OPENTEKNIK LLC, COMMERCIAL LICENSE v1.0

1. Preamble: This Agreement, governs the relationship between Buyer, a Business Entity, (hereinafter: Licensee) and OpenTeknik LLC, a duly registered company in whose principal place of business is 6933 West 2nd Street, Davenport, IA 52802-4054, United States (hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using Premium Version / Components (hereinafter: The Software) created and owned by Licensor, as detailed herein

2. License Grant: Licensor hereby grants Licensee a Personal, Non-assignable & non-transferable, Perpetual, Commercial with terms, Without the rights to create derivative works, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.

   1. This license is granted perpetually, as long as you do not materially breach it.
   2. Non Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this license.
   3. Commercial use allowed with restrictions: You are allowed to use for commercial purpose but you are not allowed to re-sell the product, nor to provide it software as service to customers (you can use it as standard social network website).
   4. With support & maintenance: Licensor shall provide Licensee support and maintenance as follows -
      The support is provided until you didn't modify software. This didn't applies to changing colors, images etc. (but includes changing the core php files, running on non-supported version of server, hosting panel etc).
   5. Fully qualified domain name (FQDN): Licensee shall use the software only on FQDN (public domain). Installation on localhost / local machines / private networks and IPs are not supported.
   6. Single Domain License: The license is valid for single domain, every addtional domains license must be purchased. Licensee can request change in the domain name.
3. Term & Termination: The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee :
   1. became insolvent or otherwise entered into any liquidation process; or
   2. exported The Software to any jurisdiction where licensor may not enforce his rights under this agreements in; or
   3. Licensee was in breach of any of this license's terms and conditions and such breach was not cured, immediately upon notification; or
   4. Licensee in breach of any of the terms of clause 2 to this license; or
   5. Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under this License.
      
      
4. Payment: In consideration of the License granted under clause 2, Licensee shall pay Licensor a fee, via Credit-Card, PayPal or any other mean which Licensor may deem adequate. Failure to perform payment shall construe as material breach of this Agreement.
5. Upgrades, Updates and Fixes: Premium license holders will have 6 months of technical support, access to the API, and any new updates released for the premium software. Any premium features included at the time of purchase of the license or through the 6 month update process are included indefinitely. After the 6 month period expires, a updates could be purchased.
6. Fully qualified domain name (FQDN): Licensee shall use the software only on fully qualified public domain name. Installation on localhost / local machines / private networks and IPs are not supported. Example, https://www.example.com is valid. https://127.0.0.1 or https://localhost are not valid.
7. Single Domain License: The license is only valid for use with one domain name. Use on multiple domains requires you to obtain one license for each domain you wish to use the software on.
8. Support: Software is provided with limited support (6 months), as detailed in the Software’s SLA detailed under the License Grant. Licensor shall provide support via the issue tracker and / or electronic mail and on regular business days and hours.
9. 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.
10. Warranty:  
    1. Intellectual Property: The software is intellectual property of OpenTeknik LLC.
    2. 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 website[s].
    3. Prior Inspection: Licensee hereby states that he inspected The Software 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 Software 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 Software's incompatibility, performance, results and features, and warrants that he inspected the The Software.
11. No Refunds: Licensee warrants that he inspected The Software according to clause 7(c) 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.
12. Governing Law, 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.