The Cakemail Application is released to you under the Cakemail Application License Agreement by Cakemail Inc., 4035 Saint-Ambroise, Suite 200, Montreal, Quebec, Canada, H4C 2E1. The Cakemail Application is protected by copyright and other applicable laws. All rights relating to the Cakemail Application are to be exercised in compliance with this license agreement. Any use of the Cakemail Application not complying with the terms of this license is prohibited.
By exercising on the Cakemail Application any right granted to you by this license, you are representing that you have read, understood, and agree to be bound by these terms. Cakemail is granting these rights to you in counterpart to your agreement of the following terms and conditions. All the rights that are not explicitly granted in this license agreement are reserved by Cakemail.
2. Definitions
“Contribution” means any original software, or part of the software, submitted by the owner of its copyright in order to be incorporated in the Cakemail Application.
“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 Application to parts of the software from different copyright owners.
“Derivative Work” means a distinct software created from or incorporating the Cakemail Application or any major part of the Cakemail Application.
“Propagation”, means the presentation, the communication, the publication, or the process of making the software accessible to the public by any means.
“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 a legal entity exercising the rights granted by this license agreement.
3. Copywrite License
Subject to the conditions of this license agreement (see section 4. below), Cakemail is granting you a non-exclusive and royalty-free license allowing you to exercise the following rights on the Cakemail Application:
Use the software, reproduce it, incorporate it in one or several collective works and use the software as it is integrated into 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.
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 Application;
When you modify the Cakemail Application, you are required to emphasize those modifications by adding one or several notices to this effect in the source code of the software;
You are required to exclusively exercise your rights in the Cakemail Application in conjunction with the Cakemail API (application programming interface). Interaction between the Cakemail Application and any other email marketing platform, software, or service is prohibited;
You are required to maintain an active subscription contract with Cakemail in good standing;
You are not allowed to modify or remove the information notices about copyright in the source code of the Cakemail Application. However, you may remove all branding Information from the HTML output of the Cakemail Application, including any logo, hyperlinks, copyright notice, domain name, or any other reference to Cakemail or the Cakemail Application. Each time you propagate the Cakemail Application, or a derivative work, Cakemail is providing a license under the same terms and conditions to each recipient.
Each time you propagate the Cakemail Application, or a derivative work, Cakemail is providing a license under the same terms and conditions to each recipient.
5. Contributions
Contributors who submit their contributions to Cakemail transfer all of their rights in their respective contributions to Cakemail and such contributions are automatically subject to this license.
Cakemail also withholds all of its rights on its software and on its own contributions to it. All the contributions provided by Cakemail might not be subjected to this license. Cakemail 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 Cakemail for inclusion in the Cakemail Application 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 preceding sentence.
6. Warranty Disclaimer
EXCEPT WHERE A WRITTEN AGREEMENT WITH YOU TO THE CONTRARY EXIST, CAKEMAIL PROPAGATE THE CAKEMAIL APPLICATION “AS IS”. CAKEMAIL IS NOT MAKING ANY REPRESENTATION AND IS NOT GIVING ANY EXPRESS, TACIT, REGULATORY, OR ANY OTHER WARRANTY ABOUT THE CAKEMAIL APPLICATION, 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 CAKEMAIL 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 APPLICATION, EVEN IF CAKEMAIL 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 Application 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 Cakemail to any failure on your part to comply with the terms of this license does not imply a renunciation to any subsequent failure.
9. License Versions
Cakemail can propagate modified or revised versions of this license from time to time. Each version will receive a unique number. If the Cakemail Application 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 Cakemail, 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 into multiple languages. In case of variation between the various linguistic versions, the English version is preceding.
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