Software Publishing Agreement

These terms and conditions govern your provisioning and posting of software developed using the Bungee Labs' Software and/or Services to one of Bungee Labs Community Shares ("Share") in accordance with the Developer License Agreement and the Terms of Use of the Bungee Labs web site ("Site"). By clicking "I Accept," you ("User" "You" or "Your") acknowledge that You have read, understood, and agreed to be bound by the terms and conditions of the Developer License Agreement, the Terms of Use, this Software Publishing Agreement, as well as our Privacy Policy.

Publication of User Developed Software

The Services and Software from Bungee Labs may now or in the future permit the publishing of User developed software at Your direction ("Publications") to the Share and the hosting and sharing of such Publications with other registered users of the Services and Software under the Developer License Agreement. You understand that whether or not such Publications are shared, the Posts will not be treated as confidential information.

Bungee Labs Rights

Bungee Labs may remove any Publication and/or terminate your access for uploading such material that is in violation of this Agreement, the Developer License Agreement, and/or the Terms of Use at any time, without prior notice and at its sole discretion. Bungee Labs does not endorse any Publications and expressly disclaims any and all liability in connection with any Publication. 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 Publication for any reason including a reasonable belief that such Publication infringes on another's intellectual property rights or may function as an abusable resource. Bungee Labs also reserves the right to decide whether Publications are appropriate and comply with theTerms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography or obscene or defamatory material.

Warranties by User

You are solely responsible for the Publications You submit to the Share and any consequences of the publication of such Publications. In connection with any Publications You submit, affirm, represent, and/or warrant that You own or have the necessary licenses, rights, consents, and permissions to use and authorize Bungee Labs, in conjunction with its Services and Software, to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Publications to enable inclusion and use of Publications within the Services and Software in any manner contemplated by Bungee Labs. 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

You agree that Your Publications shall comply with the Bungee Labs licensing policies in effect at the time that your Publication is submitted for publication. By directing Bungee Labs to submit Your Publication to the Share, You hereby grant Bungee Labs a perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sub-licensable, irrevocable and transferable license to use, store, archive, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the Publication, including without limitation for promoting and redistributing part or all of the Services, Software and Site (and derivative works thereof) in any media formats and through any media channels.

In addition to granting these licenses to Bungee Labs, You understand that, depending on the access and use provisions ("Types" as defined below) of a Publication in the Share, Bungee Labs may permit other registered users to access, use, modify and prepare derivative works based on the Publication without Your consent. More specifically, a Publication's Type may be deemed as either: i) Type P (access limited to the user posting the Publication and their named designees within a workgroup), ii) Type E (access granted to allow other registered users to embed, without change, the Publication within other works), iii) Type R (access granted to other registered users without restrictions on subsequent derivative works of the Publication), or iv) Type L (access granted to other registered users with the restriction that any derivative work based on the Publication must also be published to the Share and deemed a Type L Publication). Furthermore, a Publication submitted as either Type R or Type L may never be changed to another Type, and may not be removed by You from the Share. You may, however, change a Type P Publication at any time to a Type R, Type E, or Type L, as well as change a Type E Publication to either a Type R or Type L, and at that time such Publication will be then available to all registered users for their access, use, and modification.

User Covenants

In connection with Your Publications, 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 publish the material and to grant Bungee Labs all of the license rights granted herein; (ii) submit a Publication that functions 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 or a smurf amplifier; (iii) submit a Publication that contains 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) publish advertisements or solicitations of business; (vii) submit a Publication 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.

Release and Waiver

To the maximum extent permitted by applicable law, you hereby release and waive all claims against Bungee, its employees, agents and representatives from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your Publication. If you are a California resident, you waive your rights under California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

Indemnity

You agree to defend, indemnify, and hold Bungee Labs 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 Publications. 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.

Miscellaneous

This Agreement is governed by the internal substantive laws of the State of Utah, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Salt Lake City in the State of Utah. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect. Failure by Bungee Labs to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against Bungee Labs unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. This Agreement will inure to the benefit of Bungee Labs' successors, assigns, licensees, and sub-licensees.