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Essential Kaos Open Source License | ||
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Version: 1.0 — May 10, 2013. | ||
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Please read this License Agreement carefully before downloading this software. | ||
By downloading or using this software, you are agreeing to be bound by the | ||
terms of this License. If you do not or cannot agree to the terms of this | ||
License, please do not download or use the software. | ||
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This License Agreement (hereinafter — the "License") defines the terms and | ||
conditions of use of the Source and Object forms of the products produced by | ||
the Essential Kaos Ltd. Company that are publicly available to any third | ||
parties. | ||
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This license extends and is applicable to any Source and Object form of the | ||
product of the Essential Kaos Ltd. Company (hereinafter — the "Licensor"), | ||
which are publicly available (open source) for download by any third party | ||
(hereinafter — the "Licensee") by the decision of the Licensor. | ||
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1. TERMS USED IN THE LICENSE | ||
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For the purposes of this License the following terms are used in the following | ||
meaning: | ||
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1.1 Product — any result of intellectual activity, produced by the | ||
implementation of the Source and/or Object form, in particular, but not | ||
limited to, software (computer programs), audio and video records, images, | ||
texts, etc. | ||
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1.2 Source form of the product — the form, preferred for making modifications | ||
to the Product, including, but not limited to, source code, source file | ||
documentation, configuration and installation files, etc., initially provided | ||
by the Licensor. | ||
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1.3 Object form of the product — the result of automatic (computer, hardware | ||
and technical) transformation or translation of the Source form of the Product, | ||
including but not limited to, source code compiled into object code, generated | ||
documentation, and other kinds of media files (resources), initially provided | ||
by the Licensor. | ||
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1.4 Licensor — the Essential Kaos company, holding the exclusive (property) | ||
rights to collectively all Source and/or Object forms of products, published | ||
on the official website of Licensor, and to each of them individually. | ||
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1.5 Licensee — any individual, sole proprietorship, legal entity or other | ||
entity legally capable in accordance with the provisions of the applicable | ||
law, who downloads and uses the Source and/or Object form of the product. | ||
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1.6 Official Website of the Licensor — web site located on the Internet under | ||
the essentialkaos.com domain name (domain address). | ||
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1.7 Modification of the Source or Object form of the Product — any addition, | ||
deletion, alteration of Source or Object form of the Product, the combination | ||
of source code with any other elements, etc. | ||
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The License may use terms not defined in this section. In these cases, the | ||
terms shall be interpreted in accordance with the text and the context of this | ||
License. In the absence of a clear interpretation of the term in the text of | ||
the License, the parties shall rely upon, firstly, the interpretations used | ||
on the Official Website of the Licensor, and secondly, the provisions of | ||
applicable law. | ||
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2. VALIDITY OF THE LICENSE | ||
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2.1 Full awareness of the conditions and provisions of this License is an | ||
indispensable condition for downloading and using the Source and/or Object | ||
form of the Product. | ||
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2.2 The download of the Source and/or Object form of the Product by the | ||
Licensee to its software and hardware device (with or without the use of | ||
their software and hardware devices) means the Licensee is fully aware of, | ||
accepts and agrees to, obligations to comply with and carry out the terms and | ||
conditions of this License. In case of disagreement with certain terms and | ||
conditions herein and/or inability to carry them out the Licensee must | ||
withdraw from the download and use of the Source and/or Object form of the | ||
Products. | ||
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2.3 This License is effective upon posting on the Official Website of the | ||
Licensor, subject to paragraph 1.4. of this License. | ||
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2.4 This License applies to Source and/or Object form of the Products, | ||
downloaded by the Licensee prior to publication of the License on the | ||
Official Website of the Licensor. | ||
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2.5 This License is valid for an indefinite period of time and shall cease | ||
to be valid on its annulment by the Licensor. | ||
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2.6 The Licensor has the right to change the text of the License at his sole | ||
discretion. In case of such changes to the License text, they come into force | ||
from the moment of publication of the new edition of the Lcense on the official | ||
Website of the Licensor, unless otherwise defined at the publication. | ||
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2.7 The Licensee undertakes to monitor the changes in the provisions of this | ||
