MYLINES LLC
END
USER SOFTWARE LICENSE AGREEMENT FOR MYLINES
PLEASE READ THIS
SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING ANY
VERSION OF THE MYLINES SOFTWARE. BY USING ANY VERSION THE MYLINES SOFTWARE,
YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS
LICENSE, DO NOT INSTALL AND/OR USE THE MYLINES SOFTWARE AND, IF PRESENTED WITH
THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, CLICK “DISAGREE”.
IMPORTANT NOTE: TO
THE EXTENT THAT THIS SOFTWARE MAY BE USED TO REPRODUCE, MODIFY, PUBLISH AND DISTRIBUTE
MATERIALS, IT IS LICENSED TO YOU ONLY FOR REPRODUCTION, MODIFICATION,
PUBLICATION OR DISTRIBUTION OF NON-COPYRIGHTED MATERIALS, MATERIALS IN WHICH
YOU OWN THE COPYRIGHT, OR MATERIALS YOU ARE AUTHORIZED OR LEGALLY PERMITTED TO
REPRODUCE, MODIFY, PUBLISH OR DISTRIBUTE. FOR EXAMPLE MOST PUBLISHERS OR PLAYS REQUIRE
YOU TO OBSTAIN LICENSE FOR ANY OR ALL OF MODIFY A PLAY, PUBLISHING A PLAY,
PERFORMING A PLAY, OR REPRODUCTION (BY ANY MEANS) A PLAY. If you are uncertain
about your right to copy, modify, publish or distribute any material, you
should contact your legal advisor.
1.
General.
A. Any version of the MYLINES software and any
third party software, content, documentation, fonts and any data accompanying
this License whether on disk, in read only memory, on any other media or in any
other form (collectively the "MYLINES Software") are licensed, not sold,
to you by MyLines LLC. ("MyLines") for use only
under the terms of this License. MyLines
and/or MyLines’ licensors retain ownership of the MYLINES Software itself and
reserve all rights not expressly granted to you.
B. MyLines, at its discretion, may make available
future upgrades or updates to the MYLINES Software. MyLines may provide you any
such upgrades and updates that it may release up to, but not including, the
next major release of the MYLINES Software, for free. After the next major release of the MYLINES
Software, MyLines may also at its discretion continue to provide minor updates and enhancements
to the MYLINES Software. The terms of
this License will govern any software upgrades or updates provided by MyLines that
replace and/or supplement the original MYLINES Software product, unless such
upgrade or update is accompanied by a separate license in which case the terms
of that license will govern.
C. Title and intellectual property rights in and
to any content displayed by or accessed through the MYLINES Software belongs
to the respective content owner such as a playwright, publisher, play owner,
etc. Such content may be protected by
copyright or other intellectual property laws and treaties, and may be subject
to terms of use of the third party providing such content. Except as otherwise
provided in this License, this License does not grant you any rights to use
such content nor does it guarantee that such content will continue to be
available to you.
2. Permitted
License Uses and Restrictions.
A. License.
Subject to the terms and conditions of this License, including but not
limited to the requirements and limitations in Section 2B, you have the right
to use the MYLINES Software and are granted a limited, non-transferable,
non-exclusive license:
(i) to use and run for personal, non-commercial use, one (1)
copy of the MYLINES Software directly that you own or control; and
(ii) if
you are a commercial enterprise or educational institution, to use and run one
(1) copy
of the MYLINES Software for use either: (a) by a single individual on a computer
that you own or control, or (b) by multiple individuals on a single shared computer
that you own or control. For example, a
single employee may use the MYLINES Software on both the employee’s desktop
and laptop computer, or multiple students may serially use the MYLINES
Software on a single computer located at a resource center or library.
B. MYLINES ID.
Use of the MYLINES Director’s Cut requires a unique user name and
password combination, known as a MYLINES ID.
A MYLINES ID and a registered version of MYLINES Software is also
required to access updates to the MYLINES Software and certain features and Services
(as defined in Section 5). You agree that 3DW may transmit, collect,
maintain, process and use identifiers, including the MYLINES ID information
you provide, as unique account identifiers for the purpose of providing you
access to the MYLINES Software at www.mylinesonline.com.
C. Other Use Restrictions. Unless otherwise permitted by the terms of
this License: (i) only one user may use the MYLINES
Software at a time, and (ii) you may not make the MYLINES Software available
over a network where it could be run or used by multiple computers at the same
time. You may not rent, lease, lend,
sell, redistribute or sublicense the MYLINES Software.
D. No Reverse Engineering. You may not and you agree not to, or to
enable others to, copy (except as expressly permitted by this License or by the
Usage Rules if they are applicable to you), decompile, reverse engineer,
disassemble, attempt to derive the source code of, decrypt, modify, or create
derivative works of the MYLINES Software or any services provided by the MY
LINES Software, or any part thereof (except as and only to the extent any
foregoing restriction is prohibited by applicable law or to the extent as may
be permitted by the licensing terms governing use of Open-Sourced Components
included with the MYLINES Software). Any
attempt to do so is a violation of the rights of MyLines and its licensors of the MY
LINES Software. If you breach this restriction,
you may be subject to prosecution and damages.
