295 lines
17 KiB
HTML
295 lines
17 KiB
HTML
<!DOCTYPE html>
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<html lang="en">
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<meta charset="UTF-8">
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<title>CKFinder License</title>
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</head>
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<body>
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<h2>CKFinder License Agreement, Version 3.1</h2>
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<p>This document (“Agreement”) is a legal agreement between You, either an individual or a Legal Entity, and
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CKSource sp. z o.o. sp.k., with its registered office in Warsaw, at ul. Zygmunta Słomińskiego 15 lok. 508, 00-195
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Warsaw, Poland, NIP number 5252621537, REGON: 361766395 (“CKSource”), covering Your permissions to
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reproduce and distribute the Software under the License terms defined hereby.</p>
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<h3>1. Definitions</h3>
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<p>“Agreement Name” shall mean the name used to reference this Agreement in any context, which
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is “CKFinder License Agreement 3.1” or “CKFinder License 3.1”.</p>
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<p>“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, and in its entirety recognizable
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by the “CKFinder” name (“Software Name”).</p>
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<p>“Software Release” or “Release” shall mean a set of files distributed by CKSource, or
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anyone authorized to distribute it, that represents the Software. A Release is uniquely identified by the
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Software Name and a code. Such code is generally referenced as the Software version or revision number, or a
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combination of both.</p>
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<p>“Release Date” shall mean the day that CKSource started distributing a Release.</p>
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<p>“Product” shall mean a single computer program or one or more websites (“Program”)
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(i) owned by You, or (ii) to which the owner grants You the permission to act in behalf of the owner for the
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purposes of this Agreement. A Program family or a group of Programs does not constitute a Product for the
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scope of this Agreement. 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.</p>
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<p>“Development Server” shall mean a computer with one or more computer central processing units
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(CPU’s) that operates for the exclusive purpose of software development or software testing.</p>
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<p>“Development Activity” shall mean the act of interacting with the Software or one of its
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Releases, in any number of Products owned or produced by You, with the intent of installation,
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customization, configuration, testing, documentation, or any other software development activity related to
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the Software.</p>
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<p>“Developer” shall mean an authorized person designated by You to perform Development
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Activities.</p>
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<p>“Production Website” shall mean a Product with the Software installed, which already had
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Development Activities performed, and that has been delivered to end-users for production usage. Maintenance
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activities performed on Production Websites, excluding software development activities related to the
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Software, are not considered Development Activities.</p>
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<p>“Hostname” shall mean a unique name by which a website is reachable in a network. This includes,
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but is not limited to, a website IP address. (For example, if a website is reachable by the Internet
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address “<a href="http://www.example.com/">http://www.example.com/</a>”, the Hostname
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is “<a href="http://www.example.com/">www.example.com</a>”.)</p>
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<p>“Legal Entity” shall mean the union of the acting entity and all other entities that control, are
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controlled by, or are under common control of that entity. For the purposes of this definition, "control"
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means (i) the power, direct or 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 outstanding shares, or (iii)
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beneficial ownership of such entity.</p>
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<p>“Effective Date” means the date on which the Legal Evidence is made effective.</p>
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<p>“You” (or “Your”) shall mean an individual or a Legal Entity exercising permissions
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granted by the License and accepting this Agreement.</p>
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<h3>2. Grant of License</h3>
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<p>Subject to the terms of this Agreement, CKSource hereby grants You, in one of the License Models described in
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Section 4, a non-exclusive, perpetual, irrevocable, royalty free, worldwide license (“License”)
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to use, reproduce, modify, and distribute a Software Release in a collective work assembled with the
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Product.</p>
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<p>You should carefully read the following terms and conditions before using, installing, copying, or
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distributing the Software. Unless otherwise agreed in writing by CKSource, your use, installation, copying,
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or distribution of the Software indicates your acceptance of this License.</p>
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<h3>3. Scope of License</h3>
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<p>All rights of any kind to the Software, which are not expressly granted in this Agreement, are entirely and
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exclusively reserved to and by CKSource. The Software is protected by applicable national and international
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laws and treaties.</p>
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<p>You may use, install, copy, and distribute the Software solely as provided in this Agreement. You may not
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rent, lease, loan, sublicense, reverse engineer, decompile, disassemble, or create derivative works based on
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the Software, in whole or in part, nor permit anyone else to do so.</p>
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<p>It is agreed that in exchange for the license set forth herein, you will pay a license fee (“License
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Fee”). The fee value will be specified by CKSource at the moment of the purchase.</p>
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<h3>4. License Models</h3>
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<p>The Software may be assembled with the Product and redistributed in respect of one, and only one, of the
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following models (“License Models”) of Your choice:</p>
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<ul>
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<li>a) (“Basic”) Assembling the Software into a Product distributed as a single website (“Site”).
