Welcome to Frontal

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Rich Media Fast & Easy Introducing Frontalâ"an intuitive markup & scripting language that generates Flash. Now you can create interactive content, sites, and apps with a few lines of text.

Online portfolios And much more

1. Create an Account
2. Modify Existing Code
3. Host for Free or Deploy Get Started

One Hawthorne Luxury Residences View Site New York Magazine Online Media Kit View Site Lincoln Park 2520 View Site

Video 1 | Video 2

"This looks fantastic! Iâll definitely give it a go."
@Pixelrockit "Awesome, Frontal looks interesting!"
@DanielApt "Digging this frontal business."
@tabangcora "How neat!"
@anniebme "Really nice !!!
Sign me up ! ;)"
@devilcantburn "this is sick!!"
@gmali90 "This is a great tool!!"
@tweenout "This is epic!"
@EvLSnoopY "Canât wait to try my hands on this"
@rjoshicool "Interesting standards based approach."
@allthingsmotion "Love this!"
@kathleensulli "Wow, exactly what I need."
@greystockton "Awesome."
@faisal18 "I can't wait to get my hands on Frontal!"
@fractma

Join the New Wave of Rich Media Design We've been working on Frontal for over five years now. In fact, a number of major sites started running the first version of the language back in 2007. From then on, it became clear that we were on to somethingâ"a way for rich media designers to create and collaborate like never before.

Flash should be simple & easy.
Designers shouldn't have to toil their way through multiple development environments to get something running.

Rich media needs to be web-native.
Full SEO, deep linking, and seamless integration with web standards like HTML and JavaScript should be the norm.

Rich media should be easy-to-maintain, reusable, and fully customizable.
Recreating the wheel every time is no fun.

To make this happen, we created a new approach to web-based rich media designâ"an intuitive markup & scripting language that generates Flash.

Frontal is based on the same transparent web standards as HTML and JavaScript. But instead of being converted into standard web pages, Frontal markup & script is converted into Flash content, video, animations, sites and apps.

1. Designer writes a Frontal document
(a block of code)

2. A small file on the websiteâs server
called the Frontal SWF reads it and
converts it to Flash

3. The Flash is rendered on any
browser with a Flash plug-in
(99% of all browsers have one)

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Frontal consists of simple tags and scripts that do powerful thingsâ"things that usually require a huge amount of Flash development time & effort. And you can even create your own custom tags to do the things we haven't thought of yet.

We also endowed Frontal with a rich media style sheet engine that's very similar to CSS, but much, much better. Letting you build extensive rich media websites with fluid layouts in no time. Remember how painful / impossible it is to update or revise Flash pages? No longer.

Frontal is completely flexibleâ"you can embed a Frontal document (a block of code) into HTML, Flash, or within another Frontal document. You can also embed Flash and Flash-supported HTML within Frontal.

1. Multiple Frontal documents
within an HTML page

2. Frontal documents within a Flash file

3. Frontal documents within a
Frontal document

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Frontal lets you:
x

Do the complex things Flash can do with a few lines of text

Easily maintain, update, reuse, and customize rich media

Review your designs in real-time

Build Flash content that's fully indexable by search engines

Deep link to rich media content like images and video cue points

Create fluid layouts as well as full browser & full screen layouts

Optimize asset loading so that pages render fast

Do everything from rapid prototyping to final production in one environment

Easily work with Flash, ActionScript, Papervision3D and JavaScript libraries

Implement multilingual support within one layout

Use Frontal

Workspace & Hosted Service
For prototyping, development, and sharing. Encompasses:

Frontal Workspace: online development environment that includes a real-time code editor, code debugger, and personal project archive

Full access to Frontal documentation: tutorials, user's guide, reference indexes, code cookbook

Unlimited hosted URLs: share projects/portfolios with others—includes search engine indexability and deep linking

New Frontal code releases

User forums

Frontal ActionScript interpreter

Free

Single License
For running Frontal on your site. Encompasses the above, plus:

Single Frontal deployment: one perpetual Frontal SWF license for a single external domain