E. Compliance with Laws. You agree to use the MYLINES Software and
the Services (as defined in Section 5 below) in compliance with all applicable
laws, including local laws of the country or region in which you reside or in
which you download or use the MYLINES Software and Services.
F. Third Party Software. MyLines may provide access to certain third party
software or services as a convenience. To
the extent that the MYLINES Software contains or provides access to any third
party software or services, MyLines has no express or implied obligation to provide
any technical or other support for such software or services. Please contact the appropriate software
vendor, manufacturer or service provider directly for technical support and
customer service related to its software, service and/or products.
G. Digital Materials. Except as may be provided herein, you may not
use, extract or distribute, commercially or otherwise, on a standalone basis,
any words or lines out of a play, photographs, images, graphics, artwork,
audio, video or similar assets (“Digital Materials”) contained within, or
provided as a part of, the MYLINES Software, or otherwise use the Digital Materials
outside the context of its intended use as part of the MYLINES Software.
H. MYLINES Features and Support.
You may use the MYLINES Software
and third party literature ("Play Content"), contained in or
otherwise included with the MYLINES Software, on a royalty-free basis, to
create your own original plays for your theatre projects. You may broadcast and/or distribute your own plays
that were created using the Play Content.
Third party literature is provided for convenience, and you acknowledge
and agree that MyLines does not guarantee their accuracy.
3.
Transfer.
A. MYLINES Software is not transferable.
B. Any copy of the MYLINES Software that may be
provided by MyLines for promotional, evaluation, diagnostic or restorative purposes
may only be used for such purposes and may not be resold or transferred.
4.
Consent to Use of Data.
A. Diagnostic and Usage Data. You agree that MyLines and its subsidiaries and
agents may collect, maintain, process and use diagnostic, technical, usage and
related information, including but not limited to information about your
computer, system and application software, and peripherals, that is gathered
periodically to facilitate the provision of software updates, product support
and other services to you (if any) related to the MYLINES Software, and to
verify compliance with the terms of this License. MyLines may use this information, as long as it
is in a form that does not personally identify you, to provide and improve MyLines’s
products and services. To enable MyLines’s
partners and third party developers to improve their software, hardware and services
designed for use with MyLines products, MyLines may also provide any such partner or
third party developer with a subset of diagnostic information that is relevant
to that partner’s or developer’s software, hardware and/or services, as long as
the diagnostic information is in a form that does not personally identify you.
B. Privacy Policy. At all times your information will be treated
in accordance with MyLines’s Privacy Policy, which is incorporated by reference
into this License and can be viewed at:
www.mylinesonline.com/privacy
.
5.
Services and Third Party Materials.
A. General.
The MYLINES Software may enable access to MyLines's website and third party
services and web sites (collectively and individually, "Services"). Use of these Services requires Internet
access and use of certain Services may require a MYLINES ID, may require you
to accept additional terms and may be subject to additional fees.
B. You understand that by using any of the
Services, you may encounter content that may be deemed offensive, indecent, or
objectionable, which content may or may not be identified as having explicit
language. Nevertheless, you agree to use the Services at your sole risk and
that MyLines shall have no liability to you for content that may be found to be
offensive, indecent, or objectionable.
C. Certain Services may display, include or make
available content, data, information, applications or materials from third
parties (“Third Party Materials”) or provide links to certain third party web
sites. By using the Services, you
acknowledge and agree that MyLines is not responsible for examining or evaluating
the content, accuracy, completeness, timeliness, validity, copyright
compliance, legality, decency, quality or any other aspect of such Third Party
Materials or web sites. MyLines, its
officers, affiliates and subsidiaries do not warrant or endorse and do not
assume and will not have any liability or responsibility to you or any other person
for any third-party Services, Third Party Materials or web sites, or for any
other materials, products, or services of third parties. Third Party Materials and links to other web
sites are provided solely as a convenience to you.
D. You agree that the Services contain
proprietary content, information and material that is owned by MyLines, the site
owner and/or their licensors, and is protected by applicable intellectual
property and other laws, including but not limited to copyright, and that you
will not use such proprietary content, information or materials in any way whatsoever
except for permitted use of the Services or in any manner that is inconsistent
with the terms of this License or that infringes any intellectual property
rights of a third party or MyLines. No
portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan,
sell, distribute, or create derivative works based on the Services, in any
manner, and you shall not exploit the Services in any unauthorized way
whatsoever, including but not limited to, using the Services to transmit any
computer viruses, worms, trojan horses or other malware,
or by trespass or burdening network capacity.
You further agree not to use the Services in any manner to harass,
abuse, stalk, threaten, defame or otherwise infringe or violate the rights of
any other party, and that MyLines is not in any way responsible for any such use by
you, nor for any harassing, threatening, defamatory, offensive, infringing or
illegal messages or transmissions that you may receive as a result of using any
of the Services.
