root/branches/wheeljack/LICENSE-BETA

BETA LICENSE AGREEMENT 

This Beta License Agreement is between you and Six Apart Ltd. and governs
your use of the beta (test) version of MOVABLE TYPE 3.3 software, related
software components, and documentation (all of which are referred to herein
as the "Beta Software").

BY DOWNLOADING, INSTALLING OR USING THE BETA SOFTWARE, YOU AGREE TO BE
BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, DO NOT DOWNLOAD, INSTALL OR USE THE BETA SOFTWARE.

Evaluation License.  The Beta Software is licensed to you solely for
evaluation purposes.  You may install the Beta Software on a single
website, residing on a single server for your use to evaluate the Beta
Software. This is Beta test software, and as such, WILL CONTAIN BUGS AND
MAY CAUSE DATA LOSS. You may make one (1) copy of the Beta Software in
machine readable form solely for back-up purposes, provided you reproduce
the Beta Software in its original form and with all proprietary notices on
the back-up copy.

Restrictions on Use. You may not:

    * Create derivative works based on the Beta Software;
    * Reproduce the Beta Software except as described in this Agreement;
    * Sell, assign, license, disclose, or otherwise transfer or make
      available the Beta Software or any copies of the Beta Software
      in any form to any third parties;
    * Alter, translate, decompile, or attempt to reverse engineer the
      Beta Software, subject to applicable law which permits such
      activity notwithstanding this contractual prohibition;
    * Remove or alter any proprietary notices or marks on the Beta
      Software; or
    * Use the Beta Software for production use.

Production use includes, without limitation, using the Beta Software on
commercial websites; providing, or offering to provide, any service using
the Beta Software; using the Beta Software to provide web design or other
services to commercial and non- commercial websites; receiving compensation
from others for copies or modified copies of the Beta Software; hosting, or
offering to host, the Beta Software, on any basis; receiving compensation
for any service that uses the Beta Software, including support services.
Six Apart shall have the right to determine, in its sole discretion,
whether a use is a commercial use or non-personal use.  Six Apart owns all
rights, title and interest in and to the Beta Software.  All rights not
expressly granted to you are retained by Six Apart.  Your use shall be in
accordance with applicable restrictions concerning privacy and intellectual
property rights.

Credit.  In order to help us get out the good word about the Beta Software,
you agree to display at least one "Powered by Movable Type" credit giving
graphic, or text credit on the main page of your website that is seen by
visitors to your website. This graphic may be downloaded from:
<http://www.movabletype.org/images/save-on-your-server.gif>. All copyright
and other notices and logos contained in the downloadable graphic must
remain intact.

Personal Information and Privacy.  We may ask you to provide certain
information about you during the Beta 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/>.  Also,
we'd like to get your feedback on the Beta Software so we can keep
improving it.  You agree to answer questions regarding the Beta Software
posed by us from time to time.

Technical Support. Technical support is not provided for the Beta Software.
You may find the user-to-user support forums at
http://www.movabletype.org/support/ helpful in addressing any issues.

No Warranty.  THE BETA SOFTWARE IS BEING DELIVERED TO YOU "AS IS" AND SIX
APART AND ITS SUPPLIERS MAKE NO WARRANTY AS TO ITS USE, RELIABILITY OR
PERFORMANCE.  SIX APART AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE BETA SOFTWARE.  SIX
APART 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 ASSUME ALL RISK ASSOCIATED WITH THE
QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE BETA SOFTWARE INCLUDING,
BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS
OF DATA OR BETA SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF
OPERATIONS.  YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS
OF USE THE BETA SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE.

Indemnification.  You agree to indemnify and hold Six Apart, 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 Beta Software, or the infringement
by you, of any intellectual property or other right of any person or
entity.

Limitation of Liability.  IN NO EVENT WILL SIX APART OR ITS SUPPLIERS BE
LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER, OR ANY LOSS OF REVENUE, DATA,
USE, OR PROFITS, EVEN IF A SIX APART 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.

Term and Termination.  This Agreement will automatically expire on the
first day Six Apart makes available the production version of the Beta
Software (as announced on the Six Apart web site www.sixapart.com),
unless earlier terminated as set forth below in this paragraph.  Either Six
Apart or you may terminate this Agreement at any time. This Agreement shall
terminate automatically, without notice, if you fail to comply with the
terms of this Agreement.  Upon any termination of this Agreement, you must
discontinue use of the Beta Software and uninstall and destroy all copies
of the Beta Software you have obtained or made.

Modification.  Six Apart may modify the Beta Software and this Beta
Agreement with notice to you either in email or by publishing content on
the Six Apart website, In the event Six Apart modifies the Beta Software
or the Beta Agreement, you may terminate this Beta Agreement and cease
using of the Beta Software.  Six Apart may terminate the Beta Agreement or
the Six Apart Service at any time, with or without notice.

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 San
Francisco, California.

Government End Users. The Beta Software and accompanying documentation are
provided with restricted rights.  Use, duplication, or disclosure by the
U.S. Government is subject to the restrictions as set forth in subparagraph
(c)(1)(iii) of DFARS 252.227-7013 (The Rights in Technical Data and
Computer Software) or subparagraphs(c)(1) and (2) of 48 CFR 52.227-19 (the
Commercial Computer Software - Restricted Rights), as applicable.  The
manufacturer is Six Apart, Ltd.

General.  The Beta Agreement constitutes the entire agreement between you
and Six Apart and governs your use of the Beta Software, superceding any
prior agreements between you and Six Apart.  If any provision of this Beta
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 Beta Agreement will
remain in full force and effect.  The parties acknowledge that the
manufacture and sale of the Beta 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.  You may not assign this Beta Agreement, and any assignment
of this Beta Agreement by you will be null and void.

Contact Information.  If you have any questions about this Agreement,
please contact us at legal@movabletype.org.  If you have any questions
about licensing that aren't answered on our website, please contact us at
licensing@movabletype.org.