GENSoftware Mixed License

1. Acceptance

By downloading, installing, copying, or otherwise using the Software you accept this license and agree to be bound by it. If you do not accept it you must not use the Software and must delete all copies in your possession. Where you accept this license on behalf of an organisation, you confirm that you have authority to bind that organisation to it.

2. Definitions

In this license the following terms have the meanings given below.

"GENSoftware" (also "we", "us", and "our") means GEN, trading as GENSoftware, the licensor of the Software.

"Software" means the program, script, library, extension, or other work supplied by GENSoftware under this license, including its source code where supplied, its object and executable forms, its configuration and data files, and its accompanying documentation.

"You" (also "your") means the individual or organisation exercising the rights granted by this license.

"Your Organisation" means the legal entity you belong to, together with any parent or subsidiary in which that entity holds more than fifty per cent (50%) of the voting interest.

"Distribute" means to supply, publish, transmit, sell, sublicense, or otherwise make available to any person outside Your Organisation, in original or modified form, whether or not for charge.

"Modification" means any change, addition, removal, adaptation, translation, or other derivative work based on the Software.

"Commercial Components" means those interfaces, application programming interfaces, libraries, services, or other components used by or supplied with the Software that GENSoftware licenses under the GENSoftware Commercial License, as identified in the documentation, file headers, or NOTICE file supplied with the release.

3. Grant of Rights

GENSoftware grants you a non-exclusive, non-transferable, royalty-free license to install, run, copy, and modify the open portions of the Software for the internal business purposes of Your Organisation, subject to the conditions set out below. Your right to use the Commercial Components is granted separately and depends on a current commercial license.

4. Internal Use Only

You may use the Software only within Your Organisation and only for its own business purposes. You may install it on any number of systems that Your Organisation owns or controls, including cloud instances operated on your behalf, and you may allow your employees and officers to use it in the course of their work. You may not operate the Software as a service for third parties, or make it available to them over a network, without our prior written consent.

5. No Redistribution

You may not Distribute the Software, in original or modified form. This includes publishing it to a public or shared code repository, posting it to a forum or file-sharing service, bundling it with your own products, supplying it to a customer, or transferring it as part of a sale of assets. Contractors and other third parties working for you may be given access only with our prior written consent, and then only where they are bound by obligations at least as protective as this license and retain no copies once their engagement ends.

6. No Commercial Resale

You may not sell, lease, rent, sublicense, or otherwise commercially exploit the Software or any Modification of it, and you may not charge any person for access to it. Using the Software internally to support a business that earns revenue is permitted; selling the Software, or access to it, is not.

7. Source Code and Confidentiality

The source code of the Software is supplied to you in confidence. You must protect it with at least the care you apply to your own confidential material, restrict access to those within Your Organisation who need it for their work, and not publish or disclose it. This obligation does not apply to material that reaches the public through no act or omission of yours, that you already held free of any duty of confidence, or that you are required to disclose by law or by a court, provided that you tell us first where you are lawfully able to.

8. Modification

You may modify the open portions of the Software for your own internal use. All Modifications remain subject to this license and may not leave Your Organisation. You must retain all copyright notices, file headers, and license text in every copy and Modification. GENSoftware is not obliged to support a modified version, and support may be conditional on reproducing the issue against an unmodified release.

9. Interfaces and APIs

The Software may use proprietary interfaces, application programming interfaces, libraries, or components as part of its function. These Commercial Components are licensed separately under the GENSoftware Commercial License and are NOT covered by the open source terms of this license, even where they are accessed through, wrapped by, or invoked by the open portions of the Software. Calling a Commercial Component from open source code does not extend the open source terms to that component, and does not create any right to use it.

10. Commercial Component Restrictions

You may use the Commercial Components only as expressly permitted by your commercial license agreement and only for as long as it remains current. You may not Distribute, sublicense, sell, resell, rent, lease, or lend the Commercial Components. You may not modify, adapt, translate, reverse engineer, decompile, or disassemble them, except to the extent that this restriction cannot lawfully be excluded. If your entitlement to a Commercial Component ends, you must stop using every part of the Software that depends on it.

