LICENSE

SHORT VERSION:

You can use the included code to build subscription-based web
applications, for yourself and your clients, within the limits of
the license you purchase. You cannot redistribute the included
code solely as a starting point for creating subscription-based
web applications.  That's how I'm putting food on the table -- 
please don't ruin it for me. :)

LONG VERSION:

By purchasing, installing, or otherwise using the enclosed
product, you agree to be bound by the terms and conditions of this
License Agreement.

IMPORTANT – READ CAREFULLY: This license agreement (“LICENSE”) is
a legal agreement between you (either an individual or a single
entity, also referred to as "LICENSEE", "YOU") and Tesly, LLC,
("Tesly"), for the software containing this LICENSE which may also
include the software’s source code written in a high-level
computer language, associated media, printed materials, and
"online" or electronic documentation (collectively referred to as
“SOFTWARE”).

Any earlier license we may have granted to you for the use of
earlier versions of the SOFTWARE is replaced by this LICENSE.

SOFTWARE PRODUCT LICENSE

The SOFTWARE is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws
and treaties and contains confidential information and trade
secrets. Tesly retains all rights not expressly granted to you in
this LICENSE.

I. GRANT OF LICENSE

Tesly hereby grants to you, and you accept, a non-exclusive,
non-transferable license to install, copy, use and modify the
SOFTWARE only as authorized below.

The SOFTWARE is licensed per web application. This means that each
web application using or based on the SOFTWARE is counted against
the maximum number of web applications supported by the license. A
web application can be accessed via multiple domain names and run
on multiple servers.

All product licenses are perpetual and royalty-free.

1. SINGLE SITE LICENSE

You are granted a license to use the SOFTWARE as the basis of one
web application. You may not redistribute the SOFTWARE in any
form.

2. MULTIPLE SITE LICENSE

You are granted a license to use the SOFTWARE as the basis of
multiple web applications, so long as all those applications are
owned and operated by LICENSEE, or are owned and operated by
clients of LICENSEE.

REDISTRIBUTION RIGHTS

You may distribute the SOFTWARE provided that:

You reasonably ensure that the SOFTWARE is not distributed in any
form that allows it to be reused by any application other than
your solution. You need to duly inform your customers that they
are not allowed to use the SOFTWARE independently from your
solution, and that to redistribute the SOFTWARE in any form they
must obtain an appropriate license from Tesly.

You may not redistribute the SOFTWARE to anyone and via any means
other than to your customers as a part of a purchased, integrated
solution, that includes functionality above and beyond that
provided solely by the SOFTWARE.

SOURCE CODE

Tesly DOES NOT provide technical support for modified source code.
The SOFTWARE’s source code is provided as is. In the event you
develop any troubleshooting-related modifications of the SOFTWARE,
either independently or jointly with Tesly, such modifications and
all rights associated therewith will be the exclusive property of
Tesly. You are granted the right to use such modifications as set
forth in this agreement. You acknowledge that the SOFTWARE’s
source code contains valuable and proprietary trade secrets of
Tesly. All individuals employed by or belonging to your entity
agree to expend every effort to insure its confidentiality. You
agree to assume full responsibility for such employees’ or
contractors’ use, or misuse, of such disclosed source code as if
it was your use. These obligations shall not apply to any
information generally available to the public, independently
developed or obtained without reliance on Tesly information, or
approved in writing for release by Tesly without restriction.

II. OTHER RIGHTS AND LIMITATIONS

At no time may the SOFTWARE be used for development purposes by
other individuals than the licensed developer(s). The SOFTWARE may
not be distributed for use with solutions or PACKAGED PRODUCTS
other than those developed by you. The SOFTWARE may not be
distributed as part of products that have the same or
substantially the same primary functionality. You are not allowed
to resell, transfer, rent, lease, or sublicense the SOFTWARE and
your associated rights. Under no circumstances shall you grant
further redistribution rights to the end-users of your solution.
You may not use the Tesly product names, logos or trademarks to
market YOUR SOFTWARE. You are not allowed to use, copy, modify, or
merge copies of the SOFTWARE and any accompanying documents except
as permitted in this LICENSE. You agree to indemnify, hold
harmless, and defend Tesly and its resellers from and against any
and all claims or lawsuits including attorney's fees that arise or
result from the use or distribution of YOUR SOFTWARE

III. DELIVERY

Tesly shall deliver to LICENSEE a master copy of the SOFTWARE
licensed hereunder in electronic files only. Documentation shall
also be provided in electronic format.

