PREAMBLE – FLEXIDB IS 100% FREE TO USETo avoid confusion between the FlexiDB licence and the licence for the FlexiDB plugin for WordPress, we will explain the difference here. WordPress uses the GPL v2 licence, which means all plugins and themes for WordPress must also be GPL v2. We fully support this, both ethically and legally, and accordingly the FlexiDB plugin for WordPress is also GPL v2. FlexiDB itself is a separate application from WordPress. All communication with FlexiDB is via its REST API. The WordPress plugin calls the REST API. The REST API can also be called from the FlexiLogin app. In fact it is possible to call the REST API directly from any programming language, the WordPress plugin simply makes this task much easier. In order to function, FlexiDB needs to be registered with FlexiLogin.com. Each FlexiDB server has an API key. This key must be entered in to the FlexiDB plugin for WordPress. Otherwise the plugin won’t know which FlexiDB server to interact with. This is a common design pattern for numerous WordPress plugins.
FlexiDB is 100% free to use, it has its own licence, which follows here. If you have any questions about this please email contact@FlexiWeb.com.
FLEXIDB SOFTWARE (FREE VERSION) LICENCE AGREEMENT
IMPORTANT NOTICE: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THIS SOFTWARE:
This licence agreement (the “Licence”) is a legal agreement between you (the “Licensee” or “you”) and FlexiWeb Limited of 10 Victoria Street, Bristol, United Kingdom, BS1 6BN (the “Licensor”, “us” or “we”) permitting you to use the free version of the FLEXIDB software product (the “Software”) and any online or electronic documentation accompanying the Software (“Documentation”). We licence use of the Software and Documentation to you on the basis of this Licence only. We do not sell the Software or Documentation to you. We remain the owners of the Software and Documentation at all times.
BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU AND ANYBODY USING THE SOFTWARE ON YOUR BEHALF. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE SOFTWARE AND DOCUMENTATION TO YOU AND YOU MUST NOT USE THE SOFTWARE OR DOCUMENTATON.
Important Note: This Licence applies to the free version of the Software only. By entering into this Licence you acknowledge that the free version of the Software may have limited or restricted functionality and that it is provided without any warranty or support. If you want to benefit from additional functionality and software support you should consider purchasing a licence to use the Enterprise version of the FLEXIDB software. The Enterprise version of the FLEXIDB software is subject to a separate licence agreement.
1. Grant and scope of licence
In return for you agreeing to abide by the terms of this Licence, the Licensor hereby grants to you a free-of-charge, non-exclusive, royalty-free, licence to use the Software and the Documentation on the terms of this Licence. The licence granted under this Clause 1 permits you to do the following: 1.1. download, install the Software on an unlimited number of computers and servers under your control; and 1.2. use the Software for the purpose for which it was intended, namely to create your own databases, websites and apps (“Licensee Applications”); and 1.3. publish and redistribute the Licensee Applications you have created and allow third party end-users (“End-Users”) to use and interact with those Licensee Applications; and 1.4. use any Documentation in support of the use permitted under this Clause 1.
2. Conditions of use
The licence granted to you under Clause 1 is granted to you free-charge. However, in return for us permitting you to use the Software and Documentation, you must agree to abide by the terms and conditions of this Licence, including (but not limited to) the following conditions: 2.1. If you use the Software, you must ensure that you have registered with us as a Licensee (see: http://flexilogin.com) and that you keep your registration details up to date. Your registration details must include full details of any and all Licensee Applications which you have published or redistributed or made available to End-Users. 2.2. You must ensure that any End-Users who subscribe or register to access or use any Licensee Application which you develop, are required to do so using the FLEXILOGIN digital passport (see http://flexilogin.com).
3. Specific Restrictions
Except as expressly set out in Clause 1 above no other rights or licences to use the Software or Documentation are granted to you under the terms of this Agreement. In particular (but without limitation) you may not redistribute or transfer the Software, other than as part of a bona fide Licensee Application. In addition, you may not (without the Licensor’s prior written consent) do the following: 3.1. Use the Software (or any part of it) to develop any product which is intended to be used as, or is capable of being used as, a software development toolkit; or 3.2. Use the Software (or any part of it) to develop any software product or other product which is directly or indirectly competitive with the Software; or 3.3. Publish or redistribute any part of the Software as part of a product falling within Clause 3.1 or 3.2 above.
4. Licensee’s undertakings
Except as expressly set out in this Licence or permitted by us in writing or as may be permitted by mandatory provisions of any applicable local law, you undertake: 4.1. not to copy the Software or Documentation except where such copying is incidental to, or reasonably necessary for, the normal use of the Software and Documentation, as permitted under this Agreement; 4.2. not to make alterations to, or modifications of, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs; 4.3. not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things; 4.4. to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software; 4.5. to include our copyright notice and other legal notices on all entire and partial copies of the Software in any form.
