
END USE LICENSE AGREEMENT FOR SOFTWARE DOWNLOADED FROM MOVABLETYPE.ORG
Revised 10/08/2001

THIS IS A CONTRACT between you (either an individual or a single entity)
and the owner of the software ("Licensor") which is made available
for download on this website which covers your use of the software and
related software components, which may include printed materials and
"online" or electronic documentation. All such software and materials
are referred to herein as the "Software."

BY CHECKING THE "I ACCEPT" BOX OR BY DOWNLOADING, INSTALLING OR USING THE
SOFTWARE , THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("YOU") ARE
CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF
YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE CHECK BOX
INDICATING "I DO NOT ACCEPT" MUST BE SELECTED, AND YOU MUST NOT DOWNLOAD,
INSTALL OR USE THE SOFTWARE.

1. Conditions of Use.  Licensor grants you the non-exclusive,
non-transferable right to use the Software to manage and update your
website. You may not redistribute the Software without Licensor's prior
written consent. Although you may modify or create derivative copies
of the Software for you own use, you may not distribute modified or
derivative copies of the Software.  Although you may use the Software
on a commercial website, you may not, without Licensor's prior written
consent (a) charge for any service that uses the Software, (b) charge
for copies or modified copies of the Software, or (c) charge for support
services associated with the Software. You may not rent, lease, lend,
or in any way distribute or transfer any rights in this Agreement
or the Software to third parties without Licensor's written approval.
All rights not expressly granted to you are retained by Licensor. You may
make copies of Software as reasonably necessary for the use authorized
above, including as needed for backup and/or archival purposes. No other
copies may be made. Each copy must reproduce all copyright and other
proprietary rights notices on or in the Software.

2. No Warranty.  The Software is being delivered to you "AS IS" and
Licensor and its suppliers make no warranty as to its use or performance.
LICENSOR AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR
RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE.  LICENSOR AND ITS SUPPLIERS
MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD
PARTY RIGHTS, TITLE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR
PURPOSE.  YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE SOFTWARE.  SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT,
YOU AND NOT LICENSOR OR ITS SUPPLIERS ASSUME THE ENTIRE COST OF ANY
SERVICE OR REPAIR.

3.  Limitation of Liability. IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS
BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OR ANY LOSS OF REVENUE, DATA, USE, OR PROFITS, EVEN IF A LICENSOR
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT OR
OTHER LEGAL OR EQUITABLE THEORY.  Some States do not allow the exclusion
or limitation of incidental or consequential damages, or the exclusion of
implied warranties or limitations on how long an implied warranty lasts,
so the above limitations or exclusions may not apply to you.

4. Indemnification.  You agree to indemnify and hold Licensor, parents,
subsidiaries, affiliates, officers and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of your use of the Software, or the infringement by
you, of any intellectual property or other right of any person or entity.

5. Termination.    Either Licensor or you may terminate this Agreement
at any time. Without limiting the foregoing, Licensor shall have the
right to immediately terminate this agreement at any time in the event
of any breach by you of this Agreement.  In such event, you must destroy
all copies of the Software that you have received from Licensor or made
pursuant to this Agreement.

6. CHANGES TO TERMS.  LICENSOR RESERVES THE RIGHT TO CHANGE THIS AGREEMENT
AT ANY TIME BY POSTING CHANGES ONLINE.  IF THIS AGREEMENT IS REVISED,
THE CHANGES WILL BE POSTED THROUGH THE "LICENSE AGREEMENT" LINK ON THE
DOWNLOAD PAGE ON LICENSOR'S WEB SITE.  A MORE RECENT DATE AT THE TOP OF
THE POSTED AGREEMENT THAN THE DATE AT THE TOP OF THIS AGREEMENT WILL LET
YOU KNOW THAT A CHANGED AGREEMENT HAS BEEN POSTED.  YOUR NON-TERMINATION
OR CONTINUED USE OF THE SOFTWARE AFTER CHANGES ARE POSTED CONSTITUTES
YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.

7. Governing Law.  This Agreement will be governed by the laws of the
United States and the State of California, excluding the application of
its conflicts of law rules.  You consent to the personal and exclusive
jurisdiction and venue of the state and federal courts located in Los
Angeles, California.

8. General. This Agreement constitutes the entire understanding of the
parties and revokes and supersedes all prior agreements, oral or written,
between them and may not be modified or amended except in a writing signed
by both parties hereto which specifically refers to this Agreement. This
Agreement shall take precedence over any other documents that may be
in conflict herewith. If any one or more provisions contained in this
Agreement are held by any court or tribunal to be invalid, illegal, or
otherwise unenforceable, each and every other provision shall remain in
full force and effect.

9. Contact Information.  If you have any questions about this Agreement,
or if you want to contact Licensor for any reason, please direct all
correspondence to legal@movabletype.org through email.
