Movable Type 5.2 for online beta version (the" Beta Verson") is a service to provide functions of Movable Type 5.2 ("Software") on a cloud server environment prepared by Six Apart Ltd ("Six Apart")., a Japanese corporation. The Beta Version is currently in its BETA version and undergoing BETA testing. You understand and agree that the Beta Verson may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Beta Version at this stage signifies your understanding of and agreement to participate in the Version's BETA testing. By showing your consent to this terms and conditions on a registration page for the Beta Version, you agreed to be bound by this Agreement.
Each of the following words for this agreement has following meanings;
For the purposes of this Agreement, "User" means an individual who has a unique login name generated or recognized by an instance of the Software that possesses the permission to do anything more than commenting on one or more blogs. Notwithstanding the foregoing, an individual whose relationship with You has been terminated and who is no longer authorized by You to make use of the Software no longer counts nor be deemed as a User effective upon the date of his/her termination. Use of a login name by more than one person is prohibited.
For the purpose of this Agreement, "Commentator" means a person who is authorized by You to make a commenting on one or more blogs created by the Software. Any Commentator is not deemed as a User, under this Agreement.
For the purpose of this Agreement, "Server" means a a computer or computers for publishing web pages and for data base, which are prepared by Six Apart to install the Software.
- This Agreement is effective on the effective date("the Effective Date") of this Agreement when is designated by You to show your agreement to this terms and conditions in the registration page for the Beta Version. The Effective Term of this Agreement a period from Effective to the earlier of the day after 4 weeks from the Effective Date or the day of end of use of the Beta Version.
- Six Apart reserves the right to time to discontinue the Beta Version without notice at any time for any reason including, but not limited to launching of or discontinuing a development of a commercial version of the Software. You agree not to claim to Six Apart with respect to discontinuance of supplying the Beta Version.
- You agree that you do not have any right to a commercial version of the Software, if the commercial version of the Software is launched.
- You understand and agree that the Beta Version is a beta version and your use of the Beta Version and the Software signifies your understanding of and agreement to participate in the BETA testing. You agree and to provide information about bugs and errors of the Beta Version to Six Apart at no charge and not to claim any right, including, but not limited to, any right under patent law and copyright law, with respect to correction or modification of the Beta Version or Software which Six Apart may make using information provided from you.
- During the Effective Term, Six Apart will provide you functions of the Software and environment for use of the Software, by installing the Software on the Server prepared by Six Apart. The installation of the Software on the Server shall be made by Six Apart.
- Purposes of The Beta Version are that you may use the Software as installed and that Six Apart provides service of management and monitoring of the Server, on which the Software is installed, on behalf of You. Six Apart will provide services of installation of the Software and its upgrades or updates on the Server environment, providing server functions, and management and monitoring of the Server. You agree that you will be responsible for any other thing than the above, including not limited to designing screens of and configuration of the Software after installation, at your own cost.
- SixApart will provide you information, such as URL and a password, to be used for access to functions of the Beta Version. You are responsible for maintaining the confidentiality of such information, and you may access to the Beta Version using such information.
- Your use of the Software under this agreement is not limited about number of Users and Commentators.
- You may use the Software only on the Server prepared by SixApart and you may not make copy and other use of the Software on any other environment.
- You may use the Beta Version and the Software for its own use (if you are a corporation or organization, the use of them is limited for and within such corporation or organization by persons belonging to it) and for a community's use by participants of such community, if you operate the community. Your rights are non-exclusive and non-transferable.
- You may not make available functions of all or part of the Beta Version and the Software, unless otherwise is expressly stated in this Agreement. Six Apart reserves the right to determine, in its sole discretion, whether the your use of the Software complies with the authorized user under this Agreement. Six Apart owns all right, title and interest in and to the Software. Also, Six Apart reserves all rights to the Software that are not expressly granted in this Agreement.
- During the Effective Term, you will be provided the services of server management and monitoring from SixApart at no cost.
- SixApart will not take measure on the server environment for the Software against falsification of web pages and against web-infected viruses. Your are responsible for taking measuring against falsification of web pages and against web-infected viruses at your cost.
