From eb029aef7d9b92d625c720a4d1474595e2b73c9a Mon Sep 17 00:00:00 2001 From: Salvatore Giordano Date: Thu, 4 Feb 2021 17:48:04 +0100 Subject: [PATCH] Delete LICENSE.md --- LICENSE.md | 219 ----------------------------------------------------- 1 file changed, 219 deletions(-) delete mode 100644 LICENSE.md diff --git a/LICENSE.md b/LICENSE.md deleted file mode 100644 index 4dcdfd4..0000000 --- a/LICENSE.md +++ /dev/null @@ -1,219 +0,0 @@ -SOURCE CODE LICENSE AGREEMENT - -IMPORTANT - READ THIS CAREFULLY BEFORE DOWNLOADING, INSTALLING, USING OR -ELECTRONICALLY ACCESSING THIS PROPRIETARY PRODUCT. - -THIS IS A LEGAL AGREEMENT BETWEEN STREAM.IO, INC. (“STREAM.IO”) AND THE -BUSINESS ENTITY OR PERSON FOR WHOM YOU (“YOU”) ARE ACTING (“CUSTOMER”) AS THE -LICENSEE OF THE PROPRIETARY SOFTWARE INTO WHICH THIS AGREEMENT HAS BEEN -INCLUDED (THE “AGREEMENT”). YOU AGREE THAT YOU ARE THE CUSTOMER, OR YOU ARE AN -EMPLOYEE OR AGENT OF CUSTOMER AND ARE ENTERING INTO THIS AGREEMENT FOR LICENSE -OF THE SOFTWARE BY CUSTOMER FOR CUSTOMER’S BUSINESS PURPOSES AS DESCRIBED IN -AND IN ACCORDANCE WITH THIS AGREEMENT. YOU HEREBY AGREE THAT YOU ENTER INTO -THIS AGREEMENT ON BEHALF OF CUSTOMER AND THAT YOU HAVE THE AUTHORITY TO BIND -CUSTOMER TO THIS AGREEMENT. - -STREAM.IO IS WILLING TO LICENSE THE SOFTWARE TO CUSTOMER ONLY ON THE FOLLOWING -CONDITIONS: (1) YOU ARE A CURRENT CUSTOMER OF STREAM.IO; (2) YOU ARE NOT A -COMPETITOR OF STREAM.IO; AND (3) THAT YOU ACCEPT ALL THE TERMS IN THIS -AGREEMENT. BY DOWNLOADING, INSTALLING, CONFIGURING, ACCESSING OR OTHERWISE -USING THE SOFTWARE, INCLUDING ANY UPDATES, UPGRADES, OR NEWER VERSIONS, YOU -REPRESENT, WARRANT AND ACKNOWLEDGE THAT (A) CUSTOMER IS A CURRENT CUSTOMER OF -STREAM.IO; (B) CUSTOMER IS NOT A COMPETITOR OF STREAM.IO; AND THAT (C) YOU HAVE -READ THIS AGREEMENT, UNDERSTAND THIS AGREEMENT, AND THAT CUSTOMER AGREES TO BE -BOUND BY ALL THE TERMS OF THIS AGREEMENT. - -IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, -STREAM.IO IS UNWILLING TO LICENSE THE SOFTWARE TO CUSTOMER, AND THEREFORE, DO -NOT COMPLETE THE DOWNLOAD PROCESS, ACCESS OR OTHERWISE USE THE SOFTWARE, AND -CUSTOMER SHOULD IMMEDIATELY RETURN THE SOFTWARE AND CEASE ANY USE OF THE -SOFTWARE. - -1. SOFTWARE. The Stream.io software accompanying this Agreement, may include -Source Code, Executable Object Code, associated media, printed materials and -documentation (collectively, the “Software”). The Software also includes any -updates or upgrades to or new versions of the original Software, if and when -made available to you by Stream.io. “Source Code” means computer programming -code in human readable form that is not suitable for machine execution without -the intervening steps of interpretation or compilation. “Executable Object -Code" means the computer programming code in any other form than Source Code -that is not readily perceivable by humans and suitable for machine execution -without the intervening steps of interpretation or compilation. “Site” means a -Customer location controlled by Customer. “Authorized User” means any employee -or contractor of Customer working at the Site, who has signed a written -confidentiality agreement with Customer or is otherwise bound in writing by -confidentiality and use obligations at least as restrictive as those imposed -under this Agreement. - -2. LICENSE GRANT. Subject to the terms and conditions of this Agreement, in -consideration for the representations, warranties, and covenants made by -Customer in this Agreement, Stream.io grants to Customer, during the term of -this Agreement, a personal, non-exclusive, non-transferable, non-sublicensable -license to: - -a. install and use Software Source Code on password protected computers at a Site, -restricted to Authorized Users; - -b. create derivative works, improvements (whether or not patentable), extensions -and other modifications to the Software Source Code (“Modifications”) to build -unique scalable newsfeeds, activity streams, and in-app messaging via Stream’s -application program interface (“API”); - -c. compile the Software Source Code to create Executable Object Code versions of -the Software Source Code and Modifications to build such newsfeeds, activity -streams, and in-app messaging via the API; - -d. install, execute and use such Executable Object Code versions solely for -Customer’s internal business use (including development of websites through -which data generated by Stream services will be streamed (“Apps”)); - -e. use and distribute such Executable Object Code as part of Customer’s Apps; and - -f. make electronic copies of the Software and Modifications as required for backup -or archival purposes. - -3. RESTRICTIONS. Customer is responsible for all activities that occur in -connection with the Software. Customer will not, and will not attempt to: (a) -sublicense or transfer the Software or any Source Code