License Agreement
Your use of the Sitecore Xpress Personal Edition software is governed by the terms and conditions of the Sitecore License Agreement, which is displayed below, and as modified by the text of the License Key, which is also displayed below, you will be given to access the software.
License key text
The person [name and email] is licensed to use the Sitecore Xpress Personal edition, under the Sitecore License Agreement for Sitecore Software as modified and amended in this paragraph, for strictly non-commercial and personal use only. Prohibited commercial uses of the Sitecore Software include any use intended to generate revenue by any means, including by the sale of goods or services or by the solicitation of funds for any charitable, educational, or other purpose. Also prohibited is any Proof of Concept site or sites done for no charge if the intention or ability is to potentially create a commercial site intended to generate revenue by any means, including by the sale of goods or services or by the solicitation of funds for any charitable, educational, or other purpose. The following provisions of the License Agreement are modified or are not applicable: Because you pay no fees for the license, the references to fees paid by you in the first three paragraphs of the Agreement are not applicable. In the “Limitations of Liability” section in the Agreement, where damages recoverable against Sitecore are limited to license fees paid by you, those portions of the section are amended to provide that the limitation on damages recoverable against Sitecore is the fair market value of the use of the Sitecore Software under this License Agreement, which you and Sitecore agree is $50 upon your use of the Sitecore Software. In addition, the limitation of liability for “lost profits” is not intended by Sitecore to infer that you may use the Sitecore Software for profit making purposes. Sitecore’s Maintenance, Upgrade and Support programs are not available for this product.
Sitecore License Agreement
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS SOFTWARE (THE “SITECORE SOFTWARE”). ANY USE OF THE SITECORE SOFTWARE IS SUBJECT TO YOUR FULL ACCEPTANCE OF THIS LICENSE AGREEMENT.
License Agreement for Sitecore Software
Limited License Grant
Upon payment in full of the license fee, this License grants You a non-exclusive, perpetual, non-transferable, non-sub-licensable license to use the Sitecore Software, without time limitations, in object code form only, subject to the following terms and conditions:
The Sitecore License Key will be time limited until full payment for the licenses has been received by Sitecore or by a Sitecore Partner.
The license granted to You is for use of the Sitecore Software only on the equipment, with the features and limitations purchased by you, as specified in the License Key.
You are prohibited from using the Sitecore Software in an Application Software Provider (ASP) service bureau , time-sharing or similar environment which would in any way permit third parties including, but not limited to, subsidiaries and affiliated entities, to use the Sitecore Software.
Ownership of the Sitecore Software, derivative works , improvements thereto and all worldwide rights, title and interest in and to the Intellectual Property , including any documentation and manuals associated therewith, shall remain solely and exclusively with Sitecore. You will retain intact all applicable Sitecore copyright, patent and/or trademark notices on and in all copies of the Sitecore Software and any associated documentation.
For purpose of this license, “Intellectual Property ” shall mean: (i) any and all patents, copyrights, trademarks, service marks and trade names (registered and unregistered), trade secrets, know-how, inventions, licenses and other intellectual property rights related to the authorship, origin, design, utility, process, manufacture, programming, operations or service of the Sitecore Software or documentation associated therewith; and (ii) any and all information relating to the Sitecore Software or such documentation not then generally known to the public.
The Sitecore Software contains copyrighted and proprietary software. You may not (i) alter, modify, decompile, disassemble, reverse assemble or reverse engineer the Sitecore Software, including any database, file or library related thereto, (ii) give anyone else permission to modify the Sitecore Software . You may not duplicate any Sitecore Software or the documentation associated therewith for any purpose. All rights not expressly granted to You herein are reserved by Sitecore.
Anti Piracy
The Sitecore Software periodically transmits the following information to a server located at Sitecore’s headquarters: License key ID, licensee name, hostname (your website URL), host IP and directory installation path. This information is used solely to verify that the Sitecore Software is being used in authorized locations only. (You can turn off this feature by blocking outgoing HTTP connections from Your server).
Disclaimer of Warranty
THE SITECORE SOFTWARE AND THE ACCOMPANYING FILES ARE SUPPLIED TO YOU "AS IS". SITECORE MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE SITECORE SOFTWARE, THE ASSOCIATED DOCUMENTATION, THE OPERATION OF THE SITECORE SOFTWARE OR ANY SERVICES RENDERED BY SITECORE TO YOU, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, LOSS OR ACCURACY OF DATA, SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SITECORE DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES THAT THE SITECORE SOFTWARE WILL RUN PROPERLY ON ANY HARDWARE OTHER THAN THE DEVICE(S) SET FORTH ON THE ORDER FORM OR IN THE ASSOCIATED DOCUMENTATION, THAT THE SITECORE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU, OR THAT THE OPERATION OF THE SITECORE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL ERRORS WILL BE CORRECTED. A WARRANTY FOR LOSS OF DATA IS NOT IMPLIED.