- You agree that SixApart may change a server environment for the Beta Version in its sole direction in any time.
- SixApart inform you about change of a server environment for the Beta Version, and will be responsible for installation of the Software and transferring data relating to such change at SixApart's cost. You agree that you may not use the Beta Version during such installation and transferring.
- SixApart will not provide a service to connect your devices to be used for the Beta Version with World Wide Web. In order to use the Beta Version, you agree that you must obtain access, through other communication company's service of dial-up or dedicated line service to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access.
- SixApart is not responsible for your damage arising out of causes that you may not use the Beta Version relating to malfunction of facilities or equipments of SixApart or its supplier of Server environment.
SixApart may back-up data that may reside on the Server of the Beta Version against situation of system malfunction, but is not responsible for providing to restore your data individually. You are responsible for maintaining and backing-up your data that may reside on the Beta Server for the loss or damage of data, at your cost.
You agree that SixApart will not provide any technical support service with respect to the Beta Service and the Software.
- Your use of the Beta Version is not required to pay compensation.
- In consideration of the above, you agree that your will not make any claim against SixApart about damage which may be raised from use or non-use of the Beta Version and from this Agreement.
- You agree that SixApart has a right to use data about you for making aggregation or statistics (including providing and distributing it).However, SixApart shall not use data about you for purpose or procedure which is not adapted with laws and regulations.
- SixApart may provide or disclose information about you if SixApart is required to do so by a judgment or order issued by a court or other government official which is enforceable.
You agree to use the Beta Version in a way to comply with any law in a jurisdiction which you use it. Also, you shall use the Beta Version subject to regulations regarding protection of privacy and intellectual property. You are responsible for making your users to comply with terms and conditions of this Agreement, and you agreed that any breach by your users would be deemed as your breach.
- You may not under any circumstances:
- Create and/or distribute derivative works based on the Software (however, the creation and/or distribution of plugins and other extensions to the Software making use of application programming interfaces published by Six Apart is permitted);
- Reproduce the Software except as described in this Agreement;
- Reverse engineer, decompile, disassemble or otherwise attempt to reconstruct or discover any source code or algorithms of the Software;
- Sell, lease, assign, license, sublicense, disclose, distribute or otherwise transfer or make available the Software, in whole or in part or any copies thereof, in any form to any third parties;
- Host the Software for third party use or otherwise make the Software's functionality available to third parties as an application service provider or service bureau;
- Remove or alter any proprietary notices on the Software;
- Allow use of the Software by third parties not included in the definition or count of Users or Commentator;
- Conduct any illegal act or violate public order and moral, or make third party to do those acts, using the Beta Version;
- Use the Beta Version for any offers, displays or introduction of any obscene matter or business; or
- Use the Beta Version or making available the Beta Version to the third parties in order to excite a curiosity relating to obscene matter or similar matter in any way including texts, video images, voice or sound.
- You agree to resolve at your cost and responsibility any dispute, arising out of your use of the Beta service, including but not limited to, a claim of defamation, a breach of privacy or a claim relating to use some domain name.
- You shall be subject to rules established by users of Internet, such as a prohibition of sending "spam" mails".
- If you are aware that any person uses the Beta Version for illegal acts or immoral acts, including but not limited to, operation of a "fishing site", you shall inform SixApart it immediately.
- The Software includes third-party software (" the Library") which is subject to GNU LESSER GENERAL PUBLIC LICENSE version 2.1 ("LGPL"). Description of the Library and a copy of LGPL are contained into the Software. You have rights to copy, modify and distribute the Library in the Beta Software under terms of LGPL. Also you may modify the Software for your own use and reverse engineer for such modification within extent of terms of LGPL. There is no warranty for the Library as set forth in LGPL. In the event of a conflict between the terms in other paragraph of this Agreement and this paragraph, this paragraph shall control with regard to a matter stated in this paragraph.
