MOVABLE TYPE SOFTWARE STANDARD PERSONAL USE LICENSE This End User License Agreement (the "Agreement") is a binding legal agreement between you, an individual person, 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, do not download, install, or use the Software. You agree that installation or use of the Software signifies that you have read, understood, and agreed to be bound by the Agreement. 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 own Non-Commercial Purposes. 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. "Non-Commercial Purposes" means use of the Software by an individual for publishing on a personal blog site on a single sever that does not directly or indirectly support any commercial efforts. Use of the Software for any purpose by any non-individual entity, including but not limited to any commercial entity, corporation, non-profit organization, educational institution, governmental body or group, is not permitted under this Agreement. Affiliate or associate fees that are earned by a personal blog site and are payable to a single individual and that are earned through activities incidental to the main purpose of the site are permitted under the Non-Commercial Purposes of this Agreement. "Author" means one individual with a unique login name generated by the Software via the "Add/Edit Weblog Authors" function of the Software. The sharing of an individual login name for more than one person is prohibited. "Weblog" means a single Web site for publishing content created by individuals, as generated by the Software via the "Create New Weblog" function of the Software. Use of the Software for automatic computer-generated publishing is not permitted under this Agreement. Six Apart reserves the right to determine whether your use is for a Non-Commercial Purpose. Six Apart owns all rights, title and interest in and to the Software (including all intellectual property rights, and reserves all rights to the Software not expressly granted in this Agreement. A Little Credit You must maintain, on every page generated by the Software, an operable link to http://www.sixapart.com/movabletype/ , with the link text "Powered by Movable Type", as specified by Six Apart, unless otherwise stated in the terms included with your copy of the Software. Making Copies You may install the Software on only one (1) computer or server having a single CPU. You may make one (1) copy of the Software in any machine readable form solely for back-up purposes, provided you reproduce the Software in its original form and with all proprietary notices on the back-up copy. Getting Help You may find the user forum and the online documentation helpful in answering questions regarding the use of the Software. You may also be eligible for technical support services as enumerated in your copy of the Software. Restrictions You understand and agree that you shall 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; * Use the Software for any non-personal or commercial purposes; 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 service End User License Agreement. Personal Information and Privacy We may ask you to provide certain information about you during the Software downloading process. All personal information that you provide to us 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, Termination, and Modification You may use the Software under this Agreement until either party terminates this Agreement as set forth in this paragraph. Either party may terminate the Agreement at any time, upon written notice to the other party. Upon termination, 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. Six Apart may modify the Software and this Agreement with notice to you either in email or by publishing content on the Six Apart Website, including but not limited to charging fees for the Software, changing the functionality or appearance of the Software, and such modification will become binding on you unless you terminate 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 or any other matter relating to 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 100.00 USD. 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 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. 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. 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.