Licensing Agreement
The Jelly Bean Solutions Inc. License Agreement ("Agreement") is by and between Jelly Bean Solutions Inc. ("Provider") and you, your representatives, assigns, agents and contractors ("Customer") and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Customer’s use of services including consultation, access and use of software used to update and publish websites on the Internet (‘Application’), services and software applicable to assigned email address, and web hosting services ("Services") and represents the entire Agreement between You and Jelly Bean Solutions Inc. By using Services, Customer acknowledges that Customer has read, understand and agree to be bound by all the Terms of Use of “Provider’s” services and this Agreement, along with any new, different or additional terms, conditions or policies which “Provider” may establish from time to time.
THE APPLICATION Jelly Bean Solutions grants Customer a non-exclusive license to use Application and other such website design purposes as are ordinary and customary. You are free to use Application on any computer, but the same project may not be modified on more than one (1) computer at one time. You shall not port, reverse engineer, reverse compile, reverse assemble, or de-obfuscate the Application, or otherwise attempt to derive source code from the Application. You shall not alter, modify or change the Application or the source code underlying the Application in any respect. This Agreement, and the license granted to Customer under it, will terminate immediately if Customer are in breach of any of the terms of this Agreement. In the event of termination, Customer must immediately stop using the Application. You may not copy, sell, sublicense, assign or redistribute the Application. Jelly Bean Solutions Inc. licensors shall have the right to enforce the terms of this Agreement against Customer.
APPLICATION PARTICULARS Application is an on-line website updating tool designed to assist Customer in updating and publishing websites for use on the Internet. Using Application will give Customer the ability to personalize, edit text and add and delete images to Customer’s website. You agree that the performance of Customer website may begin to slow at varying number of pages depending on potential physical and practical constraints, including (but not limited to): system architecture, system capacity, system load, end-user Internet connectivity and end-user computer configurations. Customer agrees that Jelly Bean Solutions Inc. has no control over potential physical and practical constraints that Customer may experience at an uncertain number of pages on Customer website.
WEBSITE HOSTING SERVICES Customer is responsible for ensuring that Customer website conforms to all local, provincial, federal, and international laws. Customer is also responsible for securing permission to use any copyrighted, trademarked or otherwise legally protected images, text, or other website elements that are not provided by Jelly Bean Solutions Inc. You affirmatively acknowledge that Jelly Bean Solutions Inc. is relying on Customer’s representation concerning Customer’s proper use of all content on any website that Customer creates or controls. Moving Customer’s website (applicable only to prearranged and preapproved applications) from one hosting server or provider to another is Customer’s responsibility. Jelly Bean Solutions may provide support services with applicable service fees.
LEGAL AGREEMENTS Customer acknowledges that Customer is bound by the Jelly Bean Solutions Inc. and Terms of Agreement and Website Hosting Agreement ("Hosting Agreement") for the hosting of Customer’s website, which is hereby incorporated by reference. Customer agrees to be bound by the terms and conditions, and all policies and procedures referenced in the Hosting Agreement, which can be found here.
THE LIMITATIONS Application is not intended to assist Customer in engaging in unlawful or morally objectionable activities. Therefore, Jelly Bean Solutions Inc. explicitly reserves the right to terminate Customer’s license if it comes to Jelly Bean Solution’s attention that Customer is using Application to participate in objectionable activities, which include, but are not limited to, the following:
• sending unsolicited email or spam;
• activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties;
• activities prohibited by the laws of Canada and the United States and/or foreign territories in which Customer lives or accesses the Internet;
• activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography;
• activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable;
• activities designed to impersonate the identity of a third party; or
• activities designed to harm minors in any way
COPYRIGHTS All rights to the Application, website templates, graphics, illustrations, forms, documentation and final website design are retained by the copyright owner. You are entitled to use this Application, the web templates, forms and documentation to build websites and post them to the Internet. The Application and any copies Customer is authorized to make are the intellectual property of the copyright owner. The source code and its organization and Application are protected by copyright, including Canadian Copyright Law. Except as expressly stated in Section 1 above, this Agreement does not grant Customer any rights in WebSite Tonight and all rights are reserved by the copyright owner. Jelly Bean Solutions Inc. expressly reserves the right to:
• Censor any website hosted on its servers that, in the Provider’s sole opinion, is deemed inappropriate.
• Review every Web Hosting account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those accounts that exceed allowable levels.
• Modify pricing through email notification.
• Terminate Customer’s license for unsolicited, commercial email or SPAM; illegal access to other computer networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and other activities whether lawful or unlawful that Jelly Bean Solutions determines to be harmful to subscribers, operations, its reputation, or otherwise.
• Terminate Customer’s license if Customer’s use of Application results in, or is the subject of, legal action or threatened legal action against Jelly Bean Solutions Inc. or any of its affiliates or partners, regardless of whether or not such legal action or threatened legal action is eventually determined to be with or without merit.
• The decision to terminate Customer’s license shall be made solely by Jelly Bean Solutions Inc., and in so doing, Jelly Bean Solutions Inc. shall not be required to consider the merits of legal action or whether threatened legal action will actually come to pass.