NexCMP Source license terms

1. Definitions

“NexCMP Source” means the source code of NexCMP, delivered as signed archives through your account at nexcmp.com, together with the build scripts and documentation delivered with it, in every release made available to you under section 5.

“You” means the customer named on the order and account that holds the license. “Your Business” means your own business and the businesses of your affiliates that you control, including selling cloud services to your own customers and resellers.

“Build” means any compiled, packaged or otherwise executable form of NexCMP Source or of software derived from it, original or modified.

2. What you may do

NexCMP grants you a non-exclusive, non-transferable license to use, study, copy, modify and build NexCMP Source, and to run the resulting software, for Your Business.

• There is no limit on the number of domains, servers or installations you run it on.
• You may sell and operate cloud services for your own customers and resellers with it. Letting customers and resellers use a running service that you operate is not distribution.
• You may make backups and internal copies, and let your employees use the code.
• Contractors may work on the code only for You and only under a written confidentiality obligation that is at least as protective as these terms.
• You keep ownership of your own modifications. The NexCMP code inside a modified version stays subject to these terms, so a modified version may not be passed to anyone else either.

3. What you may not do

You may not, and may not allow anyone else to:

• sell, resell, rent, lease, sublicense, publish, distribute or otherwise make NexCMP Source, or any Build of it (original or modified), available to any third party;
• put NexCMP Source or a Build in a public or shared repository, package registry, file-sharing site, storage bucket or similar place that others can access;
• offer NexCMP Source, a Build, or a product derived from them as a control-panel or billing product that competes with NexCMP, whether sold, licensed or hosted for others to run;
• remove, alter or hide the marks that tie a source archive to your license, or the license notices in the code;
• use the NexCMP trademarks or brand in a way that suggests NexCMP made, approved or supports your modified version.

4. Licensed, not sold

NexCMP Source is licensed to you, not sold. NexCMP and its licensors keep all rights in it that these terms do not give you. You may read and change the code under these commercial NexCMP Source terms; no permission to resell, sublicense or redistribute the source code or builds is granted.

5. Releases, renewal and what you keep

• From the date you upgrade to NexCMP Source you receive the source code of the release you upgrade on and of every release published during the next 12 months.
• After 12 months you may renew, once a year (US$99 per year), to keep receiving the source code of new releases. Renewing is optional.
• If you do not renew, you receive no further source releases, but you keep every release you downloaded and may keep using, modifying and building it under these terms for as long as you like.
• NexCMP Free, the signed build, follows its own terms (1 year of updates and bug fixes, then an optional yearly renewal); holding NexCMP Source does not change them.

6. Marks on source archives

Each source archive is signed and is marked to identify your license. Downloads are logged. NexCMP may use these marks and logs to work out where an unauthorized copy came from. The marks are not a limit on what you may do inside Your Business.

7. If the terms are broken

If NexCMP believes that the terms have been broken by you, or by anyone who got NexCMP Source or a Build from you, it may stop supplying updates and new source code for that license, and may stop further downloads, without refund. NexCMP may, but is not obliged to, tell you first and listen to your explanation.

These terms end automatically if you materially break them. You must then stop using NexCMP Source and delete all copies of it and of Builds made from it. NexCMP may also use any other remedy the law gives it, including asking hosting providers and platforms to remove unauthorized copies (see below).

8. No warranty

NexCMP Source is provided as is, without warranty of any kind, to the extent the law allows. You are responsible for any modified version you build and run.

9. Apps and 30 working days with an expert engineer

• NexCMP Source includes the NexCMP apps for Android, Windows, macOS, Linux, Chrome / Edge / Brave and Firefox. An iOS app (iPhone and iPad) is Soon and not yet included. NexCMP engineers build them for you and brand them with your name and logo, within the 30 working days below.
• It also includes 30 working days of an expert engineer's time, free of extra charge: migration from VMware to Apache CloudStack, from WHMCS to NexCMP or from another system to NexCMP, or a complete setup of your system from A to Z. Support for the migration lasts the same 30 days.
• The 30 working days start on the day you tell NexCMP you are ready to begin (write to [email protected]) and run on working days, not calendar days.
• The Apple, Google and other store accounts, and the code-signing certificates, must be in your own name: the stores require it. NexCMP does not pay store or certificate fees.
• Apps and expert work are for Your Business under these terms. The source of the apps is part of NexCMP Source; section 3 applies to it.

Reporting unauthorized copies

If you find NexCMP source code or a NexCMP build offered, shared or posted somewhere it should not be, write to [email protected]. Please include:

• the link (URL) where it is offered or hosted, and the name of the site or platform;
• what it is: the source code, a build, an archive (give the file name and size if you can) or a link to one;
• evidence: screenshots, the page text, and any file names, hashes or listings you can see — please do not download or pass on the files themselves;
• the date and time you saw it, and how you came across it;
• your name and how to reach you, so we can ask follow-up questions.

We review each report and, where appropriate, ask the host or platform to remove the copy using the notice below, and act under section 7 against any license that was the source of it.

DMCA takedown template

A takedown notice to a hosting provider or a platform such as a code host must contain the items required by 17 U.S.C. § 512(c)(3). Copy the text below, fill in the square brackets and send it to the provider's designated copyright agent (most providers publish one; the US Copyright Office keeps a directory at copyright.gov/dmca-directory). Knowingly making a false claim in a notice can carry legal liability under 17 U.S.C. § 512(f), so check each statement before you sign.

To: [Designated Copyright Agent / abuse contact of the hosting provider or platform]
Date: [date]
Subject: Notice of claimed copyright infringement (17 U.S.C. § 512(c)(3))

I am writing on behalf of [name of the copyright owner] to notify you of material on your service that infringes our copyright.

1. Copyrighted work
The work is the NexCMP software, including its source code and the compiled builds made from it. NexCMP is published by [name of the copyright owner] at https://nexcmp.com. The source code is licensed only to named customers under the NexCMP Source license terms (https://nexcmp.com/legal/source-license), which do not permit redistribution.

2. Infringing material and its location
[Full URL(s) of the page, repository, file or archive that contains or links to the infringing copy. If it is a repository or storage bucket, give the exact path or file names. Describe briefly what it is, for example "a full copy of the NexCMP source code" or "a compiled build of NexCMP".]

3. Our contact information
Name: [full name]
Company: [company, if any]
Address: [postal address]
Telephone: [phone number]
Email: [email address]

4. Statement of good faith
I have a good faith belief that the use of the material described above is not authorized by the copyright owner, its agent, or the law.

5. Statement of accuracy and authority
The information in this notification is accurate, and under penalty of perjury, I am authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

6. Signature
[Electronic signature: typed full name]
[Title / capacity]

Please remove or disable access to the material described above and confirm when you have done so.