diff --git a/LICENSE b/LICENSE index c27b8c025a..cd6e865d3f 100644 --- a/LICENSE +++ b/LICENSE @@ -1,9 +1,9 @@ All code in this repository is licensed under the MIT License **unless a -directory contains a LICENSE file**, in which case that LICENSE file applies to -the code in that sub-directory. +directory contains a LICENSE or LICENSE.md file**, in which case that file +applies to the code in that sub-directory. -For example, packages/fork-sax contains a ISC LICENSE file, thus all code under -the packages/fork-sax directory is licensed under ISC. +For example, packages/server contains a LICENSE.md file, thus all code under the +packages/server directory is licensed under that license. For example, packages/app-cli does NOT contain a LICENSE file, thus all code under that directory is licensed under the default license, which is MIT. @@ -20,7 +20,7 @@ icons please contact the author in order to get a permission. MIT License -Copyright (c) 2016-2021 Laurent Cozic +Copyright (c) 2016-2022 Laurent Cozic Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in diff --git a/packages/server/LICENSE b/packages/server/LICENSE deleted file mode 100644 index 9e5874416b..0000000000 --- a/packages/server/LICENSE +++ /dev/null @@ -1,7 +0,0 @@ -Copyright (c) 2017-2021 Laurent Cozic - -Personal Use License - -Joplin Server is available for personal use only. For example you may host the software on your own server for non-commercial activity. - -To obtain a license for commercial purposes, please contact us. \ No newline at end of file diff --git a/packages/server/LICENSE.md b/packages/server/LICENSE.md new file mode 100644 index 0000000000..2b9da3b880 --- /dev/null +++ b/packages/server/LICENSE.md @@ -0,0 +1,282 @@ +**JOPLIN SERVER PERSONAL USE LICENSE** + +v.1: 21 December 2021 + +This Joplin Server Personal Use License (the "**License**") is a legally binding +agreement between Cozic Ltd. registered under the laws of England and Wales +(the "**Licensor**"), the owner of the server entitled ‘Joplin Server,’ the +related software applications, and services (collectively, the "**Software**") +and an individual user accessing the Software (the "**Licensee**") (each +individually a "**Party**" and collectively, the "**Parties**"). + +# 1. Acceptance of the License + +* **1.1** By accessing or otherwise using the Software, the Licensee confirms + that the Licensee has read the License, accepts the terms of the License, and + agrees to become legally bound by the License. + +* **1.2** If the Licensee is entering into the License on behalf of a legal + entity, the Licensee represents that the Licensee has the authority and the + necessary capacity to bind such entity and its affiliates to the terms of the + License. + +* **1.3** If the Licensee does not have the authority specified in section 1.2 + or if the Licensee does not agree with one or more provisions of the License, + the Licensee is not allowed to access the Software and the Licensee must not + accept the License. + +* **1.4** By using the Software, the Licensee acknowledges, agrees, and warrants + that the Licensee: + + * i. Shall comply with the terms of the License and all applicable local, + state, national and foreign laws, treaties, and regulations; + + * ii. Shall provide only true, accurate, complete, and up-to-date + information; and + + * iii. Has the capacity to conclude legally binding contracts with the + Licensor. + +# 2. Grant of RIGHTS + +* **2.1** The Licensor hereby grants the Licensee a worldwide, non-exclusive, + royalty free, and revocable license to access and use the Software in + accordance with the terms of this License and the applicable laws. + +* **2.2** Subject to the terms of the License, the Licensee is entitled to + access and use the Software for non-commercial purposes for taking personal + and professional notes, sharing notes with other users of the Software, and + synchronising data. + +* **2.3** Unless authorised by the Licensor in writing, the Software may be used + for personal non-commercial purposes only. The Licensee is allowed to grant + access to the Software to others for non-commercial purposes, provided that + (i) the Licensee is not a business entity, (ii) the Licensee or the third + party to which the access is granted does not use the Software to generate + profits of any kind, and (iii) the Software is used for non-commercial + purposes only. The Licensee is not allowed to: (i) use the Software for + commercial purposes and (ii) grant others the right to use the Software for a + fee or for any commercial purposes, including, without limitation, copying, + reproducing, publishing, transmitting, transferring, selling, renting, + modifying, creating derivative works from, distributing, reposting, + performing, displaying, or in any other way commercially exploiting the + Software without prior written authorisation from the Licensor. By way of + illustration, the Licensee is not allowed to: + + 1. Install the Software on Licensee’s infrastructure and charge others for + the use of the Software; + + 2. Install the Software behind a proxy and charge others for the use of the + Software; + + 3. Install the Software on a Licensee’s or third party’s server and provide + access to the Software to third parties (a) for a fee or (b) free of + charge, if the said third parties may use the Software for commercial + purposes; + + 4. Grant access to the Software to others for a fee or for any commercial + purposes; + + 5. Grant access to the Software to others for a fee or free of charge if + the Licensee is a legal or natural person engaged in commercial + activities; or + + 6. Use the Software or grant other the right to use the Software in a way + that generates income or commercial profits. + +* **2.4** This License does not govern any commercial use of the Software, as + authorised by the Licensor. + +* **2.5** The Software is licensed and not sold. By accepting the License, the + Licensee obtains the right to use the Software and not the ownership of the + Software. + +* **2.6** The Licensor reserves any rights not expressly granted to the + Licensee under this License. + +* **2.7** The Licensee is allowed to make a reasonable number of copies of the + Software, as and if necessary for the purposes set forth herein, provided that + only complete copies of the Software are made, including without limitation + all ‘read me’ files, copyright notices, and other legal notices and terms + included in the Software. + +* **2.8** The Licensee is permitted to load and run the Software on any device, + network or cloud virtual machines under Licensee’s control (collectively, the + "**Devices**"), if such Devices are compatible with the Software. The Licensee + is solely responsible for assessing the compatibility of the Devices to be + used with the Software. + +* **2.9** It is Licensee’s sole responsibility to verify and assess the + suitability, validity and integrity of the Software prior to using it and to + decide whether or not the Software fits for the intended use. + +* **2.10** The Licensor reserves the right to grant the right to use the + Software to third parties. + +* **2.11** The Licensee acknowledges and agrees that any use of the Software + that is prohibited by this License may be unlawful and may result in + Licensee’s criminal liability. + +# 3. Covered Software and services + +* **3.1** The License applies only to the Software as provided to the Licensee + by the Licensor. The License also applies to updates, supplements, and support + services related to the Software, or any other services provided in relation + to the Software, unless other terms and conditions have been provided thereto. + +* **3.2** Any software or services that are not provided by the Licensor are + not covered by this License. Such Software and services are subject to the + terms and conditions set by the respective third party and the Licensee is + solely responsible for obtaining, agreeing to, and complying with the + respective terms and conditions at its own cost and expense. + +* **3.3** The Licensor reserves the right, but is not under any obligation, to + provide paid or free-of-charge updates and technical support services with + regard to the Software, including fixing bugs and errors, and the possibility + to use new versions of the Software. + +# 4. Intellectual property and ownership + +* **4.1** All title and copyright in and to the Software (including, but not + limited to, any source code, images, graphics, photographs, animations, video, + audio, music, text, and applets, incorporated in the Software) are owned by + the Licensor. The Software is protected by the English copyright laws and + international treaties. The Licensee is not allowed to incorporate any portion + of the Software into other programs or compile any portion of it in + combination with other programs, or otherwise copy (except to exercise rights + granted in this License), modify, create derivative works of, distribute, + assign any rights to, or license the Software in whole or in part. + +* **4.2** The Licensee is not permitted to, without obtaining prior written + authorisation from the Licensor, to use the trade names, trademarks, service + marks or product names of the Licensor, except as required for the use of the + Software. + +* **4.3** The Licensor has made all efforts possible to avoid the Software + being subject to the rights of third parties, in particular that its use does + not infringe patents, copyrights or other intellectual property rights of + third parties. However, the Licensor does not guarantee that the Software is + not subject to the rights of third parties. The Licensee agrees to notify the + Licensor immediately and in writing if any third party asserts an infringement + claim against the Licensee in connection with the Software. + +* **4.4** By submitting any content through the Software (the "Licensee’s + Content"), the Licensee grants the Licensor unrestricted, sub-licensable, + royalty-free, perpetual, and irrevocable rights to process the Licensee’s + Content for the purposes of providing the Licensee with the Software and + carrying out Licensor’s legitimate business interests. + +* **4.5** The Licensee is not permitted to remove any copyright or other + proprietary notices and legends. + +# 5. PRIVACY AND DATA PROTECTION + +* **5.1** The Licensor does not have access in any manner to the Licensee’s + Content. Therefore, the Licensee is solely responsible for creating, keeping + and maintaining any backup copies of any Licensee’s Content or other + information submitted to, through, or in relation to the Software. + +The Parties agree to individually comply with the applicable data protection +laws pertaining to the Software. + +# 6. AVAILABILITY + +* **6.1** The availability of the Software may be affected by factors, which + the Licensor cannot reasonably control, such as bandwidth problems, equipment + failure, acts and omissions of our third-party service providers, or *force + majeure* events. The Licensor takes no responsibility for the unavailability + of the Software caused by such factors. + +# 7. Limitation of liability and disclaimer of warranties + +* **7.1** To the extent permitted by the applicable