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Commercial Licence (v1.2.4)

1.0 Preamble

This licence is designed to protect your intellectual property rights, while still permitting you to use software from CodeCogs. Unlike the GNU General Public Licence, there is no requirement for you to reveal the source code behind your new work: you therefore have more control over its distribution and the retention of your trade secrets. This licence also allows you to make commercial gains (financial or otherwise) from the sale and distribution of any new product or service that relies on the licensed CodeCogs software.

In accordance with our views of 'share and share alike', these benefits require that the owner of the CodeCogs software also profits from your gain. This comes from a single payment for each licence you purchase. Furthermore if you distribute the commercial versions of CodeCogs source code, then you must either transfer this licence to them or ensure that they have an appropriate licence of their own.

Except where the software is explicitly designed to operate as a webservice on a server and thereby deliver results to a third party, you cannot distribute proprietary software that allows your customers to directly execute CodeCogs components, including providing an interface that permits 3rd party interactive calls from other proprietary software. In no circumstance can you give anyone copies of our licensed source code; documentation; libraries or DLL files compiled from the source code with (perhaps) instruction of how to call the CodeCogs functions, If you which to do this, each customer much purchase their own Commercial Licence.

Through your acceptance of this licence and the payment of a fee (consideration), this licence forms a binding contract between you and CodeCogs, and will be governed by contract law of the England and Wales.

The precise terms and conditions are as follows:

2.0 Terms and Conditions of Use

NOTICE TO USER: THIS IS AN AGREEMENT ("LICENCE") BETWEEN YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY) ("LICENSEE") AND ZYBA ("CODECOGS"), A LIMITED COMPANY WORKING UNDER THE LAWS OF THE ENGLAND AND WALES. BY INDICATING YOUR ACCEPTANCE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This CodeCogs Licence accompanies a CodeCogs software product ("Software") and related explanatory materials (including online, electronic & paper material) ("Documentation"). The term "Software" shall also include any upgrades, modified versions, updates, additions and copies of the Software licensed to you by CodeCogs. You must read this Agreement carefully before indicating your acceptance.  If you do not agree with the terms and conditions of this Agreement, decline where instructed, and you will not be able to use the Software.

This is a licence agreement and not an agreement for sale. CodeCogs continues to own the copy of the Software and any other copy that you are authorised to make pursuant to this Agreement.  CodeCogs grants to you a non-exclusive, transferable, world-wide licence to use the Software and Documentation, provided that you agree to the following:

2.1. Licences

You must ensure you own an adequate number of Commercial licences for each copy of the Software. A list of the licences you hold is available at CodeCogs (www.codecogs.com) and additional licences may be purchased from this website. You will also have received an email receipt for all Commercial licences you have purchased. If you have not purchased a Commercial Licence and you do not hold an email receipt, then you do not own a licence to use this Software and you cannot use the Software under these terms and conditions.

2.2. Use of the Software

  1. You may install the Software in a single location on a hard disk or other storage device of up to the number of licences you currently own ("Permitted Number of Computers"), as detailed in you receipts of purchase and summarised on www.codecogs.com/mycogs.php.
  2. Provided the Software is configured for network use, you may install and use the Software on a single file server for use on a single local or wide area network for either (but not both) of the following purposes:
    1. permanent installation onto a hard disk or other storage device of up to the Permitted Number of Computers; or
    2. use of the Software over such network, provided the number of different computers on which the Software is used does not exceed the Permitted Number of Computers. For example, if there are fifty (50) computers connected to the server, with no more than five (5) computers ever using the Software at the same time, then the Permitted Number of Computers for which you need a licence is five (5).
  3. You may make one or more backup copies of the Software, provided your backup copy is not installed or used on any computer.
  4. The primary user of each computer on which the Software is installed or used may also install the Software on one home or portable computer. However, the Software may not be used on the secondary computer by another person at the same time the Software on the primary computer is being used.
  5. You may integrate the Software into a derivative product ("New Product") that you can distribute either freely or for a charge, without further commercial licences from CodeCogs, provided that the licensed CodeCogs Software cannot be directly accessed, called, invoked or queried by another software package working in conjuction with the New Product. Therefore:
    1. You cannot create a library of the CodeCogs Software, which exposes the CodeCogs Software in such a way that any competent developers could recreate the results given by any single component of the Software through your New Product.
    2. You cannot build an external interface to your New Product that allows other proprietary software to directly access the CodeCogs Software within your product.
    3. You cannot, develop your New Product so that it automatically downloads new, GNU GPL licensed (free), components from CodeCogs at installation, thereby circumnavigating the need for further commercial licences.
    4. You cannot distribute a web service.
    5. You cannot distribute source code behind the CodeCogs Software.
  6. If all end users have their own licenses for each piece of "Software" that is accessed or used by the New Product, then there are no restrictions on the use of a New Product.

