Essential Kaos Open source License

Version: 1.0 — May 10, 2013.

Please read this License Agreement carefully before downloading this software. By downloading or using this software, you are agreeing to be bound by the terms of this License. If you do not or cannot agree to the terms of this License, please do not download or use the software.

This License Agreement (hereinafter — the "License") defines the terms and conditions of use of the Source and Object forms of the products produced by the Essential Kaos Ltd. Company that are publicly available to any third parties.

This license extends and is applicable to any Source and Object form of the product of the Essential Kaos Ltd. Company (hereinafter — the "Licensor"), which are publicly available (open source) for download by any third party (hereinafter — the "Licensee") by the decision of the Licensor.

1. TERMS USED IN THE LICENSE

For the purposes of this License the following terms are used in the following meaning:

1.1 Product — any result of intellectual activity, produced by the implementation of the Source and/or Object form, in particular, but not limited to, software (computer programs), audio and video records, images, texts, etc.

1.2 Source form of the product — the form, preferred for making modifications to the Product, including, but not limited to, source code, source file documentation, configuration and installation files, etc., initially provided by the Licensor.

1.3 Object form of the product — the result of automatic (computer, hardware and technical) transformation or translation of the Source form of the Product, including but not limited to, source code compiled into object code, generated documentation, and other kinds of media files (resources), initially provided by the Licensor.

1.4 Licensor — the Essential Kaos company, holding the exclusive (property) rights to collectively all Source and/or Object forms of products, published on the official website of Licensor, and to each of them individually.

1.5 Licensee — any individual, sole proprietorship, legal entity or other entity legally capable in accordance with the provisions of the applicable law, who downloads and uses the Source and/or Object form of the product.

1.6 Official Website of the Licensor — web site located on the Internet under the essentialkaos.com domain name (domain address).

1.7 Modification of the Source or Object form of the Product — any addition, deletion, alteration of Source or Object form of the Product, the combination of source code with any other elements, etc.

The License may use terms not defined in this section. In these cases, the terms shall be interpreted in accordance with the text and the context of this License. In the absence of a clear interpretation of the term in the text of the License, the parties shall rely upon, firstly, the interpretations used on the Official Website of the Licensor, and secondly, the provisions of applicable law.

2. VALIDITY OF THE LICENSE

2.1 Full awareness of the conditions and provisions of this License is an indispensable condition for downloading and using the Source and/or Object form of the Product.

2.2 The download of the Source and/or Object form of the Product by the Licensee to its software and hardware device (with or without the use of their software and hardware devices) means the Licensee is fully aware of, accepts and agrees to, obligations to comply with and carry out the terms and conditions of this License. In case of disagreement with certain terms and conditions herein and/or inability to carry them out the Licensee must withdraw from the download and use of the Source and/or Object form of the Products.

2.3 This License is effective upon posting on the Official Website of the Licensor, subject to paragraph 1.4. of this License.

2.4 This License applies to Source and/or Object form of the Products, downloaded by the Licensee prior to publication of the License on the Official Website of the Licensor.

2.5 This License is valid for an indefinite period of time and shall cease to be valid on its annulment by the Licensor.

2.6 The Licensor has the right to change the text of the License at his sole discretion. In case of such changes to the License text, they come into force from the moment of publication of the new edition of the Lcense on the official Website of the Licensor, unless otherwise defined at the publication.

2.7 The Licensee undertakes to monitor the changes in the provisions of this License, and bears the responsibility and risk of the potential negative consequences resulting from non-compliance with this obligation.

2.8 If the Licensee does not agree with the changes in the text of the License and/or fails to carry out the terms of the new License edition, the Licensee must withdraw from downloading and stop using the Source and/or Object form of the Product. Otherwise, the Licensee’s continued use of the Source and/or Object form of the Product means the Licensee agrees to the terms of the new License edition and is capable of fully complying with them.

2.9 The Licensor shall have the right at any time to unilaterally terminate this License. Upon termination of this License, the Licensee is obliged to cease all use of the Source and/or Object form of the Product.

2.10 The current version of the License can be permanently found on the official Website of the Licensor at: essentialkaos.com/ekol.

3. PERMITTED USE

The basic principle of download and use of the Source and/or Object form of the Product is the use of the Source and/or Object form of the Product exclusively for personal (internal, intra-corporate) purposes.

The Licensor hereby gives any Licensee, regardless of location and country of residence the right to download at no charge (for free) the Source and/or Object form of the Product and use it under a simple (non-exclusive) license in the following ways, and in the following amounts:

3.1 Use of the Source and/or Object form of the Product by any means and for any purposes (both non-commercial and commercial), not prohibited by applicable law, solely for the personal benefit, subject to the limitations set out in this License, including but not limited to, reproduction demonstration, implementation of the Source and/or Object form of the Product.

3.2 The modification of the Source and/or Object form of the Product and the use of modified Source and/or Object form solely for the Licensee’s personal (commercial or non-commercial) purposes. In the event that the modification of the Source and/or Object form of the Product requires the consent of a third party (including the cases of using the objects of the person in question for modifying the Source and/or Object form of the Product), the Licensee must independently obtain such consent from the party.

