-
Notifications
You must be signed in to change notification settings - Fork 0
/
Copy pathLICENSE
202 lines (112 loc) · 17.7 KB
/
LICENSE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
Bcome Light Framework License
Version 1.0, October 2020
PLEASE READ CAREFULLY BEFORE PROCEEDING WITH DOWNLOADING OR INSTALLING THIS SOFTWARE
This end-user licence agreement (“EULA”) is a legal agreement between you and Webzakimbo Limited, a company formed in accordance with the laws of England with registered office situated at 4 Calder Court, Shorebury Point Amy Johnson Way, Blackpool, FY4 2RH, with registered company number 07731326 (“Webzakimbo”) to use a software library to facilitate execution of complex functionality on computer networks. This licence governs your use of our Framework and the web applications created by it.
We licence our software to you on the basis of this EULA.
We do not sell the software to you or anything created by it. We remain the owners of the Software at all times.
IMPORTANT NOTICE:
- By downloading the Software from this website, and/or using the Software, you agree to the terms of this licence, which will legally bind you. The terms of this licence include restrictions in your use of the Software and limitations of liability as set out at clause 8 below.
- If you do not agree to the terms of this licence, you must not download or use the Software.
1 Definitions
1.1 In this Licence, the following terms shall have the following meanings:
Generated Source Code: source code generated by the Light Framework and returned to the command prompt for execution, after invoking the Light Framework with a User Application.
Intellectual Property Rights: all patents, rights in inventions, rights in designs, trade marks, trade and business names and all associated goodwill, rights to sue for passing off, copyright, moral rights and related rights, rights in databases, domain names, design rights, rights in information (including know how and trade secrets) and all other similar or equivalent rights subsisting now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term.
Licensed Materials: the Light Framework as may be released and updated from time to time, and Generated Source Code.
Licensee Materials: any network infrastructure, literary works, computer programs information, materials or assets owned, controlled and/or lawfully accessible by you for a lawful purpose.
Light Framework: the software library named the Bcome Framework, as described at the Website.
Minimum Equipment: the hardware and software prerequisites to use the Licensed Material as described in the documentation at docs.bcome.com, updated from time to time.
Personnel: your employees and third party contractors which perform services for you.
Term: the duration of our permission to you to Use the Licensed Materials.
Trade Marks: trade marks and trade names incorporated into the Licensed Materials whether or not used as a trade mark, including but not limited to “bcome” and “Webzakimbo”.
Use: to store, copy, install, configure, load and/or execute.
User Application: one or more computer programs written for the purposes of interacting with Light Framework to invoke its functionality, whether written by you, licensed to you or owned by Webzakimbo.
Website: bcome.com
1. Commencement
1.1 This Agreement comes into effect on the date that you receive, download or use the Licensed Material, whichever is the earlier.
1.2 Webzakimbo hereby licenses you to use the Licensed Materials upon the terms and conditions set out below.
2. Grant of Licences
2.1 Webzakimbo hereby grants you a non-exclusive, revocable and non-transferable and personal licence to Use the Licensed Materials in accordance with the express terms of this Licence and not further or otherwise.
2.2 You may Use the Light Framework without charge provided that:
a. you use a User Application to invoke the functionality of the Light Framework;
b. you do not modify the source code of the Frameworks;
c. you retain a copy of this Licence in the root directory of the directory containing the Light Framework, and if a copy does not exist in that location, cause a copy to be placed at that location;
d. Use the Licensed Materials in in accordance with laws and regulations in force in the geographic location which it is Used; and
e. otherwise comply with the terms of this Licence.
2.3 You may:
a. execute functionality on Licensee Materials;
b. authorise Personnel to use Licensed Materials solely for the purpose of providing services to you, subject in any event to their continued compliance with all of terms of this Licence;
c. distribute the Light Framework to a third party and other software products, provided that
the Light Framework remains an independent, standalone software application and not combined, integrated or incorporated into any other software application and provided that you ensure that a copy of this Licence appears in a file named “LICENCE” in the root directory of the package containing the Light Framework; and
d. modify the default functionality of the Frameworks at runtime provided that you do not alter the original source code of a Framework (including but not limited to code comments) and/or alter, remove, obfuscate or suppress any Trade Mark which appears as part of the functioning of the Light Framework.
