jsorm - Commercial License v1.0

Version 1.0, 15 March 2008

Preamble

JSorm authors and distributes open-source libraries. JSorm recognizes that there are those who develop open-source software; those who develop closed commercial products; and those who develop closed commercial libraries and toolkits.

JSorm strongly supports all forms of development. Hence, JSorm releases its libraries under multiple licenses. For those who wish to develop open-source software under the GNU General Public License version 3.0 ("GPL v3.0"), the JSorm libraries are available for download and usage under GPL v3.0. For those who wish to develop closed commercial software, or software whose licensing is not compatible with GPL v3.0, a commercial license can be acquired. Finally, for those who wish to develop libraries and toolkits for other developers to use, or products that are or may be in any way competitive with JSorm products, a custom reseller license can be acquired.

This document provides the terms and conditions for usage, copying, distribution and modification under the commercial license. At any time, you may choose to "upgrade" or switch from the commercial license to GPL v3.0, providing that you fully comply with all the terms of GPL v3.0. You may also contact JSorm for a custom reseller license, if you wish to use the libraries in a manner that does not comply with this license or GPL v3.0.

TERMS AND CONDITIONS

0. Definitions.

"This License" refers to this document in its entirety.

"Copyright" also means copyright-like laws that apply to other kinds of works, such as semiconductor masks.

"We" or "us" refers to the licensor, Atomic Inc.

"You" refers to the licensee. "Licensees" may be individuals or organizations.

"The Software" refers to any copyrightable work licensed under this License.

A "developer" is an actual human person, either the Licensee if the Licensee is an individual or an employee or contractor to Licensee if Licensee is an organization.

To "modify" a work means to copy from or adapt all or part of the Software in a fashion requiring copyright permission. The resulting work is called a "modified version" of the Software or a work "based on" the Software.

A "covered work" means one of: the unmodified Software; the modified Software; a work based on the Software; or a work that uses, links to or depends upon the Software.

An "application" means a work, developed by you, that uses, links to or depends upon the Software or a modified version of the Software.

To "propagate" a work means to do anything with it that, without permission, would make you directly or secondarily liable for infringement under applicable copyright law. Propagation includes copying, distribution (with or without modification), making available to the public, and in some countries other activities as well.

To "convey" a work means any kind of propagation that enables other parties to make or receive copies. Mere interaction with another party, whether a person or a computer, through a computer network, with no transfer of a copy, is not conveying. However, if interaction with a user through a computer network propagates the work to the user in such a manner that the user is able to access and maintain a copy of it, for example in a browser cache or on a Web site, and can examine or download it at will, then such interaction is considered conveying the work.

1. Ownership and License

This License grants you certain rights as the licensee. The rights granted hereunder are license rights to use, modify and propagate the Software and/or its component parts, subject to the limitations of this License, and are not an agreement for sale. Except with regards to original modifications that you make, to which you shall retain full rights, we retain full rights of ownership over the Software and all its component parts, including, but not limited to, copyrights, trademarks, service marks, brand names, patent rights, confidential information and any and all rights other than those expressly granted to you under this License. You shall reimburse us for any and all expenses that we may incur, including interest, attorneys' fees and other legal expenses, in connection with our efforts to enforce our rights against you with respect to the Software or any of our intellectual property rights in the event we prevail in such enforcement efforts.

All rights granted under this License are subject to payment of the applicable fees per licensed developer, as determined exclusively by us at the time of payment for rights under this License. The fees paid shall determine the number of licensed developers for whom you may use the Software.

All rights granted under this License are applicable only to the version(s) of Software listed in your license communication from us at the time of payment for rights under this License. No upgrade, update or other rights are explicitly or implicitly implied under this License.

2. Basic Permissions.

You may install and use the Software on as many workstations as you deem necessary to enable the number of licensed developers to develop your application(s). You may only use the Software for the number of licensed developers. Each licensed developer may develop an unlimited number of applications for you, subject to the limitations set forth in sections 4, 5 & 6 below.

You may install a covered work on unlimited domains, subdomains and servers to enable applications developed by licensed developer(s), subject to the limitations set forth in sections 4, 5 & 6 below.

You may convey a covered work as part of an application when installed on the domains, subdomains and servers, subject to the limitations set forth in sections 4, 5 & 6 below.

3. Modifications.

You may modify all, part or none of the Software, subject to the limitations set forth in sections 4, 5 & 6 below. Modification includes, but is not limited to, obfuscation, minification, changes in source or object code, or any other changes.

