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LICENSE
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DOFACTS LICENSE AGREEMENT BASED ON MIT LICENSE
Copyright (c) 2020 DO OK
1. GENERAL PROVISIONS
1.1. License Agreement. This license agreement (“License Agreement”) assigns
no title to or ownership of DO OK proprietary software (including, without
limitation, permitted derivative works made by DO OK based on third-party
software), or any other software as may be integrated, incorporated, or
otherwise part of the former, or any associated documentation files
(“Software”) to any person obtaining a copy of the Software (“Licensee”), and
Licensee receives no rights to the Software other than those expressly granted
or passed through in this License Agreement or under relevant notices in the
Software files.
1.2. Copyright holder. DO OK S.A., with its registered office in Wroclaw, at
ul. Skarbowców 23B 53-025 Wroclaw, Poland; NIP (Tax Id no.): 8992716087;
entered into the National Court Register (KRS) under the KRS number: KRS
0000639585, by the District Court Wrocław-Fabryczna in Wroclaw, VI Commercial
Division of the National Court Register; share capital: 136,500 PLN (“DO OK”)
warrants that it is the owner of the Software and of each and every component
thereof, or the recipient of a valid license thereto, and that it has obtained
and will maintain the full power and authority to grant the rights granted in
this License Agreement without further consent of any person or entity.
1.3. Prevailing laws and venue. Unless otherwise dictated by mandatory
provisions of applicable laws or third-party licenses, this License Agreement
will be governed by the substantive laws in force in Poland, and any and all
disputes will be heard exclusively by courts, tribunals or any other competent
bodies having jurisdiction over the registered office of DO OK.
2. LICENSE TERMS
2.1. Types of License. DO OK makes the Software available to Licensees under
two distinct sets of terms, according to the intended or actual use thereof,
whether for commercial purposes or otherwise, and the number of verifying-users
involved (“Users”) – the threshold set at 200 Users, and the number of experts
involved ("Experts") set to 10.
2.2. General Terms. The exercise and enjoyment of rights available under
this License Agreement is and will at all times be subject to strict compliance
by Licensee and, by extension, its Users or Experts with the terms hereof. Any
breach of this License Agreement will result in an immediate termination of any
and all rights granted herein, obligation to remove any and all copies of the
Software, and pursuit by DIVANTE of any and all legal remedies available at law
or in equity.
2.3. Community Edition. If the Software is used for non-commercial purposes,
or if its intended or actual commercial use involves a maximum of 200 Users and
10 Experts, DO OK grants Licensee, free of charge, permission to deal in the
Software, without restriction, including without limitation the rights to use,
copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the
Software, and to permit its Customers to do so (permission notice), subject to
the inclusion, where appropriate, in all copies or substantial portions of the
Software, pertaining copyright and permission notices, such as, without
limitation, “Copyright © 2020 DO OK (copyright notice)”.
2.4. Enterprise Edition. Where the Software, both, (i) is used for
commercial purposes and (ii) involves over 200 Users or 10 Experts, then
subject to full, timely, and effective payment of applicable fees as
individually agreed upon with DO OK, DO OK grants Licensee – on top of rights
and (attribution or otherwise) duties as defined in the Software Community
Edition – a non-exclusive license to reproduce, modify, create derivative works
from, reverse engineer, decompile, disassemble or otherwise attempt to derive
source code, publicly perform and display, and use the Software as necessary
for Licensee’s business. The rights granted in this Section 2.4 may not be
extended, assigned, or otherwise transferred to any parent, subsidiary or
affiliate of Licensee.
2.5. Warranty.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.
Licensee accepts and acknowledges that the Software may include third-party
software of which license terms and notices may be accordingly attached to the
Software files or otherwise communicated to Licensee for it to read,
understand, and comply with.