licenses: remove JUCE EULAs
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JUCE 7 End User License Agreement
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IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING
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THE SOFTWARE:
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Welcome to JUCE 7! This JUCE 7 end-user licence agreement (Agreement) is a legal
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agreement between you (Licensee or you) and Raw Material Software Limited (RMS,
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Licensor, us or we) for the JUCE 7 Framework, which includes both the JUCE Code
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and the Projucer and DemoRunner Software, and the associated media. For the
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purposes of this Agreement, JUCE Personal, JUCE Pro, JUCE Indie, JUCE Education,
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shall be described as “Code”, and Projucer and DemoRunner shall be described as
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“Software” and the Code and Software may be described as “Framework”. Users of
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JUCE 6 should refer to the JUCE 6 End-User License Agreement. Users of JUCE 5
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should refer to the JUCE 5 End-User License Agreement. Users of JUCE 4 should
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refer to the JUCE 4 End-User License Agreement.
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IMPORTANT NOTICE TO ALL USERS:
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BY CLICKING ON THE "ACCEPT" BUTTON LINKING TO THESE TERMS, OR BY DOWNLOADING,
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INSTALLING OR USING THE JUCE FRAMEWORK, YOU AGREE TO THE TERMS OF THIS
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AGREEMENT, AND ALL INCORPORATED TERMS INCLUDING THE JUCE PRIVACY POLICY AND
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WEBSITE TERMS OF SERVICE, AS APPLICABLE, WHICH WILL BIND YOU. IF YOU DO NOT
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AGREE TO THE TERMS OF THIS AGREEMENT, WE WILL NOT LICENSE THE JUCE FRAMEWORK TO
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YOU AND YOU MUST DISCONTINUE THE INSTALLATION OR DOWNLOAD PROCESS OR CEASE USE
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OF THE JUCE FRAMEWORK. If you are accepting the terms of this Agreement on
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behalf of a company or other legal entity, you represent and warrant that you
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have the authority to bind that company or other legal entity to the terms of
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this Agreement and, in such event, “you” and “Licensee” will refer to that
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company or other legal entity. You affirm that you are at least 18 years of age.
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If you are not 18 years of age but you are at least the age of 13, you may use
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the JUCE Framework only if your parent or guardian agrees to be bound by this
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Agreement. Parents and guardians of users under the age of 18 agree to the terms
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of this Agreement, and any reference to “you” shall include the parent or
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guardian.
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You should print a copy of this Licence for future reference.
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Each JUCE licence comes with similar, yet slightly different features, which are
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fully explained in the chart found here. A truncated version of the chart is
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found directly below. JUCE Personal Free JUCE Indie $40 JUCE Pro $130
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Education Free Splash screen ‘Made with JUCE’ splashscreen Custom animation
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or none Custom animation or none ‘Made with JUCE’ splash screen Revenue
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or funding limit $50k $500k No limit No limit Minimum
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commitment 1 month 1 month One-off perpetual price
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$800 $2,600
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Each type of JUCE licence also comes with different Minimum Commitments, Revenue
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Limits and Fees, as discussed below.
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REVENUE LIMITS AND MINIMUM COMMITMENTS
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There are different licences and options for use of the JUCE Code, and each
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licence has different Minimum Commitments, Revenue Limits and features. To see
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the full set of features and functionality of each licence, please visit
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https://juce.com/get-juce. The following describes the Minimum Commitments and
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Revenue Limits for each licence. Revenue Limits are based on gross revenue,
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meaning all monies collected, including through funding, whether it be received
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in connection with your JUCE Applications or not, without offsets of any kind.
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JUCE Personal
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JUCE Personal comes with one licence seat and aims to provide individuals with
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the opportunity to utilize JUCE free of charge. We provide this licensing option
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to grow the base of developers who can engage with JUCE and explore its
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capabilities. To this end, there is no Minimum Commitment. However, you may only
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use your JUCE Personal to release Applications up to a Revenue Limit of $50,000
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(USD or currency conversion equivalent). This means that if gross revenue is
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generated or raised by you in the amount of $50,000 or more, which is gross
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revenue, without offsets of any kind and based on overall monies collected, then
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you may only continue to release your Application in connection with your JUCE
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Personal licence if (a) you license your Application as an open-source project
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under the GNU License, as further described in clause 1.9 below, or (b) you
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upgrade to JUCE Indie or JUCE Pro, as applicable. If you want to distribute your
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Application, but don’t want to release your Application under the GNU License,
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then you must upgrade to either JUCE Indie or JUCE Pro.
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JUCE Indie
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JUCE Indie is for smaller companies and teams generating less than a Revenue
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Limit of $500k per year in gross revenue or funding. Companies qualifying for
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JUCE Indie can acquire multiple licences for $40/month per developer under the
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subscription plan or $800 for a one-off perpetual licence per developer. We
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require a 1-month Minimum Commitment for the JUCE Indie subscription plan. You
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may release Applications with your JUCE Indie licence up to a Revenue Limit of
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$500,000. This means that if your company’s total gross revenue earned or raised
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exceeds $500,000, then you will be required to either upgrade to JUCE Pro,
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license your Application as an open-source project under the GNU License, or
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stop using the Framework and distributing your Applications.
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JUCE Pro
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JUCE Pro is for businesses and teams and is also offered as a per-developer
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licence, with a Fee required for each developer on a team or within a business
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who uses JUCE Pro. Companies can acquire the JUCE Pro license for $130/month per
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developer under the subscription plan or $2,600 for a one-off perpetual licence
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per developer. We require a 1-month Minimum Commitment for the JUCE Pro
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subscription plan. There is no Revenue Limit for use of JUCE Pro.
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JUCE Education
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JUCE Education is offered to bona fide educational institutions and comes with a
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number of seats as requested by the educational institution. JUCE Education is
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free and does not come with any Minimum Commitments or Revenue Limits. You agree
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to submit any requested documentation to show proof of a bona fide educational
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institute.
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What are the Projucer and the DemoRunner?
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The Projucer and DemoRunner are not to be confused with the JUCE Code. The
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Projucer is rather a Software project management tool to be used with the JUCE
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Code that helps you organize your Code. The DemoRunner is a simple app
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showcasing the capabilities of the JUCE Code. Both are included in your JUCE
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licence. The Projucer and the DemoRunner are referred to as “Software,” and the
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JUCE Code together with the Projucer and DemoRunner Software are collectively
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referred to as “Framework” throughout this Agreement.
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What is the GNU General Public License?
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If you exceed your Revenue Limit for JUCE Personal and don’t want to upgrade to
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a JUCE Indie or JUCE Pro license, then to distribute your Applications you must
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release the source code under the open-source GNU General Public License v.3 as
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described in this Agreement.
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During the term of this Agreement, you expressly acknowledge and agree that if
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you are a JUCE Personal, JUCE Indie user and the Revenue Limit thresholds,
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above, are exceeded, then you may no longer use that tier of the Framework to
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distribute Applications, and to continue distributing Applications you must
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either: (a) purchase a different JUCE licence (if eligible); (b) cease
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distributing your Applications; (c) license your Applications under the GNU
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License. We may monitor your compliance with and enforce these restrictions and
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requirements as described in clause 10.4 below.
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1. Grant and scope of Licence for the Framework
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1.1. We do not sell the Framework to you. The Framework is licensed to you as
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described in this Agreement and we remain the owners of the Framework at all
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times. Provided you adhere to the terms of this Agreement, including payment of
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Fees and Minimum Commitments, we grant you a non-exclusive, non-transferable
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(except as provided in clause 11.2 below) licence to download, develop, and
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modify the Code to enable the development of the Applications on the terms of
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this Agreement, and to download the Software to be used in connection with the
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Code.
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1.2. The following five JUCE modules are governed by the permissive ISC License:
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juce_core, juce_audio_devices, juce_audio_basics, juce_events, juce_blocks.
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1.3. Each JUCE licence includes New Features and Minor Updates for that specific
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JUCE license and all previous versions of JUCE, but does not include New
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Releases.
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1.4. Each JUCE licence comes with a specific number of seats for users to
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utilise the Framework, and you agree that only one user may utilise the
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Framework per seat offered in your specific JUCE licence for the purposes of
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coding and development. Note: if you have a JUCE Pro license and are installing
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JUCE on multiple computers and such computers are only being used for
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compilation and testing, such usage is included in your JUCE Pro license and no
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additional seats are required.
