End User License Agreement

Current Revision: October 13th, 2020

Introduction

Despite configuratorware's source code being publicly available (and not being encrypted), configuratorware is not free to use. If you use configuratorware on a public server, you have to purchase a license.

This End User License Agreement (the "Agreement") defines the relationship between you and us. If you do not agree to this Agreement, please do not install or use configuratorware. Installation or use of configuratorware implies that you have read and understood the Agreement and that you will be bound to it.

We recommend to read this Agreement carefully before you install and use configuratorware.

Definitions:

"We"/"Our"/"Us": rhm group GmbH, the creator of configuratorware. Our contact data can be found on our website.

"You": The licensee: An individual or company that has downloaded and/or installed configuratorware on one or more computer(s).

"Project": A project is a software solution based on configuratorware that that serves a single purpose. Each project requires a separate license. A project is defined by:

  • A single main domain: everything between protocol, prefixes and top level domain (tld), e.g. for [https\://www.]myproject[.com] "myproject" is the main domain. Additional tlds are no additional projects, nor are different prefixes.
  • An unlimited number of subdomains or root directories as long as they are used as Test-, Development- or Staging-Environments. To use different subdomains or roots to serve multiple purposes or clients requires a "Clients License" or "SaaS Software License"

"Development Machine": A computer that is used to work on a project. The software cannot be used by end users (no production usage).

"Version": A new software version that adds features, bugfixes or improvements. Updates are identified by the change of the revision right of the first decimal point, e.g. 1.12 to 1.13

"Major Version": A new software version that contains major new features, enhancements, or a new technical base. Upgrades are identified by the change of the revision left of the first decimal point, e.g. 1.X to 2.0 - New Major Versions are extremely rare.

"Source Code": The contents of all files that are provided with configuratorware. This includes (but is not limited to) all PHP, JavaScript, HTML, CSS, Image, and other media files.

"Clients License": A license that allows the usage of a single configuratorware installation to serve multiple clients, e.g. if a single manufacturer provides its configurator to an unlimited number of retailers. Still the configuratorware installation is bound to a single main domain. The Clients License is always an addition to a Project License.

"SaaS Software License": A license that allows the creation of a Software as a Service (SaaS, often referred to as "Cloud based Software") using configuratorware.

Usage of configuratorware for a project

The usage of configuratorware for a project requires a paid license.
The usage of configuratorware on a Development Machine does not require a paid license. Installations without an activated paid license are flagged with a banner.

configuratorware is software and software is intangible, we don't sell it as such. Instead, this Agreement grants a license for each purchase to install and use the software for a single project. Each project needs its own license. A paid license can technically be activated on an unlimited number of computers to use it on Development Machines or in Test-, Development- or Staging-Environments. Using the same paid license for different projects is not allowed.

A license is non-exclusive (we sell it not exclusively to you but to a broad range of customers). A license is non-transferable (meaning that the one who purchases the license is the licensee). If you want to transfer a license, please contact us.

A license is valid for all Versions of a Major Version. New Major Versions do require a new license (since the are basically a different software per definition).

Restrictions

Legal Restrictions

You may only use configuratorware in a manner that complies with any and all applicable laws in the jurisdictions in which you use it. Please respect all applicable restrictions concerning privacy and intellectual property rights.

Reproduction

You may not reproduce configuratorware or its Source Code, in whole or in part, for any other purpose.

Modification of the Source Code

Do not modify the source code of configuratorware itself. Doing this can lead to problems when installing new versions and we cannot provide technical support for modified such code. Explicitly do not alter or remove license validation, this makes you liable to prosecution.

configuratorware provides explicit concepts to customize the software (extend, modify, change the software's behaviour) by adding own code that does not interfere with the installation of configuratorware.

Reselling, Third Parties

You are not allowed to sell, license, assign, disclose, distribute, or transfer configuratorware or its Source Code in any other way, in whole or in part, in any form to any third parties.

If you are interested in reselling our licenses please contact us to become a Reselling Partner.

Additional Restrictions

You are not allowed to remove any license information or proprietary notices on configuratorware.
You are not allowed to extract parts of the Source Code for use in other programs or projects.

We reserve the right to determine whether your usage of configuratorware qualifies under this agreement.

Technical support

We provide technical support as described on our website. We do not guarantee response times for answering questions but we try to answer as fast as possible.

No Warranty

CONFIGURATORWARE IS OFFERED ON AN "AS-IS" BASIS AND NO WARRANTY, EITHER EXPRESSED OR IMPLIED, IS GIVEN. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF CONFIGURATORWARE INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE OF CONFIGURATORWARE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE.

Term, Termination and Modification

You may use configuratorware under this Agreement until either party terminates this Agreement as described in this paragraph. Either party may terminate the Agreement at any time, upon written notice to the other party. Upon termination, all licenses granted to You will terminate, and You will immediately uninstall and cease all use of configuratorware. The sections entitled "No Warranty", "Indemnification" and "Limitation of Liability" will survive any termination of this Agreement.

We may modify configuratorware and this Agreement with notice to You either via email or by publishing content on the configuratorware website, including but not limited to changing the functionality or appearance of configuratorware. Any such modification will become binding on You unless You terminate this Agreement.

Indemnification

By accepting the Agreement, you agree to indemnify and otherwise hold harmless us as well as our officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of configuratorware or any other matter relating to configuratorware. This paragraph also applies to you if you are not the licensee (e.g. if you use configuratorware while someone else is the licensee).

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL CUMULATIVE DAMAGES EXCEED THE FEES YOU PAID TO US UNDER THIS AGREEMENT IN THE MOST RECENT TWELVE-MONTH PERIOD. THIS PARAGRAPH ALSO APPLIES TO YOU IF YOU ARE NOT THE LICENSEE (E.G. IF YOU USE CONFIGURATORWARE WHILE SOMEONE ELSE IS THE LICENSEE).

All Rights Reserved

We own all rights, title and interest to configuratorware (including all intellectual property rights) and reserve all rights to configuratorware that are not expressly granted in this Agreement.