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Ideal Bulletin Board DEMO Software License Agreement

"By installing, copying, downloading, accessing or otherwise using the FULL Software, you agree to be bound by the terms of this License. If you do not agree to the terms of this License, Licensor is unwilling to license the FULL Software to you. In such event, you may not use or copy the Full Software, and you should promptly contact Licensor at refund@idealbb.com for instructions on disposing of the FULL Software and obtaining a refund."

1. Definitions.

a. "DEMO Software" shall mean the DEMO version of the bulletin board engine created by Licensor, and any Derivative Works thereof as created by Licensor, Licensee, or other party, but shall include only those Derivative Works Licensor has approved for inclusion into said bulletin board engine.

b. "Derivative Work(s)" shall mean any revision, enhancement, modification, translation, abridgement, condensation or expansion created by Licensee that is based upon the DEMO Software or a portion thereof that would be a copyright infringement if prepared without the authorization of the copyright owner(s) of the DEMO Software or portion thereof.

c. "DEMO Screen" means a graphic produced by the DEMO Software for display to a user.

d. "DEMO Screen Elements" include the Ideal BB Logo; the phrase, "Powered by the Ideal BB"; the copyright notice, "Copyright 1999 - 2006, Ideal Science, Inc., All Rights Reserved"; a functioning link to the Ideal BB web site; and the Ideal BB logo bar indicating the DEMO status of the Ideal BB Software and its functional links, all of which the DEMO Software has been programmed to display as part of each and every Ideal Bulletin Board Screen of the DEMO Software.

2. License. Licensee acknowledges that Licensor owns all rights, title and interest in and to the DEMO Software, and agrees to use the DEMO Software only in accordance with the terms and conditions set forth in this Ideal Bulletin Board DEMO Software License Agreement.

a. Licensee agrees to install and use the DEMO Software only on a single web site and only on a single web server.

b. Licensee agrees not to modify the DEMO Software such that any DEMO Screen Element is not displayed; not to cause any such Element to be obscured; and to ensure that every such Element is displayed as intended by the DEMO Software.

c. Licensee agrees not to modify any copyright notice included in the source code of the DEMO Software.

 

d. Licensee acknowledges that a when a user attempts to browse a bulletin board created using the DEMO Software to which fifty (50) topics or more have been posted shall be automatically redirected to a Licensor Web site, and invited to purchase an upgrade license for a non-DEMO version of the bulletin board engine created by Licensor, and Licensee agrees not to impair, block, disable, modify or otherwise interfere with this function of the DEMO Software.

e. Licensee agrees that Licensor has the right to make any modification to the DEMO Software or any part thereof at its sole discretion, and without notice to Licensee.

f. Licensee agrees not to redistribute the DEMO Software or any part thereof.

3. Assignment. Licensee hereby assigns to Licensor all rights, title and interest in and to all improvements to and Derivative Works of the DEMO Software that are created by Licensee, its agents and employees, including all copyrights, patent rights and trade secret rights.

4. WARRANTIES. THE DEMO SOFTWARE IS PROVIDED "AS IS" WITHOUT

WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, AND WITHOUT ANY WARRANTIES AS TO NONINFRINGEMENT OF ANY KIND.

5. WAIVER. LICENSEE AGREES THAT IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OF DATA, PROFITS OR BUSINESS INTERRUPTION, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS CONDUCT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE DEMO SOFTWARE OR ANY PART THEREOF.

6. Indemnification. Licensee agrees to indemnify and hold harmless Licensor, its suppliers, subsidiaries, parent companies, officers, and employees for any damages, including attorneys' fees, asserted by any third party for any use of the DEMO Software, including the posting of any

threatening, defamatory, obscene, illegal, or offensive content using the Licensee's copy of the DEMO Software.

7. Governing Law. Licensee agrees that this agreement is governed by the laws of the State of New York, United States of America, and agrees to be subject to personal jurisdiction in the state and federal courts of the State of New York.

8. Export Regulations. Licensee agrees not to import, export, reexport the DEMO Software in violation of U.S. export laws and regulations.

9. No Joint Venture. Licensee agrees that no joint venture, partnership, employment, or agency relationship exists between Licensee and Ideal Science, Inc. as a result of this Agreement or the use of the DEMO Software.

10. Severability. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, it shall not affect the validity of the entire agreement. Additionally, such invalid provision shall be deemed superseded by a valid, enforceable provision and the

remainder of the agreement shall continue in effect.

11. Integration. This agreement represents the entire agreement between Licensee and Licensor and supersedes any and all prior or contemporaneous communications between the Licensee and Licensor.

12. No Waiver of Rights. Licensee agrees that no delay or failure to take action represents a waiver of the Licensor's rights.

13. Trademarks. Licensee agrees that Ideal Science, Ideal BB, and Ideal Bulletin Board are valid and subsisting trademarks of Ideal Science, Inc., and that nothing in this agreement constitutes a trademark license between Licensor and Licensee to use Licensor�s trademarks.

 

14. No Further Rights. This Agreement pertains only to the DEMO version of the bulletin board engine created by Licensor, and any Derivative Works thereof as created by Licensor, Licensee, or other party that Licensor has approved for inclusion into said bulletin board engine. This Agreement extends no rights whatsoever to any other version of any bulletin board software created by Licensor.