EULA - OpenKM SDK End User License Agreement
Version 1.0, latest update October 2015
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING ANY PORTION OF THE SDK, YOU WILL BE LEGALLY BOUND TO THESE TERMS.
Open Knowledge Management System S.L. ("OpenKM") provides this Software Development Kit subject to the terms of this Agreement. If you do not agree with any of these terms, do not install or otherwise use the SDK.
"SDK" means all or any component of software in source or binary form, tools, code examples, drivers, files, libraries, utilities, reference manuals, documentation, or other materials, including any related updates or upgrades made available by OpenKM under this Agreement from time to time.
2. Licence Grant
Subject to your compliance with the terms of this Agreement, OpenKM grants to you a non-exclusive, non-assignable license to:
(a) use the SDK for the sole purpose of developing, profiling, or assisting in the optimization of internal, commercial, or non-commercial applications ("Development License"); (b) distribute the SDK in an object file or compiled binary form as a component of your application, provided that: (i) you do not distribute the SDK on a stand-alone basis; (ii) you distribute such components under terms no less restrictive than those in this Agreement; (iii) you comply with the attribution requirements set out in Appendix 1; (iv) you are solely responsible for any update, support obligation or other liability that may arise from such distribution; you do not make any statements that your application or its performance are certified, guaranteed or otherwise endorsed by OpenKM ("Production License") (c) Use the SDK as expressly authorized by OpenKM in writing, on the payment, and support terms set out in Appendix 2 (if applicable) ("Custom License").
Other than as expressly permitted herein, you may not: (i) use the SDK for any unauthorized purpose; (ii) modify, disassemble, decompile, reverse engineer, revise or enhance the SDK, create derivative works, or attempt to discover the source code for any element of the SDK; (iii) remove any proprietary or copyright notices on or accompanying the SDK; or (iv) incorporate or combine the SDK, with any source software in such a way that would cause the SDK, or any portion thereof, to be subject to all or part of the license obligations or other intellectual property related terms concerning such source software.
4. Ownership and Contributions
OpenKM retains all ownership of the SDK, including without limitation all copyrights and other intellectual property rights therein.
To the extent you provide any feedback or make any contributions in connection with the SDK (collectively "contributions"), you agree to assign all intellectual property rights in such contributions to OpenKM. You agree not to assert any related rights against OpenKM, its customers, or licensees. You understand and agree that OpenKM is not required to make any use of any contribution you provide but that if OpenKM makes use of your contribution, neither OpenKM nor any of its customers or licensees are required to credit or compensate you for your assistance. You represent and warrant that you have sufficient rights in your contribution to comply with the preceding.
5. Warranty Disclaimer
THE SDK IS PROVIDED "AS IS. " OpenKM, as a result of this, DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS about THE SDK, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
6. Limitation of Liability
IN NO EVENT WILL OpenKM BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER ARISING FROM THIS AGREEMENT and YOUR USE OF THE SDK OR ANY COMPONENT THEREOF, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF OpenKM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE PRECEDING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.
This Agreement is effective until terminated. OpenKM can terminate this Agreement immediately if you fail to comply with any terms. You may terminate this Agreement by destroying or returning to OpenKM all copies of the SDK in your possession.
8. Governing Law
This Agreement is governed by and shall be construed per Spanish Law, and each party agrees to submit to the exclusive jurisdiction of the courts of Spain.
APPENDIX 1: ATTRIBUTION REQUIREMENTS
If SDK is released as it is, the Copyright notice should be kept in a visible position.
If SDK is bundled with a product, the following acknowledgment should be displayed clearly in any associated documentation or other collateral in printed or electronic form distributed with the product incorporating the SDK library: "This product includes the SDK from Open Knowledge Management System S.L."
Suppose your source code is used to compile a product. In that case, the following acknowledgment should be displayed clearly in any associated documentation or other collateral in printed or electronic form distributed with the product incorporating the SDK library: "This product includes the SDK from Open Knowledge Management System S.L."
APPENDIX 2: FEES
There are no fees as a consequence of this license agreement
LICENCE FEES: 0 (Zero)
ROYALTY FEES: 0 (Zero)
SUPPORT AND MAINTENANCE TERMS AND FEES: 0 (Zero)