Frontal SEO Converter: converts Frontal code into HTML

Enables site analytics

Email technical support

$39/domain
# of licenses:

Unlimited Subscription
For running Frontal on any number of sites. Encompasses the above, plus:

Unlimited Frontal deployments: perpetual Frontal SWF licenses for external domain deployments (you own the licenses even after your subscription expires)

$99/year
# of subscriptions:

Customization Subscription
For running and customizing/integrating Frontal on any number of sites. Encompasses the above, plus:

Frontal rendering library and documentation

All Frontal extension releases

Advanced user forums

Unlimited phone technical support via email appointments

$399/year *

SEO Module License
For CMS and user generated content driven websites.

Automatically translates Frontal code into pure, formatted HTML: one perpetual license for a single domain

$499/domain *

* Customization Subscription and SEO Module will be available for purchase soon. If you'd like to be notified please sign up for the email list below:

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Contact

Frontal, Inc.
1201 Broadway
#704
New York, NY 10001 Tel: 212.537.3870
Fax: 646.290.8898

For general inquiries please email: info@frontalcode.com

To report bugs, please use the link at the bottom of the page or email:
bugs@frontalcode.com

License User Agreement

BY CHECKING THE CHECKBOX, YOU AND THE ENTITY OR COMPANY THAT YOU REPRESENT ("CUSTOMER") ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THE SOFTWARE LICENSE AGREEMENT CONSISTING OF THIS PARAGRAPH AND THE FOLLOWING TERMS (THE "AGREEMENT") WITH RESPECT TO THIS SERVICES. "SERVICES" MEANS THE SERVICES PROVIDED THROUGH THE FRONTAL WORKSPACE AVAILABLE AT WWW.FRONTALCODE.COM IN BINARY FORM, ANY OTHER MACHINE READABLE MATERIALS (INCLUDING BUT NOT LIMITED TO LIBRARIES, SOURCE FILES, HEADER FILES, AND DATA FILES), ANY UPDATES OR ERROR CORRECTIONS PROVIDED BY FRONTAL, AND ANY USER MANUALS, TUTORIALS, PROGRAMMING GUIDES AND OTHER DOCUMENTATION PROVIDED TO YOU BY FRONTAL UNDER THIS AGREEMENT. PROVISION OF THE SERVICES IS CONDITIONED ON, AND CUSTOMER'S USE OF THIS SERVICES SHALL CONSTITUTE, CUSTOMER'S ASSENT TO THE TERMS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO THE FOREGOING, YOU DO NOT HAVE ANY RIGHT TO ACCESS, USE OR DOWNLOAD THE SOFTWARE OR THE SERVICES. IF YOU CONTINUE WITH DOWNLOAD, YOU ARE REPRESENTING AND WARRANTING THAT YOU ARE AUTHORIZED TO BIND CUSTOMER. SOFTWARE LICENSE TERMS 1. SCOPE While the license for the Services has not been terminated and all applicable fees have been timely paid for each license term, Frontal will use commercially reasonable efforts to provide the support and maintenance services for the Services as and to the extent described in the applicable Subscription Level purchased by Customer as described in the Cover Sheet to this Agreement. To the extent Frontal's performance hereunder is dependent on Customer's actions, any dates or time periods relevant to Frontal's performance will be extended appropriately and equitably to reflect any delays due to Customer. 2. USE RIGHTS; RESTRICTIONS 2.1 Access. Subject to Customer's compliance with the terms and conditions of this Agreement, Frontal hereby grants Customer a non-exclusive, nontransferable, nonsublicensable limited license and right to access and use internally the Services in accordance with Frontal's applicable user documentation and pricing, during the term of this Agreement, for the sole purpose of creating and running Programs. Each individual user must obtain a separate license. "Programs" means applications created by Customer using the Services strictly in accordance with and pursuant to this Agreement, and the primary value of which is not the Services or any part thereof. 