ReportBro Commercial License Agreement

Version 2, effective as of July 20, 2018

1. Scope

This Software License Agreement (hereinafter the “Agreement”) sets the terms, rights, restrictions and obligations on using ReportBro, created and owned by jobsta OG, under commercial license. The Agreement applies to business relationships between jobsta OG ("Licensor") and a Legal Entity ("Licensee"). If you did not purchase ReportBro commercial license as the Licensee, these terms do not apply to you, and your use of ReportBro is instead governed by the GNU Affero General Public License, version 3, limiting use of ReportBro to build open-source or personal projects.

In Bro words

Purchasing a ReportBro commercial license applies this Agreement to you. Otherwise, you may use ReportBro under the provisions of AGPLv3.

2. Party to the contract

Creator and owner of ReportBro is jobsta OG with its seat in Vienna and its business address at Rudolf-Zeller-Gasse 70-72/5/7, 1230 Vienna, Austria.

3. Definitions

"ReportBro" means the copyrighted material owned by Licensor, consisting of ReportBro Designer and/or ReportBro Server.

“Modification” means any revision, adaptation, or derivative of ReportBro produced by this Licensee.

“Application” or "Product" means any website, web application, computer program, software, product, project, application, or elements that the Licensee develops using ReportBro or Modifications of ReportBro in accordance with this Agreement.

"Software Release" or "Release" means a set of files distributed by Licensor, or anyone authorized to distribute it, that represents ReportBro.

"Effective Date" means the date on which the license becomes effective (issuing date on the license paper).

4. License grant

Licensor hereby grants Licensee, in accordance with one of the license models described in clause 5 and the terms of this Agreement, a perpetual, non-exclusive, non-transferable, commercial, license for an unlimited number of developers the rights to use ReportBro to
(a) create Modifications,
(b) distribute ReportBro and Modifications of ReportBro in one Application to an unlimited number of end users and to
(c) use ReportBro as part of one Application.

Licensee is entitled to receive all updates of ReportBro within 365 days that follow the Effective Date of the license. Licensor has no obligation to provide any updates and is not liable for compatibility of updates with the Licensee Application.

In Bro words

You can use ReportBro for one Application with an unlimited number of users or developers.

It is not exclusive (others companies will use ReportBro too) and is not transferable (the license or the rights granted with the license cannot be transferred to another company).

You can use this license with all ReportBro versions that are released within 12 months after the license issue date. You need to take care of compatibility of later versions of ReportBro with your Application yourself.

5. License Model

ReportBro may be assembled with one single Application in respect of the following model ("License Model"):
"SaaS License": Assembling ReportBro into one re-distributable Product or hosted Software-as-a-Service Application. The Application can be distributed on an unlimited number of virtual or physical servers.

In Bro words

One license is valid for either one SaaS application or one installation on a customer environment.

6. Support

Licensor provides support for Licensee of SaaS License for the period of 365 days following the issuing date of the license. Support is limited to electronic messaging. Licensor must keep Licensee informed about contact possibilities, rules and procedures to request support under the terms of this Agreement. Support topics are limited to the following:
(a) problem solving,
(b) feature requests,
(c) bug reports, and
(d) documentation clarification.

Licensor is not obliged to perform bug fixing, feature development or custom development activities as a result of a support request. The number of support requests that Licensor is entitled to accept from Licensee per license is one per week. Licensor may refuse support requests that exceed these limits.

In Bro words

SaaS licenses include e-mail support for 12 months after purchasing the license. We provide the contact e-mail address together with the license paper to you after verified purchase.

We'd like to help you with issues using ReportBro. However, we can only assure to answer to 1 request per week and we cannot promise or schedule bug fixes or feature development based on your requests.

7. Ownership

7.1 This is a license agreement and not an agreement for sale. Licensor reserves ownership of all intellectual property rights inherent in or relating to ReportBro and corresponding source code, which include all copyright, patent rights, all rights in relation to registered and unregistered trademarks (including service marks), confidential information (including trade secrets and know-how) and all rights other than those expressly granted by this Agreement.

7.2 You must not remove, obscure or interfere with any copyright, acknowledgment, attribution, trademark, warning or disclaimer statement affixed to, incorporated in or otherwise applied in connection with ReportBro. Notwithstanding the above, you are permitted to produce, use, and distribute compressed or “minified” copies of ReportBro that do not bear the notices contained in ReportBro’s source code, so long as you otherwise comply with the terms of this license.

In Bro words

This license is for use of ReportBro, not ownership of its intellectual property. jobsta OG continues to own ReportBro.