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The Site URL (“URL”) must be specified at the moment of purchase. The license will not be
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valid for sub-domains of the specified URL. This license includes 2 Developer licenses that cover
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Development Activities exclusively related to the Site.
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</li>
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<li>b) (“Professional”) Assembling the Software with a maximum of 3 websites (“Professional
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Sites”) owned or produced by You. Sites produced by third-parties with Software produced by You
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are not included in this License Model. This license includes 5 Developer licenses that cover
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Development Activities exclusively related to Professional Sites.
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</li>
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<li>c) (“Developer”) License granting Development Activities to a single Developer
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Person.
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</li>
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</ul>
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<p>A valid Developer license is required for every single Developer Person. Developer licenses cannot be shared
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among different Developer Persons. Non-Development Activities on Production Websites do not require
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Developer licenses.</p>
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<p>License Fee values may differ depending on the license model.</p>
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<h3>5. Unlicensed Copies</h3>
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<p>If You did not pay License Fee, You may use unlicensed copies of CKFinder for the exclusive purpose of
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demonstration. In this case You will be using CKFinder in "demo mode". Without derogating from the
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forgoing, You may not use CKFinder in "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 purposes, including, without
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limitation, for external distribution. You may not remove the demo notices from the interface nor disable
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the ability to display such notices or otherwise modify CKFinder. Product support, if any, is not offered
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for CKFinder in "demo mode".</p>
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<h3>6. Agreement Acceptance</h3>
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<p>This Agreement is automatically accepted by both parties as long as You are in possession of legal evidence (“Legal
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Evidence”) that the acceptance has taken place. The Legal Evidence can be represented by (i) a copy of
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this Agreement signed by You and CKSource or (ii) a valid Certificate of License Ownership, provided by
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CKSource and addressed to You. The Legal Evidence must precisely indicate this Agreement Name, the Software
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Name, the License Model You have chosen, and the following restrictive information, if applicable:</p>
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<ul>
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<li>a) If You have chosen the Basic License Model, the Site Hostname must be indicated in the Legal
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Evidence. This Agreement will be valid for the Software assembled with the Site publicized under the
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Site Hostname only. Other Sites are excluded from this Agreement as long as a Legal Evidence is not
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produced for each of these Sites.
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</li>
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</ul>
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<p>Legal Evidences for different combinations of License Models, Sites, and Products will not restrict each
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other and will not interfere in the rights granted to You by each of them.</p>
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<p>Legal Evidences are not transferable to different Sites and Products.</p>
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<h3>7. Limitation on Releases</h3>
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<p>This agreement is valid for all Releases of the Software with Release Dates within or before the 365 days
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that follow the Effective Date (“Upgrade Period”). CKSource has no obligation to provide you any
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Release that is not released for general distribution to other CKSource licensees. Nothing in this Agreement
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shall be construed to obligate CKSource to provide additional Releases to You under any circumstances.</p>
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<h3>8. Support</h3>
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<p>CKSource shall provide support for Developers covered by valid Developer licenses for the period of 365 days
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following the Effective Date (“Support Period”). Support shall be limited to electronic
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messaging access. CKSource shall keep You informed, either per CKSource readiness or by following your
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request, including changes to it, about the rules and procedures that You must perform to enjoy support
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under the terms of this Agreement. Support topics shall be limited to the following (each a “Support
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Request”):</p>
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<ul>
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<li>a) problem solving,</li>
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<li>b) bug reporting,</li>
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<li>c) and documentation clarification.</li>
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</ul>
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<p>The number of Support Requests that CKSource is entitled to accept from You is limited to 2 per month if You
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have chosen the Basic license model, or 5 per month if You have chosen the Professional license model.
