Squish Coco Commercial License Agreement
Agreement version 1.0
This froglogic Squish Coco Commercial License Agreement ("Agreement")
is made by and between froglogic GmbH ("froglogic"), and you (either
an individual or a legal entity) ("Licensee").
1. froglogic developed and originated Squish Coco including source
code, documentation and example programs ("Licensed Software"). The
Licensed Software is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and
treaties. froglogic retains all rights not expressly granted.
2. By installing, copying, or otherwise using the Licensed Software,
Licensee agrees to be bound by the terms of this Agreement. If
Licensee does not agree to the terms of this Agreement, Licensee
should not install, copy, or otherwise use the Licensed Software. In
addition, by installing, copying, or otherwise using any updates or
other components of the Licensed Software that Licensee receives
separately as part of the Licensed Software ("Updates"), Licensee
agrees to be bound by any additional license terms that accompany such
Updates. If Licensee does not agree to the additional license terms
that accompany such Updates, Licensee may not install, copy, or
otherwise use such Updates.
3. Upon Licensee’s acceptance of the terms and conditions of this
Agreement, froglogic grants Licensee the right to use the Licensed
Software solely for Licensee’s internal business purposes in the
manner provided below.
(a) Evaluation License
Licensee may use the Licensed Software for a limited time
(evaluation period) to be determined and stated by froglogic,
solely for the purpose of determining whether the Licensed
Software meets Licensee’s requirements.
After the evaluation period has finished, Licensee must either:
(i) discontinue use of the Licensed Software,
(ii) acquire a commercial license (see section (b)),
Commercial use of a derived work of the Licensed Software is
not allowed under the scope of the evaluation license.
(b) Node-Locked License
Licensee may install and use the Licensed Software locally on
one identified computer (Node), with the Node executing the
Licensed Software for only one Authorized User. Licensee may
transfer a license certificate to another individual and Node
after notification to and approval from froglogic, but not more
often than every 4 weeks, provided the future Licensee is
employed or contracted by the same individual or legal entity
as the initial Licensee.
5. Licensee may modify the Licensed Software except altering or
removing any details of ownership, copyright, trademark or other
property right connected with the Licensed Software.
6. Licensee may not distribute the Licensed Software, modified or
unmodified, separately or as part of any software package.
7. The Licensed Software is licensed to Licensee "as is". To the
maximum extent permitted by applicable law, froglogic on behalf of
itself and its suppliers, disclaims all warranties and conditions,
either expressed or implied, including, but not limited to, implied
warranties of merchantability, fitness for a particular purpose, title
and non-infringement with regard to the Licensed Software.
LIMITATION OF LIABILITY
8. If, froglogic’s warranty disclaimer notwithstanding, froglogic is
held liable to Licensee, whether in contract, tort or any other legal
theory, based on the Licensed Software, froglogic’s entire liability
to Licensee and Licensee’s exclusive remedy shall be, at froglogic’s
option, either (A) return of the price Licensee paid for the Licensed
Software, or (B) repair or replacement of the Licensed Software,
provided Licensee returns to froglogic all copies of the Licensed
Software as originally delivered to Licensee. froglogic shall not
under any circumstances be liable to Licensee based on failure of the
Licensed Software if the failure resulted from accident, abuse or
misapplication, nor shall froglogic under any circumstances be liable
for special damages, punitive or exemplary damages, damages for loss
of profits or interruption of business or for loss or corruption of
data. Any award of damages from froglogic to Licensee shall not exceed
the total amount Licensee has paid to froglogic in connection with
SUPPORT AND UPDATES
9. If this license, as specified in the license certificate, includes
a support and update agreement, Licensee will be eligible to receive
email based software support and access to Updates to the Licensed
Software for a period not to exceed one year from the date of initial
delivery, in accordance with froglogic’s then current policies and
procedures, if any. Such policies and procedures may be changed from
time to time.
10. This Agreement may only be modified in writing signed by
authorized representatives of Licensee and froglogic. In case of a
conflict between this Agreement and the terms of any purchase order or
other ordering document, this Agreement shall prevail. If any provision
of this Agreement is found void or unenforceable, the remainder will
remain valid and enforceable according to its terms. If any remedy
provided is determined to have failed for its essential purpose, all
limitations of liability and exclusions of damages set forth in this
Agreement shall remain in effect.
11. This Agreement shall be construed, interpreted and governed by the
laws of Germany, the legal venue to be Hamburg City Court. froglogic
reserves all rights not specifically granted in this Agreement.