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| 1 | +Essential Kaos Open Source License |
| 2 | + |
| 3 | +Version: 1.0 — May 10, 2013. |
| 4 | + |
| 5 | +Please read this License Agreement carefully before downloading this software. |
| 6 | +By downloading or using this software, you are agreeing to be bound by the |
| 7 | +terms of this License. If you do not or cannot agree to the terms of this |
| 8 | +License, please do not download or use the software. |
| 9 | + |
| 10 | +This License Agreement (hereinafter — the "License") defines the terms and |
| 11 | +conditions of use of the Source and Object forms of the products produced by |
| 12 | +the Essential Kaos Ltd. Company that are publicly available to any third |
| 13 | +parties. |
| 14 | + |
| 15 | +This license extends and is applicable to any Source and Object form of the |
| 16 | +product of the Essential Kaos Ltd. Company (hereinafter — the "Licensor"), |
| 17 | +which are publicly available (open source) for download by any third party |
| 18 | +(hereinafter — the "Licensee") by the decision of the Licensor. |
| 19 | + |
| 20 | +1. TERMS USED IN THE LICENSE |
| 21 | + |
| 22 | +For the purposes of this License the following terms are used in the following |
| 23 | +meaning: |
| 24 | + |
| 25 | +1.1 Product — any result of intellectual activity, produced by the |
| 26 | +implementation of the Source and/or Object form, in particular, but not |
| 27 | +limited to, software (computer programs), audio and video records, images, |
| 28 | +texts, etc. |
| 29 | + |
| 30 | +1.2 Source form of the product — the form, preferred for making modifications |
| 31 | +to the Product, including, but not limited to, source code, source file |
| 32 | +documentation, configuration and installation files, etc., initially provided |
| 33 | +by the Licensor. |
| 34 | + |
| 35 | +1.3 Object form of the product — the result of automatic (computer, hardware |
| 36 | +and technical) transformation or translation of the Source form of the Product, |
| 37 | +including but not limited to, source code compiled into object code, generated |
| 38 | +documentation, and other kinds of media files (resources), initially provided |
| 39 | +by the Licensor. |
| 40 | + |
| 41 | +1.4 Licensor — the Essential Kaos company, holding the exclusive (property) |
| 42 | +rights to collectively all Source and/or Object forms of products, published |
| 43 | +on the official website of Licensor, and to each of them individually. |
| 44 | + |
| 45 | +1.5 Licensee — any individual, sole proprietorship, legal entity or other |
| 46 | +entity legally capable in accordance with the provisions of the applicable |
| 47 | +law, who downloads and uses the Source and/or Object form of the product. |
| 48 | + |
| 49 | +1.6 Official Website of the Licensor — web site located on the Internet under |
| 50 | +the essentialkaos.com domain name (domain address). |
| 51 | + |
| 52 | +1.7 Modification of the Source or Object form of the Product — any addition, |
| 53 | +deletion, alteration of Source or Object form of the Product, the combination |
| 54 | +of source code with any other elements, etc. |
| 55 | + |
| 56 | +The License may use terms not defined in this section. In these cases, the |
| 57 | +terms shall be interpreted in accordance with the text and the context of this |
| 58 | +License. In the absence of a clear interpretation of the term in the text of |
| 59 | +the License, the parties shall rely upon, firstly, the interpretations used |
| 60 | +on the Official Website of the Licensor, and secondly, the provisions of |
| 61 | +applicable law. |
| 62 | + |
| 63 | +2. VALIDITY OF THE LICENSE |
| 64 | + |
| 65 | +2.1 Full awareness of the conditions and provisions of this License is an |
| 66 | +indispensable condition for downloading and using the Source and/or Object |
| 67 | +form of the Product. |
| 68 | + |
| 69 | +2.2 The download of the Source and/or Object form of the Product by the |
| 70 | +Licensee to its software and hardware device (with or without the use of |
| 71 | +their software and hardware devices) means the Licensee is fully aware of, |
| 72 | +accepts and agrees to, obligations to comply with and carry out the terms and |
