CKFinder License Agreement

Version 2.0, September 2011

================

http://ckfinder.com

Copyright (C) 2007-2012, CKSource - Frederico Knabben. All rights reserved.



This document ("Agreement") is a legal agreement between You, either an

individual or a Legal Entity, and CKSource – Frederico Knabben ("CKSource"),

running business activity pursuant to registration by the President of the

Capital City of Warsaw under no. 429043, covering Your permissions to use,

reproduce, and distribute the Software under the License terms defined hereby.



1. Definitions



"Agreement Name" shall mean the name used to reference this Agreement in any

context, which is "CKFinder License Agreement 2.0".



"Software" or "CKFinder" shall mean the copyrighted material owned by CKSource,

subject to the terms of this License. The Software is publicly, uniquely,

and in its entirety recognizable by the 'CKFinder' name ("Software Name").



"Software Release" or "Release" shall mean a set of files distributed by CKSource,

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 the combination of both.



"Release Date" shall mean the day that CKSource started distributing a Release.



"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.



"Development Server" shall mean a computer with one or more computer central

processing units (CPU's) that operates for the exclusive purpose of software

development or software testing.



"Development Activity" shall mean the act of interacting with the Software or one

of its Releases, in any number of Products owned or produced by You, with the

intent of installation, customization, configuration, testing, documentation,

or any other software development activity related to the Software.



"Developer Person" shall mean an authorized person designated by You to perform

Development Activities.



"Production Website" shall mean a Product with the Software installed, which

already had Development Activities performed, and that has been delivered to

end-users for production usage. Maintenance activities performed on Production

Websites, excluding software development activities related to the Software,

are not considered Development Activities.



"Hostname" shall mean a unique name by which a website is reachable in a network.

This includes, but is not limited to, a website IP address. (For example, if a

website is reachable by the Internet address "http://www.example.com/", the

Hostname is "www.example.com".)



"Legal Entity" shall mean the union of the acting entity and all other entities

that control, are controlled by, or are under common control with 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.



"You" (or "Your") shall mean an individual or a Legal Entity exercising

permissions granted by the License and accepting this Agreement.



2. Grant of License



Subject to the terms of this Agreement, CKSource hereby grants to You, in one

of the License Models described in Section 4, 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 CKSource, your use, installation, copying, or distribution of

CKFinder indicates your acceptance of this License.



3. Scope of License



All rights of any kind to CKFinder which are not expressly granted in this

Agreement are entirely and exclusively reserved to and by CKSource. CKFinder is

protected by applicable national and international laws and treaties.



You may use, install, copy, and distribute CKFinder solely as expressly provided

in this Agreement. You may not rent, lease, loan, sublicense, reverse engineer,

decompile, disassemble, or create derivative works based on the Software, in

whole or in part, nor permit anyone else to do so.



It is agreed that in exchange for the license set forth herein, you will pay a

license fee ("License Fee"). The fee value will be specified by CKSource at the

moment of the purchase.



4. License Models



CKFinder may be assembled with the Product and redistributed in respect of one

and only one of the following models ("License Models") of Your choice:



a) ("Website") Assembling the Software into a Product distributed as a single

website ("Site"). The Site URL ("URL") must be specified at the moment of the

purchase. The license will not be valid for sub-domains of the specified URL.

This license includes 5 Developer licenses that cover Development Activities

exclusively related to the Site.



b) ("Corporate Websites") Assembling the Software with any number of Sites owned

or produced by You. Sites produced by third parties with Software produced by

You are not included in this License Model. This license includes 10 Developer

licenses.



c) ("OEM") Assembling the Software with a single Product. The Product name must

be specified at the moment of the purchase. This license includes 5 Developer

licenses that cover Development Activities exclusively related to the Product.



d) ("Developer") License valid for a single Developer Person to be able to

perform Development Activities.



A valid Developer license is required for every single Developer Person.

Developer licenses cannot be shared among different Developer Persons.

Non Development Activities on Production Websites do not require Developer

licenses.



License Fees values may differ depending on the license model.



5. Unlicensed Copies



If you did not pay for a license, you may use unlicensed copies of CKFinder

for the exclusive purpose of demonstration. In this case you will be using

CKFinder in the "demo mode". Without derogating from the forgoing, you may not

use CKFinder in the "demo mode" for commercial purposes. CKFinder shall only be

used for evaluation purposes and may not be used or disclosed for any other

purposes, including without limitation, or for external distribution.

You may not remove demo notices from the interface nor disable the ability to

display such notices or otherwise modify CKFinder. Product support, if any,

is not offered for CKFinder in the "demo mode".



