Last updated on 2023-10-28
This License Agreement (the “Agreement”) is by and between you and hozzamedia Industries Ltd. Your right to use any and all software, and other media content (each a “Source code”) downloaded from us (the “Website”) is subject to the terms of this Agreement.
There are a few license types for Source code made available by our Website, each with a defined scope for the Source codes intended, or otherwise, usage.
If none of these licence types fit your requirement, please contact us. Should you need to increase your license type, please contact us as soon as reasonably possible.
Type A, currently referred to as “Hobbyist”
Within the scope of the License Agreement, detailed below, you may use the Source code for your own personal projects, or a Clients personal project. These personal projects cannot provide income for the operator of the software.
Type B, currently referred to as “Startup”
Within the scope of the License Agreement, detailed below, you may use the Source code for a pre-profit, pre-funding startup organisation’s software projects. If funding or profit is eventually acquired, you may need to increase to Type C.
Type C, currently referred to as “Company”
Within the scope of the License Agreement, detailed below, you may use the Source code as a part of a software as a service business model for organisation with the intention of, or actually acquiring, income or profit.
(a) “Client” means the person or entity whose website you are designing if you are a web designer.
(b) “We” or “our” or “us” means hozzamedia Industries Ltd, the owner and operator of the Website.
(c) “Source code-Based Work” means any work derived from or based upon source-code.
(d) “User” is any user of Source code or a Source code-Based Work.
(e) The terms “reproduce,” “reproduction,” “derivative works,” “distribute,” and “distribution” have the same meaning here as under the United Kingdom Copyright Designs and Patents Act (1988), as amended.
(f) “You” means you, your Client, or if you are accepting on behalf of your employer, then “you” means that employer and its affiliates.
2. License Grant
Subject to the terms of this Agreement, we hereby grant you a perpetual, non-exclusive, non-transferable, non-sublicensable limited license to (i) download, copy, modify, and use the Source code as set forth in Section 3 below, (ii) create Source code-Based Works for yourself or a Client, and (iii) distribute the object code versions of Source code-Based Works to third party Users in the form of software. Source code can be used by you for an unlimited number of Source code-Based Works and/or Clients. All rights not granted herein are expressly reserved by us.
3. Permitted Uses
You may use the Source code to create your own software or the software of your Client(s) and may make modifications necessary to fit the requirements of you or your Client(s) with the full knowledge that any Source code-Based Work and the use of any Source code-Based Work remains subject to this Agreement. You will own the Source code-Based Works you create, but we retain all right, title and interest in and to the Source code. You may also remove our own copyright, trademark and attribution notices from any Source code-Based Work, but it and the Source code from which it is derived remains subject to this Agreement. You must retain all other third party copyright, trademark and attribution notices present in the Source code (if any, such as those included with third party libraries) in the Source code-Based Work if required by those third parties. You and all Users must use the Source code and any Source code-Based Work in compliance with all applicable federal, state and local laws, rules and regulations.
4. Prohibited Uses
You may not use the Source code or do anything with the Source code that is not expressly permitted by this Agreement, including, but not limited to, the following strictly prohibited uses:
(a) Assignment, resale, sublicense or other transfer of the Source code or your rights to use the Source code as set forth herein or otherwise make the Source code available in a manner that allows a person to access or reproduce the Source code as an electronic file, except in connection with a Source code-Based Work and subject to Section 3 above;
(b) Use, reproduction or display of the Source code or Source code-Based Work in any manner that may be deemed by us, in our sole and absolute discretion, to be competitive or in conflict with the Website or our business;
(c) Use, reproduction or display of the Source code in a fashion that we consider as, or under applicable law is considered, obscene, immoral, infringing, defamatory or libelous; and
(d) Use or display of the Source code in an electronic format that enables it to be downloaded or distributed in any file sharing arrangement.
5. Limited Representations And Warranties
The Source code is provided “As Is” without representation, warranty or condition of any kind, either express or implied. We hereby expressly excludes and disclaims all warranties, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not represent or warrant that the Source code will meet your requirements or that its use will be uninterrupted or error free. The entire risk as to the quality and performance of the Source code is with you. You assume the entire risk and cost of any necessary corrections. Certain jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have additional consumer rights, which vary from jurisdiction to jurisdiction.
6. Limitation Of Liability
In no event will we or any of our affiliates or their respective directors, officers, employees, shareholders, members or agents be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, or loss of business information) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of this Agreement, including, without limitation, your use of, reliance upon, access to, or exploitation of the Source code, or any part thereof, or any rights granted to you hereunder, even if we have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property or otherwise.
In any event, our total maximum aggregate liability under this Agreement, the license provided hereunder, or the use or exploitation of a Source code in any manner whatsoever is limited to the fees actually paid by you to us under this agreement in respect of the purchase with us.
Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
User shall indemnify, defend and hold us, its affiliates and their respective officers, directors, employees, members, and agents harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable attorneys’ fees) incurred by any such party as a result of or in connection with any breach by you or anyone acting on your behalf of any of the terms of this Agreement.
8. License Term
This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Source code and any Source code-Based Work, along with any copies or archives of it, and ceasing to use the Source code for any purpose. The Agreement shall also automatically terminate without notice by us in the event you fail to comply with any of the terms and conditions of this Agreement. Upon termination, all rights and licenses granted to you and any Users under this Agreement will terminate and you must immediately (a) cease using the Source code and any Source code-Based Works for any purpose, (b) destroy or delete all copies and archives of the Source code, Source code-Based Works, or accompanying materials, and (c) if requested, confirm to us in writing that you have complied with these requirements.
If all or part of this Agreement is held to be illegal or unenforceable, then such provision shall be deemed to be restated so as to be enforceable to the maximum extent permissible under the law and the remainder of this Agreement shall remain in full force and effect. You should check the Website prior to each download of a Source code to make sure you have the latest version of this Agreement. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you or of your use of the Source code or Source code-Based Work pursuant to this Agreement.
The parties agree that this English version of this Agreement is the original version and only binding interpretation of the Agreement between the parties. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in the United Kingdom, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a trial by jury in any proceeding arising out of or related to this Agreement.
You acknowledge that you have read and understand this Agreement and that you have had the opportunity to seek legal advice prior to agreeing to it. In consideration of us agreeing to provide the Source code, you agree to be bound by the terms and conditions of this Agreement. You further agree that it is the complete and only statement of the agreement between you and us, which supersedes any proposal or prior agreement and any other communication between you and us relating to the subject matter of this Agreement.