Free licensed code is "commercial software", but with a fixed license fee of â¬0. It allows you to use and modify the software for your internal purposes but restricts your right to redistribute the software. You need to become a "[partner]" in order to redistribute the code to customers. This license is a verbatim copy of the Commercial License, except that the transaction fee is â¬0.
"We," "us," and "our" refers to ]project-open[. "You" and "your" refers to the individual or entity that wishes to use the programs from ]project-open[. "Programs" refers to the ]project-open[ software product you wish to download and use and program documentation. "License" refers to your right to use the programs under the terms of this agreement. This agreement is governed by the substantive and procedural laws of Spain. You and ]project-open[ agree to submit to the exclusive jurisdiction of, and venue in, the courts of Barcelona in any dispute arising out of or relating to this agreement.
We are willing to license the programs to you only upon the condition that you accept all of the terms contained in this agreement. Read the terms carefully. Downloading the software will imply that you accept this terms. If you are not willing to be bound by these terms, please do not download any software from this site.
This agreement grants you a nonexclusive, nontransferable limited license to use and to modify the program. If you want to redistribute or otherwise publish the program or its parts then you must Contact Us , or a ]project-open[ reseller, to obtain the appropriate license. We may audit your use of the programs.
We retain all ownership and intellectual property rights in the programs.
You may not:
THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE FURTHER DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).
Our technical support organization will not provide technical support, phone support, or updates to you for the programs licensed under this agreement. You have to close a support contract in order to receive these services.
You may terminate this agreement by destroying all copies of the programs. We have the right to terminate your right to use the programs if you fail to comply with any of the terms of this agreement, in which case you shall destroy all copies of the programs.
The relationship between you and us is that of licensee/licensor. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity. Nothing in this agreement shall be construed to limit either party's right to independently develop or distribute software that is functionally similar to the other party's products, so long as proprietary information of the other party is not included in such software.
"Open Source" software - software available without charge for use, modification and distribution - is often licensed under terms that require the user to make the user's modifications to the Open Source software or any software that the user 'combines' with the Open Source software freely available in source code form. If you use Open Source software in conjunction with the programs, you must ensure that your use does not: (i) create, or purport to create, obligations of us with respect to the ]project-open[ programs; or (ii) grant, or purport to grant, to any third party any rights to or immunities under our intellectual property or proprietary rights in the ]project-open[ programs. For example, you may not develop a software program using an ]project-open[ program and an Open Source program where such use results in a program file(s) that contains code from both the ]project-open[ program and the Open Source program (including without limitation libraries) if the Open Source program is licensed under a license that requires any "modifications" be made freely available. You also may not combine the ]project-open[ program with programs licensed under the GNU General Public License ("GPL") in any manner that could cause, or could be interpreted or asserted to cause, the ]project-open[ program or any modifications thereto to become subject to the terms of the GPL.
You agree that this agreement is the complete agreement for the programs and licenses, and this agreement supersedes all prior or contemporaneous agreements or representations. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.
Last updated: 6/13/04