Crowdgather, Inc.
Roaming Threads™ - vBulletin™ Plugin
End User License Agreement - EULA

NOTE: Crowdgather, Inc. is in no way affiliated with Jelsoft Enterprises Limited, author of vBulletin™

Please read this entire license agreement fully before using the Roaming Threads™ software application (“Roaming Threads”). This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Crowdgather, Inc., developers of Roaming Threads™. This agreement covers the basic and premium versions of Roaming Threads™. The current basic version as of September 10, 2009 is Roaming Threads Beta1.0 (“Basic Version”). The current premium version is Roaming Threads v. 2.0 (“Premium Version”)(the Basic Version and Premium Version are collectively referred to as “Roaming Threads”)

By installing and/or using Roaming Threads you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this EULA, you may not use Roaming Threads.

License Grant

a. Basic Version: Subject to the provisions set forth in this EULA, Crowdgather, Inc. (“Crowdgather”) grants you a limited, non-exclusive, revocable, royalty-free license to install and use the Basic Version on one installation of a licensed copy of vBulletin™, accessible by one web domain.*
b. Premium Version: If you upgrade and subscribe to the Premium Version, subject to the provisions set forth in this EULA, Crowdgather, Inc. (“Crowdgather”) grants you a limited, non-exclusive, royalty-free license to install and use the Premium Version on one installation of a licensed copy of vBulletin™, accessible by one web domain.*
c. With respect to the foregoing licenses, you shall have the right to authorize forum users to use Roaming Threads pursuant to a limited sublicense, solely within your forum and subject to Crowdgather’s then current “Terms of Service” which shall be incorporated into Roaming Threads authorization process via a direct link to Crowdgather’s server.
d. Crowdgather reserves all other rights not expressly granted hereby. Owners of multiple forums hosted on multiple domains are acknowledging that they are entering into this license for each separate forum.

* vBulletin™ is web forums software and a registered trademark of Jelsoft Enterprises Limited.

Term

The Roaming Threads license granted hereby is perpetual.

Support and Updates

Your license can be managed from: http://www.RoamingThreads.com/account. Technical support for Roaming Threads is provided via the Roaming Threads forums located at http://www.RoamingThreads.com/forums and for Premium Version subscribers and Basic Version licensee during the Support Term (defined below) via the support ticketing system at http://www.RoamingThreads.com/support.

Basic Version: All updates and patches released by Crowdgather (as determined in Crowdgather’s sole and absolute discretion) during the 12-month period following installation (the “Support Term”) will be available for download at no additional charge. Thereafter, unless you upgrade to the Premium Version, you will not be eligible to receive any available updates, patches and/or upgrades to the Basic Version. After the Support Term and unless you upgrade to a Premium Version, any support for Roaming Threads will only be available via the Roaming Threads forums at no additional cost. Note that the Roaming Threads forums are not supported by Crowdgather, are based upon contributions of the open source community only, and Crowdgather makes no representations or warranties that the forum will provide adequate support of the Basic Version software. Crowdgather reserves the right to refuse to support older versions of the Basic Version, which may require a user to upgrade to the latest version or a Premium Version in order to receive continued support.
Premium Version: So long as you are subscribing to Crowdgather’s Premium Version, all updates and patches released by Crowdgather (as determined in Crowdgather’s sole and absolute discretion) will be available for download at no additional charge. Crowdgather reserves the right to refuse to support older versions of the Premium Version, which may require a user to upgrade to the latest Premium Version in order to receive continued support. If you do not continue to subscribe to the Premium Version, you will automatically be downgraded to the Basic Version and the support terms contained therein shall apply.

USE; LIMITATIONS

Your limited license of the beta version gives you the limited right to install Roaming Threads with other modifications, extensions, hacks, or plugins available for vBulletin and use it solely with respect to your forum. However, while Crowdgather attempts to ensure that Roaming Threads is compatible with all major vBulletin "hacks", it is not responsible for conflicts that arise when an incompatible hack is installed along with Roaming Threads.

