[shopsys] updated our LICENSE by new one for version 13.0 (#2849)

LICENSE

@@ -1,41 +1,32 @@
-Shopsys Community License
-version 2018-05-24
+Shopsys Platform Development License
+version 2023-10-03
 
-Copyright (c) 2014-2023 Shopsys s.r.o., http://www.shopsys.com
-
-The software which includes this copyright notice and license agreement (“Community License Agreement”)
+The software which includes this copyright notice and licensing agreement (“Agreement”)
 and associated documentation files (“Software”) is protected by copyright.
-The copyright holder is Shopsys s.r.o., Czech company with Id. No. 27790487 (“Shopsys”).
-
-By this Community License Agreement Shopsys grants to any person obtaining a copy of the Software (“Licensee”)
-free of charge a non-exclusive license (“Community License”) to use the Software
-without restriction (other than restriction in this Community License Agreement),
-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:
-
-(1) If the aggregate value (including all taxes such as value-added tax and sales tax) of the orders
-processed by any instance of the Software or any instance of a software created by derivation
-from the Software (each such an instance further referred to as the “Eshop”) used by the Licensee
-exceeds 3,000,000 € or its equivalent in any other currency in any three months’ period (“Limit Excess”),
-the license for the use of the Software for such Eshop shall terminate one month after the Limit
-Excess (“License Termination”). From time to time Shopsys may publish on its website or otherwise
-communicate to the licensees of the Software the specification of the type of orders which will not count
-towards the limit. The Licensee is welcomed to apply with Shopsys for a new commercial license allowing
-the Licensee to use the Software after the License Termination (“Commercial License”).
-Shopsys will negotiate in good faith the terms of the Commercial License, including the licensing fee.
-The Licensee is not permitted to use the Software (whether in its original or altered form,
-including in the form of the Eshop) after the License Termination without obtaining the Commercial License.
-
-(2) This Community License Agreement including the copyright notice must be included in all
-copies or substantial portions of the Software.
-
-(3) 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 HOLDER 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.
-
-
-By using the Software the Licensee agrees to this Community License Agreement.
-This Community License Agreement is governed by laws of the Czech Republic.
+The copyright holder is Shopsys s.r.o., a Czech company with Id. No. 27790487 (“Shopsys”).
+
+By this Agreement Shopsys grants to any person obtaining a copy of the Software (“Licensee”)
+a free of charge non-exclusive restricted license (“Development License”) to use the Software
+for the purpose of evaluation and testing of the Software (“Permitted Purpose”), subject to the following conditions:
+
+(1) Licensee shall not, and shall not allow any other person to, use the Software or any software
+created by derivation from the Software for (i) processing actual orders, or (ii) any other purposes
+except for the Permitted Purpose, in particular for any commercial use. If any instance of the Software
+or any software created by derivation from the Software used by the Licensee or its affiliates processes
+any order which results in a revenue for the Licensee or any of its affiliates the Development License shall
+terminate immediately. Any entity directly or indirectly controlling, controlled by, or under common control
+with the Licensee qualifies as a Licensee’s affiliate.
+
+(2) This Agreement governing the terms of the Development License and including the above copyright notice
+must be included in all copies or substantial portions of the Software, whether in its original or altered form.
+
+(3) 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 HOLDER 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.
+
+The Licensee is welcomed to apply with Shopsys for a commercial license allowing the Licensee to use the Software
+for other than Permitted Use and/or after the termination of the Development License.
+By using the Software the Licensee agrees to this Agreement. This Agreement and the terms of the Development License
+granted under this Agreement are governed by laws of the Czech Republic. This Agreement replaces any community,
+licensing or similar non-commercial license agreement entered into between Shopsys and the Licensee.