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IntegraWeb Software License Agreement

INTEGRAWEB SOFTWARE LICENSE TERMS
The following License Terms govern your use of the accompanying Software unless you have a separate written agreement with IntegraWeb. This license applies to you, the purchaser and all users of the software that are permitted under this agreement.

Definition
The term "Software" refers programs and source code as provided by IntegraWeb Software, and may also refer to Application Service Provider (ASP) Subscription services.

ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE INTEGRAWEB SOFTWARE LICENSE TERMS. USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE LICENSE TERMS. IF YOU DO NOT ACCEPT THESE LICENSE TERMS, AND YOUR LICENSE DOES NOT INCLUDE SOURCE CODE, YOU MUST CANCEL YOUR SUBSCRIPTION FOR A REFUND. IN THIS CASE, YOU MAY RECEIVE A FULL REFUND IF YOU CANCEL YOUR SUBSCRIPTION OR RETURN THE SOFTWARE AND DISCONTINUE USING IT WITHIN 30 DAYS OF PURCHASE. ANY CANCELLATIONS BEYOND THAT TIME WILL BE TAKEN FROM THE DAY WE RECEIVE NOTICE OF CANCELLATION AND ANY REFUNDS WILL BE FOR THE AMOUNT PAID IN ADVANCE OF THAT DAY LESS ANY OUTSTANDING CHARGES THAT MAY BE APPLICABLE AS DEFINED IN THIS AGREEMENT. IF YOUR LICENSE INCLUDES SOURCE CODE, NO REFUNDS WILL BE MADE UNDER ANY CONDITIONS EXCEPT AS REQUIRED BY LAW. UPON CANCELLATION YOU MUST DISCONTINUE ALL USE OF THE SOFTWARE AND ERASE ANY COPIES OF THE SOFTWARE.

Limitations
IntegraWeb endeavours to provide a service which will be of value to you and your church. If the Software is hosted on shared computer resources, you may therefore experience interruptions to the service for a variety of reasons. We do not warrant the software against failure or lack of response or speed of response or the service you use the software for against failure due to problems associated with hosting servers, the internet or any problem associated with a large number of users attempt to access computer or network resources. Therefore we cannot guarantee that all the services will be available for use at all times.

With respect to the RealAudio and RealVideo services as advertised on our web site, we do not guarantee the availability RealAudio or RealVideo streams at any given time unless you purchase a service with dedicated Real Server streams. There are a limited number of users that may access RealAudio and/or RealVideo content at any given time on each shared access computer server. Therefore, access to your content at any given time, whether made available by WebSermons or any other means, is not guaranteed. In addition, you agree that loss of availability and/or loss of data uploaded to WebSermons may occur and indemnify IntegraWeb against such loss.

License Grant
IntegraWeb grants you a license to use one copy of the Software. Additional copies of the software may be licensed. "Use" means storing, loading, installing, executing or displaying the Software. You may not modify the Software or disable any licensing or control features of the Software.

WebSermons is licensed to users in the following categories and the conditions described below.

Church License
This license is restricted exclusively to single churches. You may only purchase WebSermons under this category if you fall into this category and will be using WebSermons for its intended purpose. You may not purchase the software if you wish to view the technology used to create this software. You may only purchase this software for genuine use, that is, presentation of christian material using WebSermons. You may not sublet, license, lend, give, permit to use, permit to view the working of, or sell any part of the software to any other user whatsoever. If you purchase WebSermons under this license, you are only permitted to display content presented within your physical church. In particular, the software purchased under this license is not to be used for collections of sermons or other content by multiple authors outside your church, except in the case of actual visiting speakers or pastors to a physical church. In the latter case, the only content that is permitted to be made available is that presented in the church by the visitor. Presentation of content by multiple authors or speakers within the licensed church is permitted. Multiple churches within one denomination or umbrella organization must purchase one church license per church wishing to use this software. Each license permits the software to be used by one church on one web site. This license is only to be used for free delivery of content. At all times, our logos, references and links, e.g. to WebSermons and IntegraWeb Software must be maintained. You may not modify the software, except as permitted under the terms of the software license. WebSermons is protected by copyright and you must not divulge any part of it to anyone else. You agree by purchasing WebSermons, that if you purchase a software license at a lower level or price than that required, the difference in price between the amount paid and the true license fee required under intention of these license conditions will become due immediately the license violation occurs. You furthermore agree to notify us and send payment forthwith as soon as this occurs. We intend the meaning of these conditions to be very clear. If you do not understand the conditions or have any questions, please contact us.

