Flat Grey Wall License Agreement

The Flat Grey Wall web services, their associated website, related components, and documentation (the "SOFTWARE") are Copyright 2006-2011 by Howling Dynamo, Inc. (the "COMPANY") or its suppliers. All Rights Reserved.

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All copyrights and title to the SOFTWARE are owned and retained by the COMPANY or its suppliers. This License grants artist account holders (the "ARTISTS"), and other SOFTWARE users (the "VIEWERS"), collectively the "USERS", the following rights, subject to the following terms and conditions.

The COMPANY may, from time to time, amend this Agreement without notice to USERS. The current version of this Agreement can always be found at http://www.flatgreywall.com/license.html.

USERS may access the public parts of the website that provide the user interface to the SOFTWARE, free of charge, for any legal purpose.

USERS may not reverse engineer the SOFTWARE, except as permitted by applicable law. USERS may not commercially exploit or create derivative works of the SOFTWARE, or any portion of it, without the express written permission of the COMPANY, except as provided below.

The COMPANY may alter the SOFTWARE at any time, without notice, for any reason, or for no reason at all.

The COMPANY will provide server hosting for ARTISTS' work and management console ("organizer") access thereto (the "SERVICE") for a fee, paid monthly, in advance, starting after the one month free trial. However, ARTISTS, or the COMPANY, may terminate use of the SERVICE at any time, without notice, for any reason, or for no reason at all. If the SERVICE is terminated by the COMPANY, the COMPANY will, within thirty (30) days, refund any unused portion of the ARTIST'S monthly fee. If the SERVICE is terminated by the ARTIST, the termination will become effective at the end of the the monthly billing cycle.

The COMPANY may, at its sole discretion, terminate any USER'S use of the SOFTWARE at any time, without notice, for any reason, or for no reason at all.

Backups:

ARTISTS acknowledge that their use of the SERVICE is at their sole risk. COMPANY is not responsible for any files or data associated with artist accounts. ARTISTS agree to take full responsibility for files and data transferred, and to maintain all appropriate backup of files and data stored on COMPANY's servers.

Buying and Selling:

USERS acknowledge that all buying and selling transactions ARE STRICTLY BETWEEN THE BUYER AND THE SELLER, and that the COMPANY MAKES NO GUARANTEES CONCERNING COMMERCIAL TRANSACTIONS BETWEEN USERS.

Free Speech:

The COMPANY is an enthusiastic supporter of Free Speech. However, ARTISTS acknowledge that it is not the COMPANY'S responsibilty to protect their right to Free Speech. Specifically the COMPANY may, at its sole discretion, remove any website content, or cancel any artist account, should it be required by law, or for any other reason, or for no reason at all.

Limitation of Warranty and Liability:

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION, ARISING OUT OF USE OF OR INABILITY TO USE THIS PRODUCT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS COMPANY'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NO COMPANY DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.

Governing Law and Jurisdiction:

This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of New Mexico and the United States of America. USERS and COMPANY agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Fe, New Mexico in connection with any dispute relating to this Agreement or use of the SOFTWARE.

Severability:

If any portion of this Agreement is determined to be invalid or unenforceable, that portion shall be reformed only to the extent necessary to make it enforceable, and the remaining portions shall remain in full force and effect.

Last updated: 20110724