The Grantor grants the Licensee a developer and runtime license for the metadata framework Quino, hereafter referred to as the “License”.
Quino comprises the Quino source code, documentation and distribution packages. Under this License, the Licensee will receive the source code for Quino and all available documentation for those sources.
The Grantor will provide access to the current version of the Quino source to the Licensee using a tool chosen by the Grantor. Access to the current stable release will also be made available. The Grantor will also provide access to the issue-tracking-system for Quino for the Licensee.
The developer and runtime license is provided free of charge. Any and all services provided by the Grantor in relation to Quino, including but not limited to consulting, design, implementation and support will be charged as specified in a separate contract between the Grantor and Licensee.
The Grantor allows the Licensee the following rights under this License.
The Grantor explicitly forbids the following rights to the Licensee under this License.
The Licensee agrees to use a technologically current code obfuscator to mask compiled code before delivery.
All versions and releases of Quino are tested before release.
Quino includes thousands of automated tests that extensively test Quino’s functionality and serve as an indicator of the quality of Quino. Additionally, the Grantor uses Quino daily to build applications for its own customers.
The Grantor is willing to incorporate tests written and provided by the Licensee if those tests pass a certain standard of quality and usefulness. The Licensee is responsible for maintaining these tests for subsequent Quino versions.
The Licensee is not granted a right to bug-fixes or improvements to Quino under this license.
The Licensee is obligated to have a signed contract with partners and end users, which guarantees that the partners are not granted any rights to Quino that exceed the explicit rights granted in this license.
This License does not confer any originator or owner rights to the Licensee.
Should the Grantor become incapable of fulfilling its obligations or guarantees, or cease to exist through liquidation or insolvency, the Licensee is granted the non-exclusive right to arrange for the continued development of Quino, at the Licensee’s own discretion. Even in this case, no originator or owner rights or rights of sale will be conferred onto the Licensee.
The License is granted to the Licensee indefinitely.
This License binds the Grantor and the Licensee and cannot be transferred—in part or in whole—without the signed consent of both parties.
Amendments to this license must be signed by both Grantor and Licensee in order to be legally binding.
In case any one or more of the provisions contained in this License shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions of this License, and this License shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. If moreover, any one or more of the provisions contained in this License shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear.
The location given above for the Grantor serves as the jurisdiction for all disputes that arise in connection with this License. All disputes are to be adjudicated under Swiss law.