5. Lawful/ Acceptable Use
5.1. You acknowledge and agree that you are solely responsible for the use which you make of the Software and for any Licensee Applications which you may develop, publish or redistribute. 5.2. You may only use the Software for lawful purposes and must ensure that that any Licensee Applications you develop comply with all applicable laws. In particular (but without limitation) you must not develop, publish or redistribute any Licensee Application which: breaches any applicable local, national or international law or regulation; is otherwise unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; has been created for the purpose of harming or attempting to harm minors in any way; has been created to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. 5.3. You must adhere to any and all policies, recommendations and guidance we may issue from time to time concerning acceptable uses to which the Software may be put. 5.4. We reserve the right (in our absolute discretion) to terminate this Licence and the rights granted to you under Clause 1 in the event that we believe that you have breached your obligations under Clause 5.2 or 5.3. 5.5. We also reserve the right (in our absolute discretion) to terminate this Licence and the rights granted to you under Clause 1 if we feel that your use of the Software or any Licensee Applications you have created may expose you or us to any civil or criminal liability, or could damage our reputation or the reputation of the Software, or is otherwise objectionable. 5.6. You agree to indemnify us and hold us harmless from any costs, losses, claims or liabilities which may result from your use of the Software or any Licensee Application you may create.
6. Intellectual property rights
6.1. You acknowledge that all intellectual property rights in the Software and the Documentation throughout the world belong to us (or our licensors), that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software or the Documentation other than the right to use them in accordance with the terms of this Licence. 6.2. The integrity of this Software may protected by technical protection measures (TPM) so that the intellectual property rights, including copyright, in our Software are not misappropriated or used in ways which are not permitted by this Licence. You must not attempt in any way to remove or circumvent any such TPM, nor to apply, manufacture for sale, hire, import, distribute, sell, nor let, offer, advertise or expose for sale or hire, nor have in your possession for private or commercial purposes, any means whose sole intended purpose is to facilitate the unauthorised removal or circumvention of such TPM.
7. Trade marks
7.1. The FLEXIDB and FLEXILOGIN logos are the registered trade marks of FlexiWeb Limited in the European Union and the United States of America. 7.2. You may use the approved statements “Powered by FLEXIDB” and “Login with FLEXILOGIN” on any Licensee Application you create, provided that you comply with any applicable branding guidelines we may issue from time to time. 7.3. Except as expressly set out in Clause 7.1, you may not use the FLEXIDB and FLEXILOGIN trade marks without our prior written consent.
8. Support and maintenance
8.1. You acknowledge and agree that we shall be under no obligation to provide any technical support or maintenance services to you under this Licence in respect of the Software or your use of the Software. 8.2. We may (in our absolute discretion) agree to provide technical support and maintenance services in relation to the Software under the terms of a separate agreement.
9. Exclusion of warranties
9.1. You acknowledge and agree that the Software is made available to you free of charge on an “AS IS” basis. Accordingly, to the maximum extent permitted by law, we disclaim all express or implied warranties, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement. You understand that agree that the Software is made available to you free of charge and you use the Software at your own discretion and risk. 9.2. Without in any way limiting the provisions of Clause 9.1 above, you acknowledge that the Software has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Software meet your requirements. You also acknowledge that the Software is not free of bugs and errors and you agree that the existence of any errors shall not constitute a breach of this Licence.
10. Licensor’s liability
10.1. Nothing in this Licence shall limit or exclude the liability of either party for death or personal injury resulting from negligence or for fraud or fraudulent misrepresentation or any other liability which may not be limited or excluded under applicable law. 10.2. Subject to condition 10.1, to the maximum extent permitted by law we exclude all liability to you for any damages or losses suffered by you arising out of or in connection with this Licence or your use of the Software or Documentation, whether arising in contract, tort (including negligence), misrepresentation or otherwise, including but not limited to any lost income, lost profits or contracts, business interruption, lost savings, loss of information, loss of opportunity, goodwill or reputation, loss of, damage to or corruption of data, or any direct, indirect, special, incidental or consequential damages of any kind howsoever arising. 10.3. This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the Software and Documentation. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in this Licence. Any condition, warranty, representation or other term concerning the supply of the Software and Documentation which might otherwise be implied into, or incorporated in, this Licence, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law. 10.4. You acknowledge that because the Licence is granted to you “free of charge” you are not placing any reliance on the performance or functionality of the Software or your continued ability to use the Software and that the exclusions of liability set out in Clause 9 and this Clause 10 are fair and reasonable in the circumstances.
11.1. We may terminate this Licence (and/ or amend, modify, vary or replace the terms and conditions of this Licence) by written notice to you if we (in our absolute discretion) decide to discontinue (or change) the current FLEXIDB and/ or FLEXILOGIN service. However, wherever possible we will try and give you a reasonable advance warning of any such decision, 11.2. We may terminate this Licence immediately by written notice to you in accordance with Clause 5.4 or 5.5 if we (in our absolute discretion) consider that your use of the Software may be unlawful or is otherwise objectionable. 11.3. We may also terminate this Licence immediately by written notice to you if you breach any provision of this Licence, or if we (in our absolute discretion) believe that you have used the Software in any way which is contrary to the purpose and intent of this Licence. 11.4. Upon termination for any reason: (i) all rights granted to you under this Licence shall cease; (ii) you must cease all activities authorised by this Licence; and (iii) you must immediately delete or remove the Software from all computer equipment in your possession and immediately destroy or return to us (at our option) all copies of the Software then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
12. Communications between us
12.1. If you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to FlexiWeb Limited at 10 Victoria St, Bristol, BS1 6BN, UK or firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normally by e-mail. 12.2. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide when you register with us in accordance with Clause 2.1.
13. Other important terms
13.1. We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. You may only transfer your rights or your obligations under this Licence to another person if we agree in writing. 13.2. This Licence and any document expressly referred to in it constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in this Licence or any document expressly referred to in it. 13.3. If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 13.4. Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 13.5. This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.