Kirby End User License Agreement

Definitions

Before we get started with the conditions of the Agreement, let's define the terms that will be used throughout it:

• When we refer to "You", we mean the licensee. Before purchasing Kirby, that's the individual or company that has downloaded and/or installed Kirby on a Development Machine. The licensee of a Public Site is the individual or company that has purchased the Kirby license. If you work on a client project and have purchased the Kirby license for your client, you (and not the client) are the licensee.
• When we refer to "We"/"Us"/"Our", we mean the Bastian Allgeier GmbH. You can find our company and contact information on our contact page.
• A "Website" is a single Kirby project that is defined by its domain name and root directory (e.g. https://sub.example.com or https://example.com/example/). Each (sub)domain and root directory is a separate Website, even if the projects are related in any way. If the same Kirby multi-language installation spans multiple domains, these domains count as the same Website.
• A "Development Machine" is a computer that is used to work on a Website (like a desktop PC, notebook or tablet). It can also be a server that is only accessible by a restricted number of users (like in an intranet or when protecting a staging website with a password that only a restricted number of users know).
• An "Extension Demo" is a Website with the single purpose to showcase a free or commercial Kirby theme or Kirby plugin, as long as that Website only contains demo content. If the showcased extension is a Kirby theme, the demo content must be exactly as shipped with the theme. Demos for Kirby plugins may not contain any additional content that is not part of the demo.
• A "Public Site" is a Website that is installed on a computer/server that does not qualify as Development Machine and is not an Extension Demo.
• An "Update" is defined as a Kirby release which adds smaller new features, minor functionality enhancements or bug fixes. This class of release is identified by the change of the revision to the right of the first decimal point, e.g. 3.1 to 3.2 or 3.X.1 to 3.X.2.
• An "Upgrade" is a major Kirby release which incorporates major new features or enhancements that increase the core functionality of Kirby to a larger extent. This class of release is identified by the change of the revision to the left of the first decimal point, e.g. 3.X to 4.0. Whether a release is an Update or Upgrade is at Our sole discretion.
• The "Source Code" is defined as the contents of all files that are provided with Kirby and that make Kirby work. This includes (but is not limited to) all PHP, JavaScript, HTML and CSS files as well as all related image and other media files.

Every time you see one of these capitalized terms in the following text, it has the meaning that has been explained above.

Usage for a Public Site

Installing Kirby on or using it for a Public Site requires a paid license.

As Kirby is software and software is intangible, we don't sell it as such. Instead, this Agreement grants a license for each purchase to install and use a single instance of Kirby on a specific Website. Additional Kirby licenses must be purchased in order to install and use Kirby on additional Websites.

The license is non-exclusive (meaning that You are not the only one who We will issue a license) and generally non-transferable (meaning that the one who purchases the license is the licensee).

A license is valid for all Updates of the same major Kirby release. We reserve the right to charge an upgrade fee for Upgrade releases.

Order process

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

Free licenses

Kirby can be used for free in the following cases.

Usage on a Development Machine

We believe that it should be possible to test and evaluate software before having to purchase a license. Also, we understand that a web project first needs to be built in a protected environment before it can be published.

Therefore, installing and using Kirby on a Development Machine is free for as long as You need. This includes permanent usage of Kirby in an intranet.

Usage for an Extension Demo

Extension Demos are not real Websites. We want to encourage you to build and showcase your themes and plugins.

Therefore, You don't need to register a license for Extension Demos at all.

Restrictions

Legal Restrictions

You may only use Kirby in a manner that complies with any and all applicable laws in the jurisdictions in which You use Kirby. Please respect all applicable restrictions concerning privacy and intellectual property rights.

Making Copies

You may make copies of Kirby in any machine readable form solely for back-up purposes, provided that You reproduce Kirby in its original form and with all proprietary notices on the back-up copy.

You may not reproduce Kirby 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 and payment prompts or
• resell, redistribute or transfer the modified or derivative version.

Your Relationship to Third Parties

You are not allowed to sell, assign, license, disclose, distribute, or otherwise transfer or make available Kirby or its Source Code, in whole or in part, in any form to any third parties.

Other Restrictions

You may also not:

• extract parts of the Source Code for use in other programs or projects or
• remove or alter any proprietary notices on Kirby.

We also reserve the right to determine whether Your use of Kirby qualifies under this Agreement.

Technical Support

Technical support is provided as described on Our website at https://getkirby.com. No representations or guarantees are made regarding the response time in which support questions are answered, however We will do Our best to respond quickly.

We reserve the right to limit technical support for free licenses.

Refund Policy

We offer a 14-day, money back refund policy if Kirby didn't work out for Your project.

No Warranty

KIRBY 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 KIRBY 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 KIRBY AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE.

Term, Termination and Modification

You may use Kirby under this Agreement until either party terminates this Agreement as described in this paragraph. Either party may terminate the Agreement at any time, upon written notice to the other party. Upon termination, all licenses granted to You will terminate, and You will immediately uninstall and cease all use of Kirby. The sections entitled "No Warranty", "Indemnification" and "Limitation of Liability" will survive any termination of this Agreement.

We may modify Kirby and this Agreement with notice to You either via email or by publishing content on the Kirby website at https://getkirby.com, including but not limited to changing the functionality or appearance of Kirby. Any such modification will become binding on You unless You terminate this Agreement.

Indemnification

By accepting the Agreement, you agree to indemnify and otherwise hold harmless Us as well as Our officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of Kirby or any other matter relating to Kirby. This paragraph also applies to you if you are not the licensee (e.g. if you use Kirby while someone else is the licensee).

Limitation 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 KIRBY WHILE SOMEONE ELSE IS THE LICENSEE).

All Rights Reserved

We own all rights, title and interest to Kirby (including all intellectual property rights) and reserve all rights to Kirby that are not expressly granted in this Agreement.

Questions?

If you have questions or special requirements, feel free to get in touch.