COMMERCIAL-LICENSE
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Authlib - Terms and conditions
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1. **Preamble**:
This Agreement governs the relationship between "YOU" (hereinafter: Licensee)
and Hsiaoming Yang (hereinafter: Licensor). This Agreement sets the terms,
rights, restrictions and obligations on using Authlib (hereinafter: The Software)
created and owned by Licensor, as detailed herein
2. **License Grant**:
Licensor hereby grants Licensee a Personal, Non-assignable & non-transferable,
Commercial, Royalty free, Including the rights to create but not distribute
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.
2.1. **Limited**: Licensee may use Software for the purpose of:
2.1.1. Running Software on Licensee’s Website[s] and Server[s];
2.1.2. Modify Software to suit Licensee’s needs and specifications.
2.2. **Non Assignable & Non-Transferable**: Licensee may not assign or transfer
his rights and duties under this license.
2.3. **Commercial, Royalty Free**: Licensee may use Software for any purpose,
including paid-services, without any royalties
2.4. **Including the Right to Create Derivative Works**: Licensee may create
derivative works based on Software, including amending Software’s source
code, modifying it, integrating it into a larger work or removing portions
of Software, as long as no distribution of the derivative works is made
3. **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:
3.1. became insolvent or otherwise entered into any liquidation process;
3.2. exported The Software to any jurisdiction where licensor may not
enforce his rights under this agreements in;
3.3. Licensee was in breach of any of this license's terms and conditions
and such breach was not cured, immediately upon notification;
3.4. Licensee in breach of any of the terms of clause 2 to this license;
3.5. Licensee otherwise entered into any arrangement which caused Licensor
to be unable to enforce his rights under this License.
4. **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.
5. **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. Licensor shall provide any update or Fix free of charge;
however, nothing in this Agreement shall require Licensor to provide Updates
or Fixes.
5.1. **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, The Software under version 1.X.X, an upgrade shall
commence under number 2.0.0.
5.2. **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, The Software under version 1.1.X, an upgrade shall commence
under number 1.2.0.
5.3. **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, Software under
version 1.1.1, an upgrade shall commence under number 1.1.2.
6. **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.
6.1. **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.
6.2. **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.
7. **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.
8. **Warranty**:
8.1. **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.
8.2. **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].
8.3. **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.
9. **No Refunds**:
Licensee warrants that he inspected The Software according to above clauses
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.
10. **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.
11. **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.