License

The Q-municate project is distributed by Injoit Ltd (QuickBlox) under Dual Licensing scheme.
You have two following options:

Community

Use and distribute the project code and its derivatives under “Q-munity license” derived from Apache 2.0 (see disclaimer below under “Q-munity License” for a list of differences and further explanation). Contribute to project under Contributor License Agreement (CLA), see below under “Q-municate Contributor License Agreement”.

Proprietary

An alternative version of the project codebase, Q-municate Enterprise, is supplied by QuickBlox under a separate proprietary commercial license. This enables wider commercial usage and ensures enterprise compatibility. Q-municate Enterprise package includes additional level security, encryption, 3rd party software integrations and a number of additional features as well as an enterprise level SLA. Please contact enterprise@quickblox.com to enquire regarding Q-municate Enterprise license.

Q-munity License, Version 1.0, July 2014.

Terms and Conditions for Use, Reproduction and Distribution

Disclaimer. This license is derived from the widespread Apache 2.0 open source software license with the following modifications:
* The code distributed under this license must use QuickBlox or Q-municate server infrastructure as its communication backend. Free (ad supported) developer / publisher usage is accepted. The usage of Q-municate with enterprise / 3rd party hosted instances of QuickBlox are covered by a different license – please contact QuickBlox to obtain the enterprise version of Q-municate with an appropriate license.
* In ready applications you must provide an attribution “powered by QuickBlox” where “QuickBlox” is a direct link to http://quickblox.com/.
* No need to include this license when distributing ready apps as binaries, only need to include into code repositories.

1. Definitions

“License” shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. “Licensor” shall mean the copyright owner or entity authorized by the copyright owner that is granting the License. “Legal Entity” shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, “control” means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. “You” (or “Your”) shall mean an individual or Legal Entity exercising permissions granted by this License. “Source” form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. “Object” form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types. “Work” shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below). “Derivative Works” shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. “Contribution” shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as “Not a Contribution”. “Contributor” shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.

2. Grant of Copyright License

Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.

3. Grant of Patent License

Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.

4. Redistribution

You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
* The code distributed under this license must use QuickBlox or Q-municate server infrastructure as its communication backend, meaning that chat messages / instant messages shall always be routed through QuickBlox servers which are used by You legitimately. Free (ad supported) developer / publisher usage is accepted.
* In the user interface of Derivative Works at least in one place directly accessible to users (such as “Settings” or “About” screen of a mobile application) You must provide an attribution “powered by QuickBlox” where “QuickBlox” is a direct link to http://quickblox.com/. In web version, “powered by QuickBlox” must be always displayed next to the working area of the application. Typically attribution links are provided as part of project codebase in which case You only need to make sure the attribution is not removed.
* You must give any other recipients of the Work or Derivative Works a copy of this License (except when distributing binary files of ready applications to end users); and You must cause any modified files to carry prominent notices stating that You changed the files; and You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and If the Work includes a “NOTICE” text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.

5. Submission of Contributions

by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.

6. Trademarks

You may use the QuickBlox and Q-municate logos and link to QuickBlox and Q-municate websites in your products derived from this code provided it’s one of the following cases: a) using such logos as part of a default User Interface / design as provided in code repository initially; b) attribution wording such as “powered by Q-municate”.

7. Disclaimer of Warranty

Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.

8. Limitation of Liability

In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.

9. Accepting Warranty or Additional Liability

While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.

END OF TERMS AND CONDITIONS Copyright 2014 Injoit Ltd, trading as QuickBlox and Q-municate, Registered in England and Wales, Company No. 07150135, registered address: 41 Attenborough Court, WD19 4FN, Watford, Hertfordshire, United Kingdom. Licensed under the Q-municate License Version 1.0 (the “License”); you may not use this file except in compliance with the License. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

Q-municate Contributor License Agreement

Version 1.0, July 2014. You and QuickBlox hereby accept and agree to the following terms and conditions:
  1. Contributors and Contributions
    1. Any individual or legal entity that voluntarily submits to the Project a Contribution is addressed herein as “Contributor” or “You”. A “Quality Contributor” is an individual or legal entity that makes Contributions relating to bug reports, bug fixes, test cases and other quality attributes of the Project’s existing software. For legal entities, the entity making a Contribution and all other entities that control, are controlled by, or are under common control with that entity are considered to be a single Contributor. For the purposes of this definition, “control” means
      (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or
      (b)ownership of fifty percent (50%) or more of the outstanding shares, or
      (c) beneficial ownership of such entity.
    2. A “Contribution” is any original work, including any modification or addition to an existing work that has been submitted for inclusion in, or documentation of, any of the products owned or managed by the Project, where such work originates from that particular Contributor.
    3. A Contribution is “submitted” when any form of electronic, verbal, or written communication or documentation sent to the Project (including but not limited to communication via email to QuickBlox or committing code into the repositories of the project maintained by QuickBlox).
    4. Any Contribution submitted by You to the Project shall be under the terms and conditions of this Agreement, without any additional terms or conditions. In the event QuickBlox should request that You execute this Agreement in written form with a personal signature, or execute a form of assignment or other documents necessary to complete a copyright registration filing, You agree to do so promptly and without additional consideration.
  2. Contributor Grants