License, and bears the responsibility and risk of the potential negative | ||
consequences resulting from non-compliance with this obligation. | ||
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2.8 If the Licensee does not agree with the changes in the text of the License | ||
and/or fails to carry out the terms of the new License edition, the Licensee | ||
must withdraw from downloading and stop using the Source and/or Object form of | ||
the Product. Otherwise, the Licensee’s continued use of the Source and/or | ||
Object form of the Product means the Licensee agrees to the terms of the new | ||
License edition and is capable of fully complying with them. | ||
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2.9 The Licensor shall have the right at any time to unilaterally terminate | ||
this License. Upon termination of this License, the Licensee is obliged to | ||
cease all use of the Source and/or Object form of the Product. | ||
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2.10 The current version of the License can be permanently found on the | ||
official Website of the Licensor at: http://essentialkaos.com/ekol. | ||
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3. PERMITTED USE | ||
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The basic principle of download and use of the Source and/or Object form of the | ||
Product is the use of the Source and/or Object form of the Product exclusively | ||
for personal (internal, intra-corporate) purposes. | ||
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The Licensor hereby gives any Licensee, regardless of location and country of | ||
residence the right to download at no charge (for free) the Source and/or | ||
Object form of the Product and use it under a simple (non-exclusive) license | ||
in the following ways, and in the following amounts: | ||
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3.1 Use of the Source and/or Object form of the Product by any means and for | ||
any purposes (both non-commercial and commercial), not prohibited by applicable | ||
law, solely for the personal benefit, subject to the limitations set out in | ||
this License, including but not limited to, reproduction demonstration, | ||
implementation of the Source and/or Object form of the Product. | ||
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3.2 The modification of the Source and/or Object form of the Product and the | ||
use of modified Source and/or Object form solely for the Licensee’s personal | ||
(commercial or non-commercial) purposes. In the event that the modification of | ||
the Source and/or Object form of the Product requires the consent of a third | ||
party (including the cases of using the objects of the person in question for | ||
modifying the Source and/or Object form of the Product), the Licensee must | ||
independently obtain such consent from the party. | ||
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3.3 The inclusion (incorporation) of the Source and/or Object form of the | ||
Product into a larger product, preserving the validity of terms of this | ||
License with respect to the Source and/or Object form of the Product, | ||
incorporated in the larger product. The Licensee shall ensure that this | ||
License is enclosed to each of the Source and/or Object form of the Product | ||
that is included in the larger product with the obligatory indication of the | ||
name of Licensor - Essential Kaos Ltd. Company. The Licensor shall also ensure | ||
the binding power of this License in the larger product, into which the Source | ||
and/or Object form of the Product is included. | ||
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3.4 The right to distribute to third parties the Source and/or Object forms of | ||
the Product on a non-profit (free, no-charge) basis. | ||
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This License does not grant Licensee any rights in any part to use the | ||
trademarks, logos, commercial symbols, service marks owned by the Licensor on | ||
legal grounds and in accordance with the provisions of applicable law, except | ||
when otherwise stipulated by the Licensor. | ||
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4. RESTRICTIONS AND LIMITATIONS | ||
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The licensor is constantly striving to improve and enhance the quality of the | ||
Source and Object forms for their most optimal and productive use by the | ||
Licensee. | ||
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In connection with the aforesaid, in order to maintain the quality of the | ||
Source and Object forms of the product and to prevent it from decreasing the | ||
following requirements and restrictions are applied when downloading and using | ||
the Source and Object forms of the product: | ||
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4.1 It is prohibited to distribute to third parties the modified Source and/or | ||
Object forms of the product in any ways and in any volume, including both on | ||
commercial (paid, reimbursable) and non-commercial (free, no-charge) basis. In | ||
some cases, determined at the discretion and by the decision of the Licensor, | ||
the Licensee shall be entitled to distribute the Source and/or Object forms of | ||
the products, but only with the Licensor’s written permission. | ||
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4.2 It is prohibited to distribute to third parties the Source and/or Object | ||
forms of the product on a commercial (paid, reimbursable) basis. | ||
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5. WARRANTY DISCLAIMER | ||
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5.1 The Licensor is committed to providing the highest quality of the Source | ||
and Object forms of product, constantly improving them, and to the possible | ||
extent eliminating various errors, malfunctions and defects that occur when | ||
downloading and using the Source and Object forms of the Product. | ||
