TERMS & CONDITIONS
Both the Licensee and Software provider agree to adhere to the following terms and conditions.
The Software Provider has granted, with acceptance of this source code license agreement, ´Gorilla Software Eric Berger´ total licenses to be used as permitted. These licenses shall be considered perpetual and non-transferrable.
The licenses granted may be used by the Licensee as well as any employees and subcontractors providing services for the Licensee.
Throughout this agreement, “Software” shall be defined as all source codes, object codes, link libraries, utility programs, project files, scripts related to the software listed above.
The Software shall remain the intellectual property of the Software Provider ´Gorilla Software Eric Berger´ at all times.
In consideration of all terms and conditions contained within this contract the Licensee shall have the nonexclusive and nontransferable rights as stated below.
The Licensee will hold the right to incorporate the dynamic and statically linked libraries that the Software Provider has developed.
Unless prior written consent has been obtained from the Software Owner, the following shall not be allowed.
The Licensee is not allowed to make and distribute an unlimited number of copies of the libraries mentioned above.
The distribution of any source codes, header files, make files, or libraries of the software.
The software should not be merged, compiled, or copied unless expressed in this agreement.
Alteration or removal of any notices in or on the software or within the documentation included within the software.
Any distribution of the software by the Licensee that is not conducted with approval from the Software Provider.
Disclosure of any source codes pertaining to the software to any additional parties not included in this agreement.
The Licensee shall not disassemble, decompile or reverse engineer any object code contained within the software.
The number of licenses being used may at no point and time be more than the number of licenses purchased through this agreement.
DEVELOPER EDITION RESTRICTIONS
The Licensee is not allowed to publish or release any software built with this Software.
The Software is allowed to be used for development purposes only.
There is no limitation to the number of projects used.
The Software contains visual and hardcoded watermarks to identify the source.
The Licensee is not allowed to remove those watermarks from the Software.
A Developer Edition installation can be used for teams with up to 5 developers.
If the number of maximum developers is exceeded a commercial edition license is needed for each developer.
COMMERCIAL EDITION RESTRICTIONS
The Licensee is allowed to publish and release any software built with this Software.
There is no limitation to the number of projects used.
The Software does not contain any visual and hardcoded watermarks to identify the source.
The Licensee is allowed to install and run the Software on a single machine.
In case a commercial license with source code files was purchased, the Licensee is allowed
to make modifications and recompile the packages.
The Licensee is not allowed to distribute those modifications.
All software included in this source code license agreement as well as all documentation included with said software is provided in an “as is” condition.
The Licensee shall be granted a 72 hour period after initial access is granted. During this period, the Licensee may report any errors, missing features, or other issues related to the source code.
This initial inspection shall be performed with the source code in its original state. Any modification or other alteration of the source code shall constitute acceptance of the Software by the Licensee.
The Software Provider agrees to correct any such errors in a timely manner, after which the Licensee shall accept the source code for use pursuant to the terms of this agreement.
The Software Provider makes no guarantee as to the source code’s performance once it has been accepted by the Licensee.
Under no circumstances will either party or their representatives be liable to each other for any incidental, consequential, or indirect damages including but not limited to lost or damaged data, revenue loss, economic loss, or commercial loss arising out of a breach of any terms and conditions set forth in this source code license agreement.
This limitation of liability shall apply regardless of if the alleged breach is a fundamental breach or fundamental term.
Both parties are in understanding that some jurisdictions do not allow the exclusion of liability for consequential damages and as so the above limitation may not apply.
TERM & TERMINATION
While the term of this agreement may be perpetual, this agreement may terminate immediately in the event any breach occurs of the terms and conditions listed herein.
The defaulting party will be allotted 30 days to cure the breach upon written notice or face immediate agreement termination.
Under no condition should any disclosures of the licensed source code or theft of the Clients computers be grounds for termination of this agreement.
In the event of termination the Licensee must destroy any and all copies of the Software as well as the included documentation.
The Licensee agrees to hold the Software Provider harmless as well as defend the Software Provider from any and all damages, costs, and liabilities that take place from a lawsuit due to any of the following
Breach of Contract
Additionally, the Software Provider shall indemnify and hold the Licensee harmless against any damages related to the source code.
The Licensee agrees to display an appropriate copyright notice in any final versions of Software containing the source code distributed to third parties.
Any disputes related to this agreement shall be resolved in accordance with the laws of Gorilla Software Eric Berger, Dresden, Germany and any and all legal proceedings shall take place as such.