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COMMERCIAL_LICENCE.md

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In any commercial activity involving 'Hosting' (as defined herein), whether in part or in full, this license must be executed and adhered to.

Commercial License Agreement

This Commercial License Agreement ("Agreement") is entered into by and between Mr Morresi (the original creator of this software) here-in ("Licensor") and (your company or personal name) _____________ ("Licensee"). This Agreement sets forth the terms and conditions under which Licensor provides its software ("Software") and services to Licensee for the purpose of reselling the software either in part or full, as part of any commercial activity where the activity involves a third party.

Definition of Hosting

For the purposes of this Agreement, "hosting" means making the functionality of the Program or modified version available to third parties as a service. This includes, without limitation:

  • Enabling third parties to interact with the functionality of the Program or modified version remotely through a computer network.
  • Offering a service the value of which entirely or primarily derives from the value of the Program or modified version.
  • Offering a service that accomplishes for users the primary purpose of the Program or modified version.

1. Grant of License

Subject to the terms and conditions of this Agreement, Licensor grants Licensee a non-exclusive, non-transferable license to install, use, and resell the Software. Licensee may:

  • Resell the Software as part of a service offering or as a standalone product.
  • Host the Software on a server and provide it as a hosted service (e.g., Software as a Service - SaaS).
  • Integrate the Software into a larger product or service that is then sold or provided for commercial purposes, where the software is used either in part or full.

2. License Fees

Licensee agrees to pay Licensor the license fees specified in the ordering document. License fees are due and payable as specified in the ordering document. The fees may include initial licensing costs and recurring fees based on the number of end users, instances of the Software resold, or revenue generated from the resale activities.

3. Resale Conditions

Licensee must comply with the following conditions when reselling the Software, whether the software is resold in part or full:

  • Provide end users with access to the source code under the same open-source license conditions as provided by Licensor.
  • Clearly state in all marketing and sales materials that the Software is provided under a commercial license from Licensor, and provide a link back to https://changedetection.io.
  • Ensure end users are aware of and agree to the terms of the commercial license prior to resale.
  • Do not sublicense or transfer the Software to third parties except as part of an authorized resale activity.

4. Hosting and Provision of Services

Licensee may host the Software (either in part or full) on its servers and provide it as a hosted service to end users. The following conditions apply:

  • Licensee must ensure that all hosted versions of the Software comply with the terms of this Agreement.
  • Licensee must provide Licensor with regular reports detailing the number of end users and instances of the hosted service.
  • Any modifications to the Software made by Licensee for hosting purposes must be made available to end users under the same open-source license conditions, unless agreed otherwise.

5. Services

Licensor will provide support and maintenance services as described in the support policy referenced in the ordering document should such an agreement be signed by all parties. Additional fees may apply for support services provided to end users resold by Licensee.

6. Reporting and Audits

Licensee agrees to provide Licensor with regular reports detailing the number of instances, end users, and revenue generated from the resale of the Software. Licensor reserves the right to audit Licensee’s records to ensure compliance with this Agreement.

7. Term and Termination

This Agreement shall commence on the effective date and continue for the period set forth in the ordering document unless terminated earlier in accordance with this Agreement. Either party may terminate this Agreement if the other party breaches any material term and fails to cure such breach within thirty (30) days after receipt of written notice.

8. Limitation of Liability and Disclaimer of Warranty

Executing this commercial license does not waive the Limitation of Liability or Disclaimer of Warranty as stated in the open-source LICENSE provided with the Software. The Software is provided "as is," without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and noninfringement. In no event shall the authors or copyright holders be liable for any claim, damages, or other liability, whether in an action of contract, tort, or otherwise, arising from, out of, or in connection with the Software or the use or other dealings in the Software.

9. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Czech Republic.

Contact Information

For commercial licensing inquiries, please contact [email protected] and [email protected].