License

We offer multiple products and services which are released under different licensing terms. This page details each offering and its associated license.

Free WordPress Plugin: Mozilla Public License 2.0

The free/trial version of TubePress (“Free”) is released exclusively as a WordPress plugin. All content (source code, images, text, etc.) produced by TubePress in this distribution is released under the Mozilla Public License 2.0 (MPL-2.0). You are free to use the free version of TubePress in any manner that complies with the terms of the MPL-2.0.

This version of TubePress bundles 3rd-party libraries that have different licenses. It is your responsibility to ensure that your use of TubePress does not violate the terms of these licenses.

Informal Summary

tl:drLegal has a great summary of the MPL-2.0

Allowed

• Commercial use
• Modifications
• Redistribution
• Use on multiple websites

Not Allowed

• Use trademark
• Hold TubePress LLC liable

Full Text: Mozilla Public License 2.0

Mozilla Public License Version 2.0
==================================

1. Definitions
--------------

1.1. "Contributor"
    means each individual or legal entity that creates, contributes to
    the creation of, or owns Covered Software.

1.2. "Contributor Version"
    means the combination of the Contributions of others (if any) used
    by a Contributor and that particular Contributor's Contribution.

1.3. "Contribution"
    means Covered Software of a particular Contributor.

1.4. "Covered Software"
    means Source Code Form to which the initial Contributor has attached
    the notice in Exhibit A, the Executable Form of such Source Code
    Form, and Modifications of such Source Code Form, in each case
    including portions thereof.

1.5. "Incompatible With Secondary Licenses"
    means

    (a) that the initial Contributor has attached the notice described
        in Exhibit B to the Covered Software; or

    (b) that the Covered Software was made available under the terms of
        version 1.1 or earlier of the License, but not also under the
        terms of a Secondary License.

1.6. "Executable Form"
    means any form of the work other than Source Code Form.

1.7. "Larger Work"
    means a work that combines Covered Software with other material, in 
    a separate file or files, that is not Covered Software.

1.8. "License"
    means this document.

1.9. "Licensable"
    means having the right to grant, to the maximum extent possible,
    whether at the time of the initial grant or subsequently, any and
    all of the rights conveyed by this License.

1.10. "Modifications"
    means any of the following:

    (a) any file in Source Code Form that results from an addition to,
        deletion from, or modification of the contents of Covered
        Software; or

    (b) any new file in Source Code Form that contains any Covered
        Software.

1.11. "Patent Claims" of a Contributor
    means any patent claim(s), including without limitation, method,
    process, and apparatus claims, in any patent Licensable by such
    Contributor that would be infringed, but for the grant of the
    License, by the making, using, selling, offering for sale, having
    made, import, or transfer of either its Contributions or its
    Contributor Version.

1.12. "Secondary License"
    means either the GNU General Public License, Version 2.0, the GNU
    Lesser General Public License, Version 2.1, the GNU Affero General
    Public License, Version 3.0, or any later versions of those
    licenses.

1.13. "Source Code Form"
    means the form of the work preferred for making modifications.

1.14. "You" (or "Your")
    means an individual or a legal entity exercising rights under this
    License. For legal entities, "You" includes any entity that
    controls, is controlled by, or is under common control with You. For
    purposes of this definition, "control" means (a) the power, direct
    or indirect, to cause the direction or management of such entity,
    whether by contract or otherwise, or (b) ownership of more than
    fifty percent (50%) of the outstanding shares or beneficial
    ownership of such entity.

2. License Grants and Conditions
--------------------------------

2.1. Grants

Each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license:

(a) under intellectual property rights (other than patent or trademark)
    Licensable by such Contributor to use, reproduce, make available,
    modify, display, perform, distribute, and otherwise exploit its
    Contributions, either on an unmodified basis, with Modifications, or
    as part of a Larger Work; and

(b) under Patent Claims of such Contributor to make, use, sell, offer
    for sale, have made, import, and otherwise transfer either its
    Contributions or its Contributor Version.

2.2. Effective Date

The licenses granted in Section 2.1 with respect to any Contribution
become effective for each Contribution on the date the Contributor first
distributes such Contribution.

