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Keystone License



Keystone Licensing Agreement

Keystone Licensing Agreement

©2006 Stonekeep Consulting, Inc

28 Village Lane

Berlin, MA 01503

http://www.stonekeep.com/license.html



DEFINITIONS

  • The Software

    Refers to the software package known previously as "Keystone", currently being
    distributed as 'Keystone2'. Included in this are all source code files within
    the distribution, all structure files, all graphic images, and all documentation.

  • Supporting Software

    Refers to the packages, not written by Stonekeep Consulting, that are used to make
    the software functional. This includes, but is not limited to, the Apache web server, the
    PHP system, Perl, The MySQL database server, the MSQL database server, and the PostGres
    database server, etc.

  • The Author

    Refers to the author of The Software, Dave Belfer-Shevett (shevett@stonekeep.com)
    exclusively and/or the company representing the Author, Stonekeep Consulting, Inc.

  • The Licensee

    Refers to the individual or organization that wishes to use The Software
    for any purpose.

  • Active Users

    Refers to the number of active users. This is determined by the number of unique
    users who log into The Software on The Licensee's system within any given week.



TERMS

    Permission is hereby granted to the Licensee to use and/or distribute The Software
    under the following provisions:

  • The Licensee will retain all copyright information within The Software, and
    on display wherever The Software is installed. An example of a copyright line
    is (c)2006 Stonekeep Consulting, Inc

  • Any additions or modifications made to The Software are understood to not
    void this agreement in any way, without written authorization from The
    Author

  • Disabling or bypassing the intent or effect of either this license or
    license-enforcing code within The Software is prohibited.



COMMERCIAL LICENSING

    Commercial Licensing for The Software is available for several situations.
    Internal Use, Pay for Service usage, or resale usage.

  • Internal use

    An Internal Use License is applicable when the system has more than 10
    Active Users. (See DEFINITIONs for a definition of Active Users).

      Pricing for Internal Use
      1-9 Active Users No charge
      10-25 Active Users $500 / year
      26-100 Active Users $2000.00 / year
      100+ Active Users Contact Author
  • Pay for Service

    A Pay for Service license is applicable when The Licensee is charging for
    access to The Software by a userbase other than the Active Users. This may
    arise if The Software is set up as helpdesk software available to the customers
    as part of their service with The Licensees. This form of license ONLY applies
    if the users will be interacting with The Software directly (through email or
    through the web), not if the Active Users are using it for their own tracking
    only.

      Pricing for Pay For Service
      Up to 100 external users $250.00 / year
      100-500 external users $750.00 / year
      500+ external users Contact Author
  • Redistribution

    The Software may be licensed for redistribution under several circumstances.
    Note that these circumstances apply if ANY PART of The Software is resold,
    either as a standalone package, or as part of another system.

    • Public Download Availability

      The Software may be placed on a web server, ftp server, etc for public
      distribution at no charge to the Distributor, so long as the package remains
      intact, as distributed from www.stonekeep.com, and proper attribution is made
      to the author and the web site where the package came from.

    • For-Profit CDROMs

      The Software may be distributed on so called "Public Software" CDROM's, so long as the
      charge for said CDROM does not exceed $US 50.00. After that point, the license falls
      under 'Resale' conditions.

    • Resale

      The Licensee must compensate The Author upon resale of The Software at a cost of $50 per
      sale instance, or 5% of of the resale price, whichever is greater. A record of the sale,
      including to whom The Software was sold, and a copy of the sales order (or invoice, or
      purchase order, etc) must be forwarded to The Author within 90 days of the sale
      completion. Note that resale of The Software places no obligation upon The Author
      other than what is stated within this License Agreement.

    • Inclusion

      Elements of The Software may be included and distributed within another package
      ONLY with The Author's written consent. Cost of this type of licensing will be
      taken on an individual basis, and may be negotiated ONLY with The Author.



SOURCE CODE MODIFICATION

    The source code for The Software is (c)2006 Stonekeep Consulting, Inc. It may be
    modified for personal or internal use, so long as the original copyright
    statements remain in place within each file, as well as copyright markers in the
    public HTML, and the attribution in the pages where they are visible to the end
    user.



WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION.

    Licensee agrees that it shall comply with all applicable laws and
    regulations, including all U.S. and foreign export control laws or regulations.
    Licensee acknowledges that Software may be subject to regulation by agencies of
    the U.S. government, including the U.S. Department of Commerce, which prohibit
    export or diversion of certain products, technology and technical data to
    certain countries.

    STONEKEEP CONSULTING AND THE THIRD-PARTY LICENSORS PROVIDE THE SOFTWARE
    AND DOCUMENTATION
    "AS IS," AND WITHOUT WARRANTY OF ANY KIND (EXPRESS OR IMPLIED). STONEKEEP
    CONSULTING AND THE
    THIRD-PARTY LICENSORS MAKE NO, AND HEREBY EXPRESSLY DISCLAIM ANY, WARRANTY IN
    CONNECTION WITH THE SOFTWARE AND DOCUMENTATION, INCLUDING, WITHOUT LIMITATION,
    THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A
    PARTICULAR PURPOSE, OR ANY WARRANTY RELATING TO THE CONTINUOUS, UNINTERRUPTED,
    VIRUS-FREE, OR ERROR-FREE OPERATION OF THE SOFTWARE.

    UNDER NO CIRCUMSTANCES SHALL STONEKEEP CONSULTING BE LIABLE TO LICENSEE FOR
    ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
    ARISING FROM OR RELATING TO THE SOFTWARE, DOCUMENTATION, OR THE SUBJECT MATTER OF THIS
    AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY
    OTHER BASIS, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
    DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOST REVENUE, PROFIT, OR BUSINESS
    OPPORTUNITY; OR INTERRUPTION OF USE OR SERVICES.


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