Version 1.0, Mar 2011
This document (“Agreement”) is a legal agreement between You, either an individual or a Legal Entity, and jCore CMS – Istvan Petres, running business activity pursuant to registration by the President of the Capital City of Harghita under no. 21116874, covering Your permissions for use, reproduction and distribution of the Software under the License terms defined hereby.
1. Definitions
“Agreement Name” shall mean the name used to reference this Agreement in any context, which is “jCore CMS Closed Distribution License 1.0” or in short “jCore CMS CDL 2.0”.
“Software” shall mean the copyrighted material owned by jCore CMS, subject to the terms of this License. The Software is publicly, uniquely and in its entirety recognizable by a well known name (“Software Name”).
“Software Release” or “Release” shall mean a set of files distributed by jCore CMS, or anyone authorized to distribute it, that represents the Software. A Release is uniquely identified by the Software Name and a code. The code is generally referenced as the Software version or revision number, or the combination of both.
“Release Date” shall mean the day that jCore CMS started distributing a Release.
“Legal Entity” shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
“You” (or “Your”) shall mean an individual or Legal Entity exercising permissions granted by the License and accepting this Agreement.
“Product” shall mean a single computer program or one or more web sites (i) owned by You, or (ii) to which the owner grants You the permission to act in behalf of the owner for the purposes of this Agreement. A computer program family or a group of computer programs does not constitute a Product for the scope of this Agreement. A computer program that goes in competition with the Software in the marketplace does not constitute a valid Product for the scope of this Agreement.
“LGPL” shall mean the document publicly recognized as the GNU Lesser General Public License, Version 2.1. The full text of the LGPL is available in Appendix A.
“Hostname” shall mean a unique name by which a web site is reachable in a network. This includes a web site IP address, but not limited to. (For example, if a web site is reachable by the Internet address “http://www.example.com/”, the Hostname is “www.example.com”)
2. Grant of License
Subject to the terms and conditions of the LGPL and this Agreement, jCore CMS hereby grants to You, in one of the License Models described in Section 4 a non-exclusive, perpetual, irrevocable, royalty free, worldwide license to use, reproduce, modify and distribute a Software Release in a collective work assembled with the Product.
2.1 Additional License Grants
a) The LGPL text doesn’t have to be distributed alongside with the Product and no reference to it needs to be made;
b) The source code of the Software doesn’t have to be distributed alongside with the Product;
c) No references to the Software or to jCore CMS must be done in any file distributed with the Product;
d) You can remove any file from the Software when assembling it with the Product;
e) The Product can be licensed under any license terms;
f) You’re not required to license modifications you make to the Software under the LGPL license.
3. Conflict between the LGPL and this Agreement
Any term or condition expressed in the LGPL, which conflicts with terms of this Agreement, are to be deleted, prevailing the later over the former.
4. License Models
The Software may be assembled with the Product and redistributed in respect of one and only one of the following models (“License Models”) at Your choice:
a) (“Web Site”) Assembling the Software into a Product distributed as a single web site (“Site”).
b) (“Corporate Web Sites”) Assembling the Software in any number of Sites owned or produced by You. Sites produced by third parties with Software produced by You are not included in this License Model.
5. Agreement Acceptance
This Agreement is automatically accepted by both parties as long as You are in possession of legal evidence (“Legal Evidence”) that the acceptance has taken place. The Legal Evidence can be represented by (i) an agreement signed by You and jCore CMS stating the acceptance of this Agreement or (ii) a valid purchase invoice, or fully paid order confirmation, provided by jCore CMS and addressed to You. The Legal Evidence must precisely indicate this Agreement Name, the Software Name, the License Model You have chosen and the following restrictive information, if applicable:
a) If You have chosen the Web Site License Model, the Site Hostname must be indicated in the Legal Evidence. This Agreement will be valid for the Software assembled with the Site publicized under the Site Hostname only. Other Sites are excluded by this Agreement as long as a Legal Evidence is not produced for each of these Sites.
Legal Evidences may define further rights and limitations terms that are not described in this Agreement. Any term present in the Agreement that goes in conflict with the Legal Evidence terms are to be deleted or amended.
Legal Evidences for different combinations of License Models, Sites and Products will not restrict each other and will not interfere in the rights granted to You by each of them.
6. Limitation on Releases
This agreement is valid for all Releases of the Software that have the Release Date happening before the day calculated by adding 365 days to the date the Legal Evidence has been made effective.
7. Support
Unless explicitly indicated in the Legal Evidence, jCore CMS is not required to provide you any kind of support on any activity following the acceptance of this Agreement, including, but not limited to, the use, integration, description, documentation or training of the Software.
8. Exclusions from this License Grant
Nothing in this Agreement shall be interpreted to prohibit jCore CMS from licensing the Software under terms different from the LGPL or this Agreement. No other promises and rights are conceded by jCore CMS other than those expressly under this Agreement.
9. Reservation of Rights and Ownership
jCore CMS reserves all rights not expressly granted to You in this Agreement. The Software is protected by copyright and other intellectual property laws and treaties. jCore CMS owns the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. This Agreement does not grant you any rights to trademarks or service the Software marks.
10. Termination
Without prejudice to any other rights, this Agreement automatically terminates if you fail to comply with the terms and conditions of this Agreement. You may terminate this Agreement at any time without cause. In case of termination, in any circumstance, payments issued by You will not be reimbursed.
11. Warranty
jCore CMS warrants that he has full title and ownership to the Software and has the authority to grant the license hereunder. To the best of Jcore CMS' knowledge the Software does not infringe upon the intellectual property rights of any third party and that he did not receive any notice regarding any alleged infringement thereof.
12. Disclaimer of Warranties
With the exclusion of warranties explicitly mentioned in Section 11, the Software and its related material are provided “AS IS” and without warranty of any kind and jCore CMS expressly disclaims all other warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
13. Exclusion of Incidental, Consequential and Certain Other Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JCORE CMS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, AND EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Limitation of Liability
In no event shall jCore CMS' liability exceed the license fee paid, if any.
15. Governing Law and Venue
This Agreement shall be construed and controlled by the laws of Romania, and You and jCore CMS further consent to exclusive jurisdiction by the courts of Romania.
Appendix A
The complete text of the LGPL license can be found online at the following URL:
http://www.opensource.org/licenses/lgpl-2.1.php