THE SOFTWARE (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS LICENSE. THE SOFTWARE IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE SOFTWARE OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED. BY EXERCISING ANY RIGHTS TO THE SOFTWARE PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.
- “Agreement Name” shall mean the name used to reference this Agreement in any context, which is “Fresco License”
- “Software” shall mean the copyrighted material owned by Nick Stakenburg, 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 Nick Stakenburg. A Release is uniquely identified by the Software Name and a Software Version.
- “You” (or “Your”) shall mean an individual or entity exercising permissions granted by the License and accepting this Agreement.
- “Websites” shall mean one or more websites owned by You, or to which the owner grants You permission to act in behalf of the owner for the purposes of this Agreement.
- “Products” shall mean one or more software products owned or produced by You.
- “Adaptation” means a work based upon the Software, or upon the Software and other pre-existing works, such as a translation, adaptation, derivative work, alterations or any other form in which the Software may be transformed, or adapted including in any form recognizably derived from the original.
- “Domain Name” (or “Domain”) shall mean a unique name by which a website is reachable. (For example, if a website is reachable by the address “http://www.example.com”, the Domain is “example.com”)
- “Commercial Website” A website shall be considered commercial when income is achieved through it or when the intention of it is to achieve income indirectly. When it sells products or services or has banner and/or advertising reveneus. (For example: portfolios, business websites, shops websites, club websites, auction websites, paid mail services, bet, gamble and lot websites, websites with sales and/or profit making orientation)
- “Commercial Domain” A Domain shall be considered commercial when it contains one or more Commercial Websites.
- “Non-Commercial Domain” Any Domain not considered a Commercial Domain by the terms of this Agreement.
2. Grant of License
Subject to the terms and conditions of this Agreement, Nick Stakenburg hereby grants You, in one of the License Models described in Section 3 a non-exclusive, perpetual, irrevocable, royalty free, worldwide license to use and distribute a Software Release in a collective work assembled with Websites.
3. License Models
The Software may be redistributed in respect of one of the following models (“License Models”) at Your choice:
- “Non-Commercial” Assembling the Light version of the Software into a Website distributed exclusively on Non-Commercial Domains.
- “Commercial Single Domain” Assembling the Software into Websites distributed on a single Commercial Domain.
- “Commercial Unlimited” Assembling the Software into Websites distributed on any number of Commercial Domains.
4. 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 a valid purchase invoice or fully paid order confirmation, provided by Nick Stakenburg 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:
- If You have chosen the Non-Commercial License Model no Legal Evidence is required.
- If You have chosen an Single Domain License Model, a Domain Name must be indicated in the Legal Evidence. This Agreement will be valid for the Software assembled with Sites publicized under this Domain Name only. Other Domains are excluded by this Agreement as long as a Legal Evidence is not produced for each of these Domains.
- If You have chosen the Unlimited License Model, Your Name must be indicated in the Legal Evidence. This Agreement will be valid for the Software assembled with Websites recognizable as owned or produced by You.
- If You have chosen the Enterprise License Model, Your Name must be indicated in the Legal Evidence. This Agreement will be valid for the Software assembled with Websites and Products recognizable as owned or produced by You.
Legal Evidences are not transferable to different Domains.
The license granted in Section 4 above is expressly made subject to and limited by the following restrictions:
You may not create Adaptations, alter, transform, reverse engineer, de-compile, de-obfuscate or disassemble the Software. The Software may only be altered where expressly permitted by Nick Stakenburg.
You may not publish or publicly distribute end-user-specific information that would allow a third party to use the Software without Legal Evidence.
The Software may only be assembled into a Product under the terms of this License. You must keep intact all copyright notices and notices that refer to this License with every copy of the Software you assemble into a Product.
6. Exclusions from this License Grant
Nothing in this Agreement shall be interpreted to prohibit Nick Stakenburg from licensing the Software under terms different from this Agreement. No other promises and rights are conceded by Nick Stakenburg other than those expressly under this Agreement.
7. Reservation of Rights and Ownership
Nick Stakenburg reserves all rights not expressly granted to You in this Agreement. The Software is protected by copyright and other intellectual property laws and treaties. Nick Stakenburg 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.
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.
Unless explicitly indicated in the Legal Evidence, Nick Stakenburg 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 or training of the Software.
Nick Stakenburg warrants that he has full title and ownership to the Software and has the authority to grant the license hereunder. To the best of Nick Stakenburg's 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.
11. Disclaimer of Warranties
With the exclusion of warranties explicitly mentioned in Section 10, the Software and its related material are provided “AS IS” and without warranty of any kind. Nick Stakenburg expressly disclaims all other warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
12. Exclusion of Incidental, Consequential and Certain Other Damages
IN NO EVENT SHALL NICK STAKENBURG 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, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Limitation of Liability
In no event shall Nick Stakenburg's liability exceed the license fee paid.
14. Governing Law
This Agreement shall be construed and controlled by Dutch law. You and Nick Stakenburg further consent to exclusive jurisdiction by the courts of the Netherlands.