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joplin-server-personal-v1
- short_name
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Joplin Server Personal Use License v1
- name
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Joplin Server Personal Use License v1
- category
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Proprietary Free
- owner
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Laurent Cozic
- homepage_url
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https://github.com/laurent22/joplin/blob/dev/packages/server/LICENSE.md
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LicenseRef-scancode-joplin-server-personal-v1
license_text
**JOPLIN SERVER PERSONAL USE LICENSE**
v.1: 21 December 2021
This Joplin Server Personal Use License (the "**License**") is a legally binding
agreement between JOPLIN registered under the laws of France (the
"**Licensor**"), the owner of the server entitled "Joplin Server", the related
software applications, and services (collectively, the "**Software**") and an
individual user accessing the Software (the "**Licensee**") (each individually
a "**Party**" and collectively, the "**Parties**").
# 1. Acceptance of the License
* **1.1** By accessing or otherwise using the Software, the Licensee confirms
that the Licensee has read the License, accepts the terms of the License, and
agrees to become legally bound by the License.
* **1.2** If the Licensee is entering into the License on behalf of a legal
entity, the Licensee represents that the Licensee has the authority and the
necessary capacity to bind such entity and its affiliates to the terms of the
License.
* **1.3** If the Licensee does not have the authority specified in section 1.2
or if the Licensee does not agree with one or more provisions of the License,
the Licensee is not allowed to access the Software and the Licensee must not
accept the License.
* **1.4** By using the Software, the Licensee acknowledges, agrees, and warrants
that the Licensee:
* i. Shall comply with the terms of the License and all applicable local,
state, national and foreign laws, treaties, and regulations;
* ii. Shall provide only true, accurate, complete, and up-to-date
information; and
* iii. Has the capacity to conclude legally binding contracts with the
Licensor.
# 2. Grant of RIGHTS
* **2.1** The Licensor hereby grants the Licensee a worldwide, non-exclusive,
royalty free, and revocable license to access and use the Software in
accordance with the terms of this License and the applicable laws.
* **2.2** Subject to the terms of the License, the Licensee is entitled to
access and use the Software for non-commercial purposes for taking personal
and professional notes, sharing notes with other users of the Software, and
synchronising data.
* **2.3** Unless authorised by the Licensor in writing, the Software may be used
for personal non-commercial purposes only. The Licensee is allowed to grant
access to the Software to others for non-commercial purposes, provided that
(i) the Licensee is not a business entity, (ii) the Licensee or the third
party to which the access is granted does not use the Software to generate
profits of any kind, and (iii) the Software is used for non-commercial
purposes only. The Licensee is not allowed to: (i) use the Software for
commercial purposes and (ii) grant others the right to use the Software for a
fee or for any commercial purposes, including, without limitation, copying,
reproducing, publishing, transmitting, transferring, selling, renting,
modifying, creating derivative works from, distributing, reposting,
performing, displaying, or in any other way commercially exploiting the
Software without prior written authorisation from the Licensor. By way of
illustration, the Licensee is not allowed to:
1. Install the Software on Licensee's infrastructure and charge others for
the use of the Software;
2. Install the Software behind a proxy and charge others for the use of the
Software;
3. Install the Software on a Licensee's or third party's server and provide
access to the Software to third parties (a) for a fee or (b) free of
charge, if the said third parties may use the Software for commercial
purposes;
4. Grant access to the Software to others for a fee or for any commercial
purposes;
5. Grant access to the Software to others for a fee or free of charge if
the Licensee is a legal or natural person engaged in commercial
activities; or
6. Use the Software or grant other the right to use the Software in a way
that generates income or commercial profits.
* **2.4** This License does not govern any commercial use of the Software, as
authorised by the Licensor.
* **2.5** The Software is licensed and not sold. By accepting the License, the
Licensee obtains the right to use the Software and not the ownership of the
Software.
* **2.6** The Licensor reserves any rights not expressly granted to the
Licensee under this License.
