19

I wrote a program in PHP. I want people to be able to use the code to learn from and even include bits in their own apps but I also want to maintain the right to sell it and make it clear that others are not to distribute copies either for free or for profit. I haven't used anyone elses code so I don't have to worry about license compatibility. Which license out there is right for that?

I know I can't stop people from ignoring the license but I just want them to at least know it's there and know they're doing something wrong if they try. I can't find anywhere that explains licenses in plain English and yes, I have tried to read the GNU and BSD licenses but I can't get it. Thanks.

Ok so here are the clarifications other have asked for: I am going to sell this program for very cheap. People are free to use as much code as they want from it so long as they have first purchased the program and they do not profit from my code.

I wouldn't mind if people just took the whole thing and added on and made it better but then people wouldn't be honest and they would just add something on and give it free and then no one would buy my product.

I suppose I should just let people have it and ask for donations. So maybe I should GPL or BSD it.

EDIT: I understand why everyone is getting confused. It is contradictory but the thing about legalese is that everything seems black or white. I'm trying to achieve a gray area. I want people to buy this thing from me, not copy it and give it away to people, and even use parts of it. By "use parts", what I'd say if someone asked me casually would be "just be reasonable". So basically don't use a majority of my code in your work and then totally outshine what I did because you'll have it easy as I did most of the dirty work already! I mean, sure, use my DB connect script in your project, I don't care. OR... use all the code and add to it! But only for personal use and don't you dare start giving it out because I'm going to be making money off this thing and that totally undermines my work. And it'd be nice to show me your additions and I'll give credit but the main thing is don't be redistributing my software that I have to earn a living with. Its hard to put that sentiment into legalese. And I just can't understand all these licenses.

migrated from stackoverflow.com May 27 '11 at 7:09

This question came from our site for professional and enthusiast programmers.

  • 2
    +1, but migrate to programmers.se? Programmers's FAQ explicitly states "Software law" as a topic. – Nick May 27 '11 at 7:06
  • 3
    Can you clarify what people can and can't do? How would you define a "bit" that I can use in my own app if you want to protect the app as a whole from being redistributed? – Pekka 웃 May 27 '11 at 7:11
  • 1
    But than it isn't open source... – dkuntz2 May 28 '11 at 3:06
  • 1
    Software can be perfectly open source when the source code is provided after the purchase but prohibits the user from selling it. Open source doesn't have to mean it's free. One example is BlitzMax. You get the full source code upon purchasing, but you're not allowed to distribute it. Changes can be shared amongst other users in their dedicated forums which are shielded from non-registered users. – Htbaa Jun 1 '11 at 14:44
  • 3
    @Htbaa: There's different definitions of "open source" around. One is conformance to the Open Source Initiative's definitions (and likely using one of its approved licenses), and that's the accepted definition around here, particularly when the O and S are capitalized. It would be clearer to say "source-available" or something like that if that's what you mean. – David Thornley Jun 1 '11 at 15:05
11

If you want to give people the source code, just ship it along. If you want them legally prohibited from redistributing it, well, copyright law already does that — you don't need a special licence, just the usual copyright notice. You'll find it contains text to the effect of “All rights reserved” - one of those rights is the right to redistribute a copyrighted work, which your code is.

Of course you can add further text to clarify things if you want, but unless you are an expert you run the risk of accidentally changing the terms in ways you didn't want. As usual, consult an actual lawyer for actual legal advice.

Edit: The FSF have just posted a page specifically for novice licence choosers: How to choose a license for your own work

  • What about the right to quote by naming the source? - As the source has been already published by the original author, it's available for various use by copyright. At least "all rights reserved" should be written, but next to that there are higher rights that supersede these "all reserved" by law, isn't it? – hakre May 28 '11 at 19:10
  • @hakre: Higher rights that supersede legal rights won't get you anywhere in the typical court. Things like US "fair use" are legal rights (or at least legal defenses against lawsuit). In some places, an author can't waive the right to have his name attached to software. – David Thornley Jun 1 '11 at 15:08
  • @David Thornley: That are some examples for that higher rights stuff I was referring to. I didn't mean higher rights in the sense of military action for example, that allows forces to take anything they want to due to pure military power, I meant those higher rights that there are through the various laws, some of them supersede copyright AFAIK. – hakre Jun 1 '11 at 20:14
  • 4
    That article is highly biased though: it's basically a guide to choosing one of the FSF licenses; the only non-viral license it even mentions is Apache 2.0, disregarding such widespread licenses as MIT, BSD, Mozilla, and Artistic. – tdammers Aug 28 '11 at 15:35
5

What you try to achieve looks a bit contradictory to me. Just writing so because it might help you to find where you want to draw the line:

I want people to be able to use the code to learn from

I think learning from code is generally allowed if it's available in public - regardless under which license. Keep in mind that IANAL and that this might differ from country to country. But as a simplification of my opinion, you can not restrict the right of others to learn. So you don't need to explicitly give that right as the public already got it (or from the other side: it has been already given and you can not restrict that higher right).

and even include bits in their own apps

That's the part I stumbled over: Do you want to allow others to copy over parts (which size?) of your code so that they can use it in their own apps? I just ask because you write as well:

but I also want to maintain the right to sell it and make it clear that others are not to distribute copies either for free or for profit

Which would contradict a bit to the point that you as well want to allow them to copy the program (in part).

Basically this comes down to distribution: Do you want to allow others to make use of your code but only for their own private programs? If they make use of your code they are not allowed to redistribute anything that has been in contact with your code at all.

So you don't give them the right to create mix of your code and other code for distribution.

I don't know of a license that has such terms from the top of my mind but I can imagine that something like that has already been done.

However it looks as well like you want to reserve yourself the right to commercially control the software so I assume you have something worth to protect. You should contact a lawyer on your behalf to discuss the detailed needs you have, e.g. the grade of control about commercial use of the program / software. A lawyer can much better explain how a license should be written then and she/he can comment on existing licenses as well for you, so that in the end you should be able to answer your question according to your needs.

3

Others have pointed out various licenses you could look at, but this:

make it clear that others are not to distribute copies either for free or for profit.

Means you can't call it Open Source. Point 1 on http://www.opensource.org/docs/osd says

The license shall not restrict any party from selling or giving away the software ...

The right for anyone to distribute software is one of the core components of Open Source.

Because of this, you'll find most open source licenses (like the AGPL someone else suggested) unsuitable.

I suggest you drop that requirement. In fact, I suggest you stop trying to craft a overly protective license. A far bigger problem for anyone is getting interest for their thing, not license terms. Just read up on Open Source licenses, pick one (start by looking at the GPL or AGPL) and go for it. Do not add to the problem of http://en.wikipedia.org/wiki/License_proliferation

Also, look at Dual Licensing which will allow you to release the code as open source and sell it privately. The hard part of that is that if anyone submits a patch, they have to agree to allow you to include it in your not-open-source-for-sale version.

  • 2
    "I suggest you stop trying to craft a overly protective license": it's his work, he doesn't have to share it if he doesn't want to. – DistantEcho May 27 '11 at 17:51
  • 1
    "Means you can't call it Open Source": Not true. Open Source doesn't equal free code. See my comment to the OP. – Htbaa Jun 1 '11 at 14:47
  • 2
    @htbaa What David says. The accepted definition of Open Source is the OSI one, that's what most ppl think when you say it. If you use it and your license doesn't meet the OSI criteria, it generally looks like your trying to trick someone. Best avoided. – James Jun 1 '11 at 16:11
  • 1
    @James: Quite obviously the OP uses the term Open Source in the general sense of "making the source code available", not the OSI definition. – tdammers Aug 28 '11 at 15:37
  • 1
    @tdammers But when you say "Open Source" most people think of something that roughly matches the OSI Definition. See many other comments on this Q. OP's use of the term is confusing and more importantly will confuse others later. – James Aug 31 '11 at 12:18
2

Check the first paragraph of your own question.

I wrote a program in PHP. I want people to be able to use the code to learn from and even include bits in their own apps but I also want to maintain the right to sell it and make it clear that others are not to distribute copies either for free or for profit.

For a honest developer, these lines are a perfectly valid license.

In other words, you can create any license terms that you want.