| 73 | +conditions of this License. In case of disagreement with certain terms and |
| 74 | +conditions herein and/or inability to carry them out the Licensee must |
| 75 | +withdraw from the download and use of the Source and/or Object form of the |
| 76 | +Products. |
| 77 | + |
| 78 | +2.3 This License is effective upon posting on the Official Website of the |
| 79 | +Licensor, subject to paragraph 1.4. of this License. |
| 80 | + |
| 81 | +2.4 This License applies to Source and/or Object form of the Products, |
| 82 | +downloaded by the Licensee prior to publication of the License on the |
| 83 | +Official Website of the Licensor. |
| 84 | + |
| 85 | +2.5 This License is valid for an indefinite period of time and shall cease |
| 86 | +to be valid on its annulment by the Licensor. |
| 87 | + |
| 88 | +2.6 The Licensor has the right to change the text of the License at his sole |
| 89 | +discretion. In case of such changes to the License text, they come into force |
| 90 | +from the moment of publication of the new edition of the Lcense on the official |
| 91 | +Website of the Licensor, unless otherwise defined at the publication. |
| 92 | + |
| 93 | +2.7 The Licensee undertakes to monitor the changes in the provisions of this |
| 94 | +License, and bears the responsibility and risk of the potential negative |
| 95 | +consequences resulting from non-compliance with this obligation. |
| 96 | + |
| 97 | +2.8 If the Licensee does not agree with the changes in the text of the License |
| 98 | +and/or fails to carry out the terms of the new License edition, the Licensee |
| 99 | +must withdraw from downloading and stop using the Source and/or Object form of |
| 100 | +the Product. Otherwise, the Licensee’s continued use of the Source and/or |
| 101 | +Object form of the Product means the Licensee agrees to the terms of the new |
| 102 | +License edition and is capable of fully complying with them. |
| 103 | + |
| 104 | +2.9 The Licensor shall have the right at any time to unilaterally terminate |
| 105 | +this License. Upon termination of this License, the Licensee is obliged to |
| 106 | +cease all use of the Source and/or Object form of the Product. |
| 107 | + |
| 108 | +2.10 The current version of the License can be permanently found on the |
| 109 | +official Website of the Licensor at: http://essentialkaos.com/ekol. |
| 110 | + |
| 111 | +3. PERMITTED USE |
| 112 | + |
| 113 | +The basic principle of download and use of the Source and/or Object form of the |
| 114 | +Product is the use of the Source and/or Object form of the Product exclusively |
| 115 | +for personal (internal, intra-corporate) purposes. |
| 116 | + |
| 117 | +The Licensor hereby gives any Licensee, regardless of location and country of |
| 118 | +residence the right to download at no charge (for free) the Source and/or |
| 119 | +Object form of the Product and use it under a simple (non-exclusive) license |
| 120 | +in the following ways, and in the following amounts: |
| 121 | + |
| 122 | +3.1 Use of the Source and/or Object form of the Product by any means and for |
| 123 | +any purposes (both non-commercial and commercial), not prohibited by applicable |
| 124 | +law, solely for the personal benefit, subject to the limitations set out in |
| 125 | +this License, including but not limited to, reproduction demonstration, |
| 126 | +implementation of the Source and/or Object form of the Product. |
| 127 | + |
| 128 | +3.2 The modification of the Source and/or Object form of the Product and the |
| 129 | +use of modified Source and/or Object form solely for the Licensee’s personal |
| 130 | +(commercial or non-commercial) purposes. In the event that the modification of |
| 131 | +the Source and/or Object form of the Product requires the consent of a third |
| 132 | +party (including the cases of using the objects of the person in question for |
| 133 | +modifying the Source and/or Object form of the Product), the Licensee must |
| 134 | +independently obtain such consent from the party. |
| 135 | + |
| 136 | +3.3 The inclusion (incorporation) of the Source and/or Object form of the |
| 137 | +Product into a larger product, preserving the validity of terms of this |
