Please note that the code inside of this folder belongs to the Bloxtor framework and must comply with the Bloxtor license.
Selecting licenses for Bloxtor software was a real pain for our team. On the one hand, we always wanted to make Bloxtor totally open, and on the other hand, we were always thinking about Bloxtor being a self-sufficient project which can reward the team financially. Programmers earn their salary by doing programming job, don't they?
Why did we want to make Bloxtor open? For us it's simple - this is the only way to earn your trust and a way to attract talented people who can help develop the project further.
Ultimately, we started a dedicated company (HLNC - OnlineIT, Lda), wrote and/or acquired the rights over a software license, and started to provide Bloxtor hosting services and software. This is our current business model, in short. And yes - we've been trying to earn our salaries by doing this business and survive based on hosting and support.
So, the situation with Bloxtor software licensing is as follows:
- The source code is open and freely available for inspection, use and modification. You can, for example, build your own versions of the Bloxtor software. This is formalized by the Source Code Provisions section which applies to all Bloxtor source code, where you can share your contributions with the community.
- However, you cannot redistribute the source code or the software and you cannot provide hosting services for third parties. These activities require additional arrangements with us, except for some cases. These rules are formalized by the Freeware Software Provisions section which applies to all software built from our source code.
As you see, it's something similar to an OSS - Open-Source Software license, but with some restrictions on the "redistribution".
The Source Code Provisions and Freeware Software Provisions sections can be read below.
Please contact us if you have any questions regarding licensing of Bloxtor software.
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This license is a binding agreement concluded between the licensor ("HLNC - OnlineIT, Lda", a company incorporated and organized under the laws of Portugal, with its registered office in Lisbon, Portugal, address: "Rua Arnaldo Ferreira, B2-6D, 1750-413 Lisbon", with Legal Entity no. 516.592.432, registered with the Commercial Registry Office under the same number, hereinafter referred to as Simplito, we, us) and every person (hereinafter referred to as the User or you) and every entity who in any way uses, installs, downloads, obtains access to the Covered Work or source code of Bloxtor, or any other source code created and published by Simplito as a whole or in part. Without prejudice to the definition below, Covered Work contains work that is protected by copyright law and Simplito has a non-exclusive and limited license concerning the Covered Work, being entitled to grant a non-exclusive and limited sublicense as provided for herein (which, for simplicity and ease of reference, will just refer as license or licensing or any derivations thereof, as applicable). Therefore, this license provisions apply to every natural or legal person that downloads, uses or installs the Covered Work.
Simplito publishes the Source Code of Bloxtor and provide it to external developers and experts in order to maintain high level of transparency and to enable them to modify Source Code for their own needs.
If you install or use the Covered Work in any way, you accept provisions of this license agreement and you are obliged to act accordingly to these provisions, otherwise you will be responsible for any damages caused.
If you do not accept these provisions, you are not entitled to use the Covered Work and you should stop and delete it immediately.
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Except if the context otherwise requires, and without prejudice to any other definitions included herein, the following terms and expressions, when started with capital letter(s) shall have the following meaning:
"You" (or "Your") means an individual or a legal entity exercising rights under, and complying with the terms of, this License. For legal entities, You includes any entity which controls, is controlled by, or is under common control with You. For the purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
"Vendor" refers to code within folders named "vendor" or "vendors" such as, but not limited to, "vendor/", "app/lib/vendor/", "app/layer/presentation/common/webroot/vendor", "app/__system/layer/presentation/common/webroot/vendor" and other "app/.../vendor" folders. Also included in this definition are all files belonging to third parties and containing other licenses.
"Source Code" means (a) the common form of computer software code in which modifications are made and (b) associated documentation included in or with such code.
"Work" or "Original" or "Official" refers to the collective work of authorship, whether in Source Code, Executable or Object form of computer software that is originally released under this License by Simplito. Complete copies of this work are considered the work itself. The code residing in the "app/__system", "app/lib/org/phpframework/" and certain Vendor files are the basis of the Bloxtor framework, falling within this definition. Bloxtor Applications or Projects, External Work and code within certain Vendor files, which belong to third parties and have their own licenses, are not included in this definition.
"Derivative Work" means a work based upon the Original software or portions thereof or upon the Original software and other pre-existing works, such as transformation, modification, recast or adaptation of the Original software. It is an expressive creation that includes major copyrightable elements of a first, previously created original work (the underlying work). The derivative work becomes a second, separate work independent in form from the first. The transformation, modification, recast or adaptation of the work must be substantial and bear its author's personality sufficiently to be original and thus protected by copyright. Translations, cinematic adaptations and musical arrangements are common types of derivative works. Bloxtor Applications or Projects, External Work and code within certain Vendor files, which belong to third parties and have their own licenses, are not included in this definition.
"Covered Work" means (a) the Original Software, or (b) Modifications, or (c) Derivative Work, or (d) the combination of files containing Original Software with files containing Modifications, in each case including portions thereof. Bloxtor Applications or Projects, External Work and code within certain Vendor files, which belong to third parties and have their own licenses, are not included in this definition.
"Larger Work" means a work which combines Covered Work or portions thereof with code not governed by the terms of this License.
"External Work" means the Source Code and any other copyrightable material, including any modifications or additions to an existing work of a third party, associated comments and documentation, or any original work of authorship, non related with the Covered Work.
"Applications" or "Projects" are code that You create using Covered Work and that resides in the "app/layer" folder. Note that the code residing in the "app/__system", "app/lib/org/phpframework/" and certain Vendor files are outside this scope, since is Simplito's proprietary (and or licensed) code and the basis of the Bloxtor framework, falling within the definition of Covered Work.
To "Modify" or "Modifications" or "Modified" a work means to copy from or adapt all or part of the work in a fashion requiring copyright permission, other than the making of an exact copy. The resulting work is called a "modified version" of the earlier work or a work "based on" the earlier work. Modifications means the Source Code and Executable form of any of the following:
- Any file that results from an addition to, deletion from or modification of the contents of a file containing Original Software or previous Modifications;
- Any new file that contains any part of the Original Software or previous Modification; or
- Any new file that is contributed or otherwise made available under the terms of this License. Bloxtor Applications or Projects, External Work and code within certain Vendor files, which belong to third parties and have their own licenses, are not included in this definition.
To "Propagate" a work means to do anything with it that, without permission, would make you directly or secondarily liable for infringement under applicable copyright law, except executing it on a computer or modifying a private copy. Propagation includes copying, distribution (with or without modification), making available to the public, and in some countries other activities as well.
"Intellectual Property Rights" mean rights relating to trademarks, registered designs, patents, applications to any of the foregoing, rights in designs, know-how, trade and business names and secrets, computer software, source code, author’s rights, moral rights, publishing rights, performance rights, commercial structure, "goodwill" and any other similar rights that are protected in any country.
"Contribution Work" means the Source Code and any other copyrightable material, including any modifications or additions to the Covered Work, associated comments and documentation, or any original work of authorship or other content to any work.
"Submit" means any form of electronic, verbal, or written communication, act of uploading, submitting, transmitting, or distributing Contribution Work, sent to Simplito or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, Simplito for the purpose of discussing and improving the Covered Work or Contribution Work, but excluding communication that is conspicuously marked or otherwise designated in writing by You as "Not a Submission." or "Not a Contribution.".
"Submission" or "Contribution" means the Contribution Work that is intentionally Submitted by the Contributor to Simplito.
"Contributor" means You or each individual or entity that Submits a Contribution Work.
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We grant you this license, in order for you to:
- use the Covered Work by installing it within your infrastructure,
- use the Covered Work in order to use its features (e.g. create your own web applications, database reverse engineering, database management).
Please read the "Clause 3 - Permissions" and "Clause 4 - Restrictions" below to understand what you can and cannot do with Covered Work.
Simplito has a non-exclusive and limited license concerning the Original Bloxtor Software (being entitled to sublicense the rights thereunder as provided for herein), including Intellectual Property Rights, and, therefore, is entitled to enter into this license agreement with any entity or person that may use or install the Covered Work. We also incorporate external libraries or frameworks in the Original Bloxtor Software which we are allowed to distribute and use according to their separate licenses. The licensed use of the Covered Work will not lead to violation of any rights or assets of third parties, including any Intellectual Property Rights or any provisions of agreements concluded between Simplito and third parties.
Notwithstanding any software license agreements entered into, any rights, including Intellectual Property rights to Original Bloxtor Software, shall unequivocally and exclusively remain the sole and exclusive property of Simplito or of the relevant owner / original licensor of the Original Bloxtor Software, including, but not limited to, Your Contributions as described in the Contribution Provisions section.
As a user of Covered Work, you are entitled to:
A) Use the Covered Work's features, such as creating or using web Applications or Projects for your business or personal activities, statutory activities, activities carried out as a non-governmental organization, for your employees, collaborators, clients, co-workers, suppliers, business partners, friends, family members or others in accordance with the terms of this license.
B) Install Covered Work or incorporate it in a Larger Work or other software or service, solely on your devices such as personal and private computers, mobile devices and your server infrastructure, for personal and private use only.
C) Install Original Bloxtor Software or incorporate it in a Larger Work or other software or service, solely in your clients' servers that comply with all the following terms:
- Installed version of Bloxtor is the Original version, and not a Modified, Derivative or Larger Work.
- Client promises to only use Covered Work for restritive, internal and private use by its employees with authorized access. Please note that this restriction does not apply to Applications or Projects developed by you through Covered Work, as described in articles E) and F) of this Clause.
- You or your company do not have annual revenues exceeding €100,000 euros.
- Your company does not have more than 10 employees.
- You do not exceed more than 10 clients' installations per month.
D) Advertise Bloxtor with a link to the Original Bloxtor Software version, located at the official Bloxtor's homepage that Simplito owns.
E) Export, deploy or download the Applications or Projects, you developed inside of Covered Work, install them (without the Covered Work) on any server of your choice, comercialize or use them as you wish. Applications or Projects exported or deployed together with the "app/__system" folder are not included in this permission article, as the "app/__system" folder is Simplito's proprietary and/or licensed code and the basis of Bloxtor framework, falling within the definition of Covered Work, that you do not have permission to distribute or propagate. The same applies to certain Vendor files that have their own licenses. Furthermore when you deploy the Applications or Projects, the correspondent code may include the "app/lib/org/phpframework/" folder and certain Vendor files, which is also Simplito's proprietary and/or licensed code, and therefore cannot be used or included in any other software than Covered Work and that is not intended for use by Covered Work or by the exported or deployed Applications or Projects. Also, the "app/lib/org/phpframework/" and "app/__system" folders must contain prominent notices stating that are released under this License and cannot be relicense. In summary, you may do as you wish with the Applications or Projects developed by you through the Covered Work, provided that you export/deploy/download them without the “app/__system” folder and only use the "app/lib/org/phpframework/" and Vendor files in these Applications or Projects.
F) All Applications or Projects developed by you through Covered Work, which still reside within Covered Work, and that have likely not yet been exported or deployed, may be for public use, where you are permitted to use, lease, commercialize, share and relicense without any restrictions. This unrestricted permission, only applies to Applications or Projects that you have created and that reside within the "app/layer" folder (except certain Vendor files with specific licenses), i.e. your proprietary code (non-Simplito or any third party’s property). Note that Applications or Projects developed by you through the Covered Work are not the same as Covered Work, which means that this permission does NOT apply to the Covered Work, but only to those Applications or Projects in accordance with the article E) of this Clause.
G) Make modifications, including changes, corrections, modifications, optimizations or enhancements to Covered Work and any materials and rights related to Covered Work (including all adaptations and copies) in accordance with the Source Code Provisions section. Please bear in mind that the default way of ensuring interoperability of fixing bugs is contacting our tech support. Aforementioned actions may be conducted only in case if using standard tech support will not be able to help you.
If you wish to have permissions other than those described in this Clause, please request Simplito a Bloxtor Commercial License.
Covered Work, particularly Original, Derivative or Modified versions, must be distributed and propagated solely by Simplito, except as described in "Clause 3 - Permissions" Clause.
As a user of Covered Work, you are not allowed to:
A) Lease, commercialize, license, distribute, propagate, advertise, upload into public repositories (e.g. GitHub or any other similar platform), copy for resale, use to create any other software, Larger Work or share Covered Work as well as any materials and rights related to Covered Work, except as described in "Clause 3 - Permissions" Clause.
B) Relicense, distribute or propagate the Covered Work, particularly Original, Derivative or Modified versions. This restriction does not apply to the exported or deployed Applications or Projects developed by you through Covered Work, where you may relicense, distribute or propagate them under the terms of this License, particularly those described in articles E) and F) of "Clause 3 - Permissions" Clause.
C) Install the Covered Work in cases other than those described in articles B) and C) of "Clause 3 - Permissions" Clause.
D) Make modifications, including changes, corrections, optimizations or enhancements, to Covered Work and any materials and rights related to Covered Work (including all adaptations and copies), without having this License and disregarding the cases described in article G) of "Clause 3 - Permissions" Clause.
E) Make modifications, including changes, corrections, optimizations or enhancements to Bloxtor's name, brand, trademarks, or logos inside of Covered Work without explicit written permission from Simplito.
F) Incorporate Covered Work into a Larger Work or other software or service, except in cases other than those described in articles B) and C) of "Clause 3 - Permissions" Clause.
G) Provide Covered Work hosting services for other entities (e.g. as a public SAAS service), except for your own personal and private usage or for the restrictive, internal, private and authorized use by your employees within your company, as described in articles B) and C) of "Clause 3 - Permissions" Clause.
I) Create works, softwares or services competitive to Bloxtor or Simplito, using Covered Work or Larger Work, or providing it publicly, or incorporating it in another software or service.
J) Use Bloxtor's name, brand, trademarks, or logos outside of the Covered Work without explicit written permission by Simplito.
K) Remove this license or prominent notices stating that Covered Work is released under this License.
L) Modify or remove this license or any other license from the Covered Work.
M) Advertise Derivative or Modified versions.
You must comply with all these restrictions unless explicitly permitted by a Bloxtor Commercial License, by law and only within limits of such permission.
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Basing on Covered Work's Source Code, you may build your own version of Covered Work, and you’re allowed to modify the Source Code, test it or verify how it is built. You may store it on your local, personal, private or internal device, enter into computer’s memory, install, use, compile or run it and check the effects of your modifications.
If you want to make any modifications and include them in future versions of Original Bloxtor Software, you must comply with the provisions in the Contribution Provisions section, becoming our Contributor and joining our development community. In return, Simplito shall share Your contributions with the community and shall not use them in a way that is contrary to the public benefit or inconsistent with its nonprofit status and bylaws in effect at the time of the Contribution.
Distribution and propagation terms are defined in the Freeware Software Provisions section, including also some exceptions for the following restrictions when using Covered Work's Source Code:
- Covered Work's Source Code may be distributed solely by Simplito.
- You are not entitled to distribute or propagate Covered or Larger Works as well as its Source Code. This means that you may not publish Covered or Larger Works' Source Code in any form, including any versions modified by you. You may not, for example, publish Covered Work's Source Code on Github, Stackoverflow or any other similar platforms. This applies to Original, Modified or Derivative Source Code as a whole or any parts of it.
- You cannot provide Covered or Larger Works hosting services for other entities.
- You cannot create works, softwares or services competitive to Bloxtor or Simplito.
- You also may not lease, commercialize, license, distribute, propagate, share, advertise, or use Covered Work's Source Code, even in connection with your other projects or Larger Work (e.g. to create new software, not related to Original Bloxtor Software), unless it is explicitly permitted by Freeware Software Provisions section, by law and only within the limits of such a permission.
- You may not change the structure name, brand, trademarks, credits or logos in Covered Work's Source Code, even in Derivative Works, you must comply with this rule, ensuring that all names, brands, logos and attribution texts are maintained.
If you create any software (especially your own version of Covered or Large Work) by using Covered Work's Source Code, this license must also apply and be included with such software. This means that any software, created on the base of Covered Work's Source Code, may be used only according to the provisions of this license, Therefore you and every other user of the created software, are bound by the provisions this license. Furthermore, in order to create your own version of Covered or Larger Work, you may not use any other works that are distributed under licenses which are incompatible with the provisions of this License. For more information you should read the provisions in Freeware Software Provisions section.
Also, all Covered Work must contain prominent notices stating that it is released under this License.
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You must agree to the terms of this License before making a Submission to any Covered Work, which means that by Submitting any Contribution, You are automatically accepting the terms of this License. These provisions cover any and all Submissions that You Submit, now or in the future (except as described in "Clause 10 - Grant of Rights" below).
You acknowledge that Contributions and information about Contributions may be maintained indefinitely and disclosed publicly, including your name and other information that you submit with Your Submission. Furthermore, once Your Submission is incorporated into the Covered Work, it will begin to be covered by the provisions of Covered Work including, but not limited to, this License.
This license is for your protection as a Contributor, as well as the protection of Simplito and its users; it does not change your rights to use your own Contributions for any other purpose. Please read the provisions below carefully before becoming a Contributor, and keep a copy for your records.
In return, Simplito shall share Your contributions with the community and shall not use them in a way that is contrary to the public benefit or inconsistent with its nonprofit status and bylaws in effect at the time of the Contribution. Except for the rights granted herein to Simplito, to the relevant owner / original licensor of the Original Bloxtor Software, and recipients of software distributed by Simplito, You reserve all right, title, and interest in and to Your Contributions.
You represent that each of Your Submissions is entirely Your original work. Should You wish to Submit materials that are not Your original work, You may Submit them separately to the Covered Work if You (a) retain all copyright and license information that was in the materials as you received them, (b) in the description accompanying your Submission, include the phrase "Submission containing materials of a third party:" followed by the complete details and names of the third party and any licenses or other restrictions (including, but not limited to, related patents, trademarks, and license agreements) of which You are aware and which are associated with any part of your Submissions, and (c) follow any other instructions in the Covered Work's and External Work's written guidelines concerning Submissions.
A) Grant of Copyright License - Subject to the terms and conditions of this License, You hereby grant to Simplito, to the relevant owner / original licensor of the Original Bloxtor Software, to the recipients of software distributed by Simplito, and those who receive the Contribution Work directly or indirectly from Simplito, a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to unlimited use of the Submission including a license to reproduce, prepare derivative works of, publicly display, publicly perform, and distribute the Submission and such derivative works, and to sublicense any or all of the foregoing rights to third parties.
B) Grant of Patent License - Subject to the terms and conditions of this License, You hereby grant to Simplito, to the relevant owner / original licensor of the Original Bloxtor Software, to recipients of software distributed by Simplito, and those who receive the Contribution Work directly or indirectly from Simplito, a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this clause) patent unlimited license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Contribution Work, where such license applies only to those patent claims licensable by You that are necessarily infringed by your Submission(s) alone or by combination of your Submission(s) with the Contribution Work to which such Submission(s) was Submitted. If any entity institutes patent litigation against You or any other entity (including a cross-claim or counterclaim in a lawsuit) alleging that your Submission, or the Contribution Work to which you have contributed, constitutes direct or contributory patent infringement, then any patent licenses granted to that entity under this License for that Submission or Contribution Work shall terminate as of the date such litigation is filed.
C) Other Rights Reserved - Each party reserves all rights not expressly granted in this License. No additional licenses or rights whatsoever (including, without limitation, any implied licenses) are granted by implication, exhaustion, estoppel or otherwise.
You represent that You are legally entitled to grant the above licenses. If your employer(s) has rights to intellectual property that you create that includes your Submissions, you represent that you are authorized and have received permission to make Submissions on behalf of that employer, that your employer has waived such rights for your Submissions to Simplito, or that your employer has executed a separate Corporate CLA with Simplito.
