SummitCMSTM COMMUNITY LICENSE (v1.1 – Effective Jan 1, 2008)
In accordance with the terms of this License, the First Summit Group, LLC, or its successor, (“FSG”) grants the licensed entity (“Licensee”) a non-exclusive, perpetual, royalty-free, non-transferable, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works and use this version of the SummitCMSTM Web Platform (“Software”) as described herein.
This SummitCMSTM Community License is granted to registered Licensees who are a (1) K-12 and regionally-accredited Higher-Education institutions, (2) recognized governmental organization, (3) organization recognized as having a not-for-profit tax status by the IRS or state of incorporation, or (4) individual using the Software for non-commercial use. The registration for this license shall be submitted at www.SummitCMS.org.
In exchange for this license grant, the following terms apply:
o Licensee is authorized to modify the Software source code as desired and may freely distribute the Software, in its original or modified form, within its own organization. It may not directly distribute the Software, in its original or modified form, to any third-party except as described below.
o At least quarterly, any integrated functional enhancements or code fixes associated with the Software will be disclosed to FSG via the www.SummitCMS.org Web site.
o At FSG’s request, Licensee will submit to FSG the Source Code for any Software enhancements, fixes, or derivative works developed by the Licensee (“Contribution”) for evaluation, quality control testing, and possible redistribution to the entire user community either as part of the Software or as an add-on module. The Source Code consists of any programming code, database schemas, essential data, documentation, and other digital elements necessary to deploy the Contribution; if portions of the Source Code are licensed to the Licensee by a third-party, the nature of this license shall be disclosed as well.
o The User Community consists of licensed users (those under the SummitCMS Community License and/or the SummitCMS Commercial License).
o The Software is a content management system/web application framework/portal platform consisting of the core application and any Contributions released under this License. It does not include any third-party libraries distributed with the Software that are covered under different licenses and are annotated within the product documentation.
o As coordinator and steward of the Software, FSG will attempt to ensure compatibility, fitness, and reliability between the Contribution and Software prior to releasing it to the User Community.
o Licensee retains the copyright to these modifications but grants to FSG a non-exclusive right to use and modify the Contribution as well as an exclusive right to commercialize, license, and distribute the original or modified Contribution to third-parties.
o Contributions identified as “proprietary in nature” by the Licensee will not be released to the general public. However, FSG reserves the option of modifying the Contribution to eliminate the proprietary nature of the Contribution and subsequently release this version of the Contribution. If FSG opts to make these modifications, the changes will be made at FSG’s expense.
o Licensee agrees, at a minimum, to maintain the text “SummitCMSTM Web Platform. Copyright © 2001-2008, First Summit Group, LLC.” on the homepage of the Web site or application. This text shall be human-readable, search-engine friendly, and easily found on the page. The text shall also serve as a hyperlink to www.SummitCMS.org. Alternative text may be provided at this Web site as well. Ideally, this text will appear in the footer of all Web pages managed by the Software.
o Licensee will register all production sites operating under this License at www.SummitCMS.org. FSG is authorized to remotely query the system to gather general statistics such as the number of content managers using the Software, number of pages, functionality implemented, and traffic volume statistics. This will be done via the use of a URL embedded within the software. If the site is not publicly-accessible, Licensee will provide these statistics upon request no more than quarterly.
o Licensee will not provide commercial technical support or other for-fee services to external users without prior consent from FSG. Such consent shall not be unreasonably withheld providing Licensee is deemed qualified to provide such services.
o Neither the name of FSG, nor the names of any contributors to the Software, nor any of their trademarks or service marks, may be used to endorse or promote products or services derived from this Software without express prior written permission of FSG.
o Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of FSG except as expressly stated herein.
o Nothing in this License shall be interpreted to prohibit FSG from licensing under different terms from this License any Software or Contributions that Licensor otherwise would have a right to license.
o Licensee must retain, in the Source Code of any Contribution that Licensee creates, all copyright, patent or trademark notices from the Source Code of the Software, as well as any notices of licensing and any descriptive text identified therein as an "Attribution Notice." Licensee must cause the Source Code for any Contribution that Licensee creates to carry a prominent Attribution Notice reasonably calculated to inform recipients that Licensee has modified the Software.
o Licensee may use the Software in all ways not otherwise restricted or conditioned by this License or by law, and FSG promises not to interfere with or be responsible for such uses by Licensee.
o Should a user of this Software fail to comply with the terms of this license, user agrees to cease use of Software or acquire an appropriate license in a timely fashion and authorizes FSG to facilitate cessation as may be required. This is in addition to any other remedies permitted by law.
BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH LICENSEE. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NO LICENSE TO SOFTWARE IS GRANTED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
IN NO EVENT, UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING, WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any action or suit relating to this License may be brought only in the courts of a jurisdiction wherein FSG resides or in which FSG conducts its primary business, and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the Software outside the scope of this License or after its termination shall be subject to the requirements and penalties of the U.S. Copyright Act, 17 U.S.C. § 101 et seq., the equivalent laws of other countries, and international treaty. This section shall survive the termination of this License.
This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
Unique SummitCMS Community License terms apply to version 5.3.2 of the Software as licensed to the University of North Carolina (UNC) and its constituent institutions. Software and License details may be obtained from the Director of Online Services at UNC-General Administration (phone: 919.962.1000). Any UNC constituent organization desiring to use the current version of Software must abide by the terms of this License.
NOTE: If a potential licensee cannot comply with these terms, due to an inability to share Software modifications with the User Community or otherwise, the licensee should acquire a SummitCMS Commercial License.