INKLING HABITAT TERMS OF SERVICE

IMPORTANT: If you or the principal on whose behalf you are using Inkling Habitat (for example, your employer) has entered into a signed written agreement with Inkling (a “Signed Contract”) regarding your use of Inkling Habitat for your own purposes or their purposes (as applicable), the Signed Contract will be the binding agreement in effect with respect to your use of Inkling Habitat. If no such Signed Contract is in effect or if you are using Inkling Habitat for a project that is outside the scope of a Signed Contract (for example, if the Signed Contract was entered into by your employer and you are using Inkling Habitat for a personal project), then your use of Inkling Habitat will be governed by the terms and conditions that follow (the “Agreement”). You should carefully review the terms and conditions of this Agreement and/or the Signed Contract, depending on which is applicable to your use of Inkling Habitat.

If you create an Inkling Habitat account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in this Agreement and bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.

By using Inkling Habitat, you are agreeing to be bound by the terms and conditions of the Signed Contract or this Agreement (as applicable). If you do not agree to the terms and conditions of the Signed Contract or this Agreement (as applicable), do not use or access Inkling Habitat.

Please note that over time Inkling Habitat will change, and the terms and conditions of this Agreement will need to be updated to accommodate these changes. Accordingly, we reserve the right to make changes to these terms and conditions at our sole discretion. We will give you notice of the changes by email or by posting new terms with a revision date here. Please review Section 18 for information on when these changes will be effective and binding on you.

1. Inkling Habitat

Inkling Habitat is a cloud-based development environment made available to you by Inkling Systems, Inc. (“Inkling”). For clarity, “Inkling Habitat” also refers to (i) the specifications, patterns, widget templates, and other templates made available by, or on behalf of, Inkling to you through the development environment (“Templates”); (ii) all software of which the development environment is comprised or that is available for download through the development environment (collectively, the “Software”); (iii) all documentation now or hereafter made available to you through the development environment (the “Documentation”); and (iv) all content and fonts provided to you through the development environment.

Subject to the terms and conditions of this Agreement, you are granted a limited, non-exclusive, non-transferable license to use the features and functionality of Inkling Habitat expressly made available to you by Inkling, solely for the purpose of developing digital publications of content that you own, control or otherwise have all necessary rights to use.

Your use of Inkling Habitat must at all times comply with the Documentation. You are not permitted to sublicense, rent, lease, lend, sell, or redistribute any portion of Inkling Habitat. If you are a vendor user of Inkling Habitat, however, you may use Inkling Habitat to provide content development services to your customers for a fee, but only to the extent your customers also agree to the terms and conditions of this Agreement.

Inkling reserves the right at its sole discretion to modify the features and functionality of Inkling Habitat that are made available to you, including by adding or removing any feature at any time.

2. Fees

There are no up-front or recurring fees for using the version of Inkling Habitat that is provided to you under the terms of this Agreement, provided your use is at all times in accordance with the terms and conditions of this Agreement. Please review, however, the Distribution Obligations described in Section 4, which in most cases involves a fee assessed for each sale of your Work that is fulfilled through the Inkling Platform.

Please note that you must enter into a separate fee-based agreement with Inkling that supersedes this Agreement (an “Enterprise Agreement”) if you wish to engage in any of the following activities:

  1. use additional Inkling Habitat features (for example, API access);

  2. use Inkling Habitat to develop content that is intended for private distribution; or

  3. use Inkling Habitat to develop content that will be used primarily for marketing purposes.

In addition, Inkling may at its discretion grant written exceptions to the above clauses (b) and (c) on a case-by-case basis. To be considered for such an exception, please send information about the title you would like to develop, including a description of the subject matter and intended audience, to habitat-support@inkling.com.

3. Ownership

You agree to only use Inkling Habitat in connection with (a) content that you own or otherwise control; (b) content that is in the public domain or not copyrightable; or (c) content in which you are granted by the content owner all necessary rights to use.

Inkling will not acquire any ownership interest in any Work that you use in connection with Inkling Habitat. “Work” means content that you own, control or otherwise have license rights to use and upload to Inkling Habitat or content newly created using Inkling Habitat. Inkling’s rights to use your Work are limited to those rights expressly set forth in this Agreement and any other written agreement entered into by you and Inkling.

No ownership rights in Inkling Habitat are transferred or sold to you. As between you and Inkling, Inkling exclusively owns all right, title and interest in and to Inkling Habitat, including all intellectual property rights in Inkling Habitat. Inkling shall also exclusively own all intellectual property rights in (i) Inkling’s proprietary software platform for distributing and accessing digital content (the “Inkling Platform”) and (ii) any improvements, enhancements, modifications, new versions and derivative works of the foregoing or of Inkling Habitat, now or hereafter developed by or for Inkling.

