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Beta License Agreement (last revised July 15th, 2015)
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Welcome to Forum∀! At Forum for All, Inc. ("Forum") our mission is to empower and engage people around the world to collect and develop content in the public domain, and to disseminate it effectively and globally, free of charge. We welcome you ("you") as a reader, or contributor to Forum, and we encourage you to join the community. Before you participate, however, we ask that you please read and agree to the following Beta License Agreement (the "Agreement").
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Overview
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This Agreement is between you and Forum and governs your downloading, installation, access, and use of a beta version of the Forum extension (the "Software"). If you do not agree to the terms of this Agreement, do not download, install, access or use the Software. By checking the acceptance button or by otherwise downloading, installing, accessing, or using the Software, you agree to be legally bound by the terms and conditions of this Agreement.
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1. License to the Software.
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1.1 <u>License to the Software</u>. Forum grants you, on the terms and conditions set forth herein, a nonexclusive, royalty-free, nontransferable,
nonsublicensable license to download and install the Software for the sole and exclusive purpose of evaluating the Software and providing feedback to Forum
regarding the Software.
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1.2 <u>Restrictions on Use</u>. You shall not, and shall not permit any person or entity to: (i) download, install, access, or use the Software on a
service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; (ii) alter, modify, or make derivative works of the
Software; (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from, the Software or any portion thereof; (iv)
download, install, access, or use, or allow the downloading, installation, accessing, or use of, the Software for any unfair or deceptive practices or in
contravention of any federal, state, local, foreign, or other applicable laws, or rules and regulations of regulatory or administrative organizations; (v)
act in a fraudulent, tortious malicious, or negligent manner when using the Software; or (vi) rent, sell, license, or remarket the Software or provide
access to the Software to any third party.
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2. Data Collection; License to Data. You acknowledge and agree that the Software may contain functions for collecting and tracking
information related to the functionality and performance of the Software and your use of the Software. You agree that any data or other information that
you provide to Forum in connection with the Software or this Agreement may be used by Forum to improve or enhance the Software and any other Forum product
or service. Accordingly, you hereby grant to Forum a nonexclusive, fully-paid, royalty-free, worldwide, irrevocable, perpetual, sublicensable, transferable
license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such data or information without restriction.
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3. Ownership of the Software and Feedback.
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3.1 <u>Software</u>. You acknowledge and agree that, as between you and Forum, Forum is the sole and exclusive owner of the Software, including any
materials resulting therefrom, and Forum retains all right, title and interest in the Software, including any materials resulting therefrom.
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3.2 <u>Feedback</u>. You hereby grant to Forum a nonexclusive, fully-paid, royalty-free, worldwide, irrevocable, perpetual, sublicensable, transferable
license to (i) use, copy, modify, and creative derivative works of and (ii) incorporate into the Software or any other product or service any suggestions,
ideas, enhancement requests, feedback, recommendations or other information you provide relating to the Software ("Feedback").
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4. Confidentiality.
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4.1. <u>Confidential Information</u>. "Confidential Information" means all trade secrets, know-how, inventions, techniques, processes,
algorithms, software programs, hardware, schematics, Feedback, and software source documents relating to the Software, and all information provided by
Forum, however disclosed. Confidential Information also includes the Software, any documentation supporting the Software, and if provided, any updates to
the Software. Notwithstanding the foregoing, the following shall not constitute Confidential Information of Forum: (i) information that was publicly
available or generally in your possession without an obligation of confidentiality at the time of disclosure and (ii) information that subsequently becomes
publicly available through no fault of your own.
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4.2. <u>Obligations with Respect to Confidential Information</u>. You shall not use any Confidential Information for any purpose other than as expressly
authorized under this Agreement. In no event shall you disclose any Confidential Information to any third party. Without limiting the foregoing, you shall
use at least reasonable care to prevent the disclosure of Confidential Information.
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5. Disclaimer of Warranty.
