Sandvox

Build Beautiful.

PLEASE READ THIS LICENSE BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. Signify your agreement to be bound by the terms of this License by clicking the “Agree” button. If you do not agree to the terms of this License, click “Disagree.” If you click “Disagree” or if you do not agree to the terms of this License you are not authorized and may not use the Software.

License

Karelia Software LLC (“Karelia”)

Sandvox Software License Agreement (“License”)

IMPORTANT NOTE: To the extent this Software may be used to reproduce materials, it is licensed to you only for reproduction of materials you are authorized or legally permitted to reproduce.

1. License. Any software, tools, utilities, sample code, documentation, fonts, images, and other materials accompanying this License, whether on disk, print or electronic documentation, in read only memory, or any other media, (collectively, the “Software”) are licensed, not sold, to you by Karelia for use only under the terms of this License, and Karelia reserves all rights not expressly granted to you. The rights granted herein are limited to Karelia’s and its licensors’ intellectual property rights in the Software and do not include any other patents or intellectual property rights. Your use of the Software is subject to the terms and conditions of this License.

2. Permitted Uses. Karelia grants to you the nonexclusive right to install and to use the Software in the manner and subject to the restrictions noted herein. This License permits you to install the Software on a designated number of machines, and for multiple users to use the Software concurrently on such machines, as follows:

A Single User license permits either multiple users to install and to use the Software on a single machine, or permits a single user to install and to use the Software on multiple machines, although not concurrently. The Single User license does not allow multiple users to install and to use the Software on multiple machines, regardless of whether such use in concurrent.

A Household license permits you to install and permits you and other members of your Household to use the Software on up to four (4) computers at a time (including portable computers that are used primarily in the household) as long as those computers are located in the same household. “Household” means persons sharing the same housing unit (a house, apartment, condominium, or mobile home). A Household license does not extend to students who reside at a separate location (for example, on campus) or to business or commercial users.

A Site license permits you to install, to use, and to allow others to use the Software on multiple computers concurrently (including portable computers that are used primarily in your principal physical location) as long as those computers are located in the same physical location and used by you or by people you employ. We define “Site” to mean an organization (including, but not limited to, for-profit businesses and commercial ventures, nonprofits, and educational institutions) whose members share both a physical location and a range (or ranges) of IP addresses. Each computer on which the Software is installed and/or used is a “Seat,” and your Site license is limited to the number of Seats purchased by you and indicated on the registration form. A Site license does not extend to individuals who have an occasional relationship with the owner or manager of the Site, nor does the Site license extend to multiple physical locations or to IP addresses outside the range of the primary IP address of the Site.

3. Restrictions. You have no right to modify, incorporate into or compile in combination with your own programs, license, or otherwise distribute any portion of the Software. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute, or create derivative works based upon the Software in whole or in part or transmit the Software over a network or from one computer to another. You understand and agree that your rights under this License will terminate automatically without notice from Karelia if you fail to comply with any term of this License. In addition, Karelia reserves the right to terminate this License, without notice to you, in the event that your use of the Software, in Karelia’s reasonable judgment: (a) violates, or facilitates the violation of, any local, state, federal, or international law, contractual obligations of its users, intellectual property rights of others, any Karelia policy (including, but not limited to, Karelia’s Privacy Policy), or the rules of any Internet Service Provider; or (b) contains or promotes any illegal, tortious, or otherwise objectionable content or activity.

4. Additional Restrictions. You agree that you will not use the Software for purposes of: (i) permitting, promoting, or facilitating the unauthorized sharing of copyrighted material; or (ii) aggregating or otherwise collecting personal copyrighted material. You may not use the Software for any purpose that is unlawful or prohibited by this License, or to solicit the performance of any illegal activity or other activity that infringes the rights of Karelia or others. The Software may be used to reproduce materials so long as such use is limited to reproduction of noncopyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are not certain of your right to use or to reproduce any material, you should seek legal advice. This License, on its own, does not grant you any rights to use or to reproduce the content of a third party.

5. Injunctive Relief. Because of the unique nature of the Software, you agree that Karelia will suffer irreparable injury in the event you fail to comply with the terms of paragraphs 3 and 4 of this License and that monetary damages may be inadequate to compensate Karelia for your breach of the License. Accordingly, you agree that Karelia will, in addition to any other remedies that may be available to it at law or in equity, be entitled to injunctive relief, without posting a bond, to enforce the terms of this License.

6. Disclaimer Of Warranty. The Software may contain errors that could cause failures or loss of data, be incomplete, or contain inaccuracies. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND KARELIA AND KARELIA’S LICENSORS (COLLECTIVELY REFERRED TO AS “KARELIA” FOR THE PURPOSES OF PARAGRAPHS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. KARELIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KARELIA OR A KARELIA REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

7. Limitation Of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL KARELIA BE LIABLE FOR PERSONAL INJURY, OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF KARELIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Karelia’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). Any warranties that by law survive the foregoing disclaimers shall terminate ninety (90) days from the date you downloaded or otherwise accessed or received the Software. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Karelia is not liable or otherwise responsible for any content published by you or other third parties using the Software, and is not liable or otherwise responsible for any illegal activity, damage, libel, negligence, or other harm caused by or the result of using or publishing content with the Software and/or with related software created to operate in tandem with the Software. Use of the Software to establish and maintain a website does not imply an endorsement of such site by Karelia or by others involved in the creation, marketing, distribution, or delivery of the Software.

8. Export Law: Restrictions. You may not use or otherwise export or reexport the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. Specifically, but without limitation, the Software may not be exported or reexported into (or to a national or resident of) any countries under embargo by the United States (which currently include Burma, Cuba, Iran, Libya, North Korea, Sudan, and Syria), nor may the Software be exported or reexported to anyone on the United States Treasury Department’s list of Specifically Designated Nationals or the United States Department of Commerce Denied Person’s List or Entity List. By using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

9. Government Users.

(a) The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 48 C.F.R. § 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software—Restricted Rights clause, 48 C.F.R. § 52.227-19, as applicable. The manufacturer of the Software is Karelia Software LLC, 340 S. Lemon Ave. #5433, Walnut, CA 91789 USA

(b) If the Commercial Computer Software Restricted Rights clause at 48 C.F.R. § 52.227-19 or its successors apply, the Software constitutes restricted computer software as defined in that clause and the Government shall not have the license for published software set forth in subparagraph (c)(3) of that clause.

(c) The Software (i) was developed at private expense, and no part of the Software was developed with government funds; (ii) is a trade secret of Karelia for all purposes of the Freedom of Information Act; (iii) is “restricted computer software” subject to limited utilization as provided in the contract between the vendor and the governmental entity; and (iv) in all respects is proprietary data belonging solely to Karelia.

10. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. The parties further submit to and waive any objections to personal jurisdiction of and venue in any of the following forums: U.S. District Court for the Central District of California, California Superior Court for Los Angeles County, Los Angeles County Municipal Court, or any other forum in Los Angeles County, for any litigation arising out of this License. This License shall 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 thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

11. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Karelia. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern. The provisions of paragraphs 3, 4, 5, 6, 7, 8, and 10 herein shall survive termination of this License.

2018-05-08

Sandvox is a registered trademark of Karelia Software LLC. Karelia Software, the Sandvox sandbox logo and castle icon, and the Karelia Software logo are trademarks of Karelia Software LLC.