Your use of Inkling Habitat shall not in any way restrict or impair Inkling’s rights in any portion of Inkling Habitat. For example, you are free to include Templates made available to you through Inkling Habitat in your Work, but you acknowledge that these Templates are owned by Inkling or its licensors and may be provided to other Inkling Habitat users or other third parties.

Please also note that any unsolicited feedback, ideas or suggestions you submit to Inkling will be subject to Inkling’s Idea Submission Policy, which is incorporated in this Agreement by reference.

4. Distribution Obligations

Under this Agreement, Inkling is providing you with access to Inkling Habitat at no charge on the condition that if you sell or otherwise distribute a Work developed using Inkling Habitat, you must grant Inkling a right to sell and otherwise distribute that Work via the Inkling Platform. To do so, prior to selling or otherwise distributing the Work outside of the Inkling Platform, you or another person with sufficient and necessary rights in the Work must: (a) enter into a legally binding agreement that grants Inkling the right to distribute and sell the Work (the “DCDA”), and (b) provide Inkling with all “go to market” information and other reasonable assistance requested by Inkling as part of Inkling Habitat’s “send to store” process ((a) and (b), the “Distribution Obligations”). Except as may otherwise be agreed in writing or in the case that distribution of the Work by Inkling is already covered by a legally binding agreement with Inkling, this Digital Content Distribution Agreement shall be deemed to be the “DCDA” referred to by this Agreement.

Please carefully review the DCDA before using Inkling Habitat to develop any Work that is intended for distribution. The DCDA grants Inkling the right to sell and distribute your Works via the Inkling Platform, in addition to other applicable terms and conditions. Among other things, the DCDA specifies the amounts you and Inkling will receive from sales of your Works that are fulfilled via the Inkling Platform.

To ensure compliance with the Distribution Obligations, exports of your Work from Inkling Habitat (e.g., to the EPUB format) may include a watermark indicating that your Work was developed using Inkling Habitat. Inkling will remove the watermark from these exports following compliance with the Distribution Obligations. You may not circumvent, attempt to circumvent, or assist others in circumventing the Distribution Obligations in any way, including, for example, by (a) obscuring or removing the watermark, whether manually or by utilizing a software script or other tool; (b) using Inkling Habitat solely as a content management system for your Works without also satisfying the Distribution Obligations for those Works; or (c) checking content out of Inkling Habitat for the purpose of using software scripts or tools to convert your content to third-party file formats, thereby avoiding distribution through the Inkling Platform. You may not develop any software script or other tool that directly or indirectly removes watermarks added by Inkling Habitat, and may not otherwise assist or enable another person in removing such watermarks.

Failure to comply with the Distribution Obligations prior to distribution of your Work (or the distribution of content derived from your Work) outside of the Inkling Platform or other breach of this Section 4 shall result in the immediate termination of this Agreement. Accordingly, Inkling reserves the right to remove all instances of such Work stored by Inkling Habitat and to terminate your access to Inkling Habitat and all access to the Inkling Habitat projects to which you have access rights.

For clarity, compliance with the Distribution Obligations is not required if a Work developed using Inkling Habitat is created solely for test purposes and not sold or otherwise distributed to individuals not involved in the development of your Work.

In the event you wish to engage in private distribution of your Work via the Inkling Platform, please contact us at habitat-support@inkling.com, as such requests are handled by Inkling on a case-by-case basis.

5. Access

To obtain access to Inkling Habitat, you will be prompted to create an account with login credentials. You are required to protect the security of your login credentials and should not share your login credentials with any other person.

As a part of Inkling Habitat, you will have the ability to create projects in Inkling Habitat and, as the creator or administrator of the project, authorize other Inkling Habitat users to access and modify content associated with these projects. At all times, it will be your responsibility to manage the list of users who have access to the project containing your Work and to revoke authorization from any Inkling Habitat user who you believe should no longer have access. Inkling is not responsible for the actions of any other Inkling Habitat user.

Similarly, other Inkling Habitat users may authorize you to access Inkling Habitat projects they have created or administer. You acknowledge that an administrator of a project may terminate your authorization at any time. Inkling is not responsible for the authorization decisions of a project administrator and all authorization requests and related inquiries should be directed to the project administrator.

