141 lines
8.5 KiB
Markdown
141 lines
8.5 KiB
Markdown
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# PRO License
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* this list will be replaced by the table of contents
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{:toc .large-only}
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## License Summary
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* License concerns use of [pivoine PRO][1]
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* License does not expire
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* Commercial use allowed
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* Can modify source code
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* Parts of software are provided under [separate licenses](../NOTICE.md#licenses)
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## Terms and Conditions
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### 1. Preamble
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This Agreement governs the relationship between you (hereinafter: Licensee) and
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Florian Klampfer qwtel.com (hereinafter: Licensor).
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This Agreement sets the terms, rights, restrictions and obligations on using
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pivoine PRO (hereinafter: The Software)
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created and owned by Licensor, as detailed herein.
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### 2. License Grant
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Licensor hereby grants Licensee a Personal, Perpetual, Commercial, Royalty free,
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Including the rights to create derivative works, Non-exclusive license, all with accordance with
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the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.
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1. **Limited:** Licensee may use Software for the purpose of:
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1. Running Software on Licensee’s Website[s] and Server[s];
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2. Allowing 3rd Parties to run Software on Licensee’s Website[s] and Server[s];
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3. Publishing Software’s output to Licensee and 3rd Parties;
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4. Modify Software to suit Licensee’s needs and specifications.
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2. This license is granted perpetually, as long as you do not materially breach it.
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3. **Commercial, Royalty Free:** Licensee may use Software for any purpose, including paid-services, without any
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royalties
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4. **Including the Right to Create Derivative Works:** Licensee may create derivative works based on Software,
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including amending Software’s source code, modifying it, integrating it into a larger work or removing portions of
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Software.
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### 3. Term & Termination:
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The Term of this license shall be until terminated. Licensor may terminate this Agreement,
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including Licensee’s license in the case where Licensee:
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1. became insolvent or otherwise entered into any liquidation process; or
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2. exported The Software to any jurisdiction where licensor may not enforce his rights under this agreements in; or
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3. Licensee was in breach of any of this license's terms and conditions and such breach was not cured, immediately
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upon notification; or
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4. Licensee in breach of any of the terms of clause 2 to this license; or
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5. Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under
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this License.
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### 4. Payment
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In consideration of the License granted under clause 2, Licensee shall pay Licensor a fee, via
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Credit-Card or any other means which Licensor may deem adequate. Failure to perform payment shall construe as
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material breach of this Agreement.
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### 5. Upgrades, Updates and Fixes
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Licensor may provide Licensee, from time to time, with Upgrades, Updates or Fixes,
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as detailed herein and according to his sole discretion. Licensee hereby warrants to keep The Software up-to-date
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and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the
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rates set by Licensor. Licensor shall provide any update or Fix free of charge; however, nothing in this Agreement
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shall require Licensor to provide Updates or Fixes.
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1. **Upgrades:** for the purpose of this license, an Upgrade shall be a material amendment in The Software, which
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contains new features and or major performance improvements and shall be marked as a new version number. For
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example, should Licensee purchase The Software under version 1.X.X, an upgrade shall commence under number
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2.0.0.
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2. **Updates:** for the purpose of this license, an update shall be a minor amendment in The Software, which may
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contain new features or minor improvements and shall be marked as a new sub-version number. For example, should
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Licensee purchase The Software under version 1.1.X, an upgrade shall commence under number 1.2.0.
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3. **Fix:** for the purpose of this license, a fix shall be a minor amendment in The Software, intended to remove
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bugs or alter minor features which impair the The Software's functionality. A fix shall be marked as a new
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sub-sub-version number. For example, should Licensee purchase Software under version 1.1.1, an upgrade shall
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commence under number 1.1.2.
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### 6. Support
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Software is provided under an AS-IS basis and without any support, updates or maintenance. Nothing in
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this Agreement shall require Licensor to provide Licensee with support or fixes to any bug, failure,
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mis-performance or other defect in The Software.
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1. **Bug Notification:** Licensee may provide Licensor of details regarding any bug, defect or failure in The
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Software promptly and with no delay from such event; Licensee shall comply with Licensor's request for
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information regarding bugs, defects or failures and furnish him with information, screenshots and try to
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reproduce such bugs, defects or failures.
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2. **Feature Request:** Licensee may request additional features in Software, provided, however, that:
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1. Licensee shall waive any claim or right in such feature should feature be developed by Licensor;
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2. Licensee shall be prohibited from developing the feature, or disclose such feature request, or feature, to
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any 3rd party directly competing with Licensor or any 3rd party which may be, following the development of
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such feature, in direct competition with Licensor;
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3. Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other
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intellectual property right; and
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4. Licensee developed, envisioned or created the feature solely by himself.
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### 7. Liability
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To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall
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never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as
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a result of Software’s actions, failure, bugs and/or any other interaction between The Software and Licensee’s
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end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor
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shall never be liable for any defect in source code written by Licensee when relying on The Software or using The
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Software’s source code.
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### 8. Warranty
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1. **No-Warranty:** The Software is provided without any warranty; Licensor hereby disclaims any warranty that The
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Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to
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Licensee, and that Software shall be functional. Licensee shall be solely liable to any damage, defect or loss
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incurred as a result of operating software and undertake the risks contained in running The Software on
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License’s Server[s] and Website[s].
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2. **Prior Inspection:** Licensee hereby states that he inspected The Software thoroughly and found it
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satisfactory and adequate to his needs, that it does not interfere with his regular operation and that it does
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meet the standards and scope of his computer systems and architecture. Licensee found that The Software
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interacts with his development, website and server environment and that it does not infringe any of End User
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License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any
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claims regarding The Software's incompatibility, performance, results and features, and warrants that he
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inspected the The Software.
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### 9. No Refunds
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Licensee warrants that he inspected The Software according to clause 8.2 and that it is adequate to
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his needs. Accordingly, as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund,
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rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws.
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### 10. Indemnification
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Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit
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brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise
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circumvent this license, Licensor's intellectual property rights or Licensor's title in The Software. Licensor
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shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement
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in relation to such lawsuit or claim.
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### 11. Governing Law, Jurisdiction
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Licensee hereby agrees not to initiate class-action lawsuits against Licensor in
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relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim
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brought by Licensee against Licensor be denied, in part or in full.
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[1]: https://pivoine.com/
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