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The Software is provided on an "as is" basis. Forum makes and gives no representations or warranties whatsoever, and expressly disclaims all warranties, representations, conditions and guaranties, whether oral or written, implied or statutory, with regard to the Software, including without limitation all warranties of merchantability, fitness for a particular purpose, title, non-infringement, non-interference, and warranties arising from course of dealing or usage of trade, to the maximum extent permitted by applicable law. Forum does not warrant that (a) the Software will meet your needs; (b) the Software will be error-free or accessible at all times; or (c) the use or the results of the use of the Software will be correct, accurate, timely or otherwise reliable.
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6. Limitation of Liability.
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6.1 <u>Disclaimer</u>. Forum shall not have any liability under this Agreement or in connection with the Software for consequential, incidental or other indirect damages or for punitive, exemplary, special, or multiple damages, however caused and on any theory of liability, even if Forum has been advised of the possibility of such damages.
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6.2 <u>Limitation</u>. The aggregate liability of Forum to you for any reason related to this agreement or the Software and upon any cause of action shall not exceed $25. The limitation of liability in the foregoing sentence shall apply to all causes of action in the aggregate, including, without limitation, breach of contract, breach of warranty, strict liability, misrepresentations, negligence, and other torts.
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7. Term and Termination.
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7.1 <u>Term</u>. This Agreement shall commence on the date you first download, install, access, or use the Software and continue unless terminated pursuant to Section 7.2 hereof.
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7.2 <u>Termination</u>. Though we hope you will stay and continue to contribute, you can stop using our services any time. In certain (hopefully unlikely) circumstances it may be necessary for either Forum or the community to terminate part or all of our services, terminate this Agreement, block your account or access, or ban you as a user. Such termination shall be effective immediately upon the delivery of notice of termination and will be in addition to and not in lieu of any equitable remedies available to the parties hereto.
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7.3 <u>Effect of Termination</u>. Immediately upon expiration or termination of this Agreement, the rights and licenses granted to you under this Agreement
shall terminate, and you will cease using, and, at Forum's request, destroy the Software and any other tangible items in your possession or control that
are proprietary to Forum or that contain Confidential Information. Sections 2, 3, 4, 5, 6, 7.3, and 8 shall survive expiration or termination of this
Agreement.
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8. Miscellaneous.
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8.1 <u>Assignment</u>. You may not assign this Agreement or any rights or obligations hereunder, without the prior written consent of Forum. Subject to the
foregoing, this Agreement shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
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8.2 <u>Entire Agreement; Amendments</u>. This Agreement constitutes the entire agreement and understanding of the parties hereto with respect to the
subject matter hereof and merges and supersedes all prior discussions and writings with respect hereto. No modification, alteration or amendment of this
Agreement shall be effective unless set forth in writing and signed by the parties.
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8.3 <u>Governing Law</u>. This Agreement shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, U.S.A., without
giving effect to any choice of law provision that would apply the laws of another jurisdiction. Each party consents to, and agrees that each party is
subject to, the exclusive jurisdiction of the state and federal courts of the Commonwealth of Virginia with respect to any actions for enforcement of or
breach of this Agreement.
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8.4 <u>Severability</u>. In the event that any term or provision of this Agreement shall, for any reason, be held to be contrary to or invalid or
unenforceable under the laws, regulations or ordinances of any federal, state or local government authority to which this Agreement is subject, such term
or provision shall be deemed severed from this Agreement, and the remaining terms and provisions will be unaffected by such severance.
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8.5 <u>Headings</u>. The headings in this Agreement are inserted for convenience only and shall not constitute a part hereof or affect in any way the
meaning or interpretation of this Agreement.
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8.6 <u>Export Laws</u>. The Software is subject to U.S. export control laws and may be subject to export or import regulations in other countries. You
agree to strictly comply with all such laws and regulations and acknowledge that you are responsible for obtaining such licenses to export, re-export, or
import as may be required. You will indemnify and hold Forum harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and
expenses (including attorney's fees) arising from or relating to any breach by you of your obligations under this Section 8.6.
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Thank You!
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We appreciate your taking the time to read this Agreement, and we are very happy to have you contributing and using our services. Through your contributions, you are helping to build something really big - not only collaborative dialogue in a vibrant community of like-minded and engaged peers, but one that can provide information to millions who might otherwise lack access.
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