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Pakyow Commercial License

Pakyow is available for free under the LGPLv3 open-source license. Purchasing a subscription gives you the right to use Pakyow without some of the open-source license restrictions. For example, the commercial license gives you permission to keep your framework modifications closed source and distribute framework code in your project.

The full commercial license text can be found below. Please give it a read. We've tried hard to make it clear and fair, but drop us a line if there's a question we can answer.

Software License Agreement

THIS DOCUMENT IS A LEGAL AGREEMENT (“Agreement”) BETWEEN YOU (THE CUSTOMER, EITHER AS AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AS AN ENTITY) AND METABAHN, LLC. IT PROVIDES A LICENSE TO USE THE PAKYOW FRAMEWORKS DEVELOPED BY METABAHN USED FOR BUILDING WEBSITES AND WEB-BASED APPLICATIONS AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS.

BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SOFTWARE, YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS.

0. Definitions

“Project” means any software, application, or libraries that your Users develop using the Pakyow Frameworks or Modifications in accordance with this Agreement, and specifically, subject to the prohibited use restrictions described in Section 3.

“User” means a single person for whom you have purchased a license to use the Pakyow Frameworks, whether such person is an employee acting within the scope of their employment with you or your consultant or contractor acting within the scope of the services they provide for you.

“Modification” means: a) any addition to or deletion from the contents of a file included in the original Pakyow Frameworks or previous Modifications created by you, or b) any new file you create that leverages any part of the original Pakyow Frameworks or previous Modifications.

"Major Version", "Minor Version" and "Maintenance Version" means parts of a version number X.Y.Z, where X is the Major Version, Y the Minor Version, and Z the Maintenance version.

1. License Grant

Subject to the payment of the fee required, and subject to your compliance with all of the terms and conditions of this Agreement, Metabahn grants to you a non-exclusive, non-transferable, limited license (i) for User(s) to use the Pakyow Frameworks to create Projects and Modifications; (ii) for you to distribute the Pakyow Frameworks and/or Modifications solely as integrated into your Projects.

2. Ownership

This is a license agreement and not an agreement for sale. We provide you with source code to the Pakyow Frameworks so that you can create Projects and Modifications. While you retain all rights to any original work authored by you as part of your Modifications, we continue to own all copyright and other intellectual property rights in the Pakyow Frameworks.

3. Prohibited Uses

You may not redistribute the Pakyow Frameworks or Modifications other than by including the Pakyow Frameworks as part of your Project. You must not allow any third party to use the Pakyow Frameworks or Modifications for software development purposes.

UNDER NO CIRCUMSTANCES MAY YOU USE THE PAKYOW FRAMEWORKS AS PART OF A PRODUCT OR SERVICE THAT PROVIDES SIMILAR FUNCTIONALITY TO THE SOFTWARE ITSELF.

4. License Fee

In consideration for the license granted herein, Metabahn will charge you a license fee according to price visible at Pakyow.com at the time of purchase or a subscription fee when the license is included as part of a subscription.

You must have a valid license for all Users who use the Pakyow Frameworks for your Projects. The license may be used in many Projects simultaneously and your Projects may be deployed to an unlimited number of servers without additional payments.

Your license will be valid on the payment of the license or subscription fee. If your license or subscription is given by Metabahn without a fee, the license is valid immediately.

5. Term & Termination

This Agreement becomes effective as of the payment of the applicable license or subscription fee. In the event you fail to comply with the terms set in this Agreement, the license granted herein shall not be valid and you must either comply with one of the open source licenses listed for the Pakyow Frameworks or at once cease the use of the Pakyow Frameworks and any of its rights under Section 1.

Either party may terminate this Agreement if the other party: (a) fails to cure any material breach of this Agreement within seven (7) days after written notice of such breach, provided that Metabahn may terminate this Agreement immediately upon any breach of Section 4; (b) ceases operation without a successor; or (c) seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding, or if any such proceeding is instituted against such party and is not dismissed within sixty (60) days.

If and when this Agreement is terminated due to any reason or cause whatsoever, you shall cease to use the Pakyow Frameworks and any of its rights under Section 1, and delete all copies of the Pakyow Frameworks.

Provisions of the Agreement which, by their nature, are intended to survive its termination or expiration, shall survive its termination or expiration.

6. Disclaimer of Warranties

The Pakyow Frameworks are provided “as is” without warranty of any kind express or implied, and to the maximum extend permitted by law. We do not guarantee that the Pakyow Frameworks will be free of bugs, errors, or other defects, and you acknowledge that it is not technically practicable for us to do so.

7. Limitation of Liability

Under no circumstances will Metabahn be liable for any consequential, indirect, special, general, incidental, reliance, exemplary, or punitive damages arising out of or relating to this Agreement, whether foreseeable or not, and whether based on breach of any express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort, or other cause of action (including damages for loss of data, goodwill, reputation, business, money, or opportunity), even if such party has been advised of the possibility of such damages.

Metabahn’s aggregate liability to you for any claim arising out of or relating to this Agreement will not exceed the aggregate amount of license fees paid by you to Metabahn under the Agreement during the twelve (12) month period prior to the cause of the action.

8. Updates

Metabahn may, in its sole discretion, provide maintenance releases, updates and upgrades as new versions of the Pakyow Frameworks. All new Maintenance, Minor, and Major version updates of the Pakyow Frameworks are free and do not require a purchase of new licenses.

9. Miscellaneous

  • Entire Agreement. This Agreement expresses the entire understanding of the parties hereto related to the subject matter hereof and is the only agreement, promise, or understanding to be relied upon in performing the duties described in this Agreement. This Agreement supersedes and replaces any prior agreements between the parties.
  • Amendment. Metabahn reserves the right, in its sole discretion, to amend this Agreement from time. Amendments to this Agreement can be found at: https://pakyow.com/legal/licenses/commercial/
  • Assignment. You may not assign this Agreement or any of its rights under this Agreement without the prior written consent of Metabahn and any attempted assignment without such consent shall be void.
  • Export Compliance. You agree to comply with all applicable laws and regulations, including laws, regulations, orders or other restrictions on export, re-export or redistribution of software.
  • Indemnification. You agree to defend, indemnify, and hold harmless Metabahn from and against any lawsuits, claims, losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of your use of the Pakyow Frameworks or breach of this Agreement.
  • Applicable Law. This Agreement, and all claims or causes of action that may be based upon, arise out of, or relate to this Agreement and / or the Software shall be governed by the law of the State of Washington, United States (notwithstanding conflicts of laws provisions), and all parties irrevocably submit to the jurisdiction of the state or federal courts of the State of Washington and further agree to commence any litigation which may arise hereunder or related hereto and/or to the Software in the state or federal courts located in Bellingham, Washington, United States.
  • Severability. Any unenforceable provision of this Agreement will be modified to the extent necessary to make it enforceable or, if that is not possible, will be severed from this Agreement, and, in any case, the remainder of this Agreement will be enforced to the fullest extent possible.
  • Waiver. No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right.