CRM Software License
CRM Web Based Public License
1. Definitions.
1.1. "Contributor" means each entity that creates or contributes
to the creation of Modifications.
1.2. "Contributor Version" means the combination of the
Original Code, prior Modifications used by a Contributor, and the
Modifications made by that particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications
or the combination of the Original Code and Modifications, in each case
including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism
generally accepted in the software development community for the
electronic transfer of data.
1.5. "Executable" means Covered Code in any form other than
Source Code.
1.6. "Initial Developer" means the individual or entity
identified as the Initial Developer in the Source Code notice required by
Exhibit A.
1.7. "Larger Work" means a work which combines Covered Code
or portions thereof with code not governed by the terms of this License.
1.8. "License" means this document.
1.9. "Modifications" means any addition to or deletion from
the substance or structure of either the Original Code or any previous
Modifications. When Covered Code is released as a series of files, a
Modification is:
A. Any addition to or deletion from the contents of a file
containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original
Code or previous Modifications.
1.10. "Original Code" means Source Code of computer software
code which is described in the Source Code notice required by Exhibit
A as Original Code, and which, at the time of its release under this
License is not already Covered Code governed by this License.
1.11. "Source Code" means the preferred form of the Covered
Code for making modifications to it, including all modules it contains,
plus any associated interface definition files, scripts used to control
compilation and installation of an Executable, or a list of source code
differential comparisons against either the Original Code or another well
known, available Covered Code of the Contributor's choice. The Source
Code can be in a compressed or archival form, provided the appropriate
decompression or de-archiving software is widely available for no charge.
1.12. "You" means an individual or a legal entity exercising
rights under, and complying with all of the terms of, this License or a
future version of this License issued under Section 6.1. For legal
entities, "You" includes any entity which controls, is controlled by,
or is under common control with You. For purposes of this definition,
"control" means (a) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or otherwise,
or (b) ownership of fifty percent (50%) or more of the outstanding shares
or beneficial ownership of such entity.
2. Source Code License.
2.1. Source Code
The source code may not be modified in any way without written
permission from CRM-Web-Based.com. Written permission is also required
for commercial use. You may not sell this code or profit from installaion, support or other means.
2.2. Use
You may use this product free of charge for personal use. Commercial use is also free but requires written permission from CRM-Web-Based.com.
3. Distribution Obligations.
3.1. Required Notices.
You must leave intact any reference to CRM-Web-Based.com or
CRM-Web-Based.com, including but not limited to, graphics, links,
icons and trademarks.
3.2. Distribution of Software, Compiled or
Uncompiled.
You may not redistribute this software in any form without the permission of
CRM-Web-Based.com.
3.3. Larger Works.
You may not create Larger Works using any part of this software or code
without first obtaining written permission from CRM-Web-Based.com.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Code due to statute or
regulation then you must not use this software in any form.
5. Versions of the License.
5.1. New Versions.
CRM-Web-Based.com ("CRM-Web-Based.com) may publish
revised and/or new versions of the License from time to time. Each
version will be given a distinguishing version number.
5.2. Effect of New Versions.
Once Covered Code has been published under a particular version of
the License, Use must continue under the terms of the new version. CRM-Web-Based.com
reserves the right to change this License at any time. It
is your responsibility to stay current with this and any new version of the
License.
No one other
than CRM-Web-Based.com has the right to modify the terms applicable to Covered
Code created under this License.
6. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU.
SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT CRM-Web-Based.com) ASSUME THE COST OF ANY
NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE
IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
7. TERMINATION.
This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to cure
such breach within 30 days of becoming aware of the breach. All
sublicenses to the Covered Code which are properly granted shall survive
any termination of this License. Provisions which, by their nature, must
remain in effect beyond the termination of this License shall survive.
8. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY
OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF
ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED
OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL
NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION
MAY NOT APPLY TO YOU.
9. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that term is defined in 48
C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software"
and "commercial computer software documentation," as such terms are
used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212
and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
U.S. Government End Users acquire Covered Code with only those rights set
forth herein.
10. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter
hereof. If any provision of this License is held to be unenforceable,
such provision shall be reformed only to the extent necessary to make it
enforceable. This License shall be governed by Michigan law provisions
(except to the extent applicable law, if any, provides otherwise),
excluding its conflict-of-law provisions. With respect to disputes in
which at least one party is a citizen of, or an entity chartered or
registered to do business in, the United States of America: (a) unless
otherwise agreed in writing, all disputes relating to this License
(excepting any dispute relating to intellectual property rights) shall be
subject to final and binding arbitration, with the losing party paying
all costs of arbitration; (b) any arbitration relating to this Agreement
shall be held in Ingham County, Michigan, under the auspices of
JAMS/EndDispute; and (c) any litigation relating to this Agreement shall
be subject to the jurisdiction of the Federal Courts of Michigan, with venue lying in
Ingham County,
Michigan, with the losing party responsible for costs, including
without limitation, court costs and reasonable attorneys fees and
expenses. The application of the United Nations Convention on Contracts
for the International Sale of Goods is expressly excluded. Any law or
regulation which provides that the language of a contract shall be
construed against the drafter shall not apply to this License.
11. RESPONSIBILITY FOR CLAIMS.
You are responsible for damages arising, directly or
indirectly, out of Your utilization of rights under this License. You
agree to work with affected parties to distribute responsibility on an
equitable basis.
EXHIBIT A.
Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
License for the specific language governing rights and limitations under
the License.