Preamble: This
Agreement governs the relationship between the End User (hereinafter:
Licensee) and Keymind Computing as, a duly registered company in whose
principal place of business is Norway (hereinafter: Licensor). This
Agreement sets the terms, rights, restrictions and obligations on using
KeyDeveloper (hereinafter: The Software) created and owned by Licensor, as
detailed herein
License Grant: Licensor hereby grants Licensee a Personal,
Non-assignable & non-transferable, Pepetual, Non-commercial, Without
the style='margin-top:10px' 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.
Limited: Licensee
may use Software for the purpose of:
Running Software on Licensee’s
Website[s] and Server[s];
Allowing 3rd Parties to run Software on
Licensee’s Website[s] and Server[s];
Publishing Software’s output to
Licensee and 3rd Parties;
Distribute verbatim copies of
Software’s output (including compiled binaries);
Modify Software to suit Licensee’s
needs and specifications.
This license is granted perpetually, as
long as you do not materially breach it.
Binary Restricted: Licensee may sublicense Software as a part of a larger
work containing more than Software, distributed solely in Object or
Binary form under a personal, non-sublicensable, limited license. Such
redistribution shall be limited to unlimited codebases.
Non Assignable &
Non-Transferable: Licensee may not
assign or transfer his rights and duties under this license.
Non-Commercial: Licensee may not use Software for commercial purposes. for the
purpose of this license, commercial purposes means that a 3rd party has
to pay in order to access Software or that the Website that runs Software
is behind a paywall.
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 :
became insolvent or otherwise entered
into any liquidation process; or
exported The Software to any
jurisdiction where licensor may not enforce his rights under this
agreements in; or
Licensee was in breach of any of this
license's terms and conditions and such breach was not cured, immediately
upon notification; or
Licensee in breach of any of the terms
of clause 2 to this license; or
Licensee otherwise entered into any
arrangement which caused Licensor to be unable to enforce his rights
under this License.
Payment: In
consideration of the License granted under clause 2, Licensee shall pay
Licensor a fee, via Credit-Card, PayPal or any other mean which Licensor
may deem adequate. Failure to perform payment shall construe as material
breach of this Agreement.
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.
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.
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.
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.
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.
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.
Feature Request: Licensee may request additional features in Software,
provided, however, that (i) Licensee shall waive any claim or right in
such feature should feature be developed by Licensor; (ii) 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; (iii) Licensee warrants that feature
does not infringe any 3rd party patent, trademark, trade-secret or any
other intellectual property right; and (iv) Licensee developed,
envisioned or created the feature solely by himself.
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.
Warranty:
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.
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].
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.
No Refunds: Licensee warrants that he inspected The Software
according to clause 7(c) 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.
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.
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.