Scriptio Commercial Software License

Scriptio is a software package that is used for web-delivered animation and presentations. It is primarily written in the computer languages of JavaScript and CSS. Ownership and copyright for all Scriptio code belongs to Matthew S. Clark ("Licenser").

By purchasing a commercial license and using Scriptio, you are agreeing to be bound by the terms of this license.

Licenser provides the computer software, documentation, and source code in this product ('Licensed Software') and licenses its use to the party ("You") who purchases and uses this product, as follows:

PRODUCTION LICENSE. You have the non-transferable right to use Licensed Software on one (1) single production web-server computer. You must purchase a license for each production web-server computer that uses Licensed Software. You have the non-transferable right to use Licensed Software on multiple developer computers, provided that the developer computers are not also used for production web applications and web sites. Licenses are non-transferable.

You may make machine readable copies of the Licensed Software as needed. You must, as a condition of Your license under this Agreement, reproduce and include all copyright and other legal notices on the copies.

You may not transfer possession of Licensed Software, whether in part or in whole, to other parties. You may modify Licensed Software, but You must include all copyright and other proprietary notices on the modified software.

EVALUATION LICENSE. If this software has been obtained with the purposeful intention of evaluation, then this license is restricted as follows: You may use this software only to the extent necessary to determine whether it is fit for Your needs. This evaluation period is limited to 30 days after your initial receipt of the software. If you decide to continue using the software beyond this period, you must purchase a commercial licenses as required under the terms of the PRODUCTION LICENSE.

SOURCE CODE. Source code for Licensed Software constitutes proprietary information of Licenser. You may use these sources to customize the software for Your particular needs, provided that the copyright and legal information remain intact.

OWNERSHIP. You agree that Licenser has and will retain all ownership rights in the Licensed Software and its documentation, copyrights, trademarks, service marks, and other proprietary rights, and that You will have no interest in the Licensed Software and its documentation except the limited license provided under this Agreement.

NO OTHER LICENSE. No rights or licenses are granted by Licenser under this License, expressly or by implication, with respect to any proprietary information or patent, copyright, trade secret, or other intellectual property right owned or controlled by Licenser, except as expressly provided in this License.

TERMINATION. This License is effective until terminated. This license may be subject to annual renewal fees to Licenser; termination is automatic if renewal fees are not submitted by You.

GOVERNMENT END USERS. If You are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees the Software and documentation were developed at private expense and are provided with "RESTRICTED RIGHTS". Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-14, DFAR 252.227-7013, its successors or applicable agency rights in technical data or computer software. In the event that this License, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Rights provisions, the minimum rights shall prevail.

DISCLAIMER OF WARRANTY ON SOFTWARE. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided "AS IS" and without warranty of any kind and Licenser expressly disclaims all warranties, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Licenser does not warrant that the features contained in the software will meet Your requirements, or that the operation of the software will be uninterrupted or error-free, or that defects in the software will be corrected. The entire risk as to the results and performance of the software is assumed by You. Furthermore, Licenser does not warrant or make any representations regarding the use or the results of the use of the Software or related documentation in terms of their correctness, accuracy, reliability, currentness, or otherwise. No oral or written information or advice given by Licenser or Licenser's authorized representative shall create a warranty or in any way increase the scope of this warranty. Should the software prove defective, You (and not Licenser or Licenser's authorized representative) assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to You.

LIMITATION OF LIABILITY. Under no circumstances including negligence, shall Licenser, or its directors, officers, employees or agents, be liable to You for any incidental, indirect special or consequential damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use, misuse or inability to use the software or related documentation, breach or default including those arising from infringement or alleged infringement of any patent trademark, copyright or other intellectual property right by Licenser, even if Licenser or Licenser's authorized representative has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to You. Licenser will not be liable for 1) loss of, or damage to, your records or data or 2) any damages claimed by you based on any third party claim. In no event shall Licenser's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software.

CONTROLLING LAW AND SEVERABILITY. This License shall be governed by and construed under the laws of the state of New York. If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.

COMPLETE AGREEMENT. This License constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Licenser.

License version dated 06/30/2009