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/cf7c3c6d0ed4bad89359301a220b536c4385ed36a396ca40def83b200df43225.txt
https://clearlydefined.io/definitions/composer/packagist/ezsystems/ezplatform-demo-assets/1.0.0 | |
https://api.clearlydefined.io/attachments/cf7c3c6d0ed4bad89359301a220b536c4385ed36a396ca40def83b200df43225 | |
Copyright (C) 1999-2016 eZ Systems AS. All rights reserved. | |
This source code is provided under the following license: | |
eZ Trial and Test License Agreement ("eZ TTL") Version 2.0 | |
IMPORTANT: Please read the following license agreement carefully. | |
This license agreement is between eZ systems AS (Norwegian business | |
registration no. 981 601 564), a Norwegian company ("Licensor" or "eZ"), | |
and a test or trial user ("Licensee" or "you"). By installing all or any | |
portion of the software (or authorizing any other person to do so), you | |
accept the terms and conditions of this license. If you acquired the | |
software without an opportunity to review this license and do not accept | |
the license, you must: (a) not use the software and (b) return or delete | |
the software, with your certification of deletion, within thirty (30) | |
days of the acquire date. | |
This license agreement is entered into in connection with Licensee's | |
participation in testing a new version of Licensor software and is valid | |
for 6 months from the date the software was acquired (downloaded). | |
The parties hereby agree to the following software license terms: | |
1. Definitions | |
"Licensed Software" means the eZ Publish Enterprise Edition content | |
management system or other software product downloaded, ordered or | |
otherwise legally acquired (licensed) by Licensee from Licensor (or | |
other party authorized by the Licensor) under these terms. | |
"Licensed Copy" means one sample of the Licensed Software. | |
"Website" means up to three defined site access configurations (unique | |
URLs) that may for instance consist of one site for public use, one site | |
for internal use (such as an intranet) and one site for site | |
administrator use, communicated an unlimited number of channels | |
(such as traditional web, mobile). | |
2. License grant | |
2.1 You may | |
Licensor grants you a limited, non-exclusive, time limited and | |
non-transferable right to: | |
(a) install and run the Licensed Copy on the agreed number of Websites | |
for internal testing purposes; | |
(b) make enhancements, patches, workarounds, bug fixes or other | |
modifications (collectively "Licensee Modifications") to the Licensed | |
Copy, solely for your internal testing of the Licensed Software, and | |
(c) perform presentations based on the Licensed Software, including | |
building and presenting sample solutions to your clients or potential | |
clients. | |
Since the license is free of charge, you are obliged to submit Licensee | |
Modifications to eZ on a continuous basis to contribution@ez.no as | |
contributions, see section 7.1. Such contribution must include a short | |
note explaining the Licensee Modification. | |
Licensee may make a reasonable number of copies of the Licensed Copy as | |
required for backup and archival purposes only. | |
2.2 You may not | |
Licensee may use the Licensed Software only as expressly granted in | |
section 2.1. Without limiting the foregoing, Licensee may not: (a) use | |
or operate the Licensed Software for regular business use; (b) give, | |
lease, license, sell, make available, or distribute any part of the | |
Licensed Software or Licensee Modifications to any third party, except | |
as otherwise expressly permitted herein; (c) use the Licensed Software | |
to operate in or as a time-sharing, outsourcing, service bureau, | |
application service provider, managed service provider environment or | |
similar service directed towards and performed on behalf or for the | |
benefit of a third party; (d) copy the Licensed Software onto any public | |
or distributed network; or (e) change any rights notices which appear in | |
the Licensed Software. | |
3. Your responsibility | |
Except as expressly set forth herein or in a separate written agreement, | |
Licensee is the sole responsible for the installation of the Licensed | |
Software, its operation, supervision, maintenance, management and | |
related training and support. You are also the sole responsible for any | |
related installation, maintenance and configuration of computer hardware | |
used by the Licensed Software. | |
4. Price | |
You may use the Software free of charge. | |
5. Audit rights | |
During the term of this license and for a three (3) year period | |
following its termination, Licensor may conduct periodic reviews of | |
Licensee's records relating to its Licensed Software for the purpose of | |
verifying Licensee's compliance with this license and any related | |
agreements. During this three (3) year period, you are obliged to | |
maintain complete and accurate books and other records related to | |
software licensing and related payments. Licensor must exercise its | |
right of audit upon no fewer than 15 days' prior notice. Licensee will | |
provide Licensor with reasonable access and assistance for the audit, | |
including reasonable use of available office equipment and space. | |
Licensor shall upon request deliver to Licensee a copy of the results of | |
any such audit. | |
6. Termination | |
Licensor may terminate this license immediately if you are in breach any | |