You are expressly prohibited from any of the following:

Allowing others to use Roaming Threads unless they comply with the terms of this agreement, have paid the licensing fee, are contracting you for support services.
Modifying or altering Crowdgather’s Terms of Service pertaining to the use of Roaming Threads by licensee’s forum members;
Reverse engineering, decompiling or creating derivative works based on Roaming Threads's feature set or implementation structure.
Modifying and/or removing any copyright notices or labels that Roaming Threads places on each page of your vBulletin™ forums without Crowdgather’s written permission.
Re-distributing Roaming Threads without the express written permission of Crowdgather, under a commercial agreement.
Re-distributing any component of Roaming Threads including programming files, scripts, libraries, or templates or any kind used in the development of Roaming Threads without permission.
Using the Roaming Threads version in more than one licensed installation of vBulletin™ unless Roaming Threads is licensed separately for each installation.
Installing more than one copy of Roaming Threads on a single forum or website. Each installation of Roaming Threads requires a separately purchased license. This restriction applies regardless of the intended usage of Roaming Threads.
Using any Roaming Threads trademarks including the terms "LinkBack", "RefBack", and other feature labels unless credit is given to Crowdgather, Inc. as the owner of these trademarks.

Anti-Piracy and EULA Violations

Crowdgather, Inc. reserves the right to include mechanisms for the detection of the Roaming Threads software piracy and/or general EULA violations. These mechanisms may include the transmission of data from your server to Crowdgather, Inc. servers that identify your unique Roaming Threads license key and forum URL information. Note: NO ADDITIONAL DATA other than what is required to validate your Roaming Threads license or provide support will be transmitted.

Forums found to be running unauthorized copies of Roaming Threads will be flagged for review. Anyone violating the Roaming Threads Acceptable Usage Policy or general EULA terms, will be contacted and requested to uninstall Roaming Threads immediately. Those who do not comply will be subject to all legal and equitable remedies as outlined in this EULA in order to prevent the violation of terms and/or illegal actions.

ACCEPTABLE USAGE POLICY:

Crowdgather Inc. reserves the right to disallow the use of Roaming Threads software on any website containing illegal or inappropriate information.

Review and interpretation of criteria for meeting the guidelines of the Acceptable Usage Policy is at the sole discretion of authorized representatives of Crowdgather, Inc.

You may NOT use Roaming Threads on any website that contains the following information as the *main theme* of the forum:

Pornography
Any other content that is illegal, promotes illegal activity, or infringes on the legal rights of others

Note: Some categories of the above will be strictly enforced, even if not the main theme of the forum, in cases where the content is deemed to be inappropriate by authorized representatives of Crowdgather Inc.

Under no circumstance will the use of Roaming Threads be allowed on forums containing any content related to:

Violent content, racial intolerance, or advocacy against any individual, group, or organization
Support or encouragement of terrorism
Pedophilia, violent, or abusive treatment of children

As a user of Roaming Threads, upon acceptable of this EULA, you acknowledge:

Your personal responsibility for all content published on your forums.
Crowdgather Inc. is in no way responsible for the content published on your forums.

Review and interpretation of the above criteria is at the sole discretion of authorized representatives of Crowdgather, Inc.

RoamingThreads License Sale And/Or Transfer

Crowdgather Inc. allows Roaming Threads licensees to update their forum URL, or to change from one URL to another, provided the new location is "owned by the same licensee", and is NOT being transferred to another party for sale, or for any other purpose.

However, this can be done only 1 time within a 90 DAY period.
The Roaming Threads license must have been active for a period of at least 3 months from the date of installation
The Roaming Threads license must be UN-EXPIRED. Note: If expired, the license must be renewed prior to authorization of the transfer
If moving the license to a new site, Roaming Threads must be un-installed and all files removed/deleted prior to the transfer being authorized. It is the original license holder's responsibility to ensure Roaming Threads is un-installed and completely removed.
Special restrictions apply to transfers between Roaming Threads customers and a 3rd party during a sale of the license, or a transfer for any other purpose.

Specail Restrictions for RoamingThreads License Transfer to 3rd Parties

Crowdgather Inc. may, upon request, allow Roaming Threads licensees to transfer an active Roaming Threads license to a 3rd party, if the following conditions are met:

The Roaming Threads license must NOT have been transferred in the previous 12 month period
The Roaming Threads license must have been active for a period of at least 3 months from the date of installation
The Roaming Threads license must be UN-EXPIRED. Note: If expired, the license must be renewed prior to authorization of the transfer.
The new owner must have their own Roaming Threads.com username. They cannot assume control of the previous owner's account.

