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EZEE-3422: Prepared LICENSE and COPYRIGHT files for 3.3 release (#82)
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| Copyright (C) 1999-2021 Ibexa AS (formerly eZ Systems AS). All rights reserved. | ||
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| This source code is available separately under the following licenses: | ||
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| A - Ibexa Business Use License Agreement (Ibexa BUL), | ||
| version 2.3 or later versions (as license terms may be updated from time to time) | ||
| Ibexa BUL is granted by having a valid Ibexa DXP (formerly eZ Platform Enterprise) subscription, | ||
| as described at: https://www.ibexa.co/product | ||
| For the full Ibexa BUL license text, please see: | ||
| - LICENSE-bul file placed in the root of this source code, or | ||
| - https://www.ibexa.co/software-information/licenses-and-agreements (latest version applies) | ||
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| AND | ||
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| B - GNU General Public License, version 2 | ||
| Grants an copyleft open source license with ABSOLUTELY NO WARRANTY. For the full GPL license text, please see: | ||
| - LICENSE file placed in the root of this source code, or | ||
| - https://www.gnu.org/licenses/old-licenses/gpl-2.0.html |
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| Ibexa Business Use License Agreement ("Ibexa BUL") Version 2.3 | ||
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| IMPORTANT: Please read the following license agreement carefully. | ||
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| This Ibexa Business License Agreement (“Ibexa BUL”) is between Ibexa AS | ||
| (Norwegian business registration no. 981601564, formerly eZ Systems AS), | ||
| a Norwegian company ("Licensor", “Ibexa” or “we”), and the customer ("Licensee" | ||
| or "you"). By installing all or any portion of the Licensed Software (or | ||
| authorizing any other person to do so), you accept the terms and conditions of | ||
| this Ibexa BUL. If you acquired the Licensed Software without an opportunity to | ||
| review this Ibexa BUL and do not accept the Ibexa BUL, you must: (a) not use | ||
| the Licensed Software and (b) return or delete the Licensed Software, | ||
| with your certification of deletion, within thirty (30) days of the | ||
| purchase date. | ||
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| The parties hereby agree to the following terms and conditions: | ||
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| 1. Definitions | ||
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| "Licensed Software" means the Ibexa Digital Experience Platform (DXP) | ||
| or other Ibexa software product (such as eZ Platform Enterprise Edition, | ||
| eZ Publish Platform) downloaded, ordered or otherwise legally acquired | ||
| (licensed) by you from Ibexa (or other party authorized by Ibexa). | ||
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| "Licensed Copy" means one sample of the Licensed Software. | ||
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| "Subscription Agreement" means the Ibexa Digital Experience Platform (DXP) | ||
| Subscription Agreement, or other applicable Ibexa subscription (such as eZ | ||
| Enterprise or eZ Platform Enterprise Subscription Agreement), entitling | ||
| you to a BUL to the Licensed Software. | ||
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| 2. License grant | ||
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| 2.1 You may | ||
| If you have entered into an Ibexa Subscription Agreement, you have paid the | ||
| correct fees and you comply with the terms of this Ibexa BUL, we grant you a | ||
| limited, non-exclusive and non-transferable right to: | ||
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| (a) install and run the Licensed Copy on the agreed number of websites | ||
| or with the agreed number of database content objects; and | ||
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| (b) modify or make improvements, patches, workarounds and bug fixes | ||
| (collectively "Licensee Modifications") to the Licensed Copy, or permit | ||
| a third party to do so on Licensee's behalf, solely for use by the | ||
| Licensee and its subsidiaries or affiliates. | ||
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| Licensee may make a reasonable number of copies of the Licensed Copy as | ||
| required for backup and archival purposes only. | ||
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| 2.2 You may not | ||
| Licensee may use the Licensed Software only as expressly granted in | ||
| section 2. Without limiting the foregoing, you may not: (a) give, lease, | ||
| license, sell, make available, or distribute any part of the Licensed | ||
| Software or Licensee Modifications to any third party, except as | ||
| otherwise expressly permitted herein; (b) use the Licensed Software to | ||
| operate as a time-sharing, outsourcing, service bureau, application | ||
| service provider, managed service provider environment or similar | ||
