293 lines
15 KiB
Plaintext
293 lines
15 KiB
Plaintext
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CKFinder License Agreement
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Version 2.0, September 2011
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================
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http://ckfinder.com
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Copyright (C) 2007-2012, CKSource - Frederico Knabben. All rights reserved.
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This document ("Agreement") is a legal agreement between You, either an
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individual or a Legal Entity, and CKSource – Frederico Knabben ("CKSource"),
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running business activity pursuant to registration by the President of the
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Capital City of Warsaw under no. 429043, covering Your permissions to use,
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reproduce, and distribute the Software under the License terms defined hereby.
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1. Definitions
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"Agreement Name" shall mean the name used to reference this Agreement in any
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context, which is "CKFinder License Agreement 2.0".
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"Software" or "CKFinder" shall mean the copyrighted material owned by CKSource,
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subject to the terms of this License. The Software is publicly, uniquely,
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and in its entirety recognizable by the 'CKFinder' name ("Software Name").
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"Software Release" or "Release" shall mean a set of files distributed by CKSource,
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or anyone authorized to distribute it, that represents the Software. A Release is
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uniquely identified by the Software Name and a code. Such code is generally
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referenced as the Software version or revision number, or the combination of both.
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"Release Date" shall mean the day that CKSource started distributing a Release.
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"Product" shall mean a single computer program or one or more jeepluss ("Program")
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(i) owned by You, or (ii) to which the owner grants You the permission to act in
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behalf of the owner for the purposes of this Agreement. A Program family or a
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group of Programs does not constitute a Product for the scope of this Agreement.
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A Program that goes in competition with the Software in the marketplace does not
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constitute a valid Product for the scope of this Agreement.
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"Development Server" shall mean a computer with one or more computer central
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processing units (CPU's) that operates for the exclusive purpose of software
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development or software testing.
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"Development Activity" shall mean the act of interacting with the Software or one
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of its Releases, in any number of Products owned or produced by You, with the
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intent of installation, customization, configuration, testing, documentation,
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or any other software development activity related to the Software.
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"Developer Person" shall mean an authorized person designated by You to perform
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Development Activities.
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"Production Website" shall mean a Product with the Software installed, which
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already had Development Activities performed, and that has been delivered to
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end-users for production usage. Maintenance activities performed on Production
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Websites, excluding software development activities related to the Software,
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are not considered Development Activities.
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"Hostname" shall mean a unique name by which a jeeplus is reachable in a network.
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This includes, but is not limited to, a jeeplus IP address. (For example, if a
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jeeplus is reachable by the Internet address "http://www.example.com/", the
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Hostname is "www.example.com".)
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"Legal Entity" shall mean the union of the acting entity and all other entities
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that control, are controlled by, or are under common control with that entity.
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For the purposes of this definition, "control" means (i) the power, direct or
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indirect, to cause the direction or management of such entity, whether by
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contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the
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outstanding shares, or (iii) beneficial ownership of such entity.
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"You" (or "Your") shall mean an individual or a Legal Entity exercising
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permissions granted by the License and accepting this Agreement.
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2. Grant of License
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Subject to the terms of this Agreement, CKSource hereby grants to You, in one
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of the License Models described in Section 4, a non-exclusive, perpetual,
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irrevocable, royalty free, worldwide license ("License") to use, reproduce,
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modify, and distribute a Software Release in a collective work assembled
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with the Product.
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You should carefully read the following terms and conditions before using,
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installing, copying, or distributing the Software. Unless otherwise agreed in
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writing by CKSource, your use, installation, copying, or distribution of
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CKFinder indicates your acceptance of this License.
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3. Scope of License
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All rights of any kind to CKFinder which are not expressly granted in this
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Agreement are entirely and exclusively reserved to and by CKSource. CKFinder is
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protected by applicable national and international laws and treaties.
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You may use, install, copy, and distribute CKFinder solely as expressly provided
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in this Agreement. You may not rent, lease, loan, sublicense, reverse engineer,
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decompile, disassemble, or create derivative works based on the Software, in
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whole or in part, nor permit anyone else to do so.