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1.5. You may not use a JUCE subscription licence to license Applications owned
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by a third party. Where the Licensee Content is not owned by the licence holder
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the licence holder must have a perpetual licence.
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1.6. You may not use JUCE Personal, JUCE Indie, JUCE Pro or JUCE Education
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simultaneously. You may not combine or integrate your Licensee Content developed
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with one tier of the Code (e.g., JUCE Personal) simultaneously with any of your
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Licensee Content that you develop with another tier (e.g., JUCE Indie or JUCE
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Pro).
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1.7. You may sell or distribute Applications using the Code that incorporates
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your Licensee Content to end users, provided that you adhere to the terms in
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this Agreement, including paying applicable Fees once you hit your Revenue
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Limit. You may not sell, sublicense, or otherwise distribute the Code or
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Software on their own.
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1.8. Where you have licensed JUCE Education, you may be requested to provide
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certain documentation before being approved, and RMS reserves the right in its
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sole discretion to decline authorization for JUCE Education.
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1.9. Remember, unless you upgrade to JUCE Indie or JUCE Pro, if you exceed the
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Revenue Limit for JUCE Personal and you want to continue distributing
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Applications, then you must do so under the GNU GPLv3 License. The GNU GPLv3 is
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an open-source licence and requires, among other things, that you make your
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source code available and license modified files and larger derived works
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(including all linked code) under the same terms of the GNU License. Please
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review the terms of the GNU GPLv3 License carefully.
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1.10. You may not create Applications directed toward Children, unless you fully
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comply with the COPPA rules, including without limitation obtaining verifiable
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parental consent, as further described in clause 10 below. You are responsible
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for any liabilities arising out of a violation of COPPA.
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1.11. Each particular type of JUCE license comes with certain features as
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described further in this chart, and you agree to only use the JUCE Framework as
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is allowed under your particular JUCE licence, including not removing the JUCE
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splash screen if you have the JUCE Personal or JUCE Education licence.
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2. Restrictions
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Except as expressly set out in this Agreement or as permitted by any local law,
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you undertake:
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2.1. not, in whole or in part, to copy the Framework except where such copying
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is incidental to normal use of the Framework;
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2.2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or
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modify the Framework nor permit the Framework or any part of it to be combined
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with, or become incorporated in, any other programs or frameworks;
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2.3. not to do anything that could cause or result in the Framework being
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subject to any open source licence (or similar licence) that requires as a
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condition of use, modification or distribution that the Framework or other
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software combined or distributed with the Framework be:
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2.3.1.disclosed or distributed in source code form; 2.3.2. licensed for the
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purpose of making derivative works; or 2.3.3. redistributable at no charge.
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please note if you are interested in an open source option, please review the
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JUCE Personal licence terms referenced in clause 1.9 above
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2.4. not to disassemble, de-compile, reverse engineer or create derivative works
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based on the whole or any part of the Framework nor attempt to do any such
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things except to the extent expressly permitted by applicable law;
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2.5. to maintain accurate and up-to-date records of the number and locations of
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all copies of the Framework;
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2.6. to comply with all applicable laws, including all technology control or
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export laws and regulations;
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2.7. to supervise and control use of the Framework and ensure that the Framework
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is used by your employees and representatives in accordance with the terms of
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this Agreement;
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2.8. not to use the Framework in connection with any Licensee Content,
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Application or otherwise that infringes or misappropriates any third party
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right, including any intellectual property, property, privacy, contract or other
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proprietary right or for any other illegal or immoral purpose;
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2.9. not to delete or in any manner alter any of our copyright, trademark or
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other proprietary rights notices or markings appearing on or in the Framework;
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2.10.not otherwise use, copy, transfer or distribute the Framework or part of
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it, except as expressly permitted by this Agreement, in any manner which is
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inconsistent with this Agreement.
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3. Fees and Minimum Commitments
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3.1. Where you have purchased a JUCE subscription licence, you agree to pay the
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subscription Fee from the first day of purchase, and recurring every month on
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the same day, for the Minimum Commitment, where applicable. Through purchasing a
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subscription you authorise RMS to send instructions to the financial institution
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that issued your payment card to take Fees from your card account in accordance
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with this Agreement.
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3.2. We may change the Fees associated with our subscription plans from time to
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time, or may upgrade a subscription license to the latest New Release of the
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Framework. These changes will be communicated to you in advance. Subject to
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applicable law, you accept the new Fee or New Release by continuing to use the
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Framework after the change has taken effect. You have the right to reject a Fee
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change or New Release by terminating your subscription prior to the change going
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into effect.
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3.3. Where you have purchased a perpetual licence you agree to pay the Fee as
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notified to you on the Website at the time you purchase your JUCE licence.
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3.4. All payments of Fees are non-refundable.
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3.5. All Fees payable under this Agreement are exclusive of VAT or any relevant
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local sales taxes, for which you shall be responsible.
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3.6. Without limiting all available remedies, in the event RMS discovers that
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you have been using the Code in breach of this Agreement, or have exceeded your
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Revenue Limit in breach of this Agreement, you shall be liable for the amount of
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Fees due if you had properly purchased a JUCE subscription licence, the amount
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of any audit, and internal administration costs in the amount of no less than
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£1,000.
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4. Support
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4.1. We shall have no obligation to provide support and maintenance services to
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you. You may participate in our online support forum in accordance with our
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forum policies in place from time to time. Further support and maintenance
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services may be offered at our sole discretion, and may be offered as a feature
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of the JUCE licence you purchase.
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4.2. You acknowledge and agree that we have no obligation under this Agreement
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to provide New Features, Minor Updates, or New Releases of the Framework.
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5. Intellectual Property Rights
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5.1. You acknowledge that all Intellectual Property Rights in the Framework and
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all copies thereof throughout the world belong to us, that rights in the
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Framework are licensed (not sold) to you, and that you have no rights in, or to,
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the Framework other than the right to use it in accordance with the terms of
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this Agreement.
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5.2. You shall own all modifications you make to the Code, and all Intellectual
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Property Rights therein, that are created and incorporated in the Application,
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subject to our continuing ownership of the Framework and all associated
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Intellectual Property Rights in the Framework.
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6. Disclaimer of Warranty
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6.1. The Framework is provided “as is” without warranty of any kind, including
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without limitation any warranties that the Framework or Application will be
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uninterrupted, error-free or otherwise free from infringement. All other
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conditions, warranties or other terms whether express or implied, or
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incorporated into this Agreement or any collateral contract, whether by statute,
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common law or otherwise, including without limitation warranty of
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merchantability or fitness for a particular purpose are hereby excluded to the
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fullest extent permitted by law, including the implied conditions, warranties or
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other terms as to satisfactory quality, fitness for purpose or the use of
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reasonable skill and care.
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6.2. You acknowledge that the Framework has not been developed to meet your
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individual requirements and that it is therefore your responsibility to ensure
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that the facilities and functions of the Framework meet your requirements.
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7. Limitation of Liability and Indemnification
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7.1. Neither RMS nor its parent company, subsidiaries, employees, partners or
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contractors shall in any circumstances whatsoever be liable to you, whether in
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contract, tort (including negligence), breach of statutory duty, or otherwise,
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arising under or in connection with this Agreement for any indirect,
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consequential or special loss or damage, including but not limited to, for:
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7.1.1. loss of profits, sales, business, or revenue; business interruption;
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7.1.2. loss of anticipated savings; 7.1.3. loss or corruption of content, data
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or information; 7.1.4. loss of business opportunity, goodwill or reputation;
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|
||||||
7.1.6. any indirect or consequential loss or damage; or 7.1.7. any computer
|
|
||||||
failure or malfunction, corruption to or loss of data or files, or any and all
|
|
||||||
other commercial damage or loss.
|
|
||||||
|
|
||||||
7.2. Nothing in this Agreement shall limit or exclude our liability for: 7.2.1.
|
|
||||||
death or personal injury resulting from our negligence; 7.2.2. fraud or
|
|
||||||
fraudulent misrepresentation; 7.2.3. any other liability that cannot be excluded
|
|
||||||
or limited by law.
