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LICENCE
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BaseKit Template Licence V1 - Terms and conditions
Preamble: This License applies to any program or other work which contains a
notice placed by the copyright holder saying it may be distributed under the
terms of this BaseKit Template Licence. "The Software", below, refers to any
such program or work, and a "work based on the Software" means either the
Software or any derivative work under copyright law: that is to say, a work
containing the Software or a portion of it, either verbatim or with
modifications and/or translated into another language. (Hereinafter,
translation is included without limitation in the term "modification".) This
Agreement, governs the relationship between anyone that uses this Software
(hereinafter: Licensee) and BaseKit Platform Ltd, a duly registered company in
whose principal place of business is 46 Grosvenor Gardens, London SW1W 0EB
(hereinafter: Licensor). The Licensor works with partners it has entered
partnership with (hereinafter: Certified Partner) to distribute The Software.
The Licensor has the right to declare a partner a Certified Partner or not.
This Agreement sets the terms, rights, restrictions and obligations on using
BaseKit Template Licence V1 (hereinafter: The Software) created and owned by
Licensor, as detailed herein.
License Grant: Licensor hereby grants Licensee a Sublicensable, Non-assignable
& non-transferable, Pepetual, Commercial with terms, Including the rights to
create but not distribute derivative works, Non-exclusive license, all with
accordance with the terms set forth and other legal restrictions set forth in
3rd party software used while running Software.
Limited: Licensee may use Software for the purpose of:
- Running Software on Licensee’s Website[s] and Server[s];
- Allowing 3rd Parties to run Software on Licensee’s Website[s] and Server[s];
- Publishing Software’s output to Licensee and 3rd Parties;
- Distribute verbatim copies of Software’s output (including compiled binaries);
- Modify Software to suit Licensee’s needs and specifications.
This license is granted perpetually, as long as you do not materially breach it.
Binary Restricted: Licensee may sublicense Software as a part of a larger work
containing more than Software, distributed solely in Object or Binary form
under a personal, non-sublicensable, limited license. Such redistribution shall
be limited to unlimited codebases.
Non Assignable & Non-Transferable: Licensee may not assign or transfer his
rights and duties under this license. Commercial use allowed with restrictions:
The Software can only be used with The Licensor's website builder that is hosted
on The Licensor's or Certified Partner's environment.
Including the Right to Create Derivative Works: Licensee may create derivative
works based on Software, including amending Software’s source code, modifying it,
integrating it into a larger work or removing portions of Software, as long as no
distribution of the derivative works is made.
With Attribution Requirements:
Term & Termination: The Term of this license shall be until terminated. Licensor may
terminate this Agreement, including Licensee’s license in the case where Licensee :
- became insolvent or otherwise entered into any liquidation process; or
- exported The Software to any jurisdiction where licensor may not enforce his
rights under this agreements in; or
- Licensee was in breach of any of this license's terms and conditions and
such breach was not cured, immediately upon
notification; or
- Licensee in breach of any of the terms of clause 2 to this license; or
- Licensee otherwise entered into any arrangement which caused Licensor to be
unable to enforce his rights under this
License.
Payment: In consideration of the License granted under clause 2, Licensee shall
pay Licensor a fee, via Credit-Card, PayPal or any other mean which Licensor may
deem adequate. Failure to perform payment shall construe as material breach of
this Agreement.
Upgrades, Updates and Fixes: Licensor may provide Licensee, from time to time, with
Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion.
Licensee hereby warrants to keep The Software up-to-date and install all relevant updates
and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set
by Licensor. Licensor shall provide any update or Fix free of charge; however, nothing
in this Agreement shall require Licensor to provide Updates or Fixes.
Upgrades: for the purpose of this license, an Upgrade shall be a material amendment in
The Software, which contains new features and or major performance improvements and shall
be marked as a new version number. For example, should Licensee purchase The Software
under version 7.X.X, an upgrade shall commence under number 8.0.0.
