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.
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.
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.
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.
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.
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.