Propeller Pro Developer License

Last Modified: June 11, 2018

Propeller Pro is a commercial extension to the Propeller library and is built on the foundation provided by the Bootstrap 4 library and Google Material Design Standards by widely extending its functionality to speed up development.

Solo License

The Propeller Pro Solo license enables Licensee, to include the library in one project developed by him(her) which may be sold and distributed. At no time may the Library be used for development purposes by other individuals than the licensed developer(s).

Starter License

The Propeller Pro Starter license enables Licensee, to include the library in up to 5 projects developed by the startup which may be sold and distributed. At no time may the Library be used for development purposes by other individuals than the licensed developer(s).

Team License

The Propeller Pro Team license enables Licensee, to include the library in up to 10 projects developed by the team which may be sold and distributed. At no time may the Library be used for development purposes by other individuals than the licensed developer(s).

Enterprise License

The Propeller Pro Enterprise license enables Licensee, to include the library in unlimited projects developed by the company which may be sold and distributed. At no time may the Library be used for development purposes by other individuals than the licensed developer(s).

1. Preamble:

This Agreement governs the relationship between You (hereinafter: Licensee) and DigiCorp Information Systems Pvt Ltd, a duly registered company in whose principal place of business in Ahmedabad, India (hereinafter: Licensor). This Agreement sets the terms, rights, restrictions, and obligations on using Propeller Pro  Library (hereinafter: Software) created and owned by Licensor, as detailed herein.

2. License Grant:

Licensor hereby grants Licensee a non-assignable & non-transferable, perpetual, royalty-free, non-exclusive license, all in accordance with the terms set forth.

  1. Licensee may use Software as follows:
    • For revision, adaption, or derivative (hereinafter: Modification) and integration into one 3rd party software (hereinafter: Application) being created by one licensed developer — that person being yourself the Licensee, an employee, consultant, or contractor providing services to Licensee;
    • Distributing Software and/or Modifications as integrated into Application to an unlimited number of users (hereinafter: Users) solely for their own use and not for redistribution, or resale, and only derivatives that are possible through the modification of Application’s source code, but not that of Software’s source code;
  2. Licensee may NOT use Software as follows:
    • To further sell the Software directly as a commercial offering in part or whole.
  3. This license is granted perpetually, as long as you do not materially breach it.
  4. Non-Assignable & Non-Transferable: Licensee may not assign or transfer rights and duties under this license.
  5. Royalty Free: Licensee may use Software without any royalties
  6. With Attribution Requirements:
    • You must not remove any copyright, attribution, or other written notices from the source code of Propeller Pro Libraries
    • Additional non-source-code materials containing copyright, attribution, and other written notices should be distributed with Software as-is.
  7. With Responsibility:
    • When distributing Software, Modification, and/or Application, Licensee is responsible for ensuring its use, whether by Licensee or Users, remain under the terms of this license herein.

3. Term & Termination:

The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee:

  1. became insolvent or otherwise entered into any liquidation process; or
  2. exported Software to any jurisdiction where licensor may not enforce his rights under this agreement in; or
  3. The licensee was in breach of any of this license  terms and conditions and such breach was not cured, immediately upon notification; or
  4. The licensee in breach of any of the terms of clause 2 to this license; or
  5. Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under this License.

4. Add-Ons, Upgrades, Updates, and Fixes:

Licensor may provide Licensee, from time to time, with Updates or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants to keep Software up-to-date and install all relevant add-ons, updates, and fixes, and may, at his sole discretion, purchase add-ons and/or upgrades, according to the rates set by Licensor. Licensor shall provide any update or Fix free of charge for 1 year from the date of purchase; however, nothing in this Agreement shall require Licensor to provide Updates or Fixes.

  1. Updates: for the purpose of this license, an update shall be a minor amendment in Software, which may contain new features or minor improvements and shall be marked as a new sub-version number. For this particular license, the Licensee will get necessary updates till 1 year from the date of purchase.
  2. Fix: for the purpose of this license, a fix shall be a minor amendment in Software, intended to remove bugs or alter minor features which impair the Software’s functionality. A fix shall be marked as a new sub-sub-version number. For this particular license, the Licensee will get necessary fixes till 1 year from the date of purchase.
  3. Support: Under this license, the Licensee will get support within 72 hours of the initial request or 48 hours in case of Propeller Pro Enterprise Plan. The Licensee will get support for 1 year from the date of purchase.

5. Bug Notification:

Licensee may provide Licensor of details regarding any bug, defect or failure in Software promptly and with no delay from such event; Licensee shall comply with Licensor’s request for information regarding bugs, defects or failures and furnish him with information, screenshots and try to reproduce such bugs, defects or failures.

6. Feature Request:

Licensee may request additional features in Software but that would be charged additionally. Also, (i) Licensee shall waive any claim or right in such feature should feature be developed by Licensor; (ii) Licensee shall be prohibited from developing the feature, or disclose such feature request, or feature, to any 3rd party directly competing with Licensor or any 3rd party which may be, following the development of such feature, in direct competition with Licensor; (iii) Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right; and (iv) Licensee developed, envisioned or created the feature solely by himself.

7. Liability:

To the extent permitted under Law, The Software is provided on an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of Software’s actions, failure, bugs and/or any other interaction between Software and Licensee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on Software or using Software’s source code.

8. Warranty:

  1. Intellectual Property: Licensor hereby warrants that Software does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.
  2. No-Warranty: Software is provided without any warranty; Licensor hereby disclaims any warranty that Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that Software shall be functional. The licensee shall be solely liable for any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running Software.
  3. Prior Inspection: Licensee hereby states that he inspected Software thoroughly and found it satisfactory and adequate to his needs, that it does not interfere with his regular operation and that it does meet the standards and scope of his computer systems and architecture. The licensee found that Software interacts with his development, website and server environment and that it does not infringe any of End User License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any claims regarding Software incompatibility, performance, results and features, and warrants that he inspected Software.

9. No Refunds:

Licensee warrants that he inspected Software according to clause 8.3 and that it is adequate to his needs. Licensee cannot request any refund for the purchase.

10. Indemnification:

  1. Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of Software in means that violate, breach or otherwise circumvent this license, Licensor’s intellectual property rights or Licensor’s title in Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.
  2. When redistributing Software or Modifications as part of Application, should Licensee offer support, warranty, indemnity, or other liability obligations and/or rights consistent with this license, Licensee may act only on Licensee’s behalf and sole responsibility, and not on behalf of the Licensor.
  3. Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.

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