FlowPaper Unlimited License. Version 0.2
Copyright (c) 2010 Devaldi, all rights reserved
Please read this License carefully before
using, downloading or installing the Software (FlowPaper, as defined below). By
using, downloading or installing the Software, Licensee is agreeing to be bound
by this License and the licenses granted hereunder are subject to compliance
with any and all terms of this License. IF YOU DO NOT ACCEPT THE TERMS AND
CONDITIONS OF THIS LICENSE, DO NOT USE, DOWNLOAD, INSTALL OR DISTRIBUTE ANY OF
THE LICENSED SOFTWARE.
Terms
and Definitions
"Licensed
Software" and "Software" mean the licensed FlowPaper version 1.x
and all bug-fix releases for it.
"Integrating
Product" means the
Licensee's product where the Licensed Software will be integrated to.
"Adaptation" means a derivative work based upon the
Licensed Software resulting from any addition to, editing of or deletion from
the substance or structure of the original source code or a compiled version of
the Licensed Software or any previous Adaptations or a work that
programmatically interacts with the Licensed Software.
"Binary" means the compiled SWF file that results
when compiling the sources of the Licensed Software or the sources of an
Adaptation.
"Distribute" means to make available to the public the
original and copies of the Licensed Software or Adaptation, as appropriate,
through sale or other transfer of ownership.
"License" means this document.
License
Grant
Licensor hereby grants the Licensee a
non-exclusive, non-transferable, non-assignable license, without the right to
sublicense to:
1. Access, display, integrate and use the
Licensed Software with their Integrating Product product
2. Distribute any number of copies of the
Licensed Software as part of the Integrating Product product. The Licensed Software
can be distributed only as a Binary, the source code of the Licensed Software
or an Adaptation cannot be included. Additional distribution channels are also
allowed provided that the Licensed Software is distributed only as a Binary.
3. Make an Adaptation and integrate the
Adaptation with their Integrating Product product and then distribute the
Integrating Product product according to the terms described above.
Licensor hereby grants the Licensee a
non-exclusive, worldwide, royalty-free, non-transferable, non-assignable patent
license, without the right to sublicense, under any patent rights the Licensor
holds in the Software to use, run, and modify the Software with the Integrating
Product product,
The Licensee does not have the right to:
1. Distribute or sell the Licensed
Software
2. Distribute the source code of the
Licensed Software.
All
rights not expressly granted by this Agreement are expressly reserved by
Licensor.
Maintenance
and additional releases
This License applies to the Software version
purchased by the Licensee and for any software version released under the same
major version (ie a license granted for version 1.2 also includes updates until
version 2 is reached).
Protection
of Licensed Software
Except as specifically set forth herein or
as otherwise agreed to between Licensor and Licensee, Licensee shall not have
the right to copy, relicense, sell, lease, transfer, encumber, assign or make
available for public use the Software. Any attempt to take any such actions is
void, and will automatically terminate Licensee's rights under this
License.
Licensee shall use its best efforts to
ensure that no unauthorized copy of the Licensed Programs shall be made, in
whole or in part, in any form. Licensee shall prohibit all users of the Software
from modifying, reverse-engineering or disassembling any part of the Software.
All rights not expressly granted by Licensor are hereby reserved.
Licensee
hereby acknowledges that unauthorized distribution or sale of the Licensed
Software, distribution of the source code of the Licensed Software could cause
irreparable harm and significant injury to Licensor, which may be difficult to
ascertain. Accordingly, Licensee agrees that the Licensor shall have the right
to seek and obtain immediate injunctive relief from breaches of this Agreement,
in addition to any other rights and remedies it may have.
Termination
of the license
This license is subject to termination by
Licensor at any time if (a) Licensee violates any terms of this License, (b)
Licensor has a reasonable basis to believe that licensee's business is
impairing licensor's business.
Ownership
of Intellectual Property
Licensor is the sole owner of all
intellectual property rights pertaining to the Licensed Software. Licensor
reserves all rights not expressly granted herein.
No
Warranty
TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, THE LICENSED SOFTWARE IS PROVIDED TO YOU "AS IS,"
WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE
RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU.