2.3. Limitations on Grant Scope

The licenses granted in this Section 2 are the only rights granted under
this License. No additional rights or licenses will be implied from the
distribution or licensing of Covered Software under this License.
Notwithstanding Section 2.1(b) above, no patent license is granted by a
Contributor:

(a) for any code that a Contributor has removed from Covered Software;
    or

(b) for infringements caused by: (i) Your and any other third party's
    modifications of Covered Software, or (ii) the combination of its
    Contributions with other software (except as part of its Contributor
    Version); or

(c) under Patent Claims infringed by Covered Software in the absence of
    its Contributions.

This License does not grant any rights in the trademarks, service marks,
or logos of any Contributor (except as may be necessary to comply with
the notice requirements in Section 3.4).

2.4. Subsequent Licenses

No Contributor makes additional grants as a result of Your choice to
distribute the Covered Software under a subsequent version of this
License (see Section 10.2) or under the terms of a Secondary License (if
permitted under the terms of Section 3.3).

2.5. Representation

Each Contributor represents that the Contributor believes its
Contributions are its original creation(s) or it has sufficient rights
to grant the rights to its Contributions conveyed by this License.

2.6. Fair Use

This License is not intended to limit any rights You have under
applicable copyright doctrines of fair use, fair dealing, or other
equivalents.

2.7. Conditions

Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted
in Section 2.1.

3. Responsibilities
-------------------

3.1. Distribution of Source Form

All distribution of Covered Software in Source Code Form, including any
Modifications that You create or to which You contribute, must be under
the terms of this License. You must inform recipients that the Source
Code Form of the Covered Software is governed by the terms of this
License, and how they can obtain a copy of this License. You may not
attempt to alter or restrict the recipients' rights in the Source Code
Form.

3.2. Distribution of Executable Form

If You distribute Covered Software in Executable Form then:

(a) such Covered Software must also be made available in Source Code
    Form, as described in Section 3.1, and You must inform recipients of
    the Executable Form how they can obtain a copy of such Source Code
    Form by reasonable means in a timely manner, at a charge no more
    than the cost of distribution to the recipient; and

(b) You may distribute such Executable Form under the terms of this
    License, or sublicense it under different terms, provided that the
    license for the Executable Form does not attempt to limit or alter
    the recipients' rights in the Source Code Form under this License.

3.3. Distribution of a Larger Work

You may create and distribute a Larger Work under terms of Your choice,
provided that You also comply with the requirements of this License for
the Covered Software. If the Larger Work is a combination of Covered
Software with a work governed by one or more Secondary Licenses, and the
Covered Software is not Incompatible With Secondary Licenses, this
License permits You to additionally distribute such Covered Software
under the terms of such Secondary License(s), so that the recipient of
the Larger Work may, at their option, further distribute the Covered
Software under the terms of either this License or such Secondary
License(s).

3.4. Notices

You may not remove or alter the substance of any license notices
(including copyright notices, patent notices, disclaimers of warranty,
or limitations of liability) contained within the Source Code Form of
the Covered Software, except that You may alter any license notices to
the extent required to remedy known factual inaccuracies.

3.5. Application of Additional Terms

You may choose to offer, and to charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of Covered
Software. However, You may do so only on Your own behalf, and not on
behalf of any Contributor. You must make it absolutely clear that any
such warranty, support, indemnity, or liability obligation is offered by
You alone, and You hereby agree to indemnify every Contributor for any
liability incurred by such Contributor as a result of warranty, support,
indemnity or liability terms You offer. You may include additional
disclaimers of warranty and limitations of liability specific to any
jurisdiction.

4. Inability to Comply Due to Statute or Regulation
---------------------------------------------------

If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Software due to
statute, judicial order, or regulation then You must: (a) comply with
the terms of this License to the maximum extent possible; and (b)
describe the limitations and the code they affect. Such description must
be placed in a text file included with all distributions of the Covered
Software under this License. Except to the extent prohibited by statute
or regulation, such description must be sufficiently detailed for a
recipient of ordinary skill to be able to understand it.

