BLACKLIGHT LICENSE AGREEMENT BLACKLIGHT.no-ip.info LICENSE AGREEMENT IMPORTANT: THIS NETWORK END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU ("LICENSEE") AND THE COMPANY (AS DEFINED BELOW). READ IT CAREFULLY BEFORE USING THE NETWORK. BY USING THE BLACKLIGHT NETWORK THE INDIVIDUAL OR ENTITY IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, LICENSEE MUST DISCONNECT FROM THE BLACKLIGHT NETWORK. IN ORDER TO USE THE BLACKLIGHT NETWORK, YOU MUST FIRST READ AND ACCEPT THE TERMS OF THIS LICENSE. IF YOU ARE A MINOR YOU WILL BECOME ELIGIBLE TO USE BLACKLIGHT UPON YOUR PARENT OR GUARDIAN READING AND ACCEPTING THE TERMS OF THIS LICENSE AND CONFIRMING ACCEPTANCE OF THE TERMS OF THIS LICENSE BY DOING THE FALLOWING YOU OR ANYBODY ELSE MAY NOT USE ANY PART OF THE BLACKLIGHT NETWORK, WITHOUT EXPRESS WRITTEN PERMISSION, OF BLACKLIGHT AND THE OWNER OF THE EQUIPMENT CURRENTLY HOSTING BLACKLIGHT, AND A SIGNED COPY OF THIS END USER LICENSE AGREEMENT IF YOU DON'T ACCEPT THE TERMS OF THIS LICENSE YOU WILL NOT BE ABLE TO USE THE BLACKLIGHT NETWORK IN ANY WAY. BLACKLIGHT TAKES NO RESPONSIBILITY FOR DATA LOSS, OR ANY OTHER PROBLEMS THE NETWORK and or SOFTWARE MAY CAUSE. USE OF BLACKLIGHT NETWORK AND SOFTWARE IS AT YOUR SOLE RISK. BLACKLIGHT NETWORK AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERCEPTION DISCLAIMS ALL WARRANTIES RELATING TO THIS NETWORK, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT. BLACKLIGHT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE NETWORK WILL BE UNINTERRUPTED OR ERROR- FREE. NEITHER PERCEPTION NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS NETWORK SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH NETWORK, EVEN IF BLACKLIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL BLACKLIGHT 'S LIABILITY FOR ANY DAMAGES EVER EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE NETWORK, REGARDLESS OF THE FORM OF THE CLAIM. THE PERSON USING THE NETWORK BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE NETWORK. 1.1 This Network has been created for educational purposes only. It should not be used or logged. 1.2 By using the Network you agree to take ALL responsibilities. That includes copyright infringement or trademark violations. 1.3 Blacklight is not able to control any of the content that is made available on the Blacklight network. We do urge you to not download or share or use content that violates copyrights or is illegal in any way. 1.4 Usage of this Network is at your own risk. You agree not to use the Network to: 2.1 Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2.2 Harm minors in any way; 2.3 Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 2.4 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users; 2.5 Transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); 2.6 Transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 2.7 Transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 2.8 Intentionally or unintentionally violate any applicable local, state, national or international law, including securities exchange and any regulations requirements, procedures or policies in force from time to time relating to the Software; 2.9 Monitor traffic or make search requests in order to accumulate information about individual users; 2.10 "Stalk" or otherwise harass another; 2.11 Collect or store personal data about other users. 2.12 In any way to incriminate the owner of blacklight or the owner of the equipment currently hosting blacklight. RESTRICTIONS. 3.1 Licensee may not: (i) copy or reproduce the Network (including logging); (ii) modify or create any derivative works of the Product or documentation, including translation or localization; (iii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source for the Product (except to the extent applicable laws specifically prohibit such restriction); (iv) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Product; or (v) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product. PROPRIETARY RIGHTS. 4.1 Title, ownership rights, and intellectual property rights in the Blacklight shall remain in Blacklight. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with the Company's ownership of or rights with respect to the Product. The Network is protected by copyright and other intellectual property laws and by international treaties. Licensee agrees, at its expense, to defend and hold the Company and its affiliates harmless from any and all costs, damages and reasonable attorneys' fees resulting from any claim that Licensee's use of the Product has injured or otherwise violated any right of any third party or violates any law. DISCLAIMER OF WARRANTY. 5.1 THE Network IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE Network IS BORNE BY LICENSEE. SHOULD THE Network PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT Blacklight OR ITS AFFILIATES ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE Network IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. LIMITATION OF LIABILITY. 6.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Blacklight OR ITS AFFILIATES 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, THE COMPANY'S AND/OR ITS AFFILIATES ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES (IF ANY) LICENSEE PAID FOR THIS LICENSE, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF THE COMPANY TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. EXPORT CONTROL. 7.1 Licensee agrees to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export the Product or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, each party shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own export of the Product from the U.S. MISCELLANEOUS. 8.1 This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. 8.2 This Agreement may be amended only by a writing signed by both parties. 8.3 Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the Commonwealth of Massachusetts, U.S.A., excluding its conflict of law provisions. 8.4 If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. 8.5 A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. 8.6 The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination. 8.7 Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein except in the case of a merger or the sale of all or substantially all of Licensee's assets to another entity. 8.8 This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. 8.9 Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. 8.10 The relationship between the Company and Licensee is that of independent contractors and neither Licensee nor its agents shall have any authority to bind the Company in any way. 8.11 NETWORK is difined as all data that is transmittable via wered, wirless, tcp, ip udp, dns, dhcp, msds, ory any other network prodicall