Version 2.2 Released
06.26.2002
Movable Type 2.2 is now available for download.
Amongst the small fixes and improvements documented in the changelog, there are two very large new features with this release.
The other big change is this website. We've reorganized the content, improved the FAQ, and modified the terms of the commercial license. Please let us know if you find problems on the new site.
And, as always, please export your blogs before upgrading. Believe me, the time spent doing this will surely be less than any time spent trying to fix problems with your data (if something does go wrong, that is).
Posted by Mena at 06:05 PM | Permalink
COMMERCIAL LICENSE AGREEMENT FOR SOFTWARE DOWNLOADED FROM MOVABLETYPE.ORG
Revised 06/19/2002
THIS IS A CONTRACT between you (either an individual or a single entity) and the owner of the software ("Licensor") which is made available for download on this website which covers your use of the software and related software components, which may include printed materials and "online" or electronic documentation. All such software and materials are referred to herein as the "Software."
BY CHECKING THE "I ACCEPT" BOX OR BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE , THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("YOU") ARE CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE CHECK BOX INDICATING "I DO NOT ACCEPT" MUST BE SELECTED, AND YOU MUST NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
1. Conditions of Use. Licensor grants you the non-exclusive, non-transferable right to use the Software to manage and update your website. You may not redistribute the Software without Licensor's prior written consent. Although you may modify or create derivative copies of the Software for you own use, you may not distribute modified or derivative copies of the Software. By purchasing a commercial license, you may use the Software on a commercial website. This gives you license to (a) use one (1) installation of the Software for commercial purposes and (b) charge for support services associated with one (1) installation of the Software. You may not rent, lease, lend, or in any way distribute or transfer any rights in this Agreement or the Software to third parties without Licensor's written approval. All rights not expressly granted to you are retained by Licensor. You may make copies of Software as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software.
2. No Warranty. The Software is being delivered to you "AS IS" and Licensor and its suppliers make no warranty as to its use or performance. LICENSOR AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU AND NOT LICENSOR OR ITS SUPPLIERS ASSUME THE ENTIRE COST OF ANY SERVICE OR REPAIR.
3. Limitation of Liability. IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, DATA, USE, OR PROFITS, EVEN IF A LICENSOR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT OR OTHER LEGAL OR EQUITABLE THEORY. Some States do not allow the exclusion or limitation of incidental or consequential damages, or the exclusion of implied warranties or limitations on how long an implied warranty lasts,so the above limitations or exclusions may not apply to you.
4. Indemnification. You agree to indemnify and hold Licensor, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Software, or the infringement by you, of any intellectual property or other right of any person or entity.
5. Termination. Either Licensor or you may terminate this Agreement at any time. Without limiting the foregoing, Licensor shall have the right to immediately terminate this agreement at any time in the event of any breach by you of this Agreement. In such event, you must destroy all copies of the Software that you have received from Licensor or made pursuant to this Agreement.
6. CHANGES TO TERMS. LICENSOR RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY POSTING CHANGES ONLINE. IF THIS AGREEMENT IS REVISED, THE CHANGES WILL BE POSTED THROUGH THE "LICENSE AGREEMENT" LINK ON THE DOWNLOAD PAGE ON LICENSOR'S WEB SITE. A MORE RECENT DATE AT THE TOP OF THE POSTED AGREEMENT THAN THE DATE AT THE TOP OF THIS AGREEMENT WILL LET YOU KNOW THAT A CHANGED AGREEMENT HAS BEEN POSTED. YOUR NON-TERMINATION OR CONTINUED USE OF THE SOFTWARE AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.
7. Governing Law. This Agreement will be governed by the laws of the United States and the State of California, excluding the application of its conflicts of law rules. You consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Los Angeles, California.
8. General. This Agreement constitutes the entire understanding of the parties and revokes and supersedes all prior agreements, oral or written, between them and may not be modified or amended except in a writing signed by both parties hereto which specifically refers to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict herewith. If any one or more provisions contained in this Agreement are held by any court or tribunal to be invalid, illegal, or otherwise unenforceable, each and every other provision shall remain in full force and effect.
9. Contact Information. If you have any questions about this Agreement, or if you want to contact Licensor for any reason, please direct all correspondence to legal@movabletype.org through email.
Copyright 2002