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5.2 The Source and Object forms of the product are available to Licensee on an | ||
"as is" basis, without any guarantees of suitability of the Source or Object | ||
form for a particular purpose, or for the general use of the Source or Object | ||
form of the product. | ||
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5.3 The Licensor disclaims all warranties and obligations to ensure the | ||
absence of any errors, faults, defects, etc., arising when downloading and | ||
using the Source and Object forms of the product, as well as modifications of | ||
the Source and Object forms of the product and/or using the modified Source | ||
and Object forms of the product. | ||
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5.4 Nothing in this License shall act as a guarantee or obligation of the | ||
Licensor to ensure uninterrupted or error-free operation of the Source and/or | ||
Object forms of the product. In connection therewith, the Licensor shall be | ||
exempt from any liability for any errors, malfunctions, defects, etc., | ||
occurring during the download and use of the Source and Object forms of | ||
product, as well as modifications of the Source and Object forms of product | ||
and/or the use of the modified Source and Object forms of the product. | ||
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5.5 The Licensor does not assume any obligation to eliminate errors, | ||
malfunctions and defects, identified by the Licensee when downloading and using | ||
the Source and Object forms of the product, as well as modifications of the | ||
Source and Object forms of the product and/or using the modified Source and | ||
Object forms of the product. | ||
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5.6 Source and/or Object forms of the product are available for download from | ||
the official Website of the Licensor in the condition, in which they are at | ||
present. | ||
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5.7 The Licensee hereby confirms that he understands and accepts all risks and | ||
adverse consequences associated with downloading and using the Source and/or | ||
Object forms of the product, as well as modifying the Source and/or Object | ||
forms of the product and/or using the modified Source and/or Object forms of | ||
the product, including, but not limited to, the loss of any data, any | ||
malfunction or damage to the software and hardware of the Licensee. | ||
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6. LIMITATION OF LIABILITY | ||
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6.1 The Licensor shall not be liable for incidental, direct or consequential | ||
loss (damage, lost profits, etc.) incurred by third parties as a result of the | ||
implementation and execution of this License. | ||
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6.2 The Licensor shall not be liable for any failure or temporary | ||
unavailability of the download and use of the Object or Source form of the | ||
product. | ||
6.3 The Licensor shall not be liable for any tort of Licensee, the Licensee's | ||
breach of warranty and violation of civil and constitutional rights of third | ||
parties. | ||
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6.4 In any case, if the applicable law defines the necessity for the Licensor | ||
to bear responsibility for the Licensee under this License, the Licensor's | ||
liability is limited to the amount of 100 USD. | ||
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7. INTELLECTUAL PROPERTY RIGHTS TO THE SOURCE AND OBJECT FORMS OF THE PRODUCT | ||
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The Source and Object forms of the product have the potential and real value | ||
for the implementation of activities by individuals and legal entities. | ||
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7.1 The Licensor hereby confirms that he has the exclusive (property) rights to | ||
collectively all Source and/or Object forms of the product, available for | ||
download on the official Website of the Licensor, and to each of them | ||
individually. | ||
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7.2 The Licensor acknowledges that the placement of the Source and Object forms | ||
of the product on the website for download and use does not infringe the | ||
intellectual property rights of third parties. The exclusive rights of the | ||
Licensor to the Source and/or Object forms of the product are supported by the | ||
relevant permissions and consents of, or written agreements with, authors of | ||
the Source and Object forms of the product. | ||
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7.3 This License does not mean alienation to any third party, including the | ||
Licensee, of the exclusive (property) rights of the Licensor to the Source or | ||
Object forms of the product. The exclusive (property) rights to the Source or | ||
Object forms of the product are fully retained by the Licensor. | ||
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8. DISPUTE RESOLUTION | ||
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8.1 Any disputes arising from the execution of this License and downloading and | ||
using the Source and Object forms of the product, as well as modifying the | ||
Source and Object forms of the product and/or using the modified Source and | ||
Object forms of the product, shall be settled in the court at the Licensor’s | ||
location. | ||
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8.2 If the court recognizes any provision of this License as invalid, the rest | ||
of this License shall remain unchanged, and the invalid provision shall be | ||
amended in accordance with applicable law. | ||
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8.3 Conditions not covered by this License shall be settled in accordance with | ||
the law, applicable in the country of the Licensor’s registration. |
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