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Comsect Usage Restrictions License

Version 1.0.0, April 1, 2024

This document is named "Comsect Usage Restrictions License" and hereinafter referred to as "CURL" or "License".

This license ("License") is a legal agreement between you ("Licensee") and Comsect ("Licensor"). By accessing or using any software, code, documentation, or other materials made available by Licensor in the GitHub repository ("Repository"), Licensee agrees to be bound by the terms of this License. This License applies irrespective of whether the Repository is public or private. If Licensee does not agree to these terms, Licensee must not access or use the Repository.

1. How to Read

  • Each main section is numbered (e.g., "2. Definitions", "3. Grant of License").
  • Within each main section, the subsection are numbered (e.g., "3. Commercial Purpose" is a subsection of "2. Definitions").
  • If further sub-sections are needed within a subsection, they will be denoted using the appropriate numbering system specified in that subsection.

2. Definitions

  1. Materials: shall refer collectively to the software, code, documentation, or other materials made available by Licensor in the Repository, as well as any output generated from the use of such materials.
  2. Intellectual Property Rights: shall mean all intellectual property rights, including but not limited to copyright, patent, trademark, design rights, and any other proprietary rights.
  3. Commercial Purpose: shall mean any activity undertaken with the intention of making a profit or gaining a financial advantage.
  4. Derivative Works: shall mean any modifications, adaptations, translations, or other transformations of the materials in the Repository. This includes any work derived from the materials, whether created by Licensee or any third party, that is based on or incorporates the materials in the Repository.
  5. Affiliated Entity: shall mean any entity, whether for-profit, non-profit, political, recognized or unrecognized by the respective country's legal framework, directly or indirectly controlled by, controlling, or under common control with the Licensee. "Control" means the ownership of, or the power to vote, directly or indirectly, such that Licensee has significant influence over the management and policies of the entity, or where the Licensee, whether as an employee, contractor, or in any other form of engagement, holds positions within the entity. For the purposes of this License, "Affiliated Entity" includes subsidiaries, parent companies, sister companies, joint ventures, or any other entity related to the Licensee through common ownership or control.
  6. Written Consent: shall mean prior consent obtained electronically using a secure electronic signature (eSign) with Aadhaar or any other method approved by the Controller of Certifying Authorities (CCA) as per the guidelines provided at https://cca.gov.in.
  7. Contribution: shall mean any contribution made by a contributor to the Repository, including but not limited to code, documentation, or other materials, which becomes part of the Repository upon being merged or accepted by the Licensor. The act of contributing includes, but is not limited to, submitting pull requests, patches, suggestions, or any form of feedback or improvements to the Repository.
  8. Case Insensitivity: All terms defined in this License are deemed to be case-insensitive. The capitalization of terms, whether in uppercase or lowercase, does not alter their interpretation. As such, the defined terms shall maintain the same meaning throughout this License, regardless of their capitalization.

3. Grant of License

  1. Subject to the terms and conditions of this License, Licensor hereby grants Licensee a non-exclusive, worldwide, royalty-free, perpetual license to use, copy, and modify the materials in the Repository solely for the purpose of reviewing, evaluating, and contributing to the Repository.
  2. All contributions made by the Licensee shall become the property of the Licensor, and Licensee agrees to assign all rights, title, and interest in and to the contributions to the Licensor. This assignment is effective immediately upon the contribution to the Repository.
  3. All Intellectual Property Rights in the contributions, including but not limited to copyright, patent, trademark, and any other proprietary rights, shall belong solely and exclusively to the Licensor.
  4. This License does not grant Licensee any rights to use Licensor's trademarks, service marks, logos, or other brand features.

4. Breach of License Terms

  1. Licensee acknowledges and agrees that in the event of any breach of the terms of this License by Licensee or any affiliated entity, including but not limited to non-profit organizations, political parties, or other entities associated with Licensee, Licensor shall be entitled to recover damages. The cost of any breach of the terms of this License shall be ₹100 Crore or the highest total revenue of Licensee or Licensee's affiliated entity for each year, whichever is higher, without calculation of tax, loss, or other deductions.
  2. The amount specified above shall be payable to Licensor's Indian bank account within the same financial year of India in which the breach occurred.
  3. Licensee or any affiliated entity shall bear any tax or other deductions imposed by the relevant authorities on the payment made to Licensor.
  4. If the payment specified above is not received by Licensor's Indian bank account within the same financial year of India in which the breach occurred, Licensee shall be liable to pay an additional 50% interest on the outstanding amount.
  5. The counts of breach and the determination of whether a breach has occurred shall be at the sole discretion of the Licensor and will be decided as deemed fit by the Licensor.
  6. In the event that the Licensee voluntarily discloses a breach, the compensation for damages may be subject to negotiation at the discretion of the Licensor. However, such negotiated compensation shall not be less than 50% of the actual damages incurred, as outlined in subsection 1 of this section, and shall be subject to the terms and conditions set forth by the Licensor. The determination of breach occurrences and the discretion to identify breaches shall rest solely with the Licensor.

