This document is effective as of February 11, 2002.

This is a legal agreement between the recipient of the software license, herein referred to as the "RECIPIENT", and Tectonic Concepts, Inc., herein referred to as the "AUTHOR".

"RECIPIENT" means the company, entity or individual whose product registration for CMS2005 is on record with the AUTHOR. Some companies have multiple locations. The RECIPIENT is limited to the one location defined by the address in the product registration.

CMS2005 v5 is herein referred to as "SOFTWARE".

Use of SOFTWARE indicates your acceptance of the following terms and conditions and disclaimers.

"Use" means storing, loading, installing, or executing the SOFTWARE.

Use of the SOFTWARE requires product registration including payment of applicable license fees, if any. Use without product registration including payment is in violation of U.S. and International copyright laws. Visit the web site http://www.tectonicconcepts.com to acquire licenses for the SOFTWARE.

Licensing Agreement for SOFTWARE

By using any part or whole of the SOFTWARE, the RECIPIENT indicates agreement and acceptance to the following terms and conditions and disclaimers as an express agreement between the RECIPIENT and the AUTHOR. If the RECIPIENT does not understand these terms, conditions, and disclaimers, or does not agree to and accept them, then the RECIPIENT may not use or view any part or whole of the SOFTWARE.

1. LICENSE GRANT. The AUTHOR hereby grants the RECIPIENT a limited, non-exclusive, nontransferable license to use the SOFTWARE only when these conditions are met:

The RECIPIENT has provided valid, accurate, and complete CONTACT INFORMATION representing the RECIPIENT to the AUTHOR prior to receiving the SOFTWARE.

CONTACT INFORMATION consists of a person’s name, company name (if registering to a company), street address, city, state/province (if appropriate), country, postal code, phone number and Email address.

The RECIPIENT has received a SERIAL NUMBER from the AUTHOR. A SERIAL NUMBER is a unique textual code that is assigned to the individual license. If the RECIPIENT orders multiple licenses, they will receive one SERIAL NUMBER for each license. A SERIAL NUMBER is sent as an Email to the Email address supplied within the CONTACT INFORMATION. A Trial Version License will substitute the term PASSWORD for SERIAL NUMBER in the Email supplied to the RECIPIENT.
The RECIPIENT has received a LICENSE KEY from the AUTHOR. A LICENSE KEY is a single computer file that contains specific information about the license. The LICENSE KEY is sent to the RECIPIENT through Email, using the Email address supplied by the RECIPIENT within the CONTACT INFORMATION.
Licensing fees have been paid in full to the AUTHOR either directly or through an agent or reseller selected by the AUTHOR. Amount of the payment depends on the TYPE OF LICENSE and any discounts or gratis pricing issued by the AUTHOR, agent, or reseller. A Trial Version License is free of charge.
A LICENSE KEY issued to the RECIPIENT must be properly installed on web server computers based on the TYPE OF LICENSE received from the AUTHOR. Proper installation is defined in the documentation supplied with the SOFTWARE. A LICENSE KEY may have usage limitations, as defined below.

TYPE OF LICENSE

The following are terms used in the descriptions of the TYPES OF LICENSES:

A PRODUCTION WEB SERVER is defined as a computer that makes a web site available to end users, usually on the Internet or an intranet. All web sites on that computer are operated by the RECIPIENT only.

A HOSTED WEB SERVER is defined as a computer that makes a web site available to end users, usually on the Internet or an intranet. The web sites on that computer are operated by the RECIPIENT and other users that are not covered by the CONTACT INFORMATION.

A DEVELOPMENT COMPUTER is defined as a computer used in the software development process including coding, debugging, testing, staging, and documenting without making a web site available to end users.

The following are the TYPES OF LICENSES available for the SOFTWARE. The RECEPIENT must conform to the TYPE OF LICENSE that they were issued.

