gopkg.in/essentialkaos/ek.v3@v3.5.1/LICENSE (about)

     1  Essential Kaos Open Source License
     2  
     3  Version: 1.0 — May 10, 2013.
     4  
     5  Please read this License Agreement carefully before downloading this software. 
     6  By downloading or using this software, you are agreeing to be bound by the 
     7  terms of this License. If you do not or cannot agree to the terms of this 
     8  License, please do not download or use the software.
     9  
    10  This License Agreement (hereinafter — the "License") defines the terms and 
    11  conditions of use of the Source and Object forms of the products produced by 
    12  the Essential Kaos Ltd. Company that are publicly available to any third 
    13  parties.
    14  
    15  This license extends and is applicable to any Source and Object form of the 
    16  product of the Essential Kaos Ltd. Company (hereinafter — the "Licensor"), 
    17  which are publicly available (open source) for download by any third party 
    18  (hereinafter — the "Licensee") by the decision of the Licensor.
    19  
    20  1. TERMS USED IN THE LICENSE
    21  
    22  For the purposes of this License the following terms are used in the following 
    23  meaning:
    24  
    25  1.1 Product — any result of intellectual activity, produced by the 
    26  implementation of the Source and/or Object form, in particular, but not 
    27  limited to, software (computer programs), audio and video records, images, 
    28  texts, etc.
    29  
    30  1.2 Source form of the product — the form, preferred for making modifications 
    31  to the Product, including, but not limited to, source code, source file 
    32  documentation, configuration and installation files, etc., initially provided 
    33  by the Licensor.
    34  
    35  1.3 Object form of the product — the result of automatic (computer, hardware 
    36  and technical) transformation or translation of the Source form of the Product, 
    37  including but not limited to, source code compiled into object code, generated 
    38  documentation, and other kinds of media files (resources), initially provided 
    39  by the Licensor.
    40  
    41  1.4 Licensor — the Essential Kaos company, holding the exclusive (property) 
    42  rights to collectively all Source and/or Object forms of products, published 
    43  on the official website of Licensor, and to each of them individually.
    44  
    45  1.5 Licensee — any individual, sole proprietorship, legal entity or other 
    46  entity legally capable in accordance with the provisions of the applicable 
    47  law, who downloads and uses the Source and/or Object form of the product.
    48  
    49  1.6 Official Website of the Licensor — web site located on the Internet under 
    50  the essentialkaos.com domain name (domain address).
    51  
    52  1.7 Modification of the Source or Object form of the Product — any addition, 
    53  deletion, alteration of Source or Object form of the Product, the combination 
    54  of source code with any other elements, etc.
    55  
    56  The License may use terms not defined in this section. In these cases, the 
    57  terms shall be interpreted in accordance with the text and the context of this 
    58  License. In the absence of a clear interpretation of the term in the text of 
    59  the License, the parties shall rely upon, firstly, the interpretations used 
    60  on the Official Website of the Licensor, and secondly, the provisions of 
    61  applicable law.
    62  
    63  2. VALIDITY OF THE LICENSE
    64  
    65  2.1 Full awareness of the conditions and provisions of this License is an 
    66  indispensable condition for downloading and using the Source and/or Object 
    67  form of the Product.
    68  
    69  2.2 The download of the Source and/or Object form of the Product by the 
    70  Licensee to its software and hardware device (with or without the use of 
    71  their software and hardware devices) means the Licensee is fully aware of, 
    72  accepts and agrees to, obligations to comply with and carry out the terms and 
    73  conditions of this License. In case of disagreement with certain terms and 
    74  conditions herein and/or inability to carry them out the Licensee must 
    75  withdraw from the download and use of the Source and/or Object form of the 
    76  Products.
    77  
    78  2.3 This License is effective upon posting on the Official Website of the 
    79  Licensor, subject to paragraph 1.4. of this License.
    80  
    81  2.4 This License applies to Source and/or Object form of the Products, 
    82  downloaded by the Licensee prior to publication of the License on the 
    83  Official Website of the Licensor.
    84  
    85  2.5 This License is valid for an indefinite period of time and shall cease 
    86  to be valid on its annulment by the Licensor.
    87  
    88  2.6 The Licensor has the right to change the text of the License at his sole 
    89  discretion. In case of such changes to the License text, they come into force 
    90  from the moment of publication of the new edition of the Lcense on the official 
    91  Website of the Licensor, unless otherwise defined at the publication.
    92  
    93  2.7 The Licensee undertakes to monitor the changes in the provisions of this 
    94  License, and bears the responsibility and risk of the potential negative 
    95  consequences resulting from non-compliance with this obligation.
