Humanity Software End-User License Agreement (“EULA”): HumanityTHUNDER – Trial Edition

Copyright © 2005,2006 Advance Guard Software Guild Corp. – All Rights Reserved

HumanityTHUNDER ® is a standard Windows service application written in C# .NET that provides background processing support for IIS web Servers. This small, but important utility keeps ASP.NET web sites refreshed to the server’s cache. Even low-volume web sites appear as though they are well-used sites from the perspective of the site visitor. Anyone using your site will enjoy rapidly loading web pages even when the site hasn’t had activity for a long time. Typically, ASP.NET web sites that haven’t been accessed can often take minutes for the first page to appear in the user’s browser because the site is not “fresh” and has been flushed from the web server’s cache due to timeouts. The HumanityTHUNDER ® utility works by making asynchronous web requests to the web sites and pages that are defined in its configurations file. Every 4 or 5 minutes this application cycles through your web sites loading their primary web pages into the web server’s cache. This action causes ASP.NET web pages and any business objects referenced by them to be re-compiled before being cached. Now, when a web site visitor tries to access one of your low-volume websites, the website pages load very quickly into their browser.

Generally speaking, provided that you agree to the lawyer-speak below you may use the trial edition software for yourself or your business. It cannot be redistributed without permission, or be sold to third party, and you cannot use it directly for monetary gain by combining it with other software or services. The Trial Edition cane be used against a single (Primary) website. For a small free ($19.95 USD), you can move up to the Standard Edition that can refresh up to 11 websites per cycle. As a bonus, the Standard Edition includes full source code for this Windows service, so you are free to make any changes in the program that you want for your own use.



NOTE: HumanityTHUNDER ® - Trial/Standard Edition (Requirements)

The HumanityTHUNDER® Windows Service application is available in several versions:

  1. HumanityTHUNDER® - Trial Edition

b) HumanityTHUNDER® - Standard Edition

Note: The following EULA does not apply to other versions of the HumanityTHUNDER application.

Important - Read Carefully. Notice to User:

This Advance Guard Software End User License Agreement for HumanityTHUNDER® - Trial Edition (“HumanityTHUNDER EULA”) governs your right to use (i) the HumanityTHUNDER Trial Edition software (“HumanityTHUNDER - Trial Edition ”) hereinafter referenced, as “HumanityTHUNDER Software”). This EULA is a legal document between you and Advance Guard Software Guild Corp (“Advance Guard Software”). It is important that you read this document before using the Advance Guard-provided software and any accompanying documentation, including without limitation printed materials, ‘on line’, or electronic documentation (“Documentation”). By clicking the ‘Continue’ button, by installing, or otherwise using the HumanityTHUNDER Software, you agree to be bound by the terms of this HumanityTHUNDER EULA including without limitation the warranty disclaimers, limitation of liability and termination provisions and restrictions below. If you do not agree, you are not licensed to use the HumanityTHUNDER Software, and you must destroy any downloaded copies of the HumanityTHUNDER Software in your possession or control. Please go to our Web site at http://www.humanityportals.net to download and print a copy of this HumanityTHUNDER Software EULA for your files. This file is available in either HTML or PDF format.

1. HumanityTHUNDER SOFTWARE LICENSE

  1. License Grant. Upon your acceptance of this HumanityTHUNDER EULA, Advance Guard grants you a personal non-exclusive, non-transferable (except as provided below), limited license to install and use a single copy of the HumanityTHUNDER Software on your compatible computer for business or personal use. You are expressly forbidden from using the HumanityTHUNDER Software (any version) for any illegal purpose, or for distributing pornography, hate literature, or for any purpose that seeks to hurt or cause emotional, physical, or financial damages to any another person or group.

  2. You may not sell or charge any fees for the HumanityTHUNDER Software – Trial Edition software, or for its distribution.

  3. You may not alter the program or any accompanying documentation, nor remove any of the product copyright notices or images. You may not re-brand the product as your own.

(b) Backup and Archival Copies. You may make one backup and one archival copy of the HumanityTHUNDER Software, provided your backup and archival copies are not installed or used on any other computers and further provided that all such copies shall bear the original and unmodified copyright, patent and other intellectual property markings that appear on, or in the HumanityTHUNDER Software.

