OPEN SOURCE LICENSE AGREEMENT
This Open Source License Agreement (hereinafter referred to as the “License” or “Agreement”) sets forth the terms on which Click Labs licenses its Opentiger software made available by us (hereinafter referred to as the “Software”). The Software includes parts that are protected by copyright, trademark, and database rights owned by Click Labs. These rights enable Click Labs to control the reproduction, distribution, installation, running, and other use of the Software. Click Labs’s goal is to give its users freedom to modify the Software for their own uses and run the Software in IT-premises of their choosing. However, Click Labs wants to control the making available of the Software as a service (SaaS). This is why Click Labs excludes the right to offer the Software as a service with this license.
This License grants specific limited rights to individuals and legal entities (“You”) who wish to use or develop the Software. Click Labs reserves all the other rights. Please ensure You use the Software according to the terms and conditions set in this License. Otherwise, Your use of the Software may infringe on the rights of Click Labs.
1. LICENSE GRANT AND CONDITIONS.
Click Labs grants You a permanent, non-exclusive, royalty-free, worldwide, non-transferable, non-sub licensable license to:
- use the Software;
- prepare modifications and derivative works of the Software;
- distribute the Software (including without limitation in source code or object code form); and
- reproduce copies of the Software.
The licensed rights exclude the right to make the Software available as a software-as-a-service or platform-as-a-service where You host the Software for multiple clients or other similar online services that compete with Click Labs products or services that provide the Software (“Excluded Purpose”).
Notwithstanding the above, the above only allows usage by the individuals and not by any other company to give as a SAAS offering.
1.2 Attribution requirement.
You may make the Software available if you meet the following attribution conditions:
- You must reproduce and not remove or alter all Click Labs or third-party copyright and other proprietary notices contained on each Software copy.
- You must provide the notice below with each copy.
If You make modifications to the Software and make the software available, You must include prominent notices stating that You have modified the Software.
You may add Your own copyright notices to modifications You make to the Software. You may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications. While redistributing the Software or modifications thereof, You may choose to offer, for a fee or free of charge, support, warranty, indemnity, or other obligations. You, and not Click Labs, will be responsible for any such obligations.
1.4 No Sublicensing.
The License does not include the right to sublicense the Software, however, each recipient to which You provide the Software may exercise the Licenses so long as such recipient agrees to the terms and conditions of this License.
2. TERM AND TERMINATION.
If You breach any of the terms or conditions under this License, this License will terminate automatically and permanently. In the event that any provision, including without limitation any condition, of this License is held to be unenforceable, this License and all permissions and rights granted hereunder will immediately terminate. Otherwise, this License is permanent.
3. INTELLECTUAL PROPERTY.
Click Labs retains all right, title, and interest in the Software, and all intellectual property rights therein. Click Labs reserves all rights not expressly granted to You in this License.
CLICK LABS DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE.
5. LIMITATION OF LIABILITY.
CLICK LABS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR DIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS LICENSE. THE FOREGOING SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
6.1 Governing Law.
This License will be governed by and interpreted in accordance with the laws of India, without reference to its conflict of laws principles.
You are not authorized to assign your rights under this License to any third party. Click Labs may freely assign its rights under this License to any third party.
This License is the entire License between the parties regarding the subject matter hereof. No amendment or modification of this License will be valid or binding upon the parties unless made in writing and signed by the duly authorized representatives of both parties.