This Explyt Source License Version 1.0 ("Agreement") sets forth the terms under which Explyt Ltd ("Licensor") makes Explyt Spring Plugin software and its source code ("Software") available to the Licensee.
BY INSTALLING, DOWNLOADING, ACCESSING, USING, OR DISTRIBUTING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MUST NOT USE THE SOFTWARE. IF YOU ARE RECEIVING THE SOFTWARE ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT ON BEHALF OF SUCH ENTITY.
ADDITIONALY LICENSEE AND LICENSOR WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Notice: This is a "source-available" type of license, essentially our custom made open license for the community and you, as the Licensee, may accept it to use the Software and its source code. This license is not certified by the Open Source Initiative and cannot be certified because it prohibits any source code modifications, including the creation of derivative works. However, you are free to use our Software "as is" for both commercial and non-commercial purposes. We would be grateful if you could also contribute to the improvement of our Software, according to the terms of this Agreement, in the official repository https://github.com/explyt/spring-plugin/, to enhance the experience for everyone. Detailed process of contribution is described at https://github.com/explyt/spring-plugin/blob/main/CONTRIBUTING.md.
"Licensee" means you, an individual, or the entity on whose behalf you are receiving the Software.
Licensor Information:
Explyt Ltd, the copyright owner and developer of Software, with its principal place of business at Office A, RAK DAO Business Centre, RAK BANK ROC Office, Ground Floor, Al Rifaa, Sheikh Mohammed Bin Zayed Road, Ras Al Khaimah, United Arab Emirates, a company incorporated under the laws and regulations of RAK DAO and the United Arab Emirates, company license №07010386.
Subject to the terms and conditions of this Agreement, Licensor hereby grants to Licensee a non-exclusive, royalty-free, worldwide, non-transferable, non-sublicensable license to (a) use the Software; (b) reproduce copies of the Software; (c) distribute the Software (including, without limitation, in source code or object code form); (d) make modifications to the Software solely for the purpose of creating Contributions to submit to the Licensor's Repository, as described in Section 1.3; these rights are collectively referred to as the "License". Licensee is not granted the right to, and shall not, exercise the License for any Excluded Purpose. For the purposes of this Agreement, "Excluded Purpose" means making any modifications, alterations, enhancements to the Software, or creating derivative works of the Software, in whole or in part, for any purpose, whether commercial or non-commercial, except as expressly permitted under Section 1.3 (Contributions to Licensor's Repository).
In consideration of the License, Licensee's distribution of the Software is subject to the following conditions:
(a) Licensee must retain all copyright and proprietary notices in the Software;
(b) Licensee must include the following notice with each copy of the Software:
"This software is made available by Explyt Ltd under the terms of the Explyt Source License Version 1.0, available at https://github.com/explyt/spring-plugin/blob/main/EXPLYT-SOURCE-LICENSE.md BY INSTALLING, DOWNLOADING, ACCESSING, USING, OR DISTRIBUTING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS LICENSE."
Notwithstanding the restrictions of the Excluded Purpose in Section 1.1, the Licensee is permitted to create modifications, enhancements, and improvements to the Software (collectively, "Contributions") solely for the purpose of submitting them to the Licensor's official repository (the "Repository") under the following conditions:
(a) Contributions Right and Process:
Licensee may produce and submit Contributions to the Repository. These Contributions may only be made and used for the sole purpose of providing them to the Repository. All Contributions are subject to review and approval by Licensor before incorporation into the Software.
(b) License Back to Licensor:
By submitting a Contributions to the Repository, Licensee grants Licensor a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, distribute, sublicense, and make available the Contributions. This includes incorporating the Contributions into the Software and licensing it to third parties under this License or other terms at Licensor's discretion.
Licensee represents and warrants that they have all necessary rights to grant such a license to Licensor.
Licensee acknowledges that they will not receive any compensation or credit for their Contributions unless otherwise agreed in writing by Licensor.
(a) License Modifications:
Licensor reserves the right to modify or replace this License at any time. Any changes to this License will apply to all subsequent versions of the Software released on or after the date of such changes. The updated License will be made available in the Repository and will take effect on publication.