of its provisions and such breach remains uncured 30 days after receipt | |
of notice. In the event that you are or becomes liquidated, dissolved, | |
bankrupt or insolvent, whether voluntarily or involuntarily, or is to | |
take any action to be so declared, Licensor may terminate this license | |
immediately. Upon cancellation or other termination of this license, for | |
any reason, you must immediately destroy all copies of the Licensed | |
Software, and confirm the destruction within 7 (seven) days. Sections 5 | |
through 11 shall survive the termination of this license for any reason. | |
7. Intellectual property rights | |
7.1 General | |
Licensee agrees that the copyright and all other intellectual property | |
and proprietary rights of whatever nature in the Licensed Software and | |
related documentation are not by this license transferred to you. No | |
trademarks of eZ may be used by you without Licensor's express written | |
permission. If permission is grated, use must always take place in | |
accordance with the applicable Licensor guidelines as they may be | |
updated from time to time. For Licensee Modifications, you must, in the | |
modified files and in a separate text file, clearly indicate that the | |
Licensed Software contains modifications and state their dates. | |
7.2 Contribution of Licensee Modifications | |
To the extent that any contributed Licensee Modifications incorporates | |
any element which is subject to any intellectual property right owned by | |
Licensee, Licensee hereby grants to eZ an unrestricted, non-exclusive, | |
perpetual, royalty-free, world-wide, irrevocable and fully transferable | |
license to make, use, sell, offer for sale, reproduce, create | |
derivatives of, publish, display, sublicense or otherwise practice such | |
intellectual property right. | |
Regarding any copyrights in Licensee Modifications: | |
- You hereby assign to us joint ownership, and to the extent that such | |
assignment is or becomes invalid, ineffective or unenforceable, you | |
hereby grant to us a perpetual, irrevocable, non-exclusive, worldwide, | |
no-charge unrestricted license to exercise all rights under those | |
copyrights. This includes, at our option, the right to sublicense | |
these same rights to third parties through multiple levels of | |
sub-licensees or other licensing arrangements; | |
- You agree that each of us can do all things in relation to Licensee | |
Modifications as if each of us were sole and independent copyright | |
holders. If one of us makes a derivative work the Licensee | |
Modifications, the one who makes the derivative work (or has it made) | |
will be the sole owner of that derivative work, hereunder make, have | |
made, use, license, offer to license, import, and otherwise transfer | |
your contribution in whole or in part, whether at a charge or at | |
no-charge; | |
- You agree that neither of us have any duty to consult with, obtain the | |
consent of, pay or render accounts to the other for any use or | |
distribution of the material. | |
With respect to the Licensee Modifications, you represent that: | |
- it is an original work by you and that you can legally grant the | |
rights set out in these terms; | |
- it does not to the best of your knowledge violate any third party's | |
copyrights, trademarks, patents or other intellectual property rights. | |
8. Disclaimer of warranties | |
The Licensed Software is licensed "as is," without any warranties | |
whatsoever. Licensor expressly disclaims, and licensee expressly waives, | |
all warranties, whether express or implied, including warranties of | |
merchantability, fitness for a particular purpose, non-infringement, | |
system integration, non-interference and accuracy of informational | |
content. Licensor does not warrant that the licensed software will meet | |
licensee's requirements or that the operation of the licensed software | |
will be uninterrupted or error-free, or that errors will be corrected. | |
The entire risk of the licensed software's quality and performance is | |
with licensee. | |
9. Indemnification | |
Licensee agrees to indemnify and hold Licensor harmless against any | |
damage or loss (including reasonable attorneys' fees) related to any | |
claim based upon: (a) use of the Licensed Software in a manner | |
prohibited under this license or in a manner for which the Licensed | |
Software was not designed; (b) Licensee Modifications or changes made by | |
Licensee to the Licensed Software (where use of unmodified Licensed | |
Software would not infringe); or (c) changes made, or actions taken, by | |
Licensor upon Licensee's direct instructions. | |
10. Limitation of liability | |
To the extent permitted by applicable law, licensor shall have no | |
liability with respect to its obligations under this license or | |
otherwise for direct, consequential, exemplary, special, indirect, | |
incidental or punitive damages, including any lost profits or lost | |
savings (whether resulting from impaired or lost data, software or | |
computer failure or any other cause), even if it has been advised of the | |
possibility of such damages. | |
This limitation of liability applies to any default, including breach of | |
contract, breach of warranty, negligence, misrepresentations and other | |
torts. The parties agree that the remedies and limitations herein | |
allocate the risks between the parties as authorized by applicable laws. | |