related to the Software -or any of Customer’s rights under this Agreement, except as otherwise provided -in this Agreement, (b) use the Software Source Code for the benefit of a third -party or to operate a service; (c) allow any third party to access or use the -Software Source Code; (d) sublicense or distribute the Software Source Code or -any Modifications in Source Code or other derivative works based on any part of -the Software Source Code; (e) use the Software in any manner that competes with -Stream.io or its business; or (e) otherwise use the Software in any manner that -exceeds the scope of use permitted in this Agreement. Customer shall use the -Software in compliance with any accompanying documentation any laws applicable -to Customer. - -4. OPEN SOURCE. Customer and its Authorized Users shall not use any software or -software components that are open source in conjunction with the Software -Source Code or any Modifications in Source Code or in any way that could -subject the Software to any open source licenses. - -5. CONTRACTORS. Under the rights granted to Customer under this Agreement, -Customer may permit its employees, contractors, and agencies of Customer to -become Authorized Users to exercise the rights to the Software granted to -Customer in accordance with this Agreement solely on behalf of Customer to -provide services to Customer; provided that Customer shall be liable for the -acts and omissions of all Authorized Users to the extent any of such acts or -omissions, if performed by Customer, would constitute a breach of, or otherwise -give rise to liability to Customer under, this Agreement. Customer shall not -and shall not permit any Authorized User to use the Software except as -expressly permitted in this Agreement. - -6. COMPETITIVE PRODUCT DEVELOPMENT. Customer shall not use the Software in any way -to engage in the development of products or services which could be reasonably -construed to provide a complete or partial functional or commercial alternative -to Stream.io’s products or services (a “Competitive Product”). Customer shall -ensure that there is no direct or indirect use of, or sharing of, Software -source code, or other information based upon or derived from the Software to -develop such products or services. Without derogating from the generality of -the foregoing, development of Competitive Products shall include having direct -or indirect access to, supervising, consulting or assisting in the development -of, or producing any specifications, documentation, object code or source code -for, all or part of a Competitive Product. - -7. LIMITATION ON MODIFICATIONS. Notwithstanding any provision in this Agreement, -Modifications may only be created and used by Customer as permitted by this -Agreement and Modification Source Code may not be distributed to third parties. -Customer will not assert against Stream.io, its affiliates, or their customers, -direct or indirect, agents and contractors, in any way, any patent rights that -Customer may obtain relating to any Modifications for Stream.io, its -affiliates’, or their customers’, direct or indirect, agents’ and contractors’ -manufacture, use, import, offer for sale or sale of any Stream.io products or -services. - -8. DELIVERY AND ACCEPTANCE. The Software will be delivered electronically pursuant -to Stream.io standard download procedures. The Software is deemed accepted upon -delivery. - -9. IMPLEMENTATION AND SUPPORT. Stream.io has no obligation under this Agreement to -provide any support or consultation concerning the Software. - -10. TERM AND TERMINATION. The term of this Agreement begins when the Software is -downloaded or accessed and shall continue until terminated. Either party may -terminate this Agreement upon written notice. This Agreement shall -automatically terminate if Customer is or becomes a competitor of Stream.io or -makes or sells any Competitive Products. Upon termination of this Agreement for -any reason, (a) all rights granted to Customer in this Agreement immediately -cease to exist, (b) Customer must promptly discontinue all use of the Software -and return to Stream.io or destroy all copies of the Software in Customer’s -possession or control. Any continued use of the Software by Customer or attempt -by Customer to exercise any rights under this Agreement after this Agreement -has terminated shall be considered copyright infringement and subject Customer -to applicable remedies for copyright infringement. Sections 2, 5, 6, 8 and 9 -shall survive expiration or termination of this Agreement for any reason. - -11. OWNERSHIP. As between the parties, the Software and all worldwide intellectual -property rights and proprietary rights relating thereto or embodied therein, -are the exclusive property of Stream.io and its suppliers. Stream.io and its -suppliers reserve all rights in and to the Software not expressly granted to -Customer in this Agreement, and no other licenses or rights are granted by -implication, estoppel or otherwise. - -12. WARRANTY DISCLAIMER. USE OF THIS SOFTWARE IS ENTIRELY AT YOURS AND CUSTOMER’S -OWN RISK. