END USER LICENSE AGREEMENT - READ CAREFULLY

  1. Agreement. By using the Beehive Software (“The Beehive”), you agree to be bound by the terms of this End User License Agreement (this "EULA"). If you do not agree to the terms of this EULA, do not use or access our Software.

  2. What this EULA Covers. This EULA covers the Beehive Software product, which may include computer software, associated media, hardware, printed materials, and electronic documentation (collectively, the "Web-based Program"). The Web-based Program also includes any updates and supplements to the original Web-based Program provided to you by Craigman Digital, Inc..

  3. Meaning of "You." If the person accessing this Web-based Program is an individual using it for his or her own business purposes, "you" means the person using this software. If the person accessing this Web-based Program is doing so in furtherance of the purposes of another person, including an organization (whether or not the employer or the person) then "you" means both the person accessing this software and the other person, including an organization. No person accessing the software for another may do so unless the person accessing the software is authorized to bind the other person, including an organization, and failure to be so authorized will result in unauthorized use of the software subject to civil and criminal consequences.

  4. The Parties to this EULA. This EULA is a legal agreement between you and Craigman Digital, Inc. ("Craigman Digital").

  5. Nature of this EULA. The Web-based Program is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Web-based Program is licensed, not sold.

  1. GRANT OF LICENSE

    Craigman Digital grants to you a nonexclusive license to use the Web-based Program which includes but is not limited to the following features for your business: project management, progress reporting, encoding requests, scheduling requests and views and queries into your business needs that are fulfilled by Craigman Digital.

  2. LICENSE FEE

    As of the effective date of this EULA, there is no fee for the license for the Web-based Program. Craigman Digital reserves the right to implement a license fee at a later date.

  3. PROGRAM UPDATES

    Craigman Digital may from time to time update the Web-based Program and/or this EULA and require that you re-accept the EULA. If you do not accept the new EULA, you will not be able to access the updated version of the Web-based Program.

  4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

    1. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Web-based Program.
    2. Separation of Components. The Web-based Program is licensed as a single product. Its component parts may not be separated for use on more than one computer and must be presented to the user in the whole form as distributed by Craigman Digital or its designated suppliers.
    3. Rental or Sale. Without exception you may not rent, sell, lease, lend or provide commercial or fee-based hosting services for the Web-based Program or otherwise charge any type of access fee to users in exchange for access to the Web-based Program.
  5. USERNAME AND PASSWORD

    Upon registering for the Web-based Program, you will automatically be assigned a username that consists of your email address and a password that is created by you. Craigman Digital cannot recover your password. In the event that you share your password, or if it is stolen, Craigman Digital is not responsible for any loss associated with another person using your Beehive account. You agree to indemnify and hold harmless Craigman Digital for any problems or loss of data or content that may occur in conjunction with the use of The Beehive.

  6. TERMINATION

    Without prejudice to any other rights, Craigman Digital may terminate your license for any reason, including but not limited to your failure to comply with the terms and conditions of this EULA. In such event, you must immediately stop accessing the Web-based program, and destroy all copies of the Web-based Program and all of its component parts in your possession or under your control. You will be given fifteen (15) days from the date notice date of your license termination to download any and all data from the Web-based Program. Craigman Digital is not liable or responsible for the loss of any data.

  7. COPYRIGHT

    Except for the limited license rights granted in this EULA, all right, title, and interest in and to the Web-based Program (including, but not limited to, any images, photographs, animations, video, audio, music, text, or computer code incorporated into the Web-based Program), the accompanying printed materials, and any copies of the Web-based Program are owned by Craigman Digital. All rights in and to the content that may be accessed through use of the Web-based Program is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants no rights to use such content beyond the license described herein. All rights not expressly granted are reserved by Craigman Digital and/or the owner(s) of the Web-based Program or other materials. This EULA does not grant you any rights in connection with any trademarks or service marks of Craigman Digital.

  8. CONSENT TO USE OF DATA

    You agree that Craigman Digital and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Web-based Program and to verify compliance with the terms of this License. Craigman Digital may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

  9. U.S. GOVERNMENT RESTRICTED RIGHTS

    The Web-based Program and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth is subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.

