Ideal Bulletin Board DEMO Software License Agreement
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"By installing,
copying, downloading, accessing or otherwise using the FULL Software, you agree
to be bound by the terms of this License. If you do not agree to the terms of
this License, Licensor is unwilling to license the FULL Software to you. In
such event, you may not use or copy the Full Software, and you should promptly
contact Licensor at refund@idealbb.com for instructions on disposing of the
FULL Software and obtaining a refund."
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�1. Definitions.
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����������� a. ������� "DEMO
Software" shall mean the DEMO version of the� bulletin board engine
created by Licensor, and any Derivative Works� thereof as created by Licensor,
Licensee, or other party, but shall include only those Derivative Works
Licensor has approved for inclusion into said bulletin board engine.
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����������� b. ������� "Derivative
Work(s)" shall mean any revision, enhancement,� modification, translation,
abridgement, condensation or expansion created by Licensee that is based upon
the DEMO Software or a portion thereof that would be a copyright� infringement
if prepared without the authorization of the copyright owner(s) of the DEMO
Software or portion thereof.
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����������� c. ������� "DEMO
Screen" means a graphic produced by the DEMO Software for display to a
user.
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����������� d. ������� "DEMO
Screen Elements" include the Ideal BB Logo; the phrase, "Powered by
the Ideal BB"; the copyright notice, "Copyright 1999 - 2006,� Ideal
Science, Inc., All Rights Reserved"; a functioning link to the Ideal BB
web site; and the Ideal BB logo bar indicating the DEMO status of the Ideal BB
Software and its functional links, all of which the DEMO Software has been
programmed to display as part of each and every� Ideal Bulletin Board Screen of
the DEMO Software.
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�2. ������ License. Licensee
acknowledges that Licensor owns all rights, title and interest in and to the
DEMO Software, and agrees to use the DEMO Software only in accordance with the
terms and conditions set forth in this Ideal Bulletin Board DEMO Software
License Agreement.
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����������� a. ������� Licensee
agrees to install and use the DEMO Software only on a single web site and only
on a single web server.
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����������� b. ������� Licensee
agrees not to modify the DEMO Software such that any DEMO Screen Element is not
displayed; not to cause any such Element to be obscured; and to ensure that
every such Element is displayed as intended by the DEMO Software.
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����������� c. ������� Licensee
agrees not to modify any copyright notice included in the source code of the
DEMO Software.
����������� d. ������� Licensee
acknowledges that a when a user attempts to browse a bulletin board created
using the DEMO Software to which fifty (50) topics or more have been posted shall
be automatically redirected to a Licensor Web site, and invited to purchase an
upgrade license for�� a non-DEMO version of the bulletin board engine created
by Licensor, and Licensee agrees not to impair, block, disable, modify or
otherwise interfere with this function of the DEMO Software.
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����������� e. ������� Licensee
agrees that Licensor has the right to make any modification to the DEMO
Software or any part thereof at its sole discretion, and without notice to
Licensee.
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����������� f.� ������� Licensee
agrees not to redistribute the DEMO Software or any part thereof.
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�3. ������ Assignment.
Licensee hereby assigns to Licensor all rights, title and interest in and to
all improvements to and Derivative Works of the DEMO Software that are created
by Licensee, its agents and employees, including all copyrights, patent rights
and trade secret rights.
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�4. ������ WARRANTIES.� THE
DEMO SOFTWARE IS PROVIDED "AS IS" WITHOUT
�WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS, AND WITHOUT ANY WARRANTIES AS TO
NONINFRINGEMENT OF ANY KIND.
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�5. ������ WAIVER. LICENSEE
AGREES THAT IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DIRECT, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OF
DATA, PROFITS OR BUSINESS INTERRUPTION, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS CONDUCT, ARISING OUT OF OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF THE DEMO SOFTWARE OR ANY PART THEREOF.
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�6. ������ Indemnification.
Licensee agrees to indemnify and hold harmless Licensor, its suppliers,
subsidiaries, parent companies, officers, and employees� for any damages,
including attorneys' fees, asserted by any third party for any use of the DEMO
Software, including the posting of any
�threatening, defamatory,
obscene, illegal, or offensive content using the Licensee's copy of the DEMO
Software.
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�7. ������ Governing Law.
Licensee agrees that this agreement is governed by the laws of the State of New
York, United States of America, and agrees to be subject to personal
jurisdiction in the state and federal courts of the State of New York.
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�8. ������ Export
Regulations. Licensee agrees not to import, export, reexport the DEMO Software
in violation of U.S. export laws and regulations.
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�9. ������ No Joint Venture.
Licensee agrees that no joint venture, partnership, employment, or agency
relationship exists between Licensee and Ideal Science, Inc. as a result of
this Agreement or the use of the DEMO Software.
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�10. ���� Severability. If
any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law, it shall not affect the validity of the entire
agreement.� Additionally, such invalid provision shall be deemed superseded by
a valid, enforceable provision and the
�remainder of the agreement shall
continue in effect.
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�11. ���� Integration. This
agreement represents the entire agreement between Licensee and Licensor and
supersedes any and all prior or contemporaneous communications between the
Licensee and Licensor.
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�12.� ��� No Waiver of Rights.�
Licensee agrees that no delay or failure to take action represents a waiver of
the Licensor's rights.
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�13. ���� Trademarks.
Licensee agrees that Ideal Science, Ideal BB, and Ideal Bulletin Board are
valid and subsisting trademarks of Ideal Science, Inc., and that nothing in
this agreement constitutes a trademark license between Licensor and Licensee to
use Licensor�s trademarks.
14. ����� No Further Rights.
This Agreement pertains only to the DEMO version of the bulletin board engine
created by Licensor, and any Derivative Works� thereof as created by Licensor,
Licensee, or other party that Licensor has approved for inclusion into said
bulletin board engine. This Agreement extends no rights whatsoever to any other
version of any bulletin board software created by Licensor.�
