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LiveCode Create End User License Agreement (EULA)
This End User License Agreement (“EULA”) is a legal agreement between you (“Licensee” or “you”) and LiveCode Ltd. (“LiveCode” or “we”) for the use of LiveCode and LiveCode Create software and all associated files including installer archives and all related documentation (“LiveCode Software”). By installing, copying, or otherwise using the LiveCode Software, you agree to be bound by the terms of this EULA. If you do not accept the terms of this Agreement you must not use the LiveCode Software; and you must immediately destroy all copies of the LiveCode Software.
1. Grant of License
1.1 LiveCode Ltd (“LiveCode”) hereby grant you (“you” refers to a single individual) a non-exclusive non-transferable license to use the LiveCode Software subject to the terms set out in this Agreement:
1.2 Upon purchase of a license, your account will be updated to include your new License and you may use your user name and password to license the LiveCode Software (“Licensing Key”), which will install the Licensing Key, causing the software to become fully functional (“Licensed Edition”). If you purchased a license through a third party, you will be required to visit a designated website to register your purchase and supply LiveCode with additional, required contact information. After all required information is received by LiveCode, LiveCode will transmit a final Licensing Key. This license unlocks both Create Native and Classic versions of LiveCode.
1.3 The Licensed Edition includes access to platforms for development and deployment as described on our web site. You may only use or deploy the Licensed Edition on the platforms You have purchased access to.
1.4 The Licensed Edition may be used exclusively by You on a reasonable number of machines and platforms You may have for Your own exclusive use and may not be transferred to, or loaned to, or used by another entity at any time or for any purpose.
1.5 If the Licensed Edition has been purchased on a subscription basis it may only be used while your subscription is current. During the subscription term we will provide updates to the Licensed Edition free of charge. At the end of the term access to the Licensed Edition will cease unless You renew Your subscription. If the Licensed Edition has been purchased on a perpetual license basis then the version(s) for which You purchased a perpetual license may continue to be used past the end of any subscription term.
1.6 If you have purchased multiple copies of the LiveCode Software, You must nominate a single individual as a contact (“License Contact”). Other individuals, who do not have to be named, may use copies of the Licensed Edition, up to the maximum number of users purchased with your license, each known as “Licensed User”.
1.7 The Licensed Editions have built in limits that restrict the use of certain features (“Limits”). Such Limits are published on our web site from time to time and may be varied at any time without notice. You may not attempt to exceed the Limits.
1.8 The Licensed User must not permit any other person to access the Licensing Key or username and password used to unlock the Licensed Edition.
1.9 LiveCode Ltd will provide basic technical support via electronic conveyance, to the Licensed User in the case of a single user license, or the Licensed Contact in the case of multiple users, for 90 days from date of purchase, relating to installation of the product only, unless additional support has been purchased, or the license purchase exceeds a threshold amount which amount shall be varied from time to time and published on our website.
1.10 In the event that the threshold amount specified in Section 1.9 is exceeded, LiveCode Ltd shall provide an Account Manager and direct technical support to the Licensed User as necessary, said technical support to be within reasonable limits.
1.11 With the exception of an outright sale and complete transfer of all rights under this agreement (which includes the transfer and acceptance of all the terms of this agreement in full), you may not resell, rent, lease or otherwise transfer rights to the LiveCode Software, for any financial gain or otherwise, or remove any proprietary notices or labels on the LiveCode Software.
1.12 The LiveCode Software or Created Software is subject to United Kingdom export laws as well as the laws of the country where it is delivered or used. You agree to abide by these laws. Under these laws, the LiveCode Software may not be sold, leased or transferred to embargoed countries, other restricted countries, restricted end-users, or for restricted end-uses. You specifically agree that the LiveCode Software will not be used for activities relating to weapons of mass destruction, including but not limited to, activities relating to the design, development, production or use of nuclear materials, nuclear facilities, or nuclear weapons, missiles or in support of missile projects, or chemical or biological weapons. You understand that certain functionality of the LiveCode Software, such as encryption or authentication, may be subject to import or export restrictions in the event that you transfer the LiveCode Software from the country of delivery and you are responsible for complying with the applicable restrictions.
2. License Types and Restrictions
2.1 Available Licenses
There are three available per seat licenses for LiveCode Create:
2.2 License Restrictions
An organization may not purchase separate seats for Create Native and Create Cloud. If both functionalities are required, the appropriate license type is LiveCode Universal and all seats within the organization must be Universal.
2.3 Supersession of Previous EULAs
This EULA supersedes all previous EULAs. Any purchase of LiveCode Create automatically applies this EULA to all new uses of the LiveCode Software going forward, including the use of the Software previously known as LiveCode and now known as LiveCode Classic. You cannot use the end user agreement for any version of LiveCode Classic in conjunction with this EULA.
