MITMAR CORPORATION END USER LICENSE AGREEMENT (EULA)
This is a legal CONTRACT between you (either as an individual user, corporation or single entity) and
MITMAR CORPORATION (hereinafter referred to as MITMAR), which covers your use of "TribalHut CRM"
and related software components.
All such software is referred to herein as the "SOFTWARE PRODUCT” or “SOFTWARE" A software license
issued to a designated user only by MITMAR or its authorized agents is required for each user of the
Software Product. If you do NOT agree to the terms of this EULA, please do not install the SOFTWARE
or uninstall SOFTWARE PRODUCT and immediately destroy all copies of the SOFTWARE PRODUCT in
By exercising your rights to install the SOFTWARE PRODUCT, you agree to be bound by the terms of this
EULA, including the limitations and warranty disclaimers.
1. GRANT OF NON-EXCLUSIVE LICENSE
This is a license agreement, and NOT an agreement for sale. MITMAR retains ownership of the copy of
THE SOFTWARE in your possession, and all copies you may be licensed to make. MITMAR retains all
rights not expressly granted to you in this LICENSE. MITMAR hereby grants to you, and you accept, a
non-exclusive, non-transferable license to use, copy and modify THE SOFTWARE only as authorized
Provided that you have accepted the terms contained herein, this EULA grants you the following rights:
a) MITMAR grants you a non-exclusive, non-transferable right to use the Software Product on your
DotNetNuke (DNN) installation based on your purchase history. One Production License is required to
install and use the Software Product on each DotNetNuke installation and each sub/child portal, A DNN
installation is defined as a single (1) DNN database which can host multiple child portals. These portals
may have their own unique web addresses, but they are managed from a single DNN host, you must
purchase an additional License for each extra DNN sub/child portal.
b) SOFTWARE PRODUCT includes reusable software such as controls, components, plug-ins, stylesheets,
etc. you may not use any of these independently of the SOFTWARE PRODUCT.
c) In no case shall you rent, lease, lend, redistribute nor re-license THE SOFTWARE PRODUCT or source
code to a 3rd party individual or entity, except as outlined above. In no case shall you grant further
redistribution rights for THE SOFTWARE PRODUCT to the end-users of your solution.
d) Any modifications made to the Software Product will render it non-supportable by MITMAR. You may,
at your discretion, contact MITMAR about distribution of the altered Software Product, and if agreeable
terms can be determined, the software product may be distributed according to the agreement. The
altered Software Product will become supported by the party designated in the agreement between
MITMAR and the user. Ownership of the altered SOFTWARE PRODUCT is transferred to the party
designated in the agreement between MITMAR and the user. You may not distribute or redistribute
changes made to the Software Product to anyone other than groups designated by the agreement
between MITMAR and the user. Contact MITMAR using the information included at the end of this
e) In the event that the source code for the Software Product is included, you may not share, use, or
reuse the knowledge or technologies in other applications without explicit approval from MITMAR.
f) This Software Product under special circumstances may be used in conjunction with a free evaluation
Software Product License. If you are using such an evaluation Software Product License, you may use the
Software Product only to evaluate its suitability for purchase. Evaluation Software has been limited in
some way either through timeouts, disabled save or restricted use. MITMAR BEARS NO LIABILITY FOR
ANY DAMAGES RESULTING FROM USE (OR ATTEMPTED USE AFTER EXPIRATION) OF THE SOFTWARE
PRODUCT AND HAS NO DUTY TO PROVIDE ANY SUPPORT BEFORE OR AFTER THE EXPIRATION DATE
OF AN EVALUATION LICENSE.
g) All rights not expressly granted to you are retained by MITMAR.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images,
photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE
PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned
by MITMAR except for certain portions for which MITMAR has obtained redistribution rights from the title
or copyright holder. The SOFTWARE PRODUCT is protected by U.S. copyright laws and international
treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted
3. INTELLECTUAL PROPERTY RIGHTS RESERVED BY MITMAR
The Software Product is owned by MITMAR and is protected by United States and international copyright
laws and treaties, as well as other intellectual property laws and treaties. You must not remove or alter
any copyright notices on any copies of the Software Product. This Software Product copy is licensed, not
sold. You may not use, copy, or distribute the Software Product, except as granted by this EULA, without
written authorization from MITMAR or its designated agents. Furthermore, this EULA does not grant you
any rights in connection with any trademarks or service marks of MITMAR. MITMAR reserves all
intellectual property rights, including copyrights, and trademark rights.
4. NO RIGHT TO TRANSFER
You may not rent, lease, lend, or in any way distribute or transfer any rights in this EULA or the Software
Product to third parties without MITMAR's written approval, and subject to written agreement by the
recipient of the terms of this EULA.
You hereby agree to indemnify MITMAR against and hold harmless MITMAR from any claims, lawsuits or
other losses that arise out of your breach of any provision of this EULA.
6. THIRD PARTY RIGHTS
Any software provided along with the Software Product that is associated with a separate license
agreement is licensed to you under the terms of that license agreement. This license does not apply to
those portions of the Software Product. Copies of these third party licenses are included in all copies of
the Software Product.