|
|
||||||
|
|
||||||
7.3. Subject to clause 7.1 and 7.2, our maximum aggregate liability under or in
|
|
||||||
connection with this Agreement whether in contract, tort (including negligence)
|
|
||||||
or otherwise, shall in all circumstances be limited to the Fees paid by you to
|
|
||||||
RMS in the month before the claim arose or $15, whichever is greater.
|
|
||||||
|
|
||||||
7.4. You agree to indemnify, defend and hold us and our licensors, partners,
|
|
||||||
affiliates, contractors, officers, directors, employees and agents harmless from
|
|
||||||
any third party claims, liabilities, losses, costs and expenses (including legal
|
|
||||||
expenses) or otherwise arising directly or indirectly from (i) the Licensee
|
|
||||||
Content or your Applications; (ii) your use, handling, or operation of the
|
|
||||||
Framework otherwise than in accordance with this Agreement, or (iii) any
|
|
||||||
violation of applicable laws by you, including without limitation COPPA
|
|
||||||
violations.
|
|
||||||
|
|
||||||
7.5. This clause 7 shall survive and shall not be rendered ineffective by the
|
|
||||||
termination or expiry of this Agreement for whatever reason.
|
|
||||||
|
|
||||||
8. Term and Termination
|
|
||||||
|
|
||||||
8.1. Where you have purchased a JUCE perpetual licence, this Agreement shall
|
|
||||||
remain in effect in perpetuity for the version originally acquired (and any New
|
|
||||||
Features or Minor Updates acquired under that version) unless terminated by us
|
|
||||||
in advance in accordance with this Agreement.
|
|
||||||
|
|
||||||
8.2. Where you have purchased a JUCE subscription licence, this Agreement shall
|
|
||||||
remain in effect for the Minimum Commitment and shall renew automatically on a
|
|
||||||
monthly basis following expiry of the Minimum Commitment, subject to payment of
|
|
||||||
any applicable Fees.
|
|
||||||
|
|
||||||
8.3. Where you have licensed a JUCE Education licence, this Agreement shall
|
|
||||||
renew automatically on a monthly basis and remain in effect until the JUCE
|
|
||||||
Education licence is terminated or you no longer qualify for the JUCE Education
|
|
||||||
licence.
|
|
||||||
|
|
||||||
8.4. Where you have purchased a subscription licence and you fail to pay the
|
|
||||||
subscription Fee when it falls due then your JUCE licence will terminate. Where
|
|
||||||
your licence is terminated before the end of the Minimum Commitment then you, in
|
|
||||||
any event, are still responsible for paying the subscription Fee for the
|
|
||||||
remaining term of the Minimum Commitment.
|
|
||||||
|
|
||||||
8.5. We may terminate this Agreement immediately by written notice to you if you
|
|
||||||
commit a breach of this Agreement which you fail to remedy (if remediable)
|
|
||||||
within 14 days after written notice requiring you to do so.
|
|
||||||
|
|
||||||
8.6. Upon termination for any reason:
|
|
||||||
|
|
||||||
8.6.1. all rights granted to you under this Agreement shall cease, including
|
|
||||||
without limitation, the rights to deal with the Framework incorporated within
|
|
||||||
the Application; 8.6.2. you must cease all activities authorized by this
|
|
||||||
Agreement, including distribution of your Application that incorporates the
|
|
||||||
Framework;
|
|
||||||
|
|
||||||
9. Communications Between Us
|
|
||||||
|
|
||||||
9.1. If you wish to contact us in writing, or if any condition in this Agreement
|
|
||||||
requires you to give us notice in writing, you can send this to us by email at
|
|
||||||
info@juce.com. We will confirm receipt of this by contacting you by email.
|
|
||||||
|
|
||||||
9.2. If we have to contact you or give you notice in writing, we will do so by
|
|
||||||
the email associated with your JUCE licence or by pre-paid post to the address
|
|
||||||
you provide to us in your order for the Framework.
|
|
||||||
|
|
||||||
10. Data, Privacy and Publicity
|
|
||||||
|
|
||||||
10.1. We may collect and process information about you and your use of our
|
|
||||||
Framework, some of which may amount to personal data. Personal data will be
|
|
||||||
collected and processed in accordance with our Privacy Policy.
|
|
||||||
|
|
||||||
10.2. You may not use the Framework in connection with any Application that may
|
|
||||||
be “directed to children” as defined under the Children’s Online Privacy
|
|
||||||
Protection Act (“COPPA”) unless you fully comply with COPPA and all other
|
|
||||||
similar applicable laws. You are fully liable for, and will defend, hold
|
|
||||||
harmless and indemnify RMS and its affiliates against any and all liability
|
|
||||||
arising from or relating to COPPA in connection with any Application directed to
|
|
||||||
Children.
|
|
||||||
|
|
||||||
10.3. You agree that RMS may use your name and logo to publicize that you are
|
|
||||||
using the JUCE Framework in your Applications. You may opt out of this publicity
|
|
||||||
by emailing RMS at info@juce.com and we will use best efforts to remove all uses
|
|
||||||
of your name or logo within a commercially reasonable time.
|
|
||||||
|
|
||||||
10.4 To ensure compliance with this Agreement, you agree that within thirty (30)
|
|
||||||
days from the date of our request, you shall provide all pertinent records and
|
|
||||||
information requested in order to verify that your installation and use of any
|
|
||||||
and all Frameworks are in compliance with this Agreement, along with a signed
|
|
||||||
verification that all such information is complete and correct. You also agree
|
|
||||||
we may audit applicable records concerning your use of Framework during normal
|
|
||||||
business hours upon notice to you, at our cost, except in the event the audit
|
|
||||||
reveals an underpayment or breach of this Agreement, you shall be liable for the
|
|
||||||
cost of the audit.
|
|
||||||
|
|
||||||
11. Other Important Terms
|
|
||||||
|
|
||||||
11.1. We may transfer our rights and obligations under this Agreement to another
|
|
||||||
organisation, but this will not affect your rights or our obligations under this
|
|
||||||
Agreement.
|
|
||||||
|
|
||||||
11.2. You may transfer your rights or your obligations under this Agreement to
|
|
||||||
another person or entity provided that you are in full compliance with this
|
|
||||||
Agreement and provided that you first contact RMS in writing and follow the
|
|
||||||
required steps for transfer.
|
|
||||||
|
|
||||||
11.3.This Agreement and any document expressly referred to in it constitutes the
|
|
||||||
entire agreement between you and us. You acknowledge that you have not relied on
|
|
||||||
any statement, promise or representation made or given by or on behalf of us
|
|
||||||
which is not set out in this Agreement or any document expressly referred to in
|
|
||||||
it.
|
|
||||||
|
|
||||||
11.4. If we fail to insist that you perform any of your obligations under this
|
|
||||||
Agreement, or if we do not enforce our rights against you, or if we delay in
|
|
||||||
doing so, that will not mean that we have waived our rights against you and will
|
|
||||||
not mean that you do not have to comply with those obligations. If we do waive a
|
|
||||||
default by you, we will only do so in writing, and that will not mean that we
|
|
||||||
will automatically waive any later default by you.
|
|
||||||
|
|
||||||
11.5. Each of the conditions of this Agreement operates separately. If any court
|
|
||||||
or competent authority decides that any of them are unlawful or unenforceable,
|
|
||||||
the remaining conditions will remain in full force and effect.
|
|
||||||
|
|
||||||
11.6. Governing Law and Jurisdiction.
|
|
||||||
|
|
||||||
11.6.1. If you are a UK, EU, EEA or Swiss citizen, this Licence shall be
|
|
||||||
governed by the laws of England and Wales without regard to its conflict of law
|
|
||||||
rules and you consent to the exclusive jurisdiction of the courts located in
|
|
||||||
London, UK.
|
|
||||||
|
|
||||||
11.6.2. If you are a US citizen, this Licence shall be governed by the laws of
|
|
||||||
California without regard to its conflict of laws rules and you consent to the
|
|
||||||
exclusive jurisdiction of the state and federal courts located in Santa Clara
|
|
||||||
County.
|
|
||||||
|
|
||||||
11.6.3. If you live outside the US, UK and EU, EEA or Switzerland, you agree to
|
|
||||||
the laws and jurisdiction of California as noted above in clause 11.6.2 above.