Trial Version License

A Trial Version License can be used on any DEVELOPMENT COMPUTER, PRODUCTION WEB SERVER, or HOSTED WEB SERVER. It has these restrictions:

A. The license for the SOFTWARE expires thirty (30) days from the date the product is downloaded from the www.cms2005.com web site. The RECIPIENT will not use the SOFTWARE on or after the expiration date without permission of the AUTHOR. The expiration date is clearly posted in the Email containing the LICENSE KEY and in the file name of the LICENSE KEY.

B. No more than fifteen (15) unique IP Addresses can retrieve a page that contains HTML generated by the SOFTWARE. The SOFTWARE will not operate when the sixteenth or later unique IP Address requests a web page.

One (1) LICENSE KEY is issued per Trial Version License SERIAL NUMBER. It can be placed on all PRODUCTION WEB SERVERS, HOSTED WEB SERVERS and DEVELOPMENT COMPUTERS.

Web Site License

A Web Server License is required for each Domain, URL, or IP address only and is limited to the PRODUCTION WEB SERVER and/or HOSTED WEB SERVER where the URL resides. With each license a Web Site URL and Administration URL are provided. The SOFTWARE will operate in full throughout the duration of the LICENSE KEY while operated on a DEVELOPMENT COMPUTER under “localhost” or “127.0.0.1”.

The license entitles the RECIPIENT to use the software for the Web Site URL and must be run on the Administration URL.

2. OWNERSHIP. The SOFTWARE is owned and copyrighted by Tectonic Concepts, LLC. The RECIPIENT's license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.

3. COPYRIGHT. The SOFTWARE is protected by international treaty provisions. RECIPIENT acknowledges that no title to the intellectual property in the SOFTWARE is transferred to the RECIPIENT. RECIPIENT further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of AUTHOR and RECIPIENT will not acquire any rights to the SOFTWARE except as expressly set forth in this license. RECIPIENT agrees that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.

4. REVERSE ENGINEERING. RECIPIENT agrees that it will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part.

5. DISTRIBUTION. The RECIPIENT may not distribute any part of the SOFTWARE, SERIAL NUMBERS, or LICENSE KEYS without express written permission of the AUTHOR.

The RECIPIENT may NOT distribute or communicate any part of the source code, if supplied, in any fashion. This includes but is not limited to posting and printing segments of the source code in mail, Email, newsgroups and messageboards.

The RECIPIENT may NOT distribute the compiled program files resulting from the edited source code except to computers for which there are valid licenses for the SOFTWARE.

6. DISCLAIMER OF WARRANTY

NO OTHER WARRANTIES. THIS SOFTWARE IS LICENSED TO THE RECIPIENT "AS IS", AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE RECIPIENT ASSUMES ALL RISKS WHEN USING IT. AUTHOR DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. THE AUTHOR DOES NOT WARRANT THAT THIS SOFTWARE DOES NOT INFRINGE ANY RIGHTS OF THIRD PARTIES.

7. LIMITATION OF LIABILITY

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL AUTHOR OR ITS SUPPLIERS BE LIABLE TO RECIPIENT FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AUTHOR'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY RECIPIENT, IF ANY.

8. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.

9. TERMINATION. This License will terminate automatically, without notice from the AUTHOR, if the RECIPIENT fails to comply with the terms and conditions of this License Agreement. Upon termination, the RECIPIENT shall immediately discontinue use of the SOFTWARE and destroy all copies of the SOFTWARE. All payments made by RECIPIENT are non-refundable. Notwithstanding termination, the following provisions shall survive: Disclaimer of Warranty and Limitation of Liability. All other rights granted under this License will cease upon termination.

10. GOVERNING LAW. This agreement will be governed by the laws of the Commonwealth of Kentucky.

11. ENTIRE AGREEMENT This Agreement constitutes the complete and exclusive agreement between AUTHOR and RECIPIENT with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in a writing duly signed by an authorized representative of the AUTHOR and RECIPIENT.