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LICENSE.txt
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LICENSE.txt
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NETGRIF Community License
Version 1.0, January 2022
https://netgrif.com/license
This NETGRIF Community License (“Agreement”) sets forth the terms
and conditions on which NETGRIF, s.r.o., with the registered office
at Slávičie údolie 106, 811 02, Bratislava, Slovak Republic,
ID No.: 50 903 403 (“Licensor”) makes available the Software (as
defined below).
BY INSTALLING, DOWNLOADING, ACCESSING, USING OR DISTRIBUTING
THE SOFTWARE YOU (as specified below) INDICATE YOUR ACCEPTANCE TO,
AND ARE ENTERING INTO A CONTRACT WITH, THE LICENSOR ON THE TERMS SET
OUT IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST
NOT USE THE SOFTWARE. IF YOU ARE RECEIVING THE SOFTWARE ON BEHALF OF
A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE ACTUAL
AUTHORITY TO AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT ON
BEHALF OF SUCH ENTITY.
THIS IS NOT A PURCHASE AGREEMENT BUT A LICENCE AGREEMENT WITH YOU
(as defined below).
1. Definitions.
"Business" means goods and/or services provided or to be provided
at standard commercial terms between You and the Partner. For
the avoidance of any doubt, the sole subject of the Business must
not be use, provision, development or integration of the Software
and/or Subsequent Work and such activities can only be ancillary
to Your core business.
"License" shall mean the rights specified in Section 2 granted
under this Agreement.
"Licensor" shall mean the owner of the Software specified above.
"PaaS" shall mean providing Software and/or Subsequent Work as
a service enabling any Partner to create Subsequent Work directly
and/or via its APIs.
"Partner" means any third-party person.
"Public Service" means any service provided in public interest
by institutions (governmental bodies, municipalities, independent
state-funded institutes such as schools etc.) or non-profit
organizations within their role or mission.
"SaaS" shall mean providing Software and/or Subsequent Work
as a service enabling any Partner to use the Software and/or
Subsequent Work directly and/or via its APIs.
"Software" shall mean the computer program designated to enable
creation of application, representing a work of authorship
proprietary to Licensor, made available under the License to
which this Agreement is attached.
"Subsequent Works" shall mean any work that is based on (or derived
from) the Software. For the purposes of this License, Subsequent
Work shall not include work that remain separable from, or merely
link (or bind by name) to the interfaces of, the Software and/or
Subsequent Work thereof.
"You" (or "Your") shall mean an individual or legal entity
exercising permissions granted by this License.
2. Grant of the License. Subject to the terms and conditions of
this License, Licensor hereby grants to You a perpetual, worldwide,
non-exclusive, free of charge, irrevocable license to a copy of
the Software, enabling you to use, copy, modify or merge the copy
of the Software and/or prepare Subsequent Works of, publicly display,
publicly perform, sublicense, and distribute the Software and such
Subsequent Works.
3. Redistribution. You may reproduce and distribute copies of
the Software or Subsequent Works thereof in any medium, with or
without modifications, provided that You meet the following
conditions:
(a) You must procure that any other recipients of the Software
or Subsequent Works is familiar with this Agreement and adheres
to scope of License and restrictions formulated in this Agreement;
(b) You must cause any modified files to carry prominent notices
stating that You changed the files;
(c) You must not provide Paas;
(d) You must not provide SaaS for other purposes than as an integral
part of the Business or Public Service (in relationship between
You and the Partner);
You may add Your own notices to Your modifications and may provide
additional or different license terms and conditions for use,
reproduction, or distribution of Your modifications, or for any
such Subsequent Works as a whole, provided Your use, reproduction,
and distribution of the Software otherwise complies with the conditions
stated in this License.
4. Third-Party Software. The Software includes third party open-source
code software. Any third-party open-source code software included
herein is provided pursuant to its license terms and conditions with
which You must comply. The list of Third-Party Software components
is listed in the Annex 1 to this Agreement.
5. Disclaimer of Warranty. Unless required by applicable law or agreed
to in writing, Licensor provides the Software on an "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND, either express or implied, including,
without limitation, any implied warranties of MERCHANTABILITY or
FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for
determining the appropriateness of using or redistributing the
Software and assume any risks associated with Your exercise of
permissions under this License.
6. Limitation of Liability. In no event, unless required by applicable
law or agreed to in writing, shall Licensor be liable to You for any
damages of any type arising as a result of this License or out of
the use or inability to use the Software (including but not limited
to damages for loss of goodwill, work stoppage, computer failure or
malfunction, or any and all other commercial damages or losses), even
if Licensor has been advised of the possibility of such damages. If
the liability for damages cannot be excluded under applicable law,
Licensor will be liable up to the amount paid for use of License by You.
7. Termination. If you are in breach of the terms and conditions of this
License, this Agreement, including the rights granted under it,
will automatically terminate with immediate effect.
8. Governing law and jurisdiction. Slovak law shall apply exclusively,
excluding the conflict of laws rules of private international law
(IPR) and the UN Convention on Contracts for the International Sale
of Goods (CISG). All disputes arising from or in connection with
this Agreement shall be finally resolved by the courts of Slovak Republic.