11. Identifying the Components

The Commercial Components in a given release are identified in the documentation, the file headers, or the NOTICE file supplied with it. Where it is not clear to you whether a particular file, interface, or service is a Commercial Component, ask us before you rely on it. Where a term of this license conflicts with the terms applying to a Commercial Component, the Commercial Component terms govern that component.

12. Contributions

You are encouraged to send fixes, improvements, and other beneficial changes to GENSoftware for inclusion in future releases. By submitting a contribution you confirm that you are entitled to submit it and that it is your own work or is properly licensed to you, and you grant GENSoftware a perpetual, worldwide, non-exclusive, royalty-free, irrevocable license to use, reproduce, modify, publish, and distribute your contribution as part of the Software. You keep ownership of your contribution, and GENSoftware is under no obligation to accept or include it.

13. Trade Marks

This license grants no rights in the GEN or GENSoftware names, logos, or other trade marks. You may use them only to identify the origin of the Software accurately, as required by the section on notices, and never in a way that suggests sponsorship, affiliation, or endorsement of your own product or service.

14. Third-Party Components

The Software may include or depend on components supplied by third parties. Those components are licensed under their own terms, which are set out in the documentation, the NOTICE file, or the dependency manifest supplied with the release. Where those terms conflict with this license in respect of a particular component, the third-party terms govern that component.

15. Software Updates

GENSoftware periodically publishes fixes, security patches, and feature enhancements. To reduce your exposure to vulnerabilities and to keep the Software stable, you must establish and maintain a systematic update process: monitor our release channels, test updates in a controlled environment, and deploy them promptly to production systems. Releases marked as security updates should be applied without undue delay. GENSoftware is not responsible for loss arising from continued use of a version that a published update would have corrected.

16. Security

If you discover a security vulnerability in the Software, please report it privately to GENSoftware before disclosing it publicly, so that a fix can be prepared for every user. Contact details are given on our Support pages. You must not use a vulnerability in the Software to obtain access to any system that is not your own.

17. Intellectual Property

The Software and the Commercial Components are protected by copyright and other intellectual property laws. GENSoftware retains all right, title, and interest in the Commercial Components and in the Software as a whole, including in any Modification to the extent that it embodies the Software. This license grants you the rights expressly set out in it and no others.

18. Compliance with Law

You must comply with all laws that apply to your use of the Software, including data protection, export control, and sanctions legislation. You must not export, re-export, or make the Software available to any person or in any territory where doing so would breach an applicable trade restriction, and you must not use the Software for any unlawful purpose.

19. Term and Termination

This license takes effect when you first use the Software and continues until terminated. It terminates automatically if you breach any of its terms and do not correct the breach within thirty (30) days of written notice from GENSoftware, and your right to use the Commercial Components ends when your commercial license ends. On termination you must stop using the Software, delete or destroy all copies and Modifications in your possession, and confirm in writing that you have done so if we ask. The sections on redistribution, confidentiality, commercial components, intellectual property, warranty, liability, and general terms survive termination.

20. No Warranty

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

GENSoftware does not warrant that the Software will meet your requirements, that it will operate without interruption or error, or that every defect will be corrected. You are responsible for satisfying yourself that the Software is suitable for your intended use, for testing it before you rely on it, and for maintaining backups and other safeguards appropriate to the value of your data.

To the fullest extent permitted by law, all terms and warranties implied by statute or common law are excluded from this license.

21. Limitation of Liability

IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES, OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT, OR OTHERWISE, ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

In particular, GENSoftware is not liable for loss of profit, loss of business, loss of revenue, loss or corruption of data, loss of goodwill, or for any indirect or consequential loss, however it arises.

Nothing in this license excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.

22. General

This license is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute arising out of or in connection with it.

If any provision of this license is held to be invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions continue in full force. A failure or delay in enforcing a provision is not a waiver of it.

This license, together with any written agreement you have signed with GENSoftware and any notices supplied with the Software, is the entire agreement between us in respect of the Software and replaces any earlier understanding. Where a signed agreement conflicts with this license, the signed agreement takes precedence.

GENSoftware may publish revised license terms for future releases. The terms supplied with a release govern that release; issuing a new version of this license does not change the terms of a release you already hold. You may not assign or transfer this license without our prior written consent, although GENSoftware may assign it as part of a transfer of its business or assets.