Version 1.1, June 2011

This document (“Agreement”) is a legal agreement between You, either an individual or a Legal Entity, and CKSource – Frederico Knabben (“CKSource”), running business activity pursuant to registration by the President of the Capital City of Warsaw under no. 429043, covering Your permissions for use, reproduction and distribution of the Software under the License terms defined hereby.

1. Definitions

“Agreement Name” shall mean the name used to reference this Agreement in any context, which is “CKEditor for SharePoint License 1.1”.

“Software” shall mean the copyrighted material owned by CKSource, subject to the terms of this License. The Software is publicly, uniquely and in its entirety recognizable by the ‘CKEditor for SharePoint’ name (“Software Name”).

“Software Release” or “Release” shall mean a set of files distributed by CKSource, or anyone authorized to distribute it, that represents the Software. A Release is uniquely identified by the Software Name and a code. The code is generally referenced as the Software version or revision number, or the combination of both.

“Release Date” shall mean the day that CKSource started distributing a Release.

“Network Server” shall mean a computer with one or more computer central processing units (CPU's) that operates for the purpose of serving other computers logically or physically connected to it, including, but not limited to, other computers connected to it in an internal network, intranet or the Internet.

“Development Server” shall mean a computer with one or more computer central processing units (CPU’s) that operates for the exclusive purpose of software development, software testing or data backup.

“Server” shall mean either a Network Server or a Development Server.

“SharePoint” shall mean Microsoft SharePoint Server, Microsoft Office SharePoint Server, Microsoft SharePoint Foundation or Windows SharePoint Services — products in the Microsoft SharePoint family of products, produced by Microsoft Corporation.

“SharePoint Server” shall mean a single installation of SharePoint on a single Server.

“SharePoint Farm” shall mean a group of SharePoint Servers joined by sharing the same database. For the purposes of this Agreement, a single SharePoint Server can also represent a SharePoint Farm.

 “Legal Entity” shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

“You” (or “Your”) shall mean an individual or Legal Entity exercising permissions granted by the License and accepting this Agreement.

2. Grant of License

Subject to the terms of this Agreement, CKSource hereby grants to You, in one of the License Model described in Section 4, a non-exclusive, perpetual, irrevocable, royalty free, worldwide license (“License”) to use, reproduce and distribute a Software Release.

You should carefully read the following terms and conditions before using, installing, copying, or distributing the Software. Unless otherwise agreed in writing signed by CKSource, your use, installation, copying, or distribution of the Software indicates your acceptance of this License.

3. Scope of License

All rights of any kind in the Software which are not expressly granted in this Agreement are entirely and exclusively reserved to and by CKSource. The Software is protected by applicable national and international laws and treaties.

You may use, install, copy and distribute the Software solely as expressly provided in this Agreement. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software, in whole or in part, nor permit anyone else to do so. You may not make access to the Software available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so.

It is agreed that in exchange for the license set forth herein, you will pay a onetime license fee (“License Fee”). The fee value will be specified by CKSource at the moment of the purchase.

4. License Model

The Software is licensed to you on a Server basis, per SharePoint Farm. This means that you may install the Software on a single Server running a single SharePoint Farm or on a series of Servers running a single SharePoint Farm. The basic License Fee price is valid for a single Server. Additional fees are applicable for each additional Server running the SharePoint Farm. Development Servers running independent SharePoint Farms that are directly related to the scope of the licensed SharePoint Farm can be considered additional Servers for the scope of this license.

5. Unlicensed Copies

If you did not pay for a license, you may use unlicensed copies of the Software for the exclusive purpose of demonstration. In this case you will be using the Software in "demo mode". Without derogating from the forgoing, you may not use the Software in "demo mode" for commercial purposes. The Software shall be used only for evaluation purposes and may not be used or disclosed for any other purposes, including without limitation, external distribution or software development. You may not remove demo notices from the interface nor disable the ability to display such notices or otherwise modify the Software. Product support, if any, is not offered for the Software in "demo mode".

The Software may be automatically blocked and totally stop working after a certain amount of time running in “demo mode”. It’s not allowed to extend the demo mode in such case and a valid license must be purchased to unblock the Software.

6. Agreement Acceptance

This Agreement is automatically accepted by both parties as long as You are in possession of legal evidence (“Legal Evidence”) that the acceptance has taken place. The Legal Evidence can be represented by (i) an agreement signed by You and CKSource stating the acceptance of this Agreement or (ii) a valid purchase invoice, or fully paid order confirmation, provided by CKSource and addressed to You. The Legal Evidence must precisely indicate this Agreement Name, the Software Name and the number of Servers licensed.

Legal Evidences may define further rights and limitations terms that are not described in this Agreement. Any term present in the Agreement that goes in conflict with the Legal Evidence terms is to be deleted or amended.

7. Limitation on Releases

This agreement is valid for all Releases of the Software that have the Release Date happening before the day calculated by adding 365 days to the date the Legal Evidence has been made effective. CKSource has no obligation to provide you any Release that is not released for general distribution to CKSource's other licensees. Nothing in this Agreement shall be construed to obligate CKSource to provide additional Releases to You under any circumstances.

8. Support

Unless explicitly indicated in the Legal Evidence, CKSource is not required to provide you any kind of support on any activity following the acceptance of this Agreement, including, but not limited to, the use, integration, description, documentation or training of the Software.

9. License Key

Following a valid License purchase, a unique license key (the "License Key") may be provided to you, which allows for the registration of the Software. The License Key is subject to the restrictions set forth in this License and may not be disclosed or distributed in any way. The disclosure or distribution of the License Key shall constitute a breach of this License, the effect of which shall be the automatic termination and revocation of all the rights granted herein.

10. Reservation of Rights and Ownership

CKSource reserves all rights not expressly granted to You in this Agreement. The Software is protected by copyright and other intellectual property laws and treaties. CKSource owns the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. This Agreement does not grant you any rights to trademarks or service the Software marks.

11. Termination

Without prejudice to any other rights, this Agreement automatically terminates if you fail to comply with the terms and conditions of this Agreement. You may terminate this Agreement at any time without cause. In case of termination, in any circumstance, payments issued by You will not be reimbursed.

12. Warranty

CKSource warrants that it has full title and ownership to the Software and has the authority to grant the license hereunder. To the best of CKSource's knowledge the Software does not infringe upon the intellectual property rights of any third party and that CKSource did not receive any notice regarding any alleged infringement thereof.

13. Disclaimer of Warranties

With the exclusion of warranties explicitly mentioned in Section 12, the Software and its related material are provided “AS IS” and without warranty of any kind. CKSource expressly disclaims all other warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

14. Exclusion of Incidental, Consequential and Certain Other Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CKSOURCE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, AND EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. Limitation of Liability

In no event shall CKSource’s liability exceed the license fee paid, if any.

16. Governing Law and Venue

This Agreement shall be construed and controlled by the laws of Poland, and You and CKSource further consent to exclusive jurisdiction by the courts of Poland.