JBuddy-CF(TM) Software License Agreement THIS AGREEMENT IS A LEGAL DOCUMENT. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING SOFTWARE. IT PROVIDES A LICENSE TO USE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. THIS AGREEMENT IS THE DEFAULT AGREEMENT FOR SOFTWARE UNLESS ANOTHER LICENSE AGREEMENT FOR SOFTWARE EXISTS BETWEEN YOU AND ZION. BY INSTALLING AND USING SOFTWARE, YOU ARE CONFIRMING ACCEPTANCE OF SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, YOU MAY NOT INSTALL OR USE SOFTWARE. 1. Definitions "Zion" means Zion Software, LLC. "Software" means the programs, documentation, demos, and other items supplied by Zion herewith, and any and all updates thereto, collectively "JBuddy-CF". "Key" means the Software license key or license file delivered to you from Zion or an authorized Software Reseller or authorized Software Distributor in order to enable Software to Operate and perform according to specifications defined in SCHEDULE A. "Operating" means Software is loaded into computer memory and available for execution by the CPU of the computer. 2. License Software is licensed, not sold. Subject to the terms and limitations of this Agreement, Zion hereby grants you a nonexclusive, nontransferable license, without rights to sublicense, to (a) install and Operate Software on computers you own or are responsible for, so long as the total number of Operating instances of the installed Software does not exceed the number of Keys and the limitations and restrictions of the Keys purchased or granted, (b) make one copy of Software in machine-readable form solely for backup purposes, ensuring all copyright notices and any other proprietary legends on the original copy of Software are contained the backup copy, (c) develop applications which can excercise the API and functionality of Software. This License does not grant special rights, priviledges or permission to access or use the IM services and networks, nor does the license fee you may have paid for this License grant such rights. 3. License Restrictions You understand that the 'no-cost' version of Software is performance-limited by design. Software and Key Limitations may include throttling the number of messages sent and received or limiting the number of IM clients that can be concurrently online, or limiting the number of concurrent chat conversations active at any given time. You understand that Zion may offer for a fee 'enhanced' Keys and Software which lift certain limitations in the 'no-cost' version of Software. You may not (a) sell, rent, lease, license, sublicense, distribute, or otherwise transfer in whole or in part Software or the Key to another party; (b) modify Software or create derivative works based upon Software; (c) export Software into any country prohibited by the United States Export Administration Act and the regulations thereunder; (d) remove, modify, or alter Software and Key Limitations and restrictions in Software and Keys in any way in order to bypass or lift the limitations of Software, authorize, encourage, promote, or engage others in such activity. Except to the extent expressly permitted by applicable law, and to the extent that Zion is not permitted by that applicable law to exclude or limit the following rights, you may not decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from Software, in whole or in part, or reduce Software to a human-perceivable form. You may not disclose the results of any benchmark test of Software to any third party without Zion's prior written approval. 4. Upgrades If this copy of Software or Key is an upgrade from an earlier version of Software or Key, it is provided to you on a license exchange basis. You agree by your installation and use of this copy of Software or Key to terminate your earlier license and discontinue use of the earlier version of Software or Key and agree not to transfer it to another. You understand and agree that as part of a check-for-updates feature, the Software may transmit certain information pertaining to the Software to Zion Software electronically and automatically. For example, the Software may transmit the Software product name, version, build number, OS name, OS version, and Java version, country and language that the Software is being run on to Zion Software. Any information received by Zion Software from this transmission will be used by Zion Software for the purposes of determining if a newer version of the Software is available and notifying you of the update. 5. Proprietary Rights Reserved by Zion Zion retains all right, title, and interest in and to Software, the Key, and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights. 6. Limited Warranties If you have purchased an 'enhanced' Key for Software, Zion warrants that for a period of ninety (90) days, Software will perform substantially in accordance with the specifications in Schedule A. ZION DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (90) DAYS FROM THE DATE OF DELIVERY. No oral or written information or advice given by Zion, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty. (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE. 7. Exclusive Remedy If you have purchased an 'enhanched' Key for Software, your exclusive remedy under Section 6 is to return Software to the place from which you acquired it, with a copy of your receipt and a description of the problem. Zion will use reasonable commercial efforts to, at its option, supply you with a replacement copy of Software that substantially conforms to the documentation, or refund to you your purchase price for Software if any. Zion shall have no responsibility if Software or Key has been altered in any way, or if the failure arises out of use of Software with unauthorized Keys or with other than a recommended hardware configuration. 8. Limitations of Damages ZION SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ZION OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. ZION'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT RECEIVED BY ZION FROM YOUR PURCHASE OF A KEY FOR SOFTWARE THAT CAUSED SUCH DAMAGE. (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT PROVIDED BY APPLICABLE LAW, THE FOREGOING LIMITATIONS OF DAMAGES DO NOT APPLY TO DAMAGES FOR PERSONAL INJURY TO YOU IF ANY. 9. Termination Your rights under this Agreement will terminate immediately without notice from Zion if you materially breach it or take any action in derogation of Zion's and/or its licensors' rights to Software. Zion may terminate this Agreement should any of Software become, or in Zion's reasonable opinion likely to become, the subject of a claim of intellectual property infringement or trade secret misappropriation. Upon termination, you will cease use of, and destroy, Software and confirm compliance in writing to Zion. Sections 1, 3, 5-14 shall servive termination of the Agreement. 10. Basis of Bargain The 'no-cost', performance-limited, limited warranty, exclusive remedies, and limited liability set forth above are fundamental elements of the basis of the agreement between Zion and you. 11. (USA only) Government End Users RESTRICTED RIGHTS LEGEND This software is "Restricted Computer Software." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: Zion Software, LLC, 2842 Main Street, Suite 325, Glastonbury, CT 06033. 12. (Outside of the USA only) Consumer End Users The limitations or exclusions of warranties and liability contained in this agreement do not affect or prejudice the statutory rights of a consumer; i.e., a person acquiring goods otherwise than in the course of a business. 13. Severability If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. 14. General This Agreement shall be governed by the internal laws of the State of Connecticut, USA. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to Zion Software, LLC, 2842 Main Street, Suite 325, Glastonbury, CT 06033, USA, Attention: General Counsel. SCHEDULE A SOFTWARE SPECIFICATIONS FOR THE SOFTWARE Given a valid Key, valid screenname and password and network access priviledges including firewall or router configuration, and when sufficient software is combined with Software according to the programmer's documentation, Software will connect to the following instant messaging services: + AOL Instant Messenger Service + ICQ + MSN Messenger Service + Yahoo Messenger + Google Talk and other XMPP IETF-certified servers + Lotus Sametime 3.1 - 8+ + Microsoft LCS 2005 + Microsoft OCS 2007 R2 + JBuddy Mesage Server Software will perform substantially according to the ColdFusion Instant Messaging Event Gateway API and minimally perform the following functions while connected to the above instant messaging services: + Send and receive text Instant Messages to/from other IM users as permitted by the other IM users. + Send and receive presence updates (online, offline, away) of users in the contact list as permitted by the other IM users. SCHEDULE B SOFTWARE SUPPORT If you have received this Software at 'no-cost', you may register for access to the JBuddy Community Forums at http://www.zionsoftware.com/forums/ and post support questions to the JBuddy community. If you have purchased a Key for this Software, you may be eligible for additional support including online chat (instant help), email, or phone as specified under the Support Terms of your purchase agreement.