2.4 You shall not:
a. Use a version of the Light Framework other than one made available from the Website from time to time.
b. modify, adapt, translate, develop or make derivative works of the Light Framework, and/or combine, link to, incorporate and/or monitor the Light Framework in any way other than with a User Application, except and only to the extent that it is expressly permitted by applicable law;
c. invoke the functionality of the Light Framework other than with a User Application;
d. extract or use any part of the Light Framework as part of another software application or device, other than for your own private, personal use for a purpose which is neither directly or indirectly commercial;
e. use the Light Framework or any part of it to create, support similar functionality or facilitate similar service to that provided by the Light Framework;
f. use the Framework other than with a User Application;
g. Use the Licensed Materials or any part of any of them except to the extent and for the purposes expressly permitted by this agreement; and
h. accept payment or raise any charge for supplying, using or making available the Light Framework.
2.5 If you Use the Light Framework or any part of it contrary to the terms of this Licence, your licence shall automatically terminate and you will not be entitled to use it.
3. Support
3.1 Support is not available for the Licensed Materials. However, you may find answers to your queries at https://github.com/webzakimbo/bcome or htttps://docs.bcome.com
4. Warranties
4.1 You shall:
a. ensure that the Licensed Materials are used with equipment and on systems for which it is designed, in a proper manner by competent and expert Personnel only or by persons under their supervision;
b. not use any advertising materials and promotional literature containing the Trade Marks or other references to the Licensed Materials, without the prior written consent of the Webzakimbo;
c. shall not make any written statement as to the quality or capabilities of Webzakimbo and/or the Licensed Materials without the prior written approval of the Webzakimbo;
d. use the Licensed Materials using hardware and software which satisfy the requirements of the Minimum Equipment;
e. at your own expense comply with all laws and regulations relating to your activities, as they may change from time to time, and with any conditions binding on you in any applicable licences, registrations, permits and approvals; and
f. observe all recommendations given to you by Webzakimbo in relation to the Use of the Licensed Materials;
4.2 You shall not engage in or cooperate with any deceptive, misleading or unethical practices that are, or might be, detrimental to the Webzakimbo, the Licensed Materials or the public and you shall not publish, employ, or co-operate in the publication or employment of any false, misleading or deceptive advertising material or other representations or statements with regard to the Webzakimbo or the Licensed Materials.
4.3 The Licensed Materials have not been developed for your particular needs. No warranty is given by Webzakimbo that the Licensed Materials will be suitable for any particular purpose.
5. Intellectual Property Rights
5.1 The Intellectual Property Rights vesting in the Licensed Materials are and shall remain the property of Webzakimbo. Intellectual Property Rights created by the Licensee by modifying the Light Framework shall be owned by Webzakimbo. The Licensee shall confirm the assignment of modifications to the Light Framework to Webzakimbo promptly upon request in writing.
5.2 The Intellectual Property Rights vesting in User Applications made by you are and shall remain your property; you are entitled to licence and sell User Applications as you wish for reward or otherwise, provided that at all times you do not attempt or purpose to licence and/or sell the Light Framework.
5.3 You shall not do or authorise any third party to do any act which would or might invalidate or be inconsistent with any Intellectual Property Rights of Webzakimbo and you shall not omit or authorise any third party to omit to do any act which, by its omission, would have that effect or character.
5.4 You shall not remove or obscure in any way Webzakimbo copyright and trade mark notices incorporated into the Licensed Materials.
6. Termination
Webzakimbo may terminate this Licence at any time without notice by any means and without cause, whereupon you shall permanently cease to use the Licensed Materials and irretrievably delete all copies in your possession or control.
7. Consequences of Termination
7.1 Upon the expiry or termination of this Licence for whatever reason:
a. any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages and/or interim injunctive relief in respect of any breach of the agreement which existed at or before the date of termination or expiry shall not be affected or prejudiced;
b. the continuation after termination of any provision expressly stated to survive or implicitly surviving termination shall not be affected or prejudiced; and
c. all rights and licences granted to you and your Personnel under this agreement shall terminate.
7.2 The rights and remedies provided to you under this Licence are your sole remedies under this Licence and inclusive of any rights or remedies provided by law.
