# License Agreement

Published: May 20, 2023

Source: [https://pruvious.com/license-agreement](https://pruvious.com/license-agreement)

## About this Agreement

Although Pruvious' source code is publicly available, it is **not free**. To use Pruvious in production, you must purchase a [license](https://pruvious.com/buy).

This End User License Agreement (the **"Agreement"**) is essential to the relationship between you and us. We recommend that you read this Agreement carefully before downloading, installing, or using Pruvious.

If you do not agree to this agreement, please do not download, install, or use Pruvious. By installing or using Pruvious, you agree to be bound by the terms of this agreement, which you have read and understood.

## Definitions

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

When we use the term **"You"**, we are referring to the licensee. The licensee is the individual or company that has downloaded and/or installed Pruvious for either a Development Installation or Private Installation. If Pruvious is used for a Public Site, the licensee is the individual or company that has purchased the Pruvious license. If you are working on a client project and have purchased the Pruvious license for your client, then you (and _not_ the client) are considered the licensee.

When we use the terms **"We"/"Us"/"Our"**, we are referring to the licensor, the Vivid Binaries GmbH. For more information about our company, please visit [https://vividbinaries.com](https://vividbinaries.com).

A **"Project"** is a single Pruvious project 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 Project if they are not related to each other. For example, two websites that use the same code base but represent different subjects are two separate Projects. Conversely, a website with translations across many (sub)domains or root directories is still considered one Project.

A **"Development Installation"** is a Project that is installed purely for the purposes of development and client preview. It should only be accessible by a restricted number of users. Examples of restricted access include: on a personal computer, on a server in a network with restricted access, or when protecting a staging website with a password that only a restricted number of users know.

A **"Private Installation"** refers to a Project that is installed solely for personal use. It should only be accessible to You and Your family.

A **"Public Site"** refers to a Project that is neither a Development Installation nor a Private Installation.

The **"Source Code"** is defined as the contents of all files provided with Pruvious that make it work. This includes all code files as well as related image and other media files, but is not limited to these.

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

## Usage for a Public Site

To install or use Pruvious on a Public Site, You need to purchase a paid [license](https://pruvious.com/buy).

Since Pruvious is software and 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 Pruvious on a **specific website**. Additional Pruvious licenses must be purchased to install and use Pruvious on **additional websites**.

The license is **non-exclusive** (meaning that We can issue a license to others) and **generally non-transferable** (meaning that the purchaser is the licensee).

Upon request, We will **transfer** a license to anyone who is allowed to purchase Pruvious licenses under the law and this agreement. The new licensee will assume all rights and obligations under this agreement from You at the moment We confirm the license transfer.

We can also **reassign** a license to a different website domain and root directory of Your choice, provided that You confirm that the previous website is no longer in operation and will not be operated with the same license in the future.

If You need to transfer Your Pruvious license to another individual or company (for example, to Your client or a new agency) or reassign it to a different Project, please contact Us directly at [support@pruvious.com](mailto:support@pruvious.com).

A license is valid for all versions of all Pruvious releases.

## Order Process

Our order process is conducted by Our online reseller [Paddle.com](https://www.paddle.com/). Paddle.com is the Merchant of Record for all Our orders. Paddle provides all customer service inquiries and handles returns.

## Free Licenses

Pruvious can be used **for free in the following cases**. Please note that the restrictions and all other clauses of this Agreement also apply to free licenses. You may especially _not_ alter or circumvent the licensing features.

### Usage for a Development Installation

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 Pruvious on a personal computer (like a desktop PC, notebook, or tablet) or server for a Development Installation is **free** for as long as You need. The usage of Pruvious in production (with the intention to handle production data or content) is _never_ considered a Development Installation, even in internal apps or systems.