|
|
||||||
|
|
||||||
11.6.4. You may have additional rights as a consumer under your local law.
|
|
||||||
|
|
||||||
12. Definitions. The definitions and rules of interpretation in this clause
|
|
||||||
apply in this Licence:
|
|
||||||
|
|
||||||
12.1. Application(s): desktop or mobile applications developed using the JUCE
|
|
||||||
Code, which incorporates the Licensee Content.
|
|
||||||
|
|
||||||
12.2. Code: means the JUCE 7 code, specifically, JUCE Personal, JUCE Pro, JUCE
|
|
||||||
Indie, JUCE Education, and any New Features and Minor Updates thereto.
|
|
||||||
|
|
||||||
12.3. COPPA: means the Children’s Online Privacy Protection Act of 1998, 15
|
|
||||||
U.S.C. 6501–6505, as may be updated and amended.
|
|
||||||
|
|
||||||
12.4. Children: mean children under the age of 13, or as otherwise defined by
|
|
||||||
applicable law.
|
|
||||||
|
|
||||||
12.5. Customizations: mean the enhancements, modifications, improvements, or any
|
|
||||||
other changes made by RMS to either JUCE or the Licensee code, as specified.
|
|
||||||
|
|
||||||
12.6. Fee: the licence fee payable by you to us for use of the Framework as
|
|
||||||
detailed further in clause 3 and on the Website.
|
|
||||||
|
|
||||||
12.7. GNU License: the GNU General Public License v.3, which governs the terms
|
|
||||||
of your JUCE Personal or Indie license if you exceed the Revenue Limit.
|
|
||||||
|
|
||||||
12.8. ISC License: the permissive ISC license, which governs the following five
|
|
||||||
modules: juce_core, juce_audio_devices, juce_audio_basics, juce_event,
|
|
||||||
juce_blocks.
|
|
||||||
|
|
||||||
12.9. Intellectual Property Rights: patents, utility models, rights to
|
|
||||||
inventions, copyright and related rights, trademarks and service marks, trade
|
|
||||||
names and domain names, rights in get-up, goodwill and the right to sue for
|
|
||||||
passing off or unfair competition, rights in designs, rights in computer
|
|
||||||
software, database rights, rights to preserve the confidentiality of information
|
|
||||||
(including know-how and trade secrets) and any other intellectual property
|
|
||||||
rights, including all applications for (and rights to apply for and be granted),
|
|
||||||
renewals or extensions of, and rights to claim priority from, such rights and
|
|
||||||
all similar or equivalent rights or forms of protection which subsist or will
|
|
||||||
subsist, now or in the future, in any part of the world.
|
|
||||||
|
|
||||||
12.10. Licensee Content: any content created, owned or used by the Licensee in
|
|
||||||
connection with the Framework.
|
|
||||||
|
|
||||||
12.11. Minimum Commitment: the minimum length of time you must license your JUCE
|
|
||||||
Code in order to be eligible for the JUCE licence, depending on the type of your
|
|
||||||
JUCE licence.
|
|
||||||
|
|
||||||
12.12. Minor Update: any release of bug fixes and small improvements within the
|
|
||||||
same version of the JUCE Framework licensed by you (e.g., JUCE 7.1.1 to JUCE
|
|
||||||
7.1.2).
|
|
||||||
|
|
||||||
12.13. New Features: any release of a new feature within the same version of the
|
|
||||||
JUCE Framework licensed by you (e.g., JUCE 7.1 to JUCE 7.2), but not including
|
|
||||||
New Releases or other features not included in your specific type of JUCE
|
|
||||||
license.
|
|
||||||
|
|
||||||
12.14. New Releases: any new release of a new version of the JUCE Framework,
|
|
||||||
that is not included in this license Agreement, which contains such significant
|
|
||||||
differences from the previous versions as to be generally accepted in the
|
|
||||||
marketplace as constituting a new product (e.g., JUCE 7 to JUCE 8).
|
|
||||||
|
|
||||||
12.15. Framework: the Code and Software.
|
|
||||||
|
|
||||||
12.16. Revenue Limit: the total gross annual revenue limit in USD (or the
|
|
||||||
currency conversion equivalent thereof), of a business, whether it be a sole
|
|
||||||
trader, team, or registered company, which shall be calculated as any and all
|
|
||||||
revenue raised, donated towards, earned, or otherwise received in connection
|
|
||||||
with your business, whether or not in connection with your Applications, before
|
|
||||||
your JUCE licence requires either payment or separate license terms.
|
|
||||||
|
|
||||||
12.17. Software: the Projucer software management tool to be used with the JUCE
|
|
||||||
Code that helps you organize your Code and any New Features and Minor Updates
|
|
||||||
thereto, and the DemoRunner software and any New Features and Minor Updates
|
|
||||||
thereto.
|
|
||||||
|
|
||||||
12.19. Website: means juce.com, and its associated web pages.
|
|
||||||
|
|
||||||
12.20. Distributing/Releasing applications: To distribute/release an Application
|
|
||||||
means to provide copies of the Application to end users. You are free to develop
|
|
||||||
Applications and make modifications to copies of JUCE and use them privately,
|
|
||||||
without ever releasing/distributing them. This applies to organizations
|
|
||||||
(including companies), too; an organization can make Applications and modified
|
|
||||||
versions of JUCE and use them internally without ever releasing/distributing
|
|
||||||
them outside the organization.
|
|
546
licenses/juce-6
546
licenses/juce-6
@ -1,546 +0,0 @@
|
|||||||
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING
|
|
||||||
THE SOFTWARE:
|
|
||||||
|
|
||||||
Welcome to JUCE 6! This JUCE 6 end-user licence agreement (Agreement) is a legal
|
|
||||||
agreement between you (Licensee or you) and Raw Material Software Limited (RMS,
|
|
||||||
Licensor, us or we) for the JUCE 6 Framework, which includes both the JUCE Code
|
|
||||||
and the Projucer and DemoRunner Software, and the associated media. For the pur
|
|
||||||
poses of this Agreement, JUCE Personal, JUCE Pro, JUCE Indie, JUCE Education, sh
|
|
||||||
all be described as "Code", and Projucer and DemoRunner shall be described a
|
|
||||||
s "Software" and the Code and Software may be described as "Framework".
|
|
||||||
Users of JUCE 5 should refer to the JUCE 5 End-User License Agreement. Users of
|
|
||||||
JUCE 4 should refer to the JUCE 4 End-User License Agreement.
|
|
||||||
|
|
||||||
IMPORTANT NOTICE TO ALL USERS:
|
|
||||||
|
|
||||||
BY CLICKING ON THE "ACCEPT" BUTTON LINKING TO THESE TERMS, OR BY DOWNLOADING
|
|
||||||
, INSTALLING OR USING THE JUCE FRAMEWORK, YOU AGREE TO THE TERMS OF THIS AGREEME
|
|
||||||
NT, AND ALL INCORPORATED TERMS INCLUDING THE JUCE PRIVACY POLICY AND WEBSITE TER
|
|
||||||
MS OF SERVICE, AS APPLICABLE, WHICH WILL BIND YOU.
|
|
||||||
|
|
||||||
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, WE WILL NOT LICENSE THE
|
|
||||||
JUCE FRAMEWORK TO YOU AND YOU MUST DISCONTINUE THE INSTALLATION OR DOWNLOAD PROC
|
|
||||||
ESS OR CEASE USE OF THE JUCE FRAMEWORK.
|
|
||||||
|
|
||||||
If you are accepting the terms of this Agreement on behalf of a company or o
|
|
||||||
ther legal entity, you represent and warrant that you have the authority to bind
|
|
||||||
that company or other legal entity to the terms of this Agreement and, in such
|
|
||||||
event, "you" and "Licensee" will refer to that company or other legal en
|
|
||||||
tity.
|
|
||||||
You affirm that you are at least 18 years of age. If you are not 18 years of
|
|
||||||
age but you are at least the age of 13, you may use the JUCE Framework only if
|
|
||||||
your parent or guardian agrees to be bound by this Agreement. Parents and guardi
|
|
||||||
ans of users under the age of 18 agree to the terms of this Agreement, and any r
|
|
||||||
eference to "you" shall include the parent or guardian.
|
|
||||||
|
|
||||||
You should print a copy of this Licence for future reference.
|
|
||||||
|
|
||||||
Each JUCE licence comes with similar, yet slightly different features, which are
|
|
||||||
fully explained in the chart found here. A truncated version of the chart is fo
|
|
||||||
und directly below.