College License
This license is to be purchased by colleges or approved ministry organizations wishing to use WebSermons. The functionality of WebSermons is the same as for the church license. This license may be used to display the works of authors employed by one college, seminary or approved ministry organization on one web site.

Enterprise License
This license is to be used by any individual, group, company, business, church or ministry organization that wishes to use WebSermons for collections of sermons or other content that has been produced by multiple authors or for content that is to be sold. This means that if you wish to use the software for making available sermons produced by a number of different pastors from different physical churches or you wish to use the software to sell content, you should purchase this license, not the Church license. You may not purchase the software if you wish to view the technology used to create this software. You may only purchase this software for genuine use, that is, presentation of christian material using WebSermons. You may not sublet, license, lend, give, permit to use, permit to view the working of, or sell any part of the software to any other user whatsoever. Software purchased under this license can be used for collections of sermons or other content by multiple authors and may be sold. At all times, our logos, references and links, e.g. to WebSermons and IntegraWeb Software must be maintained. You may not modify the software, except as permitted under the terms of the software license. WebSermons is protected by copyright and you must not divulge any part of it to anyone else. You agree by purchasing WebSermons, that if you purchase a software license at a lower level or price than that required, the difference in price between the amount paid and the true license fee required under intention of these license conditions will become due immediately the license violation occurs. You furthermore agree to notify us and send payment forthwith as soon as this occurs. We intend the meaning of these conditions to be very clear. If you do not understand the conditions or have any questions, please contact us.

Ownership
The Software is owned and copyrighted by IntegraWeb or its third party suppliers. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software. IntegraWeb's third party suppliers may protect their rights in the event of any violation of these License Terms.

Copies and Adaptations
You may only make copies or adaptations of the Software for archival purposes or when copying or adaptation is an essential step in the authorized Use of the Software. You must reproduce all copyright notices in the original Software on all copies or adaptations. You may not copy the Software onto any bulletin board, web site or similar system for download or send copies of the software to anyone else.

No Disassembly or Decryption
If the software is supplied in compiled form, you may not disassemble or decompile the Software unless IntegraWeb's prior written consent is obtained. In some jurisdictions, IntegraWeb's consent may not be required for disassembly or decompilation. Upon request, you will provide IntegraWeb with reasonably detailed information regarding any disassembly or decompilation. You may not decrypt the Software unless decryption is a necessary part of the operation of the Software.

Intellectual Property and Source Code
If the software is supplied in source code form, you are subject to a confidentiality agreement. You are not permitted to view the source code, except as required to install the software. You may not disclose any part of the source code either directly or indirectly by permitting anyone to view the source code or access it outside your organization or by verbally describing the source code in any manner. In addition, anyone else having authorized access to the source code under the terms of this agreement is also bound under the same terms and conditions. You will take all reasonable steps to ensure that our intellectual property and source code is protected from use, viewing or access by anyone who is not permitted to use it, and/or who could make use of it in such a way as to be in competition or cause possible damage to IntegraWeb Software.

Undermining System Resources
If your use of the Software is conditional upon not undermining system resources. Your account may be terminated immediately if there is any attempt to hack or undermine our Software or servers.

Transfer
Your license to use this software is nontransferable.

Termination
IntegraWeb may terminate your license upon notice for failure to comply with any of these License Terms or for any other reason at our sole discretion. Upon termination, you must immediately destroy the Software, together with all copies, adaptations and merged portions in any form.