    96  
    97  2.8 If the Licensee does not agree with the changes in the text of the License 
    98  and/or fails to carry out the terms of the new License edition, the Licensee 
    99  must withdraw from downloading and stop using the Source and/or Object form of 
   100  the Product. Otherwise, the Licensee’s continued use of the Source and/or 
   101  Object form of the Product means the Licensee agrees to the terms of the new 
   102  License edition and is capable of fully complying with them.
   103  
   104  2.9 The Licensor shall have the right at any time to unilaterally terminate 
   105  this License. Upon termination of this License, the Licensee is obliged to 
   106  cease all use of the Source and/or Object form of the Product.
   107  
   108  2.10 The current version of the License can be permanently found on the 
   109  official Website of the Licensor at: http://essentialkaos.com/ekol.
   110  
   111  3. PERMITTED USE
   112  
   113  The basic principle of download and use of the Source and/or Object form of the 
   114  Product is the use of the Source and/or Object form of the Product exclusively 
   115  for personal (internal, intra-corporate) purposes.
   116  
   117  The Licensor hereby gives any Licensee, regardless of location and country of 
   118  residence the right to download at no charge (for free) the Source and/or 
   119  Object form of the Product and use it under a simple (non-exclusive) license 
   120  in the following ways, and in the following amounts:
   121  
   122  3.1 Use of the Source and/or Object form of the Product by any means and for 
   123  any purposes (both non-commercial and commercial), not prohibited by applicable 
   124  law, solely for the personal benefit, subject to the limitations set out in 
   125  this License, including but not limited to, reproduction demonstration, 
   126  implementation of the Source and/or Object form of the Product.
   127  
   128  3.2 The modification of the Source and/or Object form of the Product and the 
   129  use of modified Source and/or Object form solely for the Licensee’s personal 
   130  (commercial or non-commercial) purposes. In the event that the modification of 
   131  the Source and/or Object form of the Product requires the consent of a third 
   132  party (including the cases of using the objects of the person in question for 
   133  modifying the Source and/or Object form of the Product), the Licensee must 
   134  independently obtain such consent from the party.
   135  
   136  3.3 The inclusion (incorporation) of the Source and/or Object form of the 
   137  Product into a larger product, preserving the validity of terms of this 
   138  License with respect to the Source and/or Object form of the Product, 
   139  incorporated in the larger product. The Licensee shall ensure that this 
   140  License is enclosed to each of the Source and/or Object form of the Product 
   141  that is included in the larger product with the obligatory indication of the 
   142  name of Licensor - Essential Kaos Ltd. Company. The Licensor shall also ensure 
   143  the binding power of this License in the larger product, into which the Source 
   144  and/or Object form of the Product is included.
   145  
   146  3.4 The right to distribute to third parties the Source and/or Object forms of 
   147  the Product on a non-profit (free, no-charge) basis.
   148  
   149  This License does not grant Licensee any rights in any part to use the 
   150  trademarks, logos, commercial symbols, service marks owned by the Licensor on 
   151  legal grounds and in accordance with the provisions of applicable law, except 
   152  when otherwise stipulated by the Licensor.
   153  
   154  4. RESTRICTIONS AND LIMITATIONS
   155  
   156  The licensor is constantly striving to improve and enhance the quality of the 
   157  Source and Object forms for their most optimal and productive use by the 
   158  Licensee. 
   159  
   160  In connection with the aforesaid, in order to maintain the quality of the 
   161  Source and Object forms of the product and to prevent it from decreasing the 
   162  following requirements and restrictions are applied when downloading and using 
   163  the Source and Object forms of the product:
   164  
   165  4.1 It is prohibited to distribute to third parties the modified  Source and/or 
   166  Object forms of the product in any ways and in any volume, including both on 
   167  commercial (paid, reimbursable) and non-commercial (free, no-charge) basis. In 
   168  some cases, determined at the discretion and by the decision of the Licensor, 
   169  the Licensee shall be entitled to distribute the Source and/or Object forms of 
   170  the products, but only with the Licensor’s written permission.
   171  
   172  4.2 It is prohibited to distribute to third parties the Source and/or Object 
   173  forms of the product on a commercial (paid, reimbursable) basis.
   174  
   175  5. WARRANTY DISCLAIMER
   176  
   177  5.1 The Licensor is committed to providing the highest quality of the Source 
   178  and Object forms of product, constantly improving them, and to the possible 
   179  extent eliminating various errors, malfunctions and defects that occur when 
   180  downloading and using the Source and Object forms of the Product.