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND -WHATSOEVER. STREAM.IO DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY WARRANTY OF ANY -KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT -LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR -PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, RESULTS, EFFORTS, -QUALITY OR QUIET ENJOYMENT. STREAM.IO DOES NOT WARRANT THAT THE SOFTWARE IS -ERROR-FREE, WILL FUNCTION WITHOUT INTERRUPTION, WILL MEET ANY SPECIFIC NEED -THAT CUSTOMER HAS, THAT ALL DEFECTS WILL BE CORRECTED OR THAT IT IS -SUFFICIENTLY DOCUMENTED TO BE USABLE BY CUSTOMER. TO THE EXTENT THAT STREAM.IO -MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND -DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. -CUSTOMER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE -EXPRESS WARRANTIES IN THIS AGREEMENT. - -13. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, STREAM.IO’S -TOTAL LIABILITY FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THE SOFTWARE OR -THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, -SHALL NOT EXCEED $100. IN NO EVENT WILL STREAM.IO BE LIABLE FOR ANY INDIRECT, -CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES OF ANY KIND -WHATSOEVER, INCLUDING ANY LOST DATA AND LOST PROFITS, ARISING FROM OR RELATING -TO THE SOFTWARE EVEN IF STREAM.IO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH -DAMAGES. CUSTOMER ACKNOWLEDGES THAT THIS PROVISION REFLECTS THE AGREED UPON -ALLOCATION OF RISK FOR THIS AGREEMENT AND THAT STREAM.IO WOULD NOT ENTER INTO -THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. - -14. General. Customer may not assign or transfer this Agreement, by operation of -law or otherwise, or any of its rights under this Agreement (including the -license rights granted to Customer) to any third party without Stream.io’s -prior written consent, which consent will not be unreasonably withheld or -delayed. Stream.io may assign this Agreement, without consent, including, but -limited to, affiliate or any successor to all or substantially all its business -or assets to which this Agreement relates, whether by merger, sale of assets, -sale of stock, reorganization or otherwise. Any attempted assignment or -transfer in violation of the foregoing will be null and void. Stream.io shall -not be liable hereunder by reason of any failure or delay in the performance of -its obligations hereunder for any cause which is beyond the reasonable control. -All notices, consents, and approvals under this Agreement must be delivered in -writing by courier, by electronic mail, or by certified or registered mail, -(postage prepaid and return receipt requested) to the other party at the -address set forth in the customer agreement between Stream.io and Customer and -will be effective upon receipt or when delivery is refused. This Agreement will -be governed by and interpreted in accordance with the laws of the State of -Colorado, without reference to its choice of laws rules. The United Nations -Convention on Contracts for the International Sale of Goods does not apply to -this Agreement. Any action or proceeding arising from or relating to this -Agreement shall be brought in a federal or state court in Denver, Colorado, and -each party irrevocably submits to the jurisdiction and venue of any such court -in any such action or proceeding. All waivers must be in writing. Any waiver or -failure to enforce any provision of this Agreement on one occasion will not be -deemed a waiver of any other provision or of such provision on any other -occasion. If any provision of this Agreement is unenforceable, such provision -will be changed and interpreted to accomplish the objectives of such provision -to the greatest extent possible under applicable law and the remaining -provisions will continue in full force and effect. Customer shall not violate -any applicable law, rule or regulation, including those regarding the export of -technical data. The headings of Sections of this Agreement are for convenience -and are not to be used in interpreting this Agreement. As used in this -Agreement, the word “including” means “including but not limited to.” This -Agreement (including all exhibits and attachments) constitutes the entire -agreement between the parties regarding the subject hereof and supersedes all -prior or contemporaneous agreements, understandings and communication, whether -written or oral. This Agreement may be amended only by a written document -signed by both parties. The terms of any purchase order or similar document -submitted by Customer to Stream.io will have no effect. \ No newline at end of file