Libra 0.9.2

EULA - End User License Agreement

Thank you for trying out the Libra software! By using this software, ("Libra Software"), you agree to accept a license under and be bound by the following terms and conditions of this agreement (the "Agreement") with CodeJam Pte Ltd (referred to herein as “CodeJam”):

Non-Commercial Use Only

Libra Software is made available to you for your non-commercial use only. This means that you must use the Software for non-commercial purposes and be an individual home user who use the Software for personal use only.

You will need to obtain CodeJams permission if you want to use it in a commercial entity, or sell the Libra Software or any information, services, or software associated with or derived from the Libra Software, or if you want to modify, copy (except as explicitly provided below), license, or create derivative works from the Libra Software (collectively, "Commercial Use").

In the event that you would like to use the Libra Software for Commercial Use, please contact us requesting permission for such Commercial Use (and detailing the specific type of Commercial Use requested) via e-mail at libra@codejam.com. You may not use the Libra Software in any manner that could damage, disable, overburden, or impair CodeJam’s services (e.g., you may not use the Libra Software in an automated manner), nor may you use Libra Software in any manner that could interfere with any other partys use and enjoyment of CodeJams services.

This Agreement allows you to install and use the Libra Software on a single computer. You may make copies of the Libra Software and distribute such copies to other persons, provided that each such recipient has had an opportunity to review and agrees to be bound by this Agreement prior to any use of the Libra Software. If others do not have this opportunity to review and/or do not individually agree to be bound by this Agreement and you would still like to distribute copies to them, you may do so provided that you have the legal right to bind others within your organization to this Agreement. If you do not have this right and the recipients do not have an opportunity to review and/or do not agree to be bound by this Agreement, you may not distribute the Libra Software to them.

For each copy of the Libra Software authorized under this license, you may make one backup copy, provided your backup copy is not installed or used concurrently on different computers. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Libra Software. CodeJam is not obligated to provide maintenance, support, or updates to you for the Libra Software.

If you have comments on the Libra Software or ideas on how to improve it, please contact us at http://www.getlibra.com/. Please note that by doing so, you also grant to CodeJam and third parties permission to use and incorporate your ideas or comments into the Libra Software (or third party software) without further compensation.

Proper Use

You agree that you will use the Libra Software in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not agree to, and shall not authorize or encourage any third party to: (i) use the Libra Software to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable; (ii) upload, transmit or otherwise distribute content that infringes upon another partys intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) use the Libra Software for any fraudulent or inappropriate purpose; or (iv) act in any way that violates this Agreement, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this license, and may subject you to state, national and/or international penalties and other legal consequences.

Automatic Updates

The Libra Software may communicate with CodeJams servers to check for available updates to the Libra Software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). The Libra Software sends CodeJam a request for the latest Libra Software version information. If a newer version is available, the Libra Software will give you the option of downloading it. The Libra Software asks for permission before downloading an updated version. If you wish to disable the automated check for updates, please disable this feature from the Preference window in Libra Software. By installing the Libra Software and not disabling the automated check for Updates, you hereby agree to automatically request and receive Updates from CodeJams servers.

Intellectual Property

You acknowledge that CodeJam, its subsidiaries and affiliates, and/or third parties own all right, title and interest in and to the Libra Software, portions thereof, and any software or other materials (not including user photos or message text) provided through or in conjunction with the Libra Software, including without limitation all intellectual property rights. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Libra Software. You also agree to not remove, obscure, or alter CodeJams or any third partys copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Libra Software.

Disclaimer of Warranties

To the fullest extent permitted by applicable law, CodeJam and its licensors and suppliers disclaim any responsibility for any harm resulting from your use of the Libra Software and/or any third party software accessed in conjunction with or through the Libra Software.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LIBRA SOFTWARE AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE LIBRA SOFTWARE ARE PROVIDED "AS IS," WITH NO WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CODEJAM AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM (A) ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS; AND (B) ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE LIBRA SOFTWARE AND SUCH THIRD PARTY SOFTWARE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE LIBRA SOFTWARE AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE LIBRA SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF LIBRA SOFTWARE AND SUCH THIRD PARTY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CODEJAM, ITS SUBSIDIARIES AND AFFILIATES OR ITS LICENSORS AND SUPPLIERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USERS USE OR MISUSE OF THE LIBRA SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE LIBRA SOFTWARE, FROM INABILITY TO USE LIBRA SOFTWARE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF LIBRA SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Further Limitation of Liability

It is your responsibility to ensure that you obtain all consents, authorizations and clearances in any data or photographs owned or controlled by third parties that you transmit, access or communicate to others using the Libra Software. CodeJam will not be liable in any way (a) for any errors or omissions in any photographs or data, or for any loss or damage of any kind incurred as a result of any data transmitted via the Libra Software; (b) if you are exposed to photographs or data that are offensive, indecent or objectionable; or (c) for any violations of copyright or other proprietary rights as a result of your use of the Libra Software.

Indemnification

It is your responsibility to ascertain whether any copyright or other licenses for use of content are necessary and to obtain any such licenses. You agree to copy, distribute, display, and modify only those materials which you have the necessary permission to use. You agree to hold harmless and indemnify CodeJam and its subsidiaries, affiliates, and their respective officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Libra Software, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees, of every kind and nature. In such a case, CodeJam will provide you with written notice of such claim, suit or action.

Data Practices and Privacy Policy

The Libra Software does not require you to provide any personally identifying information, such as your name or email address. If you send a request to CodeJam’s servers, we record standard log information, including Internet Protocol addresses and information related to your request. We will ask before collecting personally identifying information from you and give you an opportunity to opt out.

Miscellaneous Provisions

This Agreement will be governed by and construed in accordance with the laws of the Republic of Singapore, without giving effect to the conflict of laws provisions of the Republic of Singapore or your actual state or country of residence. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by CodeJam.

Termination

IF YOU WISH TO TERMINATE THIS AGREEMENT, YOU MAY SIMPLY CEASE USING THE LIBRA SOFTWARE AND FOLLOW THE UNINSTALL INSTRUCTIONS. CODEJAM RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT AND YOUR AUTHORIZATION TO USE THE LIBRA SOFTWARE AT ANY TIME WITHOUT CAUSE.