| 138 | +License with respect to the Source and/or Object form of the Product, |
| 139 | +incorporated in the larger product. The Licensee shall ensure that this |
| 140 | +License is enclosed to each of the Source and/or Object form of the Product |
| 141 | +that is included in the larger product with the obligatory indication of the |
| 142 | +name of Licensor - Essential Kaos Ltd. Company. The Licensor shall also ensure |
| 143 | +the binding power of this License in the larger product, into which the Source |
| 144 | +and/or Object form of the Product is included. |
| 145 | + |
| 146 | +3.4 The right to distribute to third parties the Source and/or Object forms of |
| 147 | +the Product on a non-profit (free, no-charge) basis. |
| 148 | + |
| 149 | +This License does not grant Licensee any rights in any part to use the |
| 150 | +trademarks, logos, commercial symbols, service marks owned by the Licensor on |
| 151 | +legal grounds and in accordance with the provisions of applicable law, except |
| 152 | +when otherwise stipulated by the Licensor. |
| 153 | + |
| 154 | +4. RESTRICTIONS AND LIMITATIONS |
| 155 | + |
| 156 | +The licensor is constantly striving to improve and enhance the quality of the |
| 157 | +Source and Object forms for their most optimal and productive use by the |
| 158 | +Licensee. |
| 159 | + |
| 160 | +In connection with the aforesaid, in order to maintain the quality of the |
| 161 | +Source and Object forms of the product and to prevent it from decreasing the |
| 162 | +following requirements and restrictions are applied when downloading and using |
| 163 | +the Source and Object forms of the product: |
| 164 | + |
| 165 | +4.1 It is prohibited to distribute to third parties the modified Source and/or |
| 166 | +Object forms of the product in any ways and in any volume, including both on |
| 167 | +commercial (paid, reimbursable) and non-commercial (free, no-charge) basis. In |
| 168 | +some cases, determined at the discretion and by the decision of the Licensor, |
| 169 | +the Licensee shall be entitled to distribute the Source and/or Object forms of |
| 170 | +the products, but only with the Licensor’s written permission. |
| 171 | + |
| 172 | +4.2 It is prohibited to distribute to third parties the Source and/or Object |
| 173 | +forms of the product on a commercial (paid, reimbursable) basis. |
| 174 | + |
| 175 | +5. WARRANTY DISCLAIMER |
| 176 | + |
| 177 | +5.1 The Licensor is committed to providing the highest quality of the Source |
| 178 | +and Object forms of product, constantly improving them, and to the possible |
| 179 | +extent eliminating various errors, malfunctions and defects that occur when |
| 180 | +downloading and using the Source and Object forms of the Product. |
| 181 | + |
| 182 | +5.2 The Source and Object forms of the product are available to Licensee on an |
| 183 | +"as is" basis, without any guarantees of suitability of the Source or Object |
| 184 | +form for a particular purpose, or for the general use of the Source or Object |
| 185 | +form of the product. |
| 186 | + |
| 187 | +5.3 The Licensor disclaims all warranties and obligations to ensure the |
| 188 | +absence of any errors, faults, defects, etc., arising when downloading and |
| 189 | +using the Source and Object forms of the product, as well as modifications of |
| 190 | +the Source and Object forms of the product and/or using the modified Source |
| 191 | +and Object forms of the product. |
| 192 | + |
| 193 | +5.4 Nothing in this License shall act as a guarantee or obligation of the |
| 194 | +Licensor to ensure uninterrupted or error-free operation of the Source and/or |
| 195 | +Object forms of the product. In connection therewith, the Licensor shall be |
| 196 | +exempt from any liability for any errors, malfunctions, defects, etc., |
| 197 | +occurring during the download and use of the Source and Object forms of |
| 198 | +product, as well as modifications of the Source and Object forms of product |
| 199 | +and/or the use of the modified Source and Object forms of the product. |
| 200 | + |
| 201 | +5.5 The Licensor does not assume any obligation to eliminate errors, |
| 202 | +malfunctions and defects, identified by the Licensee when downloading and using |