| service directed towards and performed on behalf or for the benefit of a | ||
| third party; (c) copy the Licensed Software onto any public or | ||
| distributed network; or (d) change any right notices which appear in the | ||
| Licensed Software. | ||
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| 3. Your responsibility | ||
| Except as expressly described in this Ibexa BUL or in a separate written | ||
| agreement, you alone are solely responsible for the installation of the | ||
| Licensed Software, its operation, supervision, maintenance, management | ||
| and related training and support. The same shall apply to any related | ||
| installation, maintenance and configuration of computer hardware used by | ||
| the Licensed Software. | ||
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| 4. Price and payment | ||
| You may use the Licensed Software free of charge if you are a current | ||
| and paying Ibexa Subscription Agreement customer, with a | ||
| subscription agreement covering the Licensed Software. If not, you may | ||
| not use the Licensed Software. | ||
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| Please see the Ibexa Subscription Agreement for the prices and terms of payment, | ||
| that apply. | ||
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| Within six months of the termination or expiration of any such Ibexa | ||
| Subscription Agreement, all use of the Licensed Software has to stop, | ||
| unless the Ibexa Subscription Agreement is renewed within such six month | ||
| period. During this six month period, Ibexa is not liable for any loss | ||
| or damage (of any kind) with you. | ||
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| 5. Audit rights | ||
| To make sure everyone is contributing their part to enable us to | ||
| continue making great software, we need a right at all times to audit | ||
| our Licensors. During the term of this Ibexa BUL and for a three year | ||
| period following its termination, we therefor may conduct periodic | ||
| reviews of your records relating to the Licensed Software for the | ||
| purpose of verifying Licensee's compliance with this Ibexa BUL, Ibexa | ||
| Subscription Agreement and related agreements. During | ||
| this three year period, you are obliged to maintain complete and accurate | ||
| books and other records related to software licensing and related | ||
| payments. We must exercise its right of audit upon no fewer than 15 | ||
| days' prior notice. You will then provide us with reasonable access and | ||
| assistance for the audit, including reasonable use of personnel, | ||
| available office equipment and space. In return, we must give you a copy | ||
| of the results of the audit, if you ask us for it. | ||
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| 6. Termination | ||
| Ibexa may terminate this Ibexa BUL immediately if you are in breach any of its | ||
| provisions and such breach remains uncured 30 days after you receive | ||
| notice of the breach. In the event that you (a) fail to pay Ibexa any | ||
| outstanding amounts, including subscription fees or license fees for | ||
| other software, on time, or (b) are or become liquidated, dissolved, | ||
| bankrupt or insolvent, whether voluntarily or involuntarily, or is to | ||
| take any action to be declared so, we may terminate this Ibexa BUL | ||
| immediately. Upon cancellation or other termination of this Ibexa BUL, for | ||
| any reason, you must immediately destroy all copies of the Licensed | ||
| Software, and confirm the destruction within 7 (seven) days. | ||
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| 7. Intellectual property rights | ||
| You agree that no copyright, other intellectual property or proprietary | ||
| rights in the Licensed Software and related documentation are | ||
| transferred to you. No trademarks of Ibexa may be used by you without Ibexa’ | ||
| express written permission. If permission is granted, use must always | ||
| take place in accordance with our guidelines as they may be updated from | ||
| time to time. For Licensee Modifications, you must, in the modified | ||
| files and in a separate text file, clearly indicate that the Licensed | ||
| Software contains modifications and state their dates and location. | ||
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| 8. Limited warranties | ||
| We warrant that the Licensed Software will remain in substantial | ||
| conformance with the current documentation of the Licensed Software. We | ||
| disclaim, and you waive, all warranties, whether express or implied, | ||
| including warranties of merchantability, fitness for a particular | ||
| purpose, non-infringement, system integration, non-interference and | ||
| accuracy of informational content. We do not warrant that the Licensed | ||
| Software will meet your requirements or that the operation of it will be | ||
| uninterrupted or error-free, or that errors will be corrected. The | ||
| entire risk of the Licensed Software's quality and performance is | ||
| therefore with you | ||
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| 9. Limitation of liability | ||