* **2.7** The Licensee is allowed to make a reasonable number of copies of the
Software, as and if necessary for the purposes set forth herein, provided that
only complete copies of the Software are made, including without limitation
all "read me" files, copyright notices, and other legal notices and terms
included in the Software.
* **2.8** The Licensee is permitted to load and run the Software on any device,
network or cloud virtual machines under Licensee's control (collectively, the
"**Devices**"), if such Devices are compatible with the Software. The Licensee
is solely responsible for assessing the compatibility of the Devices to be
used with the Software.
* **2.9** It is Licensee's sole responsibility to verify and assess the
suitability, validity and integrity of the Software prior to using it and to
decide whether or not the Software fits for the intended use.
* **2.10** The Licensor reserves the right to grant the right to use the
Software to third parties.
* **2.11** The Licensee acknowledges and agrees that any use of the Software
that is prohibited by this License may be unlawful and may result in
Licensee's criminal liability.
# 3. Covered Software and services
* **3.1** The License applies only to the Software as provided to the Licensee
by the Licensor. The License also applies to updates, supplements, and support
services related to the Software, or any other services provided in relation
to the Software, unless other terms and conditions have been provided thereto.
* **3.2** Any software or services that are not provided by the Licensor are
not covered by this License. Such Software and services are subject to the
terms and conditions set by the respective third party and the Licensee is
solely responsible for obtaining, agreeing to, and complying with the
respective terms and conditions at its own cost and expense.
* **3.3** The Licensor reserves the right, but is not under any obligation, to
provide paid or free-of-charge updates and technical support services with
regard to the Software, including fixing bugs and errors, and the possibility
to use new versions of the Software.
# 4. Intellectual property and ownership
* **4.1** All title and copyright in and to the Software (including, but not
limited to, any source code, images, graphics, photographs, animations, video,
audio, music, text, and applets, incorporated in the Software) are owned by
the Licensor. The Software is protected by the English copyright laws and
international treaties. The Licensee is not allowed to incorporate any portion
of the Software into other programs or compile any portion of it in
combination with other programs, or otherwise copy (except to exercise rights
granted in this License), modify, create derivative works of, distribute,
assign any rights to, or license the Software in whole or in part.
* **4.2** The Licensee is not permitted to, without obtaining prior written
authorisation from the Licensor, to use the trade names, trademarks, service
marks or product names of the Licensor, except as required for the use of the
Software.
* **4.3** The Licensor has made all efforts possible to avoid the Software
being subject to the rights of third parties, in particular that its use does
not infringe patents, copyrights or other intellectual property rights of
third parties. However, the Licensor does not guarantee that the Software is
not subject to the rights of third parties. The Licensee agrees to notify the
Licensor immediately and in writing if any third party asserts an infringement
claim against the Licensee in connection with the Software.
* **4.4** By submitting any content through the Software (the "Licensee's
Content"), the Licensee grants the Licensor unrestricted, sub-licensable,
royalty-free, perpetual, and irrevocable rights to process the Licensee's
Content for the purposes of providing the Licensee with the Software and
carrying out Licensor's legitimate business interests.
* **4.5** The Licensee is not permitted to remove any copyright or other
proprietary notices and legends.
# 5. PRIVACY AND DATA PROTECTION
* **5.1** The Licensor does not have access in any manner to the Licensee's
Content. Therefore, the Licensee is solely responsible for creating, keeping
and maintaining any backup copies of any Licensee's Content or other
information submitted to, through, or in relation to the Software.
The Parties agree to individually comply with the applicable data protection
laws pertaining to the Software.
# 6. AVAILABILITY
* **6.1** The availability of the Software may be affected by factors, which
the Licensor cannot reasonably control, such as bandwidth problems, equipment
failure, acts and omissions of our third-party service providers, or *force
majeure* events. The Licensor takes no responsibility for the unavailability
of the Software caused by such factors.
