EULA

License for Project Delphinium

## License Summary

·        
License does not expire

·        
Non-commercial use only

·        
Can modify source-code but cannot distribute
modifications (derivative works)

·        
Attribution to software creator must be made

## Additional terms

·        
You may not create derivative works from this
software

o  
You may not distribute any version of this
software, modified or otherwise

o  
You may modify the source code of your personal
copy, however, you may not distribute those modifications

o  
It is recommended but not required that you
submit modifications back to software owners for consideration for inclusion in
future versions of the software

·        
You may not charge money for the software

o  
You can host a course in which you use the
software as part of the educational environment and charge money for that
course

·        
You may also use the software for research

·        
This software is provided as-is with no promise
of support or liability for its use from the owners

·        
Use of this software under this license is free
of charge for up to 500 students at a time

o  
For additional students or for commercial uses,
you will need to contact the software owners for a different license

·        
Software extensions developed to use in
conjunction with this software are not governed by this license and remain the
property of their developer/owner

o  
Such extensions can be distributed/sold as their
developer sees fit

## Project Delphinium - Terms and Conditions

1.      
**Preamble:**
This Agreement, signed on Oct 20, 2015 (hereinafter: Effective Date) governs
the relationship between the Licensee, anyone using the software, (hereinafter:
Licensee) and Jared R. Chapman, a private person whose principal place of
business is 1754 E 260 N, Spanish Fork UT at the time this contract was drafted
(hereinafter: Licensor). This Agreement sets the terms, rights, restrictions
and obligations on using Project Delphinium (hereinafter: The Software) created
and owned by Licensor, as detailed herein

2.      
**License
Grant:** Licensor hereby grants Licensee a Personal, Non-assignable &
non-transferable, Pepetual, Non-commercial, Including the rights to create but
not distribute derivative works, Non-exclusive license, all with accordance
with the terms set forth and other legal restrictions set forth in 3rd party
software used while running Software.

2.1.   
Limited: Licensee may use Software for the
purpose of:

2.1.1.Running
Software on Licensee’s Website[s] and Server[s];

2.1.2.Allowing
3rd Parties to run Software on Licensee’s Website[s] and Server[s];

2.1.3.Publishing
Software’s output to Licensee and 3rd Parties;

2.1.4.Distribute
verbatim copies of Software’s output (including compiled binaries);

2.1.5.Modify
Software to suit Licensee’s needs and specifications.

2.2.   
This license is granted perpetually, as long as
you do not materially breach it.

2.3.   
Non Assignable & Non-Transferable: Licensee
may not assign or transfer his rights and duties under this license.

2.4.   
Non-Commercial: Licensee may not use Software
for commercial purposes. For the purpose of this license, commercial purposes
means that a 3rd party has to pay in order to access Software or that the
Website that runs Software is behind a paywall.

2.5.   
Including the Right to Create Derivative Works:
Licensee may create derivative works based on Software, including amending
Software’s source code, modifying it, or removing portions of Software, as long
as no distribution of the derivative works is made

3.      
Term & Termination: The Term of this license
shall be until terminated. Licensor may terminate this Agreement, including
Licensee’s license in the case where Licensee :

3.1.   
became insolvent or otherwise entered into any
liquidation process; or

3.2.   
exported The Software to any jurisdiction where
licensor may not enforce his rights under this agreements in; or

3.3.   
Licensee was in breach of any of this license's
terms and conditions and such breach was not cured, immediately upon notification;
or

3.4.   
Licensee in breach of any of the terms of clause
2 to this license; or

3.5.   
Licensee otherwise entered into any arrangement
which caused Licensor to be unable to enforce his rights under this License.

4.      
Upgrades, Updates and Fixes: Licensor may
provide Licensee, from time to time, with Upgrades, Updates or Fixes, as
detailed herein and according to his sole discretion. Licensee hereby warrants
to keep The Software up-to-date and install all relevant updates and fixes, and
may, at his sole discretion, purchase upgrades, according to the rates set by
Licensor. Licensor shall provide any update or Fix free of charge; however,
nothing in this Agreement shall require Licensor to provide Updates or Fixes.

4.1.   
Upgrades: for the purpose of this license, an
Upgrade shall be a material amendment in The Software, which contains new
features and or major performance improvements and shall be marked as a new
version number. For example, should Licensee purchase The Software under
version 1.X.X, an upgrade shall commence under number 2.0.0.