2.2 Restrictions on Use of the Services. Customer will not (and will not allow any third party to): (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code, or the underlying structure, ideas, or algorithms of the Services (except to the extent that applicable law prohibits reverse engineering restrictions); (ii) modify or translate the Services; (iii) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services; (iv) use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party; (v) remove or otherwise alter any proprietary notices or labels from the Services or any portion thereof; or (vi) possess or use any Services, or allow the transfer, transmission, export, or re-export of any Services or portion thereof in violation of any export control laws or regulations administered by the U.S. Commerce Department, U.S. Treasury Department's Office of Foreign Assets Control, or any other government agency. Customer must abide by all deployment restrictions applicable to the Services purchased, including but not limited to those listed in the Subscription Level descriptions on the Cover Sheet of this Agreement. Customer will use the Services only in compliance with the rights granted hereunder and in accordance with all applicable laws, including, but not limited to, laws related to privacy (whether applicable within the United States, the European Union, or otherwise), intellectual property, consumer and child protection, obscenity, and defamation. Customer shall not make any representations, warranties, or guarantees with respect to the Services that purport to be by or on behalf of Frontal, to any person or entity. In addition, Customer represents, covenants, and warrants that Customer will use the Services only in compliance with all applicable laws and regulations of the nation(s) in which the Services are offered to the public and of the United States (including but not limited to policies and laws related to privacy (including but not limited to any European privacy laws), intellectual property, consumer and child protection, obscenity or defamation). Customer represents, covenants and warrants that if any third-party licenses are required for Customer to access and use the Services as permitted under this Agreement, Customer possesses and will possess all such licenses at all times during the term of this agreement. All the limitations and restrictions on Services in this Agreement also apply to documentation. 2.3 Restrictions on Programs. Programs may be distributed only in countries where the Services are protected by copyright. Customer may display on its screen signage, advertising and documentation for each distributed Program the following legend: "Created with Frontal"; provided, in the event Frontal in its sole discretion requests that Customer remove such credit from any Program, Customer shall promptly oblige. Customer shall not otherwise use any trademark, service marks, trade names or other designations of Frontal. 2.4 Ownership. Except for the rights and licenses expressly granted under this Section 2, Frontal retains all right, title, and interest in and to the Services (and all services, products, works, and other intellectual property created, used, or provided by Frontal for the purposes of this Agreement). Subject to the restrictions of this Section 2 and Frontal's rights in the Services or any portion thereof which may be incorporated into the Programs, Customer retains all right, title, and interest in and to the Programs. To the extent that Customer incorporates the Services into the Programs, the license to such Services solely as incorporated into the Programs granted in Section 2.1 shall be perpetual. Customer acknowledges and agrees that as between Customer and Frontal, Frontal owns the FRONTAL trademark, service mark, related logos and other brand designations ("Frontal Marks"), and Customer agrees to comply with Frontal's Trademark and Logo Usage Requirements as made available to Customer from time to time. Any use Customer makes of the Frontal Marks inures to Frontal's benefit. 3. FEES AND PAYMENT. Customer shall pay Frontal Frontal's then current standard license/subscription fees for any authorized copies or uses of the Services annually in advance. In addition, without limiting Frontal's remedies, if Customer makes or uses copies, or has users/uses, that are not authorized hereunder, it will so report to Frontal and will pay additional license fees equal to Frontal's then current standard fees for the license of such extra copies and users/uses (from time to time upon request, Frontal will be entitled to audit or have audited all systems and records relevant to assure compliance with the foregoing; any audit showing noncompliance will be at Customer's expense). All payments shall be made in the currency of, and within the borders of the United States. Any payments more than thirty (30) days overdue will bear a late payment fee of 1.5% per month, or, if lower, the maximum rate allowed by law. In addition, Customer will pay all taxes, shipping, duties, withholdings, backup withholding and the like; when Frontal has the legal obligation to pay or collect such taxes, the appropriate amount shall be paid by Customer directly to Frontal. 