5. Termination
--------------

5.1. The rights granted under this License will terminate automatically
if You fail to comply with any of its terms. However, if You become
compliant, then the rights granted under this License from a particular
Contributor are reinstated (a) provisionally, unless and until such
Contributor explicitly and finally terminates Your grants, and (b) on an
ongoing basis, if such Contributor fails to notify You of the
non-compliance by some reasonable means prior to 60 days after You have
come back into compliance. Moreover, Your grants from a particular
Contributor are reinstated on an ongoing basis if such Contributor
notifies You of the non-compliance by some reasonable means, this is the
first time You have received notice of non-compliance with this License
from such Contributor, and You become compliant prior to 30 days after
Your receipt of the notice.

5.2. If You initiate litigation against any entity by asserting a patent
infringement claim (excluding declaratory judgment actions,
counter-claims, and cross-claims) alleging that a Contributor Version
directly or indirectly infringes any patent, then the rights granted to
You by any and all Contributors for the Covered Software under Section
2.1 of this License shall terminate.

5.3. In the event of termination under Sections 5.1 or 5.2 above, all
end user license agreements (excluding distributors and resellers) which
have been validly granted by You or Your distributors under this License
prior to termination shall survive termination.

************************************************************************
*                                                                      *
*  6. Disclaimer of Warranty                                           *
*  -------------------------                                           *
*                                                                      *
*  Covered Software is provided under this License on an "as is"       *
*  basis, without warranty of any kind, either expressed, implied, or  *
*  statutory, including, without limitation, warranties that the       *
*  Covered Software is free of defects, merchantable, fit for a        *
*  particular purpose or non-infringing. The entire risk as to the     *
*  quality and performance of the Covered Software is with You.        *
*  Should any Covered Software prove defective in any respect, You     *
*  (not any Contributor) assume the cost of any necessary servicing,   *
*  repair, or correction. This disclaimer of warranty constitutes an   *
*  essential part of this License. No use of any Covered Software is   *
*  authorized under this License except under this disclaimer.         *
*                                                                      *
************************************************************************

************************************************************************
*                                                                      *
*  7. Limitation of Liability                                          *
*  --------------------------                                          *
*                                                                      *
*  Under no circumstances and under no legal theory, whether tort      *
*  (including negligence), contract, or otherwise, shall any           *
*  Contributor, or anyone who distributes Covered Software as          *
*  permitted above, be liable to You for any direct, indirect,         *
*  special, incidental, or consequential damages of any character      *
*  including, without limitation, damages for lost profits, loss of    *
*  goodwill, work stoppage, computer failure or malfunction, or any    *
*  and all other commercial damages or losses, even if such party      *
*  shall have been informed of the possibility of such damages. This   *
*  limitation of liability shall not apply to liability for death or   *
*  personal injury resulting from such party's negligence to the       *
*  extent applicable law prohibits such limitation. Some               *
*  jurisdictions do not allow the exclusion or limitation of           *
*  incidental or consequential damages, so this exclusion and          *
*  limitation may not apply to You.                                    *
*                                                                      *
************************************************************************

8. Litigation
-------------

Any litigation relating to this License may be brought only in the
courts of a jurisdiction where the defendant maintains its principal
place of business and such litigation shall be governed by laws of that
jurisdiction, without reference to its conflict-of-law provisions.
Nothing in this Section shall prevent a party's ability to bring
cross-claims or counter-claims.

9. Miscellaneous
----------------

This License represents the complete agreement concerning the subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. Any law or regulation which provides
that the language of a contract shall be construed against the drafter
shall not be used to construe this License against a Contributor.

10. Versions of the License
---------------------------

10.1. New Versions

Mozilla Foundation is the license steward. Except as provided in Section
10.3, no one other than the license steward has the right to modify or
publish new versions of this License. Each version will be given a
distinguishing version number.

10.2. Effect of New Versions

You may distribute the Covered Software under the terms of the version
of the License under which You originally received the Covered Software,
or under the terms of any subsequent version published by the license
steward.

10.3. Modified Versions

If you create software not governed by this License, and you want to
create a new license for such software, you may create and use a
modified version of this License if you rename the license and remove
any references to the name of the license steward (except to note that
such modified license differs from this License).