### Usage for a Private Installation

You may also install and use Pruvious for **free** in Private Installations as long as they are not accessible by anyone except You and Your family. Our definition of a Private Installation allows the following use cases:

- Private sites for personal use, for example:
  - Apps for You personally (like a personal diary)
  - Apps for You as a freelancer (like a bookkeeping, invoicing, or project management app)
  - Apps for Your family (like a private photo gallery)
- Experimental local Pruvious setups for Your personal use (for example to try out Pruvious features)

However, the following use cases are _not_ covered and need a **paid license**:

- Intranets for companies, authorities, or organizations, no matter if on a local or public server
- (Internal) apps for teams or entire companies, authorities, or organizations
- Websites that are accessible by the public, even for personal/non-commercial purposes
- Use of Pruvious as a local CMS for a static or headless site without a license for the frontend domain(s)

## Restrictions

### Legal Restrictions

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

Making Copies
You may make **copies of Pruvious** in any machine-readable form solely for the **following purposes**, provided that You reproduce Pruvious in its original form and with all proprietary notices on the copy:

- when deploying a Project to a server,
- when developing a Project on a personal computer or server,
- when working on code contributions to Pruvious, or
- as a backup.

You may _not_ reproduce Pruvious 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 or with the intention to contribute Your changes back to Pruvious. 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.

Please note that We **can't provide technical support** for modified or derivative versions of the Source Code.

### Your Relationship to Third Parties

You are generally _not_ allowed to **sell, assign, license, disclose, distribute, or otherwise transfer or make available** Pruvious or its Source Code, in whole or in part, in any form to any third parties.

The following cases are exempted from this restriction:

- Pruvious licenses may be transferred to a new licensee by requesting the transfer from Us.
- You may create Projects for third parties (e.g., as an agency or freelancer for a client). Together with this Project, You may bill Your client for the used Pruvious license. You may also include the license price in a flat rate. Please note that the licensee in both of these cases is still You unless You request to transfer the license to Your client. If Your price exceeds the price You paid to Us, You need to give Your client the option to purchase the license directly from Us.
- You may make Pruvious available to customers via a Software-as-a-Service (SaaS) offering, provided You ensure that each Project has a valid Pruvious license purchased either by You or Your customer. If multiple customers share a Project, each customer needs at least one license. Your offering _must not_ appear to be provided or officially endorsed by Us.
- You may make a Pruvious installation available to employees or partners of You or Your Project client. You may also disclose and distribute Pruvious’ Source Code to Your client together with the source code of the Project You created for them.
- You may disclose the Source Code to individuals or companies that are involved in the development or operation of Your Project (e.g., agencies, design or development freelancers, hosting providers, or administrators).

E.g., the following cases are explicitly **_not_ allowed**:

- Selling, licensing, or distributing a new product based on Pruvious that modifies or hides Pruvious’ identity as a Content Management System (CMS)
- Forking Pruvious and selling the modified version
- Buying licenses in bulk and reselling them in Your shop
- Bundling or including Pruvious’ Source Code in the publication and/or distribution of a Project’s source code or a (free or paid) theme or plugin

### Disallowed Uses

The following uses of Pruvious are _not_ covered by this Agreement and will result in the termination of the license:

- Use of Pruvious for websites that contain misinformation, hate speech, or discriminating content based on age, gender, gender identity, race, sexuality, religion, nationality, serious illnesses, or disabilities, no matter who authored this content. Misinformation is defined as content that is false or misleading and may lead to significant risk of physical or societal harm.
- Use of Pruvious by **companies or individuals who**:
  - lobby for, promote, derive a majority of income from, or are significantly invested in:
    - the production of tobacco or weapons,
    - any prison or jail operated for profit,
    - any action or facility that supports or contributes to:
      - gambling, adversely addictive behaviors, or
      - deforestation.
  - lobby against, or derive a majority of income from actions that discourage or frustrate:
    - peace,
    - access to the rights set out in the Universal Declaration of Human Rights and the Convention on the Rights of the Child,
    - peaceful assembly and association (including worker associations),
    - a safe environment or action to curtail the use of fossil fuels or to prevent climate change, or
    - democratic processes.

### Other Restrictions

You may also _not_:

- **extract parts of the Source Code** for use in other programs or projects (unless the code file in question is explicitly licensed under the terms of the MIT license) or
- **remove or alter any proprietary notices** on Pruvious.

