# Plugin License Agreement

Source: https://plugins.andkindness.com/license-agreement

While most of our plugins source code are publicly available, they are, unless specified otherwise, not free software. To use any plugin in production, you need to purchase a license.

## Summary

> This is a legally non-binding summary. Please review the full license text carefully before using the plugins.

This is a legal agreement between you (the customer) and Love & Kindness GmbH for using their Kirby CMS plugins. By downloading or using the plugins, or by purchasing a license, you agree to these terms:

### What You Can Do

- **Install and use the plugin on one website or multi-language website per license purchase**
  If you need a separate Kirby CMS license for your site, you'll most likely also need a separate plugin license
- **Make copies of the plugin for backup or development purposes**
- **Modify the source code for your own use**

### What You Cannot Do

- **Use the plugin on additional websites without buying additional licenses**
- **Redistribute or resell the plugin or your modified versions**

### Support & Updates

- **Free updates for minor/patch releases, paid upgrades for major releases possible**
- **Email support provided for active license holders**

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This license is a legal agreement between **You** and **Love & Kindness GmbH, Beimoorstr. 20, 22081 Hamburg, Germany** (therein "**Our**"/"**We**"/"**Us**") for the use of any Kirby CMS plugins and resources (the "**Plugin**") created by Us and sold via Paddle.com. By downloading any Plugin files or resources or purchasing a license to the Plugin, you agree to be bound by the terms and conditions of this license.

## Permitted Use

This agreement grants a license for each purchase to install and use a single instance of the Plugin on a **specific website** limited by **its domain & subdomain**. If You use the cross-domain multi-language feature with the same `content` folder, these domains count as the same Website.

Additional Plugin licenses must be purchased in order to install and use the Plugin on **additional websites**.

The license is **non-exclusive** and **generally non-transferable**.

A license is valid for all minor & patch updates of the Plugin (e.g. 1.0.x to 1.1.x). We reserve the right to charge an **upgrade fee for major updates** (e.g. 1.x.x to 2.x.x). Whether a release is a patch, minor, or major release is at Our sole discretion.

## Development Usage

You are permitted to install and use the Plugin on a personal computer (such as a desktop PC, notebook, or tablet) or a server, free of charge, for as long as necessary during the development stage.

Any website that is used **purely for the purposes of development and client preview** is considered development usage. It must only be accessible by a restricted number of users. A website with **the intention to handle production data** is never considered development usage, no matter if the related website is publicly accessible or not.

## Refund Policy

We offer refunds on the Plugin within **14 days of purchase**. Contact support@andkindness.com for assistance.

## Technical Support

Technical support is available via email for active license owners.

No support is provided for free plugins or plugins that are available both for free and paid usage. We do not provide phone support. No representations or guarantees are made regarding the response time in which support questions are answered, but we will do our very best to respond quickly.

## All Rights Reserved

Love & Kindness GmbH **owns all rights**, title and interest to the Plugin (including all intellectual property rights) and **reserves all rights to the Plugin** that are not expressly granted in this Agreement.

## Restrictions

### Making Copies

You may make **copies of the Plugin** in any machine readable form solely for purposes of **deploying a website to a server, developing a website on a personal computer or server or as a backup**, provided that You reproduce the Plugin in its original form and with all proprietary notices on the copy.

You may not reproduce the Plugin or its source code, in whole or in part, for **any other purpose**.

### Modification of the Source Code

You may **alter, modify or extend the source code** for Your own use. You may also **commission a third party** to perform those modifications for You.

However You may not **alter or circumvent the licensing features**, including (but not limited to) the license validation or **resell, redistribute or transfer** the modified or derivative version.

### Ownership and Intellectual Property

The Plugin is copyrighted by Us. All rights not expressly granted to You are retained by Us, including intellectual property rights.

### Disclaimer of Warranty

THE PLUGIN IS OFFERED ON AN **"AS-IS" BASIS** AND **NO WARRANTY**, EITHER EXPRESSED OR IMPLIED, IS GIVEN. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE PLUGIN INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. **YOU ARE SOLELY RESPONSIBLE** FOR DETERMINING THE APPROPRIATENESS OF USE OF THE PLUGIN AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE. THIS PARAGRAPH ALSO APPLIES TO YOU IF YOU ARE NOT THE LICENSEE (E.G. IF YOU USE THE PLUGIN WHILE SOMEONE ELSE IS THE LICENSEE).

### Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT **WE SHALL NOT BE LIABLE** FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, **SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU**. **IN NO EVENT WILL OUR TOTAL CUMULATIVE DAMAGES EXCEED** THE FEES YOU PAID TO US UNDER THIS AGREEMENT IN THE MOST RECENT TWELVE-MONTH PERIOD. THIS PARAGRAPH ALSO APPLIES TO YOU IF YOU ARE NOT THE LICENSEE (E.G. IF YOU USE THE PLUGIN WHILE SOMEONE ELSE IS THE LICENSEE).

## Termination

The License may be terminated by either party if terms are breached and not remedied within a specified period.

## Governing Law

Any legal disputes that arise from or relate to this Agreement shall be exclusively resolved in the courts located in Hamburg, Germany. Nonetheless, we reserve the right to initiate legal proceedings against you in the jurisdiction where your principal place of business is situated.

Should you be domiciled in Germany, the stipulations of the first paragraph will be relevant only if you are a businessperson, a public law entity, or a special fund under public law.

If your domicile is not in Germany but within another member state of the European Union, the provisions of the first paragraph will apply to you only if you do not qualify as a consumer as defined under Article 17 of Regulation (EU) No. 1215/2012. In such circumstances, you may bring a legal action against us either in the jurisdiction of our place of business or where you habitually reside. Conversely, we are entitled to sue you exclusively in the courts of the member state where you have your domicile.

In the event that your residence is outside Germany and not within any European Union member state, the provisions of the first paragraph are fully applicable without any modification.

## Severability Clause

Should any provision of this Agreement be or become invalid, void or unenforceable, in whole or in part, at present or in the future, this shall not affect the validity of the remaining provisions of this Agreement. The same shall apply if a gap requiring supplementation arises after conclusion of this Agreement. The parties shall replace the invalid, void or unenforceable provision or gap requiring filling by a valid provision which in its legal or economic content takes account of the invalid, void provision and the overall content of the agreement. § 139 BGB (partial invalidity) is expressly waived.

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Kirby SEO 1.x releases were previously licensed under the MIT License.

MIT License

Copyright (c) 2023-2024 Tobias Möritz

Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.
