License Agreement

Status Six Communications

CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY INSTALLING THE SOFTWARE ON YOUR SYSTEM. IF YOU DO NOT AGREE TO THIS LICENSE, RETURN THE SOFTWARE TO US AND REMOVE IT FROM YOUR SYSTEM.

License Grant

“You” means the person or company who is being licensed to use the Software or Documentation. “We,” “us,” and “our” each mean the business referred to as “Status Six Communications.”

“Server Software” means the VOLANO chat server computer programs and their associated files.

“Client Software” means the VolanoChat, MyVolanoChat, and WebVolanoChat Java applet computer programs and their associated files.

“Software” means both the Server Software and the Client Software, and includes any upgrades, modified versions, updates, additions, and copies of the Software.

“Documentation” means explanatory written materials we provide regarding the Software.

“Code Base” means the host names or domain names from which the Client Software is distributed and where the Server Software is in use.

“Document Base” means the host names or domain names of the Web pages containing and embedding the Client Software.

We hereby grant you a nonexclusive license to use one copy of the Server Software on any single computer, provided the Server Software may be in use on only one computer at any time. The Server Software is “in use” on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer—for example, a hard disk, CD-ROM, or other storage device.

We hereby grant you a nonexclusive license to distribute an unlimited number of copies of the Client Software via the HTTP protocol or similar World Wide Web distribution methods onto your own or other Web pages, for use in connecting to the Server Software licensed to you under this Agreement.

The Software we build for you restricts the Code Base to the specific host name or domain name you provide and prevents someone from re-deploying the Client Software from another Web site for malicious purposes. The trial version of the Software restricts the Code Base to the local host (localhost, ip6-localhost). We may also restrict the Document Base to a list of host names or domain names you provide so that the Client Software is accessed only on known Web sites authorized by you.

Title

We remain the owner of all right, title, and interest in the Software and Documentation.

Archival or Backup Copies

You may copy the Software for back up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the “License Grant” section above.

Things You May Not Do

The Software and Documentation are protected by Canadian, United States, and other copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material—for example, a book.

You agree not to:

copy the Documentation,
copy the Software except to make archival or backup copies as provided above,
modify or adapt the Software or merge it into another program,
reverse engineer, disassemble, decompile, or make any attempt to discover the source code of the Software,
sub-license, rent, lease, or lend any portion of the Server Software or Documentation.

Transfers

You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Software, and Documentation, including all copies, updates, and prior versions to such person or entity, and that you retain no copies, including copies stored on computer.

Limited Warranty

We warrant that for a period of 30 days after delivery of this copy of the Software to you:

the media on which this copy of the Software is provided to you will be free from defects in materials and workmanship under normal use, and
the Software will perform in substantial accordance with the Documentation.

To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer, or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limited Remedy

Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, either to:

return the price you paid, or
repair or replace the Software or media that does not meet the foregoing warranty if it is returned to us with a copy of your receipt.

Before we return the price you paid, you must complete and sign a statutory declaration (which we will provide) certifying that you have destroyed all copies of the Software and Documentation in your control.

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Term and Termination

This license agreement takes effect upon your use of the Software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree, on termination of this license, to destroy all copies of the Software and Documentation in your possession.

Confidentiality

The Software contains trade secrets and proprietary know-how that belong to us, and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS, OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, IS FORBIDDEN, AND MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

General Provisions

This license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising, or representation concerning the Software.
This license agreement may be modified only by a writing signed by you and us.
In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
This license agreement is governed by the laws of the Province of British Columbia and the laws of Canada applicable therein, without reference to principles of conflicts of laws. The courts located in Vancouver, British Columbia, and the courts of appeal from those courts, will have exclusive jurisdiction to hear any and all proceedings and disputes in any way related to the Software, the Documentation, or this Agreement.

Included Software

The Server Software includes software developed by the Apache Software Foundation and licensed under the Apache Software License, Version 2.0. The included software consists of the Apache Tomcat servlet container and the Apache Xerces XML parser.