|
|
||||||
JUCE Personal Free JUCE Indie $40 JUCE Pro $130 Education Free
|
|
||||||
Splash screen 'Made with JUCE' splashscreen Custom animation or none
|
|
||||||
Custom animation or none 'Made with JUCE' splash screen
|
|
||||||
Revenue or funding limit $50k $500k No limit No limit
|
|
||||||
Minimum commitment 1 month 1 month
|
|
||||||
One-off perpetual price $800 $2,600
|
|
||||||
|
|
||||||
Each type of JUCE licence also comes with different Minimum Commitments, Revenue
|
|
||||||
Limits and Fees, as discussed below.
|
|
||||||
|
|
||||||
REVENUE LIMITS AND MINIMUM COMMITMENTS
|
|
||||||
|
|
||||||
There are different licences and options for use of the JUCE Code, and each lice
|
|
||||||
nce has different Minimum Commitments, Revenue Limits and features. To see the f
|
|
||||||
ull set of features and functionality of each licence, please visit https://shop
|
|
||||||
.juce.com/get-juce. The following describes the Minimum Commitments and Revenue
|
|
||||||
Limits for each licence. Revenue Limits are based on gross revenue, meaning all
|
|
||||||
monies collected, including through funding, whether it be received in connectio
|
|
||||||
n with your JUCE Applications or not, without offsets of any kind.
|
|
||||||
|
|
||||||
JUCE Personal
|
|
||||||
|
|
||||||
JUCE Personal comes with one licence seat and aims to provide individuals with t
|
|
||||||
he opportunity to utilize JUCE free of charge. We provide this licensing option
|
|
||||||
to grow the base of developers who can engage with JUCE and explore its capabili
|
|
||||||
ties. To this end, there is no Minimum Commitment. However, you may only use you
|
|
||||||
r JUCE Personal to release Applications up to a Revenue Limit of $50,000 (USD or
|
|
||||||
currency conversion equivalent). This means that if gross revenue is generated
|
|
||||||
or raised by you in the amount of $50,000 or more, which is gross revenue, witho
|
|
||||||
ut offsets of any kind and based on overall monies collected, then you may only
|
|
||||||
continue to release your Application in connection with your JUCE Personal licen
|
|
||||||
ce if (a) you license your Application as an open-source project under the GNU L
|
|
||||||
icense, as further described in clause 1.8 below, or (b) you upgrade to JUCE Ind
|
|
||||||
ie or JUCE Pro, as applicable. If you want to distribute your Application, but d
|
|
||||||
on't want to release your Application under the GNU License, then you must upg
|
|
||||||
rade to either JUCE Indie or JUCE Pro.
|
|
||||||
|
|
||||||
JUCE Indie
|
|
||||||
|
|
||||||
JUCE Indie is for smaller companies and teams generating less than a Revenue Lim
|
|
||||||
it of $500k per year in gross revenue or funding. Companies qualifying for JUCE
|
|
||||||
Indie can acquire multiple licences for $40/month per developer under the subscr
|
|
||||||
iption plan or $800 for a one-off perpetual licence per developer. We require a
|
|
||||||
1-month Minimum Commitment for the JUCE Indie subscription plan. You may release
|
|
||||||
Applications with your JUCE Indie licence up to a Revenue Limit of $500,000. Th
|
|
||||||
is means that if your company's total gross revenue earned or raised exceeds $
|
|
||||||
500,000, then you will be required to either upgrade to JUCE Pro, license your A
|
|
||||||
pplication as an open-source project under the GNU License, or stop using the Fr
|
|
||||||
amework and distributing your Applications.
|
|
||||||
|
|
||||||
JUCE Pro
|
|
||||||
|
|
||||||
JUCE Pro is for businesses and teams and is also offered as a per-developer lice
|
|
||||||
nce, with a Fee required for each developer on a team or within a business who u
|
|
||||||
ses JUCE Pro. Companies can acquire the JUCE Pro license for $130/month per deve
|
|
||||||
loper under the subscription plan or $2,600 for a one-off perpetual licence per
|
|
||||||
developer. We require a 1-month Minimum Commitment for the JUCE Pro subscription
|
|
||||||
plan. There is no Revenue Limit for use of JUCE Pro.
|
|
||||||
|
|
||||||
JUCE Education
|
|
||||||
|
|
||||||
JUCE Education is offered to bona fide educational institutions and comes with a
|
|
||||||
number of seats as requested by the educational institution. JUCE Education is
|
|
||||||
free and does not come with any Minimum Commitments or Revenue Limits. You agree
|
|
||||||
to submit any requested documentation to show proof of a bona fide educational
|
|
||||||
institute.
|
|
||||||
|
|
||||||
What are the Projucer and the DemoRunner?
|
|
||||||
|
|
||||||
The Projucer and DemoRunner are not to be confused with the JUCE Code. The Proju
|
|
||||||
cer is rather a Software project management tool to be used with the JUCE Code t
|
|
||||||
hat helps you organize your Code. The DemoRunner is a simple app showcasing the
|
|
||||||
capabilities of the JUCE Code. Both are included in your JUCE licence. The Proju
|
|
||||||
cer and the DemoRunner are referred to as "Software," and the JUCE Code toge
|
|
||||||
ther with the Projucer and DemoRunner Software are collectively referred to as â
|
|
||||||
€œFramework" throughout this Agreement.
|
|
||||||
|
|
||||||
What is the GNU General Public License?
|
|
||||||
|
|
||||||
If you exceed your Revenue Limit for JUCE Personal and don't want to upgrade t
|
|
||||||
o a JUCE Indie or JUCE Pro license, then to distribute your Applications you mus
|
|
||||||
t release the source code under the open-source GNU General Public License v.3 a
|
|
||||||
s described in this Agreement.
|
|
||||||
|
|
||||||
During the term of this Agreement, you expressly acknowledge and agree that if y
|
|
||||||
ou are a JUCE Personal, JUCE Indie user and the Revenue Limit thresholds, above,
|
|
||||||
are exceeded, then you may no longer use that tier of the Framework to distribu
|
|
||||||
te Applications, and to continue distributing Applications you must either: (a)
|
|
||||||
purchase a different JUCE licence (if eligible); (b) cease distributing your App
|
|
||||||
lications; (c) license your Applications under the GNU License. We may monitor y
|
|
||||||
our compliance with and enforce these restrictions and requirements as described
|
|
||||||
in clause 10.4 below.
|
|
||||||
|
|
||||||
1. Grant and scope of Licence for the Framework
|
|
||||||
|
|
||||||
1.1. We do not sell the Framework to you. The Framework is licensed to you as de
|
|
||||||
scribed in this Agreement and we remain the owners of the Framework at all times
|
|
||||||
. Provided you adhere to the terms of this Agreement, including payment of Fees
|
|
||||||
and Minimum Commitments, we grant you a non-exclusive, non-transferable (except
|
|
||||||
as provided in clause 11.2 below) licence to download, develop, and modify the C
|
|
||||||
ode to enable the development of the Applications on the terms of this Agreement
|
|
||||||
, and to download the Software to be used in connection with the Code.
|
|
||||||
|
|
||||||
1.2. The following five JUCE modules are governed by the permissive ISC License:
|
|
||||||
juce_core, juce_audio_devices, juce_audio_basics, juce_events, juce_blocks.
|
|
||||||
|
|
||||||
1.3. Each JUCE licence includes New Features and Minor Updates for that specific
|
|
||||||
JUCE license and all previous versions of JUCE, but does not include New Releas
|
|
||||||
es.
|
|
||||||
|
|
||||||
1.4. Each JUCE licence comes with a specific number of seats for users to utilis
|
|
||||||
e the Framework, and you agree that only one user may utilise the Framework per
|
|
||||||
seat offered in your specific JUCE licence for the purposes of coding and develo
|
|
||||||
pment. Note: if you have a JUCE Pro license and are installing JUCE on multiple
|
|
||||||
computers and such computers are only being used for compilation and testing, su
|
|
||||||
ch usage is included in your JUCE Pro license and no additional seats are requir
|
|
||||||
ed.