4.2.   
Updates: for the purpose of this license, an
update shall be a minor amendment in The Software, which may contain new
features or minor improvements and shall be marked as a new sub-version number.
For example, should Licensee purchase The Software under version 1.1.X, an
upgrade shall commence under number 1.2.0.

4.3.   
Fix: for the purpose of this license, a fix
shall be a minor amendment in The Software, intended to remove bugs or alter
minor features which impair the The Software's functionality. A fix shall be
marked as a new sub-sub-version number. For example, should Licensee purchase
Software under version 1.1.1, an upgrade shall commence under number 1.1.2.

5.      
Support: Software is provided under an AS-IS
basis and without any support, updates or maintenance. Nothing in this
Agreement shall require Licensor to provide Licensee with support or fixes to
any bug, failure, mis-performance or other defect in The Software.

5.1.   
Bug Notification: Licensee may provide Licensor
of details regarding any bug, defect or failure in The Software promptly and
with no delay from such event; Licensee shall comply with Licensor's request
for information regarding bugs, defects or failures and furnish him with
information, screenshots and try to reproduce such bugs, defects or failures.

5.2.   
Feature Request: Licensee may request additional
features in Software, provided, however, that (i) Licensee shall waive any
claim or right in such feature should feature be developed by Licensor; (ii)
Licensee shall be prohibited from developing the feature, or disclose such
feature request, or feature, to any 3rd party directly competing with Licensor
or any 3rd party which may be, following the development of such feature, in
direct competition with Licensor; (iii) Licensee warrants that feature does not
infringe any 3rd party patent, trademark, trade-secret or any other
intellectual property right; and (iv) Licensee developed, envisioned or created
the feature solely by himself.

6.      
Liability: 
To the extent permitted under Law, The Software is provided under an
AS-IS basis. Licensor shall never, and without any limit, be liable for any
damage, cost, expense or any other payment incurred by Licensee as a result of
Software’s actions, failure, bugs and/or any other interaction between The Software  and Licensee’s end-equipment, computers,
other software or any 3rd party, end-equipment, computer or services.  Moreover, Licensor shall never be liable for
any defect in source code written by Licensee when relying on The Software or
using The Software’s source code.

7.      
Warranty: 

7.1.   
Intellectual Property: Licensor hereby warrants
that The Software does not violate or infringe any 3rd party claims in regards
to intellectual property, patents and/or trademarks and that to the best of its
knowledge no legal action has been taken against it for any infringement or
violation of any 3rd party intellectual property rights.

7.2.   
No-Warranty: The Software is provided without
any warranty; Licensor hereby disclaims any warranty that The Software shall be
error free, without defects or code which may cause damage to Licensee’s
computers or to Licensee, and that Software shall be functional. Licensee shall
be solely liable to any damage, defect or loss incurred as a result of
operating software and undertake the risks contained in running The Software on
License’s Server[s] and Website[s].

7.3.   
Prior Inspection: Licensee hereby states that he
inspected The Software thoroughly and found it satisfactory and adequate to his
needs, that it does not interfere with his regular operation and that it does
meet the standards and scope of his computer systems and architecture. Licensee
found that The Software interacts with his development, website and server
environment and that it does not infringe any of End User License Agreement of
any software Licensee may use in performing his services. Licensee hereby
waives any claims regarding The Software's incompatibility, performance,
results and features, and warrants that he inspected the The Software.

8.      
No Refunds: Licensee warrants that he inspected
The Software according to clause 7(c) and that it is adequate to his needs.
Accordingly, as The Software is intangible goods, Licensee shall not be, ever,
entitled to any refund, rebate, compensation or restitution for any reason
whatsoever, even if The Software contains material flaws.

9.      
Indemnification: Licensee hereby warrants to
hold Licensor harmless and indemnify Licensor for any lawsuit brought against
it in regards to Licensee’s use of The Software in means that violate, breach
or otherwise circumvent this license, Licensor's intellectual property rights
or Licensor's title in The Software. Licensor shall promptly notify Licensee in
case of such legal action and request Licensee’s consent prior to any
settlement in relation to such lawsuit or claim.

10.  
Governing Law, Jurisdiction: Licensee hereby
agrees not to initiate class-action lawsuits against Licensor in relation to
this license and to compensate Licensor for any legal fees, cost or attorney
fees should any claim brought by Licensee against Licensor be denied, in part
or in full.