3. License Models
3.1 Commercial User Model
A commercial user includes both the developer of the app and the users of that app (whether supplied to those users as a standalone application, as an editable file within the LiveCode IDE, hosted anywhere including in the Create Cloud, or by other means). It is defined as anyone with whom your organization has a commercial relationship. This includes but is not limited to all employees, customers, and contractors. It excludes users who are not customers, employees, or contractors—i.e. “free users.” If you are using LiveCode Create within an organization to produce software for use by employees, contractors or customers of that organization, or building customized apps for use by a named client, you must choose this license type.
A Commercial seat is defined either as a distinct person who owns a license for the LiveCode Software and may install it on as many computers as he/she is personally using OR as a single installation of the LiveCode Software on one computer which may be used by multiple persons.
A free user is a user with whom there is no commercial relationship. Any apps built for free users must display a badge stating “Made with LiveCode Create. Non-commercial use only”.
3.2 Apps for Sale Model
This model is based on payments made on your app. “Application Payments” refers to the revenue generated by your app each month when sold as packaged software, e.g., in an app store, with more than one customer. If you are selling generic packaged software to the general public you must choose this license type. You may not choose this license type to license apps used within an organization or customized for a specific client.
3.3 Choosing your model
You may choose to license LiveCode Create under either the Commercial Seats model or the Application Payments model. Both models may be used within one organization. You must choose the appropriate model for your use-case. You may not choose the Commercial User model if you are selling an app to the public, and you may not choose the Apps for Sale model if you are using the Software internal to an organization or building bespoke software for a specific client. Violation of this clause may result in the suspension of access to the LiveCode platform and your Created Software.
4. Building for others
The ability to create and distribute Created Software is intended for You to use with applications You have created or been substantially involved in developing. You are prohibited from using the Licensed Edition to build standalone applications for others where You are not the author of the application, or confer on others who do not hold a valid seat license for the Software under the terms of this EULA the ability to build standalone applications by any means whatsoever. For the avoidance of doubt, You may not use the Licensed Edition to create or distribute Created Software for other users who are using the Community Edition or the Classic Edition of LiveCode under the previous EULA. This clause is intended to prevent You from providing any facility or service which would reduce or eliminate the requirement for other LiveCode users, including users of the Community or Classic Edition, to purchase a Licensed Edition to distribute their own Created Software.
5. Licensing Requirements for Commercial Seats
5.1 If you are using Create under the Commercial User licensing, you agree to maintain adequate licensing for the number of commercial seats in use.
5.2 You may deploy any type of app using a Commercial Seats license provided every user of the software also has a seat license.
5.3 You may not use your Commercial Seats license to build software for any person not holding the same license type. For example if you hold a license for LiveCode Create Universal, you may not share the apps you build with a user who only has a LiveCode Create Web license or only has a Create Native license.
5.4 You may not use your Commercial User License to create and distribute standalone apps for any person who does not have a valid seat license for LiveCode Create.
5.5 Non-compete waived.
6. Licensing Requirements for Application Payments
If you are using Create under the Application Payments licensing, you agree to the following terms:
6.1 You agree to sign a contract with LiveCode Ltd governing the distribution of apps under this licensing model;
6.2 You agree to pay LiveCode Ltd the appropriate percentage of all revenue generated by the apps built using Create as defined in your Application Payments contract;
6.3 You agree to purchase the appropriate number of commercial user seats for all developers using Create to develop the apps built for sale under this agreement.
6.4 Non-compete for Application Payments Apps
For holders of an Application Payments license type, the following applies:
a) The clauses in this section are intended to prevent you from using the Licensed Edition to release Created Software or engage in activity using the Licensed Edition, that is directly damaging to our business. Such damage may result from any activity that reduces, or negates, the requirement for other users of any edition of the LiveCode Software to purchase a Licensed Edition in order to enjoy the same benefits that you enjoy under this agreement.
b) You are prohibited from creating or distributing Created Software to be used and marketed as a generic rapid application development tool, or a low-code or no-code platform for app creation.
c) You are prohibited from using the Licensed Edition to password protect or otherwise secure LiveCode stacks substantially created by anyone other than You.
d) You are prohibited from creating or distributing Created Software with the primary purpose of being used as a generic Player application for Created Software built with any edition of LiveCode. This clause is intended to prevent you from conferring the ability to others to distribute closed-source applications, including stacks, without purchasing a license.
e) Irrespective of the specific exclusions listed in this section, you may not invent, contrive or enter into any form of business that utilizes your Licensed Edition to reduce or eliminate the need for any other entity to purchase a Licensed Edition. Selling licenses is the core of our business and you accept that your use of the Created Software will not be used, intentionally or otherwise, to undermine that business.
f) In the event that either you or LiveCode Ltd determines that your software, or a service you provide, is in violation of any of the clauses above, you must withdraw the Created Software or service immediately. It is agreed that engaging in such competition with the LiveCode Software could cause irreparable harm and injury and LiveCode Ltd will be entitled, in addition to any other rights and remedies it may have at law or in equity, to an interdict, injunction or other similar relief enjoining or restraining you from doing or continuing to distribute such Created Software or provide such competing service.