(b) License Revoke via Transformation:
Licensor may also, at its sole discretion at any time, revoke all previous licensing of the Software under this Agreement. In such cases, Licensor must choose to re-license the Software either:
- Under a new "source-available" license which provides the Licensee with rights to use the Software that are no less than those provided under the revoked License; or
- Under the GNU Affero General Public License (GNU AGPLv3) or another Open Source Initiative (OSI)-approved license, chosen at Licensor's discretion.
In this event, the License is terminated, but the Licensee may continue their usage of the Software under the new "source-available" license or OSI-approved license chosen by the Licensor.
Notice: Nothing in this License grants the Licensor the right to revoke the License without replacing it with one of the above-mentioned alternatives. We would like to inform you that we will try our best to avoid such cases, and if they occur, we cannot simply revoke the License without providing you with an equal alternative or an OSI-approved license.
Licensee is expressly prohibited from altering or modifying the Software, either partially or in its entirety, for any purpose other than making Contributions as expressly permitted in Section 1.3. Licensee may not
(a) create or distribute derivative works from the Software, including modified versions of the Software,
(b) sublicense or relicense any rights in the Software, unless explicitly authorized by Licensor through written consent.
Licensing Term of the Agreement grants Licensee the right to use the specific version of the Software released under this Agreement for the entire duration of the copyright term. Licensor reserves the right to revoke and discontinue licensing of the Software under this Agreement for any future versions of the Software. However, once a version of the Software has been licensed to a Licensee under this Agreement, the granted License for that version is irrevocable and perpetual, with exemption of the Licensor to “transform” by revoking this License and providing software under Open Source Initiative (OSI)-approved license, as described in Section (b) 1.4 “License Transformation”.
Licensor may terminate this Agreement and revoke the License granted herein at any time as outlined in Section (b) 1.4 “License Transformation”.
Licensor may terminate this Agreement immediately upon notice to Licensee if Licensee breaches any term or condition of this Agreement. If Licensee breaches any of its conditions or obligations under this Agreement, this Agreement will terminate automatically, and the License will terminate automatically and permanently.
Upon termination, Licensee shall cease all use of the Software and destroy all copies in their possession or control. The Licensee may be required, under applicable law, to compensate Licensor for any damages or pay statutory compensation for any breaches of the terms and conditions that constitute an infringement of Licensor's exclusive rights to the Software.
Sections pertaining to Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and General provisions shall survive termination of this Agreement.
Licensor retains all right, title, and interest in and to the Software, including all intellectual property rights therein. This Agreement does not transfer any ownership or rights in the Software to Licensee. This Agreement does not grant any rights to use the trademarks or trade names "Explyt Ltd" or any other trademarks, service marks, logos, or trade names belonging to Licensor.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LICENSOR FURTHER DISCLAIMS ANY WARRANTY THAT THE OPERATION OF THE SOFTWARE OR ANY RELATED SERVICES WILL BE ERROR-FREE AND UNINTERUPTED. LICENSEE IS SOLELY RESPONSIBLE FOR CONDUCTING REVIEW OF THE AVAILABLE UNDER THIS LICENSE SOURCE CODE OF THE SOFTWARE AS NECESSARY BEFORE ANY USE BY THE LICENSEE.
IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM LICENSEE'S ACCESS TO, OR USE OF, THE SOFTWARE.
This Agreement shall be governed by and construed in accordance with the laws of the United Arab Emirates, without regard to its conflict of law principles. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in the United Arab Emirates.
Licensee may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without Licensor's prior written consent. Any attempt by Licensee to assign this Agreement without such consent will be null and void.
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral.
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
The failure of Licensor to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
For inquiries, including requests for other licenses or permissions, please contact:
Explyt Ltd
Email: [email protected]
Address: Office A, RAK DAO Business Centre, RAK BANK ROC Office, Ground Floor, Al Rifaa, Sheikh Mohammed Bin Zayed Road, Ras Al Khaimah, United Arab Emirates
Company License №07010386