E. In addition, Services and Third Party
Materials that may be accessed, linked to or displayed through the MYLINES
Software are not available in all languages or in all countries. MyLines makes no representation that such Services
and Materials are appropriate or available for use in any particular location. To the extent you choose to access such
Services or Materials, you do so at your own initiative and are responsible for
compliance with any applicable laws, including but not limited to applicable
local laws. MyLines and its licensors reserve
the right to change, suspend, remove, or disable access to any Services at any
time without notice. In no event will MyLines be liable for the removal of or
disabling of access to any such Services. MyLines may also impose limits on the use of or
access to certain Services, in any case and without notice or liability.
6.
Termination.
This License is effective until
terminated. Your rights under this
License will terminate automatically or otherwise cease to be effective without
notice from MyLines if you fail to comply with any term(s) of this License. Upon the termination of this License, you
shall cease all use of the MYLINES Software and destroy all copies, full or
partial, of the MYLINES Software. Sections
4, 5, 6, 7, 8, 11 and 12 of this License shall survive any such termination.
7. Disclaimer of Warranties.
A. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO
THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE MYLINES SOFTWARE AND ANY
SERVICES PERFORMED BY OR ACCESSED THROUGH THE MYLINES SOFTWARE IS AT YOUR SOLE
RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY
AND EFFORT IS WITH YOU.
B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE MYLINES SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND “AS
AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MyLines AND MyLines'S
LICENSORS (COLLECTIVELY REFERRED TO AS "MyLines" FOR THE PURPOSES OF
SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO
THE MYLINES SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY,
OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET
ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
C. MyLines DOES NOT WARRANT AGAINST INTERFERENCE
WITH YOUR ENJOYMENT OF THE MYLINES SOFTWARE AND SERVICES, THAT THE FUNCTIONS
CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE MYLINES SOFTWARE WILL
MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MYLINES SOFTWARE OR SERVICES
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE
AVAILABLE, THAT THE MYLINES SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK
WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT
DEFECTS IN THE MYLINES SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE
USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.
D. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY MyLines OR A MyLines AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE MYLINES SOFTWARE OR SERVICES PROVE
DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS
ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND
LIMITATIONS MAY NOT APPLY TO YOU.
8.
Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE
LAW, IN NO EVENT SHALL MyLines BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL,
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR INFORMATION, BUSINESS
INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR
RELATED TO YOUR USE OR INABILITY TO USE THE MYLINES SOFTWARE AND SERVICES OR
ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE MYLINES
SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT
OR OTHERWISE) AND EVEN IF MyLines HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall MyLines's total liability to
you for all damages (other than as may be required by applicable law in cases
involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if
the above stated remedy fails of its essential purpose.
9.
Export Control.
You may not use or otherwise
export or re-export the MYLINES Software except as authorized by United States
law and the laws of the jurisdiction in which the MYLINES Software was
obtained. In particular, but without
limitation, the MYLINES Software may not be exported or re-exported (a) into
any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Department of Commerce
Denied Person’s List or Entity List. By
using the MYLINES Software, you represent and warrant that you are not located
in any such country or on any such list.
You also agree that you will not use the MYLINES Software for any
purposes prohibited by United States law, including, without limitation, the
development, design, manufacture or production of missiles, nuclear, chemical
or biological weapons.
10.
Government End Users.
The MYLINES Software and related
documentation are "Commercial Items", as that term is defined at 48
C.F.R. §2.101, consisting of "Commercial Computer Software" and
"Commercial Computer Software Documentation", as such terms are used
in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R.
§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software
and Commercial Computer Software Documentation are being licensed to U.S. Government
end users (a) only as Commercial Items and (b) with only those rights as are granted
to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the
copyright laws of the United States.
11.
Controlling Law and Severability.
This License will be governed by and
construed in accordance with the laws of the State of Florida, excluding its
conflict of law principles. This License
shall not be governed by the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United
Kingdom, this License will be governed by the laws of the jurisdiction of your
residence. If for any reason a court of
competent jurisdiction finds any provision, or portion thereof, to be unenforceable,
the remainder of this License shall continue in full force and effect.
12.
Complete Agreement; Governing Language.
This License constitutes the
entire agreement between you and MyLines relating to the use of the MYLINES
Software and supersedes all prior or contemporaneous understandings regarding
such subject matter. No amendment to or
modification of this License will be binding unless in writing and signed by MyLines. Any translation of this License is done for
local requirements and in the event of a dispute between the English and any
non-English versions, the English version of this License shall govern, to the
extent not prohibited by local law in your jurisdiction.
13. Third Party Acknowledgements.
Portions of the MYLINES Software
utilize or include third party software and other copyrighted material. Acknowledgements,
licensing terms and disclaimers for such material are contained in the
"online" electronic documentation for the MYLINES Software, and your
use of such material is governed by their respective terms.