    For the benefit of QuickBlox:

    1. You hereby irrevocably assign, transfer, and convey to QuickBlox all right, title and interest in and to the Contribution. Such assignment includes all copyrights, copyright applications, and copyright registrations, and all other intellectual property or proprietary rights other than patents relating to the Contribution, together with all causes of actions accrued in your favor for infringement thereof, recognized in any jurisdiction, whether or not perfected (“Proprietary Rights”). Without limiting the generality of the foregoing, QuickBlox shall have the right to use or not use the Contribution and to use, sell, register, distribute, license, reproduce, re-use, alter, modify, edit, change, or otherwise commercialize the Contribution as it sees fit, in any manner now known or in the future discovered, and for any purpose. To the extent that under any applicable mandatory law, Proprietary Rights cannot be assigned, You irrevocably agree to grant, and You hereby grant, to QuickBlox an exclusive, perpetual, irrevocable, unlimited, worldwide, fully paid, and unconditional license to use and commercialize Proprietary Right to the Contribution in any manner now known or in the future discovered. To the extent such license grant is not fully valid, effective or enforceable under mandatory law, You irrevocably agree to grant, and You hereby grant, to QuickBlox, such rights as QuickBlox reasonably requests in order to acquire a legal position as close as possible to full and exclusive legal ownership.
    2. You hereby grant to QuickBlox and to and to any and all individuals and entities who obtain, access, use, or distribute any QuickBlox product a perpetual, non-exclusive, worldwide, fully paid-up, royalty free, irrevocable (except as set forth below with respect to litigation) license to any patent rights to make, have made, use, offer to sell, sell, import, and otherwise exploit or transfer your Contribution or prepare derivative works thereof, where such license applies only to those patent claims licensable by You that are necessarily infringed by your Contribution alone or by combination of your Contribution with other work of the Project. The patent license granted in this Section shall immediately terminate with respect to any party that institutes patent litigation against You or QuickBlox (including a cross-claim or counterclaim in a lawsuit) alleging that your Contribution, or the Project work to which You have contributed, constitutes direct or contributory patent infringement.
    3. Upon making the assignment and grants set forth in Section 2.1, You shall receive from QuickBlox a non-exclusive, worldwide, fully paid-up, royalty-free, irrevocable license to make, have made, use, reproduce, distribute, sub-license, modify and prepare derivative works based on your Contribution. 2.4 In case that under mandatory law, You retain any moral rights or other inalienable rights to Contributions, You agree not to exercise such rights, until You have provided prior written notice to QuickBlox and then only in accordance with any reasonable instructions that QuickBlox issues in the interest of protecting its rights and the rights of its users and customers. 2.5 In order to ensure that QuickBlox will be able to acquire, perfect and use its Proprietary Rights under Section 2.1 and its patent license under Section 2.2, You will: (i) sign any documents to assist QuickBlox in the documentation, perfection and enforcement of its rights, and (ii) provide QuickBlox with support and reasonable access to information for recording, perfecting, securing, defending, and enforcing its rights. You also irrevocably authorize QuickBlox to act and sign on your behalf and take any necessary steps in order to perfect QuickBlox’s rights under this Agreement.
  3. Identification of Contributors

    Upon general availability release of a QuickBlox product that includes your Contribution, QuickBlox shall identify You by name in the acknowledgements section of the code notes. QuickBlox’s sole liability and your sole remedy for breach of this Section is for QuickBlox to correct the attribution in the next release following the date on which the breach was brought to QuickBlox’s attention. Any Contributor who does not want to be identified as a Contributor must notify QuickBlox of that by means of an email to community@quickblox.com.

  4. Contributor Representations

    With acknowledgement and agreement that QuickBlox and Users of its products will invest significant resources in product development, application development, marketing, and other cost-intensive undertakings in reliance upon your representations in this Agreement, You represent and warrant that:

    1. With acknowledgement and agreement that QuickBlox and Users of its products will invest significant resources in product development, application development, marketing, and other cost-intensive undertakings in reliance upon your representations in this Agreement, You represent and warrant that:
    2. If your employer(s) has rights to intellectual property that You create that includes your Contributions, You have received permission to make Contributions on behalf of that employer, that your employer has waived such rights for your Contributions to the Project, or that your employer has executed a separate CLA with QuickBlox.
    3. Each of your Contributions is your original creation. You represent that any Contribution submission(s) You make shall include full disclosure and complete details of any third-party license or other restriction (including, but not limited to, related copyright, patents and trademarks) which are associated with any part of your Contribution.
    4. To the best of your knowledge, no government license or permission is required for the export, import, transfer or use of the Contribution.
    5. To the best of your knowledge, no government license or permission is required for the export, import, transfer or use of the Contribution.
    6. Entering into this Agreement and submitting a Contribution does not violate, breach or constitute a default under any other agreement to which You or your employer is a party, does not require any consent, approval or waiver from or notice to any third party, and does not violate any law or regulation.
  5. Contributor’s Ongoing Obligation