This policy applies to license transfers for both transfers in which (a) the forum URL changes, and (b) the forum URL does NOT change (i.e. full forum sales).

Crowdgather Inc. reserves the right to reject or delay any transfer request for a determined period of time in order to prevent fraudulent transfer activities.

Disclaimer of Warranty; Limitation and Exclusion of Damages

ROAMING THREADS AND ANY RELATED DOCUMENTATION AND SUPPORT SERVICES ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TITLE, OR ANY IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF PERFORMANCE, DEALING OR TRADE USAGE. IN ADDITION, CROWDGATHER MAKES NO REPRESENTATION THAT THE OPERATION OR USE OF ROAMING THREADS AND/OR THE DOCUMENTATION PROVIDED HEREUNDER WILL BE UNINTERRUPTED, ERROR FREE, OR SECURE, AND CROWDGATHER WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS, ERRORS, OR BREACHES OF SECURITY. CROWDGATHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY THIRD PARTY SOFTWARE, TOOLS, HARDWARE, OR OTHER MATERIALS OR CONTENT WHICH MAY BE USED OR PROVIDED BY CROWDGATHER IN THE PERFORMANCE OF SERVICES HEREUNDER. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF ROAMING THREADS, ITS DOCUMENTATION AND SUPPORT SERVICES REMAINS WITH THE LICENSEE. IF ROAMING THREADS IS FOUND TO CONTAIN DEFECTS (A NATURAL OCCURRENCE IN THE SOFTWARE DEVELOPMENT LIFE CYCLE), THE LICENSEE SHALL ASSUME THE ENTIRE COST OF SERVICE AND REPAIR. ROAMING THREADS'S SECURITY MECHANISMS RELY UPON 3RD PARTY TECHNOLOGY AND HAVE INHERENT LIMITATIONS. IT IS YOUR RESPONSIBILITY TO ENSURE THAT ROAMING THREADS MEETS YOUR REQUIREMENTS AND IS COMPATIBLE WITH YOUR VBULLETIN INSTALLATION INCLUDING ANY OTHER INSTALLED SOFTWARE OR COMPONENTS OF YOUR WEB HOSTING OR SERVER ENVIRONMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE AGREEMENT.

IN NO EVENT SHALL CROWDGATHER, INC., ITS SUPPLIERS OR AFFILIATES OR THEIR RESPECTIVE AGENTS, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, WHETHER BY COMMON LAW OR STATUTE, ARISING HEREFROM OR RELATED HERETO IN ANY CAUSES OF ACTION OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY LAW, CROWDGATHER’S TOTAL LIABILITY TO LICENSEE FOR EVERY REASON, SHALL BE LIMITED TO THE LESSER OF: (A) THE AGGREGATE AMOUNT ACTUALLY PAID BY LICENSEE TO CROWDGATHER FOR ROAMING THREADS, OR (B) ONE HUNDRED DOLLARS $100.00 (USD).

Title

Title, ownership rights, and intellectual property rights for Roaming Threads shall remain exclusively with Crowdgather, Inc. Roaming Threads is protected by International copyright laws and treaties. Title and related rights in the content generated through Roaming Threads are the property of the applicable content owner and may be protected by applicable law. This license gives Crowdgather no rights to such content except as otherwise provided in the Terms of Service.

Indemnification

You agree to indemnify, defend and hold Crowdgather, its officers, directors, agents, attorneys, employees and suppliers harmless from all costs, damages, liabilities, expenses, penalties(inlcuidng, without limitation attorneys’ fees and costs for defense) attributed to your use of Roaming Threads.

Termination

This license agreement will terminate automatically upon failure to comply with the limitations described herein or upon written notice from Crowdgather, Inc. On termination, you must destroy all copies of Roaming Threads and related documentation or materials within 24 hours. Termination of the license due to noncompliance will NOT result in any refund of license fees.

User Generated Contet and Take-Down Notices

You are responsible for monitoring and administration of forum member compliance with all applicable copyright laws, including, without limitation take down notice requirements prescribed under the Digital Millennium Copyright Act. The following copyright policy must be contained in your terms of service related to your forum:

We respect the intellectual property rights of others, and ask that you do the same. As such, the infringement of others’ intellectual property rights will not be tolerated and may result in the termination of the infringing party’s account. Please note that we can only address infringing materials posted on our forum that have been reported to us, and cannot be responsible if any content is repurposed or otherwise copied from the forum and used in other mediums prior to us removing such infringing content.