4. TERM; TERMINATION 4.1 Term. This Agreement shall commence on the Effective Date and continue until the expiration of the applicable license period specified on the Cover Sheet of this Agreement or such other license period as has been expressly agreed to by Frontal, subject to annual renewal in the case of an annual subscription license (which renewal will be automatic in the absence of notice of non-renewal from either party given at least thirty (30) days prior to the end of the then-current annual subscription period). This Agreement may also be terminated by either party in accordance with this Section 4. 4.2 Termination. Frontal may terminate this Agreement immediately without notice if Customer fails to comply with Section 2 of this Agreement, or upon ten (10) days notice in the case of non-payment. Customer may terminate this Agreement at any time by ceasing to access and use the Services. 4.3 Effect of Termination. Upon termination of this Agreement, all rights granted herein will revert to Frontal and all licenses will terminate, and Customer will make no further use of the Services; provided, other than in the case of termination of this Agreement for Customer's breach, any perpetual license to use the Services as incorporated into the Programs granted by Frontal in Sections 2.1 and 2.4 shall survive termination. The following provisions will survive termination of this Agreement: Sections 2.2, 2.3, 2.4, 3, 5, 6, 7, 8, and 10, as well as all warranty disclaimers. 5. CONFIDENTIALITY During the term of this Agreement, each party (a "Disclosing Party") may provide the other party (a "Receiving Party") with confidential and/or proprietary materials and information ("Confidential Information"). All materials and information provided by Disclosing Party to Receiving Party and identified at the time of disclosure as "Confidential" or bearing a similar legend, and all other information that the Receiving Party reasonably should have known was the Confidential Information of the Disclosing Party, shall be considered Confidential Information. Receiving Party shall maintain the confidentiality of the Confidential Information and will not disclose such information to any third party without the prior written consent of Disclosing Party. Receiving Party will only use the Confidential Information internally for the purposes contemplated hereunder. The obligations in this Section 5 shall not apply to any information that: (i) is made generally available to the public without breach of this Agreement, (ii) is developed by the Receiving Party independently from the Confidential Information, (iii) is disclosed to Receiving Party by a third party without restriction, or (iv) was in the Receiving Party's lawful possession prior to the disclosure and was not obtained by the Receiving Party either directly or indirectly from the Disclosing Party. Receiving Party may disclose Confidential Information as required by law or court order; provided that, Receiving Party provides Disclosing Party with prompt written notice thereof and uses its best efforts to limit disclosure. At any time, upon Disclosing Party's request, Receiving Party shall return to Disclosing Party all Disclosing Party's Confidential Information in its possession, including, without limitation, all copies and extracts thereof. Notwithstanding the foregoing, Receiving Party may disclose Confidential Information to any third-party to the limited extent necessary to exercise its rights, or perform its obligations, under this Agreement; provided that, all such third parties are bound in writing by obligations of confidentiality and non-use at least as protective of the Disclosing Party's Confidential Information as those in this Agreement. Frontal shall be permitted to exploit all data generated by (or on behalf of) it in connection with the Services and to provide such data to third parties, so long as such data is presented in aggregate and can in no way be linked specifically to Customer. 