Moxie.Build, in short, may be used and licensed free of charge for education, development, or non-profit organizations. Whenever it is deployed by government or for-profit organizations to a production environment the license is granted on a subscription basis.
Moxie.Build includes a number of open source components as part of its distribution; each is subject to their own licenses as included with the files for those components.
Licensing is based on the annual revenue of the business or the annual budget for a government agency:
Why is Moxie.Build not free? Our customers depend on Moxie.Build to run their business. They expect Moxie.Build to have professional support at the ready, and for ongoing development to provide them with an ever increasing advantage over their competitors. We invest your licensing fees into further development of Moxie.Build, creating educational material, and building community.
In this agreement,
a) "Agreement" collectively refers to this End User License Agreement
b) "Vendor" refers to Wisebox Solutions Inc.
c) "Licensee" refers to the user of the software
d) "Software" refers to this software program
The effective date of this Agreement shall take effect on the date that the Software is first run on any computer by the Licensee. All terms, conditions and obligations within the Agreement are deemed accepted by the Licensee as long as the Licensee continues to use or retain a copy of the Software. This Agreement will also be binding on the successors and assignees of the Vendor and Licensee.
The Software includes the binary executable computer code and all accompanying material embedded within the Software. Further, any online documentation about the Software, such as a help file, is also included. The Software must not be reverse-engineered, modified, or repackaged in any way. Also, no derivative of the Software may be distributed. All future versions of the Software are also covered by this Agreement, regardless of whether or not the agreement is reaccepted.
All rights to the Software, including title, copyright, and other intellectual property rights belong exclusively with the Vendor. Only the Vendor may distribute the software. The Licensee is granted a license to use the Software, but is in no way granted any form of ownership. The Licensee's rights and obligations in this Agreement are personal and may not be transferred, assigned, or made available to another party of any form.
There is no cost for this Software License if it is used for only for education, development, or non-profit organizations (excluding government), as the Vendor is providing it to the Licensee free of charge for these uses. The cost of this Software License for government and for-profit organizations, if deployed to a production environment, or whenever it is accessible to end-users, is subject to change and is detailed and sold on the primary website for the Software and/or the Vendor.
If the Vendor should ever cease operations or cease to exist, the Software License will revert to an MIT License.
This Agreement shall be governed by the laws of the Province of British Columbia, Canada.
If the Licensee wishes to terminate this Agreement, the Licensee must delete all copies of the Software.
Because of the error-prone nature of Software, the Licensee must agree to use the software "as is" understanding the potential of failure. The Licensee agrees to not hold the Vendor liable in any way for any damages and/or losses that result from the use of the Software regardless of such damages and/or losses being the result of proper execution, and/or limitations, and/or flaws in the Software, and/or Force Majeure. Force Majeure shall include all unforeseen and uncontrollable events.
If the Software License is used free of charge, the Licensee is not entitled to any amount or any form of compensation from the Vendor. If the Software License is used at a cost, the Licensee is only entitled to compensation from the Vendor to a maximum of the amount paid for the License in the current payment term.
If the Software is used to provide service(s) to third parties, the Licensee acknowledges that the Vendor is free from any and all such liabilities and risks related to this service and/or to/from the third parties. Further, the Licensee will protect the Vendor from any and all such liabilities and risks.
The Licensee agrees that the Vendor is the legal Copyright owner of the Software. The Vendor warrants that it is the copyright owner of the Software, with the exception of open-source components that are distributed with the Software which are subject to their own licenses as included with those components.
This Agreement is the entire agreement between the Vendor and the Licensee, there are no additional agreements, terms, or conditions. If any other agreements, terms or conditions where expressed or implied they are invalid unless they are part of this Agreement.
The headings displayed in this Agreement are not to be used to interpret the meaning of this Agreement. If a court ever rules against any portion of this Agreement the remainder of this Agreement remain in effect and will not be weakened.
All notices to the Vendor under this Agreement are to be provided at the following email address: [email protected]