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It is agreed that in exchange for the license set forth herein, you will pay a
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license fee ("License Fee"). The fee value will be specified by CKSource at the
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moment of the purchase.
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4. License Models
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CKFinder may be assembled with the Product and redistributed in respect of one
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and only one of the following models ("License Models") of Your choice:
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a) ("Website") Assembling the Software into a Product distributed as a single
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jeeplus ("Site"). The Site URL ("URL") must be specified at the moment of the
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purchase. The license will not be valid for sub-domains of the specified URL.
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This license includes 5 Developer licenses that cover Development Activities
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exclusively related to the Site.
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b) ("Corporate Websites") Assembling the Software with any number of Sites owned
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or produced by You. Sites produced by third parties with Software produced by
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You are not included in this License Model. This license includes 10 Developer
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licenses.
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c) ("OEM") Assembling the Software with a single Product. The Product name must
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be specified at the moment of the purchase. This license includes 5 Developer
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licenses that cover Development Activities exclusively related to the Product.
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d) ("Developer") License valid for a single Developer Person to be able to
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perform Development Activities.
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A valid Developer license is required for every single Developer Person.
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Developer licenses cannot be shared among different Developer Persons.
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Non Development Activities on Production Websites do not require Developer
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licenses.
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License Fees values may differ depending on the license model.
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5. Unlicensed Copies
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If you did not pay for a license, you may use unlicensed copies of CKFinder
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for the exclusive purpose of demonstration. In this case you will be using
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CKFinder in the "demo mode". Without derogating from the forgoing, you may not
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use CKFinder in the "demo mode" for commercial purposes. CKFinder shall only be
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used for evaluation purposes and may not be used or disclosed for any other
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purposes, including without limitation, or for external distribution.
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You may not remove demo notices from the interface nor disable the ability to
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display such notices or otherwise modify CKFinder. Product support, if any,
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is not offered for CKFinder in the "demo mode".
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6. Agreement Acceptance
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This Agreement is automatically accepted by both parties as long as You are
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in possession of legal evidence ("Legal Evidence") that the acceptance has
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taken place. The Legal Evidence can be represented by (i) an agreement signed
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by You and CKSource stating the acceptance of this Agreement or (ii) a valid
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purchase invoice, or fully paid order confirmation, provided by CKSource and
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addressed to You. The Legal Evidence must precisely indicate this Agreement Name,
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the Software Name, the License Model You have chosen, and the following
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restrictive information, if applicable:
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a) If You have chosen the Website License Model, the Site Hostname must be
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indicated in the Legal Evidence. This Agreement will be valid for the Software
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assembled with the Site publicized under the Site Hostname only. Other Sites
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are excluded from this Agreement as long as a Legal Evidence is not produced
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for each of these Sites.
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b) If You have chosen the OEM License Model, the unique and well recognizable
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name of Your Product ("Product Name") must be indicated in the Legal Evidence.
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This Agreement will be valid for the Software assembled with the Product
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recognizable by the Product Name at the moment of the purchase. This Agreement
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does not lose its validity in the case the Product is renamed after the Legal
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Evidence production.
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Legal Evidences may define further rights and limitation terms that are not
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described in this Agreement. Any term present in the Agreement that goes in
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conflict with the Legal Evidence terms is to be deleted or amended.
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Legal Evidences for different combinations of License Models, Sites, and
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Products will not restrict each other and will not interfere in the rights
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granted to You by each of them.
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Legal Evidences for the Website or OEM License Models are not transferable
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to different Sites or Products.
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7. Limitation on Releases
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This agreement is valid for all Releases of the Software that have the Release
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Date happening before the day calculated by adding 365 days to the date the
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Legal Evidence has been made effective. CKSource has no obligation to provide
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you any Release that is not released for general distribution to other
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CKSource's licensees. Nothing in this Agreement shall be construed to obligate
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CKSource to provide additional Releases to You under any circumstances.