7. SUPPORT SERVICES
MITMAR may provide you with support services related to the Software Product. Use of any such support
services is governed by MITMAR policies and programs described in online documentation and/or other
As part of these support services, MITMAR may make available bug lists, planned feature lists, and other
supplemental informational materials. MITMAR MAKES NO WARRANTY OF ANY KIND
FOR THESE MATERIALS AND ASSUMES NO LIABILITY WHATSOEVER FOR DAMAGES RESULTING FROM
ANY USE OF THESE MATERIALS. FURTHERMORE, YOU
MAY NOT USE ANY MATERIALS PROVIDED IN THIS WAY TO SUPPORT ANY CLAIM MADE AGAINST
Any supplemental software code or related materials that MITMAR provides to you as part of the support
services, in periodic updates to the Software Product or otherwise, is to be considered part of the
Software Product and is subject to the terms and conditions of this EULA.
With respect to any technical information you provide to MITMAR as part of the support services,
MITMAR may use such information for its business purposes without restriction, including product
support and development. MITMAR will not use such technical information in a form that personally
identifies you without first obtaining your permission.
8. TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS
MITMAR may terminate this EULA if you fail to comply with any term or condition of this EULA. In such
event, you must destroy all copies of the Software Product and Software Product Licenses.
9. EXPORT RESTRICTIONS
You will not download, export, or re-export the Software Product, any part thereof, or any software, tool,
process, or service that is the direct product of the Software Product, to any country, person, or entity --
even to foreign units of your own company -- if such a transfer is in violation of U.S. export restrictions.
10. NO WARRANTIES
YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE "AS IS,"
AND MITMAR AND ITS THIRD PARTY SUPPLIERS AND LICENSORS MAKE NO WARRANTY AS TO ITS USE,
PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MITMAR
AND ITS THIRD PARTY SUPPLIERS AND LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS,
WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK
ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
11. LIMITATION OF LIABILITY
THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW. IN NO EVENT SHALL MITMAR OR ITS THIRD PARTY SUPPLIERS AND LICENSORS BE
LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS
INFORMATION) ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE
PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF MITMAR HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MITMAR'S, AND ITS THIRD PARTY SUPPLIERS'
AND LICENSORS', ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE LESSER
OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR THE PRODUCT LIST
PRICE; PROVIDED, HOWEVER, THAT IF YOU HAVE ENTERED INTO A MITMAR SUPPORT SERVICES
AGREEMENT, MITMAR'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY
THE TERMS OF THAT AGREEMENT.
12. GOVERNING LAW; ENTIRE AGREEMENT; DISPUTE RESOLUTION
This EULA is governed by the laws of the State of Florida, USA, excluding the application of any conflict
of law rules.
This EULA is the entire agreement between MITMAR and you, and supersedes any other communications
or advertising with respect to the Software Product. This EULA may be modified only by written
agreement signed by authorized representatives of you and MITMAR.
Unless otherwise agreed in writing, all disputes relating to this EULA (except any dispute relating to
intellectual property rights), will be resolved solely by binding arbitration conducted in the state of,
Florida in accordance with the Commercial Arbitration Rules of the American Arbitration Association. If
any part of this Agreement is deemed unenforceable by arbitration the remaining portion of this
Agreement shall continue in full force and effect. The prevailing party will be reimbursed for all
reasonable arbitration costs from the losing party. The laws of the State of Florida without regard to its
conflicts of laws shall be applied to this Agreement.
If any provision of this EULA is held invalid, the remainder of this EULA shall continue in full force and
A waiver by either party of any term or condition of this EULA or any breach thereof, in any one instance,
shall not waive such term or condition or any subsequent breach thereof.
14. OUTSIDE THE U.S.
If you are located outside the U.S., then the provisions of this Section shall apply. The parties confirm
that this EULA and all related documentation is and will be in the English language. You are responsible
for complying with any local laws in your jurisdiction which might impact your right to import, export or
use the Software Product, and you represent that you have complied with any regulations or registration
procedures required by applicable law to make this license enforceable. The United Nations Convention
on Contracts for the International Sale of Goods shall not apply.
15. SEVERABILITY CLAUSE.
In the event that a court of competent jurisdiction rules that any portion or this Agreement is invalid, void
or unenforceable, than such provision is deemed severed and removed from this Agreement and the
remainder of the Agreement shall remain in full force and effect.
16. ENTIRE AGREEMENT; AMENDMENT.
This Agreement supersedes any prior arrangements or understandings between the parties and
represents the entire Agreement and understanding of the parties with respect to the subject matter
hereof and shall not be varied, waived, amended, or supplemented except by an instrument in writing
executed by both parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement.
17. TITLES AND HEADINGS.
Titles and headings in this Agreement are for convenience only and shall not be deemed to alter or affect the
construction of any provision of this Agreement.
18. CONTACT INFORMATION
If you have any questions about this EULA, or if you need to contact MITMAR for any reason, please
direct all correspondence to: [email protected]