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Copyright (C) 1999-2021 Ibexa AS (formerly eZ Systems AS). All rights reserved. | ||
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This source code is available separately under the following licenses: | ||
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A - Ibexa Business Use License Agreement (Ibexa BUL), | ||
version 2.3 or later versions (as license terms may be updated from time to time) | ||
Ibexa BUL is granted by having a valid Ibexa DXP (formerly eZ Platform Enterprise) subscription, | ||
as described at: https://www.ibexa.co/product | ||
For the full Ibexa BUL license text, please see: | ||
- LICENSE-bul file placed in the root of this source code, or | ||
- https://www.ibexa.co/software-information/licenses-and-agreements (latest version applies) | ||
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AND | ||
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B - Ibexa Trial and Test License Agreement (Ibexa TTL), | ||
version 2.2 or later versions (as license terms may be updated from time to time) | ||
Trial can be granted by Ibexa, reach out to Ibexa AS for evaluation access: https://www.ibexa.co/about-ibexa/contact-us | ||
For the full Ibexa TTL license text, please see: | ||
- LICENSE file placed in the root of this source code, or | ||
- https://www.ibexa.co/software-information/licenses-and-agreements (latest version applies) | ||
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Copyright (C) 1999-2021 Ibexa AS (formerly eZ Systems AS). All rights reserved. | ||
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This source code is available separately under the following licenses: | ||
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A - Ibexa Business Use License Agreement (Ibexa BUL), | ||
version 2.3 or later versions (as license terms may be updated from time to time) | ||
Ibexa BUL is granted by having a valid Ibexa DXP (formerly eZ Platform Enterprise) subscription, | ||
as described at: https://www.ibexa.co/product | ||
For the full Ibexa BUL license text, please see: | ||
- LICENSE-bul file placed in the root of this source code, or | ||
- https://www.ibexa.co/software-information/licenses-and-agreements (latest version applies) | ||
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AND | ||
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B - Ibexa Trial and Test License Agreement (Ibexa TTL), | ||
version 2.2 or later versions (as license terms may be updated from time to time) | ||
Full Ibexa TTL license text below, or online on: https://www.ibexa.co/software-information/licenses-and-agreements (latest version applies) | ||
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---------------------------------------------------------- | ||
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Ibexa Trial and Test License Agreement ("Ibexa TTL") Version 2.2 | ||
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IMPORTANT: Please read the following license agreement carefully. | ||
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This license agreement is between Ibexa AS (Norwegian business | ||
registration no. 981 601 564, formerly eZ Systems AS), a Norwegian company | ||
("Licensor" or "Ibexa"), and a test or trial user ("Licensee" or "you"). | ||
By installing all or any portion of the software (or authorizing any other | ||
person to do so), you accept the terms and conditions of this license. | ||
If you acquired the software without an opportunity to review this license | ||
and do not accept the license, you must: (a) not use the software and (b) | ||
return or delete the software, with your certification of deletion, within | ||
thirty (30) days of the acquire date. | ||
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This license agreement is entered into in connection with Licensee's | ||
participation in testing a new version of Licensor software and is valid | ||
for 6 months from the date the software was acquired (downloaded). | ||
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The parties hereby agree to the following software license terms: | ||
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1. Definitions | ||
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"Licensed Software" means the Ibexa Digital Experience Platform (DXP) | ||
or other Ibexa software product (such as eZ Platform Enterprise Edition, | ||
eZ Publish Platform) downloaded, ordered or otherwise legally acquired | ||
(licensed) by you from Ibexa (or other party authorized by Ibexa). | ||
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"Licensed Copy" means one sample of the Licensed Software. | ||
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"Website" means up to three defined site access configurations (unique | ||
URLs) that may for instance consist of one site for public use, one site | ||
for internal use (such as an intranet) and one site for site | ||
administrator use, communicated an unlimited number of channels | ||
(such as traditional web, mobile). | ||
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2. License grant | ||
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2.1 You may | ||
Licensor grants you a limited, non-exclusive, time limited and | ||
non-transferable right to: | ||
(a) install and run the Licensed Copy on the agreed number of Websites | ||
