This source code license agreement is by and between PERSON 1 (Software Provider) and Kin Leung Ho (Licensee).
This agreement shall begin on this _____ day of _______________, XXX.
Software Covered
This agreement covers the access and use of the source code for the following software, hereafter known as the “Software”.
- MobiCommerce Source Code
Consideration
In consideration of the above, Licensee agrees to provide Software Provider with payment in the form of fees and/or royalties as listed below:
| Particular | Cost |
|
Base Source Code The base source code mean our main architecture or code base (main library). In order to run any of our front (PWA, Mobile app or desktop) this source is needed. Practically Along with this source code basically you have to take source of any of our front-end system as well.
|
XX USD |
|
Mobile Apps Source code of our mobile app. Along this Base source code you have to take as well. |
XX USD |
|
PWA Source code of our PWA. Along this Base source code you have to take as well. |
XXX USD |
|
Desktop Source code of our Desktop Website. Along this Base source code you have to take as well. |
XX USD |
|
Total In case you need all than total price of source will be XX USD |
XX USD |
Licensee shall make 100% advance payment. Service Provider shall only accept payment via bank wire.
Terms & Conditions
Both the Licensee and Software provider agree to adhere to the following terms and conditions.
Service Provider has granted, with acceptance of this source code license agreement, Four (4) total licenses to be used as permitted. These licenses shall be considered perpetual and non-transferrable.
The licenses granted may be used by Licensee as well as any employees and subcontractors providing services for the Licensee.
Throughout this agreement, “Software” shall be defined as all source codes, object codes, link libraries, utility programs, project files, scripts related to the software listed above.
Intellectual Property
Intellectual Property rights remain with MobiCommerce only. The Software shall remain the intellectual property of Service Provider at all times.
License Grant
License is granted for the following software products:
- Mobi Base Code base 4.0.0
It include MObiCommerce base architecture and code base as Mian Library. It includes ecommerce API layer, back-end and front-end base code library.
- Mobi Mobile Apps 4.0.0
Android and iOS mobile apps source code.
- Mobi PWA 4.0.0
PWA (for mobile compatible front-end) source code
- Mobil Headless Commence 4.0.0
Front-end to be used for desktop
License is granted only for the version provided. If another version is launched, that version will be covered by another Source Code License Agreement and Licensee will have to buy another source code.
In consideration of all terms and conditions contained within this contract Licensee shall have the nonexclusive and nontransferable rights as stated below.
- Licensee will hold the right to incorporate the dynamic and statically linked libraries that Service Provider has developed.
- Furthermore, Licensee will have the ability to make and distribute an unlimited number of copies of the libraries mentioned above.
Restrictions
Unless prior written consent has been obtained from the Software Owner, the following shall not be allowed.
- The distribution of any source codes, header files, make files, or libraries of the software.
- The software should not be merged, compiled, or copied unless expressed in this agreement.
- Alteration or removal of any notices in or on the software or within the documentation included within the software.
- Any distribution of the software by Licensee that is not conducted with approval from Service Provider .
- Disclosure of any source codes pertaining to the software to any additional parties not included in this agreement.
- Licensee shall not disassemble, recompile or reverse engineer any object code contained within the software.
- The number of licenses being used may at no point and time be more than the number of licenses purchased through this agreement.
All software included in this source code license agreement as well as all documentation included with said software is provided in an “as is” condition.
Licensee shall be granted a 72 hour period after initial access is granted. During this period, the Licensee may report any errors, missing features, or other issues related to the source code.
This initial inspection shall be performed with the source code in its original state. Any modification or other alteration of the source code shall constitute acceptance of the Software by Licensee.
Service Provider agrees to correct any such errors in a timely manner, after which Licensee shall accept the source code for use pursuant to the terms of this agreement.
Service Provider makes no guarantee as to the source code’s performance once it has been accepted by Licensee.
Linked Domain
Our software license is linked with single website domain like www.amazon.com and source code can be modified and can be used only for same domain only.
Client only can use the given source on that particular domain purpose. They can copy it for any other domain or website or solution.
Support and Warranty
Licensee shall be granted a 30 days period after initial access is granted. During this period, the Licensee may report any errors, missing features, or other issues related to the source code. This initial inspection shall be performed with the source code in its original state. Any modification or other alteration of the source code shall constitute acceptance of the Software by Licensee. Software Provider makes no guarantee as to the source code’s performance once it has been accepted by Licensee. After the 30-day period, any support on source code will be paid. Once the source code based is modified by any means, then free support will not be provided (we only provide support for given source code as it is condition only).
Liability
Under no circumstances will either party or their representatives be liable to each other for any incidental, consequential, or indirect damages including but not limited to lost or damaged data, revenue loss, economic loss, or commercial loss arising out of a breach of any terms and conditions set forth in this source code license agreement.
This limitation of liability shall apply regardless of if the alleged breach is a fundamental breach or fundamental term.
Both parties are in understanding that some jurisdictions do not allow the exclusion of liability for consequential damages and as so the above limitation may not apply.
Indemnity
Licensee agrees to hold Service Provider harmless as well as defend Service Provider from any and all damages, costs, and liabilities that take place from a lawsuit due to any of the following
- Product Distribution
- Breach of Contract
- Software installation
Additionally, Service Provider shall indemnify and hold Licensee harmless against any damages related to the source code.
Copyright Notice
Licensee agrees to display an appropriate copyright notice in any final versions of Software containing the source code distributed to third parties.
Applicable law
Any disputes related to this agreement shall be resolved in accordance with the laws of India and any and all legal proceedings shall take place as such.
Modification
No terms or conditions on this agreement shall be modified or replaced without the written consent of both parties.
Both parties agree that direct monetary damages may not be the sole extent of damages related to a breach of this source code license agreement.
Therefore, each party agrees a breach in this agreement by Licensee will allow Service Provider to seek additional relief from Licensee.
Written Notice
Any and all notifications with regard to this source code license agreement shall be delivered either by email, in person or by certified mail to the address listed below.
Licensee:
If by mail: [Client.StreetAddress]
If by email: [Client.Email]
Software Provider:
If by mail: 601, Regency Plaza, Satellite,
If by email: [Software Provider Email]
No employer/employee relationship is implied or established through this source code agreement.
Both parties shall remain fully independent business entities at all times.
Entire Agreement
This document shall constitute the entire binding agreement between the Parties for the source code listed.
Agreement
Both parties have been made aware of all terms and conditions listed in this Source Code License agreement. By signing below, both parties indicate their approval and acceptance of this agreement.
MobiCommerce [Client.Company]
______________________________ ______________________________
PERSON 1
Service Provider Licensee
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