|
|
||||||
|
|
||||||
1.5. You may not use JUCE Personal, JUCE Indie, JUCE Pro or JUCE Education simul
|
|
||||||
taneously. You may not combine or integrate your Licensee Content developed with
|
|
||||||
one tier of the Code (e.g., JUCE Personal) simultaneously with any of your Lice
|
|
||||||
nsee Content that you develop with another tier (e.g., JUCE Indie or JUCE Pro).
|
|
||||||
|
|
||||||
1.6. You may sell or distribute Applications using the Code that incorporates yo
|
|
||||||
ur Licensee Content to end users, provided that you adhere to the terms in this
|
|
||||||
Agreement, including paying applicable Fees once you hit your Revenue Limit. You
|
|
||||||
may not sell, sublicense, or otherwise distribute the Code or Software on their
|
|
||||||
own.
|
|
||||||
|
|
||||||
1.7. Where you have licensed JUCE Education, you may be requested to provide cer
|
|
||||||
tain documentation before being approved, and RMS reserves the right in its sole
|
|
||||||
discretion to decline authorization for JUCE Education.
|
|
||||||
|
|
||||||
1.8. Remember, unless you upgrade to JUCE Indie or JUCE Pro, if you exceed the R
|
|
||||||
evenue Limit for JUCE Personal and you want to continue distributing Application
|
|
||||||
s, then you must do so under the GNU GPLv3 License. The GNU GPLv3 is an open-sou
|
|
||||||
rce licence and requires, among other things, that you make your source code ava
|
|
||||||
ilable and license modified files and larger derived works (including all linked
|
|
||||||
code) under the same terms of the GNU License. Please review the terms of the G
|
|
||||||
NU GPLv3 License carefully.
|
|
||||||
|
|
||||||
1.9 You may not create Applications directed toward Children, unless you fully c
|
|
||||||
omply with the COPPA rules, including without limitation obtaining verifiable pa
|
|
||||||
rental consent, as further described in clause 10 below. You are responsible for
|
|
||||||
any liabilities arising out of a violation of COPPA.
|
|
||||||
|
|
||||||
1.10. Each particular type of JUCE license comes with certain features as descri
|
|
||||||
bed further in this chart, and you agree to only use the JUCE Framework as is al
|
|
||||||
lowed under your particular JUCE licence, including not removing the JUCE splash
|
|
||||||
screen if you have the JUCE Personal or JUCE Education license.
|
|
||||||
|
|
||||||
2. Restrictions
|
|
||||||
|
|
||||||
Except as expressly set out in this Agreement or as permitted by any local law,
|
|
||||||
you undertake:
|
|
||||||
|
|
||||||
2.1. not, in whole or in part, to copy the Framework except where such copying i
|
|
||||||
s incidental to normal use of the Framework;
|
|
||||||
|
|
||||||
2.2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or mod
|
|
||||||
ify the Framework nor permit the Framework or any part of it to be combined with
|
|
||||||
, or become incorporated in, any other programs or frameworks;
|
|
||||||
|
|
||||||
2.3. not to do anything that could cause or result in the Framework being subjec
|
|
||||||
t to any open source licence (or similar licence) that requires as a condition o
|
|
||||||
f use, modification or distribution that the Framework or other software combine
|
|
||||||
d or distributed with the Framework be:
|
|
||||||
|
|
||||||
2.3.1.disclosed or distributed in source code form; 2.3.2. licensed for the purp
|
|
||||||
ose of making derivative works; or 2.3.3. redistributable at no charge.
|
|
||||||
|
|
||||||
[please note if you are interested in an open source option, please review the J
|
|
||||||
UCE Personal licence terms referenced in clause 1.8 above]
|
|
||||||
|
|
||||||
2.4. not to disassemble, de-compile, reverse engineer or create derivative works
|
|
||||||
based on the whole or any part of the Framework nor attempt to do any such thin
|
|
||||||
gs except to the extent expressly permitted by applicable law;
|
|
||||||
|
|
||||||
2.5. to maintain accurate and up-to-date records of the number and locations of
|
|
||||||
all copies of the Framework;
|
|
||||||
|
|
||||||
2.6. to comply with all applicable laws, including all technology control or exp
|
|
||||||
ort laws and regulations;
|
|
||||||
|
|
||||||
2.7. to supervise and control use of the Framework and ensure that the Framework
|
|
||||||
is used by your employees and representatives in accordance with the terms of t
|
|
||||||
his Agreement;
|
|
||||||
|
|
||||||
2.8. not to use the Framework in connection with any Licensee Content, Applicati
|
|
||||||
on or otherwise that infringes or misappropriates any third party right, includi
|
|
||||||
ng any intellectual property, property, privacy, contract or other proprietary r
|
|
||||||
ight or for any other illegal or immoral purpose;
|
|
||||||
|
|
||||||
2.9. not to delete or in any manner alter any of our copyright, trademark or oth
|
|
||||||
er proprietary rights notices or markings appearing on or in the Framework;
|
|
||||||
|
|
||||||
2.10.not otherwise use, copy, transfer or distribute the Framework or part of it
|
|
||||||
, except as expressly permitted by this Agreement, in any manner which is incons
|
|
||||||
istent with this Agreement.
|
|
||||||
|
|
||||||
3. Fees and Minimum Commitments.
|
|
||||||
|
|
||||||
3.1. Where you have purchased a JUCE subscription licence, you agree to pay the
|
|
||||||
subscription Fee from the first day of purchase, and recurring every month on th
|
|
||||||
e same day, for the Minimum Commitment, where applicable. Through purchasing a s
|
|
||||||
ubscription you authorise RMS to send instructions to the financial institution
|
|
||||||
that issued your payment card to take Fees from your card account in accordance
|
|
||||||
with this Agreement.
|
|
||||||
|
|
||||||
3.2. We may change the Fees associated with our subscription plans from time to
|
|
||||||
time, or may upgrade a subscription license to the latest New Release of the Fra
|
|
||||||
mework. These changes will be communicated to you in advance. Subject to applica
|
|
||||||
ble law, you accept the new Fee or New Release by continuing to use the Framewor
|
|
||||||
k after the change has taken effect. You have the right to reject a Fee change o
|
|
||||||
r New Release by terminating your subscription prior to the change going into ef
|
|
||||||
fect.
|
|
||||||
|
|
||||||
3.3. Where you have purchased a perpetual licence you agree to pay the Fee as no
|
|
||||||
tified to you on the Website at the time you purchase your JUCE licence.
|
|
||||||
|
|
||||||
3.4. All payments of Fees are non-refundable.
|
|
||||||
|
|
||||||
3.5. All Fees payable under this Agreement are exclusive of VAT or any relevant
|
|
||||||
local sales taxes, for which you shall be responsible.
|
|
||||||
|
|
||||||
3.6. Without limiting all available remedies, in the event RMS discovers that yo
|
|
||||||
u have exceeded your Revenue Limit in breach of this Agreement, you shall be lia
|
|
||||||
ble for the amount of Fees due if you had properly purchased a JUCE licence, the
|
|
||||||
amount of any audit, and internal administration costs in the amount of no less
|
|
||||||
than £1,000.
|
|
||||||
|
|
||||||
4. Support
|
|
||||||
|
|
||||||
4.1. We shall have no obligation to provide support and maintenance services to
|
|
||||||
you. You may participate in our online support forum in accordance with our foru
|
|
||||||
m policies in place from time to time. Further support and maintenance services
|
|
||||||
may be offered at our sole discretion, and may be offered as a feature of the JU
|
|
||||||
CE licence you purchase.
|
|
||||||
|
|
||||||
4.2. You acknowledge and agree that we have no obligation under this Agreement t
|
|
||||||
o provide New Features, Minor Updates, or New Releases of the Framework.
|
|
||||||
|
|
||||||
5. Intellectual Property Rights
|
|
||||||
|
|
||||||
5.1. You acknowledge that all Intellectual Property Rights in the Framework and
|
|
||||||
all copies thereof throughout the world belong to us, that rights in the Framewo
|
|
||||||
rk are licensed (not sold) to you, and that you have no rights in, or to, the Fr
|
|
||||||
amework other than the right to use it in accordance with the terms of this Agre
|
|
||||||
ement.
|
|
||||||
|
|
||||||
5.2. You shall own all modifications you make to the Code, and all Intellectual
|
|
||||||
Property Rights therein, that are created and incorporated in the Application, s
|
|
||||||
ubject to our continuing ownership of the Framework and all associated Intellect
|
|
||||||
ual Property Rights in the Framework.
