-
Notifications
You must be signed in to change notification settings - Fork 1
/
Copy pathLICENSE
41 lines (21 loc) · 8.62 KB
/
LICENSE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
IRONBLOCKS – "FIREWALL-CONSUMER" SOURCE LICENSE AGREEMENT
This Source License Agreement (the “Agreement”) governs your (as an individual or on behalf of an organization) use of Ironblocks Ltd.'s ("Ironblocks") proprietary "FIREWALL-CONSUMER" software, including, without limitation, any underlying object and source code, data, algorithm, utility and related documentation (collectively, the “Software”).
UPON YOUR FIRST USE OF THE SOFTWARE, YOU (EITHER INDIVIDUALLY OR ON BEHALF OF THE ENTITY OR COMPANY THAT YOU DULY REPRESENT) ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE THE POWER, AUTHORITY AND LEGAL RIGHT TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR ORGANIZATION (WHERE APPLICABLE).
THE SOFTWARE
Ironblocks hereby grants to you, and you hereby accept, (a) a limited, non-exclusive, perpetual, non-sublicensable, non-transferable and revocable (under the terms set forth below) license to incorporate the Software into your code in order to enable the communication between your code and the Software; and (b) a limited, non-exclusive and perpetual license to permit your users to use the Software as incorporated into your code ("OEM Product") which shall use the OEM Product for its designated purposes, all in accordance with and subject to the terms set forth in this Agreement. Any use of the Software for other purposes is strictly prohibited. It is hereby clarified that this Agreement shall not be construed as an open source license.
You should execute with users of the OEM Product an enforceable license agreement which should include at least those applicable terms contained hereunder regarding the use of the Software. You will not agree to any conflicting, different, or additional terms from those set forth hereunder that may affect the liability of Ironblocks and/or its intellectual property rights without Ironblocks’ prior written consent.
Ironblocks has no obligation to provide you and/or the users of the OEM Product any services, including support and maintenance services.
OWNERSHIP
All rights, title and interest in and to the Software and any part thereof, including, without limitation, any and all intellectual property rights related to, attached, connected, and/or embodied in the Software, as well as any derivatives, modifications, enhancements, updates, upgrades, customizations and/or improvements to any of the foregoing (collectively “Ironblocks' IP”) are and shall remain the sole and exclusive property of Ironblocks. You will retain the owner of the OEM Product excluding the Software and Ironblocks' IP included and/or incorporated therein.
If you contact Ironblocks with feedback data (e.g., questions, comments, suggestions, recommendations or the like) regarding the Software (collectively, “Feedback”), such Feedback shall be deemed non-confidential, and Ironblocks shall have a non-exclusive, royalty-free, worldwide, perpetual license to use or incorporate such Feedback into the Software and/or other current or future products or services of Ironblocks (without the your approval and without further compensation to you).
Nothing in these Agreement or in the publication of the Software shall constitute a waiver of Ironblocks' rights, including its intellectual property rights, under any law, or be in any way construed or interpreted as such.
Except as expressly permitted herein, without the prior written consent of Ironblocks, you must not, and shall not allow any other third party (including the users of the OEM Product) to, directly or indirectly: (i) use, modify, translate, incorporate into or with other software, or create a derivative work of any part of the Software, or sell, license (or sub-license), lease, assign, transfer, pledge, or share Ironblocks' rights under this Agreement with or to anyone else; (ii) copy, distribute or reproduce the Software for the benefit of third parties; (iii) use the Software in order to build or support, and/or assist a third party in building or supporting, products or services which are competitive to Ironblocks' business; (iv) use the Software in a manner that violates or infringes any rights of any third party; (v) remove or otherwise modify any of Ironblocks' trademarks, logos, copyrights, notices or other proprietary notices or indicia, if any, fixed, incorporated, included or attached to the Software nor copy any local agent, the documentation or any written materials accompanying the Software and you are not allowed to claim ownership in or take any credit over the Software; (vi) use the Software for any purpose other than for the purpose for which the Software is designated for or other than in compliance with the terms of this Agreement; (vii) ship, transfer, or export the Software into any country, or make available or use the Software in any manner, prohibited by applicable laws (including without limitation export control laws, as applicable); and/or (viii) use the Software in any other unlawful manner not expressly authorized by Ironblocks.
LIMITED WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY INTELLECTUAL PROPERTY INCLUDED IN THIS REPOSITORY ARE PROVIDED ON AN "AS IS" BASIS. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE AND NON-INFRINGEMENT OF THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS ARE HEREBY DISCLAIMED. IRONBLOCKS DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE'S OPERATION WILL BE SECURED AT ALL TIMES, UNINTERRUPTED, ERROR-FREE, FALSE-POSITIVES FREE, FREE OF VIRUSES, BUGS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER SOFTWARE LIMITATIONS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IRONBLOCKS, ITS LICENSORS, SUPPLIERS, AFFILIATES, DISTRIBUTORS AND RESELLERS BE LIABLE WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, TO YOU OR ANY THIRD PARTY (INCLUDING USERS OF THE OEM PRODUCT) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, RELATED TO, AND/OR CONNECTED TO AND/OR ARISING IN ANY WAY OUT OF THE USE OR INABILITY TO USE OF THE SOFTWARE, EVEN IF IRONBLOCKS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IRONBLOCKS, ITS LICENSORS, SUPPLIERS, AFFILIATES, DISTRIBUTORS AND RESELLERS, TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SOFTWARE SHALL BE LIMITED TO THE AMOUNT OF $US 1.00.
TERMINATION
This Agreement is effective upon downloading, installing, operating or otherwise using the Software, and will remain in force until terminated (all in accordance with this Agreement). Ironblocks may terminate this Agreement (including the license granted therein) immediately without notice if you fail to comply with, or breach, any provision of this Agreement. Upon termination of this Agreement: all licenses granted to you in this Agreement shall expire and you, shall discontinue all further use of the Software. The provisions of this Agreement that, by their nature and content, must survive the termination of this Agreement in order to achieve the fundamental purposes of this Agreement shall so survive. Termination of this Agreement shall not limit Ironblocks from pursuing any other remedies available to it under the applicable law.
GENERAL
This Agreement shall be governed by and construed under the laws of the State of Israel, without reference to principles and laws relating to the conflict of laws. The competent courts located in Tel Aviv-Jaffa, Israel, shall have the exclusive jurisdiction with respect to any dispute and action arising under or in relation to this Agreement. Ironblocks may, at its sole discretion, change the terms contained herein by sending you an e-mail. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. You may not assign your rights or obligations under this Agreement without the prior written consent of Ironblocks. Ironblocks may assign or transfer its rights and/or obligations under this Agreement without restriction or notification.