Craft License Agreement
Version 2.0.1, last updated on June 3, 2016
This license agreement (the “License Agreement”) is a legal agreement between you (either an individual or a single legal entity) and Pixel & Tonic, Inc. (“Pixel & Tonic”) covering the installation, use, copying, and distribution of the version of Craft code contained in the distributable package delivered at the time of download from Pixel & Tonic and any accompanying distributable files, data, and materials (“Craft”).
Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then do not download, install, use, copy, or distribute Craft.
Terms and Conditions
Your Acceptance of this License Agreement
You should carefully read the following terms and conditions before using, installing, copying, or distributing Craft. Unless otherwise agreed in a writing signed by Pixel & Tonic, your use, installation, copying, or distribution of Craft indicates your acceptance of this License Agreement.
The terms and conditions of this License Agreement describe the permitted use of each single installation (hereinafter, a “Licensed Copy”) of Craft.
Scope of License
Subject to the terms of this License Agreement, Pixel & Tonic grants to you, for each Licensed Copy, a limited, non-exclusive, royalty-free, license to use, install, copy, or distribute Craft.
All rights of any kind in Craft which are not expressly granted in this License Agreement are entirely and exclusively reserved to and by Pixel & Tonic. Pixel & Tonic is protected by applicable national and international laws and treaties.
You may use, install, copy, and distribute Craft solely as expressly provided in this License. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on Craft, in whole or in part, nor permit anyone else to do so.
You shall not use, integrate, combine, or otherwise exercise any license rights under this License Agreement in any manner that would render the source code contained in Craft Open Source Software. As used herein, “Open Source Software” means any software that (in whole or in part) includes, or is otherwise derived in any manner from, any software that is distributed under conditions that include: (i) licensees of such software are authorized to access, modify, and make derivative works of the source code for the software; (ii) licensees of source code of such software are not obligated to maintain the confidentiality of such source code; and (iii) licensees of such software are required, even under limited circumstances, to grant licenses to the source code or derivative works thereof, that licenses include rights to the licensee’s intellectual property.
License Agreement Model
This is a single-installation license, meaning you may integrate a Licensed Copy into one public-facing (“Internet”) or internal (“intranet”) web root directory at a time (the “Website”). You may also install and use Craft without limitation for local development and testing purposes.
Certain functions of Craft (hereinafter, the “Premium Features”) are included in the basic distribution, but are activated only by an additional purchase(s).
License Agreement Validity
This license is valid only if the Website is a work that uses Craft, and does not compete with Craft.
Installation and Usage
You may install and use Craft only in the nature that is described in Craft’s documentation.
You may not make any alterations to Craft’s code or the database tables/columns put in place by Craft, unless instructed to do so by Pixel & Tonic. If you have a need that is not addressed via Craft’s core feature set, its Premium Features, or a plugin, and you lack the means to write a plugin to fill the need yourself, please contact firstname.lastname@example.org.
Craft has an extensive plugin architecture that makes it possible for third party code to alter and extend the application’s functionality without modifying the core code. This is permitted with the following restrictions:
- You may not write or use a plugin that is destructive, deceptive, or otherwise malicious in nature.
- You may not write a plugin that breaks or tampers with any of Craft’s built-in functionality, including any restrictions related to license/edition enforcement, its core feature set, or its Premium Features.
Pixel & Tonic will provide you with free updates to the edition of Craft applicable to your Licensed Copy for the remainder of Craft’s lifespan. Such updates will include any updates for Craft that are released by Pixel & Tonic for general distribution to Craft licensees. Pixel & Tonic has no obligation to provide you with any updates that are not released for general distribution to Pixel & Tonic’s other licensees. Nothing in this Agreement shall be construed to obligate Pixel & Tonic to provide updates to you under any circumstances.
Pixel & Tonic may develop and release future incremental versions of Craft, including additional Premium Featuers yet to be developed. Such future versions of Craft may, at Pixel & Tonic’s sole discretion, be released pursuant to different terms and conditions different from this License Agreement, and may be subject to additional license fees.
You may transfer your right to use the Licensed Copy to a third party, provided (a) that you transfer this License Agreement and the transferee accepts this License Agreement, (b) that you retain no copies of the Licensed Copy and its associated license key, and (c) that you notify Pixel & Tonic about the transfer in writing or by email, providing the details of the new licensee. Such transfer involves the termination of the initial license granted to you under this License Agreement. After the transfer you will no longer have any right to use the Licensed Copy.
Reservation of Rights and Ownership
Pixel & Tonic reserves all rights not expressly granted to you in this License Agreement. Pixel & Tonic is protected by copyright and other intellectual property laws and treaties. Pixel & Tonic owns the title, copyright, and other intellectual property rights in Craft, its files, and its source code. For the avoidance of doubt, Craft is licensed, not sold. This License Agreement does not grant you any rights to trademarks or service marks.
Consent to Use of Data
You agree that Pixel & Tonic may collect and use technical data and related information, including but not limited to information about your installation of Craft and your server environment, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to Craft. Pixel & Tonic may use this information to improve its products or to provide services or technologies to you.
Without prejudice to any other rights, Pixel & Tonic may terminate this License Agreement if you fail to comply with the terms and conditions of the License. In such event, your right to use, install, copy, and distribute Craft terminates automatically and you must then destroy all copies of Craft in your possession.
Pixel & Tonic represents and warrants that it has full title and ownership to Craft and has the authority to grant the license hereunder. To the best of Pixel & Tonic’s knowledge, Craft does not infringe upon the intellectual property rights of any third party and Pixel & Tonic has not received any notice regarding any alleged infringement thereof.
Disclaimer of Warranties
Craft and its related material are provided “AS IS” and without warranty of any kind and Pixel & Tonic expressly disclaims all other warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIXEL & TONIC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE CRAFT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH CRAFT OR OTHERWISE ARISING OUT OF THE USE OF CRAFT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS LICENSE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, AND EVEN IF PIXEL & TONIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability
In no event shall Pixel & Tonic’s liability exceed the license fees paid.
The waiver of, or failure to enforce, by either party any breach or default hereunder by the other shall not constitute the waiver of any other or subsequent or continuing breach or default.
This License Agreement sets forth the entire agreement between us and supersedes any and all contemporaneous or prior proposals, agreements and representations between us, whether written or oral with respect to the subject matter hereof. Except as expressly provided herein, this License Agreement may be changed or supplemented only by mutual agreement of the parties in writing, executed by persons with authority to enter into such agreements. This License Agreement may not be modified by any course of dealing or usage of trade. It is expressly agreed that the terms of this License Agreement shall supersede the terms in any purchase order or other ordering document.
The laws of the State of California, excluding its conflicts of law rules, govern this License Agreement and your use of Craft.
You and Pixel & Tonic each understand that we would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but we choose to have any disputes resolved through arbitration.
We agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the National Arbitration Forum under the Code of Procedure in effect when the claim is filed. The Code of Procedure and other information, including a fee schedule, may be obtained from the National Arbitration Forum website or by calling 800-474-2371. Claims may be filed with the National Arbitration Forum via U.S. mail to P.O. Box 50191, Minneapolis, MN 55405-0191.
We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
In the event of a dispute related to this License Agreement, the prevailing party shall recover its costs and reasonable attorneys’ fees in conjunction with such proceeding.