Updates: for the purpose of this license, an update shall be a minor amendment in The
Software, which may contain new features or minor improvements and shall be marked as
a new sub-version number. For example, should Licensee purchase The Software under
version 7.1.X, an upgrade shall commence under number 7.2.0.
Fix: for the purpose of this license, a fix shall be a minor amendment in The Software,
intended to remove bugs or alter minor features which impair the The Software's
functionality. A fix shall be marked as a new sub-sub-version number. For example,
should Licensee purchase Software under version 7.1.1, an upgrade shall commence
under number 7.1.2.
Support: Software is provided under an AS-IS basis and without any support, updates or
maintenance. Nothing in this Agreement shall require Licensor to provide Licensee with
support or fixes to any bug, failure, mis-performance or other defect in The Software.
Bug Notification: Licensee may provide Licensor of details regarding any bug, defect or
failure in The Software promptly and with no delay from such event; Licensee shall comply
with Licensor's request for information regarding bugs, defects or failures and furnish
him with information, screenshots and try to reproduce such bugs, defects or failures.
Feature Request: Licensee may request additional features in Software, provided, however,
that (i) Licensee shall waive any claim or right in such feature should feature be developed
by Licensor; (ii) Licensee shall be prohibited from developing the feature, or disclose such
feature request, or feature, to any 3rd party directly competing with Licensor or any 3rd
party which may be, following the development of such feature, in direct competition with Licensor;
(iii) Licensee warrants that feature does not infringe any 3rd party patent, trademark,
trade-secret or any other intellectual property right; and (iv) Licensee developed, envisioned
or created the feature solely by himself.
Liability: To the extent permitted under Law, The Software is provided under an AS-IS basis.
Licensor shall never, and without any limit, be liable for any damage, cost, expense or any
other payment incurred by Licensee as a result of Software’s actions, failure, bugs and/or any
other interaction between The Software and Licensee’s end-equipment, computers, other software
or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be
liable for any defect in source code written by Licensee when relying on The Software or using
The Software’s source code.
Warranty: Intellectual Property: Licensor hereby warrants that The Software does not violate
or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks
and that to the best of its knowledge no legal action has been taken against it for any infringement
or violation of any 3rd party intellectual property rights.
No-Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty
that The Software shall be error free, without defects or code which may cause damage to Licensee’s
computers or to Licensee, and that Software shall be functional. Licensee shall be solely liable to
any damage, defect or loss incurred as a result of operating software and undertake the risks
contained in running The Software on License’s Server[s] and Website[s].
Prior Inspection: Licensee hereby states that he inspected The Software thoroughly and found it
satisfactory and adequate to his needs, that it does not interfere with his regular operation and
that it does meet the standards and scope of his computer systems and architecture. Licensee found
that The Software interacts with his development, website and server environment and that it does
not infringe any of End User License Agreement of any software Licensee may use in performing his
services. Licensee hereby waives any claims regarding The Software's incompatibility, performance,
results and features, and warrants that he inspected the The Software.
No Refunds: Licensee warrants that he inspected The Software according to clause 7(c) and that it
is adequate to his needs. Accordingly, as The Software is intangible goods, Licensee shall not be,
ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even
if The Software contains material flaws.
Stock Imagery is provided under license and may be used as follows:
- Incorporation of Licensed Material by End Users in a commercial manner within a website
hosted by BaseKit or it's partners
- In-context self-promotional use of the Licensee Works by Licensee on the Licensee Website
Stock imagery is explicitly not licensed for use on websites hosted on platforms other than BaseKit
and it's in-contract partners.
Indemnification: Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for
any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate,
breach or otherwise circumvent this license, Licensor's intellectual property rights or Licensor's
title in The Software. Licensor shall promptly notify Licensee in case of such legal action and
request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.
Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-action lawsuits against
Licensor in relation to this license and to compensate Licensor for any legal fees, cost or
attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.