You represent and warrant that: (i) You are the owner of the Your Submissions and Your original work (except as you may have disclosed under the "Clause 9 - Originality of Work") and that You hold all the necessary legal rights to license Your Submissions in the terms set out in this license agreement; (ii) to the best of Your knowledge, there are no immediate, pending or threatened legal actions relating to Your authority to grant any and all rights herein granted, which are free and clear of creditors’ claims, liens or encumbrances; and (iii) to the best of Your knowledge, Your Submission or any of its technical elements do not infringe third parties’ Intellectual Property Rights. You further represent that, if and to the extent applicable and always in compliance with all relevant legal provisions, Your Submissions include completed details of any third party license or other restriction (including, but not limited to, related patents and trademarks) of which you are personally aware and which are associated with any part of Your Contributions.
You commit not to copy Contribution Work from another External Work which license does not allow the duplication / reuse / modification of their Source Code and / or license is not compatible with the Covered Work you are contributing to. As a reminder, and despite of the foregoing, a work that is not covered by an explicit license shall be deemed as a work protected by the default copyrighted license under Portuguese law, but always with prejudice to the applicability and enforceability of clauses 8 and 10 (without limitation), notably as regards the granting of all distribution rights to Simplito, to the relevant owner / original licensor of the Original Bloxtor Software, to the recipients of software distributed by Simplito, and to those who receive the Contribution Work directly or indirectly from Simplito.
You agree to notify Simplito in writing of any facts or circumstances of which You later become aware that would make Your representations in this License inaccurate in any respect.
You undertake to comply with and act in accordance with the rules outlined in the Bloxtor Code of Conduct and the Bloxtor Contribution Rules documents.
You are not expected to provide support for Your Submission, except to the extent You desire to provide support. You may provide support for free, for a fee, or not at all with respect to Your Submissions and solely Your Submissions. Unless required by applicable law or agreed to in writing, You provide your Submissions on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.
UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING, AND EXCEPT FOR THE WARRANTIES EXPRESSLY STATED IN CLAUSES "9 - ORIGINALITY OF WORK", AND "12 - CONTRIBUTOR OBLIGATION", THE SUBMISSION PROVIDED UNDER THIS LICENSE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
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This license applies to all versions of Covered Work, as well as to any updates, upgrades or modifications made by Simplito. This license is granted to users all over the world, non-exclusively, at no charge and for an indefinite period of time.
The Covered Work must contain prominent notices stating that it is released under this License.
This license does not apply to Applications or Projects created by you through the Covered Work and that reside in the "app/layer" folder, except certain Vendor files, which belong to third parties and have their own licenses.
Unless required by applicable law or agreed to in writing, Simplito provides Covered Work on an "as is" basis, without warranties or any other obligations of any kind, either expressed or implied, including, without limitation, any warranties or guarantees concerning proper performance of the application or creation of the Source Code. You are solely responsible for determining the appropriateness of using Covered Work and assume any risks associated with your exercise of permissions under this license.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Our liability for any damages connected with using Covered Work is excluded to the maximum extent allowed by applicable law. This also means exclusion of liability for any bugs or errors within Covered Work. Consequently, in no event shall Bloxtor (nor any individual or legal entity related to Bloxtor, included the licensor of the Original Bloxtor Software) be liable to you for any damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of using Covered Work (including but not limited to damages for loss of goodwill, lost benefits, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if Simplito (or any of the individual and/or legal entity referred to above) was informed about the possibility of such damages.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Clause 17 - Interpretation of "Clause 9 - Disclaimer of Warranty" and "Clause 10 - Limitation of Liability"
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, courts shall apply Portugal law that most closely approximates an absolute waiver of all liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee.
The nullity or invalidity of any of the provisions, articles or clauses of this License shall not imply the nullity or invalidity of the remaining provisions, articles or clauses, which shall remain in full force and effect.
For any situation (permission or restriction) not covered in this license, or any question or doubt, you must contact Simplito before using or modifying this software or submitting any Contribution, otherwise it will be responsible for the damages caused.
This agreement shall be governed, interpreted, and construed in accordance with the laws of Portugal. All disputes arising from the interpretation and application of this license shall be settled in the Courts of the District of Lisbon, with express waiver of any other.