  10. EXPORT RESTRICTIONS

    You may not export or re-export the Web-based Program, any part thereof, or any process or service that is the direct product of the Web-based Program (the foregoing collectively referred to as the "Restricted Components"), to any country, person, entity, or end user subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any end user who you know or have reason to know will utilize the Restricted Components in the design, development, or production of nuclear, chemical, or biological weapons; or (iii) to any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. Government. You represent and warrant that no governmental authority has suspended, revoked, or denied your export privileges.

  11. NO ADDITIONAL WARRANTIES

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS EULA, CRAIGMAN DIGITAL PROVIDES THE WEBBASED PROGRAM WITH ALL FAULTS; THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU; AND CRAIGMAN DIGITAL MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, EVEN IF THAT PARTY HAS BEEN MADE AWARE OF SUCH PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM CRAIGMAN DIGITAL OR THROUGH THE USE OF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. CRAIGMAN DIGITAL DOES NOT WARRANT THAT ANY FUNCTIONS OF OUR WEB-BASED PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS. CRAIGMAN DIGITAL MAKES NO WARRANTIES ABOUT THE ACCURACY, INTEGRITY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. YOU (AND NOT US) ASSUME THE COST OF ALL NECESSARY CORRECTIONS OR REPAIR.

  12. LIMITATION OF LIABILITY

    IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) EXCEED ONE MONTH’S USAGE. CRAIGMAN DIGITAL DOES NOT WARRANT THAT THE WEB-BASED PROGRAM WILL OPERATE ERROR-FREE OR THAT THE WEB-BASED PROGRAM AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB-BASED PROGRAM OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OR TOTAL LOSS OF DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS OR LOSSES.

    1. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBBASED PROGRAM, THE INTERNET GENERALLY, AND FOR YOUR CONDUCT ON AND OFF THE WEB-BASED PROGRAM.
    2. IN NO EVENT SHALL CRAIGMAN DIGITAL (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEB-BASED PROGRAM AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CRAIGMAN DIGITAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    3. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN CRAIGMAN DIGITAL'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
    4. IN NO EVENT SHALL CRAIGMAN DIGITAL (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US $200.00.
    5. DUE TO THE NATURE OF THIS AGREEMENT, IN ADDITION TO MONEY DAMAGES, YOU AGREE THAT CRAIGMAN DIGITAL WILL BE ENTITLED TO EQUITABLE RELIEF UPON A BREACH OF THIS AGREEMENT BY YOU.
  13. INDEMNITY, HOLD HARMLESS AND RELEASE

    You agree to indemnify, defend and hold harmless Craigman Digital from and against any and all liability, claims, costs and expenses (including, without limitation, reasonable legal fees and expenses), alleging or resulting from your use of this Web-based Program in violation or breach of the EULA or any applicable laws.

  14. GOVERNING LAW AND VENUE

    The EULA is governed by the laws of the State of California. Any dispute arising out of this Policy shall have sole, exclusive venue in the courts located in Los Angeles County, California.

  15. ATTORNEY FEES

    In the event that Craigman Digital must take legal action to enforce the terms of the EULA, you shall be responsible for Craigman Digital’s reasonable attorney fees and court costs.

  16. INVALIDITY, WAIVERS

    If any provision or portion of this EULA is held invalid, illegal, void or unenforceable as it appears in this EULA by reason of any rule of law, administrative or judicial provision or public policy, then such provision shall be construed as being enforceable to the extent such rule of law, administrative or judicial provision or public policy allows. All other provisions of this EULA shall nevertheless remain in full force and effect. Neither of the parties shall be deemed to have waived any of its rights, powers or remedies hereunder unless the waiving party expresses such a waiver in writing.

  17. COMPLETE AGREEMENT

    This EULA constitutes the entire agreement between Craigman Digital and you and governs your use of the Web-based Program provided by Craigman Digital. This EULA supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof [End of Licensing Agreement – Updated 11/23/2012]