|
|
||||||
|
|
||||||
6. DISCLAIMER OF WARRANTY
|
|
||||||
|
|
||||||
6.1. The Framework is provided "as is" without warranty of any kind, includi
|
|
||||||
ng without limitation any warranties that the Framework or Application will be u
|
|
||||||
ninterrupted, error-free or otherwise free from infringement. All other conditio
|
|
||||||
ns, warranties or other terms whether express or implied, or incorporated into t
|
|
||||||
his Agreement or any collateral contract, whether by statute, common law or othe
|
|
||||||
rwise, including without limitation warranty of merchantability or fitness for a
|
|
||||||
particular purpose are hereby excluded to the fullest extent permitted by law,
|
|
||||||
including the implied conditions, warranties or other terms as to satisfactory q
|
|
||||||
uality, fitness for purpose or the use of reasonable skill and care.
|
|
||||||
|
|
||||||
6.2. You acknowledge that the Framework has not been developed to meet your indi
|
|
||||||
vidual requirements and that it is therefore your responsibility to ensure that
|
|
||||||
the facilities and functions of the Framework meet your requirements.
|
|
||||||
|
|
||||||
7. LIMITATION OF LIABILITY AND INDEMNIFICATION
|
|
||||||
|
|
||||||
7.1. Neither RMS nor its parent company, subsidiaries, employees, partners or co
|
|
||||||
ntractors shall in any circumstances whatsoever be liable to you, whether in con
|
|
||||||
tract, tort (including negligence), breach of statutory duty, or otherwise, aris
|
|
||||||
ing under or in connection with this Agreement for any indirect, consequential o
|
|
||||||
r special loss or damage, including but not limited to, for:
|
|
||||||
|
|
||||||
7.1.1. loss of profits, sales, business, or revenue; business interruption; 7.1.
|
|
||||||
2. loss of anticipated savings; 7.1.3. loss or corruption of content, data or in
|
|
||||||
formation; 7.1.4. loss of business opportunity, goodwill or reputation; 7.1.6. a
|
|
||||||
ny indirect or consequential loss or damage; or 7.1.7. any computer failure or m
|
|
||||||
alfunction, corruption to or loss of data or files, or any and all other commerc
|
|
||||||
ial damage or loss.
|
|
||||||
|
|
||||||
7.2. Nothing in this Agreement shall limit or exclude our liability for: 7.2.1.
|
|
||||||
death or personal injury resulting from our negligence; 7.2.2. fraud or fraudule
|
|
||||||
nt misrepresentation; 7.2.3. any other liability that cannot be excluded or limi
|
|
||||||
ted by law.
|
|
||||||
|
|
||||||
7.3. Subject to clause 7.1 and 7.2, our maximum aggregate liability under or in
|
|
||||||
connection with this Agreement whether in contract, tort (including negligence)
|
|
||||||
or otherwise, shall in all circumstances be limited to the Fees paid by you to R
|
|
||||||
MS in the month before the claim arose or $15, whichever is greater.
|
|
||||||
|
|
||||||
7.4. You agree to indemnify, defend and hold us and our licensors, partners, aff
|
|
||||||
iliates, contractors, officers, directors, employees and agents harmless from an
|
|
||||||
y third party claims, liabilities, losses, costs and expenses (including legal e
|
|
||||||
xpenses) or otherwise arising directly or indirectly from (i) the Licensee Conte
|
|
||||||
nt or your Applications; (ii) your use, handling, or operation of the Framework
|
|
||||||
otherwise than in accordance with this Agreement, or (iii) any violation of appl
|
|
||||||
icable laws by you, including without limitation COPPA violations.
|
|
||||||
|
|
||||||
7.5. This clause 7 shall survive and shall not be rendered ineffective by the te
|
|
||||||
rmination or expiry of this Agreement for whatever reason.
|
|
||||||
|
|
||||||
8. Term and Termination
|
|
||||||
|
|
||||||
8.1. Where you have purchased a JUCE perpetual licence, this Agreement shall rem
|
|
||||||
ain in effect in perpetuity for the version originally acquired (and any New Fea
|
|
||||||
tures or Minor Updates acquired under that version) unless terminated by us in a
|
|
||||||
dvance in accordance with this Agreement.
|
|
||||||
|
|
||||||
8.2. Where you have purchased a JUCE subscription licence, this Agreement shall
|
|
||||||
remain in effect for the Minimum Commitment and shall renew automatically on a m
|
|
||||||
onthly basis following expiry of the Minimum Commitment, subject to payment of a
|
|
||||||
ny applicable Fees.
|
|
||||||
|
|
||||||
8.3. Where you have licensed a JUCE Education licence, this Agreement shall rene
|
|
||||||
w automatically on a monthly basis and remain in effect until the JUCE Education
|
|
||||||
licence is terminated or you no longer qualify for the JUCE Education licence.
|
|
||||||
|
|
||||||
8.4. Where you have purchased a subscription licence and you fail to pay the sub
|
|
||||||
scription Fee when it falls due then your JUCE licence will terminate. Where you
|
|
||||||
r licence is terminated before the end of the Minimum Commitment then you, in an
|
|
||||||
y event, are still responsible for paying the subscription Fee for the remaining
|
|
||||||
term of the Minimum Commitment.
|
|
||||||
|
|
||||||
8.5. We may terminate this Agreement immediately by written notice to you if you
|
|
||||||
commit a breach of this Agreement which you fail to remedy (if remediable) with
|
|
||||||
in 14 days after written notice requiring you to do so.
|
|
||||||
|
|
||||||
8.6. Upon termination for any reason:
|
|
||||||
|
|
||||||
8.6.1. all rights granted to you under this Agreement shall cease, including wit
|
|
||||||
hout limitation, the rights to deal with the Framework incorporated within the A
|
|
||||||
pplication; 8.6.2. you must cease all activities authorized by this Agreement, i
|
|
||||||
ncluding distribution of your Application that incorporates the Framework;
|
|
||||||
|
|
||||||
9. Communications Between Us
|
|
||||||
|
|
||||||
9.1. If you wish to contact us in writing, or if any condition in this Agreement
|
|
||||||
requires you to give us notice in writing, you can send this to us by email at
|
|
||||||
info@juce.com. We will confirm receipt of this by contacting you by email.
|
|
||||||
|
|
||||||
9.2. If we have to contact you or give you notice in writing, we will do so by t
|
|
||||||
he email associated with your JUCE licence or by pre-paid post to the address yo
|
|
||||||
u provide to us in your order for the Framework.
|
|
||||||
|
|
||||||
10. Data, Privacy and Publicity
|
|
||||||
|
|
||||||
10.1. We may collect and process information about you and your use of our Frame
|
|
||||||
work, some of which may amount to personal data. Personal data will be collected
|
|
||||||
and processed in accordance with our Privacy Policy.
|
|
||||||
|
|
||||||
10.2. You may not use the Framework in connection with any Application that may
|
|
||||||
be "directed to children" as defined under the Children's Online Privacy P
|
|
||||||
rotection Act ("COPPA") unless you fully comply with COPPA and all other sim
|
|
||||||
ilar applicable laws. You are fully liable for, and will defend, hold harmless a
|
|
||||||
nd indemnify RMS and its affiliates against any and all liability arising from o
|
|
||||||
r relating to COPPA in connection with any Application directed to Children.
|
|
||||||
|
|
||||||
10.3. You agree that RMS may use your name and logo to publicize that you are us
|
|
||||||
ing the JUCE Framework in your Applications. You may opt out of this publicity b
|
|
||||||
y emailing RMS at info@juce.com and we will use best efforts to remove all uses
|
|
||||||
of your name or logo within a commercially reasonable time.
|
|
||||||
|
|
||||||
10.4 To ensure compliance with this Agreement, you agree that within thirty (30)
|
|
||||||
days from the date of our request, you shall provide all pertinent records and
|
|
||||||
information requested in order to verify that your installation and use of any a
|
|
||||||
nd all Frameworks are in compliance with this Agreement, along with a signed ver
|
|
||||||
ification that all such information is complete and correct. You also agree we m
|
|
||||||
ay audit applicable records concerning your use of Framework during normal busin
|
|
||||||
ess hours upon notice to you, at our cost, except in the event the audit reveals
|
|
||||||
an underpayment or breach of this Agreement, you shall be liable for the cost o
|
|
||||||
f the audit.
