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Discus License Agreement
Definitions
The "SOFTWARE PRODUCT" is all files included with the Discus distribution archive as well as all files produced as a result of the installation scripts. The "SOFTWARE PRODUCT" also includes the Discus logo and the "look and feel" of any page produced via Discus or included with the Discus package. The provisions of this License Agreement applying to the "SOFTWARE PRODUCT" also apply to all derivative works of the "SOFTWARE PRODUCT."
The "LICENSEE" is the individual who downloads or receives the SOFTWARE PRODUCT unless the individual designates another to be the "LICENSEE" prior to initiating discussion topics within an implementation of the SOFTWARE PRODUCT.
"DISCUSWARE" is DiscusWare, LLC of Madison, Wisconsin, which is the sole owner of the copyright and all other rights in and to the SOFTWARE PRODUCT.
"LICENSE FEES" are monies paid from the LICENSEE to DISCUSWARE for the right to invoke this License Agreement for a specific implementation of the SOFTWARE PRODUCT.
Application of License
By downloading or receiving the SOFTWARE PRODUCT, or by installing the SOFTWARE PRODUCT onto any machine, or by using the SOFTWARE PRODUCT or any portion of the SOFTWARE PRODUCT in any way, the LICENSEE agrees to be bound by the terms of this License Agreement.
The LICENSEE is responsible for ensuring that the terms of the License Agreement are upheld and the LICENSEE is responsible for any violations of the License Agreement whether or not the LICENSEE authorized the infringements of the License Agreement.
Permitted Uses
Provided that any required LICENSE FEES have been paid, this License Agreement allows the LICENSEE to download the SOFTWARE PRODUCT for the purpose of installing the SOFTWARE PRODUCT on the LICENSEE'S site or for the purpose of examining the source code of the SOFTWARE PRODUCT to evaluate its future use on the LICENSEE'S site. The LICENSEE may install the SOFTWARE PRODUCT one time onto a single WWW server. The LICENSEE may also retain one copy of the distribution of the SOFTWARE PRODUCT for archival purposes provided that this archive is not redistributed in any way.
Prohibited Uses
The LICENSEE agrees not to do any of the following unless previously authorized in writing by DISCUSWARE, as doing the following would violate this License Agreement and be grounds for the termination of this License Agreement and possible legal action as described in this License Agreement.
Making available for download or otherwise copying or redistributing the SOFTWARE PRODUCT
Selling, renting, or leasing the SOFTWARE PRODUCT to any individual or organization
Including on any distribution medium (such as a CD-ROM or bundled within a software package) the SOFTWARE PRODUCT
Installing the SOFTWARE PRODUCT on more than one WWW server or implementing the SOFTWARE PRODUCT more than one time on a WWW server, without a sufficient number of Licenses to do so
Using any portion of the SOFTWARE PRODUCT in any other application or redistributing the SOFTWARE PRODUCT under the same or another name
Copyright Notices and Program Credits
Copyright notices included within the CGI scripts and source files of the SOFTWARE PRODUCT may never be modified, appended, or removed without the prior expressed written consent of DISCUSWARE, regardless of whether the LICENSEE has paid any LICENSE FEES for the implementation of the SOFTWARE PRODUCT.
The LICENSEE is not permitted to modify, append, or remove any copyright notices or program credits appearing within the visual interface of the SOFTWARE PRODUCT. This includes, but is not limited to, copyright notices on documentation pages and the "Program Credits" page. Removing links to such copyright notices and program credits is similarly prohibited. DISCUSWARE reserves the right to publish conditions under which copyright notices or program credits can be removed from the visual interface and to specify the extent of the removal of the same.
The following items are not considered to be copyright notices or program credits and may be removed or modified at the discretion of the LICENSEE: the Discus logo and the "Powered by Discus" message on the main topics page of a discussion board.
Multiple Installations
Each distinct implementation of the SOFTWARE PRODUCT requires that a separate License be issued by DISCUSWARE to the LICENSEE. DISCUSWARE retains the right to require the payment of additional LICENSE FEES for additional licenses, even if no LICENSE FEES are ordinarily required for the first installation.
Modifications or Additions
DISCUSWARE strongly discourages the use or creation of any modifications or additions to the SOFTWARE PRODUCT. Any modifications or additions to the SOFTWARE PRODUCT are subject to the following provisions:
The LICENSEE may modify in any way desired the SOFTWARE PRODUCT for the LICENSEE'S own use, except that copyright headers and credits cannot be removed except as otherwise provided in this License Agreement.