10.4. Distributing Source Code Form that is Incompatible With Secondary
Licenses

If You choose to distribute Source Code Form that is Incompatible With
Secondary Licenses under the terms of this version of the License, the
notice described in Exhibit B of this License must be attached.

Exhibit A - Source Code Form License Notice
-------------------------------------------

  This Source Code Form is subject to the terms of the Mozilla Public
  License, v. 2.0. If a copy of the MPL was not distributed with this
  file, You can obtain one at http://mozilla.org/MPL/2.0/.

If it is not possible or desirable to put the notice in a particular
file, then You may include the notice in a location (such as a LICENSE
file in a relevant directory) where a recipient would be likely to look
for such a notice.

You may add additional accurate notices of copyright ownership.

Exhibit B - "Incompatible With Secondary Licenses" Notice
---------------------------------------------------------

  This Source Code Form is "Incompatible With Secondary Licenses", as
  defined by the Mozilla Public License, v. 2.0.

Premium/Paid Downloads – Option 1 of 2: TubePress Single-Site License

TubePress Pro and all other downloadable software from TubePress (e.g. any of our optional add-ons) built entirely on top of the free version of TubePress; they have zero dependencies on any GPL’d code such as WordPress. These products are released under two separate licenses; as an end user you may choose either.

Informal Summary

This is a brief, non-legal summary. Please read the license text for details.

Allowed

• Commercial use as long as it is not in competition with TubePress LLC
• Modify source code
• Use on a single website

Not Allowed

• Resale or redistribution of any kind
• Use on multiple websites (must purchase separate licenses or use developer’s license)
• Use trademark
• Hold TubePress LLC liable

Full Text: TubePress Single-Site License

TubePress Single-Site License
=============================

1. PREAMBLE 
-----------

This Agreement governs the relationship between end user, a private
person or register business, (hereinafter: Licensee) and TubePress LLC,
a duly registered company in California, United States whose
principal place of business is San Diego, California, United States
(Hereinafter: Licensor).This Agreement sets the terms, rights,
restrictions and obligations on using any digital product
(hereinafter: The Software) created, owned, and distributed by Licensor,
as detailed herein.

2. ACCEPTANCE
-------------

By downloading, installing, copying, or otherwise using the Software,
you agree to be bound by the terms of this License Agreement. If you do
not agree to the terms of this License Agreement, do not download,
install, copy or use the Software.

3. LICENSE GRANT 
----------------

Licensor hereby grants Licensee a Personal, Non-Assignable and
Non-Transferable, Commercial, Royalty free, Including the rights to
create but not distribute derivative works, Non-exclusive license, all
with accordance with the terms set forth and other legal restrictions
set forth in 3rd party software used while running Software.

3.1 Limited: Licensee may use Software for the purpose of:

  (a) Running Software on Licensee's Website[s] and Server[s];
  (b) Allowing 3rd Parties to run Software on Licensee's Website[s] and
      Server[s];
  (c) Publishing Software's output to Licensee and 3rd Parties;
  (d) Distribute verbatim copies of Software's output (including
      compiled binaries);
  (e) Modify Software to suit Licensee's needs and specifications.

3.2 Single Site License

Licensee may use the Software on a single website. Additional Software
licenses must be purchased in order to install and use the Software on
additional websites.

3.3 Without Sublicensing

Licensee may not sublicense Software.

3.4 Non Assignable and Non-Transferable

Licensee may not assign or transfer his rights and duties under this
license.

3.5 Commercial, Royalty Free

Commercial use of the Software, including paid-services, is permitted
without any royalties. However Licensee may not use Software or
derivative works to provide any services or products that may directly
compete with Licensor. Licensee may not offer a hosted version of the
Software for others to utilize.

3.6 Including the Right to Create Derivative Works 

Licensee may create derivative works based on Software, including
amending Software's source code, modifying it, integrating it into a
larger work or removing portions of Software, as long as no distribution
of the derivative works is made. 

3.7 Attribution Requirements

Attribution is in the form of comments within the top of Software's
source code and should not be modified or removed under any
circumstances.

3.8 Redistribution Prohibited

Licensee may not, under any circumstances, redistribute Software or
otherwise provide use of Software to third parties.