(c) Key Codes. Upon acceptance of this EULA with respect to HumanityTHUNDER Software, you may receive a key code and/or UserID and Password codes that will enable you to activate, update or operate the HumanityTHUNDER Software. You may not re-license, reproduce or distribute any key code except with the express written permission of Advance Guard Software.

(d) Title. This HumanityTHUNDER EULA gives you a limited license to use and distribute to the limited extent permitted in Section 3, as applicable, the HumanityTHUNDER Software – Trial edition. Advance Guard Software and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the HumanityTHUNDER Software and all copies thereof. Advance Guard reserves all rights not specifically granted in this HumanityTHUNDER EULA. There are portions of the software that are copyrighted by Microsoft and its suppliers.

(e) Reverse Engineering. You may not reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code, underlying ideas, underlying user interface techniques or algorithms of HumanityTHUNDER Software by any means whatsoever, directly or indirectly, or disclose any of the foregoing, except to the extent you may be expressly permitted to de-compile under applicable law, it is essential to do so in order to achieve interoperability of the HumanityTHUNDER Software with another software program, and you have first requested Advance Guard Software to provide the information necessary to achieve such interoperability and Advance Guard Software has not made such information available. Advance Guard Software has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by Advance Guard Software or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the HumanityTHUNDER Software product from Advance Guard Software.

(f) Additional Restrictions. You may not loan, rent, lease, sub license, distribute or otherwise transfer all or any portion of the HumanityTHUNDER Software to third parties except to the limited extent expressly set forth in Section 3. You may not copy, distribute, or make derivative works of HumanityTHUNDER Software except as expressly set forth above, and any copies that you are permitted to make pursuant to this HumanityTHUNDER EULA must contain the same copyright, patent and other intellectual property markings that appear on or in the HumanityTHUNDER Software. You may not modify, adapt or translate the HumanityTHUNDER Software. You may not, directly or indirectly, encumber or suffer to exist any lien or security interest on the HumanityTHUNDER Software; knowingly take any action that would cause the HumanityTHUNDER Software to be placed in the public domain; or use the HumanityTHUNDER Software in any computer environment not specified in this HumanityTHUNDER EULA. You will comply with applicable law and Advance Guard Software's instructions regarding the use of the HumanityTHUNDER Software. You agree to notify your employees and agents who may have access to the HumanityTHUNDER Software of the restrictions contained in this HumanityTHUNDER EULA and to ensure their compliance with these restrictions. You may not alter or modify the HumanityTHUNDER Software or create a new installer for the HumanityTHUNDER Software. The HumanityTHUNDER Software is licensed and distributed by Advance Guard Software for creating and viewing websites, or as a XML Web Services-based Application Deployment platform for your web-based applications.

(g) Software Activation. Advance Guard Software may use your internal network and Internet connection for the purpose of transmitting license-related data entered by the user at the time of installation or registration to an Advance Guard-operated license server and validating the authenticity of the license-related data in order to protect Advance Guard Software against software piracy.

(h) The HumanityTHUNDER Software is constrained to a specific number of users, applications, modules, etc. You may not attempt to circumvent these constrained capacities of the product. Furthermore, you agree not to attempt to circumvent or discover in any manner whatsoever the anti-tampering technologies embodied with the HumanityTHUNDER Software. Should you discover the workings of these anti-tampering mechanisms, you agree not to disclose this information in any manner whatsoever without the express permission of Advance Guard Software (in writing).

  1. The HumanityTHUNDER Software Personal Edition is licensed for use on Microsoft Windows-based operating systems only. You are expressly forbidden to execute the HumanityTHUNDER Software on other (non-Microsoft) operating systems or to adapt the HumanityTHUNDER Software to run on these other platforms.