7. Compliance with Tracking Methods
You agree to comply with any technical methods of tracking seat and app usage that may be incorporated into the product from time to time. If, for reasons of customer confidentiality and security, you are unable to comply with tracking of your software, you may opt-out of tracking with us by signing a customized contract with us instead. The provision and agreement of such a contract will be assessed by LiveCode Ltd on a case by case basis and may or may not be granted, LiveCode Ltd is in no way obligated to provide such an agreement. The terms of any such contract will be binding.
8. Audit Rights and Compliance
8.1 LiveCode reserves the right to audit your use of the Software to ensure compliance with the licensing terms. Audits will be conducted during normal business hours with reasonable notice. You agree to provide access to all relevant records and cooperate fully with LiveCode’s audit team. If the audit reveals under-licensing, you agree to promptly purchase additional licenses to cover the shortfall and reimburse LiveCode for the cost of the audit if the under-licensing is found to be more than 5% of the licensed amount.
8.2 In the event of non-compliance with any of the licensing terms in this EULA, after having notified You of any such non-compliance, and in the event that such non-compliance is not promptly remedied to the satisfaction of LiveCode Ltd, LiveCode Ltd reserves the right to withdraw the granted licensing and remove access to any apps built using LiveCode Create under this licensing. LiveCode Ltd shall be considered to have provided notification by emailing the license holder using the email address provided by the license holder in their LiveCode Create account.
9. Platform Analytics
For the purposes of understanding the use of LiveCode Create and improving its offering, LiveCode Create may include various platform analytics in the Software. When you use the AI features of LiveCode Create, we may collect and analyze usage data and this usage data is anonymized and may be shared with the AI service provider. Sharing with the AI service provider allows that service to improve its results to queries concerning LiveCode, both within the LiveCode Create product and externally. By using the Software, you agree to the use of your anonymized data for these purposes.
10. Free Use for Educational and Non-Commercial Purposes
10.1 Educational Use
The use of LiveCode Create for the purpose of teaching coding is free to high schools, middle schools and elementary (primary) schools that are publicly (state) funded. These schools are teaching students between the ages of 5 and 18. Proof of status will be required for the supply of such a free license, and any software created using a free educational license will be required to display the LiveCode Create logo and a badge stating “Made with LiveCode Create. Non-commercial use only.” Pupils in such a publicly funded educational elementary or high school may also use LiveCode Create at home without charge, on provision of appropriate proof of educational status.
10.2 Non-Commercial Use
The use of LiveCode Create is free to end users of apps that are supplied completely free, with no commercial gain to the creator of the app. Such apps must display a “Made with LiveCode Create. Non-commercial use only” badge and you must not attempt to disable the display of this badge.
11. Fair Use of App Resources
LiveCode Create includes options to host your apps, media and app data on our servers as well as access to third party AI platforms. These are collectively known as “app resources.” The use of app resources is subject to fair use as defined in a separate agreement updated from time to time. There will be a cost to going over the limits set for fair use, as defined on our website and updated from time to time. The fair use limits will be lower for free apps. If the limits are exceeded payments will apply for the further use of app resources. If at any time the use of app resources by any app hosted on our servers is such that it affects the performance of our service for other users (for example, but not limited to, a Denial of Service attack or a runaway data loop) LiveCode Ltd has the right to suspend service to the offending app until such time as the issue is resolved.
12. WIDGETS
LiveCode 8 and later include the ability to extend the platform using widget objects and libraries (“Widgets”). You may create Widgets freely for your own use or for distribution in any Created Software that has been built as a standalone executable. You may also distribute Widgets without charge for use by other users within the LiveCode development environment.
13. REVOLUTION ONLINE (and its successor or replacement services)
13.1 LiveCode Ltd hereby grant you the right to use the Revolution Online service for the purposes of downloading software, accessing content, or distributing Created Software subject to the following conditions. LiveCode Ltd may require you to acknowledge additional agreement for any update or successor service to REVOLUTION ONLINE; if you fail to acknowledge such additional agreement, LiveCode Ltd may limit or remove your right of access.
13.2 REVOLUTION ONLINE utilizes Internet or electronic conveyance to allow transmission and execution of LiveCode-based files. As such you must be sure that you trust the provider of any content you access. LiveCode Ltd expressly disclaims all warranty with respect to use of this service for any damage caused irrespective of the nature of such damage.
