FilePond Developer Support License
Below are the official FilePond Developer Support Package terms, as well as a plain English summary of the terms. These summaries are provided for your convenience, but are not binding; your use of FilePond is governed by the full license terms.
This License Agreement (the "Agreement") is between PQINA ("PQINA") and You (either in your capacity as an individual or as a single entity), a Support licensee of PQINA's software.
Domain means a unique name or address by which a Website is reachable. If a Website is reachable by the address "https://www.example.com", the Domain is "example.com".
End User means an end user of Your Product who acquires a license to such solely for their own use and not for distribution, resale, user interface design, or software development purposes.
Licensed Developer shall mean a person who is working directly or indirectly on a project that includes the Software, including front-end developers, designers, testers, as well as backend developers working on the business logic related to integrating the Software. This doesn't include developers working on completely different modules of your project.
Licensee shall mean the company, person or organization holding a license and contracting party to this Agreement.
Modification means any revision, adaptation, or derivative of the Software produced by You.
Product means any software, application, or elements that you develop using the Software or Modifications in accordance with this Agreement. A family of Products or a group of Products does not constitute a Product within the frames of this Agreement.
Software means FilePond image editor by PQINA.
Website means a collection of web pages that all have the same Domain and that serve and are operated by one single entity or Licensee.
During the term of this agreement, You have access to the Software's online support services via email. You will get answers to technical questions within five (2) business days. Yearly support time is limited to eight (8) hours per Licensed Developer.
Support shall refer only to Software's source code, integration questions related to the Software's API and documentation clarification. Support doesn't include customization, installation, and questions related to other programming languages, libraries or frameworks.
Under no circumstances is PQINA required to fix Software's bugs, to perform custom development, or to write code for You.
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 for one (1) Year.
PQINA shall have the right to terminate this Agreement and the license granted hereunder immediately if You breach any of the material terms of this Agreement, and You fail to cure such material breach within thirty (30) days of receipt of notice from PQINA. Upon termination of this Agreement, all licenses granted to You in this Agreement shall terminate automatically.
4. Disclaimer of Warranties
TO THE EXTENT PERMITTED BY LAW, PQINA DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE. WE DO NOT GUARANTEE THAT THE OPERATION OF THE SOFTWARE OR YOUR APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU ACKNOWLEDGE THAT IT IS NOT TECHNICALLY PRACTICABLE FOR US TO DO SO.
5. Limitation of Liabilities
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PQINA BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LAW) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE CODE IT PRODUCES OR ANY OTHER SUBJECT MATTER RELATING TO THIS AGREEMENT, EVEN IF PQINA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In any case, PQINA's entire liability with respect to any subject amtter relating to this agreement shall be limited to the license fee paid by licensee for the license.
While redistributing the Software or Modifications thereof as part of Your Product, You may choose to offer acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this Agreement. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, and not on PQINA’s behalf.
You agree to indemnify, hold harmless, and defend PQINA and its owners, officers, agents, and affiliates from and against any and all claims, lawsuits and proceedings (collectively “Claims”), and all expenses, costs (including attorney's fees), judgments, damages and other liabilities resulting from such Claims, that arise or result from: (i) Your use of the Software in violation of this Agreement; (ii) the use or distribution of Your Product, except to the extent such claim is based solely on the inclusion of the Software therein; (iii) Your Modification of the Software’s source code; or (iv) Your accepting support, warranty, indemnity, or additional liability as described in Section 8.1.
7. Payment and Taxes
Each party shall be responsible for all taxes (including, but not limited to, taxes based upon its income) or levies imposed on it under applicable laws, regulations and tax treaties as a result of this Agreement and any payments made hereunder (including those required to be withheld or deducted from payments); provided that You shall be responsible for any value added tax, use tax, sales tax, or similar tax, and shall pay or reimburse PQINA for the same upon invoice. Each party shall furnish evidence of such paid taxes as is sufficient to enable the other party to obtain any credits available to it, including original tax withholding certificates.
We are each responsible for any taxes that we owe as a result of this agreement.
The License fee is refundable only under the following conditions:
- The refund request is made within sixty (60) days from the purchase date;
- You've not requested support;
In order to ask for a refund, You can contact PQINA at [email protected]. As soon as the request is received, PQINA will evaluate refund validity, if You are eligible for a refund PQINA will initiate a full refund of the purchase within fifteen (15) business days.
Once PQINA initiates the refund You will get a confirmation email and this agreement is terminated. You shall remove, delete or otherwise destroy any material that You have received, copied or otherwise obtained.
The License fee is refundable only if the refund request is submitted within sixty (60) days from the purchase date, and you did not requested support. Contact us at [email protected] to request a refund.
1. Software Updates and Upgrades
The license granted herein applies only to the version of the Software available when purchased in connection with the terms of this Agreement, and to any updates and/or upgrades to which You may be entitled. Any previous or subsequent license granted to You for use of the Software shall be governed by the terms and conditions of the agreement entered in connection with purchase or download of that version of the Software.
This license applies to all versions of FilePond. Previous licenses still apply if you have used a previous version with a different license.
The provisions of sections 4 through 9 will survive termination of this Agreement.
3. Compliance with Applicable Laws
You agree that You will comply with all applicable laws and regulations with respect to the Software, including without limitation all export control laws and regulations.
You agree to PQINA’s use of Your name, trade name, and trademark, for use in PQINA’s marketing materials and its website, solely to identify you as a customer of PQINA.
You agree that we can use your name and your logo for marketing.
This Agreement may be assigned by PQINA in whole or in part and will inure to the benefit of PQINA’s successors and assigns. You may not assign or transfer this Agreement without PQINA’s prior written consent. Notwithstanding the foregoing, however, if You transfer ownership of a Product to a customer for which it was developed, You may assign this Agreement to that customer (the “Assignee”) provided: (i) You provide written notice to PQINA prior to the effective date of such assignment; and (ii) there is a written agreement, wherein the Assignee accepts the terms of this Agreement.
You may assign this license to a customer, or another company or organization, so long as you get our written permission.
6. Entire Agreement
The terms and conditions stated herein set forth the entire agreement of the parties and replace and supersede all other contracts, agreements, and understandings, written or oral, relating to the subject matter hereof.
In the event that any portion of this Agreement is held to be unenforceable, such portions shall not limit or otherwise modify or affect any other portion of this Agreement.
If there is a problem with any part of this agreement, the rest of the agreement will remain in place.
8. Modification; Waiver
This Agreement can't be amended except by a written instrument executed by each of the parties. The failure of either party to enforce any provision of this Agreement may not be deemed a waiver of that or any other provision of this Agreement.
No changes to this Agreement, unless we confirm it in writing. All of these terms remain enforceable even if we don't enforce them at every opportunity.
9. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of The Netherlands and you irrevocably submit to the exclusive jurisdiction of the courts in that country.
10. Government Use
If the Software or any related documentation is licensed to the U.S. Government or any agency thereof, it will be considered to be “commercial computer software” or “commercial computer software documentation,” as those terms are used in 48 CFR § 12.212 or 48 CFR § 227.7202, and is being licensed with only those rights as are granted to all other licensees as set forth in this Agreement.