Blaze.horse Django Starter Kit End User License Agreement

Version 2

TL;DR changes from v1: FREE FOR PERSONAL (NON-COMMERCIAL) USE

Published: July 18, 2023
Source: https://hub.piep.works/django-starter/eula/2

About this Agreement

While the Blaze.horse Django Starter Kit (the “Project”) source code is publicly available, it is not free for commercial use. To use the Project in production for commercial purposes, you need to purchase a license.

This End User License Agreement (the “Agreement”) is fundamental to the relationship between you and us. Therefore we recommend to read this Agreement carefully before you download, install or use the Project.

If you do not agree to this Agreement, please do not download, install or use the Project. Installation or use of the Project signifies that you have read, understood, and agreed to be bound by this Agreement as well as our Privacy Policy, Terms of Service and Use Restrictions.

Definitions

Before we get started with the conditions of the Agreement, let’s define the terms that will be used throughout it:

• When we refer to “You”, we mean the licensee. Before purchasing the Project, that’s the individual or company that has downloaded and/or installed the Project for a Development Installation or Private Installation. This also includes individuals using the Project for non-commercial purposes.When used for a commercial Public Site, the licensee is the individual or company that has purchased the the Project license. If you work on a client project and have purchased the the Project license for your client, you (and not the client) are the licensee.
• When we refer to “We”/“Us”/“Our”, we mean the licensor, Piepworks LLC. You can find Our company and contact information on https://piep.works.
• A “Website” is a single the Project project that is defined by its domain name and root directory (e.g. https://sub.example.com or https://example.com/example/). Each (sub)domain and root directory is a separate Website, even if the projects are related in any way.
• A “Development Installation” is a Website that is installed purely for the purposes of development and client preview. It must only be accessible by a restricted number of users (like on a personal computer, on a server in a network with restricted access or when protecting a staging website with a password that only a restricted number of users know).
• A “Private Installation” is a Website that is installed purely for personal use. It must only be accessible by You and Your family.
• A “Public Site” is a Website that is neither a Development Installation or a Private Installation.
• An “Update” is defined as a the Project release which adds smaller new features, minor functionality enhancements or bug fixes. This class of release is identified by the change of the revision to the right of the first decimal point, e.g. 3.1 to 3.2, 3.X.1 to 3.X.2 or 3.X.X.1 to 3.X.X.2.
• An “Upgrade” is a major Project release which incorporates major new features or enhancements that increase the core functionality of the Project to a larger extent. This class of release is identified by the change of the revision to the left of the first decimal point, e.g. 3.X to 4.0.
• The “Source Code” is defined as the contents of all files that are provided with the Project and that make the Project work. This includes (but is not limited to) all Python, JavaScript, JSON, HTML and CSS files as well as all related image and other media files.

Every time you see one of these capitalized terms in the following text, it has the meaning that has been explained above.

Usage for a Non-Personal / Commercial Public Site

Installing the Project on or using it for a Non-Personal / Commercial Public Site requires a paid license.

As the Project is software and software is intangible, We don’t sell it as such. Instead, this Agreement grants a license for each purchase to install and use a single instance of the Project on a specific Website. Additional Project licenses must be purchased in order to install and use the Project on additional Websites.

The license is non-exclusive (meaning that You are not the only one who We will issue a license) and generally non-transferable (meaning that the one who purchases the license is the licensee).

On request, We will transfer a license to anyone who is also allowed to buy the Project licenses by law and this Agreement. The new licensee will take over all rights and obligations of this Agreement from You at the moment We confirm the license transfer.

A license is valid for all Updates of the same major Project release. We reserve the right to charge an upgrade fee for Upgrade releases. Whether a release is an Update or Upgrade is at Our sole discretion.

Order Process

Our order process is conducted by Our online reseller Paddle.com. Paddle.com is the Merchant of Record for all Our orders.

Free Licenses

The Project can be used for free in the following cases.

Please note that the restrictions and all other clauses of this Agreement also apply to free licenses. You may especially not alter or circumvent the licensing features.

Personal / Non-Commercial Use

Blaze.horse is 100% free for personal (non-commercial) use. Want to try out the easiest way to get going with Django? Knock yourself out! Spread the word!

Usage for a Development Installation

We believe that it should be possible to test and evaluate software before having to purchase a license. Also, We understand that a web project first needs to be built in a protected environment before it can be published.