13.3 Your user name on the Revolution Online service allows you to upload or modify files online. Each LiveCode edition comes with a limited amount of online server space, you may not attempt to exceed the storage space allocated to you without the purchase of additional space.
13.4 Uploading or modifying stacks with Revolution Online will only be permitted when you have an active license and you have not previously breached an agreement with LiveCode Ltd. An active license is defined as being a license capable of unlocking the latest shipping version. In the event of a new version of the software being made available, you must upgrade to this version by paying a fee or purchasing an upgrade subscription in order to be able to continue to upload or modify your Revolution Online content.
14. Prohibited Content in Hosted Apps and Revolution Online.
LiveCode Create offers the ability to host your apps on our servers or cloud as well as upload samples and stacks to Revolution Online. You must not host any illegal or defamatory content on our servers. Specifically:
You must not upload content that may be offensive, pornographic or damaging. Your license may be revoked with no recourse to a refund of any monies paid to us, and content uploaded to your user directory may be deleted by LiveCode Ltd if any of the following points hold –
LiveCode Ltd expressly disclaims all warranties with respect to this service. This disclaimer includes but is not limited to your data being deleted or lost for any reason, by technical failure, by act of God, or that access to the service may be suspended at any time for any reason. LiveCode Ltd draws your attention to the fact that even though it may choose to delete offensive or damaging content, it does not guarantee to do this and the final responsibility for such content rests with the user who provided such content.
15. Required Copyright Notice
You must include the following copyright notice where other such notices appear. In the event that such other notices do not appear in the Created Software, this notice must be placed in a reasonable location.
Built with LiveCode Create. Portions Copyright (C) 2000-<current year> LiveCode Ltd, All Rights Reserved Worldwide.
16 Open Source licenses
In common with many other platforms the LiveCode Software uses open source software to deliver some functionality. You must also include the file “Open Source Licenses.txt” within any created software. This may be included within your About screen, as a file within the folder structure of a desktop app or in another accessible location.
We would like you to include the LiveCode Ltd logo, as per the terms set on our website. However, unlike the Copyright notices above, you are not required to include the logo unless you are shipping a free app.
17. TITLE
Title, ownership, rights, and intellectual property rights in and to the LiveCode Software and all related documentation shall remain with LiveCode Ltd. The LiveCode Software is protected by the copyright laws of the United Kingdom and international copyright treaties. For the purposes of this license “intellectual property rights” means any and all patents, copyright, registered or unregistered design rights, trade marks, trade names, know-how, database rights or other intellectual property rights.
18. DISCLAIMER OF WARRANTY
19.1 THE TOTAL LIABILITY WHICH LIVECODE LTD OWES TO YOU IN RESPECT OF BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE SHALL, OTHER THAN IN CIRCUMSTANCES IN WHICH SUCH ACTS RESULT IN DEATH OR PERSONAL INJURY IN WHICH CASE LIABILITY SHALL BE UNLIMITED, BE LIMITED TO THE SUM OF £1000 IN RESPECT OF ANY ONE CLAIM OR AGGREGATE OF CLAIMS ARISING IN ANY TWELVE MONTH PERIOD;
18.2 THE SOFTWARE AND DOCUMENTATION AND REVOLUTION ONLINE SERVICE ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIVECODE LTD FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS;
18.3 THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION AND HOSTED APPS AND DATA AND REVOLUTION ONLINE SERVICE REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIVECODE LTD BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF LIVECODE LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
19. TERMINATION
This license shall terminate automatically if you fail to comply with the limitations described in this Agreement. No notice shall be required from LiveCode Ltd to effectuate such termination. On termination you must destroy all copies of the LiveCode Software including the installer archive and any copies of it therewith. However, such termination does not prejudice the right of LiveCode Ltd to obtain injunctive, equitable or any other relief in the event of such a breach.
20. GOVERNING LAW
This License shall be governed by the laws of Scotland, UK. and in the event of any dispute the parties agree to submit to the non-exclusive jurisdiction of the Scottish courts. LiveCode Ltd may at its sole and exclusive discretion, bring action in any competent jurisdiction worldwide.
21. ENTIRE AGREEMENT
This License constitutes the entire agreement between LiveCode Ltd and you with respect to the subject matter hereof and with the exception of any fraudulent or negligent misrepresentations supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. The only exception to this is any explicit terms you may have agreed to before downloading the package from our web site, or any other supplementary terms made clear by us prior to your agreeing to this agreement. Any such terms will form part of this agreement. This License may not be modified except in a writing duly signed by an authorized representative of LiveCode Ltd and you.
This EULA is effective as of the date of acceptance by you and will remain in effect until terminated. LiveCode reserves the right to modify this EULA at any time, and such modifications will be effective immediately upon posting on the LiveCode website or otherwise notifying you. Your continued use of the Software after any modifications to this EULA constitutes your acceptance of the modified terms.