| 203 | +the Source and Object forms of the product, as well as modifications of the |
| 204 | +Source and Object forms of the product and/or using the modified Source and |
| 205 | +Object forms of the product. |
| 206 | + |
| 207 | +5.6 Source and/or Object forms of the product are available for download from |
| 208 | +the official Website of the Licensor in the condition, in which they are at |
| 209 | +present. |
| 210 | + |
| 211 | +5.7 The Licensee hereby confirms that he understands and accepts all risks and |
| 212 | +adverse consequences associated with downloading and using the Source and/or |
| 213 | +Object forms of the product, as well as modifying the Source and/or Object |
| 214 | +forms of the product and/or using the modified Source and/or Object forms of |
| 215 | +the product, including, but not limited to, the loss of any data, any |
| 216 | +malfunction or damage to the software and hardware of the Licensee. |
| 217 | + |
| 218 | +6. LIMITATION OF LIABILITY |
| 219 | + |
| 220 | +6.1 The Licensor shall not be liable for incidental, direct or consequential |
| 221 | +loss (damage, lost profits, etc.) incurred by third parties as a result of the |
| 222 | +implementation and execution of this License. |
| 223 | + |
| 224 | +6.2 The Licensor shall not be liable for any failure or temporary |
| 225 | +unavailability of the download and use of the Object or Source form of the |
| 226 | +product. |
| 227 | +6.3 The Licensor shall not be liable for any tort of Licensee, the Licensee's |
| 228 | +breach of warranty and violation of civil and constitutional rights of third |
| 229 | +parties. |
| 230 | + |
| 231 | +6.4 In any case, if the applicable law defines the necessity for the Licensor |
| 232 | +to bear responsibility for the Licensee under this License, the Licensor's |
| 233 | +liability is limited to the amount of 100 USD. |
| 234 | + |
| 235 | +7. INTELLECTUAL PROPERTY RIGHTS TO THE SOURCE AND OBJECT FORMS OF THE PRODUCT |
| 236 | + |
| 237 | +The Source and Object forms of the product have the potential and real value |
| 238 | +for the implementation of activities by individuals and legal entities. |
| 239 | + |
| 240 | +7.1 The Licensor hereby confirms that he has the exclusive (property) rights to |
| 241 | +collectively all Source and/or Object forms of the product, available for |
| 242 | +download on the official Website of the Licensor, and to each of them |
| 243 | +individually. |
| 244 | + |
| 245 | +7.2 The Licensor acknowledges that the placement of the Source and Object forms |
| 246 | +of the product on the website for download and use does not infringe the |
| 247 | +intellectual property rights of third parties. The exclusive rights of the |
| 248 | +Licensor to the Source and/or Object forms of the product are supported by the |
| 249 | +relevant permissions and consents of, or written agreements with, authors of |
| 250 | +the Source and Object forms of the product. |
| 251 | + |
| 252 | +7.3 This License does not mean alienation to any third party, including the |
| 253 | +Licensee, of the exclusive (property) rights of the Licensor to the Source or |
| 254 | +Object forms of the product. The exclusive (property) rights to the Source or |
| 255 | +Object forms of the product are fully retained by the Licensor. |
| 256 | + |
| 257 | +8. DISPUTE RESOLUTION |
| 258 | + |
| 259 | +8.1 Any disputes arising from the execution of this License and downloading and |
| 260 | +using the Source and Object forms of the product, as well as modifying the |
| 261 | +Source and Object forms of the product and/or using the modified Source and |
| 262 | +Object forms of the product, shall be settled in the court at the Licensor’s |
| 263 | +location. |
| 264 | + |
| 265 | +8.2 If the court recognizes any provision of this License as invalid, the rest |
| 266 | +of this License shall remain unchanged, and the invalid provision shall be |
| 267 | +amended in accordance with applicable law. |
| 268 | + |
| 269 | +8.3 Conditions not covered by this License shall be settled in accordance with |
| 270 | +the law, applicable in the country of the Licensor’s registration. |
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