Additionally, Inkling reserves the right to suspend the provision of Inkling Habitat to you and/or other users at its sole discretion, for causes including your engagement in, or Inkling’s suspicion that you are engaged in, any unauthorized conduct (for example, any violation of the terms of this Agreement or any applicable law or third-party right). You agree that Inkling shall not be liable to you or any third party if Inkling exercises the suspension rights provided for in this paragraph.

6. Maintenance and Support

As part of Inkling Habitat, Inkling will provide you with Documentation regarding the use of Inkling Habitat. Inkling may also provide ongoing technical support and updates, at its discretion. Except as set forth in this Agreement or as may be otherwise expressly agreed to in writing, Inkling shall not be required to provide you with any updates or maintenance or support services.

7. Transmission of Data

You acknowledge that use of Inkling Habitat requires a high-speed Internet connection and the Google Chrome internet browser, and that your Work and other data and content you submit to Inkling Habitat will be transmitted over the internet and other various networks. Inkling is not responsible for any data or content that is delayed, lost, altered, intercepted, or stored during the transmission of such data or content across networks not owned or operated by Inkling. You also expressly consent to Inkling’s storage, technical processing, and formatting of your Work to the extent necessary to provide you with the features and functionality of Inkling Habitat.

8. Use Restrictions

You are not permitted to use Inkling Habitat in connection with any content, data or information that you do not own or otherwise have all necessary rights to use.

Except with Inkling’s prior written consent or as expressly permitted under this Agreement or the Documentation, you will not, and will not cause or enable others to: (a) use Inkling Habitat in a manner inconsistent with the Documentation; (b) create any derivative works based on Inkling Habitat (including any Software or Documentation); (c) copy any code or reverse engineer, disassemble, decompile, derive the source code of, decrypt or modify any Software, except to the extent any of these restrictions are prohibited under applicable law; (d) use Inkling Habitat (including any Software or Documentation) to perform services for, or to otherwise provide the benefit of the Service or any Software to, a third party who has not agreed to the terms and conditions of this Agreement; (e) circumvent or bypass any software or hardware controls on the operation or behavior of Inkling Habitat or of any works created using Inkling Habitat; (f) sabotage, delete or otherwise intentionally destroy any portion of Inkling Habitat; (g) commercially sell or otherwise distribute the Templates or any downloadable software on a standalone basis, or in a manner that is otherwise apart from your Work; or (h) use Inkling Habitat (i) in a manner or in connection with content prohibited by applicable law, (ii) in a manner which would infringe or violate the rights of any third party (including Intellectual Property Rights, rights of privacy or any other personal or proprietary right), (iii) to create or otherwise incorporate content that contains libelous, defamatory, obscene, offensive, indecent, misleading, unlawful or deceptive material, or (iv) to include, disseminate or otherwise enable any viruses, Trojan horses, spyware, worms, malware, spam or malicious code (in each case, except to the extent that any of the foregoing restrictions are prohibited by applicable law).

Your Work may not include or link to any open source software that is made available under a license that would require the disclosure or distribution of any software owned or licensed by Inkling (including, without limitation, under any “copyleft” software license). To the extent your Work includes or links to open source software not prohibited by the previous sentence, you agree to comply with all license obligations applicable to such software. In particular, you must include all required notices and attributions in the front matter of your Work.

In addition, Inkling incurs significant out-of-pocket costs each time you use Inkling Habitat’s video encoding services. Therefore, Inkling reserves the right to restrict your access to such services, particularly if Inkling believes your use is excessive or unrelated to content development consistent with the spirit of this Agreement. Inkling will endeavor to notify you prior to restricting your access to the services unless your use of the services is believed to be abusive.

9. Take Down Notice and Procedure

Inkling will process and investigate proper notices of alleged copyright or other intellectual property infringement related to material, including any Work, displayed by Inkling Habitat, or residing on Inkling’s websites or servers and will respond appropriately, following the guidelines of the Online Copyright Infringement Liability Limitation Act and other applicable intellectual property laws. Where appropriate, and regardless of the merits of the alleged infringement, Inkling’s response may include removing or disabling access to any material claimed to be the subject of infringing activity. If Inkling removes or disables access in response to such a notice, Inkling may notify the person who provided the allegedly infringing material so that he or she can make a counter notification. Inkling will, following appropriate investigation, terminate or disable access by repeat infringers.