LICENSOR DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES,
INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS
FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, ANY WARRANTIES
OR CONDITIONS OF TITLE, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF
DEALING, USAGE, OR TRADE PRACTICE. LICENSOR DOES NOT WARRANT AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE PROGRAM; THAT THE PROGRAM WILL MEET
YOUR REQUIREMENTS; THAT OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT THE PROGRAM WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR
THAT ANY ERRORS IN THE PROGRAM WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE
PROVIDED BY LICENSOR OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED
WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER,
SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LICENSEE IS SOLELY RESPONSIBLE FOR
DETERMINING THE APPROPRIATENESS OF USING AND DISTRIBUTING THE LICENSED SOFTWARE
AND ASSUMES ALL RISKS ASSOCIATED WITH ITS EXERCISE OF RIGHTS UNDER THIS
AGREEMENT, INCLUDING BUT NOT LIMITED TO THE RISKS AND COSTS OF PROGRAM ERRORS,
COMPLIANCE WITH APPLICABLE LAWS, DAMAGE TO OR LOSS OF DATA, PROGRAMS OR
EQUIPMENT, SUITABILITY FOR HOSTING AND UNAVAILABILITY OR INTERRUPTION OF
OPERATIONS.
Limitation
of Liability
Except to the extent required by applicable
law, THE CUMULATIVE, AGGREGATE LIABILITY OF LICENSOR TO LICENSEE FOR ALL CLAIMS
RELATED TO THE LICENSED SOFTWARE AND THIS AGREEMENT, WILL NOT EXCEED THE TOTAL
AMOUNT OF ALL LICENSE FEES PAID TO LICENSOR HEREUNDER. LICENSOR WILL NOT IN ANY
CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE,
OR EXEMPLARY DAMAGES ARISING IN ANY WAY OUT OF THE USE OF THE PRODUCT, THE
SERVICES OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST
PROFIT, LOST REVENUE, LOSS OF USE, LOSS OF DATA, COSTS OF RECREATING LOST DATA,
THE COST OF ANY SUBSTITUTE EQUIPMENT, PROGRAM, OR DATA, OR CLAIMS BY ANY THIRD
PARTY, INCLUDING WITH LIMITATION THIRD PARTY CLAIMS OF INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS, INFRINGEMENT OF COPYRIGHT, TRADEMARK, PATENT, OR
TRADE SECRETS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. LICENSEE'S SOLE AND EXCLUSIVE REMEDY IS SET FORTH IN THIS AGREEMENT.
THE LIMITATION ON DAMAGES SET FORTH IN SECTION WILL NOT APPLY TO
INDEMNIFICATION OBLIGATIONS OR BREACHES BY LICENSEE.
Indemnity
Licensee shall indemnify Licensor, its
employees, officers, licensees and agents for all damages, costs and expenses,
including, without limitation, attorneys' fees, arising from any claims arising
as a result of Licensee's use of the Licensed Software, either as provided, as
Adapted by Licensee, or as integrated with the Integrating Product product.
Export
Licensee agrees and certifies that it will
not export or re-export, directly or indirectly, the Licensed Software contrary
to the laws of the United States or any other country.
GDPR Compliance
============
Licensor have taken necessary steps to be within the compliance standards of the European Unions General Data Protection Regulation. More information regarding the protection of your data can be found in the associated Privacy Policy.
Severability
If for any reason a court of competent
jurisdiction finds any provision of this License or portion thereof, to be
unenforceable, that provision of the License shall be enforced to the maximum
extent permissible so as to effect the intent of the parties, and the remainder
of this License shall continue in full force and effect.
Governing
Law
This License shall be governed by the laws
of New Zealand. Any disputes arising under this License shall be heard in the
city of Auckland, New Zealand.
Complete
Agreement
This License constitutes the entire
agreement between Licensor and Licensee with respect to the use of the Licensed
Software and supersedes all prior or contemporaneous understandings or
agreements, written or oral, regarding such subject matter. No one other than
Licensor has the right to modify or amend this License.
Waiver
of Breach
No term or provision of this License shall
be deemed waived and no breach excused, unless such waiver or consent shall be
in writing and signed by Licensor.