6. Agreement Acceptance



This Agreement is automatically accepted by both parties as long as You are

in possession of legal evidence ("Legal Evidence") that the acceptance has

taken place. The Legal Evidence can be represented by (i) an agreement signed

by You and CKSource stating the acceptance of this Agreement or (ii) a valid

purchase invoice, or fully paid order confirmation, provided by CKSource and

addressed to You. The Legal Evidence must precisely indicate this Agreement Name,

the Software Name, the License Model You have chosen, and the following

restrictive information, if applicable:



a) If You have chosen the Website License Model, the Site Hostname must be

indicated in the Legal Evidence. This Agreement will be valid for the Software

assembled with the Site publicized under the Site Hostname only. Other Sites

are excluded from this Agreement as long as a Legal Evidence is not produced

for each of these Sites.



b) If You have chosen the OEM License Model, the unique and well recognizable

name of Your Product ("Product Name") must be indicated in the Legal Evidence.

This Agreement will be valid for the Software assembled with the Product

recognizable by the Product Name at the moment of the purchase. This Agreement

does not lose its validity in the case the Product is renamed after the Legal

Evidence production.



Legal Evidences may define further rights and limitation terms that are not

described in this Agreement. Any term present in the Agreement that goes in

conflict with the Legal Evidence terms is to be deleted or amended.



Legal Evidences for different combinations of License Models, Sites, and

Products will not restrict each other and will not interfere in the rights

granted to You by each of them.



Legal Evidences for the Website or OEM License Models are not transferable

to different Sites or Products.



7. Limitation on Releases



This agreement is valid for all Releases of the Software that have the Release

Date happening before the day calculated by adding 365 days to the date the

Legal Evidence has been made effective. CKSource has no obligation to provide

you any Release that is not released for general distribution to other

CKSource's licensees. Nothing in this Agreement shall be construed to obligate

CKSource to provide additional Releases to You under any circumstances.



8. Support



CKSource shall provide support for Developer Persons covered by valid Developer

licenses for the period of 365 days following the day the Legal Evidence has

been made effective. Support shall be limited to electronic messaging access.



CKSource shall keep You informed, either per CKSource 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. Electronic

messaging access shall be limited to Development Activities regarding problem

solving, bug reporting, documentation clarification, and technical guidance

(each a "Support Request"). CKSource is not in any way obliged to perform bug

fixing or custom development activities as a result of a Support Request.



9. License Key



Following a valid License purchase, a unique license key (the "License Key")

may be provided to You, which allows for the activation of the Software.

The License Key is subject to the restrictions set forth in this License and

may not be disclosed or distributed in any way. The disclosure or distribution

of the License Key shall constitute a breach of this License, the effect of

which shall be the automatic termination and revocation of any and all the

rights granted herein.



A single License Key may be issued for Licenses under the Developer License

Model, which shall be installed on Development Servers only and will be valid

for the number of Developers specified during the license purchase. Further

License Keys for the Developer License Model may be issued to you, which will

enlarge the allowed number of Developers performing Development Activities on

Development Servers that already have the Software installed and activated by

any of the Developer Licenses You have purchased before.



10. Source Code



The original source code ("Source Code") of CKFinder may be distributed by

CKSource alongside with the executable version of it, or as integral part of it.

You may modify and compile the Source Code. The Source Code or its modified

version can be copied and distributed exclusively in respect to the scope of

this license, as defined in the "License Model" terms of this license, as long

as a valid license has been purchased for the distribution target. CKSource

retains all rights over the Source Code and all parts of it present in modified

versions of it. Redistributions of the Source Code and modified versions of it

must contain the original headers and copyright notices. Modifications to the

Source Code must be explicitly and entirely identified in the Source Code files.

This section of the license supersedes all modification restrictions imposed by

other sections of it. You are not allowed to remove copyright notices nor make

changes to license validation code present in the Source Code.



11. Reservation of Rights and Ownership



CKSource reserves all rights not expressly granted to You in this Agreement.

The Software is protected by copyright and other intellectual property laws and

treaties. CKSource 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 trademarks or service the Software marks.



12. Termination



Without prejudice to any other rights, this Agreement automatically terminates

if you fail to comply with the terms and conditions of this Agreement. You may

terminate this Agreement at any time without cause. In case of termination,

in any circumstance, payments issued by You will not be reimbursed.



13. Warranty



CKSource warrants that it has full title and ownership to the Software and has

the authority to grant the license hereunder. To the best of CKSource's

knowledge the Software does not infringe upon the intellectual property rights

of any third party and that CKSource did not receive any notice regarding any

alleged infringement thereof.



14. Disclaimer of Warranties



With the exclusion of warranties explicitly mentioned in Section 12, the

Software and its related material are provided "AS IS" and without warranty of

any kind. CKSource expressly disclaims all other warranties, expressed or

implied, including, but not limited to, the implied warranties of

merchantability and fitness for a particular purpose.



15. Exclusion of Incidental, Consequential and Certain Other Damages



TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CKSOURCE

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.



16. Limitation of Liability



In no event shall CKSource's liability exceed the license fee paid, if any.



17. Governing Law and Venue



This Agreement shall be construed and controlled by the laws of Poland, and You

and CKSource further consent to exclusive jurisdiction by the courts of Poland.



"CKSource"

CKSource Frederico Knabben

By:

Name: Frederico Knabben

Title: CEO