10. Third-Party Software and Materials

Inkling Habitat may now or in the future contain features designed to interoperate with third-party applications, content, systems, or services not supplied by Inkling (“Third-Party Product”). To use such features, you may be required to purchase, or obtain licenses or rights of access to, such Third-Party Products from the applicable providers. You are solely responsible for obtaining and maintaining such Third-Party Products consistent with the terms governing such Third-Party Products. To the maximum extent permitted by applicable law, Inkling does not provide any warranties, guaranties, or indemnification regarding any Third-Party Products, any third-party provider, or any content provided by third parties, whether or not such products, services, or content is designated by Inkling as “certified,” “validated,” or otherwise. Inkling does not have any responsibility or liability for any exchange of data or other interaction between you and a provider of a Third-Party Product, or any purchase by you of any Third-Party Product.

If the availability of all or a portion of Inkling Habitat depends on the availability of Third-Party Products, Inkling will not be liable to you if changes in Third-Party Products cause the unavailability of all or a portion of Inkling Habitat. Further, if the provider of any such Third-Party Product makes the Third-Party Product unavailable for interoperation with the corresponding Inkling Habitat features, Inkling may cease providing such features to you at its discretion.

Additionally, all fonts provided to you through Inkling Habitat are only for your use within the version of your Work that is distributed pursuant to the DCDA for use in connection with the Inkling Platform. You may be required to separately obtain a license from the applicable font owner if you wish to use a font in any other version of your Work (e.g., an EPUB version), regardless of whether the creation of such other version is supported by Inkling Habitat.

11. Usage Information & Privacy

You consent to Inkling’s monitoring of your use of Inkling Habitat and its collection and storage of any data or other information associated with your use of Inkling Habitat (“Usage Information”). For example, Usage Information includes metadata associated with edits and corrections you make, metadata associated with your Work, the features of Inkling Habitat that you utilize, and information about your computer and system.

You acknowledge and consent to Inkling’s use of this information for its internal purposes and for the determination of your compliance with the terms of this Agreement. For example, Inkling may use this information to improve Inkling Habitat or to provide you with additional features or services, including assistance with your support requests. If Inkling ever decides to disclose Usage Information to a third party, it will do so in a manner that does not personally identify you or your Work.

For clarity, your information will at all times be treated in accordance with Inkling’s Privacy Policy, which is incorporated into this Agreement by reference.

12. Publicity and Press Releases

Inkling is permitted to use your trademarks and logos solely to indicate that you are a licensed user of Inkling Habitat. Inkling will revise such use upon receiving a written request from you indicating that such use is inconsistent with your generally applicable trademark usage and branding guidelines.

13. Representations and Warranties

You represent, warrant, and covenant that (a) you have full right, power, and authority to enter into and fully perform this Agreement and will comply with the terms of this Agreement; (b) you possess all necessary rights in and to the content, information, data, and other materials you use in connection with Inkling Habitat; and (c) such use will not violate or infringe upon the intellectual property or proprietary or other rights of any person or entity, including, without limitation, contractual rights, copyrights, trademarks, common law rights, rights of publicity, or privacy or moral rights, or contain defamatory material or violate any laws or regulations of any jurisdiction.

14. Indemnification

In addition to any other remedy available to Inkling, you agree to indemnify, defend and hold harmless Inkling, its affiliates and their respective directors, officers, employees, contractors, distributors and agents (“Indemnified Parties”) from and against any and all losses, expenses, damages and costs (including reasonable attorneys’ fees) suffered or incurred by any Indemnified Party to the extent resulting from, arising out of or in connection with any breach of your representations, warranties or obligations set forth in this Agreement. You are not permitted to settle the claim or suit without Inkling’s prior written consent, which will not be unreasonably withheld. Further, Inkling at its sole expense may participate in the defense and settlement of the claim or suit with counsel of its own choosing.

15. Disclaimer

INKLING HABITAT AND ALL THIRD-PARTY MATERIALS ARE PROVIDED TO YOU “AS-IS.” INKLING MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO INKLING HABITAT OR ANY MATERIALS, DATA, SOFTWARE, PRODUCTS, OR CONTENT CONTAINED THEREIN, INCLUDING WITH RESPECT TO THE ACCURACY, ADEQUACY, TIMELINESS, OR COMPLETENESS THEREOF. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INKLING EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND STATUTORY OR OTHER WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THIS AGREEMENT AND ITEMS OR ACTIVITIES CONTEMPLATED HEREUNDER. INKLING DOES NOT WARRANT THAT INKLING HABITAT OR ANY THIRD-PARTY MATERIALS MEET YOUR REQUIREMENTS OR THAT USE OF THE SERVICE OR SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE.

