Community Edition: Licensing

Scalix Community Edition License

               SCALIX COMMUNITY EDITION LICENSE AGREEMENT

This is a software license agreement between you, which means your
organization, enterprise, or other association or you personally if you
intend to use Scalix Community Edition personally ("You") and Scalix,
Inc. ("Scalix", "We", or "Us"). Your acceptance of this license
agreement is required before installing and using Scalix Community
Edition.

No-Cost License & Limited Functionality

This license does not require that You pay anything to Scalix. Subject
to Your full compliance with all of the terms and conditions of this
Agreement, Scalix grants to You a non-exclusive, non-transferable
royalty-free worldwide license to install and use the Scalix Community
Edition solely with the Active Features (defined below). Scalix
Community Edition provides up to ten "full functionality" premium user
accounts, and an unlimited number of standard user accounts. You may
configure and use such accounts as You wish. Notwithstanding the
foregoing, You acknowledge that certain features of the Scalix Community
Edition may not be used without a Scalix Enterprise Edition or Scalix
Small Business Edition license. For a list of the active features that
You are permitted to use with the Scalix Community Edition license,
please see http://www.scalix.com/enterprise/products/compare.php
("Active Features").

You agree that You shall not use any prohibited or non-licensed features
("Non-Active Features") without first entering into the appropriate
license agreement with Scalix and using the license keys issued by
Scalix required in order to access and use such Non-Active Features.

Sharing Scalix Community Edition

You may not distribute, transfer, assign, loan, lease, or otherwise make
available the Scalix Software to any third party except in accordance
with the terms hereof. If You wish to share Scalix Community Edition
with others, You may do so provided that all of the terms of this
license agreement are followed and accepted by others.

Reselling Scalix Community Edition

If You wish to resell Scalix Community Edition, or otherwise offer
Scalix Community Edition to others or for others' use for a fee of any
sort, please contact Scalix Sales at info@scalix.com. You must contact
Scalix and receive the prior written approval of Scalix prior to
offering Scalix Community Edition to others for a fee.

Software Ownership; Software Protection

Your rights are defined in this license agreement. Except as otherwise
provided herein, Scalix and its licensors retain all right, title, and
interest in and to the Scalix Community Edition, including all
intellectual property rights therein or relating thereto. You agree that
You will not use any Non-Active Features of the Scalix Community
Edition. You agree that You will not reverse engineer, translate,
disassemble, decompile, modify, or otherwise derive the source code of
Scalix Community Edition, nor will You attempt to do so or permit others
to do so (except to the extent reverse engineering restrictions are
expressly prohibited by applicable local law, and then only to the
extent so prohibited or controlled). You agree that You will not "hack"
or otherwise attempt to modify the behavior of Scalix Community Edition
for any reason. You agree that You will not remove or alter any
copyright notices or other proprietary notices in Scalix Community
Edition or any documentation relating thereto.

From time to time Scalix may develop and release software or
documentation intended for use with Scalix Enterprise Edition or Scalix
Small Business Edition. You may not use nor attempt to use such software
in conjunction with Scalix Community Edition. The Scalix Community
Edition is intended for Your lawful use. You agree not to download,
install, or use Scalix Community Edition if so doing would be a
violation of applicable law. You agree not to publish performance
benchmark results for Scalix Community Edition without Scalix's prior
written consent. You may seek such consent by contacting Scalix at
info@scalix.com. 

Verification of Proper Usage and Remote Functionality

We expect that the vast majority of users of Scalix Community Edition
will comply with the terms of this license agreement. However, in order
to ensure that users are not wilfully violating any of the terms of this
agreement, You agree to cooperate with Us and produce any records or
other materials related to Your use of Scalix Community Edition upon our
reasonable request. You acknowledge that the Scalix Community Edition
includes features that will periodically send messages to Scalix with
certain statistical and other information about Your usage, including,
without limitation, the number of mailboxes You are using, Your version
of the Scalix Community Edition, the operating system that You are
using, and other hardware data.

Each time that the Scalix Community Edition sends such a message to
Scalix, Your system administrator will receive a copy of the message.
You hereby grant Scalix a perpetual, irrevocable right to use the
foregoing functionality to gather such information for aggregate,
statistical and compliance purposes.

Support and Updates

If You encounter difficulties in installing or using Scalix Community
Edition, We encourage You to visit our user forum at
http://www.scalix.com/forums/. We may from time to time offer support
plans for our Community Edition users. We may also issue updates,
patches, fixes, or enhancements to Scalix Community Edition, and such
updates may alter the functionality of Scalix Community Edition. If You
have opted to receive communications from Scalix, We will make
reasonable efforts to promptly notify You of the availability of such
updates.  You may upgrade to any new version of Scalix Community Edition
during the term of this license agreement, provided that Scalix shall
only provide support for the current version and one prior version.

Limited Warranty

Scalix warrants that, to the best of our knowledge, Scalix Community
Edition does not contain any virus, Trojan horse, worm, or other
malicious code. OTHER THAN THE FOREGOING WARRANTY, THE SCALIX COMMUNITY
EDITION SOFTWARE IS PROVIDED "AS IS" AND SCALIX AND ITS LICENSORS
EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR
ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF
TRADE.  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. 