2.3. Copyright

The Software is the intellectual property of CodeCogs and its suppliers and is protected by United Kingdom copyright law, international treaty provisions, and applicable laws of the country in which it is being used. The structure, organisation and code of the Software are the valuable trade secrets and confidential information of CodeCogs and its suppliers. Therefore you must treat the Software just as you would any other copyrighted material, such as a book. You may not copy the Software or the Documentation except as set forth in the "Use of the Software" section. Any copies that you are permitted to make pursuant to this Licence must contain the same copyright and other proprietary notices that appear on or in the Software. Any information supplied by CodeCogs or obtained by you, may not be disclosed to any third party or used to create any software that is substantially similar to the expression of the Software.

To requests further information use the web form General Enquiries or write to CodeCogs, c/o Zyba Ltd, Broadwood, Holford, Bridgwater, Somerset, TA1 1DU, ENGLAND. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner's name. Trademarks can only be used to identify printed output produced by the Software. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Licence does not grant you any intellectual property rights in the Software.

2.4. Transfer

You may not rent, lease, sublicense or lend the Software or Documentation. You may, however, transfer all your rights to use the Software and Documentation to another person or legal entity provided that:
  1. you transfer this Licence, the Software, including all copies, updates and prior versions and all copies of font software converted into other formats, and the Documentation to such person or entity.
  2. you retain no copies, including copies stored on a computer, and
  3. the receiving party agrees to be bound by the terms and conditions of this Licence.

2.4 Limited Warranty.

CODECOGS AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR CODECOGS OR ITS SUPPLIERS' BREACH OF WARRANTY.  EXCEPT FOR ANY WARRANTY WHICH CANNOT BE EXCLUDED OR LIMITED BY COMPULSORY LAW IN ENGLAND AND WALES, CODECOGS AND IT'S SUPPLIERS MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL CODECOGS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF A CODECOGS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. WHERE LIABILITY CANNOT BE LEGALLY EXCLUDED, BUT IT MAY BE LIMITED, CODECOGS' LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE.

Nothing contained in this Licence shall prejudice the statutory rights of any party dealing as a consumer. Nothing contained in this Licence limits CodeCogs' liability to you in the event of death or personal injury resulting from CodeCogs' negligence.

CodeCogs is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or restricting obligations, warranties and liability as provided in this Clause 2.4, but in no other respects and for no other purpose.

2.5 Governing Law and General Provisions.

This Licence shall be governed by and construed in accordance with the laws of the England and Wales whose courts shall have jurisdiction over all disputes relating to this Licence.

This is the entire agreement between CodeCogs and the Licensee relating to the Software and the Documentation and it supersedes any prior representations, discussions, undertakings, end user licence agreements, communications or advertising relating to the Software and the Documentation.

If any part of this Licence is found void and unenforceable, it will not affect the validity of the balance of the Licence, which shall remain valid and enforceable according to its terms. This Licence may only be modified in writing signed by an authorised officer of CodeCogs.

End of Terms and Conditions

If you have any questions regarding this agreement or if you wish to request any information from CodeCogs, please use the contact information provided in clause 2.2