|
|
||||||
|
|
||||||
11. Other Important Terms
|
|
||||||
|
|
||||||
11.1. We may transfer our rights and obligations under this Agreement to another
|
|
||||||
organisation, but this will not affect your rights or our obligations under thi
|
|
||||||
s Agreement.
|
|
||||||
|
|
||||||
11.2. You may transfer your rights or your obligations under this Agreement to a
|
|
||||||
nother person or entity provided that you are in full compliance with this Agree
|
|
||||||
ment and provided that you first contact RMS in writing and follow the required
|
|
||||||
steps for transfer.
|
|
||||||
|
|
||||||
11.3.This Agreement and any document expressly referred to in it constitutes the
|
|
||||||
entire agreement between you and us. You acknowledge that you have not relied o
|
|
||||||
n any statement, promise or representation made or given by or on behalf of us w
|
|
||||||
hich is not set out in this Agreement or any document expressly referred to in i
|
|
||||||
t.
|
|
||||||
|
|
||||||
11.4. If we fail to insist that you perform any of your obligations under this A
|
|
||||||
greement, or if we do not enforce our rights against you, or if we delay in doin
|
|
||||||
g so, that will not mean that we have waived our rights against you and will not
|
|
||||||
mean that you do not have to comply with those obligations. If we do waive a de
|
|
||||||
fault by you, we will only do so in writing, and that will not mean that we will
|
|
||||||
automatically waive any later default by you.
|
|
||||||
|
|
||||||
11.5. Each of the conditions of this Agreement operates separately. If any court
|
|
||||||
or competent authority decides that any of them are unlawful or unenforceable,
|
|
||||||
the remaining conditions will remain in full force and effect.
|
|
||||||
|
|
||||||
11.6. Governing Law and Jurisdiction.
|
|
||||||
|
|
||||||
11.6.1. If you are a UK, EU, EEA or Swiss citizen, this Licence shall be governe
|
|
||||||
d by the laws of England and Wales without regard to its conflict of law rules a
|
|
||||||
nd you consent to the exclusive jurisdiction of the courts located in London, UK
|
|
||||||
.
|
|
||||||
|
|
||||||
11.6.2. If you are a US citizen, this Licence shall be governed by the laws of C
|
|
||||||
alifornia without regard to its conflict of laws rules and you consent to the ex
|
|
||||||
clusive jurisdiction of the state and federal courts located in Santa Clara Coun
|
|
||||||
ty.
|
|
||||||
|
|
||||||
11.6.3. If you live outside the US, UK and EU, EEA or Switzerland, you agree to
|
|
||||||
the laws and jurisdiction of California as noted above in clause 11.6.2 above.
|
|
||||||
|
|
||||||
11.6.4. You may have additional rights as a consumer under your local law.
|
|
||||||
|
|
||||||
12. Definitions. The definitions and rules of interpretation in this clause appl
|
|
||||||
y in this Licence:
|
|
||||||
|
|
||||||
12.1. Application(s): desktop or mobile applications developed using the JUCE Co
|
|
||||||
de, which incorporates the Licensee Content.
|
|
||||||
|
|
||||||
12.2. Code: means the JUCE 6 code, specifically, JUCE Personal, JUCE Pro, JUCE I
|
|
||||||
ndie, JUCE Education, and any New Features and Minor Updates thereto.
|
|
||||||
|
|
||||||
12.3. COPPA: means the Children's Online Privacy Protection Act of 1998, 15 U.
|
|
||||||
S.C. 6501–6505, as may be updated and amended.
|
|
||||||
|
|
||||||
12.4. Children: mean children under the age of 13, or as otherwise defined by ap
|
|
||||||
plicable law.
|
|
||||||
|
|
||||||
12.5. Customizations: mean the enhancements, modifications, improvements, or any
|
|
||||||
other changes made by RMS to either JUCE or the Licensee code, as specified.
|
|
||||||
|
|
||||||
12.6. Fee: the licence fee payable by you to us for use of the Framework as deta
|
|
||||||
iled further in clause 3 and on the Website.
|
|
||||||
|
|
||||||
12.7. GNU License: the GNU General Public License v.3, which governs the terms o
|
|
||||||
f your JUCE Personal or Indie license if you exceed the Revenue Limit.
|
|
||||||
|
|
||||||
12.8. ISC License: the permissive ISC license, which governs the following five
|
|
||||||
modules: juce_core, juce_audio_devices, juce_audio_basics, juce_event, juce_bloc
|
|
||||||
ks.
|
|
||||||
|
|
||||||
12.9. Intellectual Property Rights: patents, utility models, rights to invention
|
|
||||||
s, copyright and related rights, trademarks and service marks, trade names and d
|
|
||||||
omain names, rights in get-up, goodwill and the right to sue for passing off or
|
|
||||||
unfair competition, rights in designs, rights in computer software, database rig
|
|
||||||
hts, rights to preserve the confidentiality of information (including know-how a
|
|
||||||
nd trade secrets) and any other intellectual property rights, including all appl
|
|
||||||
ications for (and rights to apply for and be granted), renewals or extensions of
|
|
||||||
, and rights to claim priority from, such rights and all similar or equivalent r
|
|
||||||
ights or forms of protection which subsist or will subsist, now or in the future
|
|
||||||
, in any part of the world.
|
|
||||||
|
|
||||||
12.10. Licensee Content: any content created, owned or used by the Licensee in c
|
|
||||||
onnection with the Framework.
|
|
||||||
|
|
||||||
12.11. Minimum Commitment: the minimum length of time you must license your JUCE
|
|
||||||
Code in order to be eligible for the JUCE licence, depending on the type of you
|
|
||||||
r JUCE licence.
|
|
||||||
|
|
||||||
12.12. Minor Update: any release of bug fixes and small improvements within the
|
|
||||||
same version of the JUCE Framework licensed by you (e.g., JUCE 6.1.1 to JUCE 6.1
|
|
||||||
.2).
|
|
||||||
|
|
||||||
12.13. New Features: any release of a new feature within the same version of the
|
|
||||||
JUCE Framework licensed by you, but not including New Releases (e.g., JUCE 6.1
|
|
||||||
to JUCE 6.2) or other features not included in your specific type of JUCE licens
|
|
||||||
e.
|
|
||||||
|
|
||||||
12.14. New Releases: any new release of a new version of the JUCE Framework, tha
|
|
||||||
t is not included in this license Agreement, which contains such significant dif
|
|
||||||
ferences from the previous versions as to be generally accepted in the marketpla
|
|
||||||
ce as constituting a new product (e.g., JUCE 6 to JUCE 7).
|
|
||||||
|
|
||||||
12.15. Framework: the Code and Software.
|
|
||||||
|
|
||||||
12.16. Revenue Limit: the total gross annual revenue limit in USD (or the curren
|
|
||||||
cy conversion equivalent thereof), of a business, whether it be a sole trader, t
|
|
||||||
eam, or registered company, which shall be calculated as any and all revenue rai
|
|
||||||
sed, donated towards, earned, or otherwise received in connection with your busi
|
|
||||||
ness, whether or not in connection with your Applications, before your JUCE lice
|
|
||||||
nce requires either payment or separate license terms.
|
|
||||||
|
|
||||||
12.17. Software: the Projucer software management tool to be used with the JUCE
|
|
||||||
Code that helps you organize your Code and any New Features and Minor Updates th
|
|
||||||
ereto, and the DemoRunner software and any New Features and Minor Updates theret
|
|
||||||
o.
|
|
||||||
|
|
||||||
12.19. Website: means juce.com, and its associated web pages.
|
|
||||||
|
|
||||||
12.20. Distributing/Releasing applications: To distribute/release an Application
|
|
||||||
means to provide copies of the Application to end users. You are free to develo
|
|
||||||
p Applications and make modifications to copies of JUCE and use them privately,
|
|
||||||
without ever releasing/distributing them. This applies to organizations (includi
|
|
||||||
ng companies), too; an organization can make Applications and modified versions
|
|
||||||
of JUCE and use them internally without ever releasing/distributing them outside
|
|
||||||
the organization.
|
|
Loading…
Reference in New Issue
Block a user