Therefore, installing and using the Project on a personal computer (like a desktop PC, notebook or tablet) or server for a Development Installation is free for as long as You need.

The usage of the Project in production (with the intention to handle production data or content) is never considered a Development Installation, even in internal apps or systems.

Usage for a Private Installation

You may also install and use the Project for free in Private Installations as long as they are not accessible by anyone except You and Your family.

Our definition of a Private Installation allows the following use cases:

• Private sites for personal use, for example:
  • Apps for You personally (like a personal diary)
  • Apps for You as a freelancer (like a bookkeeping, invoicing or project management app)
  • Apps for Your family (like a private photo gallery)
• Experimental local Project setups for Your personal use (for example to try out the Project features)

However, the following use cases are not covered and need a paid license:

• Intranets for companies, authorities or organizations, no matter if on a local or public server
• (Internal) apps for teams or entire companies, authorities or organizations
• Websites that are accessible by the public, even for personal/non-commercial purposes
• Use of the Project as a local CMS for a static or headless site without a license for the frontend domain(s)

Restrictions

Legal Restrictions

You may only use the Project in a manner that complies with any and all applicable laws in the jurisdictions in which You use the Project. Please respect all applicable restrictions concerning privacy and intellectual property rights.

Making Copies

You may make copies of the Project in any machine readable form solely for the following purposes, provided that You reproduce the Project in its original form and with all proprietary notices on the copy:

• when deploying a Website to a server,
• when developing a Website on a personal computer or server,
• when working on code contributions to the Project or
• as a backup.

You may not reproduce the Project or its Source Code, in whole or in part, for any other purpose.

Modification of the Source Code

You may alter, modify or extend the Source Code for Your own use or with the intention to contribute Your changes back to the Project. You may also commission a third party to perform those modifications for You.

However You may not:

• alter or circumvent the licensing features, including (but not limited to) the license validation and payment prompts or
• resell, redistribute or transfer the modified or derivative version.

Please note that We can’t provide technical support for modified or derivative versions of the Source Code.

Your Relationship to Third Parties

You are generally not allowed to sell, assign, license, disclose, distribute, or otherwise transfer or make available the Project or its Source Code, in whole or in part, in any form to any third parties.

The following cases are exempted from this restriction:

• Project licenses may be transferred to a new licensee by requesting the transfer from Us (see above).
• You may create Websites for third parties (e.g. as an agency or freelancer for a client). Together with this Website, You may bill Your client for the used Project license. You may also include the license price in a flat rate. Please note that the licensee in both of these cases is still You unless You request to transfer the license to Your client. If Your price exceeds the price You paid to Us, You need to give Your client the option to purchase the license directly from Us.
• You may make the Project available to customers via a Software-as-a-Service (SaaS) offering, provided You ensure that each Website has a valid Project license purchased either by You or Your customer. If multiple customers share a Website, each customer needs at least one license. Your offering must not appear to be provided or officially endorsed by Us.
• You may make a Project installation available to employees or partners of You or Your Website client. You may also disclose and distribute the Project’s Source Code to Your client together with the source code of the Website You created for them.
• You may disclose the Source Code to individuals or companies that are involved in the development or operation of Your Website (e.g. agencies, design or development freelancers, hosting providers or administrators).

E.g. the following cases are explicitly not allowed:

• Selling, licensing or distributing a new product based on the Project that modifies or hides the Project’s identity
• Forking the Project and selling the modified version (see above)
• Buying licenses in bulk and reselling them in your own shop
• Bundling or including the Project’s Source Code in the publication and/or distribution of a Website’s source code (please provide a link to Our repository or website instead)

Disallowed Uses

The following uses of the Project are not covered by this Agreement and will result in the termination of the license:

• Direct or indirect use of the Project in critical infrastructure (e.g. water and energy services, public health, financial services, public security services) or high-risk environments (e.g. handling of harmful or dangerous materials). The use in Websites without connection to core processes is allowed.
• Use of the Project for Websites that contain misinformation, hate speech or discriminating content based on age, gender, gender identity, race, sexuality, religion, nationality, serious illnesses or disabilities, no matter who authored this content. Misinformation is defined as content that is false or misleading and may lead to significant risk of physical or societal harm.
• Use of the Project by companies or individuals who:
  • lobby for, promote, derive income from or are invested in:
    • the production of tobacco or weapons,
    • any prison or jail,
    • cryptocurrency, NFTs, web3, or any other blockchain-related technology,
    • any action or facility that supports or contributes to:
      • gambling, adversely addictive behaviors or
      • deforestation.
  • lobby against, or derive income from actions that discourage or frustrate:
    • peace,
    • access to the rights set out in the Universal Declaration of Human Rights and the Convention on the Rights of the Child,
    • peaceful assembly and association (including worker associations),
    • a safe environment or action to curtail the use of fossil fuels or to prevent climate change or
    • democratic processes.

