Software Agreement

This Agreement (the “Agreement”) is a legal agreement between You, either an individual or a Legal Entity, and the CSIRT Gadgets Foundation ("the Foundation"), a not-for-profit organization incorporated in Delaware, covering Your permissions to use, reproduce, and distribute works solely created and owned by the Foundation (the "Software") under the License terms defined hereby.

This Agreement is governed by the execution of a Membership Agreement ("Membership Agreement") between You and The Foundation. The Membership Agreement supersedes this Agreement.

1. Definitions.

“Software” shall mean the copyrighted material owned and/or generated by the the Foundation, subject to the terms of this License.

“Software Release” or “Release” shall mean a set of files distributed by the Foundation or anyone authorized to distribute it, that represents the Software. A Release is uniquely identified by the Software Name and a code. Such code is generally referenced as the Software version or revision number, or a combination of both.

“Product” shall mean a single computer program or one or more websites (“Program”) (i) owned by You, or (ii) to which the owner grants You the permission to act in behalf of the owner for the purposes of this Agreement. A Program family or a group of Programs does not constitute a Product for the scope of this Agreement. A Program that goes in competition with the Software in the marketplace does not constitute a valid Product for the scope of this Agreement.

“Legal Entity” shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control of that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

“LGPL” shall mean the document publicly recognized as the GNU Lesser General Public License, Version 3.0. The full text of the LGPL is available at http://www.gnu.org/licenses/lgpl-3.0.txt.

"Packaged Software License" shall mean the document recognized as the default LICENSE within a copyrighted work. By default, all works created or owned by the Foundation are LICENSED under version 3.0 of the LGPL.

"Contribution Agreement" shall refer to the agreement governing contributions made to the Foundation. This means any Code, designs, templates, methods, ideas, inventions, written materials, software, source code, object code, technologies or anything else sent by You to the Foundation. The full text of this agreement can be found at csirtgadgets.org/legal/contributions.

“You” (or “Your”) shall mean an individual or a Legal Entity exercising permissions granted by the License and accepting this Agreement.

"Membership Agreement" shall make reference to the Membership Agreement signed between "You" and the Foundation which governs this Agreement.

2. Grant of License.

Subject to the terms and conditions each of the Packaged Software Licenses and this Agreement for works created or owned by the Foundation, the Foundation hereby grants You a non-exclusive, perpetual, irrevocable, royalty free, worldwide license (“License”) to use, reproduce, modify, and distribute a Software Release in a collective work assembled with the Product.

You should carefully read the following terms and conditions before using, installing, copying, or distributing the Software. Unless otherwise agreed in writing by the Foundation, your use, installation, copying, or distribution of the Software indicates your acceptance of this License.

3. Conflict between the LGPL and this Agreement.

Any term or condition expressed in the Packaged Software License, which conflicts with the terms of this Agreement, are to be deleted, prevailing the later over the former.

4. Scope of License.

All rights of any kind to the Software, which are not expressly granted in this Agreement, are entirely and exclusively reserved to and by the Foundation. The Software is protected by applicable national and international laws and treaties.

You may use, install, copy, and distribute the Software solely as provided in this Agreement. You may not rent, lease, loan, sublicense the Software in whole or in part, nor permit anyone else to do so, unless an additional license is available for such scope.

This Agreement does not apply to works contributed to but not solely owned by The Foundation. A complete list of Foundation owned works can be found at csirtgadgets.org/projects.

5. Agreement Acceptance.

This Agreement is automatically accepted by both parties upon execution of the Membership Agreement between You and The Foundation. The signed Membership Agreement represents a legal evidence ("Legal Evidence") that the acceptance of this Agreement has taken place.

Legal Evidences are not transferable.

As part of this Agreement You implicitly accept the Foundation's "Contribution Agreement" which can be found as part of this agreement package or by visiting: csirtgadgets.org/legal

6. Support.

Support shall be limited to electronic messaging access. The Foundation shall keep You informed, either per "Release" readiness or by following your request, including changes to it, about the rules and procedures that You must perform to enjoy support under the terms of this Agreement. Support topics shall be limited to the following (each a “Support Request”):

a) problem solving, b) bug reporting, c) and documentation clarification.

The number of Support Requests that the Foundation is entitled to accept from You is limited to 5 per month.

The Foundation is not in any way obliged to perform bug fixing or custom development activities as a result of a Support Request.

The Foundation may refuse Support Requests that exceed these limits but will provide a best-effort to accommodate the success of it's membership.

7. Exclusions from this License Grant.

Nothing in this Agreement shall be interpreted to prohibit the Foundation from licensing the Software under terms different from the LGPL or this Agreement. No other promises and rights are conceded by the Foundation other than those expressly under this Agreement.

8. Reservation of Rights and Ownership.

The Foundation reserves all rights not expressly granted to You in this Agreement. The Software is protected by copyright and other intellectual property laws and treaties. The Foundation owns the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. This Agreement does not grant you any rights to the Software’s trademarks or services unless otherwise defined by the Membership Agreement.

9. Termination.

This Agreement automatically terminates if You fail to comply with the terms and conditions of this Agreement or Your Membership Agreement.

You shall immediately discontinue distribution of Product, assembled with the Software, upon expiration or termination of this Agreement in accordance with Your membership status to the Foundation.

10. Warranty.

The Foundation warrants that it has full title and ownership to the Software and has the authority to grant the license hereunder. To the best of the Foundation’s knowledge the Software does not infringe upon the intellectual property rights of any third party and that the Foundation did not receive any notice regarding any alleged infringement thereof.

11. Disclaimer of Warranties.

With the exclusion of warranties explicitly mentioned in Section 10, the Software and its related material are provided “AS IS” and without warranty of any kind. The Foundation expressly disclaims all other warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

12. Exclusion of Incidental, Consequential and Certain Other Damages.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE FOUNDATION BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, AND EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

END OF AGREEMENT TERMS