Terms & Conditions Binding Contract/Modifications/Conditional Use: The EntityStream Custodian and EntityStream Server system services you are about to install (the "Software") were created and are made available by EntityStream Ltd ("EntityStream"). By using the Software; downloading, installing or otherwise using any software and content made available in conjunction with the Software; or using any features of EntityStream (the "Application"), (1) you agree to be bound by the following terms, and (2) you represent (i) that you have been authorized to accept these terms on behalf of your employer or other organization (in which event "you" and "your" shall refer to you and your employer or other organization hereinafter called the "Licensee"), or (ii) that you intend only to be personally bound to the terms of this agreement. If you accept these terms on behalf of your employer or other organization, for whom you are authorized to act, you may use the Software only on behalf of your company. If you intend to be personally bound only, use of the Software is limited to your personal use. IF YOU ARE NOT SO AUTHORIZED OR DON'T AGREE TO THESE TERMS, YOU MAY NOT USE THE SOFTWARE, FEATURES OR FUNCTIONS. By using the Software or any features of the Software, you are creating a binding agreement between (EntityStream Ltd) and you, as well as your employer or other organization for whom you are acting. When ordering the Software, you will be required to designate an administrative contact (the "Administrative Contact"). The Administrative Contact shall be responsible for communicating all changes, notices and other information relating the use of the Software by any end-user within your organization. This agreement can be modified at any time by EntityStream by notifying the Administrative Contact (which may be done electronically). YOUR USE AFTER NOTICE CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED TERMS. IF YOU DO NOT AGREE WITH THE NEW TERMS, YOU ARE NOT PERMITTED TO CONTINUE USING THE SITE OR SERVICES. 1. Software License and Restrictions. Subject to these Terms, (EntityStream) grants you a single non-assignable, non-transferable and non-exclusive right and license to use its Software, and to access and use the Software, only for your personal use and/or business purposes. The Software is intended to be used for informational purposes only. When using this for operational or decision making purposes, you are responsible for verifying the accuracy of the results produced by the service. You agree that the Software contains confidential and trade secret information of EntityStream Ltd and its licensors and that you may not: disclose such confidential information to third parties; decompile or reverse engineer any Software code we may make available; modify the Software; or sell, assign, sublicense, redistribute, resell, or otherwise transfer any right in the Software unless such activity is expressly permitted or required by law or has been expressly authorized by EntityStream in writing and signed by a member of the board of directors of EntityStream Ltd. Notwithstanding the foregoing, you may copy and display, to your actual and prospective customers, captures of the data displays our Service generates from content you submit; provided, however, that such copy contain the unmodified logo, corporate name or other attribution depicted on each page of the Service, or an unmodified copy of our logo accessed, appendix 1, is pasted on each page of the data display. 2. End Users. You may grant access to the number, of purchased licenses, of end users (each an "End User") as designated by the administrative contact when ordering the Services. Each End-User will be provided with a separate log-in i.d. and password for the creation of an End-User account. Each End-User account may only be accessed by the End-User for whom such Services were ordered. You may add additional End-Users to your account at any time by ordering licenses for additional End-Users and paying the pro-rated license fee for the remainder if the license period for such additional End-Users. Prior to accessing the Services, each End-User shall agree to be bound by the End-User Code of Conduct. You shall be responsible for ensuring that all End Users using the Service pursuant to your account comply with the provisions of this Agreement and the End-User Code of Conduct. You agree that you are responsible for the actions of any End-Users accessing the Software, Services or Site through your account. You are responsible for informing End-Users of any changes to this Agreement, the Privacy Policy or any related agreements. 3. Evaluation License. In the event your license is to use the Software, Services and Site is for evaluation purposes only. EntityStream will not notify you prior to the end of the evaluation period. In the event that you desire to continue to use the Service and/or Software following the evaluation period, you will be required to agree to the terms of our paid Subscription or License Agreement and agree to pay the license or subscription fee for the Software and Service. It is the sole responsibility of the evaluation user license holder to maintain copies of any data you enter while using the evaluation license. At the end of the evaluation license all data will be lost unless your contract is extended to our paid subscription or enterprise license agreement. 4. Beta license. If the licensee is accepted into the current beta testing program EntityStream will provide to licensee access to beta and will grant licensee a personal, non exclusive, non transferable, royalty free term license to use Beta at the authorised and identified test sites solely for the purpose of testing beta as delivered in accordance with the beta testing guidelines and terms of this license agreement. This grant of license is effective from the date the license is accepted into the program and date of receipt of any beta until the date of the commercial release of software from EntityStream customer service, or the date of the termination of the beta testing program for the specific beta whichever is sooner. Licensee agrees to provide suggestions and comments regarding performance, usability, effectiveness, bug test reports or other feedback (collectively feedback to EntityStream with respect to beta. Beta and feedback contain confidential information and trade secrets that are the proprietary to EntityStream, licensee agrees to use commercially reasonable means (at least as great as those used by the licensee for its own confidential information) to maintain the integrity , confidentiality and EntityStream proprietary rights in Beta and feedback. Licensee may not share or release the feedback or results of beta testing with any third party. Beta is subject to change prior to its commercial release or may never be commercially released. Licensee acknowledges that Beta is not suitable or licensed for full use in any production system and accepts no responsibility for use and any results generated. 5.Code of Conduct/Right to Terminate: You will not post or distribute any materials that are abusive, libellous, defamatory, vulgar, profane, or obscene; or that are fraudulent or deceptive; or that violate anyone's copyrights or other intellectual property; or that violate anyone's confidentiality or privacy; or that harass, threaten, annoy, or are otherwise inappropriate. You will not post or transmit any advertising, promotional materials, or other forms of solicitation; post or transmit any file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone's computer; or take any action that imposes an unreasonably or disproportionately large load on our infrastructure or damages or disrupts the functioning of our systems or Services. You shall not sell, resell, rent or lease the Software. We reserve the right to increase our charges, or to require an enterprise license, with respect to any user or account holder whose use of our Site or Service is deemed by us to be excessive. You will comply with the software usage, data usage and privacy policies of their employer or other organization on whose behalf you are accessing the Services You will not use the Software in any manner that violates applicable local, state, national or international law. You are responsible for statements made and actions taken through the use of your password. You agree to immediately notify us of any actual or suspected unauthorized use of your username and password. We can terminate your access to the Software, at any time, without prior notice and at our sole discretion, (i) for failure to pay any fees or charges invoiced to you, (ii) for any other actual, apparent, threatened, or accused misconduct, or (iii) in our discretion for any reason. Thanks for reading this statement, if you have any questions, please send them to info@entitystream.com Third-party Licenses MOCHAUI LICENSE NOTICE Distributed under the MIT License: Copyright (c) 2011 Contributors: This software consists of voluntary contributions made by many individuals. For exact contribution history, see the revision history and logs, available at http://github.com/mui/mochaui Chris Doty (cdotyone@gmail.com) Greg Houstan (gregory.houston@gmail.com) Scott F. Frederick Joel Lindau Harry Roberts Marko Santic (marko@omnisdata.com) Paul Duncan (paul@pablotron.org) Aeron Glemann (Calendar) Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. JIT INFOVIS TOOLKIT NOTICE Copyright (c) 2012 Sencha Inc. - Author: Nicolas Garcia Belmonte (http://philogb.github.com/) Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.