16. Limitation of Liability

EXCEPT AS LIMITED BY APPLICABLE LAW, THE FOLLOWING SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND REGARDLESS OF THE LEGAL BASIS FOR A CLAIM: IN NO EVENT SHALL INKLING BE LIABLE TO YOU OR TO ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT. THE FOREGOING SHALL APPLY EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH INKLING HABITAT OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF INKLING HABITAT. IN ANY EVENT, INKLING’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO INKLING IN CONNECTION WITH YOUR USE OF INKLING HABITAT IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.

17. Termination

This Agreement is effective until terminated. Your rights under this Agreement will terminate immediately and without prior notice if you fail to comply with any of the terms and conditions set out in this Agreement. Further, Inkling reserves the right to terminate this Agreement if, at its sole discretion, it determines that you are using Inkling Habitat other than for its intended purposes, including by your failure to satisfy any of the Distribution Obligations.

Sections 3, 4, 8, 11, and 13-19 shall survive any termination or expiration of this Agreement. Upon termination of this Agreement, you will be required to cease all use of Inkling Habitat and destroy all copies of any Software or Documentation in your possession. Further, Inkling reserves the right to delete your Work and any other content or information stored by Inkling Habitat that you were authorized to access.

18. Changes to this Agreement

You are responsible for checking for updates to this Agreement. Your continued use of Inkling Habitat after we post changes will constitute your acceptance of the changes. If you do not agree to the changes, you must immediately cease using Inkling Habitat. All other changes to this Agreement shall be effective on the date posted, unless otherwise specified.

19. Miscellaneous

Unless you or your employer has entered into a Signed Contract regarding the use of Inkling Habitat in connection with Works controlled by you or your employer (as applicable), this Agreement shall comprise the entire agreement and understanding between you and Inkling regarding your use of Inkling Habitat with respect to such Works and supersedes all prior and contemporaneous agreements, whether written or oral, regarding such subject matter. In the case where you or your employer has entered into a Signed Contract for the use of Inkling Habitat in connection with Works controlled by you or your employer (as applicable), the Signed Contract shall control with respect to such Works. This Agreement and any matters hereunder shall be governed by and construed in accordance with the laws of the State of California, USA. Such application of law excludes any provisions of the United Nations Convention on Contracts for the International Sale of Goods, including any amendments thereto, and without regard to principles of conflicts of law. Any action or proceeding brought by either Party to enforce its rights under this Agreement shall be brought in the United States District Court for the Northern District of California or, if Federal jurisdiction is lacking, in a court in San Francisco County, California, USA. Each party consents to the jurisdiction and venue of these courts for any dispute alleging a breach of this Agreement, and waives any objection that such party may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same. If any provision of this Agreement is found partly or wholly illegal or unenforceable, such provision shall be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this Agreement shall remain in full force and effect. A waiver of any breach or default under this Agreement shall not constitute a waiver of any other right for subsequent breach or default. Neither party may assign this Agreement (whether by operation of law or otherwise), nor delegate any of its duties, in whole or in part, without the prior written consent of the other party; except that Inkling may assign any of its rights and obligations under this Agreement without consent. An assignee of this Agreement shall be bound by its terms. Any permitted assignment of this Agreement will be binding upon and inure to the benefit of the parties and their respective successors and assigns. Any assignment or delegation of duties in violation of the terms and conditions of this Agreement shall be null and void and of no force or effect. If any provision contained in this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree to execute, acknowledge, and deliver all such further instruments, and to do all such other acts, as may be necessary or appropriate in order to carry out the intent and purposes of this Agreement. You are responsible for any and all federal, state, dominion, provincial, or local sales, use, personal property, excise, value added, withholding, or other taxes, fees, or duties imposed by any government as a consequence of any supply made or deemed to be made to you in connection with this Agreement, excluding any taxes imposed against Inkling’s net income (if any). If you are part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure, or transfer of Inkling Habitat is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. Inkling Habitat is a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of Inkling Habitat by the Government shall be governed solely by the terms of this Agreement. You also acknowledge that Inkling Habitat and related technical data and services (collectively, "Controlled Technology") may be subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant laws and will not export or re-export any Controlled Technology in contravention to U.S. law, nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. All Controlled Technology is prohibited for export or re-export to Cuba, North Korea, Iran, Syria, and Sudan and to any country subject to relevant trade sanctions. Inkling shall not be responsible for any delay or failure in performance resulting from acts beyond its control, including an act of God, an act of war, a riot, an epidemic, fire, flood, or other disaster, an act of government, and a strike or lockout.

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND CEASE ALL USE OF INKLING HABITAT IMMEDIATELY.

Last updated: May 28, 2013