FIRERIFT

License Agreement

By downloading or installing this product and/or its related materials, you are accepting the following License Agreement.

Firerift Software License Agreement

IMPORTANT - READ CAREFULLY: This license agreement ("LICENSE") is a legal agreement between you (either an individual or a single entity, also referred to as "LICENSEE", "YOU") and Valio, Inc., for the product "Firerift" which includes computer software, associated media, printed materials, and "online" or electronic documentation, though excludes all extensions and plug-ins produced by Valio, Inc., or any third party (collectively referred to as "SOFTWARE").
By installing, copying, downloading, accessing, or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, do not buy, install or use the SOFTWARE.
Any earlier LICENSE we may have granted to you for the use of earlier versions of the SOFTWARE is replaced by this LICENSE.


DEFINITIONS

• User - an individual user who has access to the administrative (content management) capabilities of the SOFTWARE through a unique username and password.
• Community Forums - Forums where users can exchange information and tips with other members.
• Member - A registered user of the Firerift Community Forums.
• Extensions - Applications that work in conjunction with SOFTWARE to add functionality.
• Firerift Core - Firerift SOFTWARE, excluding any extensions, plug-ins or other third-party applications. If the Firerift core has been modified, support may no longer be available.
• Support Incident - A support incident is defined as a single support issue with the Firerift core and the reasonable effort required for resolving it. A single support incident is a support problem, which cannot be broken down into secondary issues. A single support incident may involve several e-mails and offline work in order to be resolved. The Customer needs to provide Valio, Inc. with detailed information about the problem encountered. Even though Valio, Inc. Support Engineers will make reasonable efforts to resolve the issue, Valio, Inc. does not guarantee that all problems will be resolved. All bug reports and product feature suggestions are not considered support incidents.
• Production Server - a computer used for the final deployment of the SOFTWARE.


SOFTWARE PRODUCT LICENSE

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties and contains confidential information and trade secrets. The SOFTWARE is licensed to you, not sold.
Valio, Inc. retains ownership of the copy of the SOFTWARE in your possession, and all copies you may be licensed to make. Valio, Inc. also retains all rights not expressly granted to you in this LICENSE.


1. GRANT OF LICENSE

Valio, Inc. hereby grants to you, and you accept, a LICENSE to install, copy, and use the SOFTWARE only as authorized herein.

Firerift License:
• The Firerift LICENSE allows you to use the SOFTWARE for 1 (one) top level domain name (or server name). There is no limitation to the number of subdomains (i.e. by registering for mysite.com, you will be able to use it for all subdomains - www.mysite.com, http://support.mysite.com, http://mysite.com, etc.).
• There is no limitation to the number of CMS User accounts.
• Included Support: This LICENSE entitles you to support through the Community Forums ONLY. You can submit inquiries via the Community Forums where other members of the community MAY be able to provide answers. In addition, Firerift staff may also respond to support incidents, although there is no guarantee. The Community Forums is available to all Firerift.com Members. Even though we actively monitor and answer posts, the Community Forum's main purpose is to offer convenient peer-to-peer assistance and there is no guarantee that your support incident will be answered.


2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

SOFTWARE MODIFICATION
You may alter, modify, or extend the Software for your own use, or commission a third-party to perform modifications for you, but you may not resell, redistribute or transfer the modified or derivative version without prior written consent from Valio, Inc. Components from the Software may not be extracted and used in other programs without prior written consent from Valio, Inc.

Apart from these limited rights to modify the software for your own use,
(a) You are not allowed to use the SOFTWARE as a whole, or any of its comprising elements, as a basis for creation of another software product.
(b) You are not allowed to use individually the software components comprising the SOFTWARE, but only as an integral part of the SOFTWARE.
(c) You are not allowed to disassemble, decompile or "unlock", decode or otherwise reverse translate or engineer, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of the SOFTWARE. Nor shall you make public any method to do so.
(d) You are not allowed to use, copy, modify, or merge copies of the SOFTWARE or any accompanying documents except as permitted in this LICENSE.
(e) You may not use the Firerift product names, logos or trademarks to market your SERVICES or IMPLEMENTATIONS related to the SOFTWARE without the express prior consent of Valio, Inc.
(f) You agree to indemnify, hold harmless, and defend Valio, Inc. and its resellers from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of your software product.
(g) You may not use the Software as the basis of a hosted blogging, blog publishing, or website publishing service, or use the software as the basis of a hosted Content Management System (CMS).