Six Apart warrants that the Software does not contain any instructions intentionally designed to modify, damage, destroy, record or transmit information within a computer, computer system or computer network without the intent or permission of the owner of the information. This warranty does not apply to any "open source" code included in or incorporated into the Software. During the term of this Agreement, if any portion of the Software (other than "open source" code) is found to be in violation of this warranty, Six Apart will, at its sole expense, make reasonable commercial efforts to modify or replace the Software so that it complies with this warranty, without any material loss of the Software's functionality, and You will permit Six Apart a commercially reasonable amount of time to effect such modification or replacement prior to pursuing any other remedy for breach of this warranty.
- The Software is provided "as-is" and SixApart makes no representation or warranty for the Software, whether express or implied. SixApart makes no representation or warranty of any kind, whether express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose.
- You assume all risk associated with the quality, performance, installation and use of the Software, including, but not limited to, loss of data or software programs, or unavailable or interruption of operations. You are solely responsible for determining the appropriateness of use of the Software and assume all risks associated with its use.
- If one of following matter is occurred, SixApart may suspend or discontinue the Beta Version, at any time, in its sole direction. Six Apart shall not be liable to you or to any third party for such suspension or discontinuance of the Beta Version.
- Increase of traffics or data storage, determined by SixApart, which affects a material impact on a system of the Beta Version or which interferes other users'use.
- Use of the Beta Version, which is determined by SixApart to be similar to the above and which affects a material impact on a system of the Beta Version.
- SixApart will make reasonable efforts to maintain the Version, However, Six Apart is not responsible for any damage, loss of data, custom information or vendor data, revenue, or other harm to business arising out of delays, misdelivery or nondelivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the Beta Version. You are responsible for maintaining and backing-up your data and information that may reside on the Beta Version. SixApart does not warrant that (i) The Beta Version Will meet your specific requirements, (ii) The Beta Version will be uninterrupted, timely, secure or error-free, (iii) The results that may be obtained from the use of the Beta Version will be accurate or reliable.
- SixApart may terminate this Agreement without a notice, if you violate any of terms and conditions of this Agreement.
- If you cancel this Agreement, this Agreement will be terminated as of the day when you cancel.
- On and After termination of this Agreement, your access to the Beta Version will be terminated and all data and contents contained in the Server will be automatically deleted.
- Provisions regarding limitation of liability, Indemnification, Extent of Warranty and General in this Agreement survive termination of this Agreement.
You expressly understand and agree that SixApart Six Apart, its officers, directors, employees, agents, subsidiaries, affiliates and other partners will not be liable for any direct, indirect, incidental, special, consequential or exemplar damage entered into through or from the Beta Version.
- You expressly understand and agree that SixApart will not be liable fro any direct, indirect, incidental special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SixApart has been advised of the possibility of such damages).
- You understand that access to the Beta Version might be suspended by malfunction of the Server or other equipment, or maintenance of those equipment, communication disturbance or delay, errors of software (including the Software) in the Server or other equipment
- You understand that data, program or other electromagnetic record in the Server of the Beta Version might be lost, damaged or altered due to computer viruses or .lack of security.
- SixApart is not liable for restoring data, programs and other electromagnetic data ("Data") nor for compensation of damage, if loss of Data or damage is occurred to you or third party due to one of following causes;
- Data stored in or transferred to the Server is lost, damaged or leaked due to malfunction of the Server or other equipment or any similar cause,
- you are interrupted to access to the Beta Version or access to the Beta Version are not provided timely, or
- you or third party are interrupted to transfer the Data in the Server to other place, or transfer of such Data is not made timely.
- A provision of laws which impose following warranties on SixApart will not be applied to this Agreement between you and SixApart.
- The quality of the Beta Version will meet with your expectations;
- The Beta Version will meet with your specific requirements: or
- Your use of the Beta Version will not infringe any third party's rights.
- Movable Type, Movable Type logo, SixApart and SixApart logo and each name are trademarks of SixApart. You agree not to use or display those trademarks without a written approval of SixApart in anyway.
- This Agreement will be governed by and construed in accordance with the laws of Japan. You agree to jurisdiction of Tokyo District Court for all disputes concerning in any manner the subject matter of this Agreement.