Public Rights Licences
Shippysoft Source Available License (SSSAL)
This is a CONTRACT between you (either an individual or a single entity) and
ShippySoft, which covers your use of "[PRODUCTNAME]" and related software
components. All such software is referred to herein as the "Software
Product." A software license and a product key or serial number ("Software
Product License"), issued to a designated user only by ShippySoft or its
authorized agents, is required for each user of the Software Product. If you
do not agree to the terms of this EULA, then do not install or use the
Software Product or the Software Product License. By explicitly accepting
this End-User License Agreement (EULA) you are acknowledging and agreeing
to be bound by the following terms:
1. EVALUATION LICENSE WARNING
This Software Product can be used in conjunction with a free evaluation
Software Product License. If you are using such an evaluation Software
Product License, you may use the Software Product only to evaluate its
suitability for purchase. Evaluation Software has been limited in some way
either through timeouts, disabled save or restricted use. ShippySoft
BEARS NO LIABILITY FOR ANY DAMAGES RESULTING FROM USE (OR ATTEMPTED
USE AFTER EXPIRATION) OF THE SOFTWARE PRODUCT AND HAS NO DUTY TO PROVIDE
ANY SUPPORT BEFORE OR AFTER THE EXPIRATION DATE OF AN EVALUATION LICENSE.
2. GRANT OF NON-EXCLUSIVE LICENSE
ShippySoft grants the non-exclusive, non-transferable right for a
single user or household to use this Software Product. Each additional
user or household of the Software Product requires an additional Software
Product License. A household is defined as you, your spouse, and any
dependents living within your residence.
When the source code is provided with the Software Product, ShippySoft
grants you the right to modify, alter, improve, or enhance the Software
Product without limitation, except as described in this EULA.
Although rights to modification of the Software Product are granted by
this EULA, you may not tamper with, alter, or use the Software Product
in a way that disables, circumvents, or otherwise defeats its built-in
licensing verification and enforcement capabilities. The right to
modification of the Software Product also does not include the right
to remove or alter any trademark, logo, copyright or other proprietary
notice, legend, symbol or label in the Software Product.
Any modifications made to the Software Product will render it
non-supportable by ShippySoft. You may, at your discretion, submit
changes back to ShippySoft and if they are incorporated into the
Software Product then the changes will become supported by ShippySoft
and ownership of the patch is transferred to ShippySoft. You may
not distribute or redistribute changes made to the Software Product to
anyone other than ShippySoft.
Although the source code for the Software Product may be included, you may
not share, use, or reuse the knowledge or technologies in other applications
without explicit approval from ShippySoft.
You may make copies of the Software Product as is reasonably necessary for
its use. Each copy must reproduce all copyright and other proprietary
rights notices on or in the Software Product.
You may install each Software Product License on a single computer
system. A second installation of the same Software Product License may
be made on one other computer system, so long as both copies of the same
Software Product License never come into concurrent use. You may also make
copies of the Software Product License as necessary for backup and/or
archival purposes. Backup and archival copies may not come into active
use with the Software Product for any purpose. No other copies may be made.
Each copy must reproduce all copyright and other proprietary rights notices
on or in the Software Product License. You may not modify or create
derivative copies of the Software Product License.
All rights not expressly granted to you are retained by ShippySoft.
3. INTELLECTUAL PROPERTY RIGHTS RESERVED BY SHIPPYSOFT
The Software Product is owned by ShippySoft and is protected by United
States and international copyright laws and treaties, as well as other
intellectual property laws and treaties. You must not remove or alter
any copyright notices on any copies of the Software Product. This
Software Product copy is licensed, not sold. You may not use, copy,
or distribute the Software Product, except as granted by this EULA,
without written authorization from ShippySoft or its designated
agents. Furthermore, this EULA does not grant you any rights in connection
with any trademarks or service marks of ShippySoft. ShippySoft
reserves all intellectual property rights, including copyrights, and
4. NO RIGHT TO TRANSFER
You may not rent, lease, lend, or in any way distribute or transfer any
rights in this EULA or the Software Product to third parties without
ShippySoft's written approval, and subject to written agreement
by the recipient of the terms of this EULA.
You hereby agree to indemnify ShippySoft against and hold harmless
ShippySoft from any claims, lawsuits or other losses that arise out
of your breach of any provision of this EULA.
6. THIRD PARTY RIGHTS
Any software provided along with the Software Product that is associated
with a separate license agreement is licensed to you under the terms of
that license agreement. This license does not apply to those portions of
the Software Product. Copies of these third party licenses are included
in all copies of the Software Product.
7. SUPPORT SERVICES
ShippySoft may provide you with support services related to the
Software Product. Use of any such support services is governed by
ShippySoft policies and programs described in online documentation
and/or other ShippySoft-provided materials.
As part of these support services, ShippySoft may make available
bug lists, planned feature lists, and other supplemental
informational materials. ShippySoft MAKES NO WARRANTY OF ANY KIND
FOR THESE MATERIALS AND ASSUMES NO LIABILITY WHATSOEVER FOR
DAMAGES RESULTING FROM ANY USE OF THESE MATERIALS. FURTHERMORE, YOU
MAY NOT USE ANY MATERIALS PROVIDED IN THIS WAY TO SUPPORT ANY CLAIM MADE
Any supplemental software code or related materials that ShippySoft
provides to you as part of the support services, in periodic updates
to the Software Product or otherwise, is to be considered part of the
Software Product and is subject to the terms and conditions of this EULA.