4. Legal Notices.

If your application conveys the Software, whether in its original form or modified form, any files containing the Software or any of its components must begin with the following statement:

Copyright © Atomic Inc 2007-2008
http://jsorm.com

This file contains work that is copyrighted and is distributed under one of several licenses. You may not use, modify or distribute this work, except under an approved license. Please visit the Web site listed above to obtain the original work and a license.

If your application conveys a modified version of the Software, you may modify the above statement in any modified file as follows:

Copyright © Atomic Inc 2007-2008
http://jsorm.com

Copyright © the distributor of this file

This file contains work that is copyrighted and is distributed under one of several licenses. You may not use, modify or distribute this work, except under an approved license. Please visit the Web site listed above to obtain the original work and a license.

Please contact the distributor of this file for license of any modifications.

You may replace "the distributor of this file" with your name anywhere in the above statement.

If your application conveys a modified version of the Software such that one or more files contain only your original code to modify the Software, yet do not contain any original code of the Software, also known as a patch, in a manner such that the entire contents of the file(s) are copyright only to you, you are not required to place any notice in the file(s).

5. Conveying Covered Works.

You may convey any covered works solely as part of your application as delivered to an end-user. You are required to ensure that the Software is not used in any applications other than the applications with which you convey the Software as permitted under this License.

You are not required to pay us any royalties for the use, modification or propagation of the Software, provided that said use, modification or propagation is in compliance with the terms of this License.

6. Prohibited Uses.

You may not propagate any covered works, except by including the covered works within an end-user application that you develop under the terms of this License.

This License expressly prohibits you to use the Software to develop and propagate applications that are or can be described as one of: (a) software development toolkits; (b) application development libraries; or (c) competitive with the Software.

You may not sublease, sublicense, rent or otherwise transfer or assign this License or the rights hereunder obtained to another party.

7. Termination.

This License is effective until terminated. Any breach of the terms of this License, including any attempt to use, modify or propagate a covered work except as expressly provided under this License, will automatically and immediately terminate all of your rights under this License. The provisions of this License, other than your rights to use, modify and propagate the Software, shall survive termination of the License. Termination shall not entitle you to any form of relief, warranty, return, exchange or refund from us.

8. Survivability.

If conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot use, modify or propagate a covered work so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not use, modify or propagate it at all. Such an inability to use, modify or propagate shall not entitle you to any form of relief, warranty, return, exchange or refund from us.

9. Indemnification.

You agree to indemnify, defend, and hold us harmless from and against any and all demands, claims, or suits by any third party and any and all costs, damages, penalties, and expenses, including reasonable attorneys’ fees, arising out of or in connection with the use, modification or propagation of the Software by you, your employees, agents or invitees, except to the extent any such demand, claim or suit arises out of or in connection with our breach of our obligations hereunder.

10. Miscellaneous.

You agree that you will comply with all applicable laws and regulations with respect to the Software, including without limitation all export, import and re-export control laws and regulations of the United States as well as your jurisdiction.

You acknowledge that this License is complete and is the exclusive representation of our agreement. No oral or written information given by us or on our behalf shall create a warranty or collateral contract, or in any way increase the scope of this License Agreement in any way, and you may not rely on any such oral or written information. This License may be modified only by a written instrument signed by an authorized representative of each party.

This License will inure to the benefit of our successors and assigns.

This License is governed by the laws of the State of Delaware, United States (notwithstanding conflicts of laws provisions), and all parties irrevocably submit to the jurisdiction of the courts of the State of Delaware and further agree to commence any litigation which may arise hereunder in the state or federal courts located in the State of Delaware, United States.

If the Software or any related documentation is licensed to the U.S. government or any agency thereof, it is deemed to be "commercial computer software" or "commercial computer software documentation," as those terms are used in FAR Section 12.212 and DFARS Section 227.7202. Any use of the Software or related documentation by the U.S. government will be governed solely by the terms of this License Agreement.

11. Disclaimer of Warranty.

THERE IS NO WARRANTY FOR THE SOFTWARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE SOFTWARE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

WE DO NOT GUARANTEE THAT THE OPERATION OF SOFTWARE IS ERROR-FREE OR UNINTERRUPTED, AND YOU ACKNOWLEDGE THAT IT IS TECHNICALLY IMPRACTICAL FOR US TO DO SO.

12. Limitation of Liability.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE SOFTWARE AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER SOFTWARES), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE OUR ENTIRE LIABILITY UNDER ANY PROVISION SHALL NOT EXCEED THE GREATER OF ONE UNITED STATES DOLLAR ($1.00 USD) OR THE AMOUNT YOU ACTUALLY PAID FOR THIS LICENSE.

13. Interpretation of Sections 11 and 12.

If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Software, unless a warranty or assumption of liability accompanies a copy of the Software in return for a fee.

END OF TERMS AND CONDITIONS