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pocl.txt
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pocl.txt
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Pimcore Open Core License (POCL)
Copyright (c) 2024 - present Pimcore GmbH
1. Subject matter and acceptance
1.1 This open core software license agreement (POCL) is between Pimcore GmbH, registered in the
commercial register of the Salzburg Regional Court under no. FN 398049t, with its business
address at Söllheimer Straße 16, 5020 Salzburg, Austria, as the sole licensor ("Pimcore"), and
the user of the software as the licensee ("Customer").
1.2 Subject of the POCL is the usage of Pimcore Software for which the source code is publicly
available but which is not licensed out as open source software (“Open Core Software“). The
exact products that are available under the POCL are defined in the additional contractual
documents or by inclusion of, or referral to, this POCL within the source code or within the
source code repositories. The Open Core Software is protected by copyright worldwide.
1.3. By starting to use the Open Core Software, the Customer agrees to all terms and conditions
of the POCL.
2. License
2.1 Pimcore grants the Customer a no-charge, non-exclusive, non-transferable, non-sublicensable,
geographically unlimited right, limited in time to the term of the POCL, to use the Pimcore Open
Core Software, and to modify, adapt and customize it for the Customer’s own non-commercial and
commercial use. Contribution and distribution of these modifications, adaptations, and
customizations (“Derivatives”) are permitted under conditions set up by section 3.
2.2 The Customer may not offer the Open Core Software as a hosted or managed service by granting
third parties access to a significant part of the features or functions of the Open Core Software.
2.3 If the Customer violates any of the above provisions, all rights of usage granted under the
POCL shall immediately become invalid and shall automatically revert to Pimcore. In this case, the
Customer must immediately and completely cease using the Open Core Software, delete all copies of
the Open Core Software installed on its systems and delete any backup copies made or hand them
over to Pimcore. In addition, Pimcore reserves the right to take all legal steps.
2.4 Sect. 2.3 applies accordingly if Derivatives of the Customer infringe upon patents.
2.5 The parties may agree on expanded usage rights, arrangements for enterprise customers, and
special OEM provisions separately.
3. Contribution and Distribution of Derivatives
3.1 If the Customer wishes to contribute to Open Core Software or to distribute a Derivative, both
must be made in accordance with the Pimcore Contributors License Agreement (“CLA”). The CLA
stipulates the terms under which intellectual contributions are managed, ensuring that all parties'
rights are protected. Acceptance of the CLA is mandatory for all contributors and can be reviewed
on the Source-Code Repository. Contributions without adherence to the CLA will not be accepted.
3.2 Any contribution to the Open Core Software by a Derivative must be clearly documented, in order
to maintain transparency and integrity of the source code.
3.3 Any Derivative distributed must prominently be specified as “Derivative”, comply with the terms
of the POCL, include copyright notices, and be licensed as a whole under the terms of the POCL, with
the proviso that the recipient (licensee) of the out-licensed Derivative gets the role of the
“Customer” regarding rights and obligations. Upon distribution of any Derivative, recipient must be
provided with a copy of this POCL.
4. Collateral obligations of the Customer
4.1 The Customer shall not manipulate, in particular modify, move, remove, suppress, switch off or
circumvent licence keys and associated protection mechanisms in the Open Core Software.
4.2 The Customer shall not alter or obfuscate any of the Pimcore's licensing, copyright, or other
proprietary notices within the Open Core Software. Any use of Pimcore’s trademarks must comply with
applicable laws.
4.3 The Customer shall not modify, relocate, disable, or bypass any functionalities associated with
the Pimcore Marketplace.
5. Defects
5.1 The Customer is obliged to notify Pimcore of any defect or error in the Open Core Software
immediately after its occurrence.
5.2 Before reporting any defect or error, the Customer must carry out an analysis of the system
environment as far as possible to ensure that the defect or error is not due to system components
that are not covered by this POCL.
5.3 The Customer shall immediately install or carry out updates or other troubleshooting measures
provided by Pimcore.
5.4 Violations of the obligations to co-operate may result in additional costs for Pimcore. The
Customer must reimburse Pimcore for such costs, unless it is not responsible for them.
5.5 THE OPEN CORE 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 NON-INFRINGEMENT. IN NO EVENT SHALL PIMCORE 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 OPEN CORE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE OPEN CORE SOFTWARE.
6. Indemnification
6.1 The Customer shall indemnify Pimcore against all third-party claims (in particular claims
arising from infringement of copyright, patent, competition, trademark or data protection law)
asserted against Pimcore in connection with the Customer’s use of the Open Core Software, unless
these claims are based on intentional or grossly negligent behaviour on the part of Pimcore or
Pimcore's legal representatives or vicarious agents. This indemnification obligation includes
the reimbursement of reasonable costs incurred by Pimcore in the assertion or defence of
Pimcore’s rights in this context.
7. Termination
7.1 After termination of this POCL, the Customer must uninstall the Open Core Software, including
all copies, and delete any remaining recognisable Open Core Software residues from its IT system.
The Customer must destroy any backup copies made. At Pimcore's request, the Customer must confirm
that it has fulfilled these obligations.