Quino License

The following document outlines the terms of use for developers using Quino. This license applies to customers whose developers use Quino directly. It does not apply to customers using products built by Encodo.

Introduction

The Grantor grants the Licensee a developer and runtime license for the metadata framework Quino, hereafter referred to as the “License”.

Scope

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.

Compensation

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.

Terms of Use

The Grantor allows the Licensee the following rights under this License.

  • The Licensee may use Quino to develop applications; the number of applications is not limited in any way by this license.
  • Up to 5 developers employed by the Licensee may work in parallel on applications that use Quino. Employees of the Grantor do not count toward this number.
  • The Licensee may sell applications that contain compiled Quino code either directly or through partners.

The Grantor explicitly forbids the following rights to the Licensee under this License.

  • The Licensee may not distribute the source code or documentation to third parties without the express written consent of the Grantor.
  • The Licensee may not sell or give away for free applications or libraries, which main purpose is to provide the core functionality of Quino. Examples include generic database applications like Encodo’s Munjari or Microsoft Access.

The Licensee agrees to use a technologically current code obfuscator to mask compiled code before delivery.

Guarantee

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.

Obligations

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.

Rights

This License does not confer any originator or owner rights to the Licensee.

The Licensee is granted the right, however, to continue to use the Quino sources obtained under the license even after the license is no longer applicable or has been allowed to lapse. The Licensee continues to be bound by sections “Terms of Use”, “Obligations” and “Rights”.

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.

Lifetime

The License is granted to the Licensee indefinitely.

Non-transferability

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

Amendments to this license must be signed by both Grantor and Licensee in order to be legally binding.

Severability

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.

Jurisdiction

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.

updated on 6/3/2019