Terms and conditions
1. Preamble
This Agreement governs the relationship between you, either an individual or a Legal Entity ("Licensee"), and Andre Gardiner, a private person ("Licensor"). This Agreement sets the terms, rights, restrictions and obligations on using CIFullCalendar ("The Application") created and owned by Licensor, as detailed herein.
2. Definitions
"The Application", "Software", "Script", "Item" or "CIFullCalendar" the owned material by Licensor, subject to the terms of the standard License. The Application is publicly, uniquely, and in its entirety recognizable by the "CIFullCalendar" name ("Application Name").
"The Application Release" or "Release" shall mean a set of files distributed by Licensor, or anyone authorized to distribute it, that represents the Software. A Release is uniquely identified by the Software Name and codes describe in clause 5. Such code is generally referenced as the Software version or revision number, or a combination.
"Release Date" shall mean the day that Licensor started distributing a Release.
"Product" shall mean a single computer program or one or more websites ("Program") (i) owned by Licensee, or (ii) to which the owner grants Licensee the permission to act in behalf of the owner for the purposes of this Agreement. See Standard License (License)
3. License Grant
Licensor hereby grants Licensee, in accordance with one of the Standard Licenses, Single domain license and OEM license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.
4. Agreement Acceptance
This Agreement is automatically accepted by parties involved as long as Licensee is in possession of legal evidence ("Legal Evidence") that the acceptance has taken place. The Legal Evidence can be represented by (i) a copy of this Agreement signed by Licensee and Licensor or (ii) a valid Certificate of License Ownership, provided by Licensor and addressed to Licensee. The Legal Evidence must precisely indicate this Agreement, the Software Name, and the Standard Licenses that Licensee has chosen.
Legal Evidences for different combinations of Standard License, Sites, and Products will not restrict each other and will not interfere in the rights granted to Licensee by each of them.
Legal Evidences are not transferable to different Sites and Products.
5. Limitation on Releases
This agreement is valid for all Releases of the Software with Release Dates within or before the 365 days that follow the Effective Date ("Upgrade Period"). Licensor has no obligation to provide you any Release that is not released for general distribution to other CIFullCalendar licensees. Nothing in this Agreement shall be construed to obligate Licensor to provide additional Releases to Licensee under any circumstances.
6. 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.
7. Warranty
7.1. Prior Inspection: Licensee hereby states that he inspected The Application 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 Application 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 Application's incompatibility, performance, results and features, and warrants that he inspected the The Application.
7.2. 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.
7.3. 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].
8. No Refunds
Licensee warrants that he inspected The Software according to clause 7.1 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.
9. 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.
10. 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.
11. General Public License
Under the General Public License license, CIFullcalendar is now intended to guarantee your freedom to share, promote the freedom to use, study, copy, modify, and redistribute the software / web app so that there is more freedom to its users. GNU General Public License However, for commerial use please contact here
Andre Gardiner
Document review 03/21/2018