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LICENSE.md

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License

Portions of this software are licensed as follows:

  • All third party components incorporated into the Leemons Software are licensed under the original license provided by the owner of the applicable component.
  • Content outside of the above mentioned files or restrictions is available under the "Fair code License" as defined below.

Terms and Conditions of Use for the Fair Code License of Leemons

Version 1.0

Prior Information

The following Terms and Conditions of the Fair Code License (hereinafter, the "Terms and Conditions") regulate the use of the software license under the conditions established by the "Sustainable Use License" or Sustainable License. The Software is owned by Leemons Edtech Solutions SL, with registered office at Avda Manoteras 38 C411 - Madrid 28050 (Spain) and e-mail sales@leemons.io; cs@leemons.io (hereinafter, "LEEMONS")

These Terms and Conditions are exclusively directed towards professionals in the field of education and teaching (hereinafter referred to as the "User" and/or "Users"), who will be the ones using the LEEMONS Software (hereinafter referred to as the "Software"). These Terms and Conditions shall be complemented by the legal texts of the Website, as well as by the current and applicable laws, sector regulations, and general criteria and practices.

The Users will use the Software without contravening the provisions outlined in these Terms and Conditions, current legislation, good faith, and generally accepted practices on the Internet.

Acceptance of Terms and Conditions

By acceptance of the Terms and Conditions, the User agrees to always act in accordance by the provisions established in the clauses of this legal text. If the User does not agree with all or part of these Terms and Conditions, the User must refrain from using the Software.

By accepting these Terms and Conditions, the User declares to have the full legal capacity to understand, accept, and subscribe to the content of these Terms and Conditions, which is understood as conditions sinequanon for the use and exploitation of the Software offered by LEEMONS. Likewise, the User agrees to indemnify and hold LEEMONS harmless against any claims, complaints, or damages caused by the breach of this condition. In no event shall LEEMONS be liable for any loss of revenue or profits that may occur now or in the future against the User.

License and content

The Software has been created as an online learning platform and educational experience creation tool aimed at educational organizations, vocational training schools, etc., thereby allowing the User to focus on their core activities.

LEEMONS provides the User with eLearning solutions, training for clients and distribution channels, training campuses, and/or virtual campuses for educational organizations.

The Fair Code License granted under these Terms and Conditions provides the User, during its validity, with a non-exclusive and non-transferable right to access and use the Software.

LEEMONS shall not be liable for any damage or loss, whether direct, indirect, incidental, special, consequential, or exemplary, arising out of or related to the use of the software by the user, including, but not limited to:

  • Errors or omissions in the software.
  • Interruptions or failures in the operation of the software.
  • Loss of data or information.
  • Damage to the user's property or equipment.

The User assumes full responsibility for the use of the Fair Code License and agrees to indemnify and hold LEEMONS harmless from any claim, demand, or loss arising out of or related to such use.

The User assumes the risk that the software may not meet their needs or requirements. LEEMONS does not provide any warranty, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.

LEEMONS shall not be liable for any damage or loss arising out of or related to the use of any information or material obtained through the software.

The User is solely responsible for complying with the terms and conditions, laws, and regulations applicable to the use of the software.

The source code of the Software will be accessible free of charge (with limitations) according to the terms of the Sustainable License established by the Fair Code initiative. For more information, you can access the following link: Fair Code Initiative

Copyright licenses

Through these Terms and Conditions, LEEMONS grants the User a non-exclusive, royalty-free, worldwide, non-sublicensable, and non-transferable license. The User may use, copy, distribute, make available, and prepare derivative works of the software, subject to the following limitations:

Limitations and Potential Associated Costs

The software may only be used or copied to facilitate the management of educational services offered by the User and connect their own teaching professionals with their respective students or learners. Any other type of use will require prior authorization from LEEMONS.

The user may only distribute or make available to a third party the software or derivative works thereof if done so free of charge and for non-commercial purposes.

Furthermore, when distributing or making available the Software to a third party, the User may not alter, delete, or conceal any licenses, copyright notices, or other notices from the licensor in the software. Any use of the licensor's trademarks is subject to applicable law.