Indemnity

If You desire an indemnification agreement of any sort from Scalix,
please contact Us to explore a purchase of Scalix Enterprise Edition or
Scalix Small Business Edition at info@scalix.com. Scalix does not
provide any indemnities for the Scalix Community Edition.

Termination of this License Agreement

You may terminate this license agreement, including your rights and
obligations contained herein, by uninstalling all instances of Scalix
Community Edition and destroying any copy or backup of the Scalix
Community Edition software, the downloaded installation package, and any
accompanying documentation. Scalix may terminate this license agreement
immediately if You breach the terms of this agreement, or in the event
that a court of competent jurisdiction determines that Scalix Community
Edition infringes the proprietary rights of a third party. Upon the
termination of this Agreement for any reason, You shall cease all use of
the Scalix Community Edition. 

Limitation of Liability

IN NO CIRCUMSTANCE WILL SCALIX OR ITS LICENSORS HAVE ANY LIABILITY TO
YOU OR ANYONE CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST
DATA, EQUIPMENT DOWNTIME, IN ANY WAY ARISING OUT OF THIS LICENSE
AGREEMENT OR THE INSTALLATION OR USE OF SCALIX COMMUNITY EDITION,
HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF SCALIX HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL
SCALIX'S CUMULATIVE LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED
FIVE-HUNDRED DOLLARS ($500.00). THESE LIMITATIONS SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. THE
PARTIES ACKNOWLEDGE AND AGREE THAT THIS SECTION IS AN ESSENTIAL ELEMENT
OF THE BARGAIN AND ABSENT THIS SECTION THE ECONOMIC TERMS OF THIS
AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT. 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.

U.S. Government Usage

If this license is acquired under a U.S. Government contract, use,
duplication, and disclosure of Scalix Community Edition and any
accompanying documentation by the U.S. Government is subject to
restrictions set forth in this license agreement, which incorporates all
applicable FAR provisions; without limitation, You agree that Scalix
Community Edition is delivered as "commercial computer software" as
defined in DFARS 252.227-7014 (June 1995) or as a "commercial item" as
defined in FAR 2.101(a), or as "restricted computer software" as defined
in FAR 52.227-19 (Jun 1987) (or any equivalent agency regulation or
contract clause), whichever is applicable. If Scalix Community Edition
is licensed for use in the performance of a U.S government prime
contract or subcontract, You agree that Scalix Community Edition has
been developed entirely at private expense. You agree that Scalix
Community Edition is adequately marked when the restricted rights legend
below is affixed to software or to its storage media and is perceptible
directly or with the aid of a machine or device. You agree to
conspicuously put the following legend on the Scalix Community Edition
media with your name and address added below the notice:

"RESTRICTED RIGHTS LEGEND

Use, duplication or disclosure is subject to Scalix's and its licensors'
standard commercial license terms and for non-DOD Departments and
Agencies of the U.S. Government, the restrictions as set forth in FAR
52.227-19(c)(1-2)(Jun 1987).

Scalix, Inc.  149 Madison Avenue Suite 302 New York, NY 10016 USA.
Copyright (c) 2007-2008 Scalix, Inc. All Rights Reserved."


Export

If You export, re-export or import Scalix Community Edition, You assume
responsibility for complying with applicable laws and regulations and
for obtaining required export and import authorizations.

Miscellaneous

This Agreement constitutes the complete agreement between the parties
with respect to the use of the Scalix Community Edition software
licensed hereunder and supersedes all prior or contemporaneous
understandings regarding such subject matter. This Agreement may be
amended only by a writing executed by a senior officer of Scalix. The
failure of Scalix to act with respect to a breach of this Agreement by
You or others does not constitute a waiver and shall not limit Scalix's
rights with respect to such breach or any subsequent breaches.  Scalix
expressly reserves the right to assign this Agreement and to delegate
any of its obligations hereunder. You may not assign, delegate or
otherwise transfer (whether by operation of law or otherwise) this
Agreement or any of Your rights or obligations hereunder without the
prior written consent of Scalix. If any provision of this license
agreement is unenforceable, such provision will be changed to accomplish
its objectives to the greatest extent possible under applicable law and
the remaining provisions will continue in full force and effect.
Exclusive jurisdiction and venue of any actions arising out of, or
relating to or in any way connected with this license agreement or
Scalix Community Edition will be in New York County, New York if in
state court, and in the Southern District of New York if in Federal
Court. Your and our respective rights and obligations under this license
agreement shall not be governed by the provisions of the 1980 United
Nations Convention on Contracts for the International Sale of Goods or
the United Nations Convention on the Limitation Period in the
International Sale of Goods, as amended. This license agreement will be
governed in all respects by the laws of the State of New York, without
application of its conflicts of laws principles, and without regard to
the provisions of any state Uniform Computer Information Transactions
Act or similar federal or state laws or regulations. You agree that any
rule of construction to the effect that ambiguities are to be resolved
against the drafting party will not be applied in the construction or
interpretation of this license agreement.

IF I AM DOWNLOADING THE SOFTWARE, THEN BY CLICKING BELOW, I AM
INDICATING THAT I HAVE READ, UNDERSTOOD AND AM AGREEING TO THE TERMS AND
CONDITIONS OF THIS AGREEMENT.