Version dated 26/11/2019
This dual license agreement (the "DLA") is applicable to the Agreement between the Company and the Customer and forms an integral part of the Agreement.
The Company develops the software as referred to in the offer (the "Software"). The Software is distributed under the GNU GPL v3.0 license (https://www.gnu.org/licenses/gpl-3.0.en.html) and/or under the GNU AGPL v3.0 license (https://www.gnu.org/licenses/agpl-3.0.en.html) with the OpenSSL exception (the "License").
The License offers to any licensee the right to freely distribute copies and modified versions of the Software with the stipulation that the same rights be preserved in derivative or collective works created on the Software.
The Company is the copyright holder of the Software and may grant exceptions to the terms of the License.
The Company grants to the Customer an exception to the License (the « License Exception ») allowing the Customer to use and distribute the Software in (parts of its) software without being required under the terms of the License to make its software available to the public under the terms of the License.
The Company acknowledges that the software developed and distributed by the Customer and that embeds (parts of) the Software will not be considered as a derivative or collective works based on the Software and is exempt from the mandatory source code release obligation under the terms of the License.
The Company grants to the Customer, in exchange for the payment of the fee set out in the offer, a non-exclusive, non-transferable and non-licensable worldwide license to use, copy, modify and distribute in any form the Software for commercial or non commercial purposes (the « Commercial License »), subject to payment in full of the fee by the Customer and subject to compliance by the Customer with its obligations under the Agreement.
The Customer acknowledges that the Company remains the full copyright holder of the Software.
The Customer benefits from the License Exception and is granted with the Commercial License exclusively for the term as set out in the offer (which is set by default to one (1) year) starting from the acceptance date of the offer (the « Term »).
Unless otherwise set out in the offer, the Term will renew for a duration equivalent to the initial Term at the expiration of the initial Term (the “Revolving Term”) and each of the Revolving Terms will automatically renew at the expiration of each of such Revolving Terms for a duration equivalent to such Revolving Terms, unless either party notifies in writing the other party its unambiguous wish not to renew the Initial Term or the then current Revolving Term at the latest three (3) months prior to the expiration of the Initial Term or the then current Revolving Term.
At the end of the Term, the Customer may continue to benefit, on a perpetual basis (i.e. for as long as the validity period(s) of the intellectual property rights related to the Software), from the License Exception and from the Commercial License for all time-stamped versions of the Software as made available until the expiration of the initial Term or any of the Revolving Terms on the following website: https://www.orthanc-server.com/browse.php.
In exchange for the granting of the License Exception and of the Commercial License, the Customer will pay the applicable fees to the Company as set out in the offer.
The Company will invoice the applicable fees at the start of the Initial Term and, as the case may be, at the start of each of the Revolving Terms.