  • 2
    That link points here. Did you mean his "I don't have to worry about license compability." statement, or something else? – Macke May 27 '11 at 7:31
  • 1
    No, I mean: I wrote a program in PHP. I want people to be able to use the code to learn from and even include bits in their own apps but I also want to maintain the right to sell it and make it clear that others are not to distribute copies either for free or for profit. For an honest developer, these lines are a perfectly valid license. – mouviciel May 27 '11 at 8:11
  • 1
    Ah. That's true. It just wasn't obvious (to me) from your answer. Smart thinking! – Macke May 27 '11 at 9:00
0
I suppose I should just let people have it 
and ask for donations. So maybe I should GPL or BSD it.

so from a strictly practical standpoint a well crafted pay what you want set up (aka donation page) might make you more money, unless you actually expect to make a good amount of money selling it (you said sell it cheap so I don't know what that means, like 20 copies at $0.50 or 500 at $10, more). If it's only like $0.50 I woudln't bother because bear in mind if people pay for it, there is some obligation to support it, if you give it away for free, not so much.

-1

Dual License.

  • AGPLv3 for open source project/to learn from.
  • Commerial License (of your choosing) for non-open source projects.

If it will not be sold, just use AGPLv3 which will make it pretty much un-usable for any major corporations or profit driven that uses closed source.

  • +1 For Dual License, which I think is the way to go; -1 for AGPLv3, which I think is precisely the opposite of what the original poster asked for. (Caveat: My knowledge of AGPL comes from en.wikipedia.org/wiki/Affero_General_Public_License ) – Mark Booth May 27 '11 at 12:10
  • 2
    AGPL does not stop others redistributing it. See my longer answer/rant :-) – James May 27 '11 at 13:52
-2

I know EXACTLY what you need, my friend! You will need a dual licensed software. PS: I am a law student only in front of the girls. So If you are a man, I am actually nuclear engineering student and this is not a legal advice.


Free Version

  • You want to allow "Educational Use" by allowing the use of your code in private non profit project?
  • You want to prevent distribution of the software?
  • You want to prevent commercial use of the free version of the software?

These are the licenses you will need for the free version

  • Doom SL

    LIMITED USE SOFTWARE LICENSE AGREEMENT

    This Limited Use Software License Agreement (the "Agreement") is a legal agreement between you, the end-user, and Id Software, Inc. ("ID"). By downloading or purchasing the software material, which includes source code (the "Source Code"), artwork data, music and software tools (collectively, the "Software"), you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly destroy the Software you may have downloaded or copied.

    ID SOFTWARE LICENSE

    1. Grant of License. ID grants to you the right to use the Software. You have no ownership or proprietary rights in or to the Software, or the Trademark. For purposes of this section, "use" means loading the Software into RAM, as well as installation on a hard disk or other storage device. The Software, together with any archive copy thereof, shall be destroyed when no longer used in accordance with this Agreement, or when the right to use the Software is terminated. You agree that the Software will not be shipped, transferred or exported into any country in violation of the U.S. Export Administration Act (or any other law governing such matters) and that you will not utilize, in any other manner, the Software in violation of any applicable law.

    2. Permitted Uses. For educational purposes only, you, the end-user, may use portions of the Source Code, such as particular routines, to develop your own software, but may not duplicate the Source Code, except as noted in paragraph 4. The limited right referenced in the preceding sentence is hereinafter referred to as "Educational Use." By so exercising the Educational Use right you shall not obtain any ownership, copyright, proprietary or other interest in or to the Source Code, or any portion of the Source Code. You may dispose of your own software in your sole discretion. With the exception of the Educational Use right, you may not otherwise use the Software, or an portion of the Software, which includes the Source Code, for commercial gain.

    3. Prohibited Uses: Under no circumstances shall you, the end-user, be permitted, allowed or authorized to commercially exploit the Software. Neither you nor anyone at your direction shall do any of the following acts with regard to the Software, or any portion thereof:

    Rent;

    Sell;

    Lease;

    Offer on a pay-per-play basis;

    Distribute for money or any other consideration; or

    In any other manner and through any medium whatsoever commercially exploit or use for any commercial purpose.

    Notwithstanding the foregoing prohibitions, you may commercially exploit the software you develop by exercising the Educational Use right, referenced in paragraph 2. hereinabove.

    1. Copyright. The Software and all copyrights related thereto (including all characters and other images generated by the Software or depicted in the Software) are owned by ID and is protected by United States copyright laws and international treaty provisions. Id shall retain exclusive ownership and copyright in and to the Software and all portions of the Software and you shall have no ownership or other proprietary interest in such materials. You must treat the Software like any other copyrighted material. You may not otherwise reproduce, copy or disclose to others, in whole or in any part, the Software. You may not copy the written materials accompanying the Software. You agree to use your best efforts to see that any user of the Software licensed hereunder complies with this Agreement.

