jekyll-theme-hydejack 6.6.1 → 7.0.0.pre.beta.0

data/licenses/PRO-license.md

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----
-layout: page
-title: PRO License
-redirect_from:
-  - /docs/latest/pro-license/
-  - /docs/pro-license/
----
-
-## License Summary
-* License does not expire
-* Commercial use allowed
-* Can modify source code
-* Can sell license to one client
-* Parts of software are provided under [separate licenses](../NOTICE.md#licenses)
-
-## Terms and Conditions
-1.  **Preamble:** This Agreement governs the relationship between you (hereinafter: Licensee) and
-    Florian Klampfer / qwtel.com (hereinafter: Licensor).
-    This Agreement sets the terms, rights, restrictions and obligations on using
-    Hydejack PRO (hereinafter: The Software)
-    created and owned by Licensor, as detailed herein
-
-2.  **License Grant:** Licensor hereby grants Licensee a Personal, Assignable, Perpetual, Commercial, Royalty free,
-    Including the rights to create derivative works, Non-exclusive license, all with accordance with
-    the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.
-
-    1.  **Limited:** Licensee may use Software for the purpose of:
-
-        1. Running Software on Licensee’s Website[s] and Server[s];
-        2. Allowing 3rd Parties to run Software on Licensee’s Website[s] and Server[s];
-        3. Publishing Software’s output to Licensee and 3rd Parties;
-        4. Modify Software to suit Licensee’s needs and specifications.
-
-    2.  This license is granted perpetually, as long as you do not materially breach it.
-
-    3.  **Assignable:** Licensee may assign his rights and duties under this license as long as the party who Licensee
-        assigns the license accepts the license in full.
-
-    4.  **Commercial, Royalty Free:** Licensee may use Software for any purpose, including paid-services, without any
-        royalties
-
-    5.  **Including the Right to Create Derivative Works:** Licensee may create derivative works based on Software,
-    including amending Software’s source code, modifying it, integrating it into a larger work or removing portions of
-    Software.
-
-3.  **Term & Termination:** The Term of this license shall be until terminated. Licensor may terminate this Agreement,
-    including Licensee’s license in the case where Licensee:
-
-    1.  became insolvent or otherwise entered into any liquidation process; or
-
-    2.  exported The Software to any jurisdiction where licensor may not enforce his rights under this agreements in; or
-
-    3.  Licensee was in breach of any of this license's terms and conditions and such breach was not cured, immediately
-        upon notification; or
-
-    4.  Licensee in breach of any of the terms of clause 2 to this license; or
-
-    5.  Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under
-        this License.
-
-4.  **Payment:** In consideration of the License granted under clause 2, Licensee shall pay Licensor a fee, via
-    Credit-Card or any other means which Licensor may deem adequate. Failure to perform payment shall construe as
-    material breach of this Agreement.
-
-5.  **Upgrades, Updates and Fixes:** Licensor may provide Licensee, from time to time, with Upgrades, Updates or Fixes,
-    as detailed herein and according to his sole discretion. Licensee hereby warrants to keep The Software up-to-date
-    and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the
-    rates set by Licensor. Licensor shall provide any update or Fix free of charge; however, nothing in this Agreement
-    shall require Licensor to provide Updates or Fixes.
-
-    1.  **Upgrades:** for the purpose of this license, an Upgrade shall be a material amendment in The Software, which
-        contains new features and or major performance improvements and shall be marked as a new version number. For
-        example, should Licensee purchase The Software under version 1.X.X, an upgrade shall commence under number
-        2.0.0.
-
-    2.  **Updates:** for the purpose of this license, an update shall be a minor amendment in The Software, which may
-        contain new features or minor improvements and shall be marked as a new sub-version number. For example, should
-        Licensee purchase The Software under version 1.1.X, an upgrade shall commence under number 1.2.0.
-
-    3.  **Fix:** for the purpose of this license, a fix shall be a minor amendment in The Software, intended to remove
-        bugs or alter minor features which impair the The Software's functionality. A fix shall be marked as a new
-        sub-sub-version number. For example, should Licensee purchase Software under version 1.1.1, an upgrade shall
-        commence under number 1.1.2.
-
-6.  **Support:** Software is provided under an AS-IS basis and without any support, updates or maintenance. Nothing in
-    this Agreement shall require Licensor to provide Licensee with support or fixes to any bug, failure,
-    mis-performance or other defect in The Software.
-
-    1.  **Bug Notification:** Licensee may provide Licensor of details regarding any bug, defect or failure in The
-        Software promptly and with no delay from such event; Licensee shall comply with Licensor's request for
-        information regarding bugs, defects or failures and furnish him with information, screenshots and try to
-        reproduce such bugs, defects or failures.
-
-    2.  **Feature Request:** Licensee may request additional features in Software, provided, however, that:
-
-        1.  Licensee shall waive any claim or right in such feature should feature be developed by Licensor;
-
-        2.  Licensee shall be prohibited from developing the feature, or disclose such feature request, or feature, to
-            any 3rd party directly competing with Licensor or any 3rd party which may be, following the development of
-            such feature, in direct competition with Licensor;
-
-        3.  Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other
-            intellectual property right; and
-
-        4.  Licensee developed, envisioned or created the feature solely by himself.
-
-7.  **Liability:** To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall
-    never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as
-    a result of Software’s actions, failure, bugs and/or any other interaction between The Software and Licensee’s
-    end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor
-    shall never be liable for any defect in source code written by Licensee when relying on The Software or using The
-    Software’s source code.
-
-8.  **Warranty:**
-
-    1.  **Intellectual Property:** Licensor hereby warrants that The Software does not violate or infringe any 3rd
-        party claims in regards to intellectual property, patents and/or trademarks and that to the best of its
-        knowledge no legal action has been taken against it for any infringement or violation of any 3rd party
-        intellectual property rights.
-
-    2.  **No-Warranty:** The Software is provided without any warranty; Licensor hereby disclaims any warranty that The
-        Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to
-        Licensee, and that Software shall be functional. Licensee shall be solely liable to any damage, defect or loss
-        incurred as a result of operating software and undertake the risks contained in running The Software on
-        License’s Server[s] and Website[s].
-
-    3.  **Prior Inspection:** Licensee hereby states that he inspected The Software thoroughly and found it
-        satisfactory and adequate to his needs, that it does not interfere with his regular operation and that it does
-        meet the standards and scope of his computer systems and architecture. Licensee found that The Software
-        interacts with his development, website and server environment and that it does not infringe any of End User
-        License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any
-        claims regarding The Software's incompatibility, performance, results and features, and warrants that he
-        inspected the The Software.
-
-9.  **No Refunds:** Licensee warrants that he inspected The Software according to clause 8.3 and that it is adequate to
-    his needs. Accordingly, as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund,
-    rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws.
-
-10. **Indemnification:** Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit
-    brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise
-    circumvent this license, Licensor's intellectual property rights or Licensor's title in The Software. Licensor
-    shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement
-    in relation to such lawsuit or claim.
-
-11. **Governing Law, Jurisdiction:** Licensee hereby agrees not to initiate class-action lawsuits against Licensor in
-    relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim
-    brought by Licensee against Licensor be denied, in part or in full.