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JOPLIN SERVER PERSONAL USE LICENSE

v.1: 21 December 2021

This Joplin Server Personal Use License (the "License") is a legally binding agreement between JOPLIN registered under the laws of France (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 France. 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.