HumHub Commercial License

Copyright © 2015 HumHub GmbH & Co. KG — https://www.humhub.com/

§ 1 Subject matter of the License

Subject matter of this License is the use of the social network kit “HumHub” under the terms and conditions set forth herein. Any further use or exploitation shall be excluded.

§ 2 Copyright protection

All rights to the Software (including but not limited to all images, photographs, animations, video, audio and text contained therein), all accompanying printed materials and any copies of the Software are the property of Licensor and protected by copyright.

§ 3 Extent of use

1. Licensor will provide the Software to Licensee who may use it exclusively under this License Agreement. Licensee is granted the right to use the Software, but Licensor retains ownership of all copies of the Software itself. Licensee shall be solely responsible for the installation, use and all results from the use of the Software.
2. Licensee is granted the right to the non-exclusive, worldwide use of the Software unlimited in time for a single installation per License purchased, either for itself or for a customer. An exception is made for the use of additional non-public copies solely for backup or test environments for the project development, maintenance and administration.
3. Licensee receives the right to adjust and change the Software according to its needs. Licensee can connect the Software with other software and make a derivative work from it. The resulting software is, however, subject to the terms of this License. Extensions are excluded (§ 4) from this.
4. Licensee is prohibited from sub-licensing, assigning or copying the Software (whether manipulated or not) to third parties.
5. Although Licensee may change its copy of the Software and is free to delete undesirable components thereof, it is forbidden to extract individual components and use them on a stand-alone basis.
6. This License shall be valid for an indefinite period of time until it is terminated. This License terminates immediately and without notice if Licensee violates any provision of this License. In this case, Licensee shall be obliged to cease the use of the Software and to uninstall all copies of the Software.

§ 4 Publication of extensions

Extensions are exempted from the restriction of passing on the Software. Extensions are independent program components which add to the functionalities or change the appearance of the Software.

Licensee is granted this License with the right to pass on all extensions developed by itself under any license (including any commercial license), provided that such licenses are subject to the following conditions:

1. In the case of the extension of a module: A module is a self-contained unit that consists of models, views, controllers, and other components, if any. It is integrated in the Software and serves the purpose of extending the function of the Software without having to change the core files. Modules are included in the directory WebRoot/protected/modules/ of the Software installation as a name with a unique module. A module must contain a module class that has been derived from CWebModule.
2. In the case of the extension of a theme: The user can change the entire appearance/look of the Software using a theme. Each theme is displayed in the Software by a directory that contains the view, layout and other relevant resource files, such as images, CSS and Javascript files. The name of a theme corresponds to the directory name and is located below WebRoot/themes.

Licensor shall not be liable in any way for extensions which are produced and passed on under this License.

§ 5 Obligations of the customer

1. Licensee shall take reasonable measures if the Software is not working properly in whole or in part. Licensee will thoroughly test the Software as to its usefulness for the intended purpose before using it in real operation.
2. Licensee shall take reasonable measures to protect the Software, in particular the source code, from unauthorized access by third parties.

§ 6 Transfer of the right of use

Licensee may transfer the Software (whether manipulated or not) in connection with the License purchased, including all rights to the Software, to another party, taking into account the following:

1. Former Licensee shall inform Licensor in writing about the transfer.
2. Licensor must receive evidence in writing that the new licensee has accepted the terms of this License.
3. Former Licensee shall be obliged to cease using the Software and all copies of the Software (including backup or test installations) and to remove/uninstall it immediately.

Donating, renting, leasing or lending the Software to third parties shall be expressly prohibited.

§ 7 Changes and updates

1. Licensor has the right to update the Software at its sole discretion.
2. Licensor may provide Licensee with new updates, extensions or improvements to the Software and/or new versions of the Software either free of charge or against payment. All new features that are provided to Licensee are also subject to the terms of this License.

§ 8 Liability

1. Due to the present state-of-the-art of technology, the occurrence of program errors in the Software cannot be completely ruled out. Subject matter of this License is therefore a software that is basically usable according to the program description.
2. For the reasons indicated above under item 1), Licensor shall not assume any liability that the Software is free of any errors. In particular, Licensor does not warrant that the Software meets the requirements and purposes of Licensee or is compatible with other programs selected by the Licensee. Licensee shall be responsible for the proper selection and consequences of use of the Software as well as the intended or achieved results. If the Software is basically not usable within the meaning of item 1), Licensee shall have the right to cancel the agreement. Licensor shall have the same right if the production of usable Software within the meaning of item 1) is not possible at reasonable efforts and costs.
3. Licensor shall not be liable for any damage arising from the use of this Software or the inability to use this Software (including unrestrictedly damages for loss of profits, business interruption, loss of business information or data or any other financial loss) even if Licensor has been informed of the possibility of such damages. This does not apply if the liability is mandatory due to intent or gross negligence.
4. Since the Software is customisable to a large degree by using extensions, any illustrations in demonstration or test programs as well as in product and project descriptions do not imply any quality guarantee, unless specifically identified as such.

§ 9 Final provisions

If any provision of this License is held invalid or unenforceable under applicable law by a court of competent jurisdiction, said provision will be enforced to the maximum extent permissible, and the remaining provisions of this License shall continue to remain in full force and effect.

All prior proposals, agreements, representations or clarifications between Licensee and Licensor shall be expressly rendered ineffective and replaced by this License.