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Zation End User License Agreement

Luca Scaringella edited this page Sep 19, 2019 · 15 revisions

While Zation source code is publicly available, Zation is not free.
Except for the repositories of the ZationServer organization that contain an MIT license.
These repositories are free to use with the conditions of the MIT license.

To use Zation on a public server or for commercial usage, you need to purchase a license.

This End User License Agreement (the "Agreement") is fundamental to the relationship between you and me.
Therefore we recommend reading this Agreement carefully before you download, install, or use Zation.
If you do not agree to this Agreement, please do not download, install, or use Zation.
Installation or use of Zation signifies that you have read, understood, and agreed to be bound by this Agreement.

Definitions

Before we get started with the conditions of the Agreement, let's define the terms that will be used throughout it:

  • When we refer to "You", we mean the licensee. Before purchasing Zation, that's the individual or company that has downloaded and/or installed Zation.

  • The "Source Code" is defined as the contents of all files that are provided with Zation and that make Zation work. This includes (but is not limited to) all Typescript, C++, HTML, CSS files as well as all related image and other media files.

  • An "Update" is defined as a Zation release which adds smaller new features, minor functionality enhancements or bug fixes. This class of release is identified by the change of the revision to the right of the first decimal point, e.g., 3.1 to 3.2 or 3.X.1 to 3.X.2.

  • An "Upgrade" is a major Zation release which incorporates major new features or enhancements that increase the core functionality of Zation to a larger extent. This class of release is identified by the change of the revision to the left of the first decimal point, e.g., 2.X to 3.0. Whether a release is an Update or Upgrade is at Our sole discretion.

  • A "Development Machine" is a computer that is used to work on a project (like a desktop PC, notebook or tablet). It can also be a server that is only accessible by a restricted number of users (like in an intranet).

  • A "Public Server" is a server that does not qualify as Development Machine.

  • A "Cluster" more Zation server instances connected with state and broker servers.

Every time you see one of these capitalized terms in the following text, it has the meaning that has been explained above.

Commercial Usage or on a Public Server

Using Zation server instances on a Public Server or for commercial usage requires a paid license.

As Zation is software and software is intangible, we don't sell it as such.
Instead, this Agreement grants a standard single license for each purchase to use a single instance of the Zation server on a public server and for commercial usage.
Additional Zation single licenses must be purchased in order to use more Zation server instances on public servers or for commercial usage.
An exception is a cluster or multi license.
One multi or cluster license grants to use a specific amount of Zation servers instances on public servers or for commercial usage.
But in case of a cluster license, all server instances must be in the same cluster.
One cluster license can only be used in a single cluster, but you can use more cluster licenses in the same cluster.
The maximal instance amount for each license may not be exceeded and in the configuration of each Zation server instance, the license must be set.

To build the cluster (with licensed server instances), you allowed to use the state and broker servers on public servers and for commercial usage.

The license is non-exclusive (meaning that You are not the only one who We will issue a license)
and generally non-transferable (meaning that the one who purchases the license is the licensee).

A license is valid for all Updates of the same major Zation release.
We reserve the right to charge an upgrade fee for Upgrade releases.

Free licenses

Zation server can be used for free in the following case:

Usage on a Development Machine (with non-commercial usage)

I believe that it should be possible to test and evaluate software before having to purchase a license.

Also, I understand that a project first needs to be built in a protected environment before it can be published.
Therefore, installing and using Zation server, broker, and state instances on Development Machines for
non-commercial usage is free for as long as you need.
This includes permanent usage of Zation in an intranet.

Restrictions

Legal Restrictions

You may only use Zation in a manner that complies with any and all applicable laws in the jurisdictions in which You use Zation.
Please respect all applicable restrictions concerning privacy and intellectual property rights.

Making Copies

You may make copies of Zation in any machine readable form solely for back-up purposes,
provided that you reproduce Zation in its original form and with all proprietary notices on the back-up copy.

You may not reproduce Zation or its Source Code, in whole or in part, for any other purpose.

Modification of the Source Code

You may alter, modify or extend the Source Code for Your own use. You may also commission a third party to perform those modifications for You.

However You may not:

alter or circumvent the licensing features, including (but not limited to) the license validation and payment prompts or resell, redistribute or transfer the modified or derivative version.

Your Relationship to Third Parties

You are not allowed to sell, assign, license, disclose, distribute, or otherwise transfer or make available Zation or its Source Code, in whole or in part, in any form to any third parties.

Other Restrictions

You may also not:

extract parts of the Source Code for use in other programs or projects or remove or alter any proprietary notices on Zation.
We also reserve the right to determine whether Your use of Zation qualifies under this Agreement.

No Warranty

ZATION IS OFFERED ON AN "AS-IS" BASIS AND NO WARRANTY, EITHER EXPRESSED OR IMPLIED, IS GIVEN. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF ZATION INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE OF ZATION AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE.

Term, Termination and Modification

I may modify Zation and this Agreement with notice to You either via email or by publishing content on the ZationServer GitHub organization or on the zation website https://zation.de, including but not limited to changing the functionality or appearance of Zation. Any such modification will become binding on You unless You terminate this Agreement.

Indemnification

By accepting the Agreement, you agree to indemnify and otherwise hold harmless I from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of Zation or any other matter relating to Zation. This paragraph also applies to you if you are not the licensee (e.g. if you use Zation while someone else is the licensee).

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL CUMULATIVE DAMAGES EXCEED THE FEES YOU PAID TO US UNDER THIS AGREEMENT IN THE MOST RECENT TWELVE-MONTH PERIOD. THIS PARAGRAPH ALSO APPLIES TO YOU IF YOU ARE NOT THE LICENSEE (E.G. IF YOU USE ZATION WHILE SOMEONE ELSE IS THE LICENSEE).

All Rights Reserved

I own all rights, title and interest to Zation (including all intellectual property rights)
and reserve all rights to Zation that are not expressly granted in this Agreement.

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