law, the Licensor expressly + disclaims all warranties, express or implied, for the Software. The Licensor + provides the Software on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF + ANY KIND, either express or implied, including, without limitation, any + warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or + FITNESS FOR A PARTICULAR PURPOSE. The entire risk arising out of use or + performance of the Software remains with the Licensee. + +* **7.2** In no event shall the Licensor be liable for any damages whatsoever + (including, without limitation, damages for loss of business profits, business + interruption, loss of business information, or any other pecuniary loss) + arising out of the Licensee’s Content, the use of or inability to use the + Software, even if the Licensor has been advised of the possibility of such + damages. + +* **7.3** The Licensee is solely responsible for determining the + appropriateness of the Software and assumes any risks associated with + Licensee’s exercise of permissions under the License. + +* **7.4** Third-party content or services are not covered by this License. The + Licensee shall ensure Licensee’s compliance with any terms set forth by the + respective third parties at its own risk, cost and expense. To the maximum + extent permitted by law, the Licensor excludes any liability for any loss or + damage resulting from the acts and omissions of such third-party service + providers. + +# 8. Governing Law AND DISPUTE RESOLUTION + +* 8.1 This License and any disputes arising out of or in connection with the + License and the Software shall be governed by and construed in accordance with + the laws of England and Wales. Unless otherwise provided by the applicable + law, all disputes arising out of or in connection with the License shall be + submitted to the exclusive jurisdiction of the courts in London, the United + Kingdom. + +# 9. FINAL PROVISIONS + +* **9.1** **Indemnification.** The Licensee shall indemnify the Licensor at + Licensee’s expense if any claims are asserted by a third party against the + Licensor by reason of Licensee’s misconduct or breach of any terms of the + License, including failed adherence by the Licensee with any applicable laws, + including, whether express or implied. + +* **9.2** **Severability.** The unenforceability of any single provision of + this License shall not affect any other provision hereof. Where such a + provision is held to be unenforceable, the Parties shall use their best + endeavours to negotiate and agree upon an enforceable provision, which + achieves, to the greatest extent possible, the economic, legal and commercial + objectives of the unenforceable provision. + +* **9.3** **Waiver.** A failure of either Party to enforce strictly a provision + of this License shall in no event be considered a waiver of any part of such + provision. No waiver by either Party of any breach or default by the other + party shall operate as a waiver of any succeeding breach or other default or + breach by such other Party. No waiver shall have any effect unless it is + specific, irrevocable and in writing. + +* **9.4** **Term and termination.** The License shall commence upon Licensee’s + access to the Software and continue until terminated by the Licensor. Upon + termination of the License, the Licensee agrees to (i) stop all access and use + of the Software and (ii) destroy all copies of the Software and all its + component parts (if any) stored on the Devices. The provisions of the License + that, by their nature, continue and survive will survive any termination of + the License. + +* **9.5** **Amendments.** The Licensor reserves the right, at its sole + discretion, to change or modify this License at any time by sending a prior + notification to the Licensee (if the contact details of the Licensee are + available to the Licensor). Any modifications to the License shall become + effective on the date indicated at the top of the amended License. By + continuing to use the Software after the date on which the modifications were + communicated, the Licensee agrees to be bound by the modified License. The + Licensor reserves the right to change or discontinue the Software and any + feature thereof with or without a prior notice to the Licensee. + +* **9.6** **Entire agreement.** This License constitutes the entire + understanding between the Parties with respect to the subject matter thereof + and supersedes all prior agreements, negotiations and discussions between the + Parties relating thereto. + +* **9.7** **Transfer of rights.** The Licensee is not allowed to assign + Licensee’s rights under the License. The Licensor is entitled to transfer its + rights and obligations under the License entirely or partially to a third + party by giving a prior notice to the Licensee. If the Licensee does not agree + to the transfer, the Licensee can terminate this License by ceasing to use the + Software. + +* **9.8** **Contact.** For general enquiries and commercial licenses to use the + Software, please contact the Licensor directly. + +*** diff --git a/packages/server/README.md b/packages/server/README.md index 36c6c4aa16..5aa2b6525f 100644 --- a/packages/server/README.md +++ b/packages/server/README.md @@ -157,10 +157,4 @@ From `packages/server`, run `npm run start-dev` # License -Copyright (c) 2017-2021 Laurent Cozic - -Personal Use License - -Joplin Server is available for personal use only. For example you may host the software on your own server for non-commercial activity. - -To obtain a license for commercial purposes, please contact us. +See LICENSE.md in this directory