for internal testing purposes; | ||
(b) make enhancements, patches, workarounds, bug fixes or other | ||
modifications (collectively "Licensee Modifications") to the Licensed | ||
Copy, solely for your internal testing of the Licensed Software, and | ||
(c) perform presentations based on the Licensed Software, including | ||
building and presenting sample solutions to your clients or potential | ||
clients. | ||
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Since the license is free of charge, you are obliged to submit Licensee | ||
Modifications to Ibexa on a continuous basis to [email protected] as | ||
contributions, see section 7.1. Such contribution must include a short | ||
note explaining the Licensee Modification. | ||
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Licensee may make a reasonable number of copies of the Licensed Copy as | ||
required for backup and archival purposes only. | ||
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2.2 You may not | ||
Licensee may use the Licensed Software only as expressly granted in | ||
section 2.1. Without limiting the foregoing, Licensee may not: (a) use | ||
or operate the Licensed Software for regular business use; (b) give, | ||
lease, license, sell, make available, or distribute any part of the | ||
Licensed Software or Licensee Modifications to any third party, except | ||
as otherwise expressly permitted herein; (c) use the Licensed Software | ||
to operate in or as a time-sharing, outsourcing, service bureau, | ||
application service provider, managed service provider environment or | ||
similar service directed towards and performed on behalf or for the | ||
benefit of a third party; (d) copy the Licensed Software onto any public | ||
or distributed network; or (e) change any rights notices which appear in | ||
the Licensed Software. | ||
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3. Your responsibility | ||
Except as expressly set forth herein or in a separate written agreement, | ||
Licensee is the sole responsible for the installation of the Licensed | ||
Software, its operation, supervision, maintenance, management and | ||
related training and support. You are also the sole responsible for any | ||
related installation, maintenance and configuration of computer hardware | ||
used by the Licensed Software. | ||
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4. Price | ||
You may use the Software free of charge. | ||
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5. Audit rights | ||
During the term of this license and for a three (3) year period | ||
following its termination, Licensor may conduct periodic reviews of | ||
Licensee's records relating to its Licensed Software for the purpose of | ||
verifying Licensee's compliance with this license and any related | ||
agreements. During this three (3) year period, you are obliged to | ||
maintain complete and accurate books and other records related to | ||
software licensing and related payments. Licensor must exercise its | ||
right of audit upon no fewer than 15 days' prior notice. Licensee will | ||
provide Licensor with reasonable access and assistance for the audit, | ||
including reasonable use of available office equipment and space. | ||
Licensor shall upon request deliver to Licensee a copy of the results of | ||
any such audit. | ||
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6. Termination | ||
Licensor may terminate this license immediately if you are in breach any | ||
of its provisions and such breach remains uncured 30 days after receipt | ||
of notice. In the event that you are or becomes liquidated, dissolved, | ||
bankrupt or insolvent, whether voluntarily or involuntarily, or is to | ||
take any action to be so declared, Licensor may terminate this license | ||
immediately. Upon cancellation or other termination of this license, for | ||
any reason, you must immediately destroy all copies of the Licensed | ||
Software, and confirm the destruction within 7 (seven) days. Sections 5 | ||
through 11 shall survive the termination of this license for any reason. | ||
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7. Intellectual property rights | ||
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7.1 General | ||
Licensee agrees that the copyright and all other intellectual property | ||
and proprietary rights of whatever nature in the Licensed Software and | ||
related documentation are not by this license transferred to you. No | ||
trademarks of Ibexa may be used by you without Licensor's express written | ||
permission. If permission is grated, use must always take place in | ||
accordance with the applicable Licensor guidelines as they may be | ||
updated from time to time. For Licensee Modifications, you must, in the | ||
modified files and in a separate text file, clearly indicate that the | ||
Licensed Software contains modifications and state their dates. | ||
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7.2 Contribution of Licensee Modifications | ||
To the extent that any contributed Licensee Modifications incorporates | ||
any element which is subject to any intellectual property right owned by | ||
Licensee, Licensee hereby grants to Ibexa an unrestricted, non-exclusive, | ||
perpetual, royalty-free, world-wide, irrevocable and fully transferable | ||