## Technical Support

Technical support is **provided as described on Our website** at [https://pruvious.com/support](https://pruvious.com/support). **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 Pruvious didn't work out for Your project. If You need a refund, please get in touch directly at [support@pruvious.com](mailto:support@pruvious.com).

## No Warranty

PRUVIOUS 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 PRUVIOUS 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 PRUVIOUS 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 PRUVIOUS WHILE SOMEONE ELSE IS THE LICENSEE).

## Term, Termination, and Modification

You may **indefinitely use** all Pruvious versions that are covered by Your license under this Agreement until either party **terminates this Agreement** as described in this section. You may terminate the Agreement at any time.

We may only terminate the Agreement if You or any individual or company who works with Pruvious or uses it on Your behalf has violated or failed to comply with terms of this Agreement. If Your compliance with the Agreement can be restored by fixing the violation or non-compliance, We will first contact You with information on the specific term that was violated or not complied with and will allow reasonable time of at least 14 days before We will decide on a license termination. Should We be in the position to terminate a license according to this paragraph, other or all licenses granted to You may be terminated for the same reason(s) at the same time or at any later date. Termination takes effect upon notice to the other party in textual form (via email or letter).

Upon termination, the specified **licenses granted to You will terminate**, and You will **immediately uninstall and cease all use** of Pruvious. If not all licenses are terminated, You may continue to use Pruvious for the Projects with active licenses. The sections entitled "No Warranty," "Indemnification," and "Limitation of Liability" will **survive any termination** of this Agreement.

We may **modify Pruvious and this Agreement** with notice to You either via email or by publishing content on the Pruvious website at [https://pruvious.com/license-agreement](https://pruvious.com/license-agreement), including but not limited to changing the functionality or appearance of Pruvious. Any such modification will **become binding on You** unless You terminate this Agreement. Changes to this Agreement that constrain Your rights to a great extent will only become effective with Your approval in textual or electronic form.

## Indemnification

By accepting the Agreement, you **agree to indemnify and otherwise hold harmless** Us as well as Our officers, employees, 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 Pruvious or any other matter relating to Pruvious. This paragraph also applies to you if you are not the licensee (e.g., if You use Pruvious 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 PRUVIOUS WHILE SOMEONE ELSE IS THE LICENSEE).

## All Rights Reserved

Muris Ceman **owns all rights**, title, and interest to Pruvious (including all intellectual property rights) and **reserves all rights to Pruvious** that are not expressly granted in this Agreement.

## Applicable Law & Place of Jurisdiction

- For all disputes arising out of or in connection with this Agreement, the courts competent for Munich, Germany, shall have exclusive jurisdiction. However, We shall have the choice to file lawsuits against You before the courts competent for Your place of business.
- If You reside in Germany, para. 1 shall only apply if You are a merchant, a legal entity under public law, or a special fund under public law.
- If You don't reside in Germany but in a different member state of the European Union, para. 1 shall only apply if You are not a consumer under Art. 17 of the regulation (EU) No. 1215/2012. In that case, You shall be entitled to file actions against Us either at Our place of business or at the courts competent at the place where You usually reside. We, on the other hand, are only entitled to bring proceedings against You in the courts of the Member State in which You are domiciled.
- If You neither reside in Germany nor in a member state of the EU, the applicability of para. 1 remains unaffected.

## Severability Clause

If any provision of this Agreement becomes invalid, void, or unenforceable, in whole or in part, either currently or in the future, it shall not affect the validity of the remaining provisions of this Agreement. The same applies if a gap requiring supplementation arises after the conclusion of this Agreement. The parties shall replace the invalid, void or unenforceable provision or gap requiring filling with a valid provision that takes into account the invalid provision's legal or economic content and the overall content of the agreement. § Section 139 of the German Civil Code (partial invalidity) is expressly waived.

## Questions?

Pruvious’ flexibility may lead to special use cases or requirements that do not fit this Agreement. If that is the case, or if you have any questions, please feel free to get in touch. We are happy to think outside the box and find custom license solutions for your creative application of Pruvious.
