License review

COMM-LICENSE

@@ -6,7 +6,9 @@ IMPORTANT: THIS SOFTWARE END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMEN
 
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-In order to use the Software under this Agreement, you must receive a “Source URL” at the time of purchase, in accordance with the scope of use and other terms specified for each type of Software and as set forth in this Section 1 of this Agreement. 
+In order to use the Dkron Pro Software under this Agreement, you must receive a “Source URL” at the time of purchase, in accordance with the scope of use and other terms specified for each type of Software and as set forth in this Section 1 of this Agreement. 
+
+The Open Source version of the DKRON Software (“LGPL Version”) is licensed under the terms of the GNU Lesser General Public License versions 3.0 (“LGPL”) and not under this EULA.
 
 1. License Grant
 
@@ -24,14 +26,10 @@ In order to use the Software under this Agreement, you must receive a “Source
 
 3. Restricted Uses. 
 
-3.1 You shall not (and shall not allow any third party to): (a) decompile, disassemble, or otherwise reverse engineer the Software or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the Software by any means whatsoever (except and only to the extent that applicable law prohibits or restricts reverse engineering restrictions); (b) distribute, sell, sublicense, rent, lease or use the Software for time sharing, hosting, service provider or like purposes, except as expressly permitted under this Agreement; (c) redistribute the Software or Modifications other than by including the Software or a portion thereof within your own product, which must have substantially different functionality than the Software or Modifications and must not allow any third party to use the Software or Modifications, or any portions thereof, for software development or application development purposes; (d) redistribute the Software as part of a product, "appliance" or "virtual server"; (e) redistribute the Software on any server which is not directly under your control; (f) remove any product identification, proprietary, copyright or other notices contained in the Software; (g) modify any part of the Software, create a derivative work of any part of the Software (except as permitted in Section 4), or incorporate the Software, except to the extent expressly authorized in writing by Distributed Works; (h) publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the Software; (i) utilize any equipment, device, software, or other means designed to circumvent or remove any form of Source URL or copy protection used by Distributed Works in connection with the Software, or use the Software together with any authorization code, Source URL, serial number, or other copy protection device not supplied by Distributed Works; (j) use the Software to develop a product which is competitive with any Distributed Works product offerings; or (k) use unauthorized Source URLS or keycode(s) or distribute or publish Source URLs or keycode(s), except as may be expressly permitted by Distributed Works in writing. If your unique Source URL is ever published, Distributed Works reserves the right to terminate your access without notice.
+3.1 Except as permitted by the LGPLv3 license in respect of the LGPL Version only, you shall not (and shall not allow any third party to): (a) decompile, disassemble, or otherwise reverse engineer the Software or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the Software by any means whatsoever (except and only to the extent that applicable law prohibits or restricts reverse engineering restrictions); (b) distribute, sell, sublicense, rent, lease or use the Software for time sharing, hosting, service provider or like purposes, except as expressly permitted under this Agreement; (c) redistribute the Software or Modifications other than by including the Software or a portion thereof within your own product, which must have substantially different functionality than the Software or Modifications and must not allow any third party to use the Software or Modifications, or any portions thereof, for software development or application development purposes; (d) redistribute the Software as part of a product, "appliance" or "virtual server"; (e) redistribute the Software on any server which is not directly under your control; (f) remove any product identification, proprietary, copyright or other notices contained in the Software; (g) modify any part of the Software, create a derivative work of any part of the Software (except as permitted in Section 4), or incorporate the Software, except to the extent expressly authorized in writing by Distributed Works; (h) publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the Software; (i) utilize any equipment, device, software, or other means designed to circumvent or remove any form of Source URL or copy protection used by Distributed Works in connection with the Software, or use the Software together with any authorization code, Source URL, serial number, or other copy protection device not supplied by Distributed Works; (j) use the Software to develop a product which is competitive with any Distributed Works product offerings; or (k) use unauthorized Source URLS or keycode(s) or distribute or publish Source URLs or keycode(s), except as may be expressly permitted by Distributed Works in writing. If your unique Source URL is ever published, Distributed Works reserves the right to terminate your access without notice.
 
 3.2 UNDER NO CIRCUMSTANCES MAY YOU USE THE SOFTWARE AS PART OF A PRODUCT OR SERVICE THAT PROVIDES SIMILAR FUNCTIONALITY TO THE SOFTWARE ITSELF.
 