Excess Data Traffic
Your use of WebSermons is subject to the specified limits of data traffic, data storage capacity, and in the case of streaming media such as Real Media, a limited number of streams which may be shared, depending on the level purchased. Unless otherwise explicity stated in your purchase, you are responsible for all data traffic and storage required by your use of WebSermons. You are responsible for all fees associated with using the software. An estimate of your monthly traffic and disk usage is given in the Software Admin Panel. These values should only be used as a guide only, and actual data transfers and disk amounts will be determined separately by IntegraWeb if we are providing hosting server space for use of the software. If you exceed the specified limits on your level of service, you will be charged for additional traffic costs. IntegraWeb will endeavour to contact you before this occurs, however we cannot guarantee that we will be able to contact you before this occurs. You are responsible for all excess traffic and the fees incurred due to this occurrence, regardless of how it is experienced or for what reason, and regardless of whether or not you received indication of it. If you require high traffic volumes, you may sign up for a higher level of traffic associated with your site to avoid excess traffic fees. Please email us for current pricing on higher traffic sites and excess traffic fees.

General Policies
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law is prohibited. This includes, but is not limited to: copyrighted material, material IntegraWeb judges to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold IntegraWeb harmless from any claims resulting from the use of the service which damages the subscriber or any other party. Note: content of this nature is not allowed: selling or promoting bulk email services or software, adult material or links to such sites, for example, those containing pornography, nudity and sex-related merchandising are expressly prohibited. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Spamming associated with the use of WebSermons, or which points back to WebSermons is expressly prohibited. WebSermons is intended to be used to disseminate Christian material. The use of WebSermons to disseminate material which we deem to be against Christian principles is prohibited.

Copyright and Authorized Publication
WebSermons may only be used to display or disseminate content that can be legally displayed by the purchaser. If you do not own the copyright to the content then you are not permitted to display or disseminate the material except where written authority exists confirming this permission. In all circumstances, the purchaser of the software is soley responsible for all copyright issues, including potential infringement, libel, or other matters arising from the use of the software.

Export Requirements
You may not export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations.

U.S. Government Restricted Rights
The Software and documentation have been developed entirely at private expense and are provided as "Commercial Computer Software" or "restricted computer software". They are delivered and licensed as "commercial computer software" as defined in DFARS 252.227-7013 (Oct 1988), DFARS 252.211-7015 (May 1991) or DFARS 252.227-7014 (Jun 1995), as a "commercial item" as defined in FAR 2.101 (a), or as "Restricted computer software" as defined in FAR 52.227-19 (Jun 1987) (or any equivalent agency regulation or contract clause), whichever is applicable. You have only those rights provided for such Software and Documentation by the applicable FAR or DFARS clause or the IntegraWeb standard software agreement for the product.

IntegraWeb WARRANTY DISCLAIMER STATEMENT
IntegraWeb does not warrant that the operation of IntegraWeb products will be uninterrupted or error free. IntegraWeb will not be responsible for any damages your church or business may suffer. IntegraWeb makes no warranties of any kind, expressed or implied for services we provide. IntegraWeb disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by IntegraWeb and its employees. IntegraWeb reserves the right to change or update policies without notice.

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED.

IntegraWeb is not liable for any conduct associated with the use of WebSermons, or for any content uploaded using this program. The user must assume the entire risk of using the program.

ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR PRO-RATA REFUND OF PURCHASE PRICE.

Failure to install or use the program is not a valid reason for requesting a refund of the purchase price, nor is failure to ensure that the program meets the user's requirements. The license holder is responsible for maintaining an intact copy of the downloaded application files.

The user is responsible for maintaining their own copies of all materials uploaded to their WebSermons server site. Under no circumstances will Integraweb be responsible for data loss or lack of availability of the content from the computer servers including information entered via the WebSermons Administration panel.

THE REMEDIES IN THIS WARRANTY STATEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL IntegraWeb BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), OR OTHER DAMAGE, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. Some states or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Copyright � 1997-2005 by IntegraWeb Software. All Rights Reserved. Programs, program functionality, GUI design, text, graphics, icons and all code are protected by US and International Copyright Laws and may not be duplicated in style, operation, copied, reprinted, published, translated, or otherwise distributed or replicated by any means without the express permission of IntegraWeb Software. All prices in $US.



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