3.3 The inclusion (incorporation) of the Source and/or Object form of the Product into a larger product, preserving the validity of terms of this License with respect to the Source and/or Object form of the Product, incorporated in the larger product. The Licensee shall ensure that this License is enclosed to each of the Source and/or Object form of the Product that is included in the larger product with the obligatory indication of the name of Licensor - Essential Kaos Ltd. Company. The Licensor shall also ensure the binding power of this License in the larger product, into which the Source and/or Object form of the Product is included.

3.4 The right to distribute to third parties the Source and/or Object forms of the Product on a non-profit (free, no-charge) basis.

This License does not grant Licensee any rights in any part to use the trademarks, logos, commercial symbols, service marks owned by the Licensor on legal grounds and in accordance with the provisions of applicable law, except when otherwise stipulated by the Licensor.

4. RESTRICTIONS AND LIMITATIONS

The licensor is constantly striving to improve and enhance the quality of the Source and Object forms for their most optimal and productive use by the Licensee.

In connection with the aforesaid, in order to maintain the quality of the Source and Object forms of the product and to prevent it from decreasing the following requirements and restrictions are applied when downloading and using the Source and Object forms of the product:

4.1 It is prohibited to distribute to third parties the modified Source and/or Object forms of the product in any ways and in any volume, including both on commercial (paid, reimbursable) and non-commercial (free, no-charge) basis. In some cases, determined at the discretion and by the decision of the Licensor, the Licensee shall be entitled to distribute the Source and/or Object forms of the products, but only with the Licensor’s written permission.

4.2 It is prohibited to distribute to third parties the Source and/or Object forms of the product on a commercial (paid, reimbursable) basis.

5. WARRANTY DISCLAIMER

5.1 The Licensor is committed to providing the highest quality of the Source and Object forms of product, constantly improving them, and to the possible extent eliminating various errors, malfunctions and defects that occur when downloading and using the Source and Object forms of the Product.

5.2 The Source and Object forms of the product are available to Licensee on an "as is" basis, without any guarantees of suitability of the Source or Object form for a particular purpose, or for the general use of the Source or Object form of the product.

5.3 The Licensor disclaims all warranties and obligations to ensure the absence of any errors, faults, defects, etc., arising when downloading and using the Source and Object forms of the product, as well as modifications of the Source and Object forms of the product and/or using the modified Source and Object forms of the product.

5.4 Nothing in this License shall act as a guarantee or obligation of the Licensor to ensure uninterrupted or error-free operation of the Source and/or Object forms of the product. In connection therewith, the Licensor shall be exempt from any liability for any errors, malfunctions, defects, etc., occurring during the download and use of the Source and Object forms of product, as well as modifications of the Source and Object forms of product and/or the use of the modified Source and Object forms of the product.

5.5 The Licensor does not assume any obligation to eliminate errors, malfunctions and defects, identified by the Licensee when downloading and using the Source and Object forms of the product, as well as modifications of the Source and Object forms of the product and/or using the modified Source and Object forms of the product.

5.6 Source and/or Object forms of the product are available for download from the official Website of the Licensor in the condition, in which they are at present.

5.7 The Licensee hereby confirms that he understands and accepts all risks and adverse consequences associated with downloading and using the Source and/or Object forms of the product, as well as modifying the Source and/or Object forms of the product and/or using the modified Source and/or Object forms of the product, including, but not limited to, the loss of any data, any malfunction or damage to the software and hardware of the Licensee.

6. LIMITATION OF LIABILITY

6.1 The Licensor shall not be liable for incidental, direct or consequential loss (damage, lost profits, etc.) incurred by third parties as a result of the implementation and execution of this License.

6.2 The Licensor shall not be liable for any failure or temporary unavailability of the download and use of the Object or Source form of the product.

6.3 The Licensor shall not be liable for any tort of Licensee, the Licensee's breach of warranty and violation of civil and constitutional rights of third parties.

6.4 In any case, if the applicable law defines the necessity for the Licensor to bear responsibility for the Licensee under this License, the Licensor's liability is limited to the amount of 100 USD.

7. INTELLECTUAL PROPERTY RIGHTS TO THE SOURCE AND OBJECT FORMS OF THE PRODUCT

The Source and Object forms of the product have the potential and real value for the implementation of activities by individuals and legal entities.

7.1 The Licensor hereby confirms that he has the exclusive (property) rights to collectively all Source and/or Object forms of the product, available for download on the official Website of the Licensor, and to each of them individually.

7.2 The Licensor acknowledges that the placement of the Source and Object forms of the product on the website for download and use does not infringe the intellectual property rights of third parties. The exclusive rights of the Licensor to the Source and/or Object forms of the product are supported by the relevant permissions and consents of, or written agreements with, authors of the Source and Object forms of the product.

7.3 This License does not mean alienation to any third party, including the Licensee, of the exclusive (property) rights of the Licensor to the Source or Object forms of the product. The exclusive (property) rights to the Source or Object forms of the product are fully retained by the Licensor.

8. DISPUTE RESOLUTION

8.1 Any disputes arising from the execution of this License and downloading and using the Source and Object forms of the product, as well as modifying the Source and Object forms of the product and/or using the modified Source and Object forms of the product, shall be settled in the court at the Licensor’s location.

8.2 If the court recognizes any provision of this License as invalid, the rest of this License shall remain unchanged, and the invalid provision shall be amended in accordance with applicable law.

8.3 Conditions not covered by this License shall be settled in accordance with the law, applicable in the country of the Licensor’s registration.