FlowPaper Commercial 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
=====================
"Software" means the licensed FlowPaper software
"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.
"Licensed Software" means the same as Software.
"License" means this document.
"Licensor" means Devaldi.
"Licensee" means an individual or entity exercising rights
under and complying with the terms of this License who has not previously
violated the terms of this License with respect to the Software, or who has
received express permission from the Licensor to exercise rights under this
License despite a previous violation.
License Grant
=============
Licensor hereby grants the Licensee a non-exclusive, non-transferable,
non-assignable license, without the right to sublicense to: Access, display,
integrate and use the Software in a Internet domain that has been registered
with Licensor. 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 in the Internet domain that has been
registered with Licensor. All rights not expressly granted by this Agreement
are expressly reserved by Licensor.
Applicability of License
========================
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 covers any 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 your rights under this License.
Effective Date
==============
The rights and licenses granted hereunder shall commence on the date
any of the Software are electronically delivered to Licensee. Licensor agrees
to make the Software available for electronic delivery to Licensee promptly
after receipt by Licensor of the License Fee. For purposes of this Agreement,
the "License Fee" means the amount of money required to be paid by
Licensee to Licensor for legal usage of the Software under the terms of this
agreement.
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.
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 or as Adapted by Licensee.
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.