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CakeMail Interface License Agreement

Version 1.0 (2007-11-01)

  1. Important Notice

    The CakeMail Interface software is released to you under the CakeMail Interface License Agreement by The Code Kitchen Inc., 4020 Saint-Ambroise, Suite 472, Montreal, Quebec, Canada, H4C 2C7. The CakeMail Interface software is protected by copyright and other applicable laws. All rights relating to the CakeMail Interface software are to be exercised in compliance with this license agreement. Any use of the CakeMail Interface software not complying with the terms of this license is prohibited.

    By exercising on the CakeMail Interface software any right granted to you by this license, you are representing that you have read, understood and agree to be bound by these terms. The Code Kitchen is granting these rights to you in counterpart of your acceptation of the following conditions. All the rights that are not explicitly granted in this license agreement are reserved by The Code Kitchen.

  2. Definitions

    • «Contribution» means any original software, or part of software, submitted by the owner of its copyright in order to be incorporated in the CakeMail Interface Software.
    • «Software» means the distinct and original computer program(s), as well as the associated documentation and interfaces.
    • «Collective Work» means software including distinct components from different copyright owners or associating the CakeMail Interface software to parts of software from different copyright owners.
    • «Derivative Work» means distinct software created from or incorporating the CakeMail Interface software or any major part of the CakeMail Interface software.
    • «Propagation», means the presentation, the communication, the publication or the process of making the software accessible to the public by any mean.
    • «Copy» means the duplication of the software on any support.
    • «Use» means the consultation, the usage, the execution of the software.
    • «You» means any individual or legal entity exercising the rights granted by this license agreement.

  3. Copyright License

    Subject to the conditions of this license agreement (see section 4. below), The Code Kitchen grants you a non-exclusive and royalty-free license allowing you to exercise the following rights on the CakeMail Interface Software:

    • Use the software, reproduce it, incorporate it in one or several collective works and use the software as it is integrated in those collective works;
    • Create and reproduce derivative works;
    • Propagate the software or derivative works.

    This license is granted to you without any territorial or time limitation.

  4. Conditions

    You can exercise the rights specified above as long as you comply with the following conditions:

    • You are required to join a copy of this license with every copy of the CakeMail Interface software;
    • When you modify the CakeMail Interface software, you are required to emphasize those modifications by adding one or several notice(s) to this effect in the source code of the software;
    • You are required to exclusively exercise your rights in the CakeMail Interface software in conjunction with the CakeMail hosted application service and application programming interface (API) provided by The Code Kitchen. Interaction between the CakeMail Interface Software and any other email marketing platform, software or service is prohibited;
    • You are not allowed to modify or remove the information notices about copyright in the source code of the CakeMail Interface software. However, you may remove all branding Information from the HTML output of the CakeMail Interface software, including any logo, hyperlinks, copyright notice, domain name, or any other reference to The Code Kitchen or the CakeMail Interface software.

    Each time you propagate the CakeMail Interface Software, or a derivative work, The Code Kitchen is providing a license under the same terms and conditions to each recipient.

  5. Contributions

    Subject to the conditions of this license agreement (see section 4. above), all the contributors to the CakeMail Interface software withhold the entirety of their rights in their respective contributions. The Code Kitchen also withholds all of its rights on its software and on its own contributions to it. All the contributions provided by The Code Kitchen might not be subjected to this license. The Code Kitchen is reserving its right to submit some of its own contributions to the terms of this license, to the terms of any other license, or not to license them.

    Except for express stipulation to the contrary from your part, any contributions that you submit to The Code Kitchen for inclusion in the CakeMail Interface Software will be submitted to the terms of this license, without any other conditions. However, if your contributions are covered by a specific license agreed to this effect, the terms of this specific license will prevail over the precedent sentence.

  6. Warranty Disclaimer

    Except where a written agreement with you to the contrary exists, The Code Kitchen propagates the CakeMail Interface software “as is”. The Code Kitchen is not making any representation and is not giving any express, tacit, regulatory, or any other warranty about the CakeMail Interface software, specifically in relation with its ownership, its conditions of merchantability, the adequacy of the work for a particular end, any latent defects or others types of defects, its accuracy or the presence or absence of errors, whether they can be detected or not.

  7. Limitation of Liability

    With reserve for obligations specified by the applicable law, in no case will The Code Kitchen be liable to you, whatever the legal doctrine invoked, for personal, direct, indirect, punitive or exemplary damages for an injury resulting from this license or the use of the CakeMail Interface Software, even if The Code Kitchen was advised of the possibility that this type of injury could occur.

  8. Termination

    This license is automatically terminated if you fail to comply with its terms and if you fail to rectify the situation thirty days after becoming aware of the infringement. However, any license relating to the CakeMail Interface software or derivative works received from you by third parties in accordance with the rights granted in this license will not be terminated, as long as those third parties fully comply with its terms. The renunciation by The Code Kitchen to any failure from your part to comply with the terms of this license does not imply a renunciation to any subsequent failure.

  9. License Versions

    The Code Kitchen can propagate modified or revised versions of this license from time to time. Each version will receive a unique number. If the CakeMail Interface Software is licensed to you under a specific version of the license, you can choose to continue to exercise your rights under the conditions of this version. You can also choose to exercise your rights under the conditions of any subsequent version of this license.

  10. General

    • This license does not create any legal or official partnership or association between you and The Code Kitchen, and you are not authorized to make any claim to the contrary.
    • This license is governed and construed by the law in force in the province of Quebec, Canada, and the courts from the Montreal judicial district are exclusively designated by the parties to hear any resulting litigation.
    • This license can be translated in multiple languages. In case of variation between the various linguistic versions, the English version is preceding.