IPBan Pro Beta License
I'm not a lawyer, but I think it's important to have legal documents in place. So I have customized a common software beta license for the IPBan Pro beta.
Digital Ruby, LLC ("Digital Ruby") LICENSES THIS SOFTWARE PRODUCT TO YOU SUBJECT TO THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT (THIS "AGREEMENT"). READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE INSTALLING, COPYING AND/OR USING THIS COMPUTER SOFTWARE AND THE ACCOMPANYING DOCUMENTATION (THE "SOFTWARE"). BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT DO NOT INSTALL, COPY OR USE THE SOFTWARE.
THE SOFTWARE AND DOCUMENTATION ARE LICENSED "AS IS", AND Digital Ruby DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT AUTHORIZED BY LAW. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS.
Grant of License
Subject to the terms and conditions of this Agreement, Digital Ruby hereby grants to you a non-exclusive, non-transferable license (without the right to sublicense) (i) to use the Software solely for purposes of testing and evaluation, and (ii) to copy Software for archival or backup purposes, provided that all titles and trademarks, copyright, and restricted rights notices are reproduced on such copies.
Licensee agrees to treat Software as confidential and will not without the express written authorization of Digital Ruby (i) demonstrate, copy, sell or market Software to any third party, (ii) publish or otherwise disclose information relating to performance or quality of the Software to any third party or (iii) modify, reuse, disassemble, decompile, reverse engineer or otherwise translate Software or any portion thereof.
Licensee agrees to notify Digital Ruby of all problems and ideas for enhancements which come to Licensee's attention during the period of this Agreement, and hereby assigns to Digital Ruby all right, title and interest to such enhancements and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights. The Licensee agrees to provide material, statistics, or information that is not deemed confidential to Licensee’s business for use in press releases, customer testimonials, and as a reference in marketing and sales initiatives by Digital Ruby. Email [email protected]
Beta-Software Product Support
Digital Ruby is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Software will be corrected.
Having said that, please email [email protected] with any questions, bug reports or feedback ideas.
Ownership and Copyright of Software
Title to the Software and all copies thereof remain with Digital Ruby. The Software is copyrighted and is protected by United States copyright laws and international treaty provisions. Licensee agrees to prevent any unauthorized copying of the Software. Except as expressly provided herein, Digital Ruby does not grant any express or implied right to you under Digital Ruby patents, copyrights, trademarks, or trade secret information.
Term of Agreement / Expiration
[2020-09-23]: Addendum to terms of agreement. The beta license and beta api key will expire midnight UTC time on December 31, 2020. This supplants any prior verbage. The paid version of this software is slated to go live in October 2020.
Your rights with respect to the Beta Software will terminate upon the earlier of (i) the initial commercial release by Digital Ruby of a generally available version of the Software or (ii) twelve months after the last date you receive the Software or any update thereto. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof. Upon any expiration or termination of this Agreement, the rights and licenses granted to you under this Agreement shall immediately terminate, and you shall immediately cease using the Software, Documentation, and all other tangible items in your possession or control that are proprietary to or contain Confidential Information.
Limitation of Liability
IN NO EVENT WILL Digital Ruby, LLC BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR DAMAGES RESULTING FROM LOSS OF USE, OR LOSS OF ANTICIPATED PROFITS RESULTING FROM ANY DEFECT IN THE PROGRAM, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITIES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY.
This license agreement shall be governed, construed and enforced in accordance with the laws of the United States of America and the State of Utah, and shall inure to the benefit of Digital Ruby, LLC or its assigns. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts.
This Agreement constitutes the complete and exclusive agreement between you and Digital Ruby with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. This Agreement may not be amended except in writing by an authorized representative of Digital Ruby.