# **Software Source-Code License Agreement**

This Software Source-Code License Agreement (referred to as the
\"Agreement\") is a legally binding agreement between You, an individual
or entity (the **"Licensee"**), and radykal GmbH, a company registered
and existing under the laws of the Republic of Austria, with its
registered address at Sparchner Strasse 14, 6330 Kufstein, Austria (the
**"Licensor"**). This Agreement is a legally binding contract that
includes terms and conditions under which You can copy, use, modify,
republish, redistribute the software application provided by the
Licensor (the "Software"), and limit the Licensors\' liability in
relation to you. You hereby agree, without limitation or alteration, to
all the terms and conditions contained herein.

**Definitions**

Unless the context otherwise requires, the following capitalized terms
shall have the following meanings:

**"Licensor"** means the copyright owner or entity authorized by the
copyright owner that is granting the rights under this License.

**"You"** or **"Your"** (also referred to as the **"Licensee"**) means
an individual or a legal person exercising rights and authorizations
granted under this License.

**"License" or "Agreement"** means the terms and conditions for use,
copying, modification, reproduction, and distribution as defined in this
document.

**"Original Code"** means the Original Code of authorship, whether in
source or object form, made available under this License.

**"Modifications"** means any addition to, change of or deletion from
the substance or structure of the Original Code.

**"Plugin"** means a software component that adds new functions or
features to an existing computer program without altering the program
itself.

**"Intellectual Property Rights"** means any and all registered and
unregistered rights to plans, ideas, designs, or other intangible
assets. Such rights are granted, applied for, or otherwise now or
hereafter in existence under or related to any patent, copyright,
trademark, trade secret, database protection, right of publicity, other
intellectual property rights laws, and all similar or equivalent rights
or forms of protection, in any part of the world.

**"Software"** means the computer program composed of the Original Code,
owned and operated by the Licensor.

**"CMS"** means Content Management System, computer software, an
interface that allows users to create, edit, publish digital content.

**"SaaS"** means Software as a Service, a way of delivering computer
programs and applications remotely over the internet instead of locally
on machines.

**1. Authorizations**

1.1 Licensor hereby grants to You a worldwide, free of charge,
perpetual, non-exclusive, royalty-free, sublicensable, irrevocable
copyright license to use, copy, modify, merge, publish, perform,
distribute and/or sell copies of the Original Code in relation to
commercial and non-commercial projects, subject to the terms and
conditions set forth within this Agreement.

1.2 You are authorized to release any Modifications under any license,
provided that You include a copy of this License, or a link to this
License, reasonably noticeable by recipients of the Modifications.

1.3 You shall not have any obligation to provide, assign, or disclose to
the Licensor or any other party any Modifications. Notwithstanding the
foregoing, Licensor shall retain exclusive ownership of all worldwide
Intellectual Property Rights in and to the Software. The Licensee
acknowledges that this License does not grant to the Licensee any
Intellectual Property Rights in or to the Software other than the
limited rights with respect to the Original Code subject to the terms
and conditions of this License.

1.4 Licensor further reserves all rights and privileges of every kind
and nature, except as specifically granted in this Agreement.

**2. Limitations**

2.1 The Licensee shall not copy, modify, merge or otherwise use the
Original Code to create and distribute a Plugin for commercial products,
unless there is a separate agreement between the Licensee and the
Licensor that states otherwise. Furthermore, the Licensee shall not use
the Original Code to create any add-on or module for any SaaS tools,CMS
or CMS-like system or software, available now or in the future.

2.2 Neither the name of the Licensor, nor any of its trademarks or, as
applicable, service marks, may be used to endorse or promote products
derived from this Original Code without express prior written permission
of the Licensor.

**3. Prohibited Use**

3.1 You acknowledge and expressly agree that You are responsible for
Your own conduct while using the Original Code, and for any consequences
thereof. You agree to use the Original Code only for purposes that are
legal, proper and in accordance with the terms and conditions set forth
in this License and any applicable laws or regulations.