4. TERM & TERMINATION
---------------------

The Term of this license shall be until terminated. Licensor may
terminate this Agreement, including Licensee's license in the case where
Licensee:

  (a) Became insolvent or otherwise entered into any liquidation
      process; or
  (b) Exported The Software to any jurisdiction where licensor may not
      enforce his rights under this agreements in; or
  (c) Licensee was in breach of any of this license's terms and
      conditions and such breach was not cured, immediately upon
      notification; or Licensee in breach of any of the terms of clause
      2 to this license; or
  (d) Licensee otherwise entered into any arrangement which caused
      Licensor to be unable to enforce his rights under this License.

5. PAYMENT
----------

In consideration of the License granted under clause 2, Licensee shall
pay Licensor a fee, via credit card, PayPal or any other mean which
Licensor may deem adequate. Failure to perform payment shall construe as
material breach of this Agreement.

6. UPGRADES, UPDATES, AND FIXES
-------------------------------

Licensor may provide Licensee, from time to time, with Upgrades, Updates
or Fixes, as detailed herein and according to his sole discretion.
Licensee hereby warrants to keep The Software up-to-date and install all
relevant updates and fixes, and may, at his sole discretion, purchase
upgrades, according to the rates set by Licensor. Licensor shall provide
any update or Fix free of charge; however, nothing in this Agreement
shall require Licensor to provide Updates or Fixes.

7. SUPPORT
----------

Software is provided under an AS-IS basis and without any guaranteed
support, updates or maintenance. Nothing in this Agreement shall require
Licensor to provide Licensee with support or fixes to any bug, failure,
mis-performance or other defect in The Software.

8. LIABILITY
------------

To the extent permitted under Law, The Software is provided under an
AS-IS basis. Licensor shall never, and without any limit, be liable for
any damage, cost, expense or any other payment incurred by Licensee as a
result of Software's actions, failure, bugs and/or any other interaction
between The Software  and Licensee's end-equipment, computers, other
software or any 3rd party, end-equipment, computer or services.

Moreover, Licensor shall never be liable for any defect in source code
written by Licensee when relying on The Software or using The Software's
source code.

9. WARRANTY
-----------

9.1 Intellectual Property

Licensor hereby warrants that The Software does not violate or infringe
any 3rd party claims in regards to intellectual property, patents and/or
trademarks and that to the best of its knowledge no legal action has
been taken against it for any infringement or violation of any 3rd party
intellectual property rights.

9.2 No-Warranty

The Software is provided without any warranty; Licensor hereby disclaims
any warranty that The Software shall be error free, without defects or
code which may cause damage to Licensee's computers or to Licensee, and
that Software shall be functional. Licensee shall be solely liable to
any damage, defect or loss incurred as a result of operating software
and undertake the risks contained in running The Software on Licensee's
Server and Website.

9.3 Prior Inspection

Licensee hereby states that he inspected The Software thoroughly and
found it satisfactory and adequate to his needs, that it does not
interfere with his regular operation and that it does meet the standards
and scope of his computer systems and architecture. Licensee found that
The Software interacts with his development, website and server
environment and that it does not infringe any of End User License
Agreement of any software Licensee may use in performing his services.
Licensee hereby waives any claims regarding The Software's
incompatibility, performance, results and features, and warrants that he
inspected the The Software.

10. NO REFUNDS
--------------

Licensee warrants that he inspected The Software according to Prior
Inspection and that it is adequate to his needs. Accordingly, as The
Software is intangible goods, Licensee shall not be, ever, entitled to
any refund, rebate, compensation or restitution for any reason
whatsoever, even if The Software contains material flaws.

11. INDEMNIFICATION
-------------------

Licensee hereby warrants to hold Licensor harmless and indemnify
Licensor for any lawsuit brought against it in regards to Licensee's use
of The Software in means that violate, breach or otherwise circumvent
this license, Licensor's intellectual property rights or Licensor's
title in The Software. Licensor shall promptly notify Licensee in case
of such legal action and request Licensee's consent prior to any
settlement in relation to such lawsuit or claim.