With respect to any technical information you provide to ShippySoft
as part of the support services, ShippySoft may use such information
for its business purposes without restriction, including product support
and development. ShippySoft will not use such technical information
in a form that personally identifies you without first obtaining your
9. TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS
ShippySoft may terminate this EULA if you fail to comply with
any term or condition of this EULA. In such event, you must destroy all
copies of the Software Product and Software Product Licenses.
10. U.S. GOVERNMENT USE
If the Software Product is licensed under a U.S. Government contract, you
acknowledge that the software and related documentation are "commercial
items," as defined in 48 C.F.R 2.01, consisting of "commercial computer
software" and "commercial computer software documentation," as such
terms are used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1. You
also acknowledge that the software is "commercial computer software"
as defined in 48 C.F.R. 252.227-7014(a)(1). U.S. Government agencies
and entities and others acquiring under a U.S. Government contract shall
have only those rights, and shall be subject to all restrictions, set
forth in this EULA. Contractor/manufacturer is ShippySoft,
17751 NE 90th St. #C218, Redmond, WA 98052, USA.
11. EXPORT RESTRICTIONS
You will not download, export, or re-export the Software Product, any part
thereof, or any software, tool, process, or service that is the direct
product of the Software Product, to any country, person, or entity --
even to foreign units of your own company -- if such a transfer is in
violation of U.S. export restrictions.
12. NO WARRANTIES
YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE "AS IS,"
AND SHIPPYSOFT AND ITS THIRD PARTY SUPPLIERS AND LICENSORS MAKE NO
WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, SHIPPYSOFT AND ITS THIRD PARTY SUPPLIERS AND
LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS,
EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE
RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS
13. LIMITATION OF LIABILITY
THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW. IN NO EVENT SHALL SHIPPYSOFT OR ITS THIRD PARTY SUPPLIERS
AND LICENSORS BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES,
OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING
OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT
OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SHIPPYSOFT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SHIPPYSOFT'S,
AND ITS THIRD PARTY SUPPLIERS' AND LICENSORS', ENTIRE LIABILITY ARISING
OUT OF THIS EULA SHALL BE LIMITED TO THE LESSER OF THE AMOUNT ACTUALLY
PAID BY YOU FOR THE SOFTWARE PRODUCT OR THE PRODUCT LIST PRICE; PROVIDED,
HOWEVER, THAT IF YOU HAVE ENTERED INTO A SHIPPYSOFT SUPPORT SERVICES
AGREEMENT, SHIPPYSOFT'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES
SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.
14. HIGH RISK ACTIVITIES
The Software Product is not fault-tolerant and is not designed,
manufactured or intended for use or resale as on-line control equipment
in hazardous environments requiring fail-safe performance, such as in the
operation of nuclear facilities, aircraft navigation or communication
systems, air traffic control, direct life support machines, or weapons
systems, in which the failure of the Software Product, or any software,
tool, process, or service that was developed using the Software Product,
could lead directly to death, personal injury, or severe physical
or environmental damage ("High Risk Activities"). Accordingly,
ShippySoft and its suppliers and licensors specifically disclaim
any express or implied warranty of fitness for High Risk Activities. You
agree that ShippySoft and its suppliers and licensors will not
be liable for any claims or damages arising from the use of the Software
Product, or any software, tool, process, or service that was developed
using the Software Product, in such applications.
15. GOVERNING LAW; ENTIRE AGREEMENT; DISPUTE RESOLUTION
This EULA is governed by the laws of the State of New Mexico,
U.S.A., excluding the application of any conflict of law rules. The
United Nations Convention on Contracts for the International Sale of
Goods shall not apply.
This EULA is the entire agreement between ShippySoft and you,
and supersedes any other communications or advertising with respect to
the Software Product. This EULA may be modified only by written agreement
signed by authorized representatives of you and ShippySoft.
Unless otherwise agreed in writing, all disputes relating to this EULA
(except any dispute relating to intellectual property rights) shall
be subject to final and binding arbitration in the State of New Mexico,
in accordance with the Licensing Agreement Arbitration Rules of the
American Arbitration Association, with the losing party paying all
costs of arbitration. Arbitration must be by a member of the American
Arbitration Association. If any dispute arises under this EULA, the
prevailing party shall be reimbursed by the other party for any and all
legal fees and costs associated therewith.
If any provision of this EULA is held invalid, the remainder of this
EULA shall continue in full force and effect.
A waiver by either party of any term or condition of this EULA or
any breach thereof, in any one instance, shall not waive such term or
condition or any subsequent breach thereof.
17. OUTSIDE THE U.S.
If you are located outside the U.S., then the provisions of this
Section shall apply. The parties confirm that this EULA and all related
documentation is and will be in the English language. You are responsible
for complying with any local laws in your jurisdiction which might
impact your right to import, export or use the Software Product, and you
represent that you have complied with any regulations or registration
procedures required by applicable law to make this license enforceable.
The following are trademarks or registered trademarks of ShippySoft:
ShippySoft and Discover-a-Dish.
19. CONTACT INFORMATION
If you have any questions about this EULA, or if you want to contact
ShippySoft for any reason, please direct all correspondence to:
ShippySoft, 17751 NE 90th St. #C218, Redmond, WA 98052, United States
of America or send email to email@example.com.