MOVABLE TYPE SOFTWARE STANDARD COMMERCIAL USE LICENSE This End User License Agreement (the "Agreement") is a binding legal agreement between the person or organization that registers to download the Movable Type software ("you") and Six Apart, Ltd ("Six Apart"). By selecting "I Accept" when downloading, or by installing or using the Movable Type Software (the "Software"), you agree to be bound by the terms of this Agreement. If you do not agree to the Agreement, you may not install or use the Software. Educational institutions are not qualified to use this Standard Commercial Use License and must enter into an Educational License with Six Apart. How You Can Use Movable Type. You have, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable personal license to use the Software for your internal business purpose. For clarification purposes, use of the Software by a non-profit or governmental organization, or by an individual to directly or indirectly support any commercial endeavor is considered for "business purpose." Six Apart reserves the right to determine whether your use of the Software qualifies under this Agreement. Six Apart owns all rights, title and interest to the Software (including all intellectual property rights) and reserves all rights to the Software that are not expressly granted in this Agreement. Your use of the Software is limited to a fixed number of authors and weblogs, as defined below and enumerated in your copy of the Software. "Author" means one individual with a unique login name generated by the Software via the "Add/Edit Weblog Authors" function of the Software who has logged in within the prior 90 days. The sharing of an individual login name for more than one person is prohibited. "Weblog" means a single Web site viewable at a single URL (Uniform Resource Locator), consisting of one or more weblogs as generated by the Software via the "Create New Weblog" function of the Software. A Little Credit. We ask that you maintain an operable link to http://www.sixapart.com/movabletype/, with the link text "Powered by Movable Type", though the presence of the credit link on a commercial site is optional. Making Copies. You may make one (1) copy of the Software in any machine readable form solely for back-up purposes, provided that you reproduce the Software in its original form and with all proprietary notices on the back-up copy. All rights to the Software not expressly granted herein are reserved by Six Apart. Getting Help. Six Apart will provide technical support services for the Software as enumerated in your copy of the Software. Restrictions. You understand and agree that you will only use the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights. You may not: * Create derivative works based on the Software; * Reproduce the Software except as described in this Agreement; * Sell, assign, license, disclose, or otherwise transfer or make available the Software or any copies of the Software in any form to any third parties; * Translate or attempt to reverse engineer the Software, subject to applicable law which permits such activity notwithstanding this contractual prohibition; * Use the Software to provide hosting services to others or to provide any type of service bureau service; or * Remove or alter any proprietary notices or marks on the Software. TypeKey Service. Some uses of the Comment Registration feature may require registration for the TypeKey service www.typekey.com and compliance with the TypeKey Services End User License Agreement. Fees and Payment. You will pay Six Apart the Standard Commercial Use License Fee set forth on Six Apart's then-current price list for use of the Software. The credit card that you provide as part of the registration process will be automatically and immediately billed. All currency references are in U.S. dollars. Personal Information and Privacy. We may ask you to provide certain information about yourself during the Software downloading process. All personal information that you provide to Six Apart will be governed by the Privacy Policy, which is available at http://www.sixapart.com/privacy/. By choosing to use the Software, you indicate your understanding and acceptance of the Privacy Policy. No Warranty. THE SOFTWARE IS OFFERED ON AN "AS-IS" BASIS AND NO WARRANTY, EITHER EXPRESSED OR IMPLIED, IS GIVEN. SIX APART AND ITS SUPPLIER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE THE SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE. Term and Termination. The term of this Agreement shall be for the period corresponding to the fee you pay and set forth in your copy of the Software, unless terminated earlier as provided herein. You may terminate this Agreement upon fifteen (15) days' prior written notice if Six Apart is in breach of any material obligation under this Agreement and fails to remedy such breach within such notice period. Six Apart may terminate this Agreement immediately upon notice if you violate the terms of this Agreement. Upon termination or expiration of this Agreement, all licenses granted to you will terminate, and you will immediately uninstall and cease all use of the Software. The Sections entitled "Title," "No Warranty," "Indemnification," "Limitation of Liability," and "General" will survive any termination of this Agreement. Age Restrictions. The Software is not intended for use by persons under the age of 13 and may not be used anyone under such age. Indemnification. By accepting the Agreement, you agree to indemnify and otherwise hold harmless Six Apart, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT SIX APART SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SIX APART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL SIX APART'S TOTAL CUMULATIVE DAMAGES EXCEED THE FEES YOU PAID TO SIX APART UNDER THIS AGREEMENT IN THE MOST RECENT TWELVE-MONTH PERIOD. General. The Agreement between you and Six Apart will be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles. The Agreement constitutes the entire agreement between you and Six Apart and governs your use of the Software, superceding any prior agreements between you and Six Apart. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement will remain in full force and effect. The Software is a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth therein. The parties acknowledge that the manufacture and sale of the Software is subject to the export control laws of the United States of America, including the U.S. Bureau of Export Administration regulations, as amended, and hereby agree to obey any and all such laws. You may not assign this Agreement, and any assignment of this Agreement by you will be null and void. Movable Type, the Movable Type logo, Six Apart, the Six Apart logo, and other Six Apart logos and names are trademarks of Six Apart, Ltd. You agree not to display or use these trademarks in any manner without Six Apart's prior, written permission. The section titles and numbering of this Agreement are displayed for convenience and have no legal effect.