Gaia Proprietary Software License Agreement

v2.0 - 3rd of July 2008


1. IMPORTANT NOTICES
1.1. THE PROGRAM IS OWNED BY GAIAWARE AND IS COPYRIGHTED AND LICENSED,
NOT SOLD. ALL RIGHTS NOT GRANTED BY THIS AGREEMENT ARE RESERVED.
1.2. BY DOWNLOADING, INSTALLING, COPYING, ACCESSING OR USING THE PROGRAM
YOU AGREE TO THE TERMS OF THIS AGREEMENT.
1.3. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PARTY, YOU
REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT
PARTY TO THESE TERMS.
1.4. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, COPY,
ACCESS OR USE THE PROGRAM, AND PROMPTLY RETURN THE PROGRAM, GRANT
CERTIFICATE AND RECEIPT TO OBTAIN A REFUND OF THE AMOUNT YOU PAID.
1.5. NOTHING IN THIS AGREEMENT AFFECTS STATUTORY RIGHTS THAT CANNOT BE
LIMITED OR WAIVED BY CONTRACT.

2. DEFINITIONS
2.1. "Gaiaware" means Gaiaware AS, a limited company incorporated under
the laws of Norway.
2.2. "Grant Certificate" means the document issued by Gaiaware that
proves Your authorization to use the Program for a specified
purpose, at a specified level and for a specified duration.
* The purpose may be specified, for example, by the software that
the Program may be used with or the region that the Program may
be distributed in.
* The level may be specified, for example, by the number of
domains, sub-domains or servers on which You may deploy the
Program.
* The Grant Certificate must specify Your name, the name of the
Program, the purpose(s) that the Program may be used for, the
usage level(s) acquired and the duration for which these rights
apply.
2.3. "Program" means the original licensed computer software, as well as
any whole or partial copies, including source code, object code,
documentation and other related materials.
2.4. "You" and "Your" refers to the individual person or single legal
entity named on the Grant Certificate.

3. LICENSE
3.1. Gaiaware grants You a revocable and non-exclusive license to: a)
use the Program as specified in the Grant Certificate; and b) make,
modify and install copies, including backup copies, to support such
use. The terms of this Agreement apply to each copy of the Program
that You make. You will preserve all copyright, ownership, legal
and other notices on the Program.
3.2. You may not use the Program to: a) create a product with the same
or substantially the same functionality as the Program; or b)
create a development library, toolkit, component or framework.
3.3. You may not use, copy, distribute, modify, sublicense, lease or
rent the Program except as allowed by this Agreement. You will
ensure that anyone who uses the Program does so only for Your
authorized use and complies with the terms of this Agreement.

4. TERMINATION
4.1. Gaiaware may immediately terminate Your license if You fail to
comply with the terms of this Agreement. If Your license is
terminated, You must destroy all copies of the Program and its
Grant Certificate.

5. DISCLAIMER OF WARRANTIES AND CONDITIONS
5.1. GAIAWARE MAKES NO WARRANTIES OR CONDITIONS FOR THE PROGRAM,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.

6. LIMITATION OF LIABILITIES
6.1. Gaiaware’s liability for any damages and losses is limited to the
amount You paid for the Program.
6.2. UNDER NO CIRCUMSTANCES IS GAIAWARE LIABLE FOR ANY OF THE FOLLOWING,
EVEN IF INFORMED OF THEIR POSSIBILITY: A) LOSS OF, OR DAMAGE TO,
DATA; B) INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC
CONSEQUENTIAL DAMAGES; C) LOST PROFITS, EVEN IF THEY ARISE AS AN
IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES; OR
D) LOSS OF BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS.
6.3. The limitation and exclusion of liability applies not only to the
activities performed by Gaiaware but also to the activities
performed by its suppliers and Program developers, and represents
the maximum amount for which Gaiaware, as well as its suppliers and
Program developers, are collectively responsible.
6.4. This Agreement will not create any right or cause of action for any
third party, nor will Gaiaware be responsible for any third party
claims against You.

7. MISCELLANEOUS
7.1. You agree to comply with all applicable export and import laws and
regulations.
7.2. If any authority imposes a duty, fee, levy or tax, excluding those
based on Gaiaware’s net income, upon the Program, then You agree to
pay the amount specified or supply exemption documentation. You
are responsible for any personal property taxes for the Program
from the date that You acquire it.
7.3. You agree to allow Gaiaware to store and use Your contact
information, including addresses, names, phone numbers, and e-mail
addresses, anywhere they do business. Your contact information may
be used by Gaiaware (or others acting on Gaiaware's behalf) to
provide You with services (such as notifying You of security
updates, new versions of the Program and so on.)
7.4. Neither You nor Gaiaware will bring a legal action under this
Agreement more than two years after the cause of action arose.
7.5. Neither You nor Gaiaware is responsible for failure to fulfill any
obligations due to causes beyond its control.
7.6. The laws of Norway govern, interpret, and enforce all of Your and
Gaiaware's rights, duties, and obligations coming from, or relating
in any way to, the subject matter of this Agreement, without regard
to conflict of law principles. The United Nations Convention on
Contracts for the International Sale of Goods does not apply to
this Agreement.
7.7. In the event that any provision of this Agreement is held to be
invalid or unenforceable, the remaining provisions of this
Agreement remain in full force and effect.