Limitation of Liability
THE LIABILITY OF SITECORE IS LIMITED TO THE REPLACEMENT OF THE SITECORE SOFTWARE OR THE REFUND OF THE LICENSE FEE PAID BY YOU. IN NO EVENT WHATSOEVER WILL SITECORE OR ANY OF ITS SUBCONTRACTORS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ANY PORTION THEREOF OR SUPPORT SERVICES PROVIDED TO YOU BY SITECORE IN SUPPORT OF THE SITECORE SOFTWARE, INCLUDING BUT NOT LIMITED TO, THE LOSS OF USE OF THE SOFTWARE, INACCURATE RESULTS, LOSS OF PROFITS OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SOFTWARE OR CLAIMS BY THIRD PARTIES, EVEN IF SITECORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SITECORE'S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES PAID BY LICENSEE TO SITECORE PURSUANT TO THIS AGREEMENT. SITECORE WILL NOT BE LIABLE FOR DELAYS OR FAILURES IN PERFORMANCE OF THE SUPPORT SERVICES DUE TO CAUSES BEYOND ITS CONTROL OR FOR DAMAGES CAUSED BY YOUR FAILURE TO PERFORM YOUR OBLIGATIONS UNDER THIS AGREEMENT.
Patent or Copyright Infringement
If any third party claim based upon alleged infringement of an issued patent or infringement of a registered copyright under the laws of the United States, Canada or the European Union is asserted against You by virtue of your use of the Sitecore Software, Sitecore will indemnify You in investigation of such claims, in preparation and in defense of such claims, or in settlement thereof, provided that Sitecore shall have received from You notice of said claim within ten (10) calendar days of the assertion thereof, and further provided that Sitecore shall have the exclusive right, if it so chooses, to control and direct the investigation, the defense or the settlement of such claim and further provided that Sitecore shall receive complete cooperation and assistance from You in defending or settling the claim. Sitecore shall have no liability for any claim of infringement based on: (i) use of a superseded or altered version of the Sitecore Software or associated documentation if the infringement would have been avoided by the use of a current unaltered version release of such Sitecore Software; or (ii) the combination, operation or use of the Sitecore Software with any software, hardware or other materials not furnished by Sitecore if the infringement would have been avoided without combining, operating or using such Sitecore Software with such other software, hardware or other materials. In the event the Sitecore Software is held by a court of competent jurisdiction to be, or is believed by Sitecore to be, infringing, Sitecore will have the option, at its expense, to: (i) modify such Sitecore Software to be non-infringing; (ii) obtain for You a license to continue using such Sitecore Software; or (iii) terminate the license for the infringing Sitecore Software and refund a portion of the license fees paid by You for such infringing Sitecore Software as calculated based on a pro-rated deduction over a five year period from the date of original delivery of such infringing Sitecore Software. This paragraph states Sitecore’s entire liability and Your exclusive remedy for patent or copyright infringement.
Software Patches
Sitecore may provide software patches as it deems appropriate in its sole and absolute discretion. Software patches will often be provided in an effort to correct a specific problem. Software patches, if any, will be made available to You free of charge.
To the extent that operation of the Sitecore Software is affected by problems in standard software used in connection with the Sitecore Software, then updates to such standard software per Sitecore’s specifications will be required and mandatory in order to solve these issues. This includes (but not limited to) Microsoft Internet Explorer, Windows and the Microsoft XML DOM object. Sitecore can provide no guarantees that problems with such standard software will be corrected in part or at all, and even if such problems are corrected, that the corrections will be made in a timely manner.
Privacy
In connection with Your use of the Sitecore Software, it is your responsibility to comply with all applicable laws and other requirements with respect to the protection of individuals, including, but not limited to, the processing of personal data.
Injunctive Relief; Attorneys’ Fees
The remedy at law for any breach or threatened breach of the Section titled ”License Grant” shall be inadequate, and in addition to any other remedy available at law, in equity or under this Agreement, Sitecore shall be entitled to seek injunctive relief. In any action or proceeding to enforce any of the terms or provisions of this Agreement or on account of the breach hereof, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorney’s costs and expenses.
March 19th, 2007