Revision as of 15:55, 28 December 2007

This license (the “License”) is a legal agreement between you (either an individual or a single entity) and Frederico Caldeira Knabben ("FredCK.com") covering the use, installation, copying or distribution of CKFinder.

Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then do not use, install, copy, or distribute CKFinder. In addition, if you paid a license fee to FredCK.com or an authorized FredCK.com reseller, you may return to FredCK.com a copy of the registration code, and a signed Affidavit of De-Installation and Non-Use within fifteen (15) days after purchase, for a full refund of the license fee, detracted of any purchase specific fees and expenses already paid or to be paid by FredCK.com, including refund related costs.

TERMS AND CONDITIONS

Your Agreement to this License

This License applies to the CKFinder code and any accompanying distributable files, data and materials. You should carefully read the following terms and conditions before using, installing, copying, or distributing CKFinder. Unless otherwise agreed in a writing signed by FredCK.com, your use, installation, copying, or distribution of CKFinder indicates your acceptance of this License.

The terms and conditions of this License describe the permitted use of each Licensed Copy of CKFinder and non licensed copies of CKFinder for demonstration purposes.

Scope of License

Subject to the terms of this License, FredCK.com grants to you, for each Licensed Copy, a limited, non-exclusive, non-transferable, royalty-free, license to use, install, copy or distribution CKFinder.

All rights of any kind in CKFinder which are not expressly granted in this License are entirely and exclusively reserved to and by FredCK.com. CKFinder is protected by applicable national and international laws and treaties.

You may use, install, copy and distribute CKFinder solely as expressly provided in this License. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, CKFinder, in whole or in part, nor permit anyone else to do so. You may not make access to CKFinder available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. The license granted hereunder includes no rights in or to the source code version of CKFinder .

It is agreed that in exchange for the license set forth herein, you will pay a onetime license fee. The fee value will be specified in the CKFinder official web site at the moment of the purchase.

License Models

When purchasing a license, you will have the option to choose one of the following models, which restricts your rights of usage and integration of CKFinder under the terms of this license:

1. Web Site: you may integrate CKFinder in one web site (the “Web Site”). The Web Site URL must be specified at the moment of the purchase. The license will not be valid for sub-domains of the specified Web Site URL.
 2. Corporate Web Sites: you may integrate CKFinder in any number of web sites owned or produced by you (“Corporate Web Sites). The license will not be valid for sites produced by third party with software produced by you.
 3. OEM: you may integrate CKFinder in one of your software products (the “Product”). The “Product” name must be specified at the moment of the purchase. You will have a perpetual, royalty free, license to distribute CKFinder as integrating part of the “Product”.

License fees may be different depending on the license model.

License Validity

This license is valid only if the Web Site, Corporate Web Sites or Product is a work that uses CKFinder, and doesn’t go in competition with CKFinder in the marketplace.

Unlicensed Copies

If you did not pay for a license, you may use unlicensed copies of CKFinder for the exclusive purpose of demonstration. In this case you will be using CKFinder in "demo mode". Without derogating from the forgoing, you may not use CKFinder in "demo mode" for commercial purposes. CKFinder shall be used only for evaluation purposes and may not be used or disclosed for any other purposes, including without limitation, external distribution or software development. You may not remove demo notices from the interface nor disable the ability to display such notices or otherwise modify CKFinder. Product support is not offered for CKFinder in "demo mode".

Upgrades

FredCK.com will provide you with free upgrades of CKFinder for a period that begins on the purchase date and ends 365 days later. Such upgrades will include any upgrades for CKFinder that are released by FredCK.com for general distribution to CKFinder licensees during the one year period for which you are entitled to receive free upgrades. FredCK.com has no obligation to provide you with any upgrades that are not released for general distribution to FredCK.com's other licensees. Nothing in this Agreement shall be construed to obligate FredCK.com to provide upgrades to you under any circumstances.

Reservation of Rights and Ownership

FredCK.com reserves all rights not expressly granted to you in this License. CKFinder is protected by copyright and other intellectual property laws and treaties. FredCK.com owns the title, copyright, and other intellectual property rights in CKFinder. CKFinder is licensed, not sold. This License does not grant you any rights to trademarks or service CKFinder marks.

Termination

Without prejudice to any other rights, FredCK.com may terminate this License if you fail to comply with the terms and conditions of this License. In such event, your right to use, install, copy and distribute CKFinder terminates automatically and you must then destroy all copies of CKFinder in your possession.

Warranty

FredCK.com represents and warrants that he has full title and ownership to CKFinder and has the authority to grant the license hereunder. To the best of FredCK.com's knowledge CKFinder does not infringe upon the intellectual property rights of any third party and that he did not receive any notice regarding any alleged infringement thereof.

Disclaimer of Warranties

CKFinder and its related material are provided “AS IS” and without warranty of any kind and the Owner expressly disclaims all other warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FREDCK.COM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE CKFINDER, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH CKFINDER OR OTHERWISE ARISING OUT OF THE USE OF CKFINDER, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS LICENSE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, AND EVEN IF FREDCK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability

In no vent shall FredCK.com's liability exceed the license fee paid, if any.