Global Site & Cloud License Agreement
The enclosed software (the "Software") is owned by Page Scholar Inc. and is protected by copyright law. Upon acceptance of the terms of this License Agreement, your rights and obligations with respect to use of the Software are as follows. These rights are in supplement of US copyright law and the requirements of local laws and treaties. Under this license, you may:
- Run the JSpell Server Software on multiple servers or in a cloud environemnt, within the purchasing organization for use solely on a single top level domain, for example, www1.domain.com and www2.domain.com are permissible, however, domain.com and anotherdomain.com are not permissible uses and require another license of the software.
- Have an unlimited number of clients connected to that server process.
- Use the Software on any number of web pages within your domain, provided that you do not execute the Software on more than one server, and that the server does not serve multiple virtual or non-virtual domains.
- Specify one individual for technical support per Global Site license. The individual specified may be changed up to two times per year. If additional technical support contacts are needed, for example, to support other departments then that department should purchase their own copy of the software, however, they may attach to the Global Site License right to run the software on multiple machines throughout the organization.
- Make backups of the Software in a manner consistent with industry practice.
You may not:
- Redistribute the source code in any form without the prior written and signed consent of Page Scholar Inc.
- Redistribute the server portion of the Software in any manner, either inside or outside the purchasing organization without having the express written agreement from Page Scholar Inc. and without having obtained a JSpell Server redistribution license.
- Execute the server portion of the Software on more than one machine, virtual machine or container.
- De-compile, disassemble, or reverse-engineer the Software
- Create derivative works based on the source code for distribution as software components.
- Use, copy, distribute or transfer the Software except as provided for in this License Agreement.
- Embed the Software in any type of reusable software component, or web page design service or process.
- Transfer ownership of the Software, License Agreement or Documentation to another party.
Licensee acknowledges and agrees to these terms and any breach of these terms by Licensee shall be considered a material breach of this Agreement resulting in irreparable harm to Page Scholar Inc. for purposes of obtaining a temporary or permanent injunction against Licensee, in addition to which Page Scholar Inc. may seek all related damages.
The source code for the Software (all files with a file name suffix of .css, .js‚ .html‚ .java, .jsp‚ .asp, .php is the confidential information of Page Scholar Inc. A source code Licensee shall not disclose or distribute such source code in whole or in part under any circumstances without the express written agreement of Page Scholar Inc. Licensee acknowledges and agrees that any disclosure of source code by Licensee shall be considered a material breach of this Agreement resulting in irreparable harm to Page Scholar Inc. for purposes of obtaining a temporary or permanent injunction against Licensee, in addition to which Page Scholar Inc. may seek all related damages.
Limited Warranty and Warranty Disclaimer. Page Scholar Inc. warrants that the media on which the Software is furnished will be free from defects for three (3) months from your receipt of the product. Your sole remedy in the event of breach of the foregoing warranty is replacement of the media. PAGE SCHOLAR INC. DISCLAIMS ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY LOCAL ANALOGUES THERETO. You may have other rights to the extent required of licensors under local law.
Limitation of Liability. Unless otherwise required by applicable law, PAGE SCHOLAR INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR SIMILAR DAMAGES (IRRESPECTIVE OF WHETHER PAGE SCHOLAR INC. HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES) AND PAGE SCHOLAR INC.'s TOTAL LIABILITY HEREUNDER (INCLUDING BUT NOT LIMITED TO ANY POSSIBLE LIABILITY FOR INDEMNITY, DEFENSE OR HOLD HARMLESS OBLIGATIONS) SHALL NOT EXCEED THE TOTAL AMOUNT PAID FOR THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF BREACH OF CONTRACT OR ACTIVE OR PASSIVE NEGLIGENCE AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD PAGE SCHOLAR INC. HARMLESS FROM AND AGAINST ANY THIRD-PARTY CLAIM IN EXCESS OF THIS LIMITATION. General. This Agreement shall be governed by the laws of the State of Michigan, without regard to conflict of laws principles. This Agreement may only be modified by a written document signed by the party or parties to be bound. Except as may be specified in such a written agreement, this is the entire agreement between you and Page Scholar Inc. and all other terms are rejected. You agree not to use, ship, or export the Software in violation of law. US Government Restricted Rights. If provided to the US Government, the Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the US Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights clause at 48 CFR 52.227-19, as applicable and as modified herein.