license to make, use, sell, offer for sale, reproduce, create | ||
derivatives of, publish, display, sublicense or otherwise practice such | ||
intellectual property right. | ||
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Regarding any copyrights in Licensee Modifications: | ||
- You hereby assign to us joint ownership, and to the extent that such | ||
assignment is or becomes invalid, ineffective or unenforceable, you | ||
hereby grant to us a perpetual, irrevocable, non-exclusive, worldwide, | ||
no-charge unrestricted license to exercise all rights under those | ||
copyrights. This includes, at our option, the right to sublicense | ||
these same rights to third parties through multiple levels of | ||
sub-licensees or other licensing arrangements; | ||
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- You agree that each of us can do all things in relation to Licensee | ||
Modifications as if each of us were sole and independent copyright | ||
holders. If one of us makes a derivative work the Licensee | ||
Modifications, the one who makes the derivative work (or has it made) | ||
will be the sole owner of that derivative work, hereunder make, have | ||
made, use, license, offer to license, import, and otherwise transfer | ||
your contribution in whole or in part, whether at a charge or at | ||
no-charge; | ||
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- You agree that neither of us have any duty to consult with, obtain the | ||
consent of, pay or render accounts to the other for any use or | ||
distribution of the material. | ||
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With respect to the Licensee Modifications, you represent that: | ||
- it is an original work by you and that you can legally grant the | ||
rights set out in these terms; | ||
- it does not to the best of your knowledge violate any third party's | ||
copyrights, trademarks, patents or other intellectual property rights. | ||
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8. Disclaimer of warranties | ||
The Licensed Software is licensed "as is," without any warranties | ||
whatsoever. Licensor expressly disclaims, and licensee expressly waives, | ||
all warranties, whether express or implied, including warranties of | ||
merchantability, fitness for a particular purpose, non-infringement, | ||
system integration, non-interference and accuracy of informational | ||
content. Licensor does not warrant that the licensed software will meet | ||
licensee's requirements or that the operation of the licensed software | ||
will be uninterrupted or error-free, or that errors will be corrected. | ||
The entire risk of the licensed software's quality and performance is | ||
with licensee. | ||
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9. Indemnification | ||
Licensee agrees to indemnify and hold Licensor harmless against any | ||
damage or loss (including reasonable attorneys' fees) related to any | ||
claim based upon: (a) use of the Licensed Software in a manner | ||
prohibited under this license or in a manner for which the Licensed | ||
Software was not designed; (b) Licensee Modifications or changes made by | ||
Licensee to the Licensed Software (where use of unmodified Licensed | ||
Software would not infringe); or (c) changes made, or actions taken, by | ||
Licensor upon Licensee's direct instructions. | ||
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10. Limitation of liability | ||
To the extent permitted by applicable law, licensor shall have no | ||
liability with respect to its obligations under this license or | ||
otherwise for direct, consequential, exemplary, special, indirect, | ||
incidental or punitive damages, including any lost profits or lost | ||
savings (whether resulting from impaired or lost data, software or | ||
computer failure or any other cause), even if it has been advised of the | ||
possibility of such damages. | ||
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This limitation of liability applies to any default, including breach of | ||
contract, breach of warranty, negligence, misrepresentations and other | ||
torts. The parties agree that the remedies and limitations herein | ||
allocate the risks between the parties as authorized by applicable laws. | ||
The license fee (non) is set in reliance upon this allocation of risk | ||
and the exclusion of certain damages as set forth in this license. | ||
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11. Miscellaneous | ||
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11.1 Interpretation | ||
Failure by Licensor to exercise any right or remedy does not signify | ||
acceptance of the event giving rise to such right or remedy, or loss of | ||
such right. No claim arising out of this License may be brought by you | ||
more than one year after the cause of the claim arose. | ||
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If any part of this license is held by a court of competent jurisdiction | ||
to be illegal or unenforceable, the validity or enforceability of the | ||
remainder of this License shall not be affected and such provision shall | ||
be deemed modified to the minimum extent necessary to make such | ||
provision consistent with applicable law. In its modified form, such | ||
provision shall be enforceable and enforced. | ||
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11.2 Termination for patent action | ||
