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LICENSE
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License for FlyBuy SDK
Copyright (c) 2019 Radius Networks
LICENSE SUMMARY
- License does not expire.
- Can be used for creating unlimited applications
- Can be distributed in binary or object form only
- Commercial use allowed
- Cannot modify source-code for any purpose (cannot create derivative works)
- Support is provided via email at [email protected], with responses
generally provided within one business day.
- Additional terms:
- You may not modify, decompile, or reverse engineer Software.
TERMS AND CONDITIONS
1. PREAMBLE
This Agreement governs the relationship between Licensee and Radius Networks,
Inc., a duly registered company in United States whose principal place of
business is 3255 Grace St NW, Washington, DC 20007, U.S.A., United States
(Hereinafter: Licensor). This Agreement sets the terms, rights, restrictions
and obligations on using FlyBuy (hereinafter: The Software) created and owned
by Licensor, as detailed herein.
2. LICENSE GRANT
Licensor hereby grants Licensee a Sublicensable, Non-assignable &
non-transferable, Commercial, Royalty free, Without the rights to create
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. Allowing 3rd Parties to run Software on Licensee’s Website[s] and
Server[s];
2.1.3. Publishing Software’s output to Licensee and 3rd Parties;
2.1.4. Distribute verbatim copies of Software’s output (including compiled
binaries);
2.1.5. Modify Software to suit Licensee’s needs and specifications.
2.2. Binary Restricted: Licensee may sublicense Software as a part of a
larger work containing more than Software, distributed solely in Object
or Binary form under a personal, non-sublicensable, limited license.
Such redistribution shall be limited to unlimited codebases.
2.3. Non Assignable & Non-Transferable: Licensee may not assign or transfer
his rights and duties under this license.
2.4. Commercial, Royalty Free: Licensee may use Software for any purpose,
including paid-services, without any royalties
2.5. With support & maintenance: Licensor shall provide Licensee support and
maintenance as follows - Support is provided via email at
[email protected], with responses generally provided within one
business day.
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; or
3.2. exported The Software to any jurisdiction where licensor may not enforce
his rights under this agreements in; or
3.3. Licensee was in breach of any of this license's terms and conditions and
such breach was not cured, immediately upon notification; or
3.4. Licensee in breach of any of the terms of clause 2 to this license; or
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, and may, at his sole discretion, purchase upgrades, according to the
rates set by Licensor. 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, should Licensee purchase 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, should Licensee purchase 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, should Licensee purchase Software
under version 1.1.1, an upgrade shall commence under number 1.1.2.
6. SUPPORT
Software is provided with limited support, as detailed in the Software’s SLA
detailed under the License Grant. Licensor shall provide support via the
Binpress issue tracker and / or electronic mail and on regular business days
and hours.
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 clause 7(c) 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.