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8. Support
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CKSource shall provide support for Developer Persons covered by valid Developer
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licenses for the period of 365 days following the day the Legal Evidence has
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been made effective. Support shall be limited to electronic messaging access.
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CKSource shall keep You informed, either per CKSource readiness or by following
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your request, including changes to it, about the rules and procedures that You
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must perform to enjoy support under the terms of this Agreement. Electronic
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messaging access shall be limited to Development Activities regarding problem
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solving, bug reporting, documentation clarification, and technical guidance
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(each a "Support Request"). CKSource is not in any way obliged to perform bug
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fixing or custom development activities as a result of a Support Request.
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9. License Key
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Following a valid License purchase, a unique license key (the "License Key")
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may be provided to You, which allows for the activation of the Software.
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The License Key is subject to the restrictions set forth in this License and
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may not be disclosed or distributed in any way. The disclosure or distribution
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of the License Key shall constitute a breach of this License, the effect of
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which shall be the automatic termination and revocation of any and all the
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rights granted herein.
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A single License Key may be issued for Licenses under the Developer License
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Model, which shall be installed on Development Servers only and will be valid
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for the number of Developers specified during the license purchase. Further
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License Keys for the Developer License Model may be issued to you, which will
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enlarge the allowed number of Developers performing Development Activities on
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Development Servers that already have the Software installed and activated by
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any of the Developer Licenses You have purchased before.
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10. Source Code
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The original source code ("Source Code") of CKFinder may be distributed by
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CKSource alongside with the executable version of it, or as integral part of it.
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You may modify and compile the Source Code. The Source Code or its modified
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version can be copied and distributed exclusively in respect to the scope of
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this license, as defined in the "License Model" terms of this license, as long
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as a valid license has been purchased for the distribution target. CKSource
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retains all rights over the Source Code and all parts of it present in modified
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versions of it. Redistributions of the Source Code and modified versions of it
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must contain the original headers and copyright notices. Modifications to the
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Source Code must be explicitly and entirely identified in the Source Code files.
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This section of the license supersedes all modification restrictions imposed by
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other sections of it. You are not allowed to remove copyright notices nor make
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changes to license validation code present in the Source Code.
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11. Reservation of Rights and Ownership
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CKSource reserves all rights not expressly granted to You in this Agreement.
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The Software is protected by copyright and other intellectual property laws and
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treaties. CKSource owns the title, copyright, and other intellectual property
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rights in the Software. The Software is licensed, not sold. This Agreement does
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not grant you any rights to trademarks or service the Software marks.
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12. Termination
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Without prejudice to any other rights, this Agreement automatically terminates
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if you fail to comply with the terms and conditions of this Agreement. You may
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terminate this Agreement at any time without cause. In case of termination,
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in any circumstance, payments issued by You will not be reimbursed.
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13. Warranty
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CKSource warrants that it has full title and ownership to the Software and has
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the authority to grant the license hereunder. To the best of CKSource's
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knowledge the Software does not infringe upon the intellectual property rights
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of any third party and that CKSource did not receive any notice regarding any
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alleged infringement thereof.
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14. Disclaimer of Warranties
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With the exclusion of warranties explicitly mentioned in Section 12, the
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Software and its related material are provided "AS IS" and without warranty of
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any kind. CKSource expressly disclaims all other warranties, expressed or
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implied, including, but not limited to, the implied warranties of
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merchantability and fitness for a particular purpose.
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15. Exclusion of Incidental, Consequential and Certain Other Damages
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CKSOURCE
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BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL
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DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS
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OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL
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INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD
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FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR
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OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR
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INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
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OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE
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SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE
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UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT
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OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY,
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BREACH OF CONTRACT, AND EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY
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OF SUCH DAMAGES.
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16. Limitation of Liability
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In no event shall CKSource's liability exceed the license fee paid, if any.
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17. Governing Law and Venue
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This Agreement shall be construed and controlled by the laws of Poland, and You
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and CKSource further consent to exclusive jurisdiction by the courts of Poland.
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"CKSource"
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CKSource Frederico Knabben
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By:
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Name: Frederico Knabben
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Title: CEO
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