    You agree to notify the Project promptly of any facts or circumstances of which You become aware that would make the representations and warranties in Section 4 inaccurate or untrue in any respect. 6. Disclaimer of Warranties. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 4, NEITHER YOU NOR QUICKBLOX MAKE ANY WARRANTIES OF ANY KIND TO THE OTHER PARTY, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF A CONTRIBUTION’S MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

  6. Support for Contributions

    You are not expected or obligated to provide technical support for your Contributions, except to the extent You desire to provide such support. You may provide technical support for free, for a fee, or not at all. If You decide to provide technical support for a fee, QuickBlox shall have no obligation to pay any such fee unless the terms of such support (including applicable fees) are set forth in a separate written agreement signed by an authorized representative of QuickBlox.

  7. Acceptance and Compensation.
    1. The Project is under no obligation to accept any Contribution or include any Contribution in any Project software or documentation.
    2. The compensation for Quality Contributors (i.e. bug reports, test cases, bug patches) shall be defined in the Quality Contributor Program pages at QuickBlox website, which QuickBlox reserves the right to change from time to time effective upon updating the relevant web pages. The compensation you receive for a Contribution given pursuant to the Quality Contributor Program will be determined based upon the compensation in effect on the date your Contribution was received.
    3. For any Contribution from You that QuickBlox accepts and, in its reasonable discretion, decides is of material value to the Project (i.e. feature contributions that significantly extend or improve the functionality of Project software), QuickBlox, or its community of users, You shall have the right to receive as consideration for your Contribution any two of the following items: (a) a discount of US $100 off the applicable fee for subscribing to a paid QuickBlox cloud backend platform account as listed in: http://quickblox.com/plans/ (b) a QuickBlox branded t-shirt (c) a QuickBlox branded mug.
    4. Do not submit a Contribution if the compensation set forth in this Agreement is not acceptable to you. Instead contact QuickBlox at community@quickblox.com with a complete description of the contribution you are prepared to make and a summary of the business terms on which the contribution could be made. From time to time QuickBlox will make extraordinary compensation available for a Contribution that provides extraordinary benefit to the Project.
    5. For a conclusive determination of whether your Contribution gives rise to a right to such consideration You may contact the Project at: community@quickblox.com. YOU ACKNOWLEDGE AND AGREE THAT THE CONSIDERATION YOU ELECT TO RECEIVE PURSUANT TO THIS SECTION 8 IS THE SOLE AND EXCLUSIVE COMPENSATION YOU WILL EVER RECEIVE IN CONNECTION WITH YOUR CONTRIBUTION AND YOUR OBLIGATIONS AND RESPONSIBILITIES UNDER THIS AGREEMENT.
  8. Future Claims

    At no time hereafter shall You dispute, contest, or aid or assist others in disputing or contesting, either directly or indirectly, QuickBlox’s exclusive right, title, and interest in any and all Contributions, including (but not limited to) any and all copyright and other intellectual property rights therein claimed by QuickBlox.

  9. Miscellaneous

    This Agreement contains the entire agreement between the parties, and supersedes all prior or contemporaneous agreements or understanding, whether written or oral, relating to its subject matter. The terms of this Agreement are binding contractual obligations and not mere guidelines or recitals. The “License Summary” made available in conjunction with this Agreement is provided for informational purposes only, and in the event of a conflict between the License Summary and the terms of this Agreement, the terms of this Agreement shall prevail. This Agreement may be terminated by either party upon written notice to the other party, provided that the terms of this Agreement shall remain in full force and effect with respect to any Contribution submitted prior to the termination date of this Agreement. This Agreement may be amended or modified only in a writing executed by both parties. If any provision of this Agreement shall be deemed invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected and such provision shall be deemed modified only to the extent necessary to make such provision consistent with applicable law. If You are a resident of the European Union, this Agreement shall be governed by and interpreted in accordance with the laws of United Kingdom (without regard to its principles of conflicts of law). If You are a resident of a country outside the European Union, this Agreement shall be governed by and interpreted in accordance with the laws of the State of California, U.S.A. (without regard to its principles of conflicts of law). You agree that the terms and conditions of this Agreement are reasonable and necessary for protection of QuickBlox’s interest in the Project and the assigned Contributions, and that irreparable injury will result to QuickBlox if You breach any term or condition herein. You agree that QuickBlox may take any necessary action to compel specific performance or enjoin any violation of this Agreement before any court of competent jurisdiction. QuickBlox, as used herein, shall mean Injoit Ltd, as well as its successors and assigns.