NOTHING IN THIS AGREEMENT EXCLUDES OR RESTRICTS A PARTY’S LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY THAT PARTY’S NEGLIGENCE, (B) FRAUD, OR (C) ANY OTHER LIABILITY TO THE EXTENT THAT IT CANNOT BE LAWFULLY EXCLUDED OR RESTRICTED.
centros Community License v1.0
This centros Community License v1.0 (“this Agreement”) sets forth the terms and conditions on which centros GmbH (“the Licensor”) makes available this software (“the Software”). BY INSTALLING, DOWNLOADING, ACCESSING, USING OR DISTRIBUTING THE SOFTWARE YOU INDICATE YOUR ACCEPTANCE TO, AND ARE ENTERING INTO A CONTRACT WITH, THE LICENSOR ON THE TERMS SET OUT IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SOFTWARE. IF YOU ARE RECEIVING THE SOFTWARE ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE ACTUAL AUTHORITY TO AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT ON BEHALF OF SUCH ENTITY. “Licensee” means you, an individual, or the entity on whose behalf you are receiving the Software.
Permission is hereby granted, free of charge, to the Licensee obtaining a copy of this Software and associated documentation files, to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject in each case to the following conditions:
Condition 1: If the Licensee distributes the Software or any derivative works of the Software, the Licensee must attach this Agreement.
Condition 2: Without limiting other conditions in this Agreement, the grant of rights under this Agreement does not include the right to provide a Commercial Managed Service Offering of the centros Framework.
A “Managed Service Offering” is a service intended for or directed towards commercial advantage or monetary compensation for the provider of the service enabling third parties (other than the provider’s employees or Contractors) to consume any services that are in direct competition with any commercial cloud-based services that are offered to the market by the Licensor.
If the Licensee is in breach of the Conditions, this Agreement, including the rights granted under it, will automatically terminate with immediate effect.
SUBJECT AS SET OUT BELOW, THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.