8. Limitations of Liability
8.1 The following provisions set out the entire financial liability of the parties including without limitation any liability for the acts or omissions of its employees, agents and sub-contractors in respect of:
a. any breach of this Licence howsoever arising;
b. any use made by the Licensee or its Personnel of the Licensed Materials or any part of them; and
c. any representation (whether innocent or negligent), statement or tortious act or omission (including without limitation negligence) arising under or in connection with this Licence.
8.2 Nothing in this clause 8 shall limit either party's liability for death or personal injury resulting from negligence or for fraud, fraudulent misstatement or fraudulent misrepresentation under this Licence.
8.3 Except as expressly provided in this Licence (a) the Licensed Materials are provided on an “as is” basis, (b) you assume responsibility for the use and results of use of the Licensed Materials and for the conclusions drawn from such use, and (c) all warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law are excluded.
8.4 Webzakimbo shall not be liable (in contract, tort (including negligence) or for breach of statutory duty or in any other way) for loss of profits, loss of business, depletion of goodwill or similar losses, loss of anticipated savings, loss of goods, loss of use, loss or corruption of data or information; any loss of goodwill or reputation; or any special, indirect, consequential loss, or pure economic loss, costs, damages, charges or expenses suffered or incurred by the other party arising out of or in connection with the use of the Licensed Materials, or any other matter arising under or connected with this Licence.
8.5 Other than in relation to any liability under clause 8.2, the Licensor’s total aggregate liability in contract, tort (including negligence or breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to £1.00.
8.6 The provisions of this clause 8 shall continue to apply notwithstanding the termination or expiry of this Licence for any reason or cause.
8.7 Webzakimbo shall not be responsible for the maintenance, accuracy or good running of any version of the Software.
8.8 You shall indemnify Webzakimbo against all liabilities, claims, costs and expenses which Webzakimbo may be suffered arising from or connected to misuse, unlawful use of the Licensed Materials and/or use of third party Intellectual Property Rights.
8.9 The express terms of this Licence are in lieu of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise all of which are hereby excluded to the fullest extent permitted by law.
9. Export Control
9.1 Neither party shall export, directly or indirectly, any technical data or information acquired from the other party under this Licence (or any products, including software, incorporating any such data) in breach of any applicable laws or regulations, including the Export Control Act and United States export laws and regulations, to any country for which the government or any agency thereof at the time of export requires an export licence or other governmental approval without first obtaining such licence or approval.
10. Entire agreement
This Agreement supersedes all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to its subject matter. Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement. No variation of this agreement shall be effective unless it is in writing and signed by the parties.
11. Waiver
11.1 Unless a party expressly waives its rights in writing, no delay, neglect or forbearance by either party in enforcing against the other party any term or condition of this Licence shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this Licence. No right, power or remedy in this Licence conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party.
12. Agency
12.1 Nothing in this Licence is intended to or shall be deemed to establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
13. Notices
13.1 All notices which are required to be given hereunder shall be in writing and may be sent to any known email address of the party. If an email address is not known for the party, notice may be delivered to the last known email address of the party and/or posted such other online presence as the recipient may have. Any such notice may also be delivered personally or by first class pre-paid letter and shall be deemed to have been served if by hand when delivered if by first class post 48 hours after posting and if by email or post when dispatched or posted.
14. Updates
14.1 Webzakimbo may update the terms of this time from time to time. Should you not approve of the terms of the then amended Licence, you must cease to use the Light Framework.
15. Interpretation
15.1 In this Licence:
a. reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended extended or re-enacted;
b. words importing the singular include the plural, words importing any gender include every gender and words importing persons include bodies corporate and unincorporate; and (in each case) vice versa;
c. the headings to the Clauses are for ease of reference only and shall not affect the interpretation or construction of this Licence; and
d. a reference to a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
e. a reference to a you shall include any company, corporation or other body corporate, wherever and however incorporated or established.; and
f. a reference to writing or written includes email.
16. Third parties
No one other than a party to this Licence shall have any right to enforce this agreement.
17. Choice of Law and Jurisdiction
This Licence is governed by English law and you irrevocably submit to the exclusive jurisdiction of English Courts to decide any dispute or claim arising out of or in connection with this agreement or its subject matter or formation, including non-contractual claims. Webzakimbo may issue proceedings in the Courts of any place where infringement of its rights takes place or the terms of this contract are breached by you.