When you distribute your work with ReportBro, do not remove or change any disclaimers from the source files. You can however minify the source files, which may remove or change the disclaimers.

8. Prohibited Uses

8.1 Licensee Application must have substantially different functionality than, and must not compete directly with, ReportBro.

8.2 Licensee may not distribute ReportBro or Modifications except as included within the Application.

8.3 Licensee must not assemble ReportBro or Modifications in more than one Application. An OEM license has to be acquired to use ReportBro in unlimited applications.

8.4 Licensee Application must not enable end users to produce separate applications that incorporate ReportBro or Modifications. An OEM license has to be acquired for this purpose.

In Bro words

You cannot create something very similar to ReportBro. Create something unique.

Do not re-package ReportBro unless it’s part of your Application.

You need one license per application. You need to purchase an OEM license to create an unlimited number of applications with ReportBro.

You need to purchase an OEM license if you bundle ReportBro with your own software, SDK or toolkit.

9. Termination

9.1 This Agreement and the license granted hereunder shall continue until terminated in accordance with this section. Unless otherwise specified in this Agreement, the license shall last as long as Licensee's use of ReportBro is in compliance with the terms in this Agreement.

9.2 jobsta OG reserves the right to terminate this Agreement and the license granted hereunder immediately if Licensee breaches any of the material terms of this Agreement, and Licensee fails to cure such material breach within 30 days of receipt of notice from jobsta OG. Upon termination of this Agreement, all licenses granted to Licensee in this Agreement shall terminate automatically and Licensee shall immediately cease use and distribution of ReportBro.

In Bro words

This license terms apply for as long as you use ReportBro.

We have to end our business relationship with you if you don't comply with any of the terms in this agreement, and do not resolve the breach within 30 days after getting notified. After termination, you must stop using and distributing ReportBro.

10. Liability

To the extent permitted by law, ReportBro is provided as it is. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of ReportBro's actions, failure, bugs and/or any other interaction between ReportBro and Licensee's end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on ReportBro or using ReportBro's source code.

In Bro words

We aren’t liable if your business is harmed or you lose money as result of using ReportBro.

11. Warranty

To the extent permitted by law, jobsta OG disclaims all warranties that ReportBro is error free, without defects or code which may cause damage to Licensee's computers or to Licensee. Licensee is solely liable to any damage, defect or loss incurred as a result of operating software and undertaking the risks contained in running ReportBro.

In Bro words

We do not claim any warranties or guarantees with using ReportBro. There may be bugs.

12. Indemnification

12.1 Licensee may offer support, warranty, indemnity, or other liability obligations and/or rights for ReportBro as part of an Application. However, in accepting such obligations, Licensee takes sole responsibility to their fulfillment.

12.2 Licensee hereby warrants to hold Licensor and its owners and affiliates harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee's use of ReportBro in means that violate, breach or otherwise circumvent this license, Licensor's intellectual property rights or Licensor's title in ReportBro.

In Bro words

If you offer support for ReportBro to your users as part of your application it is in your responsibility to take care of that.

If someone sues jobsta OG as a result of your use of ReportBro, you are responsible for any resulting costs to jobsta OG.

13. Payment

13.1 All payments under this Agreement are due to Licensor upon purchase of a license.

13.2 Licensor accepts major debit and credit cards for online orders via third-party payment gateway providers, including, but not limited to, Stripe and PayPal. Licensor is not responsible for any payment failure resulting from inaccurate payment card details provided by Licensee when placing an online order, any restrictions applicable to payment card by Licensee's bank, or payment gateway failure.

13.3 ReportBro is a software product and hence intangible goods. Licensor must not refund, rebate, compensate or restitute payments for any reason whatsoever.

14. Miscellaneous

14.1. If any provision of this contract should be wholly or partially invalid, or should there be a gap in the contract, this shall not affect the validity of the remaining provisions.

14.2. Changes and additions to the contract must be in writing. Declarations by e-mail are deemed to fulfil this requirement.

In Bro words

If there is a problem with any part of this agreement, the rest of the agreement will remain in place.

No changes to this Agreement, unless we confirm it in writing. E-mail will do.

15. Applicable Law/Jurisdiction/Place of Performance

15.1. This contractual relationship is subject to the substantive laws of the Republic of Austria under exclusion of the regulations regarding the conflict of laws (IPRG).

15.2. All contractual disputes arising directly or indirectly from this agreement shall be handled by the local and competent Austrian court in Vienna.

15.3. It is in any event agreed that legal jurisdiction is in Austria.

15.4. The place of performance of the contractual services is in Vienna.

In Bro words

This Agreement is governed by Austrian laws and, if necessary, will be enforced in courts of Vienna, Austria.