2. INTELLECTUAL PROPERTY RIGHTS

Acknowledgment of Advance Guard Software's Rights. You acknowledge that the Advance Guard Software and any copies that you are authorized by Advance Guard to make are the intellectual property of and are owned by Advance Guard Software and its suppliers. The structure, organization and code of the HumanityTHUNDER Software are the valuable trade secrets and confidential information of Advance Guard Software and its suppliers. The HumanityTHUNDER Software is protected by copyright, including without limitation by Canadian and US Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You acknowledge that Advance Guard Software retains the ownership of all patents, copyrights, trade secrets, trademarks and other intellectual property rights pertaining to the software, and that Advance Guard Software's ownership rights extend to any images, photographs, animations, videos, audio, music, text and “applets” incorporated into HumanityTHUNDER Software and all accompanying printed materials. You will take no actions that adversely affect Advance Guard Software's intellectual property rights in the HumanityTHUNDER Software.

(a) Exceptions: The HumanityTHUNDER Software may include Open Source demo applications licensed under GPL or other Open Source licenses. Any changes to these applications must remain in the public domain, and you are free to do what you will with these demo programs according to the terms of the specific Open Source license that they were distributed under. Advance Guard Software has no intellectual property rights to either the original Open Source application or any derivative works that may have been produced from these products.

b) Exceptions: The HumanityTHUNDER Software may include Shared Source demo applications licensed under special terms such as the Microsoft Shared Source License Agreements. Advance Guard Software retains the intellectual rights to such modified programs, and you may not distribute these demonstration programs to a third party in any form whatsoever, without the express written consent of Advance Guard Software. A copy of the Shared Source License Agreement is available for download at our website.

Except as expressly stated above, this HumanityTHUNDER EULA does not grant you any intellectual property rights in HumanityTHUNDER Software.

3. HumanityTHUNDER Software – Trial Edition DISTRIBUTION RIGHTS

(a) License Grant Upon your acceptance of this HumanityTHUNDER EULA as part of your use of the HumanityTHUNDER Trial Edition, and subject to your ongoing compliance with its terms and conditions, Advance Guard Software hereby grants HumanityTHUNDER Trial Edition users a non-exclusive, non-transferable, limited worldwide license to reproduce the Setup Program for HumanityTHUNDER Trial Edition and distribute the Setup Program for HumanityTHUNDER Trial Edition in executable form to end users in the manner hereinafter provided.

(b) Internal Use - You may install unlimited copies of such Setup Program for HumanityTHUNDER Trial Edition on a computer file server within your internal network for the sole and exclusive purpose of installing HumanityTHUNDER Personal Edition (to an unlimited number of client computers on your internal network). No other server or network use of the HumanityTHUNDER Personal Edition is permitted, including but not limited to using the HumanityTHUNDER Trial Edition (i) either directly or through commands, data or instructions from or to another computer or (ii) for internal network, Internet or web hosting services.

(c) External Use - You may distribute the Setup Program for HumanityTHUNDER Trial Edition to any third party electronically or via download from a website or on physical media such as CD-ROMS or diskettes provided that you agree to the terms of this EULA, and the setup program and all existing copyright notices are retained and distributed as well.

  1. Source Code Distribution and Use: You may use and distribute freely the included source codes for the HumanityTHUNDER Trial version for any commercial or non-commercial use, provided that credit is given to Advance Guard Software for any source code utilized, and you do not remove any copyright notices, web URL’s, etc. from the source codes. You may not charge a fee for either the source or binary versions of this product. The source codes may be used to create derivative products provided that such products do not directly compete with the HumanityTHUNDER products, and add substantial functionality to the base product.

  2. Distribution Restrictions In addition to the restrictions and obligations provided in other sections of this HumanityTHUNDER EULA, your license to distribute the Setup Program for HumanityTHUNDER Trial Edition is further subject to all of the following restrictions (i) HumanityTHUNDER Trial Edition shall only be licensed and not sold, (ii) You must use the Setup Program provided by Advance Guard Software AS IS and may not impair, alter or remove Advance Guard Software's HumanityTHUNDER EULA, (which will appear in the installation process and which an end user must accept in order to be able to install or operate HumanityTHUNDER Software) or any other files, (iii) Other versions of HumanityTHUNDER Software that may be available cannot be distributed under this Agreement (v)You may not re-brand the HumanityTHUNDER Trial Version, nor alter any copyright notices found in the product. It must be redistributed “as-is”, and, (vi) the trial version (HumanityTHUNDER Trial edition) cannot be distributed in combination with any other software or hardware products or services, nor can it be re-distributed with the intention of enhancing or promoting another product or service without the express written permission of Advance Guard Software.

4. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADVANCE GUARD SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE HUMANITYTHUNDER PORTAL SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR ANY PROVISION OF THIS HUMANITYTHUNDER END USER LICENSE AGREEMENT, EVEN IF ADVANCE GUARD SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE LEGALLY, LIABILITY CANNOT BE EXCLUDED, BUT MAY BE LIMITED, ADVANCE GUARD SOFTWARE'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES AND JURISDICTIONS, ADVANCE GUARD'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS HUMANITYTHUNDER END USER LICENSE AGREEMENT.

5. WARRANTY DISCLAIMER

THE HUMANITYTHUNDER PERSONAL EDITION SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN “AS-IS” BASIS. ADVANCE GUARD SOFTWARE PROVIDES NO TECHNICAL SUPPORT OR WARRANTIES FOR THE HUMANITYTHUNDER PERSONAL EDITION SOFTWARE OR THE DEMONSTRATION PROGRAMS THAT SHIP WITH IT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADVANCE GUARD SOFTWARE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; MERCHANTABILITY; SATISFACTORY QUALITY, INFORMATIONAL CONTENT, OR ACCURACY, QUIET ENJOYMENT, TITLE, AND NON- INFRINGEMENT. ADVANCE GUARD DOES NOT WARRANT THAT THE HUMANITYTHUNDER SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE HUMANITYTHUNDER PERSONAL EDITION SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 30 DAYS FROM THE DATE OF INSTALLATION OR USE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND ADEQUACY OF THE SOFTWARE FOR YOUR INTENDED USE AND YOU WILL INDEMNIFY AND HOLD HARMLESS ADVANCE GUARD SOFTWARE FROM ANY 3RD PARTY SUIT TO THE EXTENT BASED UPON THE ACCURACY AND ADEQUACY OF THE SOFTWARE IN YOUR USE. THE SOFTWARE IS NOT DESIGNED FOR USE IN HOSTED ENVIRONMENTS.

6. EXPORT RULES AND GOVERNMENT RESTRICTED RIGHTS

The HumanityTHUNDER Software employs advanced encryption technologies and techniques that are licensed under export restrictions. You agree that the HumanityTHUNDER Software and accompanying documentation will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws") from either the United States or the country of use. In addition, if the HumanityTHUNDER Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the HumanityTHUNDER Software. All rights to use HumanityTHUNDER Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this HumanityTHUNDER EULA. Use, duplication, or disclosure by the U.S. Government of HumanityTHUNDER Software is subject to the restrictions set forth in this HumanityTHUNDER EULA and as provided in FAR 12.211 and 12.212 (48 C.F.R. § 12.211 and 12.212) or DFARS 227-7202-1 (48 C.F.R. § 227-7202-1) as applicable.

  1. TERMS AND TERMINATION

Without prejudice to any other rights or remedies of Advance Guard Software, this HumanityTHUNDER EULA may be terminated (a) by you giving Advance Guard Software written notice of termination; or (b) by Advance Guard Software, at its option, giving you written notice of termination or (c) Advance Guard Software giving you written notice of termination if you fail to comply with the terms and conditions of the HumanityTHUNDER EULA. Upon any termination of this HumanityTHUNDER EULA, you must cease all use of HumanityTHUNDER Software, licensed hereunder, destroy all copies then in your possession or control and take such other actions as Advance Guard Software may reasonably request to ensure that no copies of the HumanityTHUNDER Personal Edition Software remain in your possession or control.

  1. SUBJECT TO CHANGE

Advance Guard Software reserves the right to change the conditions of this EULA or the features and/or pricing of the HumanityTHUNDER Software at any time without prior notice.

  1. AVAILABILITY

The availability of the HumanityTHUNDER Software – Trial Edition is subject to change at any time, and the product may be discontinued at any time. In this event any currently distributed copies of the HumanityTHUNDER Software shall be subject to this EULA in an on-going manner.

  1. APPLICABILITY

The above HumanityTHUNDER End User License Agreement (EULA) applies specifically to the HumanityTHUNDER – Trial Edition. The extended distribution rights that accompany the trial edition do not apply to any other version of this software.

Updated: April 28, 2006