LICENSE

Wickr Public Review License

Preamble

This license governs Licensee’s use of the Work. This license is intended to allow developers, cryptographers, and academics an opportunity to analyze, audit, evaluate, review, and test the Work. This license does not provide for the Commercial Use of any Work distributed under this License. 

The Work is provided under the terms of the Wickr Public Review License (“License”). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.

BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE AUTHOR GRANTS YOU THE RIGHTS CONTAINED HEREIN IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ACCEPT AND BE BOUND BY THE TERMS OF THIS LICENSE, YOU CANNOT MAKE ANY USE OF THE WORK.

1. Definitions

The terms "reproduce," "reproduction," and "distribution" have the same meaning here as under U.S. copyright law.

a. “Affiliates” shall mean officers, representatives, directors, supervisors managers, employees, agents, independent contractors, and consultants of the Licensee. 
b. “Author” shall mean the individual or entity that offers the Work under the terms of the License. 
c. “Commercial Use” shall mean incorporating the Work or a Derivative Work into another program or application and/or developing any program, software, or application for public distribution based on the Work, a Derivative Work, or the algorithms, methods, and processes described therein.
d. “Derivative Work” shall mean a work based upon the Work or upon the Work and any other pre-existing works.
e. "Licensee" shall mean an individual or Legal Entity exercising permissions granted under this License. 
f. "Review" means use of the Work, in read only form, for the sole purposes of analyzing, auditing, evaluating, reviewing, and/or testing the Work.
g. “Source Code” shall mean the collection of source code and configuration files used to create Executable Files.
h. “Work” shall mean the collection of files distributed by the Author, including the Source Code, Object Code, Executable Files, binaries, data files, documentation, and whitepapers.

2. Grant of Rights

1) Copyright Grant - Subject to the terms of this license, the Author grants Licensee a non-transferable, non-exclusive, worldwide, royalty-free copyright license to access and use the Work for Review purposes only.
2) Patent Grant - Subject to the terms of this license, the Author grants Licensee a non-transferable, non-exclusive, worldwide, royalty-free patent license under Author’s patents for Review purposes only.
3) Licensee shall be permitted to modify the Work to develop bug fixes discovered by Licensee PROVIDED THAT Licensee (1) notifies Author of the defect, in writing, prior to publicly disclosing the defect and (2) provides the Author with a reasonable amount of time to correct the defect before publicly disclosing the defect.
4) Licensee shall be permitted to distribute the Work for personal and/or academic use under the terms of the License.  Distributions must include: 
	a. the copyright notice,
	b.  a link to the License, and 
	c. the Disclaimers listed below. 
5) The rights set forth in the License grant the Licensee a limited license to Review the Work. Author remains the sole owner of all rights, title, and interest in the Work. All rights not specifically granted in this License are reserved by Author. 

3. Limitations

1) No Trademark License - This license does not grant Licensee any rights to use the Author's name, logo, tradenames, or trademarks.
2) Licensee shall not be permitted to use the Author's name, logo, tradenames, or trademarks to endorse or promote products derived from the Work without the Author’s prior written permission.
3) Licensee shall not use or distribute the Work, or any Derivative Work, for Commercial Use or financial gain. 
4) Any third-party software accompanying the Work is provided to Licensee under the terms of the third-party software’s license. By accepting this License, Licensee accepts the terms of the third-party software’s license. 
5) If the Source is acquired by the Licensee in the United States, the Licensee acknowledges the Software is subject to U.S. export jurisdiction and agrees to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
6) If the Work is acquired by the Licensee in a jurisdiction other than the United States, the Licensee acknowledges that the export of the Work may be subject to control or restriction by laws of that jurisdiction. Licensee is solely responsible for determining the existence and applicability of any such law and for obtaining any authorization necessary to export the Work in accordance with the jurisdiction’s laws and regulations. Licensee agrees not to export the Work in violation of applicable legal restrictions on such export.

4. Disclaimer of Warranties

THE WORK IS MADE AVAILABLE "AS-IS" AND WITHOUT ANY EXPRESS OR IMPLIED GUARANTEES AS TO FITNESS, MERCHANTABILITY, NON-INFRINGEMENT OR OTHERWISE. IT IS NOT BEING PROVIDED IN TRADE BUT ON A VOLUNTARY BASIS ON BEHALF OF THE AUTHOR’S PART FOR THE BENEFIT OF THE LICENSEE AND IS NOT MADE AVAILABE FOR CONSUMER USE OR ANY OTHER USE OUTSIDE THE TERMS OF THIS LICENSE. ANYONE ACCESSING THE WORK SHOULD HAVE THE REQUISITE EXPERTISE TO SECURE THEIR SYSTEM AND DEVICES AND TO ACCESS AND USE THE CODE FOR REVIEW PURPOSES ONLY. LICENSEE BEARS THE RISK OF ACCESSING AND USING THE WORK. IN PARTICULAR, AUTHOR BEARS NO LIABILITY FOR ANY INTERFERENCE WITH OR ADVERSE EFFECT THAT MAY OCCUR AS A RESULT OF THE LICENSEE ACCESSING AND/OR USING THE WORK ON LICENSEE’S SYSTEM. 

Licensee may have additional rights under local laws which this license cannot change. TO THE EXTENT PERMITTED UNDER LOCAL LAW, THE AUTHOR EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

5. Termination

Author reserves the right to terminate this License if the Licensee fails to comply with the terms and conditions set forth herein. Upon termination of the License, the Licensee must, at its own cost, remove all copies of the Work and attest, in writing, that all copies of the Work in its possession, custody, or control have been destroyed.

If Licensee commences litigation against the Author pertaining to the Work (including a cross-claim or counterclaim in a lawsuit), the Licensee’s license to the Work terminates automatically effective the date of commencement of the lawsuit.

6. Indemnification

To the maximum extent permitted by law, Licensee agrees to defend, indemnify, and hold harmless, Author, its directors, officers, employees, and agents from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from the unauthorized use of the Work by Licensee or any of its Affiliates.

7. General

This License shall be governed by and construed in accordance with the laws of the State of California without reference to the principles of conflict of laws.  Except for actions seeking injunctive relief (which may be brought in any appropriate jurisdiction), suits arising under this License shall only be brought in a court of competent jurisdiction in the County of San Francisco, State of California, United States of America. This choice of venue is intended to be mandatory and not permissive in nature, and to preclude the possibility of litigation with respect to, or arising out of, this License in any jurisdiction other than that specified in this Section.  The Author and Licensee waive any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this Section.

If, for any reason, a court of competent jurisdiction finds any provision of this License, or portion thereof, to be illegal, invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Author, and the remainder of this License shall continue in full force and effect.

Questions and/or comments regarding this License should be addressed to legal@wickr.com.