(a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner;

(b) a description of the copyrighted work that you claim has been infringed;

(c) a description of where the material you claim is infringing is located on the Site;

(d) your address, telephone number, and email address;

(e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(f) A statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf; and

(g) Our agent may be contacted as follows: info@crowdgather.com

Miscellaneous

Crowdgather reserves the right to change the terms of this license agreement at any time. Failure to receive notification of a change does not make those changes invalid. A current copy of this license agreement will be available on the Crowdgather (www.Crowdgather.com) and/or Roaming Threads (www.Roaming Threads.com) websites at all times. See http://www.RoamingThreads.com/license/
Technical support will not be provided for 3rd party modifications to vBulletin™ that are found to be incompatible with Roaming Threads although Crowdgather encourages reporting of such issues on the Roaming Threads forums so that the development team may consider them as potential future upgrades.
The sole relationship between you and Crowdgather shall be that of of licensee and licensor respectively.
Nothing express or implied herein shall confer upon any third party any rights, remedies, obligations, or liabilities.
This EULA constitutes the entire agreement between you and Crowdgather with respect to the subject matter hereof and supersedes all prior understandings, communications, and agreements between us, written or oral, regarding such subject matter.
This Agreement shall not be modified by you , nor shall any provision hereof be waived or amended by Crowdgather, except by a written amendment duly executed by an authorized officer of Crowdgather.
A waiver of any provision hereof with respect to one event by Crowdgather shall not be construed as continuing, or as a bar to or waiver of any right or remedy by Crowdgather as to subsequent events.
You acknowledge and agree that U.S. laws and regulations may restrict the export and re-export of certain commodities and technical data. You shall not export or re-export Roaming Threads in any form without first obtaining all appropriate U.S. and foreign government licenses and permissions.
If any provision hereof shall be held to be invalid or unenforceable, then such provision shall be reformed to the extent necessary to make such provision valid and enforceable when so applied.
Any written notices to be given hereunder shall be delivered via electronic mail to the electronic email address submitted by you at the time of registration and for Crowdgather, to the following address: {Insert email address}
In the event that Crowdgather institutes legal proceedings to enforce its rights under this EULA, including, without limitation seeking equitable relief, Crowdgather shall be entitled reimbursement of legal fees and costs attributed to such action.
The remedies stated herein are cumulative and not in lieu of one another.
In the event of your breach of the prohibition and removal terms of the license ranted pursuant to this EULA, you acknowledge that Crowdgather would suffer irreparable harm in which money damages may be inadequate. In addition to any other legal remedies available, Crowdgather shall also be entitled to seek ex parte injunctive relief without the necessity of posting bond to enjoin such prohibited activities..
The provisions covering indemnification, limitation of liability, title and these miscellaneous terms shall survive termination or expiration of this EULA.

Roaming Threads COPYRIGHT NOTICES; Premium Version Options

Roaming Threads copyright notices may NOT be removed under any circumstance. The Basic Version will contain a link to www.RoamingThreads.com website at the end of the original post for each thread created using Roaming Threads. If you subscribe to the Premium Version, you will have the option to remove this link.. Further, Premium Version licensees will have the ability to replace the “Roaming Threads” and “Roaming Posts” icons, graphics and nomenclature with licensee’s own icons or link artwork; provided, however that Crowdgather’s copyright notices shall not be removed under any circumstances.

Removal of the Roaming Threads copyright notice will result in the automatic termination of this EULA in which case you must delete Roaming Threads from your website within 24 hours. Termination of the license due to noncompliance will not result in any refunds of license or subscription fees.

Governing Law

This agreement shall be governed by the Laws of the USA, State of California and the Laws of the United States of America, as well as International intellectual property laws. Any action in regard to this license agreement or arising out of its terms and conditions shall be instituted and litigated in the state and federal courts located in Los Angeles, California. Each of the parties consents to jurisdiction in such Court and agrees that service of process as provided by the states and rules of civil procedures of the United States, State of California shall be sufficient.

ROAMING THREADS

Crowdgather, Inc.

Crowdgather, Inc. Roaming Threads™ - vBulletin™ Plugin End User License Agreement - EULA