    2. NO WARRANTIES. ID DISCLAIMS ALL WARRANTIES, BOTH EXPRESS IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. ID DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET YOUR SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES, DISTRIBUTORS, AND DEALERS OF ID ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF ID.

    Exclusive Remedies. The Software is being offered to you free of any charge. You agree that you have no remedy against ID, its affiliates, contractors, suppliers, and agents for loss or damage caused by any defect or failure in the Software regardless of the form of action, whether in contract, tort, includinegligence, strict liability or otherwise, with regard to the Software. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. Copyright and other proprietary matters will be governed by United States laws and international treaties. IN ANY CASE, ID SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF ID OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

  • FlatstoneTech SL

    LIMITED USE SOFTWARE LICENSE AGREEMENT This Limited Use Software License Agreement (the "Agreement") is a legal agreement between you, the end-user, and the FlatstoneTech Team ("FlatstoneTech"). By downloading or purchasing the software material, which includes source code (the "Source Code"), artwork data, music and software tools (collectively, the "Software"), you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly destroy the Software you may have downloaded or copied. FlatstoneTech SOFTWARE LICENSE

    1. Grant of License. FlatstoneTech grants to you the right to use the Software. You have no ownership or proprietary rights in or to the Software, or the Trademark. For purposes of this section, "use" means loading the Software into RAM, as well as installation on a hard disk or other storage device. The Software, together with any archive copy thereof, shall be destroyed when no longer used in accordance with this Agreement, or when the right to use the Software is terminated. You agree that the Software will not be shipped, transferred or exported into any country in violation of the U.S. Export Administration Act (or any other law governing such matters) and that you will not utilize, in any other manner, the Software in violation of any applicable law.

    2. Permitted Uses. For educational purposes only, you, the end-user, may use portions of the Source Code, such as particular routines, to develop your own software, but may not duplicate the Source Code, except as noted in paragraph 4. The limited right referenced in the preceding sentence is hereinafter referred to as "Educational Use." By so exercising the Educational Use right you shall not obtain any ownership, copyright, proprietary or other interest in or to the Source Code, or any portion of the Source Code. You may dispose of your own software in your sole discretion. With the exception of the Educational Use right, you may not otherwise use the Software, or an portion of the Software, which includes the Source Code, for commercial gain.

    3. Prohibited Uses: Under no circumstances shall you, the end-user, be permitted, allowed or authorized to commercially exploit the Software. Neither you nor anyone at your direction shall do any of the following acts with regard to the Software, or any portion thereof: Rent; Sell; Lease; Offer on a pay-per-play basis; Distribute for money or any other consideration; or In any other manner and through any medium whatsoever commercially exploit or use for any commercial purpose. Notwithstanding the foregoing prohibitions, you may commercially exploit the software you develop by exercising the Educational Use right, referenced in paragraph 2. hereinabove.

    4. Copyright. The Software and all copyrights related thereto (including all characters and other images generated by the Software or depicted in the Software) are owned by FlatstoneTech and is protected by United States copyright laws and international treaty provisions. FlatstoneTech shall retain exclusive ownership and copyright in and to the Software and all portions of the Software and you shall have no ownership or other proprietary interest in such materials. You must treat the Software like any other copyrighted material. You may not otherwise reproduce, copy or disclose to others, in whole or in any part, the Software. You may not copy the written materials accompanying the Software. You agree to use your best efforts to see that any user of the Software licensed hereunder complies with this Agreement.

    5. NO WARRANTIES. FLATSTONETECH DISCLAIMS ALL WARRANTIES, BOTH EXPRESS IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. FlatstoneTech DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET YOUR SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES, DISTRIBUTORS, AND DEALERS OF FlatstoneTech ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF FlatstoneTech. Exclusive Remedies. The Software is being offered to you free of any charge. You agree that you have no remedy against FlatstoneTech, its affiliates, contractors, suppliers, and agents for loss or damage caused by any defect or failure in the Software regardless of the form of action, whether in contract, tort, includinegligence, strict liability or otherwise, with regard to the Software. Copyright and other proprietary matters will be governed by United States laws and international treaties. IN ANY CASE, FlatstoneTech SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF FLATSTONETECH OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