(h) You may not reproduce, distribute, or transfer the Software, or portions thereof, to any third party, unless otherwise agreed upon in writing and in accordance with this license.
(i) You may not sell, rent, lease, assign, or sublet the Software or portions thereof, unless otherwise agreed upon in writing and in accordance with this license.
(j) You may not grant rights to any other person.
(k) You may not use the Software in violation of any U.S. or international law or regulation.


3. DELIVERY

Valio, Inc. shall deliver to LICENSEE a master copy of the SOFTWARE licensed hereunder in ZIP format, through electronic transfer. Documentation shall also be provided in electronic format.


4. UPGRADES

The Firerift LICENSE entitles the LICENSEE, within the particular release purchased, to receive all version updates, patches, and bug-fixes released for that particular release (ie. updates, patches, and bug-fixes for versions 1.1, 1.2, 1.3, etc. are free, but release 2.0, 2.1, 2.2 will require purchase of a new license). SOFTWARE labeled as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this LICENSE.


5. TERMINATION

This LICENSE shall last as long as you use the SOFTWARE in compliance with this LICENSE. Valio, Inc. may terminate this LICENSE if you fail to comply with any of the terms and conditions herein. In such event, you agree to cease using and destroy all copies of the SOFTWARE, which you have been licensed to use and distribute.


6. COPYRIGHTS & TRADEMARKS

All title and copyrights in and to the SOFTWARE, the accompanying materials, and any copies of the SOFTWARE, and any trademarks or service marks of Firerift are owned by Valio, Inc. All title and intellectual property rights in and to the content that may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. All error corrections, bug fixes, patches, updates or other modifications shall be the sole property of Valio, Inc.


7. DISPLAY OF COPYRIGHT NOTICES AND TRADEMARKS

All copyright and proprietary notices in the SOFTWARE files must remain intact.


8. ACKNOWLEDGEMENTS

Firerift is derived, in part, by CodeIgniter.


9. DISCLAIMER OF WARRANTY

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, VALIO, INC., INC. DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICE WILL ALWAYS BE AVAILABLE.


10. LIMITATION OF LIABILITY

VALIO, INC. DISCLAIMS ANY REPRESENTATION THAT ITS PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT, THE USER ASSUMES ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SOFTWARE AND DOCUMENTATION INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT, THE USER IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE OF THE SOFTWARE AND ASSUMES ALL RISKS ASSOCIATED WITH ITS USE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VALIO, INC. BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, VALIO, INC.'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE LICENSE FEES LICENSEE PAID TO VALIO, INC. FOR THE PRODUCT GIVING RISE TO SUCH DAMAGES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. VALIO, INC. IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF EXTENSIONS, PLUG-INS, OR CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. ANY DATA INCLUDED IN A PRODUCT UPON SHIPMENT FROM FIRERIFT IS FOR TESTING USE ONLY AND VALIO, INC. HEREBY DISCLAIMS ANY AND ALL LIABILITY ARISING THEREFROM. THE EXTENT OF VALIO, INC.'S LIABILITY FOR THE LIMITED WARRANTY SECTION SHALL BE AS SET FORTH THEREIN.


11. REFUNDS

Due to the non-returnable nature of downloadable software, Valio, Inc. does not issue refunds once a transaction has been completed. The SOFTWARE is available for free testing at http://www.firerift.com prior to purchasing.


12. MISCELLANEOUS

This LICENSE will be governed by the laws of the State of California, U.S.A. If any provision of this LICENSE is to be held unenforceable, such holding will not affect the validity of the other provisions hereof. Failure of a party to enforce any provision of this LICENSE shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. This LICENSE represents the entire understanding between the parties with respect to its subject matter.


YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE DOWNLOAD OR INSTALLATION OF THE SOFTWARE PRODUCT, BY LOADING OR RUNNING THE SOFTWARE PRODUCT, BY USING THE SOFTWARE IN ANY WAY, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN VALIO, INC. AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.