This license shall terminate automatically and you may no longer | ||
exercise any of the rights granted to you by this license as of the date | ||
you commence an action, including a cross-claim or counterclaim, against | ||
Ibexa, an Ibexa partner or other licensee of Ibexa software alleging that the | ||
Software infringes a patent. | ||
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11.3 Assignment | ||
Without the prior written consent of Licensor, you may not assign, | ||
sublicense or otherwise transfer this license or its rights or | ||
obligations under this license to any person or party, whether by | ||
operation of law or otherwise. Any attempt by you to assign this license | ||
without Licensor's prior written consent is void and will terminate the | ||
license without further notice. | ||
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11.4 Governing law | ||
This License shall be deemed to have been executed in Norway and shall | ||
be governed by the laws of Norway, without regard to any conflict of law | ||
provisions. | ||
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11.5 Disputes and legal venue | ||
The parties shall first attempt to resolve any disputes, controversies | ||
or claims (collectively "Dispute") arising out of or relating to this | ||
license through amicable discussions and negotiations. | ||
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If a Dispute cannot be resolved amicably between the parties, such | ||
Dispute shall be referred to Oslo City Court as mandatory legal venue. | ||
However, if you are located in a country that does not have a bilateral | ||
or multilateral ruling enforcement treaty with Norway, the Dispute shall | ||
be referred to and finally determined by arbitration administered by the | ||
World Intellectual Property Organization (WIPO) Arbitration and | ||
Mediation Centre in accordance with the WIPO Arbitration Rules. | ||
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The place of arbitration shall be in Oslo, Norway. The arbitrator - of | ||
which there shall be only one - shall be bound by the provisions of this | ||
license and base the award on Norwegian substantive law and judicial | ||
precedent. The parties agree that the arbitrator shall have the power to | ||
decide all matters, including arbitrability, and to award any remedies, | ||
including attorneys' fees, costs and equitable relief, available under | ||
applicable law. Either party may enforce any judgment rendered by the | ||
arbitrator in any court of competent jurisdiction. The parties further | ||
agree and acknowledge that arbitration shall be the sole and final | ||
remedy for any dispute between the parties. All proceedings and | ||
documents shall remain strictly confidential. | ||
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In no event shall the United Nations Convention on Contracts for the | ||
International Sale of Goods apply to, or govern, this License. | ||
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11.6 Notices | ||
Any notice under this license shall be delivered and addressed to | ||
Licensee at the address provided to Licensor (or authorized | ||
representative) at the time of order, and to Licensor at | ||
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Attn: Software Licensing Dept/CLA, | ||
Ibexa AS, | ||
Solligata 2, | ||
0254 Oslo | ||
Norway | ||
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Notices are deemed received by any party: (a) on the day given, if | ||
personally delivered or if sent by confirmed facsimile transmission, | ||
receipt verified; (b) on the third day after deposit, if mailed by | ||
certified, first class, postage prepaid, return receipt requested mail, | ||
or by reputable, expedited overnight courier; or (c) on the fifth day | ||
after deposit, if sent by reputable, expedited international courier. | ||
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Either party may change its address for notice purposes upon notice in | ||
accordance with this section. | ||
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11.7 Export law assurances | ||
Licensee is responsible for complying with any applicable local laws, | ||
including but not limited to export and import regulations. | ||
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11.8 Entire agreement | ||
This license comprises the entire agreement, and supersedes and merges | ||
all prior proposals, understandings and agreements, oral and written, | ||
between the parties relating to the subject matter of this license. | ||
Licensor's acceptance of any document shall not be construed as an | ||
acceptance of provisions which are in any way in conflict or | ||
inconsistent with, or in addition to, this license, unless such terms | ||
are separately and specifically accepted in writing by an authorized | ||
officer of Licensor. | ||
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11.9 Update of terms | ||
The Licensor may from time to time issue new versions of this license. | ||
Unless you within 30 days from when you were first made aware or should | ||
have become aware of the new license has not made reservations directed | ||
at Licensor in writing, such new version of the license shall be deemed | ||
as accepted by you. |
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