The license fee (non) is set in reliance upon this allocation of risk | |
and the exclusion of certain damages as set forth in this license. | |
11. Miscellaneous | |
11.1 Interpretation | |
Failure by Licensor to exercise any right or remedy does not signify | |
acceptance of the event giving rise to such right or remedy, or loss of | |
such right. No claim arising out of this License may be brought by you | |
more than one year after the cause of the claim arose. | |
If any part of this license is held by a court of competent jurisdiction | |
to be illegal or unenforceable, the validity or enforceability of the | |
remainder of this License shall not be affected and such provision shall | |
be deemed modified to the minimum extent necessary to make such | |
provision consistent with applicable law. In its modified form, such | |
provision shall be enforceable and enforced. | |
11.2 Termination for patent action | |
This license shall terminate automatically and you may no longer | |
exercise any of the rights granted to you by this license as of the date | |
you commence an action, including a cross-claim or counterclaim, against | |
eZ, an eZ partner or other licensee of eZ software alleging that the | |
Software infringes a patent. | |
11.3 Assignment | |
Without the prior written consent of Licensor, you may not assign, | |
sublicense or otherwise transfer this license or its rights or | |
obligations under this license to any person or party, whether by | |
operation of law or otherwise. Any attempt by you to assign this license | |
without Licensor's prior written consent is void and will terminate the | |
license without further notice. | |
11.4 Governing law | |
This License shall be deemed to have been executed in Norway and shall | |
be governed by the laws of Norway, without regard to any conflict of law | |
provisions. | |
11.5 Disputes and legal venue | |
The parties shall first attempt to resolve any disputes, controversies | |
or claims (collectively "Dispute") arising out of or relating to this | |
license through amicable discussions and negotiations. | |
If a Dispute cannot be resolved amicably between the parties, such | |
Dispute shall be referred to Oslo City Court as mandatory legal venue. | |
However, if you are located in a country that does not have a bilateral | |
or multilateral ruling enforcement treaty with Norway, the Dispute shall | |
be referred to and finally determined by arbitration administered by the | |
World Intellectual Property Organization (WIPO) Arbitration and | |
Mediation Centre in accordance with the WIPO Arbitration Rules. | |
The place of arbitration shall be in Oslo, Norway. The arbitrator - of | |
which there shall be only one - shall be bound by the provisions of this | |
license and base the award on Norwegian substantive law and judicial | |
precedent. The parties agree that the arbitrator shall have the power to | |
decide all matters, including arbitrability, and to award any remedies, | |
including attorneys' fees, costs and equitable relief, available under | |
applicable law. Either party may enforce any judgment rendered by the | |
arbitrator in any court of competent jurisdiction. The parties further | |
agree and acknowledge that arbitration shall be the sole and final | |
remedy for any dispute between the parties. All proceedings and | |
documents shall remain strictly confidential. | |
In no event shall the United Nations Convention on Contracts for the | |
International Sale of Goods apply to, or govern, this License. | |
11.6 Notices | |
Any notice under this license shall be delivered and addressed to | |
Licensee at the address provided to Licensor (or authorized | |
representative) at the time of order, and to Licensor at | |
Attn: Software Licensing Dept/CLA, | |
eZ Systems AS, | |
Klostergata 30, | |
N-3732 Skien, | |
Norway | |
Notices are deemed received by any party: (a) on the day given, if | |
personally delivered or if sent by confirmed facsimile transmission, | |
receipt verified; (b) on the third day after deposit, if mailed by | |
certified, first class, postage prepaid, return receipt requested mail, | |
or by reputable, expedited overnight courier; or (c) on the fifth day | |
after deposit, if sent by reputable, expedited international courier. | |
Either party may change its address for notice purposes upon notice in | |
accordance with this section. | |
11.7 Export law assurances | |
Licensee is responsible for complying with any applicable local laws, | |
including but not limited to export and import regulations. | |
11.8 Entire agreement | |
This license comprises the entire agreement, and supersedes and merges | |
all prior proposals, understandings and agreements, oral and written, | |
between the parties relating to the subject matter of this license. | |
Licensor's acceptance of any document shall not be construed as an | |
acceptance of provisions which are in any way in conflict or | |
inconsistent with, or in addition to, this license, unless such terms | |
are separately and specifically accepted in writing by an authorized | |
officer of Licensor. | |
11.9 Update of terms | |
The Licensor may from time to time issue new versions of this license. | |
Unless you within 30 days from when you were first made aware or should | |
have become aware of the new license has not made reservations directed | |
at Licensor in writing, such new version of the license shall be deemed | |
as accepted by you. | |