Preamble
DECARD Services GmbH has developed software, a distributed network consensus, transaction and database system that can be utilized for data formatting, communication, consensus, transaction, and storage protocols. The Software is generic in its use and is therefore suited for individual licensing.
DECARD Services GmbH has decided to license certain parts of its software under this free and grant back License.
Any use of the Software or source code or any New Versions under this License shall not impose any liability of any kind on DECARD Services GmbH or any other Licensor as the Software and source code is granted for free.
Any use of the Software under this License is thus at the risk of the Licensee.
Your use of any Software released under this License obligates you to: Grant back and make public any improvements, modifications, and bug fixing you have made to the Software. You are also obligated to publish any documentation of the improvements, changes/modifications and bug fixing. Your use of the Software/New Versions for commercial purpose is subject to compliance with the threshold stated below. You publish the Software/source code as detailed below.
TERMS AND CONDITIONS
1. Definitions.
"Licensor" refers to DECARD Services GmbH and any Licensee who subsequently publishes a New Version or a Combined Software under this License.
"License" refers to this free and grant back DECARD Services GmbH License.
"The Licensee" or "You" refers to the person or legal entity that downloads the source code or the Software and makes use of it/modifies it and subsequently makes it available to the public/operates the Software/distributes the Software.
"Combined Software" means software that consists of all or part of the Software and software created or released by someone other than Licensor. Combined Software shall be treated as Software for the purpose of this License.
"Copyright" means copyright laws that apply to and protect software.
"Computer Program" is called software within the meaning of this License.
"Software" refers to software published by Licensor under this License or any New Version of the same, including Combined Software.
A "New Version" means a modified version of the Source Code or the Software.
To "Propagate" the Software means to do anything with it that, without permission, would make you directly or secondarily liable for infringement under applicable copyright law, except executing it or having it executed on a hardware device for your own internal purpose or modifying a private copy. Propagation includes copying, distribution (with or without modification), making available to the public, and in some country's other activities as well.
To "Distribute" the Software means any kind of distribution to the public regardless of media or form that enables other parties to make or receive copies of the Software or the Source Code, modified or not.
To "Modify" or "Modification to" the Software means any changes to the Source Code, including but not limited to improvements, bug-fixes, changes, and optimizations.
2. Source Code.
The "Source Code" for the Software means the code needed for making modifications to the Software. "Object code" means any non-source form of the Software.
3. Permissions.
The Licensee shall, subject to the timely fulfilment of its obligations contained in this License and the conditions contained herein, be granted a royalty free right to undertake:
the permanent or temporary reproduction of the Software by any means and in any form, in part or in whole including loading, displaying, running, transmission or storage of the Software necessitate such reproduction.
the translation, adaptation, arrangement and any other alteration of the Software and the reproduction of the results thereof,
any distribution to the public, except for renting the original Software or its copies, unless otherwise permitted elsewhere in the License.
All rights granted under this License are granted for the term of the copyright on the Software and are irrevocable, provided that the conditions/obligations in this License are fulfilled by the Licensee.
This License explicitly affirms your unlimited permission to run and use the Software for all purposes supported by the Software.
The granting of the aforementioned rights is conditional upon your simultaneous publication of the New Version and the corresponding source code under this License, alongside making it easily available for download, along with a detailed description of the alterations made, during your own use (internal or external) or distribution.
If you intend to use the Software for commercial purposes, the granting of the aforementioned rights is additionally conditional on your compliance with both of the following thresholds:
-
The annual turnover of the person(s) or entity or entities making the Software (including Combined Software) (direct or indirectly) available to the public must not exceed Euro 1,000,000.
-
The annual licensee and/or support and maintenance fee paid for the use of the Software/New Versions (including Combined Software) must not exceed Euro 500,000. This threshold applies to both internal (including inter-company) and external payments or a value transfer that substitutes an actual payment if the internal use in a group of companies if provided for free and this does not constitute market terms.
If, at any time, you exceed either or both of the above thresholds, You are required at once to obtain a commercial license from DECARD Services GmbH, allowing for the continued use of the Software.
This involves paying the at that time applicable license fee for:
a) The entire duration during which You exceed one or both of the thresholds.
b) The remaining period for which You continue using the Software/New Versions.
You may provide the download of the modified Software/source code from a space of your own or you may make a change request to the space where you originally downloaded the source code (the original or a later modified version) with a specification of the changes made to the source code, so that it is easy to modify again.
Combined Software:
You may create Combined Software with the use of the Software including New Versions provided however that you include this License in your license for the Combined Software and comply with the obligation to publish the Software and Source Code with a detailed description of the modifications, if any, that you have made to the Software.
The same obligation to make public /grant back applies for any other source code that allows the Software/New Version to integrate/interact with other parts of the Combined Software, if this is not done as a modification to the Software.
The above permissions including the above mentioned thresholds also applies to the use of Combined Software.
4. License fee.
You may charge a license fee for Combined Software and for copies of the Software/New Versions or use of the Software or any New Versions as long as you comply with the above threshold.
You are also allowed to charge consultancy fees for assisting with the use and implementation of the Software (including Combined Software) or any New Versions, and you may also offer support or warranty protection for a reasonable fee, as long as You comply with the above thresholds.
5. No Surrender of Others' Freedom.
If conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot comply with the obligation to publish as to satisfy your obligation under this License and any other pertinent obligations, including not charging a fee, then as a consequence, you may not use, operate, run or propagate the Software or the Combined Software at all.
6. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE SOFTWARE/SOURCE CODE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING LICENSOR PROVIDE THE SOFTWARE/SOURCE CODE AND NEW VERSIONS "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE/SOURCE CODE/NEW VERSIONS IS WITH YOU. SHOULD THE SOFTWARE/SOURCE CODE/NEW VERSIONS PROVE DEFECTIVE IN ANY WAY, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION AND PROTECTION.
7. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL LICENSOR BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE/SOURCE CODE/NEW VERSIONS (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE SOFTWARE IN OBJECT CODE TO OPERATE WITH ANY OTHER SOFTWARES OR ANY CYBER CRIME ATTACKS OR HACKS DUE TO ANY DEFICIENCIES IN THE SOFTWARE/SOURCE CODE/NEW VERSIONS), EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Interpretation of Sections 6 and 7.
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Software, unless a warranty or assumption of liability accompanies a copy of the Software in return for a fee.
9. Applicable law and dispute resolution
This License and any dispute, controversy proceedings or claim of whatever nature arising out of or in any way relating to this License, its formation (including any non-contractual disputes or claims) and Licensee's use of the Software (including Combined Software) and any New Versions be governed by and construed exclusively in accordance with the law of the State of the Licensor without giving effect to any choice or conflict of Law provision or rule.
Any dispute arising out of or in connection with this License, including any use of and access to The Software(including Combined Software) and New Versions, or the need for a commercial license and payment of a license fee, including any disputes regarding the existence, validity or termination thereof, shall be settled before the Courts of the State of the Licensor, who shall have exclusive Jurisdiction of the dispute.
Version 1.0 December 2023