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, then do not install or otherwise use the SDK. 

1. Definitions

"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, and 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 licence to:

(a) use the SDK for the sole purpose of developing, profiling, or assisting in the optimisation of internal, commercial, or non-commercial applications (“Development License”); (b) distribute the SDK in 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 authorised by OpenKM in writing, on the payment and/or support terms set out in Appendix 2 (if applicable) (“Custom License”).

3. Restrictions

Other than as expressly permitted herein, you may not: (i) use the SDK for any unauthorised 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 licence obligations or other intellectual property related terms with respect to 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 contribution to OpenKM and agree not to assert any related rights against OpenKM or any of its customers or licensees. You understand and agree that OpenKM is not required to make any use of any contribution that 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 contribution. You represent and warrant that you have sufficient rights in your contribution to comply with the foregoing.

5. Warranty Disclaimer

THE SDK IS PROVIDED “AS IS”. OpenKM HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS WITH REGARD TO 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/OR 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 FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.

7. Term

This Agreement is effective until terminated. OpenKM has the right to terminate this Agreement immediately if you fail to comply with any term of this Agreement. 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 in accordance with 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 acknowledgement 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."

If your source code is used to compile a product, the following acknowledgement 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 licence agreement

LICENCE FEES: 0 (Zero)

ROYALTY FEES: 0 (Zero)

SUPPORT AND MAINTENANCE TERMS AND FEES: 0 (Zero)