   181  
   182  5.2 The Source and Object forms of the product are available to Licensee on an 
   183  "as is" basis, without any guarantees of suitability of the Source or Object 
   184  form for a particular purpose, or for the general use of the Source or Object 
   185  form of the product.
   186  
   187  5.3 The Licensor disclaims all warranties and obligations to ensure the 
   188  absence of any errors, faults, defects, etc., arising when downloading and 
   189  using the Source and Object forms of the product, as well as modifications of 
   190  the Source and Object forms of the product and/or using the modified Source 
   191  and Object forms of the product.
   192  
   193  5.4 Nothing in this License shall act as a guarantee or obligation of the 
   194  Licensor to ensure uninterrupted or error-free operation of the Source and/or 
   195  Object forms of the product. In connection therewith, the Licensor shall be 
   196  exempt from any liability for any errors, malfunctions, defects, etc., 
   197  occurring during the download and use of the Source and Object forms of 
   198  product, as well as modifications of the Source and Object forms of product 
   199  and/or the use of the modified Source and Object forms of the product.
   200  
   201  5.5 The Licensor does not assume any obligation to eliminate errors, 
   202  malfunctions and defects, identified by the Licensee when downloading and using 
   203  the Source and Object forms of the product, as well as modifications of the 
   204  Source and Object forms of the product and/or using the modified Source and 
   205  Object forms of the product.
   206  
   207  5.6 Source and/or Object forms of the product are available for download from 
   208  the official Website of the Licensor in the condition, in which they are at 
   209  present.
   210  
   211  5.7 The Licensee hereby confirms that he understands and accepts all risks and 
   212  adverse consequences associated with downloading and using the Source and/or 
   213  Object forms of the product, as well as modifying the Source and/or Object 
   214  forms of the product and/or using the modified Source and/or Object forms of 
   215  the product, including, but not limited to, the loss of any data, any 
   216  malfunction or damage to the software and hardware of the Licensee.
   217  
   218  6. LIMITATION OF LIABILITY
   219  
   220  6.1 The Licensor shall not be liable for incidental, direct or consequential 
   221  loss (damage, lost profits, etc.) incurred by third parties as a result of the 
   222  implementation and execution of this License.
   223  
   224  6.2 The Licensor shall not be liable for any failure or temporary 
   225  unavailability of the download and use of the Object or Source form of the 
   226  product.
   227  6.3 The Licensor shall not be liable for any tort of Licensee, the Licensee's 
   228  breach of warranty and violation of civil and constitutional rights of third 
   229  parties.
   230  
   231  6.4 In any case, if the applicable law defines the necessity for the Licensor 
   232  to bear responsibility for the Licensee under this License, the Licensor's 
   233  liability is limited to the amount of 100 USD.
   234  
   235  7. INTELLECTUAL PROPERTY RIGHTS TO THE SOURCE AND OBJECT FORMS OF THE PRODUCT
   236  
   237  The Source and Object forms of the product have the potential and real value 
   238  for the implementation of activities by individuals and legal entities.
   239  
   240  7.1 The Licensor hereby confirms that he has the exclusive (property) rights to 
   241  collectively all Source and/or Object forms of the product, available for 
   242  download on the official Website of the Licensor, and to each of them 
   243  individually.
   244  
   245  7.2 The Licensor acknowledges that the placement of the Source and Object forms 
   246  of the product on the website for download and use does not infringe the 
   247  intellectual property rights of third parties. The exclusive rights of the 
   248  Licensor to the Source and/or Object forms of the product are supported by the 
   249  relevant permissions and consents of, or written agreements with, authors of 
   250  the Source and Object forms of the product.
   251  
   252  7.3 This License does not mean alienation to any third party, including the 
   253  Licensee, of the exclusive (property) rights of the Licensor to the Source or 
   254  Object forms of the product. The exclusive (property) rights to the Source or 
   255  Object forms of the product are fully retained by the Licensor.
   256  
   257  8. DISPUTE RESOLUTION
   258  
   259  8.1 Any disputes arising from the execution of this License and downloading and 
   260  using the Source and Object forms of the product, as well as modifying the 
   261  Source and Object forms of the product and/or using the modified Source and 
   262  Object forms of the product, shall be settled in the court at the Licensor’s 
   263  location.
   264  
   265  8.2 If the court recognizes any provision of this License as invalid, the rest 
   266  of this License shall remain unchanged, and the invalid provision shall be 
   267  amended in accordance with applicable law.
   268  
   269  8.3 Conditions not covered by this License shall be settled in accordance with 
   270  the law, applicable in the country of the Licensor’s registration.