foldier Software License Agreement

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE FOLDIER SOFTWARE. BY USING THE FOLDIER SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, DO NOT CONTINUE THE SIGN IN PROCESS AND LEAVE THIS SITE IMMEDIATELY.

IMPORTANT NOTE: This software may be used for remote access to files for sharing between and/or among users or computers. Remote access of copyrighted materials is only provided for lawful personal use or as otherwise legally permitted. If you are uncertain about your right to copy or permit access to any material you should contact your legal advisor.

1. General. The software, documentation and any fonts accompanying this License (collectively the "foldier Software") are licensed, not sold, to you by foldier, inc. ("foldier") for use only under the terms of this License, and foldier reserves all rights not expressly granted to you. The rights granted herein are limited to foldier's and its licensors' intellectual property rights in the foldier Software and do not include any other patents or intellectual property rights. You own the media on which the foldier Software is used but foldier and/or foldier's licensor(s) retain ownership of the foldier Software itself. The terms of this License will govern any software upgrades provided by foldier that replace and/or supplement the original foldier Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

2. Permitted License Uses and Restrictions. This License allows you to install and use the foldier Software. The foldier Software may be used to share materials so long as such use is limited to sharing of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to share. You may not make the foldier Software available over a network where it could be used by multiple computers at the same time. You may not make any copy of the foldier Software. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the foldier Software or any part thereof. THE FOLDIER SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF ANY EQUIPMENT IN WHICH THE FAILURE OF THE FOLDIER SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

3. Transfer. You may not rent, lease, lend or sublicense the foldier Software to anyone

4. Consent to Use of Data. You agree that foldier may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the foldier Software and to verify compliance with the terms of this License. foldier may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

This software enables access to data created, used, or stored by you and/or by others on a storage location belonging or controlled by you or by a third party (collectively and individually, "Services"). You understand that foldier is not a data storage service and that foldier is not responsible for ensuring the privacy of your data. You also understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use the Services at your sole risk and that foldier shall have no liability to you for content that may be found to be offensive, indecent, or objectionable, or for any loss or disclosure of data. Use of Services may include access to materials from third parties or links to certain third party web sites. You acknowledge and agree that foldier is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. foldier does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that foldier is not in any way responsible for any such use by you.

You agree that the Services, including but not limited to graphics, audio clips, and editorial content, contain proprietary information and material that may be protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

foldier and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will foldier be liable for the removal of or disabling of access to any such Services. foldier may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

5. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from foldier if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the foldier Software and destroy all copies, full or partial, of the foldier Software.

6. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE FOLDIER SOFTWARE (AS DEFINED ABOVE) AND SERVICES (AS DEFINED BELOW) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FOLDIER SOFTWARE AND SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FOLDIER AND FOLDIER'S LICENSORS (COLLECTIVELY REFERRED TO AS "FOLDIER" FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE FOLDIER SOFTWARE AND SERVICES, 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, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, VIOLATION OF PRIVACY, DISCLOSURE OF DATA AND LOSS OF DATA. FOLDIER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE FOLDIER SOFTWARE OR SERVICES, THAT THE FUNCTIONS CONTAINED IN THE FOLDIER SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE FOLDIER SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE FOLDIER SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FOLDIER OR AN FOLDIER AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE FOLDIER SOFTWARE OR SERVICES 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 FOLDIER BE LIABLE FOR PERSONAL INJURY, OR 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 FOLDIER SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF FOLDIER 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 foldier'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). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

8. Export Control. You may not use or otherwise export or reexport the foldier Software except as authorized by United States law and the laws of the jurisdiction in which the foldier Software was obtained. In particular, but without limitation, the foldier Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the foldier Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.

9. Government End Users. The foldier Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

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. 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; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the foldier Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, with the exception of any additional terms and conditions you are required to accept if you choose to use foldier's online store which will govern your use of such store and any Services you purchase through that store. No amendment to or modification of this License will be binding unless in writing and signed by foldier. 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.

Last revised: January 25, 2007