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.