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LICENSE
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Copyright (c) 2013-2016 Pritunl
LICENSE SUMMARY
* License does not expire
* Can be used on unlimited sites, servers
* Source-code or binary products cannot be resold or distributed
* Non-commercial use only
* Can modify source-code but cannot distribute modifications (derivative works)
PREAMBLE
This Agreement, signed on Nov 12, 2014 [hereinafter: Effective Date] governs
the relationship between you, a private person, (hereinafter: Licensee) and
Pritunl, a private person whose principal place of business is United States
(Hereinafter: Licensor). This Agreement sets the terms, rights, restrictions
and obligations on using [Pritunl] (hereinafter: The Software) created and
owned by Licensor, as detailed herein
LICENSE GRANT
Licensor hereby grants Licensee a Personal, Non-assignable &
non-transferable, Non-commercial, Royalty free, Without 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.
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
* Modify Software to suit Licensee’s needs and specifications.
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.
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.
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.