IV. UPGRADES

You are eligible for free minor upgrades (e.g. v.1.5 to v.1.8),
patches, and bug-fixes for the SOFTWARE, including source code.
SOFTWARE labeled as an upgrade replaces and/or supplements (and
may disable) the product that formed the basis for your
eligibility for the upgrade. You may use the resulting upgraded
product only in accordance with the terms of this LICENSE.

You are entitled to receive all version updates for the SOFTWARE
period of 1 (one) year.

V. TERMINATION

This LICENSE shall last as long as you use the SOFTWARE in
compliance with this LICENSE. Tesly may terminate this LICENSE if
you fail to comply with any of the terms and conditions herein. In
such event you agree to remove and destroy all copies of the
SOFTWARE and any applicable source code.

Tesly reserves the right to discontinue at any time any product,
shall it be offered individually or as a part of a product SUITE.
However, Tesly is obligated to provide the proper level of support
for all discontinued products for a period of 1 (one) year after
the date of discontinuance.

VI. COPYRIGHT

All title and copyrights in and to the SOFTWARE, the accompanying
printed materials, and any copies of the SOFTWARE, and any
trademarks or service marks of Tesly are owned by Tesly. All title
and intellectual property rights in and to the content that may be
accessed through use of the SOFTWARE is the property of the
respective content owner and may be protected by applicable
copyright or other intellectual property laws and treaties. This
LICENSE grants you no rights to use such content.

VII. LIMITED WARRANTY

Tesly warrants solely that the SOFTWARE will perform substantially
in accordance with the accompanying written materials for a period
of ninety (90) days. Tesly does not warrant the use of the
SOFTWARE will be uninterrupted or error free at all times and in
all circumstances, nor that program errors will be corrected. This
limited warranty shall not apply to any error or failure resulting
from (i) machine error, (ii) LICENSEE's failure to follow
operating instructions, (iii) negligence or accident, or (iv)
modifications to the SOFTWARE by any person or entity other than
Tesly. In the event of a breach of warranty, LICENSEE's sole and
exclusive remedy, is repair of all or any portion of the SOFTWARE.
If such remedy fails of its essential purpose, LICENSEE's sole
remedy and Tesly's maximum liability shall be a refund of the paid
purchase price for the defective SOFTWARE only. This limited
warranty is only valid if Tesly receives written notice of breach
of warranty within thirty days after the warranty period expires.

VIII. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
WILL Tesly BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO
USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR
ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF
THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE
THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS
BASED. IN ANY CASE, Tesly'S ENTIRE LIABILITY UNDER ANY PROVISION
OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE
LICENSE FEES LICENSEE PAID TO Tesly FOR THE PRODUCT GIVING RISE TO
SUCH DAMAGES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. Tesly IS NOT
RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY
LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT
AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. ANY DATA INCLUDED
IN A PRODUCT UPON SHIPMENT FROM Tesly IS FOR TESTING USE ONLY AND
Tesly HEREBY DISCLAIMS ANY AND ALL LIABILITY ARISING THEREFROM.
THE EXTENT OF Tesly'S LIABILITY FOR THE LIMITED WARRANTY SECTION
SHALL BE AS SET FORTH THEREIN.

IX. MISCELLANEOUS

This License will be governed by the law of the State of
Washington, U.S.A. If any provision of this LICENSE is to be held
unenforceable, such holding will not affect the validity of the
other provisions hereof. Failure of a party to enforce any
provision of this LICENSE shall not constitute or be construed as
a waiver of such provision or of the right to enforce such
provision. This License represents the entire understanding
between the parties with respect to its subject matter.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU
UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE
INSTALLATION OF THE SOFTWARE PRODUCT, BY LOADING OR RUNNING THE
SOFTWARE PRODUCT, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR
COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S
TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN
SEPARATE AGREEMENTS BETWEEN Tesly AND YOU, THIS AGREEMENT IS A
COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF
THE PARTIES.