The User must ensure that anyone who receives a copy of any part of the software also receives a copy of these Terms and Conditions that govern its use, distribution, provision, or copying. If the User modifies the software, they must include in any modified copy of the software a prominent notice indicating that they have modified the software.

The cost of the Fair Code License will be subject to billing corresponding to the amount of ONE HUNDRED THOUSAND EURO if the Use by the User meets any of the following conditions:

  • The platform is used by more than one thousand (1,000) individuals or has more than one thousand (1,000) profiles associated with the User; and/or
  • The User's annual billing due to the use of the Software amounts to ONE MILLION EUROS or more annually. In this case, the User shall pay a Royalty fee corresponding to 5% after the first year of use.

In these cases, and if the User wishes to contract the enterprise licensing services offered by LEEMONS, the User must sign a partnership agreement to become an official distributor of LEEMONS's SaaS in exchange for a "Royalty fee." However, before the aforementioned, the User must first contact LEEMONS to formalize the agreement and receive official distributor accreditation.

According to the foregoing, through this provision, the User is informed, and by ratifying these Terms and Conditions, declares their agreement, that the aforementioned marketing and/or distribution fee mentioned above, unless otherwise specified, must be paid at the time of signing the Contract. Failure to pay these fees within the specified period implies the immediate cancellation of services.

The Software may only be used for the purposes for which it has been designed. The User is not entitled to divide or separate a License package in any way or form.

The User may not distribute, rent, loan, lease, sell, sublicense, assign, or transfer all or part of the Software License granted under these Terms and Conditions, nor any of the rights granted to any other person or entity without the prior written authorization of LEEMONS.

No Other Rights

These Terms and Conditions do not imply the granting of any license other than those expressly granted herein.

If you do not agree with all the terms of these Terms and Conditions of the application, do not download, install, use, or copy the Software.

Unless otherwise stated, any modification of the Software offered by LEEMONS shall be subject to these Terms and Conditions.

Use of the Fair Code License Software

It is the sole responsibility of the User to verify, before using the Software, the functionalities and content of the information, as well as their suitability to meet their needs.

The User agrees not to use the Software to perform or suggest activities prohibited by law or that infringe upon the rights of third parties.

In general, by accessing and using the Software, the User agrees to comply with these Terms and Conditions of the Fair Code License, as well as to act under the law, good customs, and the requirements of good faith. Thus, the User declares to use due diligence when using the Software and will refrain from using it for fraudulent, illegal purposes, or in any way that may hinder, damage, or impair its normal operation, the property, or rights of LEEMONS or any third party.

The User shall be fully responsible for the use or misuse of the Software and shall not attribute to LEEMONS any type of responsibility derived from the User's use thereof.

Validity and Duration

These Terms and Conditions shall enter into force from the moment of acceptance and, unless otherwise expressly agreed, shall remain in force for the duration of the associated Contract.

Intellectual Property

The User agrees to always comply with the current legislation on intellectual and industrial property during the term of the contractual relationship established in these Terms and Conditions.

Under no circumstances shall it be understood that the User acquires any intellectual or industrial property rights over the Software by accepting these Terms and Conditions.

Safeguard Clause

For the interpretation of these Terms and Conditions, one must consider the entirety of what is stated in all clauses. In case of contradiction between two or more clauses, they shall be interpreted considering the rest of the clauses of the Terms and Conditions and cannot be interpreted in isolation or autonomously.

If a clause is declared null by a court judgment or final arbitration award, it shall not affect the rest of the clauses. The affected clause or clauses shall be replaced by another or others that preserve the effects pursued in these Terms and Conditions.

Modification of Terms and Conditions

LEEMONS reserves the right to update or modify the content of the provisions outlined in the Terms and Conditions.

Applicable Law and Jurisdiction

These Terms and Conditions shall be governed by Spanish law. In the event of a dispute regarding the interpretation, performance, or validity of these Terms and Conditions, the Courts, and Tribunals of the city of Madrid shall have jurisdiction.