    Full License Text LIMITED USE SOFTWARE LICENSE AGREEMENT This Limited Use Software License Agreement (the "Agreement") is a legal agreement between you, the end-user, and the FusionLord Team ("FusionLord"). By downloading or purchasing the software material, which includes source code (the "Source Code"), artwork data, music and software tools (collectively, the "Software"), you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly destroy the Software you may have downloaded or copied. FusionLord SOFTWARE LICENSE

    1. Grant of License. FusionLord grants to you the right to use the Software. You have no ownership or proprietary rights in or to the Software, or the Trademark. For purposes of this section, "use" means loading the Software into RAM, as well as installation on a hard disk or other storage device. The Software, together with any archive copy thereof, shall be destroyed when no longer used in accordance with this Agreement, or when the right to use the Software is terminated. You agree that the Software will not be shipped, transferred or exported into any country in violation of the U.S. Export Administration Act (or any other law governing such matters) and that you will not utilize, in any other manner, the Software in violation of any applicable law.

    2. Permitted Uses. For educational purposes only, you, the end-user, may use portions of the Source Code, such as particular routines, to develop your own software, but may not duplicate the Source Code, except as noted in paragraph 4. The limited right referenced in the preceding sentence is hereinafter referred to as "Educational Use." By so exercising the Educational Use right you shall not obtain any ownership, copyright, proprietary or other interest in or to the Source Code, or any portion of the Source Code. You may dispose of your own software in your sole discretion. With the exception of the Educational Use right, you may not otherwise use the Software, or an portion of the Software, which includes the Source Code, for commercial gain.

    3. Prohibited Uses: Under no circumstances shall you, the end-user, be permitted, allowed or authorized to commercially exploit the Software. Neither you nor anyone at your direction shall do any of the following acts with regard to the Software, or any portion thereof: Rent; Sell; Lease; Offer on a pay-per-play basis; Distribute for money or any other consideration; or In any other manner and through any medium whatsoever commercially exploit or use for any commercial purpose. Notwithstanding the foregoing prohibitions, you may commercially exploit the software you develop by exercising the Educational Use right, referenced in paragraph 2. hereinabove.

    4. Copyright. The Software and all copyrights related thereto (including all characters and other images generated by the Software or depicted in the Software) are owned by FusionLord and is protected by United States copyright laws and international treaty provisions. FusionLord shall retain exclusive ownership and copyright in and to the Software and all portions of the Software and you shall have no ownership or other proprietary interest in such materials. You must treat the Software like any other copyrighted material. You may not otherwise reproduce, copy or disclose to others, in whole or in any part, the Software. You may not copy the written materials accompanying the Software. You agree to use your best efforts to see that any user of the Software licensed hereunder complies with this Agreement.

    5. NO WARRANTIES. FusionLord DISCLAIMS ALL WARRANTIES, BOTH EXPRESS IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. FusionLord DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET YOUR SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES, DISTRIBUTORS, AND DEALERS OF FusionLord ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF FusionLord. Exclusive Remedies. The Software is being offered to you free of any charge. You agree that you have no remedy against FusionLord, its affiliates, contractors, suppliers, and agents for loss or damage caused by any defect or failure in the Software regardless of the form of action, whether in contract, tort, includinegligence, strict liability or otherwise, with regard to the Software. Copyright and other proprietary matters will be governed by United States laws and international treaties. IN ANY CASE, FusionLord SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF FusionLord OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

The licenses says this in preschool English

You can use the software, but have no ownership thereof. Portions of the source may be used to develop new software; this is referred to as 'Educational Use'. Otherwise, you may not make any commercial gain from it. You can't distribute the source or software. You can't rent or sell the software. The copyright holders may not be held liable for anything & retain all copyright.


Commercial

  • Allow Commercial
  • Allow Private
  • Forbid Redistribution of your PHP code byitself (reselling)