Any modifications containing portions of the SOFTWARE PRODUCT or causing any portion of the SOFTWARE PRODUCT to be executed, evaluated, or otherwise used in any way, are considered derivative works of the SOFTWARE PRODUCT. Hence, these modifications are subject to all terms of this License Agreement, and consequently cannot be redistributed or sold. Thus, no person, organization, or entity shall distribute any modification or addition to the SOFTWARE PRODUCT that uses any portion of the SOFTWARE PRODUCT in any way.
By making any modification or by otherwise installing any third-party modifications to the SOFTWARE PRODUCT, the LICENSEE voids the limited warranty and any obligation of support on behalf of DISCUSWARE, whether express or implied. DISCUSWARE specifically disclaims all warranties, express or implied, if any portion of the SOFTWARE PRODUCT has been modified except as documented in the SOFTWARE PRODUCT'S accompanying documentation.
DISCUSWARE makes no guarantee that the underlying code or data structure will be maintained in future upgrades to the SOFTWARE PRODUCT. The LICENSEE agrees that DISCUSWARE retains the absolute right to modify future versions of the SOFTWARE PRODUCT as DISCUSWARE sees fit, whether or not such modifications are compatible with any modifications made by the LICENSEE. DISCUSWARE retains this right in all circumstances, even if the LICENSEE has the right under arrangements with DISCUSWARE to download and install future upgrades of the SOFTWARE PRODUCT. DISCUSWARE is under no obligation whatsoever to modify the SOFTWARE PRODUCT or to instruct the LICENSEE or anyone else how to modify the SOFTWARE PRODUCT.
Limited Warranty
Provided that LICENSE FEES have been paid by the LICENSEE, DISCUSWARE warrants that the SOFTWARE PRODUCT will perform according to its documentation for a period of 30 days commencing upon payment of such LICENSE FEES. Should DISCUSWARE breach the limited warranty agreement, DISCUSWARE will, at its discretion, repair, replace, or provide instructions for repair of the SOFTWARE PRODUCT, or return any LICENSE FEES to the LICENSEE. In this sense, DISCUSWARE offers 30 days of free technical support to the LICENSEE for the sole purpose of causing the SOFTWARE PRODUCT to perform according to its documentation. In no case shall the liability of DISCUSWARE exceed the LICENSE FEES paid by the LICENSEE. This limited warranty is not offered if LICENSE FEES have not been paid by the LICENSEE.
This is the only warranty of any kind guaranteed by DISCUSWARE. Except for this limited warranty, the SOFTWARE PRODUCT is provided on an "as is" basis, and the LICENSEE accepts the SOFTWARE PRODUCT "with all faults." Should the SOFTWARE PRODUCT prove defective, the LICENSEE and not DISCUSWARE assumes the entire cost of service and repair. In addition, the security mechanisms implemented in SOFTWARE PRODUCT have inherent limitations, and DISCUSWARE does not warrant that the SOFTWARE PRODUCT will withstand all attacks. To the maximum extent permitted by applicable law, DISCUSWARE disclaims all other warranties, either express or implied. Particularly, DISCUSWARE makes no warranty of title, no warranty against infringement, no warranty of merchantability, and no warranty of fitness for a particular purpose. This warranty gives you specific legal rights, and you may have other legal rights that vary by jurisdiction.
The SOFTWARE PRODUCT is not fault-tolerant and is not designed for use in high-risk activities in any environment where the SOFTWARE PRODUCT could lead to injury or death. DISCUSWARE specifically disclaims any warranties, express implied, of fitness for high-risk activities.
In no event shall DISCUSWARE be liable for any damages in excess of LICENSE FEES paid (including without limitation, special, direct, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of information, loss of data, and any other pecuniary loss) arising from the installation or any use of this SOFTWARE PRODUCT.
The LICENSEE voids this limited warranty by performing any of the following actions:
Modifying any part of the SOFTWARE PRODUCT except as documented in the documentation that accompanies the SOFTWARE PRODUCT. This includes, but is not limited to, the CGI scripts, the message files that are produced by or installed with the program, the templates that accompany the program, and any configuration files generated by the program or required for installation. Should any other person or any automatic process (including but not limited to web site publishing software or third-party scripts which directly or indirectly access or write any of the files constituting part of the SOFTWARE PRODUCT) perform such modifications, the LICENSEE is deemed to have performed such modifications and thus the limited warranty is void.
Breaching any portion of this License Agreement.
Failing to promptly register the implementation of the SOFTWARE PRODUCT with DISCUSWARE following its implementation the LICENSEE'S site.