# 7. Limitation of liability and disclaimer of warranties
* **7.1** To the extent permitted by the applicable law, the Licensor expressly
disclaims all warranties, express or implied, for the Software. The Licensor
provides the Software on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF
ANY KIND, either express or implied, including, without limitation, any
warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or
FITNESS FOR A PARTICULAR PURPOSE. The entire risk arising out of use or
performance of the Software remains with the Licensee.
* **7.2** In no event shall the Licensor be liable for any damages whatsoever
(including, without limitation, damages for loss of business profits, business
interruption, loss of business information, or any other pecuniary loss)
arising out of the Licensee's Content, the use of or inability to use the
Software, even if the Licensor has been advised of the possibility of such
damages.
* **7.3** The Licensee is solely responsible for determining the
appropriateness of the Software and assumes any risks associated with
Licensee's exercise of permissions under the License.
* **7.4** Third-party content or services are not covered by this License. The
Licensee shall ensure Licensee's compliance with any terms set forth by the
respective third parties at its own risk, cost and expense. To the maximum
extent permitted by law, the Licensor excludes any liability for any loss or
damage resulting from the acts and omissions of such third-party service
providers.
# 8. Governing Law AND DISPUTE RESOLUTION
* 8.1 This License and any disputes arising out of or in connection with the
License and the Software shall be governed by and construed in accordance with
the laws of France. Unless otherwise provided by the applicable law, all
disputes arising out of or in connection with the License shall be submitted
to the exclusive jurisdiction of the courts in London, the United Kingdom.
# 9. FINAL PROVISIONS
* **9.1** **Indemnification.** The Licensee shall indemnify the Licensor at
Licensee's expense if any claims are asserted by a third party against the
Licensor by reason of Licensee's misconduct or breach of any terms of the
License, including failed adherence by the Licensee with any applicable laws,
including, whether express or implied.
* **9.2** **Severability.** The unenforceability of any single provision of
this License shall not affect any other provision hereof. Where such a
provision is held to be unenforceable, the Parties shall use their best
endeavours to negotiate and agree upon an enforceable provision, which
achieves, to the greatest extent possible, the economic, legal and commercial
objectives of the unenforceable provision.
* **9.3** **Waiver.** A failure of either Party to enforce strictly a provision
of this License shall in no event be considered a waiver of any part of such
provision. No waiver by either Party of any breach or default by the other
party shall operate as a waiver of any succeeding breach or other default or
breach by such other Party. No waiver shall have any effect unless it is
specific, irrevocable and in writing.
* **9.4** **Term and termination.** The License shall commence upon Licensee's
access to the Software and continue until terminated by the Licensor. Upon
termination of the License, the Licensee agrees to (i) stop all access and use
of the Software and (ii) destroy all copies of the Software and all its
component parts (if any) stored on the Devices. The provisions of the License
that, by their nature, continue and survive will survive any termination of
the License.
* **9.5** **Amendments.** The Licensor reserves the right, at its sole
discretion, to change or modify this License at any time by sending a prior
notification to the Licensee (if the contact details of the Licensee are
available to the Licensor). Any modifications to the License shall become
effective on the date indicated at the top of the amended License. By
continuing to use the Software after the date on which the modifications were
communicated, the Licensee agrees to be bound by the modified License. The
Licensor reserves the right to change or discontinue the Software and any
feature thereof with or without a prior notice to the Licensee.
* **9.6** **Entire agreement.** This License constitutes the entire
understanding between the Parties with respect to the subject matter thereof
and supersedes all prior agreements, negotiations and discussions between the
Parties relating thereto.
* **9.7** **Transfer of rights.** The Licensee is not allowed to assign
Licensee's rights under the License. The Licensor is entitled to transfer its
rights and obligations under the License entirely or partially to a third
party by giving a prior notice to the Licensee. If the Licensee does not agree
to the transfer, the Licensee can terminate this License by ceasing to use the
Software.
* **9.8** **Contact.** For general enquiries and commercial licenses to use the
Software, please contact the Licensor directly.
***