Agata License

> Full License Text
> End User License Agreement
> 
> 1. Purpose
> 
> These terms and conditions (these "Terms") are applicable to the use
> of the "ApplisForm template" and "Agate Library" , and these Terms
> contain the contractual terms and conditions and procedures of use and
> the rights and obligations, responsibilities and other requirements
> between LOGEO and the template or library user(the "User").
> 
> 2. Definitions
> 
> The terms used in these Terms have the following meanings, and
> interpretation of the terms that are not defined in these Terms have
> the definitions under the relevant laws and regulations and as
> prescribed in notices.
> 
> a. Library : Agate library, which is software released by LOGEO to
> users for use in development of mobile application.
> 
> b. Mobile Application : A program which the User creates using the
> template or library and is configured for installation and use on
> mobile devices.
> 
> c. Web Site : An Internet website operated by LOGEO for the purpose of
> distributing the template or library and providing the user guide and
> other information necessary for the use of the template or library.
> 
> d. User : A person who agree to these Terms and develops, deploys,
> manages and operates Mobile Applications through the use of LOGEO's
> template or library.
> 
> e. App. Market : Users can register mobile applications developed by
> Apple's App Store, Google's Android Market is a market for mobile.
> 
> f. LOGEO : LOGEO Co., LTD.
> 
> 3. Effect and Modification of Terms
> 
> a. These Terms will first take effect when the User on this website
> chooses "Agree;" provided, however, that these Terms will no longer be
> effective from the time LOGEO withdraws the execution of these Terms
> upon the User's consent.
> 
> b. LOGEO will post these terms as a permanent menu item at the website
> screen so that the Users will have ready access to the contents of
> these Terms.
> 
> c. These Terms will become valid when the User chooses "Agree" and the
> "LOGEO" gives its approval.
> 
> 4. Rights and Obligations
> 
> a. If the User does not comply with these Terms, the license policy or
> the user guide, etc., LOGEO may restrict or cease the use of or access
> to the Template or Library.
> 
> b. LOGEO may discontinue providing the template or library on a
> temporary basis without notice, due to unavoidable circumstances such
> emergency system maintenance, expansion or replacement, etc. In
> addition, LOGEO may discontinue providing all or part of the currently
> provided template or library for reasons that LOGEO deems appropriate.
> 
> c. For our library files, we don't allow your modification ,
> processing without consultation of the Company.
> 
> With the redistribution , you must redistribute including the license
> file
> 
> 5. Intellectual Property Rights
> 
> The copyrights to the library source code and installation files, demo
> Mobile Applications, technical guides and other documentation on the
> template and library provided by LOGEO belong to LOGEO ; provided,
> however, that the copyrights to the Mobile Application software
> created by the User through the use of the template or library will
> belong to such User.
> 
> 6. Risk of Limitations on Mobile Applications and Disclaimer
> 
> 6.1 Limitations when Using Third-Party Program
> 
> If there is a third-party program such as open source based libraries,
> etc. among the programs provided by LOGEO in accordance with these
> Terms, the User will be bound by the terms and conditions of the
> third-party program, and the user will be deemed to have agreed to
> such terms and conditions.
> 
> 6.2 Compliance with App Market Policy
> 
> The Mobile Applications created by the User using the template or
> library of LOGEO may not be registered in the App Market for technical
> reasons or may require a separate registration process. LOGEO does not
> intervene or assume responsibilities in connection with the
> relationship between the User and the operators of the App Market.
> 
> 7. User's Responsibility
> 
> 7.1 Obligations on template and library
> 
> The User has the right to copy onto his or her computer and to use an
> appropriate quantity of the template or library to the extent such
> activity complies with the purpose of creating Mobile Applications.
> This right is granted during the term of these Terms on a limited,
> non-exclusive, and personal basis, and does not include the right
> sublicense to others.
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> 
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> content, data, etc. which are included in Mobile Applications. The
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> 
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> 
> a. LOGEO does not bear liability in case LOGEO is unable to provide
> the template or library due to natural disasters or other similar
> force majeure event.
> 
> b. LOGEO does not guarantee that the Mobile Applications provided by
> the User using the template or library are lawful, reliable or free
> from defect, and LOGEO does not assume any liabilities for any damages
> incurred by the customer that use Mobile Applications.
> 
> c. LOGEO does not assume any liability in the event the template or
> library does not work as intended due to the User's production
> environments (ex : device specifications, etc.), or for any errors
> that may occur in the Mobile Applications developed using the template
> or library.
> 
> Appendix
> 
> (Effective Date) These Terms are effective as of December 1, 2011.
> 
> ----------------------------------------------------------------------------------------------------------
> 
> Library Program and Source Code : Distribution and transmission
> prohibited, distribution after modification prohibited, LOGEO owns the
> copyright
> 
> Personal use of the template or library : Free
> 
> Business Use of template or library : Free
> 
> Mobile Applications Developed through Use of template or library : The
> creator retains the copyright of the relevant mobile applications
>  
> * The licensing policy above may change in accordance with LOGEO's internal policies

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