Amendment No. 1 to the End-User License Agreement
Two corrections to the licence that ships with the SimplyCount desktop application.
Why we are publishing this
SimplyCount is built on open-source software, including the Qt framework, which is licensed under the GNU Lesser General Public License. The LGPL gives you specific rights: to obtain the source of those components, modify them, and relink our application against your modified version.
Clause 6 of our EULA barred modification and reverse engineering “in any manner”, with no exception. That wording conflicted with rights the LGPL grants you, and our right to distribute Qt is conditioned on not restricting them. The clause was wrong, and this amendment fixes it.
The second correction is narrower but the same kind of error. Clause 12 warranted that we are the copyright holder of the Software. We are not: SimplyCount incorporates 107 third-party components owned by their respective holders. What we can honestly warrant is that we hold rights sufficient to license the Software to you, which is what it now says.
1. Clause 6 is amended by adding the following
Notwithstanding the foregoing, nothing in Clause 6 restricts any right the Licensee has (a) under applicable law that cannot be excluded by agreement, or (b) under the licence terms of any open-source component included in the Software. The Software includes components licensed under the GNU Lesser General Public License, including the Qt framework. For those components the Licensee may obtain the component source, modify it, reverse engineer the Software as necessary to debug such modifications, and relink the Software against the modified component. Where an open-source licence grants the Licensee a right, Clause 6 does not remove it. Where an open-source licence conflicts with this Agreement, the open-source licence controls for that component.
2. A new Clause 25 is added
25. Open-source components. The Software includes third-party and open-source components licensed under their own terms, which may grant the Licensee additional rights and impose additional conditions. A complete inventory with licence texts accompanies the Software. On written request to the Vendor, the Vendor will provide the complete corresponding source code for any component licensed under the GNU Lesser General Public License, at no charge beyond the cost of delivery, for three years from the Licensee’s receipt of the Software.
3. Clause 12 is amended
The sentence “The Vendor warrants and represents that it is the copyright holder of the Software” is replaced with:
The Vendor warrants and represents that it holds, or has been granted, rights sufficient to license the Software to the Licensee as set out in this Agreement. The Software incorporates third-party and open-source components owned by their respective holders and licensed under their own terms, as disclosed in the notices accompanying the Software.
What this does not change
Everything else in the Agreement stays exactly as it was. This amendment does not change what you pay, what the Software does, how your plan sets are handled, or any other term. It adds rights and corrects a warranty; it removes nothing.
How to exercise your open-source rights
Email sales@simplycount.com naming the component and
your SimplyCount version, and we will provide the corresponding source or a download link. LGPL
components ship as separate .dll files in the SimplyCount program directory, so
replacing one with your own compatible build requires no tooling from us.
Contact
Questions about this amendment: sales@simplycount.com.