/
LICENSE
156 lines (141 loc) · 9.56 KB
/
LICENSE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
License for PTConfigure, Pharaoh Tools
License Summary
• License does not expire.
• Can be used on unlimited sites, 10 servers
• Source-code or binary products cannot be resold or distributed
• Commercial use allowed
• Can modify source-code but cannot distribute modifications (derivative works)
• Attribution to software creator must be made as specified:
Author references cannot be removed
Terms and conditions
1. Preamble: This Agreement, signed on Oct 25, 2014 [hereinafter: Effective Date]
governs the relationship between Individual or Business, a duly registered company,
(hereinafter: Licensee) and Pharaoh Tools, a duly registered company in United
Kingdom whose principal place of business is 483 Green Lanes, London, N13 4BS,
United Kingdom (Hereinafter: Licensor). This Agreement sets the terms, rights,
restrictions and obligations on using [PTConfigure, Pharaoh Tools] (hereinafter: The
Software) created and owned by Licensor, as detailed herein
2. License Grant: Licensor hereby grants Licensee a Personal, Non-assignable &
non-transferable, Commercial, Royalty free, Including the rights to create but not
distribute derivative works, Non-exclusive license, all with accordance with the
terms set forth and other legal restrictions set forth in 3rd party software used while
running Software.
1. Limited: Licensee may use Software for the purpose of:
1. Running Software on Licensee’s Website[s] and Server[s];
2. Allowing 3rd Parties to run Software on Licensee’s Website[s] and Server[s];
3. Publishing Software’s output to Licensee and 3rd Parties;
4. Distribute verbatim copies of Software’s output (including compiled binaries);
5. Modify Software to suit Licensee’s needs and specifications.
2. Binary Restricted: Licensee may sublicense Software as a part of a larger
work containing more than Software, distributed solely in Object or Binary
form under a personal, non-sublicensable, limited license. Such redistribution
shall be limited to unlimited codebases.
3. Non Assignable & Non-Transferable: Licensee may not assign or transfer
his rights and duties under this license.
4. Commercial, Royalty Free: Licensee may use Software for any purpose,
including paid-services, without any royalties
5. Including the Right to Create Derivative Works: Licensee may create
derivative works based on Software, including amending Software’s source
code, modifying it, integrating it into a larger work or removing portions of
Software, as long as no distribution of the derivative works is made
6. With Attribution Requirements: Author references cannot be removed
3. Term & Termination: The Term of this license shall be until terminated. Licensor
may terminate this Agreement, including Licensee’s license in the case where Licensee :
1. became insolvent or otherwise entered into any liquidation process; or
2. exported The Software to any jurisdiction where licensor may not enforce his
rights under this agreements in; or
3. Licensee was in breach of any of this license's terms and conditions and
such breach was not cured, immediately upon notification; or
4. Licensee in breach of any of the terms of clause 2 to this license; or
5. Licensee otherwise entered into any arrangement which caused Licensor to
be unable to enforce his rights under this License.
4. Payment: In consideration of the License granted under clause 2, Licensee shall
pay Licensor a fee, via Credit-Card, PayPal or any other mean which Licensor may
deem adequate. Failure to perform payment shall construe as material breach of
this Agreement.
5. Upgrades, Updates and Fixes: Licensor may provide Licensee, from time to time,
with Upgrades, Updates or Fixes, as detailed herein and according to his sole
discretion. Licensee hereby warrants to keep The Software up-to-date and install all
relevant updates and fixes, and may, at his sole discretion, purchase upgrades,
according to the rates set by Licensor. Licensor shall provide any update or Fix free
of charge; however, nothing in this Agreement shall require Licensor to provide
Updates or Fixes.
1. Upgrades: for the purpose of this license, an Upgrade shall be a material
amendment in The Software, which contains new features and or major
performance improvements and shall be marked as a new version number.
For example, should Licensee purchase The Software under version 1.X.X,
an upgrade shall commence under number 2.0.0.
2. Updates: for the purpose of this license, an update shall be a minor
amendment in The Software, which may contain new features or minor
improvements and shall be marked as a new sub-version number. For
example, should Licensee purchase The Software under version 1.1.X, an
upgrade shall commence under number 1.2.0.3. Fix: for the purpose of this license,
a fix shall be a minor amendment in The Software, intended to remove bugs or alter
minor features which impair the The Software's functionality. A fix shall be marked
as a new sub-sub-version number. For example, should Licensee purchase Software under version
1.1.1, an upgrade shall commence under number 1.1.2.
6. Support: Software is provided under an AS-IS basis and without any support,
updates or maintenance. Nothing in this Agreement shall require Licensor to provide
Licensee with support or fixes to any bug, failure, mis-performance or other defect
in The Software.
1. Bug Notification: Licensee may provide Licensor of details regarding any
bug, defect or failure in The Software promptly and with no delay from such
event; Licensee shall comply with Licensor's request for information
regarding bugs, defects or failures and furnish him with information,
screenshots and try to reproduce such bugs, defects or failures.
2. Feature Request: Licensee may request additional features in Software,
provided, however, that (i) Licensee shall waive any claim or right in such
feature should feature be developed by Licensor; (ii) Licensee shall be
prohibited from developing the feature, or disclose such feature request, or
feature, to any 3rd party directly competing with Licensor or any 3rd party
which may be, following the development of such feature, in direct
competition with Licensor; (iii) Licensee warrants that feature does not
infringe any 3rd party patent, trademark, trade-secret or any other intellectual
property right; and (iv) Licensee developed, envisioned or created the feature
solely by himself.
7. Liability: To the extent permitted under Law, The Software is provided under an
AS-IS basis. Licensor shall never, and without any limit, be liable for any damage,
cost, expense or any other payment incurred by Licensee as a result of Software’s
actions, failure, bugs and/or any other interaction between The Software and
Licensee’s end-equipment, computers, other software or any 3rd party, end-
equipment, computer or services. Moreover, Licensor shall never be liable for any
defect in source code written by Licensee when relying on The Software or using
The Software’s source code.
8. Warranty:
1. Intellectual Property: Licensor hereby warrants that The Software does not
violate or infringe any 3rd party claims in regards to intellectual property,
patents and/or trademarks and that to the best of its knowledge no legal
action has been taken against it for any infringement or violation of any 3rd
party intellectual property rights.
2. No-Warranty: The Software is provided without any warranty; Licensor
hereby disclaims any warranty that The Software shall be error free, without
defects or code which may cause damage to Licensee’s computers or toLicensee,
and that Software shall be functional. Licensee shall be solely
liable to any damage, defect or loss incurred as a result of operating software
and undertake the risks contained in running The Software on License’s
Server[s] and Website[s].
3. Prior Inspection: Licensee hereby states that he inspected The Software
thoroughly and found it satisfactory and adequate to his needs, that it does
not interfere with his regular operation and that it does meet the standards
and scope of his computer systems and architecture. Licensee found that
The Software interacts with his development, website and server
environment and that it does not infringe any of End User License Agreement
of any software Licensee may use in performing his services. Licensee
hereby waives any claims regarding The Software's incompatibility,
performance, results and features, and warrants that he inspected the The
Software.
9. No Refunds: Licensee warrants that he inspected The Software according to
clause 7(c) and that it is adequate to his needs. Accordingly, as The Software is
intangible goods, Licensee shall not be, ever, entitled to any refund, rebate,
compensation or restitution for any reason whatsoever, even if The Software
contains material flaws.
10.Indemnification: Licensee hereby warrants to hold Licensor harmless and
indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of
The Software in means that violate, breach or otherwise circumvent this license,
Licensor's intellectual property rights or Licensor's title in The Software. Licensor
shall promptly notify Licensee in case of such legal action and request Licensee’s
consent prior to any settlement in relation to such lawsuit or claim.
11.Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-action
lawsuits against Licensor in relation to this license and to compensate Licensor for
any legal fees, cost or attorney fees should any claim brought by Licensee against
Licensor be denied, in part or in full.