12. GOVERNING LAW, JURISDICTION
-------------------------------

Licensee hereby agrees not to initiate class-action lawsuits against
Licensor in relation to this license and to compensate Licensor for any
legal fees, cost or attorney fees should any claim brought by Licensee
against Licensor be denied, in part or in full.

13. THIRD PARTY PROGRAMS
------------------------

The Software may include third party programs or materials that are
governed by the third party's license terms, including without
limitation, open source software. The license terms associated with such
third party programs or materials govern your use of same, and the
Licensor is not liable for such third party programs or materials.

Premium/Paid Downloads – Option 2 of 2: TubePress Developer’s License

This license is targeted at individual web designers/developers and web development/design firms. It is nearly identical to the Single-Site License, except that the Developer’s License may be used on an unlimited number of client websites.

Informal Summary

This is a brief, non-legal summary. Please read the license text for details.

Allowed

• Commercial use as long as it is not in competition with TubePress LLC
• Modify source code
• Use on unlimited client websites

Not Allowed

• Use trademark
• Hold TubePress LLC liable

Full Text: TubePress Developer’s License

TubePress Developer's License
=============================

1. PREAMBLE 
-----------

This Agreement governs the relationship between end user, a private
person or register business, (hereinafter: Licensee) and TubePress LLC,
a duly registered company in California, United States whose
principal place of business is San Diego, California, United States
(Hereinafter: Licensor). This Agreement sets the terms, rights,
restrictions and obligations on using any digital product
(hereinafter: The Software) created, owned, and distributed by Licensor,
as detailed herein.

2. ACCEPTANCE
-------------

By downloading, installing, copying, or otherwise using the Software,
you agree to be bound by the terms of this License Agreement. If you do
not agree to the terms of this License Agreement, do not download,
install, copy or use the Software.

3. LICENSE GRANT 
----------------

Licensor hereby grants Licensee a Personal, Non-Assignable and
Non-Transferable, Commercial, Royalty free, Including the rights to
create but not distribute derivative works, Non-exclusive license, all
with accordance with the terms set forth and other legal restrictions
set forth in 3rd party software used while running Software.

3.1 Limited: Licensee may use Software for the purpose of:

  (a) Running Software on Licensee's Website[s] and Server[s];
  (b) Running Software on Licensee's commercial client Website[s] and 
      Server[s];
  (c) Allowing 3rd Parties to run Software on Licensee's Website[s] and
      Server[s];
  (d) Publishing Software's output to Licensee and 3rd Parties;
  (e) Distribute verbatim copies of Software's output (including
      compiled binaries);
  (f) Modify Software to suit Licensee's needs and specifications.

3.2 Without Sublicensing

Licensee may not sublicense Software.

3.3 Non Assignable and Non-Transferable

Licensee may not assign or transfer his rights and duties under this
license.

3.4 Commercial, Royalty Free

Commercial use of the Software, including paid-services, is permitted
without any royalties. However Licensee may not use Software or
derivative works to provide any services or products that may directly
compete with Licensor. Licensee may not offer a hosted version of the
Software for others to utilize.

3.5 Including the Right to Create Derivative Works 

Licensee may create derivative works based on Software, including
amending Software's source code, modifying it, integrating it into a
larger work or removing portions of Software, as long as no distribution
of the derivative works is made. 

3.6 Attribution Requirements

Attribution is in the form of comments within the top of Software's
source code and should not be modified or removed under any
circumstances.

3.7 Redistribution Restricted

Licensee may install Software to Licensee's client website(s) and 
server(s). A "client" is defined as an entity with which Licensee is 
commercially engaged for the purpose of website design, development, 
construction, or consulting.

Otherwise Licensee may not, under any circumstances, "bundle", 
redistribute, provide us of, or resell Software to third parties.

4. TERM & TERMINATION
---------------------

The Term of this license shall be until terminated. Licensor may
terminate this Agreement, including Licensee's license in the case where
Licensee:

  (a) Became insolvent or otherwise entered into any liquidation
      process; or
  (b) Exported The Software to any jurisdiction where licensor may not
      enforce his rights under this agreements in; or
  (c) Licensee was in breach of any of this license's terms and
      conditions and such breach was not cured, immediately upon
      notification; or Licensee in breach of any of the terms of clause
      2 to this license; or
  (d) Licensee otherwise entered into any arrangement which caused
      Licensor to be unable to enforce his rights under this License.