-The Open Source version of the Software (“LGPL Version”) is licensed
-under the terms of the GNU Lesser General Public License versions 3.0
-(“LGPL”) and not under this EULA. 
-
 4. Ownership. Notwithstanding anything to the contrary contained herein, except for the limited license rights expressly provided herein, Distributed Works and its suppliers have and will retain all rights, title and interest (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Software and all copies, modifications and derivative works thereof (including any changes which incorporate any of your ideas, feedback or suggestions). You acknowledge that you are obtaining only a limited license right to the Software, and that irrespective of any use of the words “purchase”, “sale” or like terms hereunder no ownership rights are being conveyed to you under this Agreement or otherwise. 
 
 5. Fees and Payment. The Software license fees will be due and payable in full as set forth in the applicable invoice or at the time of purchase. If the Software does not function properly within two weeks of purchase, please contact us within those two weeks for a refund. You shall be responsible for all taxes, withholdings, duties and levies arising from the order (excluding taxes based on the net income of Distributed Works). 
@@ -46,12 +44,13 @@ under the terms of the GNU Lesser General Public License versions 3.0
 
 7.3 Expiration of License. Upon the expiration of any term under this Agreement, (a) all Software updates and services pursuant to the license shall cease, (b) you may only continue to run existing installations of the Software, (c) you may not install the Software on any additional Hosts, and (d) any new installation of the Software shall require the purchase of a new license subscription from Distributed Works.
 
-8. Disclaimer of Warranties. The Software is provided "as is," with all faults, defects and errors, and without warranty of any kind. Distributed Works does not warrant that the Software will be free of bugs, errors, viruses or other defects, and Distributed Works shall have no liability of any kind for the use of or inability to use the Software, the Software content or any associated service, and you acknowledge that it is not technically practicable for Distributed Works to do so. 
+8. Disclaimer of Warranties. The Software is provided "as is," with all faults, defects and errors, and without warranty of any kind. Distributed Works does not warrant that the Software will be free of bugs, errors, viruses or other defects, and Distributed Works shall have no liability of any kind for the use of or inability to use the Software, the Software content or any associated service, and you acknowledge that it is not technically practicable for Distributed Works to do so. In the event of any error, your sole remedy is the provision of maintenance services pursuant to clause 6 above.
+
 To the maximum extent permitted by applicable law, Distributed Works disclaims all warranties, express, implied, arising by law or otherwise, regarding the Software, the Software content and their respective performance or suitability for your intended use, including without limitation any implied warranty of merchantability, fitness for a particular purpose.
 
 9. Limitation of Liability. 
 
-In no event will Distributed Works be liable for any direct, indirect, consequential, incidental, special, exemplary, or punitive damages or liabilities whatsoever arising from or relating to the Software, the Software content or this Agreement, whether based on contract, tort (including negligence), strict liability or other theory, even if Distributed Works has been advised of the possibility of such damages.
+To the maximum extent permitted by applicable law, in no event will Distributed Works be liable for any direct, indirect, consequential, incidental, special, exemplary, or punitive damages or liabilities whatsoever arising from or relating to the Software, the Software content or this Agreement, whether based on contract, tort (including negligence), strict liability or other theory.
 
 In no event will Distributed Works' liability exceed the Software license price as indicated in the invoice. The existence of more than one claim will not enlarge or extend this limit.
 
@@ -79,7 +78,7 @@ In no event will Distributed Works' liability exceed the Software license price
 
 13.5 Indemnification. You agree to defend, indemnify, and hold harmless Distributed Works from and against any lawsuits, claims, losses, damages, fines and expenses (including attorneys' fees and costs) arising out of your use of the Software or breach of this Agreement.
 
-13.6 Governing Law. This Agreement is governed by the laws of the Spanish State and the European Union without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods or the Law 34/2002, Electronic commerce and Information society services, as currently enacted by any jurisdiction or as may be codified or amended from time to time by any jurisdiction. The jurisdiction and venue for actions related to the subject matter hereof shall be Catalonia and Spain courts located in Barcelona, Spain, and both parties hereby submit to the personal jurisdiction of such courts. 
+13.6 Governing Law. This Agreement is governed by the laws of the Spanish State and the European Union without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods or the Law 34/2002, Electronic commerce and Information society services, as currently enacted by any jurisdiction or as may be codified or amended from time to time by any jurisdiction. The jurisdiction and venue for actions related to the subject matter hereof shall be Spaish courts located in Barcelona, Spain, and both parties hereby submit to the exclusive personal jurisdiction of such courts. 
 
 13.7 Attorneys’ Fees and Costs. The prevailing party in any action to enforce this Agreement will be entitled to recover its attorneys’ fees and costs in connection with such action.