(a) “Derivative Work” shall mean a work that is based on one or more preexisting works, such as a revision, enhancement, modification, translation, abridgement, condensation, expansion, or any other form in which such preexisting works may be recast, transformed, or adapted, and that, if prepared without authorization of the owner in the copyright in such preexisting work, would constitute a copyright infringement, and specifically shall include any compilation that incorporates such a preexisting work.
(b) “Services” shall mean Ionic’s data protection and access control platform and related services provided by Ionic in the ordinary business course.
(c) “Software” means the application programming interfaces that enable You or Your applications to interface, interoperate or interconnect with the Services, or other original works of authorship, whether in source or object code form, that are made available under this License by including in or with such work either (i) a copyright notice referencing the applicability of this License, or (ii) a copy of this License.
(d) “You” means any individual or corporation, partnership, limited liability company, trust, association or other entity or organization, including any governmental or political subdivision or any agency or instrumentality thereof, exercising rights or permissions granted by this License.
(a) Subject to the terms and conditions of this License, Ionic grants to You a perpetual, worldwide, non-exclusive, royalty-free, copyright license to prepare Derivative Works of, reproduce, publicly display, publicly perform, sublicense and distribute the Software and any resulting Derivative Works in any form.
(b) Subject to the terms and conditions of this License, Ionic grants to You a perpetual, worldwide, non-exclusive, royalty-free patent license to make, have made, use, sell, offer for sale, import, and otherwise transfer its Software licensed under this License, in whole or in part. The foregoing license applies only to the patent claims that would be infringed by Ionic’s Software individually and expressly excludes any combinations with any other materials or technology.
(c) There is no license fee for the Software.
(a) Redistribution. You may reproduce or distribute the Software only if You (i) do so pursuant to this License, (b) include a complete copy of this License with Your distribution, and (c) retain without modification any copyright, patent, trademark, or other notices that are present in the Software.
(b) Derivative Works. You may specify that additional or different license or othere terms apply to the use, reproduction, and distribution of your Derivative Works provided that (i) Your terms provide do not supersede, replace or modify the redistribution rights set forth in Section 3(a) above, (ii) Your terms provide that the use limitation in Section 3(c) below applies, and (iii) You identify the specific Derivative Works that are subject to Your terms.
(c) Use Limitation. The Software and any Derivative Works may be used or intended for use only with the Services, platforms applications provided by Ionic or its affiliates.
(d) Trademarks. This License does not grant any rights to use any of Ionic’s or its affiliates’ names, logos, or trademarks, except as necessary to reproduce the notices and legends as set forth in this License.
(e) Termination. If You violate any term of this License, then Your rights under this License will terminate immediately. In addition, if You bring or threaten to bring a patent claim against Ionic to enforce any patents that you allege are infringed by the Software, then your rights under this License may be terminated immediately by Ionic.
THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT ANY WARRANTY WHAT¬SO¬EVER, AND THIS LICENSE EXCLUDES, AND IONIC SPECIFICALLY DISCLAIMS, ALL EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANT¬ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU BEAR THE RISK OF UNDERTAKING ANY ACTIVITIES UNDER THIS LICENSE.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL IONIC BE LIABLE UNDER ANY CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR LOSS OR CORRUP¬TION OF DATA, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUP¬TION, LOSSES RESULTING FROM SYSTEM SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMA¬TION, SYSTEM INCOMPATIBILITY OR PROVIDING INCORRECT COMPATIBILITY INFORMATION, OR SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING FROM THE LICENSING, FURNISHING, PERFOR¬MANCE OR USE OF THE LICENSED TECHNOLOGY, EVEN IF IONIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
This License constitutes the complete and exclusive statement of the agreement among the parties hereto concerning the subject matter hereof. It supersedes all prior written and oral statements, including any prior representation, statement, condition or warranty.
This Agreement will be governed by, and construed in accordance with the laws of the State of Georgia, U.S.A.
Effective Date: November 3, 2017