| To the extent permitted by law, we do not have liability with respect to | ||
| obligations described in this Ibexa BUL or otherwise for direct, | ||
| consequential, exemplary, special, indirect, incidental or punitive | ||
| damages, including any lost profits or lost savings (whether resulting | ||
| from impaired or lost data, software or computer failure or any other | ||
| cause), even if we have been advised of the possibility of such damages. | ||
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| This limitation of liability applies to any default, including breach of | ||
| contract, breach of warranty, negligence, misrepresentations and other | ||
| injury. We both agree that the remedies and limitations herein allocate | ||
| the risks between us as authorized by law. The license fee (none) is set | ||
| in reliance upon this allocation of risk and the exclusion of damages as | ||
| set forth in this Ibexa BUL. | ||
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| 10. Miscellaneous | ||
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| 10.1 Termination for patent action | ||
| This Ibexa BUL shall terminate automatically and you may no longer exercise | ||
| any of the rights granted to you by this Ibexa BUL as of the date you | ||
| commence an action, including a cross-claim or counterclaim, against Ibexa, | ||
| any third party supplier Ibexa is distributing software for, or other | ||
| licensee, alleging that the Licensed Software infringes a patent. | ||
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| 10.2 Transfer | ||
| Without Ibexa’ written permission, you may not sublicense or otherwise | ||
| transfer your rights and obligations under this Ibexa BUL to any other | ||
| person or party. Any attempt by you to do so, will terminate this Ibexa BUL | ||
| without further notice. Ibexa may assign its rights hereunder at any time | ||
| without consent. | ||
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| 10.3 Governing law | ||
| This Ibexa BUL is to be governed by the laws of Norway, without regard to | ||
| any conflict of law provisions. | ||
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| 10.4 Disputes and legal venue | ||
| If we disagree, you and Ibexa will first attempt to resolve the | ||
| disagreement through discussions and negotiations. | ||
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| If you and Ibexa cannot agree, the dispute can be referred to Oslo City | ||
| Court as mandatory legal venue by either one of us. However, if you are | ||
| located in a country that does not have a bilateral or multilateral | ||
| ruling enforcement treaty with Norway, the dispute must be referred to | ||
| and finally determined by arbitration administered by the World | ||
| Intellectual Property Organization (WIPO) Arbitration and Mediation | ||
| Centre in accordance with the WIPO Arbitration Rules. | ||
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| The place of arbitration is to be Oslo, Norway. The arbitrator (only | ||
| one) will decide based on this Ibexa BUL and Norwegian law. We both agree | ||
| that the arbitrator will have the power to decide all matters, and to | ||
| award any remedies. All proceedings and documents shall remain strictly | ||
| confidential. | ||
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| In no event shall the United Nations Convention on Contracts for the | ||
| International Sale of Goods apply to, or govern, this Ibexa BUL. | ||
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| 10.5 Notices | ||
| Any notices we need to send each other, must be delivered and addressed | ||
| to you at the address you provided to Ibexa (or our representative) at the | ||
| time of the order, and to Ibexa at | ||
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| Attn: Software Licensing Dept., | ||
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| Ibexa AS, | ||
| Solligata 2, | ||
| 0254 Oslo | ||
| Norway | ||
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| Either party may change its address for notice purposes upon notice in | ||
| accordance with this section. | ||
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| 10.6 Export law assurances | ||
| You are responsible for complying with any applicable local laws, | ||
| including export and import regulations. | ||
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| 10.7 Entire agreement | ||
| This Ibexa BUL comprises the entire agreement, and replaces all earlier | ||
| proposals, understandings and agreements, oral and written, between us. | ||
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| 10.8 Update of terms | ||
| In order to be able to manage all those licensing software from us, we | ||
| may from time to time in our discretion issue new versions of this | ||
| license. Unless you within 30 days from when you were first made aware | ||
| or should have become aware of the new license have not objected in | ||
| writing to us, the new version of the Ibexa BUL is to be deemed as accepted | ||
| by you. |
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