End user agreement for Editize
End-user License Agreement for SitePoint Pty. Ltd.
Editize - Browser-based Text Editing SOFTWARE
Important notice: This Editize End-user License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and SitePoint Pty. Ltd. ("SitePoint") for the SOFTWARE product identified above, which includes computer SOFTWARE and may include associated media, printed materials, and "online" or electronic documentation (collectively, the "SOFTWARE").
By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, then do not install or use the SOFTWARE.
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
The SOFTWARE is licensed, not sold.
1. Grant of License.
This EULA grants you the following rights:
Installation and Use.
A License must be present for each Hostname (URL) using the SOFTWARE.
You are granted permission to use an unlimited number of instances of the SOFTWARE on each Hostname (URL) for which a License is present.
2. Description of other rights and limitations.
Rental. You may not rent, lease or lend the SOFTWARE.
Hosted Solutions. You must not install the SOFTWARE on hosted solutions or applications, such as Application Service Providers without SitePoint's written approval.
SOFTWARE transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, and this EULA), and the recipient agrees to the terms of this EULA. If the SOFTWARE is an upgrade, any transfer must include all prior versions of the SOFTWARE.
2. Copyright and intellectual property rights
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. Furthermore, this EULA does not grant you any rights in connection with any trademarks or service marks of SitePoint. SitePoint reserves all intellectual property rights, including copyrights, and trademark rights.
3. Limitations on reverse engineering, decompilation, and disassembly
You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
4. Termination without prejudice to any other rights
SitePoint may terminate this EULA if you fail to comply with any term or condition of this EULA. In such event, you must destroy all copies of the SOFTWARE.
5. No right to transfer
You may not rent, lease, lend, sell, resell, or otherwise transfer, the SOFTWARE to third parties without SitePoint written approval and subject to written agreement by the recipient of the terms of this EULA.
6. No warranties
You accept the SOFTWARE "as is," and SitePoint (and its third party suppliers and licensors) make no warranty as to its use, performance, or otherwise. To the maximum extent permitted by applicable law, SitePoint (and its third party suppliers and licensors) disclaim all other representations, warranties, and conditions, express, implied, statutory, or otherwise, including, but not limited to, implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement. The entire risk arising out of use or performance of the SOFTWARE product remains with you.
8. Limitation of liability
This limitation of liability is to the maximum extent permitted by applicable law. In no event shall SitePoint (or its third party suppliers and licensors) be liable for any costs of substitute products or services, or for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, or loss of business information) arising out of this EULA or the use of or inability to use the SOFTWARE product or the failure to provide support services, even if SitePoint has been advised of the possibility of such damages. In any case, SitePoint (and its third party suppliers' and licensors') entire liability arising out of this EULA shall be limited to $5.00.
9. Note on java support.
The SOFTWARE may contain support for programs written in java. Java technology is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of java technology could lead directly to death, personal injury, or severe physical or environmental damage.
10. Documentation and examples
SitePoint bears no liability for any technical inaccuracies or typographical errors, or for damages resulting from use of the information in any provided documentation and/or examples.
The licensee acknowledges and agrees that this EULA is entered into in Australia and is thereby governed by the laws of the commonwealth of Australia. The licensee and SitePoint submit to the jurisdiction of the courts of the commonwealth of Australia.