6. WARRANTY; DISCLAIMER Frontal warrants that during the term of this Agreement the Services will materially conform to Frontal's then current user documentation for such Services. This warranty covers only problems reported to Frontal during the warranty period. Frontal shall use commercially reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and in accordance with the applicable Subscription Level description provided in the Cover Sheet to this Agreement. Services may become temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Frontal or because of other causes beyond Frontal's reasonable control, but Frontal shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Notwithstanding anything herein to the contrary, Customer's sole remedy, and Frontal's exclusive liability, for Frontal's failure to provide the Services in accordance with the applicable Subscription Level as set forth in the Cover Sheet to this Agreement shall be termination of this Agreement. FRONTAL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED "AS IS," AND FRONTAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. 7. INFRINGEMENT REMEDY; INDEMNIFICATION In the event that the Services are held to or believed by Frontal to infringe any patent, copyright, or other intellectual property right or to misappropriate any third party trade secret, Frontal will have the option to: (a) replace or modify the Services to be non-infringing, provided that such modification or replacement contains substantially similar features and functionality; (b) obtain for Customer the right to continue using the Services; or (c) if both (a) and (b) are not reasonably practicable, terminate this Agreement. Customer will indemnify and hold Frontal harmless from and against all third party claims (and all resulting damages awarded, settlements and costs, and expenses (including, without limitation, reasonable attorneys' fees)) arising from (a) Customer's breach of this Agreement, or (b) the Programs, the distribution thereof or Customer's activities with respect thereto. THIS SECTION 7 SETS FORTH FRONTAL'S ENTIRE LIABILITY, AND CUSTOMER'S SOLE REMEDY, IN THE EVENT OF VIOLATION OF THIRD PARTY RIGHTS. 8. LIMITATION OF LIABILITY NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, NEITHER FRONTAL, NOR ITS LICENSORS OR SUPPLIERS, SHALL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT, UNDER ANY LEGAL OR EQUITABLE THEORY, FOR ANY: (A) ERROR OR INTERRUPTION OF USE, LOSS OR INACCURACY OR CORRUPTION OF DATA, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, OR LOSS OF BUSINESS; (B) INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF FRONTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE; (C) MATTER BEYOND FRONTAL'S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS IN EXCESS ON THE AGGREGATE OF THE FEES PAID TO FRONTAL HEREUNDER WITH RESPECT TO THE APPLICABLE SERVICES DURING THE ONE YEAR PERIOD PRIOR TO THE CAUSE OF ACTION. IN NO EVENT WILL FRONTAL BE LIABLE FOR ANY REPRESENTATIONS OR WARRANTIES MADE BY CUSTOMER TO ANY OF CUSTOMER'S END USERS. 9. FORCE MAJEURE Neither party will be liable to the other party for any failure or delay in performance caused by reasons beyond its reasonable control, including, but not limited to, earthquakes, loss of utilities, and other disasters. 10. MISCELLANEOUS If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable or transferable by a party except with the other party's prior written consent; provided that, a party may transfer and assign its rights and obligations under this Agreement without consent to a successor to all or substantially all of its assets or business to which this Agreement relates (but in the case of a successor to Customer, if the authorized users are not limited, the assignee is not licensed to expand use beyond Customer's bona fide pre-assignment use plus reasonably expected growth assuming the assignment and related transactions had not occurred). This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and all waivers and modifications must be in writing and signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and Customer does not have any authority of any kind to bind Frontal in any respect whatsoever. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of the State of New York, without regard to the conflict of law provisions thereof. With respect to all disputes arising in relation to this Agreement, the parties consent to exclusive jurisdiction and venue in the state and Federal courts located in New York City, New York. The prevailing party in any action or proceeding to enforce this Agreement will be entitled to recover costs and attorneys' fees.