3.2 You acknowledge and expressly agree that You shall not, and shall
not allow any third party to:

> \(i\) distribute software viruses, worms, Trojan horses, corrupted
> files, or any other malware or any other items of a destructive or
> deceptive nature;
>
> \(ii\) cause damage or failure to any telecommunications or computer
> services, systems, equipment, or software operated or provided by any
> third party;
>
> \(iii\) use the Original Code to violate the legal rights of others;
>
> \(iv\) engage in, promote, or encourage illegal activity; or
>
> \(v\) violate any applicable laws and regulations.

**4. Disclaimer of Warranty**

The Original Code is provided under this License on an "as is" basis and
without warranty, either express or implied, including, without
limitation, the warranties of non-infringement, merchantability, or
fitness for a particular purpose. The entire risk as to the quality of
the Original Code is with You. This disclaimer of warranty constitutes
an essential part of this License. No License to Original Code is
granted hereunder except under this disclaimer.

**5. Limitation of Liability**

Under no circumstances and under no legal theory, whether tort
(including negligence), contract, or otherwise, shall the Licensor be
liable to any person for any direct, indirect, special, incidental, or
consequential damages of any character arising as a result of this
License or the use of the Original Code including, without limitation,
damages for loss of goodwill, work stoppage, computer failure or
malfunction, or any and all other commercial damages or losses, even if
such person shall have been informed of the possibility of such damages.
This limitation of liability shall not apply to liability for death or
personal injury resulting from such party\'s negligence to the extent
applicable law prohibits such limitation. Some jurisdictions do not
allow the exclusion or limitation of incidental or consequential
damages, so this exclusion and limitation may not apply to You.

**6. Indemnification**

6.1 We reserve the right to investigate reported violations of this
License and to take any action we consider appropriate, including but
not limited to, initiating a lawsuit for the violation of the terms and
conditions of this Agreement, collaborate with law enforcement officials
for this purpose, and obtaining and disclosing any information necessary
or appropriate to such persons or entities.

6.2 You agree to indemnify and hold harmless the Licensor and its
officers, directors, employees, agents and affiliates (each deemed as
**"Indemnified Party"**), from and against any losses, claims, actions,
costs, damages, penalties, fines and expenses, including without
limitation, attorneys' fees and expenses, that may be incurred by an
Indemnified Party arising out of, relating to or resulting from your
misuse of the Original Code; Your breach of the terms and conditions of
this License, or your violation of any applicable laws, rules or
regulations related to the use of the Original Code.

**7. Governing Law and Jurisdiction**

7.1 This License is governed by the laws of the Republic of Austria,
without giving effect to any principles that provide for the application
of the law of any other jurisdiction.

7.2 Any legal suit, action, or proceeding arising out of, or related to,
this License shall be instituted exclusively in the competent courts of
the Republic of Austria, although we retain the right to bring any suit,
action, or proceeding against You for breach of this License in Your
country of residence or any other relevant jurisdiction. You waive any
and all objections to the exercise of jurisdiction over You by such
courts and venue in such courts.

**8. Miscellaneous**

8.1 This Agreement represents the complete agreement concerning the
subject matter hereof. If any provision of this License is held to be
unenforceable or invalid, such provision shall be reformed only to the
extent necessary to make it enforceable and valid, and the
unenforceability and invalidity of such provision shall not affect the
enforceability and validity of the remaining provisions of this
Agreement.

8.2 No waiver by us of any term or condition set out in this License
shall be deemed a further or continuing waiver of such term or condition
or a waiver of any other term or condition, and any failure of Licensor
to assert a right or provision under this License shall not constitute a
waiver of such right or provision.

8.3 Permission is hereby granted to copy and distribute this Agreement
without modification. This Agreement may not be modified without the
express written permission of its copyright owner.