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CKSource may refuse Support Requests that exceed these limits.</p>
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<p>CKSource is not in any way obliged to perform bug fixing or custom development activities as a result of a
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Support Request.</p>
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<h3>9. License Key</h3>
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<p>Following a valid License purchase, a unique license key (the "License Key") may be provided to
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You, which allows Software activation. The License Key is subject to the restrictions set forth in this
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License and may not be disclosed or distributed in any way. The disclosure or distribution of the License
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Key shall constitute a breach of this License, the effect of which shall be the automatic termination and
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revocation of any and all rights granted herein.</p>
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<h3>10. Source Code</h3>
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<p>The original source code ("Source Code") of the Software may be distributed by CKSource alongside
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its executable version, or as an integral part of it. You may modify and compile the Source Code. The Source
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Code or its modified version can be copied and distributed exclusively within the scope of this license, as
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defined in the "License Model" terms of this license, as long as a valid license has been
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purchased for the distribution target. CKSource retains all rights over the Source Code and all its modified
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versions. Redistributions of the Source Code and modified versions of it must contain the original headers
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and copyright notices. Modifications to the Source Code must be explicitly and entirely identified in the
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Source Code files. This section of the license supersedes all modification restrictions imposed by other
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sections. You are not allowed to remove copyright notices nor make changes to the license validation code
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present in the Source Code.</p>
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<h3>11. License Fee</h3>
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<p>In consideration for the License granted in this Agreement during the term of this Agreement, You agreed to
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pay to CKSource a one time fee (“License Fee”).</p>
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<p>In consideration for the Software upgrades access and support services provided during the Upgrade Period and
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Support Period, You shall pay a yearly fee (“Annual Support and Upgrade Fee”).</p>
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<p>The License Fee and the Annual Support and Upgrade Fee amount shall be specified by CKSource at the moment of
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the purchase as a single unified price.</p>
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<p>The fees listed in this Agreement do not include taxes. If CKSource is required to pay any sales, use,
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property, excise, value added, gross receipts, withholding or other taxes levied on the Software or support
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under this Agreement or on Your use thereof, then such taxes shall be billed to and paid by You. This
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Section does not apply to taxes based on CKSource net income, franchise taxes or CKSource’s employer
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contributions and taxes.</p>
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<p>You understand that CKSource uses third-party paying agents to process selected payments. You understand that
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until payments are not received and verified by the paying agent, this Agreement is not valid.</p>
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<p>All payments made hereunder are nonrefundable. You may not withhold or set off any amounts due under this
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Agreement. Failure to pay any fee when due shall constitute a material breach of this Agreement. In
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addition, if You fail to make any payments when due for support, upon written notice to You, CKSource shall
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cease providing support.</p>
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<h3>12. Automatic Renewal</h3>
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<p>You may opt to automatically extend the expiration date for both the Upgrade Period and Support Period by
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successive cycles of 365 days (each one a “Renewal”). In such case, you agree to pay a fee for
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each Renewal at the beginning of each cycle. The annual Renewal fee shall be informed by CKSource at the
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moment of the purchase and optionally agreed by you.</p>
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<p>If you opted to have automatic Renewals, CKSource shall send you a payment request for the Renewal fee at any
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moment following the first day of each Renewal period. You shall perform the full payment in 30 calendar
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days following the payment request.</p>
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<p>Both parties can discontinue the automatic Renewals by written notification to the other party before the
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beginning of extension cycles.</p>
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<h3>13. Reservation of Rights and Ownership</h3>
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<p>CKSource reserves all rights not expressly granted to You in this Agreement. The Software is protected by
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copyright and other intellectual property laws and treaties. CKSource owns the title, copyright, and other
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intellectual property rights in the Software. The Software is licensed, not sold. This Agreement does not
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grant you any rights to the Software's trademarks or services.</p>
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<h3>14. Termination</h3>
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<p>Without prejudice to any other rights, this Agreement automatically terminates if You fail to comply with the
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terms and conditions of this Agreement. You may terminate this Agreement at any time without cause. In case
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of termination, in any circumstance, payments issued by You will not be reimbursed.</p>
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<p>You shall immediately discontinue distribution of Product, assembled with the Software, upon expiration or
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termination of this Agreement.</p>
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<h3>15. Warranty</h3>
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<p>CKSource warrants that it has full title and ownership to the Software and has the authority to grant the
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license hereunder. To the best of CKSource's knowledge the Software does not infringe upon the
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intellectual property rights of any third party and that CKSource did not receive any notice regarding any
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alleged infringement thereof.</p>
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<h3>16. Disclaimer of Warranties</h3>
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<p>With the exclusion of warranties explicitly mentioned in Section 15, the Software and its related material
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are provided “AS IS” and without warranty of any kind. CKSource expressly disclaims all other
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warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability
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and fitness for a particular purpose.</p>
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<h3>17. Exclusion of Incidental, Consequential and Certain Other Damages</h3>
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<p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CKSOURCE BE LIABLE FOR ANY SPECIAL,
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INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES
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FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY,
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FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR
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NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO
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THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER
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SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE
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OF THE SOFTWARE, OR OTHERWISE 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, BREACH OF CONTRACT, AND EVEN
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IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
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<h3>18. Limitation of Liability</h3>
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<p>In no event shall CKSource’s liability exceed the license fee paid, if any.</p>
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<h3>19. Governing Law and Venue</h3>
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<p>This Agreement shall be construed and controlled by the laws of Poland, and You and CKSource further consent
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to exclusive jurisdiction by the courts of Poland.</p>
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<p>END OF AGREEMENT TERMS</p>
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</body>
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