Phase Console Source-Access License
Version of this text: aff341aba57607a5a69cc1187ca0e8ac2cdf7e9f
The seller
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Version 1, for Phase Console 6.0.0 and later.
This license is between the Licensor and the organisation that bought source access to Phase Console (the "Licensee"). It covers the source code of Phase Console Pro in the Licensor's private repository — every file, branch and release the Licensee is given access to — and the documentation in it (together, the "Source"). By cloning, building or using the Source, the Licensee accepts this license.
1. Definitions
"Licensor" means the publisher of Phase Console identified at https://phase-console-site.vercel.app/legal/source-access, as identified there when the Licensee buys source access.
"Organisation" means one legal entity. Its employees, and contractors working on its behalf, may use the Source under this license. Its parent, subsidiaries and affiliates may not, unless they buy source access of their own.
"Access Period" means the period the Licensee's source access is paid for, as extended by any renewal.
2. Grant
Subject to this license and to payment of the fees, the Licensor grants the Licensee a non-exclusive, non-transferable license to:
- 1.read, clone and build the Source;
- 2.modify the Source, and build and run modified versions of it; and
- 3.use the Source, modified or not, and builds of it for internal use inside the Licensee's organisation, for its own purposes including commercial work.
A build of the Source runs every Pro feature and asks for no license key. This license, not a key, is what permits that, and only inside the organisation.
Changes the Licensee makes are the Licensee's. If the Licensee sends a change to the Licensor, it grants the Licensor a perpetual, worldwide, royalty-free license to use, modify and distribute that change.
3. Restrictions
The Licensee may not:
- 1.redistribute, publish, sell, rent, lend or otherwise make the Source, a modified version of it, or a build of either available to anyone outside the organisation — including by pushing it to a public or third-party repository, or by running it as a hosted service for others;
- 2.give anyone outside the organisation access to the Licensor's repository;
- 3.transfer this license, or sublicense any right it gives; or
- 4.remove or alter a copyright or licensing notice in the Source.
4. Term and termination
Access to the Licensor's repository lasts for the Access Period. When it ends without renewal, that access is withdrawn, and the Licensee may keep using, inside the organisation, the versions of the Source it obtained during the Access Period, for as long as this license remains in force.
The Licensor may terminate this license by notice if a payment for it is charged back, disputed or refunded, or if the Licensee breaches it. The Licensee may terminate it at any time by deleting every copy of the Source and of builds of it. When this license ends, the Licensee must stop using the Source and builds of it, and delete every copy. Sections 3, 5, 6 and 7 survive termination.
5. The free edition and other licenses
Many files of the Source are also published, with the Pro parts removed, as the free edition of Phase Console under the MIT License; NOTICE.md carries that notice, and those files remain available under the MIT License from the free edition's repository. Components the Source depends on are licensed by others under their own licenses, which govern them.
6. No warranty
The Source is provided "AS IS", without warranty of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement, to the fullest extent the law allows.
7. Limitation of liability
To the fullest extent the law allows, the Licensor is not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits, revenue or business, arising out of or related to the Source or this license. The Licensor's total liability arising out of or related to the Source or this license is limited to the amount the Licensee paid for source access in the twelve months before the event that gave rise to it.
8. Governing law and general terms
This license is governed by the law stated for the Licensor at https://phase-console-site.vercel.app/legal/source-access, without regard to its conflict-of-laws rules, and the courts named there have jurisdiction over any dispute about it. It is the entire agreement between the Licensee and the Licensor about the Source. If a provision is held unenforceable, the rest stays in force. Not enforcing a provision is not a waiver of it. The Licensor reserves every right this license does not expressly grant.