General User Agreement

THE FOLLOWING TERMS AND CONDITIONS ("AGREEMENT") APPLY TO THE SERVICES YOU ARE ABOUT TO RECEIVE FROM FRONTAL, INC. ("FRONTAL"). "SERVICES" MEANS THE SOFTWARE AND SERVICES PROVIDED UNDER THIS AGREEMENT THROUGH THE FRONTAL WORKSPACE AVAILABLE AT WWW.FRONTALCODE.COM IN BINARY FORM, ANY OTHER MACHINE READABLE MATERIALS (INCLUDING BUT NOT LIMITED TO LIBRARIES, SOURCE FILES, HEADER FILES, AND DATA FILES), ANY UPDATES OR ERROR CORRECTIONS PROVIDED BY FRONTAL, AND ANY USER MANUALS, TUTORIALS, PROGRAMMING GUIDES AND OTHER DOCUMENTATION PROVIDED TO YOU BY FRONTAL UNDER THIS AGREEMENT. BY USING ANY PART OF THE SERVICES, YOU AND THE ENTITY OR COMPANY THAT YOU REPRESENT ("YOU") ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES. FRONTAL'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. 1. SCOPE Subject to the terms and conditions of this Agreement, Frontal will use commercially reasonable efforts to provide the Services on a seven day per week, twenty four hour per day basis. 2. USE RIGHTS; RESTRICTIONS 2.1 Access. Subject to Customer's compliance with the terms and conditions of this Agreement, Frontal hereby grants Customer a non-exclusive, nontransferable, nonsublicensable, limited license and right to access and use the Services solely on the website www.frontalcode.com without license fees during the term of this Agreement for the sole purpose of creating and running Programs. "Programs" means applications created by Customer using the Services strictly in accordance with and pursuant to this Agreement, and the primary value of which is not the Services or any part thereof. For clarity, all Programs shall be hosted by Frontal. 2.2 Restrictions. Customer will not (and will not allow any third party to): (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code, or the underlying structure, ideas, or algorithms of the Services (except to the extent that applicable law prohibits reverse engineering restrictions); (ii) modify or translate the Services; (iii) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services; (iv) use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party; (v) use the Services in any manner that adversely impacts the stability of Frontal's servers or adversely impacts the behavior of other Customers using the Services; or (vi) remove or otherwise alter any proprietary notices or labels from the Services or any portion thereof. Customer may run and display the Programs only on the website http://www.frontalcode.com__________; Customer may not distribute the Programs. Customer will use the Services only in compliance with the rights granted hereunder and in accordance with all applicable laws, including, but not limited to, laws related to privacy (whether applicable within the United States, the European Union, or otherwise), intellectual property, consumer and child protection, obscenity, and defamation. Customer shall not make any representations, warranties, or guarantees with respect to the Services that purport to be by or on behalf of Frontal, to any person or entity. In addition, Customer represents, covenants, and warrants that Customer will use the Services only in compliance with all applicable laws and regulations of the nation(s) in which the Services are offered to the public and of the United States (including but not limited to policies and laws related to privacy (including but not limited to any European privacy laws), intellectual property, consumer and child protection, obscenity or defamation). 2.3 Ownership. Except for the rights and licenses expressly granted under this Section 2, Frontal retains all right, title, and interest in and to the Services (and all services, products, works, and other intellectual property created, used, or provided by Frontal for the purposes of this Agreement). Subject to the restrictions of this Section 2 and Frontal's rights in the Services or any portion thereof which may be incorporated into the Programs, Customer retains all right, title, and interest in and to the Programs. Customer acknowledges and agrees that as between Customer and Frontal, Frontal owns the FRONTAL trademark, service mark, related logos and other brand designations ("Frontal Marks"), and Customer agrees to comply with Frontal's Trademark and Logo Usage Requirements as made available to Customer from time to time. Any use Customer makes of the Frontal Marks inures to Frontal's benefit. 3. TERM; TERMINATION 3.1 Term. This Agreement shall commence on the Effective Date and continue until terminated by either party In accordance with this Section 3. The "Effective Date" means the date on which Customer first accesses the Services. 3.2 Termination. Frontal may terminate this Agreement at any time upon thirty (30) days written notice. Frontal may also terminate this Agreement immediately without notice if Customer fails to comply with any provision of this Agreement. Customer may terminate this Agreement at any time by ceasing to access and use the Services. 3.3 Effect of Termination. Upon termination of this Agreement, all rights granted herein will revert to Frontal and all licenses will terminate, and Customer will make no further use of the Services. The following provisions will survive termination of this Agreement: Sections 2.2, 2.3, 3, 4, 6, 7 and 9, as well as all warranty disclaimers. 