Other Restrictions

You may also not:

• extract parts of the Source Code for use in other programs or projects
• remove or alter any proprietary notices on the Project.

Technical Support

Technical support is provided as described on Our website at https://blaze.horse. No representations or guarantees are made regarding the response time in which support questions are answered, however We will do Our best to respond quickly.

We reserve the right to limit technical support for free licenses.

Refund Policy

We offer a 14-day, money back refund policy if the Project didn’t work out for Your project.

If you need a refund, please get in touch directly at blaze.horse@piepworks.com.

No Warranty

THE PROJECT IS OFFERED ON AN “AS-IS” BASIS AND NO WARRANTY, EITHER EXPRESSED OR IMPLIED, IS GIVEN. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE PROJECT INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE OF THE PROJECT AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE. THIS PARAGRAPH ALSO APPLIES TO YOU IF YOU ARE NOT THE LICENSEE (E.G. IF YOU USE THE PROJECT WHILE SOMEONE ELSE IS THE LICENSEE).

Term, Termination and Modification

You may indefinitely use all Project versions that are covered by Your license under this Agreement until either party terminates this Agreement as described in this section.

You may terminate the Agreement at any time.

We may only terminate the Agreement if You or any individual or company who works with the Project or uses it on Your behalf has violated or failed to comply with terms of this Agreement. If Your compliance with the Agreement can be restored by fixing the violation or non-compliance, We will first contact You with information on the specific term that was violated or not complied with and will allow reasonable time of at least 14 days before We will decide on a license termination. Should We be in the position to terminate a license according to this paragraph, other or all licenses granted to You may be terminated for the same reason(s) at the same time or at any later date.

Termination takes effect upon notice to the other party in textual form (via email or letter). Upon termination, the specified licenses granted to You will terminate, and You will immediately uninstall and cease all use of the Project. If not all licenses are terminated, You may continue to use the Project for the Websites with active licenses. The sections entitled “No Warranty”, “Indemnification” and “Limitation of Liability” will survive any termination of this Agreement.

We may modify the Project and this Agreement with notice to You either via email or by publishing content on the Blaze.horse website at https://blaze.horse, including but not limited to changing the functionality or appearance of the Project. Any such modification will become binding on You unless You terminate this Agreement. Changes to this Agreement that constrain Your rights to a great extent will only become effective with Your approval in textual or electronic form.

Indemnification

By accepting the Agreement, you agree to indemnify and otherwise hold harmless Us as well as Our officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Project or any other matter relating to the Project. This paragraph also applies to you if you are not the licensee (e.g. if you use the Project while someone else is the licensee).

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL CUMULATIVE DAMAGES EXCEED THE FEES YOU PAID TO US UNDER THIS AGREEMENT IN THE MOST RECENT TWELVE-MONTH PERIOD. THIS PARAGRAPH ALSO APPLIES TO YOU IF YOU ARE NOT THE LICENSEE (E.G. IF YOU USE KIRBY WHILE SOMEONE ELSE IS THE LICENSEE).

All Rights Reserved

Piepworks LLC owns all rights, title and interest to the Project (including all intellectual property rights) and reserves all rights to the Project that are not expressly granted in this Agreement.

Severability Clause

Should any provision of this Agreement be or become invalid, void or unenforceable, in whole or in part, at present or in the future, this shall not affect the validity of the remaining provisions of this Agreement. The same shall apply if a gap requiring supplementation arises after conclusion of this Agreement. The parties shall replace the invalid, void or unenforceable provision or gap requiring filling by a valid provision which in its legal or economic content takes account of the invalid, void provision and the overall content of the agreement.

Questions?

Due to the Project’s flexibility, you may have special use cases or requirements that don’t fit this Agreement.

If that’s the case or if you have any questions, feel free to get in touch: blaze.horse@piepworks.com. We are happy to think outside the box and find custom license solutions for your creative application of the Project.

Thanks to Kirby for the inspiration (for so many things)!