Deleting or moving (intentionally or inadvertently) any file provided with, created by, or used by the SOFTWARE PRODUCT.
Failing to meet the system requirements for the LICENSEE'S server as stated on the Discus download page for the version of the SOFTWARE PRODUCT that the LICENSEE is attempting to install.
Failing to pay required LICENSE FEES in a timely manner for the LICENSEE'S implementation of the SOFTWARE PRODUCT, in which case the LICENSEE not only voids the limited warranty, but also breaches this License Agreement and is also subject to other provisions of this License Agreement.
Site Content
The LICENSEE alone, not DISCUSWARE, bears the entire responsibility for the content of any internet site, even if the LICENSEE is using the SOFTWARE PRODUCT as part of that internet site. In no way shall DISCUSWARE be liable or responsible for the content of any LICENSEE'S site, including but not limited to any data created by users of the SOFTWARE PRODUCT.
Title and Copyright
The SOFTWARE PRODUCT remains the property of DISCUSWARE. The SOFTWARE PRODUCT is licensed, not sold. By paying LICENSE FEES, the LICENSEE is granted the right to use the SOFTWARE PRODUCT as described in this License Agreement, but the LICENSEE does not assume any rights of ownership or other rights in and to the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is copyright © 1997-2003 by DISCUSWARE, all rights reserved, DISCUSWARE having obtained the copyright from Kevin W. Paulisse and William F. Polik, whose names remain on older versions of the SOFTWARE PRODUCT. The LICENSEE of this SOFTWARE PRODUCT gains the right to use the copyrighted software but does not gain ownership of the copyright or of the SOFTWARE PRODUCT.
Consequences of License Violations
Should the LICENSEE use unlicensed copies of the SOFTWARE PRODUCT without the expressed written consent of DISCUSWARE, the LICENSEE is in violation of this License Agreement. If the LICENSEE was using any portions of the SOFTWARE PRODUCT which ordinarily require the payment of LICENSE FEES, the LICENSEE agrees to pay to DISCUSWARE the LICENSE FEES necessary to license the unlicensed implementation according to the schedule of LICENSE FEES available at the time from the DISCUSWARE web site. Additionally, DISCUSWARE may require that the LICENSEE immediately and entirely remove any implementation of the SOFTWARE PRODUCT that is in breach of this License Agreement. In addition, the LICENSEE shall be liable for the payment to DISCUSWARE of attorney's fees, court costs, punitive damages, and any other legal remedy appropriate for the situation.
Should the LICENSEE distribute, sell, or otherwise make available any portion of the SOFTWARE PRODUCT or any modification which is determined to be the SOFTWARE PRODUCT according to any other sections of this License Agreement, the LICENSEE shall be liable for the payment to DISCUSWARE of the equivalent cost of LICENSE FEES for the SOFTWARE PRODUCT or for all monies collected by the LICENSEE in violation of this License Agreement, whichever is more. In addition, the LICENSEE shall be liable for the payment to DISCUSWARE of attorney's fees, court costs, punitive damages, and any other legal remedy appropriate for the situation.
Termination
DISCUSWARE may, at any time, terminate the License Agreement if DISCUSWARE determines that the License Agreement has been breached. If the termination of License Agreement occurs as a result of a violation by the LICENSEE or another person, the LICENSEE must immediately remove all files from his or her implementation of the SOFTWARE PRODUCT and all links to the same.
In no case shall DISCUSWARE be responsible for paying to the LICENSEE or anyone else any amount of money, even if the termination of the license diminishes or eliminates revenue raised by the implementation of the SOFTWARE PRODUCT. In no case shall DISCUSWARE be responsible for refunding any LICENSE FEES, regardless of the reason for termination of this License Agreement, except as provided in the limited warranty section of this License Agreement.
Transfer of License
The LICENSEE is not permitted to transfer this License to any other individual or institution without the expressed written consent of DISCUSWARE.
Without prior written consent of DISCUSWARE, the LICENSEE may not act as a reseller who sells or otherwise distributes Licenses for the SOFTWARE PRODUCT. Under this License, DISCUSWARE reserves the right to develop a separate agreement applying to such reselling activities, and such an agreement, if entered into by DISCUSWARE and the LICENSEE, would supercede this License Agreement as defined in the separate agreement.
Jurisdiction
This License Agreement is governed by the laws of the State of Wisconsin. Both the LICENSEE and DISCUSWARE submit to the jurisdiction of the courts of the State of Wisconsin. Both the LICENSEE and DISCUSWARE agree to commence any litigation that may arise hereunder in the courts located in the Judicial District of Dane County in the State of Wisconsin.
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