4. CONFIDENTIALITY During the term of this Agreement, each party (a "Disclosing Party") may provide the other party (a "Receiving Party") with confidential and/or proprietary materials and information ("Confidential Information"). All materials and information provided by Disclosing Party to Receiving Party and identified at the time of disclosure as "Confidential" or bearing a similar legend, and all other information that the Receiving Party reasonably should have known was the Confidential Information of the Disclosing Party, shall be considered Confidential Information. Receiving Party shall maintain the confidentiality of the Confidential Information and will not disclose such information to any third party without the prior written consent of Disclosing Party. Receiving Party will only use the Confidential Information internally for the purposes contemplated hereunder. The obligations in this Section 5 shall not apply to any information that: (i) is made generally available to the public without breach of this Agreement, (ii) is developed by the Receiving Party independently from the Confidential Information, (iii) is disclosed to Receiving Party by a third party without restriction, or (iv) was in the Receiving Party's lawful possession prior to the disclosure and was not obtained by the Receiving Party either directly or indirectly from the Disclosing Party. Receiving Party may disclose Confidential Information as required by law or court order; provided that, Receiving Party provides Disclosing Party with prompt written notice thereof and uses its best efforts to limit disclosure. At any time, upon Disclosing Party's request, Receiving Party shall return to Disclosing Party all Disclosing Party's Confidential Information in its possession, including, without limitation, all copies and extracts thereof. Notwithstanding the foregoing, Receiving Party may disclose Confidential Information to any third party to the limited extent necessary to exercise its rights, or perform its obligations, under this Agreement; provided that, all such third parties are bound in writing by obligations of confidentiality and non-use at least as protective of the Disclosing Party's Confidential Information as those in this Agreement. Frontal shall be permitted to exploit all data generated by (or on behalf of) it in connection with the Services and to provide such data to third parties, so long as such data is presented in aggregate and can in no way be linked specifically to Customer. 5. WARRANTY; DISCLAIMER Frontal shall use commercially reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services. The Services and the Programs may become temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Frontal or because of other causes beyond Frontal's reasonable control, but Frontal shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Notwithstanding anything herein to the contrary, Customer's sole remedy, and Frontal's exclusive liability, for Frontal's failure to provide the Services in accordance with this Agreement shall be termination of this Agreement. FRONTAL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED "AS IS," AND FRONTAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. 6. INFRINGEMENT REMEDY; INDEMNIFICATION In the event that the Services are held to or believed by Frontal to infringe any patent, copyright, or other intellectual property right or to misappropriate any third party trade secret, Frontal will have the option to: (a) replace or modify the Services to be non-infringing, provided that such modification or replacement contains substantially similar features and functionality; (b) obtain for Customer the right to continue using the Services; or (c) if both (a) and (b) are not reasonably practicable, terminate this Agreement. Customer will indemnify and hold Frontal harmless from and against all third party claims (and all resulting damages awarded, settlements and costs, and expenses (including, without limitation, reasonable attorneys' fees)) arising from (a) Customer's breach of this Agreement, or (b) the Programs, the distribution thereof or Customer's activities with respect thereto. THIS SECTION 6 SETS FORTH FRONTAL'S ENTIRE LIABILITY, AND CUSTOMER'S SOLE REMEDY, IN THE EVENT OF VIOLATION OF THIRD PARTY RIGHTS. 7. LIMITATION OF LIABILITY NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, NEITHER FRONTAL, NOR ITS LICENSORS OR SUPPLIERS, SHALL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT, UNDER ANY LEGAL OR EQUITABLE THEORY, FOR ANY: (A) ERROR OR INTERRUPTION OF USE, LOSS OR INACCURACY OR CORRUPTION OF DATA, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, OR LOSS OF BUSINESS; (B) INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF FRONTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE; OR (C) MATTER BEYOND FRONTAL'S REASONABLE CONTROL. IN NO EVENT WILL FRONTAL BE LIABLE FOR ANY REPRESENTATIONS OR WARRANTIES MADE BY CUSTOMER TO ANY OF CUSTOMER'S END USERS. 8. FORCE MAJEURE Neither party will be liable to the other party for any failure or delay in performance caused by reasons beyond its reasonable control, including, but not limited to, earthquakes, loss of utilities, and other disasters. 9. MISCELLANEOUS If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable or transferable by a party except with the other party's prior written consent; provided that, a party may transfer and assign its rights and obligations under this Agreement without consent to a successor to all or substantially all of its assets or business to which this Agreement relates. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and all waivers and modifications must be in writing and signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and Customer does not have any authority of any kind to bind Frontal in any respect whatsoever. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of the State of New York, without regard to the conflict of law provisions thereof. With respect to all disputes arising in relation to this Agreement, the parties consent to exclusive jurisdiction and venue in the state and Federal courts located in New York City, New York. The prevailing party in any action or proceeding to enforce this Agreement will be entitled to recover costs and attorneys' fees.