5. PAYMENT
----------

In consideration of the License granted under clause 2, Licensee shall
pay Licensor a fee, via credit card, PayPal or any other mean which
Licensor may deem adequate. Failure to perform payment shall construe as
material breach of this Agreement.

6. UPGRADES, UPDATES, AND FIXES
-------------------------------

Licensor may provide Licensee, from time to time, with Upgrades, Updates
or Fixes, as detailed herein and according to his sole discretion.
Licensee hereby warrants to keep The Software up-to-date and install all
relevant updates and fixes, and may, at his sole discretion, purchase
upgrades, according to the rates set by Licensor. Licensor shall provide
any update or Fix free of charge; however, nothing in this Agreement
shall require Licensor to provide Updates or Fixes.

7. SUPPORT
----------

Software is provided under an AS-IS basis and without any guaranteed
support, updates or maintenance. Nothing in this Agreement shall require
Licensor to provide Licensee with support or fixes to any bug, failure,
mis-performance or other defect in The Software.

8. LIABILITY
------------

To the extent permitted under Law, The Software is provided under an
AS-IS basis. Licensor shall never, and without any limit, be liable for
any damage, cost, expense or any other payment incurred by Licensee as a
result of Software's actions, failure, bugs and/or any other interaction
between The Software  and Licensee's end-equipment, computers, other
software or any 3rd party, end-equipment, computer or services.

Moreover, Licensor shall never be liable for any defect in source code
written by Licensee when relying on The Software or using The Software's
source code.

9. WARRANTY
-----------

9.1 Intellectual Property

Licensor hereby warrants that The Software does not violate or infringe
any 3rd party claims in regards to intellectual property, patents and/or
trademarks and that to the best of its knowledge no legal action has
been taken against it for any infringement or violation of any 3rd party
intellectual property rights.

9.2 No-Warranty

The Software is provided without any warranty; Licensor hereby disclaims
any warranty that The Software shall be error free, without defects or
code which may cause damage to Licensee's computers or to Licensee, and
that Software shall be functional. Licensee shall be solely liable to
any damage, defect or loss incurred as a result of operating software
and undertake the risks contained in running The Software on Licensee's
Server and Website.

9.3 Prior Inspection

Licensee hereby states that he inspected The Software thoroughly and
found it satisfactory and adequate to his needs, that it does not
interfere with his regular operation and that it does meet the standards
and scope of his computer systems and architecture. Licensee found that
The Software interacts with his development, website and server
environment and that it does not infringe any of End User License
Agreement of any software Licensee may use in performing his services.
Licensee hereby waives any claims regarding The Software's
incompatibility, performance, results and features, and warrants that he
inspected the The Software.

10. NO REFUNDS
--------------

Licensee warrants that he inspected The Software according to Prior
Inspection and that it is adequate to his needs. Accordingly, as The
Software is intangible goods, Licensee shall not be, ever, entitled to
any refund, rebate, compensation or restitution for any reason
whatsoever, even if The Software contains material flaws.

11. INDEMNIFICATION
-------------------

Licensee hereby warrants to hold Licensor harmless and indemnify
Licensor for any lawsuit brought against it in regards to Licensee's use
of The Software in means that violate, breach or otherwise circumvent
this license, Licensor's intellectual property rights or Licensor's
title in The Software. Licensor shall promptly notify Licensee in case
of such legal action and request Licensee's consent prior to any
settlement in relation to such lawsuit or claim.

12. GOVERNING LAW, JURISDICTION
-------------------------------

Licensee hereby agrees not to initiate class-action lawsuits against
Licensor in relation to this license and to compensate Licensor for any
legal fees, cost or attorney fees should any claim brought by Licensee
against Licensor be denied, in part or in full.

13. THIRD PARTY PROGRAMS
------------------------

The Software may include third party programs or materials that are
governed by the third party's license terms, including without
limitation, open source software. The license terms associated with such
third party programs or materials govern your use of same, and the
Licensor is not liable for such third party programs or materials.