Keystone Licensing Agreement

Keystone Licensing Agreement
©2006 Stonekeep Consulting, Inc
9 Bayberry Road
Natick, MA 01760
http://www.stonekeep.com/license.html

DEFINITIONS

The Software
Refers to the software package known previously as "Keystone", currently being distributed as 'Keystone2'. Included in this are all source code files within the distribution, all structure files, all graphic images, and all documentation.
Supporting Software
Refers to the packages, not written by Stonekeep Consulting, that are used to make the software functional. This includes, but is not limited to, the Apache web server, the PHP system, Perl, The MySQL database server, the MSQL database server, and the PostGres database server, etc.
The Author
Refers to the author of The Software, Dave Belfer-Shevett (shevett@stonekeep.com) exclusively and/or the company representing the Author, Stonekeep Consulting, Inc.
The Licensee
Refers to the individual or organization that wishes to use The Software for any purpose.
Active Users
Refers to the number of active users. This is determined by the number of unique users who log into The Software on The Licensee's system within any given week.

TERMS

Permission is hereby granted to the Licensee to use and/or distribute The Software under the following provisions:

The Licensee will retain all copyright information within The Software, and on display wherever The Software is installed. An example of a copyright line is (c)2006 Stonekeep Consulting, Inc
Any additions or modifications made to The Software are understood to not void this agreement in any way, without written authorization from The Author
Disabling or bypassing the intent or effect of either this license or license-enforcing code within The Software is prohibited.

COMMERCIAL LICENSING

Commercial Licensing for The Software is available for several situations. Internal Use, Pay for Service usage, or resale usage.

Internal use
An Internal Use License is applicable when the system has more than 10 Active Users. (See DEFINITIONs for a definition of Active Users).
Pay for Service
A Pay for Service license is applicable when The Licensee is charging for access to The Software by a userbase other than the Active Users. This may arise if The Software is set up as helpdesk software available to the customers as part of their service with The Licensees. This form of license ONLY applies if the users will be interacting with The Software directly (through email or through the web), not if the Active Users are using it for their own tracking only.
Redistribution
The Software may be licensed for redistribution under several circumstances. Note that these circumstances apply if ANY PART of The Software is resold, either as a standalone package, or as part of another system.
- Public Download Availability
  The Software may be placed on a web server, ftp server, etc for public distribution at no charge to the Distributor, so long as the package remains intact, as distributed from www.stonekeep.com, and proper attribution is made to the author and the web site where the package came from.
- For-Profit CDROMs
  The Software may be distributed on so called "Public Software" CDROM's, so long as the charge for said CDROM does not exceed $US 50.00. After that point, the license falls under 'Resale' conditions.
- Resale
  The Licensee must compensate The Author upon resale of The Software at a cost of $50 per sale instance, or 5% of of the resale price, whichever is greater. A record of the sale, including to whom The Software was sold, and a copy of the sales order (or invoice, or purchase order, etc) must be forwarded to The Author within 90 days of the sale completion. Note that resale of The Software places no obligation upon The Author other than what is stated within this License Agreement.
- Inclusion
  Elements of The Software may be included and distributed within another package ONLY with The Author's written consent. Cost of this type of licensing will be taken on an individual basis, and may be negotiated ONLY with The Author.

Pricing for Internal Use
1-9 Active Users	No charge
10-25 Active Users	$500 / year
26-100 Active Users	$2000.00 / year
100+ Active Users	Contact Author

Pricing for Pay For Service
Up to 100 external users	$250.00 / year
100-500 external users	$750.00 / year
500+ external users	Contact Author

SOURCE CODE MODIFICATION

The source code for The Software is (c)2006 Stonekeep Consulting, Inc. It may be modified for personal or internal use, so long as the original copyright statements remain in place within each file, as well as copyright markers in the public HTML, and the attribution in the pages where they are visible to the end user.

WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION.

Licensee agrees that it shall comply with all applicable laws and regulations, including all U.S. and foreign export control laws or regulations. Licensee acknowledges that Software may be subject to regulation by agencies of the U.S. government, including the U.S. Department of Commerce, which prohibit export or diversion of certain products, technology and technical data to certain countries.

STONEKEEP CONSULTING AND THE THIRD-PARTY LICENSORS PROVIDE THE SOFTWARE AND DOCUMENTATION "AS IS," AND WITHOUT WARRANTY OF ANY KIND (EXPRESS OR IMPLIED). STONEKEEP CONSULTING AND THE THIRD-PARTY LICENSORS MAKE NO, AND HEREBY EXPRESSLY DISCLAIM ANY, WARRANTY IN CONNECTION WITH THE SOFTWARE AND DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY RELATING TO THE CONTINUOUS, UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE OPERATION OF THE SOFTWARE.

UNDER NO CIRCUMSTANCES SHALL STONEKEEP CONSULTING BE LIABLE TO LICENSEE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE SOFTWARE, DOCUMENTATION, OR THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOST REVENUE, PROFIT, OR BUSINESS OPPORTUNITY; OR INTERRUPTION OF USE OR SERVICES.

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