5. Restrictions

  1. Licensee shall not use the materials in the Repository for any Commercial Purpose without obtaining prior written consent from Licensor.
  2. Licensee shall not sublicense, sell, rent, lease, or otherwise transfer the materials in the Repository to any third party.
  3. Licensee shall not remove, alter, or obscure any copyright, patent, trademark, or other proprietary rights notices included in the materials in the Repository.
  4. Licensee shall not reverse engineer, decompile, or disassemble any software code included in the Repository.
  5. Licensee shall not use the materials in the Repository to create Derivative Works without obtaining prior written consent from Licensor.
  6. Licensee shall not clone, fork, or make any copy of the materials in the Repository, whether privately or publicly hosted, except for the purpose of contributing to the Repository. Any such clone, fork, or copy made for contribution purposes must be kept only until the contributions are accepted or rejected. Licensee shall delete such clones, forks, or copies within 3 months from the period of contribution acceptance or rejection, without any extension of the deadline.
  7. Licensee shall not engage in scraping, data mining, or any automated data collection methods, including but not limited to those related to artificial intelligence (AI) and machine learning (ML), on the materials in the Repository.
  8. Attribution to the work must include our website link with logos. The logos are made available in the Comsect GitHub profile. The inclusion of attribution is mandatory for all uses of the materials, and failure to provide proper attribution may result in a breach of this License.

6. Intellectual Property Rights

  1. All Intellectual Property Rights in the materials in the Repository are owned by Licensor or its licensors.
  2. Licensee acknowledges and agrees that nothing in this License shall be construed as granting Licensee any rights or licenses to Licensor's Intellectual Property Rights.

7. Disclaimer of Warranty

THE MATERIALS IN THE REPOSITORY ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. LICENSOR DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE MATERIALS WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE.

8. Limitation of Liability

IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE MATERIALS IN THE REPOSITORY, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Governing Law and Jurisdiction

  1. This License shall be governed by and construed in accordance with the laws of Mangaluru, India. Any dispute arising out of or in connection with this License shall be subject to the exclusive jurisdiction of the courts of Mangaluru, India.
  2. Licensee acknowledges and agrees that any legal matters arising from the use of the materials in the Repository, including but not limited to disputes, claims, or litigation, shall be borne entirely by those who have sought legal assistance or to whom Licensor has served legal notice.
  3. Licensee further acknowledges and agrees to bear all expenses incurred, including but not limited to legal fees, court costs, and travel expenses associated with visiting the jurisdiction relevant to any legal matters arising from the use of the materials in the Repository.
  4. Licensor shall not be liable for any liabilities or compensation demands arising from the use of the materials in the Repository by Licensee or any other party. Licensee agrees to indemnify and hold harmless Licensor from and against any claims, damages, liabilities, costs, and expenses, including legal fees, arising from or related to Licensee's or any other party's use of the materials in the Repository.

10. Entire Agreement

  1. This License constitutes the entire agreement between Licensee and Licensor with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to such subject matter.
  2. Unless otherwise mentioned, this License will apply to all previous, current, and future work, provided no other well-known License was already applied in the past for the Repository.

11. Missed Attribution and Third-Party Intellectual Property

  1. Licensor acknowledges that certain content in the Repository may belong to third parties and may require attribution.
  2. If Licensee discovers any missed attribution, it is considered an honest mistake.
  3. Licensee is encouraged to contact Licensor at legal@comsect.in to request the addition of proper attribution.
  4. Licensor agrees to update the "attributions.md" file within the Repository within three months after the conclusion or decision made on the matter.

12. Removal of Difficulties

Licensor reserves the right to amend or modify this License as necessary to remove any difficulties or ambiguities that may arise in its interpretation or implementation. Such amendments or modifications may be made immediately and through any medium the Licensor deems appropriate at the time or through updates of this license.

13. Version Updates

The Licensor may periodically release updates or new versions of this License to address changes in legal requirements, clarify terms, or improve clarity and usability. These updates will follow the Semantic Versioning (SemVer) standard, consisting of major, minor, and patch versions, denoted as MAJOR.MINOR.PATCH.

  • Major Version: Significant changes to the License, such as modifications to fundamental terms or restructuring of sections.
  • Minor Version: Additions of new terms, clarifications, or improvements to existing clauses that do not alter the fundamental nature of the License.
  • Patch Version: Corrections of errors, typographical mistakes, or minor adjustments that do not impact the interpretation or implementation of the License.

Licensees will be notified of any updates to the License through announcements on the Licensor's website, official communication channels, or other means deemed appropriate by the Licensor. It is the responsibility of the Licensee to stay informed about any changes to the License and to ensure compliance with the latest version.

By continuing to access or use the materials in the Repository after the release of a new version, Licensee implicitly agrees to be bound by the terms of the updated License.

14. Contact Information

If Licensee has any questions about this License or wishes to request permission for any action not expressly permitted by this License, Licensee must contact Licensor at legal@comsect.in. Any action taken by Licensee without prior written consent from Licensor shall be considered a violation of this License.

For more information about Comsect, you can visit the following links: