Application Deployment Agreement

These terms and conditions govern Your access to, use, modification and submission of software developed using the Bungee Labs' Software and/or Services and use of software from the Bungee Labs Share ("Share") in accordance with the Developer License Agreement, the Software Publishing Agreement, and the Terms of Use of the Bungee Labs web site (the "Site"). By clicking "I Accept," you ("You" or "Your") acknowledge that You have read, understood, and agreed to be bound by the terms and conditions of the Terms of Use, the Developer License Agreement, the Software Publishing Agreement, this Application Deployment Agreement, as well as the Bungee Labs Privacy Policy.

Deployment of User Developed Applications

Subject to the terms of the Terms of Use, the Developer License Agreement, the Software Publishing Agreement and this Agreement, the Site and Services permits and enables, at Your direction, the deployment of software applications ("Deployed Applications") to the Bungee Labs hosted run-time environment. Upon such direction, Your entry into a billing arrangement with Bungee Labs and payment of the requisite fees, the Site and Services enables and permits the use of the Deployed Applications by others ("End Users").

Bungee Labs Rights

Bungee Labs may remove any Deployed Applications and/or terminate Your access for deploying material or acting in violation of the Developer License Agreement, the Software Publishing Agreement, the terms of this Agreement, and/or the Terms of Use at any time, without prior notice and at its sole discretion. Bungee Labs does not endorse any Deployed Applications and expressly disclaims any and all liability in connection with any Deployed Applications. Bungee Labs does not permit copyright infringing activities, infringement of intellectual property rights or the abuse of computing resources on the Site. Bungee Labs may remove any Deployed Application for any reason including a reasonable belief that such Deployed Application infringes on another's intellectual property rights or may function as an abusable resource. Bungee Labs also reserves the right to decide whether Deployed Applications are appropriate and comply with the Terms of Use for violations other than infringement of intellectual property rights, such as, but not limited to, pornography or obscene or defamatory material.

Warranties

You are solely responsible for the Deployed Applications You deploy using the Site and/or Services and any resulting consequences of such deployment, including the use of such Deployed Applications by third parties. In connection with any Deployed Applications You deploy, You affirm, represent, and/or warrant that: (i) You own or have all the necessary licenses, rights, consents, and permissions to use and to authorize End Users to use the Deployed Application subject to an End User License Agreement; (ii) You have no knowledge of any claims related to the Deployed Applications or any components included therein; (iii) the deployment of the Deployed Applications does not infringe any trade secret, copyright; and (iv) you have no knowledge that the Deployed Application infringes any patent, trademark, or other proprietary right of any third party. You also represent and warrant that you are over the legal age of consent to agreements in your jurisdiction or that your guardian has consented to this agreement on your behalf.

Licenses

Subject to the terms and conditions of the Developer License Agreement, the Software Publishing Agreement and the terms of this Agreement, Bungee Labs grants You a non-exclusive, non-transferable license to:

a. Deploy Applications developed using the Bungee Labs Software and Services for use by End Users on a private access network and the public Internet.;

b. Grant runtime licenses to use the Deployed Applications to End Users subject to an End User License Agreement, that at a minimum, grants End Users the necessary rights to use the Deployed Application, commits End Users to the terms of the Bungee Labs Application Client End User License Agreement, limits the End User's ability to use the Deployed Application only for lawful and non-malicious purposes, effectively disclaims all claims that Your End Users may assert against Bungee Labs for any reason, and indemnifies Your End Users from any third party claims relating to their use of the Deployed Application; and

c. Remove Deployed Applications any time so that such Deployed Applications are no longer accessible and used by End Users on a private network or public Internet.

Your Covenants

In connection with Your Deployed Applications, You agree that You will not: (i) submit any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant Bungee Labs all of the license rights granted herein; (ii) submit Deployed Applications that function as an abusable or open resource or that violates the terms of service or use of a third party, including, but not limited to, an open newsserver, an unsecured mail relay, a smurf amplifier, or an interface to third-party resources without permission; (iii) submit Deployed Applications that contain viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, network or personal information; (iv) publish falsehoods or misrepresentations that could damage Bungee Labs or any third party; (v) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (vi) post advertisements or solicitations of business; (vii) submit any material that is intended for use as or could reasonably be deemed to be intended for use in the operation of nuclear facilities, life support, aircraft control, military or other mission critical applications where human life or property may be at stake, or(viii) impersonate another person.

Indemnity

You agree to defend, indemnify, and hold Bungee Labs and the End Users of Your Deployed Applications harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from any breach of the warranties and covenants above with respect to Your Deployed Applications. Bungee Labs shall provide notice to You of any such claim, suit, or proceeding and assist You, at Your expense and, in defending any such claim, suit or proceeding. Bungee Labs reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, You agree to cooperate with any reasonable requests assisting Bungee Labs' defense of such matter.

Limited Warranty and Limitation of Liability

You expressly agree that use of the Services and the Software are provided to you at your sole risk and on an "as is" basis without warranty of any kind and that Bungee Labs is not responsible for any damage to your or an End User's computer system or loss of data that results from such use. Without limiting the foregoing, Bungee Labs makes no warranty that the Services, Software, Deployed Applications, or data pertaining thereto ("Application Data") will meet Your requirements or those of any End Users, or that the Services or the Software or any Application Data will be available in an uninterrupted fashion, timely, or error free, nor does Bungee Labs make any warranty regarding the results that may be obtained from the use of the Services or the Software or the accuracy of any other information obtained through the Services or the Software or that defects in the Services or the Software will be corrected.

Under no circumstances and under no legal theory, whether in tort, contract, or otherwise, shall Bungee Labs be liable to You, any End User or any other person or entity for any indirect, special, incidental, consequential or punitive damages of any character, including, without limitation, damages for loss of goodwill, lost profits, lost sales or business, work stoppage, computer failure or malfunction, lost data, or for any and all other damages or losses, even if a representative of Bungee Labs has been advised, knew or should have known of the possibility of such damages. Under no circumstances and under no legal theory, whether in tort, contract, or otherwise, shall Bungee Labs be liable to You in connection with the Services, the Software, or this Agreement, for any amounts greater than those amounts paid to Bungee Labs by you under this Agreement for provision of the Services and Software.