Netlash bvba with registered offices at Voorhavenlaan 31/003, 9000 Ghent, Belgium, and registered with the Register for Legal Entities under enterprise number 0878.796.244 (hereafter Netlash) is a company focusing its business on web software development and the creation of websites. Netlash has developed Fork CMS and, together with Contributors, continues to develop and improve Fork CMS (hereinafter the Software). The Software is a content management system for use by website creators. The Software will allow their clients to easily manage the content of their websites.
The Software is put at the disposal of website creators as open source software under the Licence Terms and Conditions set forth hereafter:
1.1 Intellectual Property Rights are (irrespective of whether these are registered or not) copyrights, rights to databases, computer programmes and semi-conductors.
1.2 All Intellectual Property Rights on the Software are vested with Netlash and the Contributors as further defined in article 2.1.
2.1 Netlash as well as each Contributor to the Software, grants each user of the Software (hereafter the Licensee) the following rights (hereafter the Licence) to:
- a) use the Software;
- b) copy and distribute copies of the Software, in any medium, provided that the Licensee includes as a text file in the source code of each copy the entire Licence Terms and Conditions;
- c) analyze and modify the Software, in any way possible, including, but not limited to, developing new software, making changes, amendments or improvements to the Software (hereafter Derivative Works);
- d) copy and distribute the Derivative Works, whether or not accepted by Netlash as further defined below, in any medium, provided that the Licensee includes as a text file in the source code of each copy:
- (i) the entire Licence Terms and Condition as well as;
- (ii) for reasons of version management: a notice stating that the distributed software is a Derivative Work of Fork CMS, the date of creation as well as of each modification thereof.
Each Licensee may provide Netlash the Derivative Works it has made. The Derivative Works will be subject to a quality control executed by Netlash or a commission established by the latter. Further to this control, Netlash, or said commission, will decide at their own discretion, whether or not it accepts the Derivative Works to be included in the Software. Netlash or said commission will inform the Licensee about this decision. The Licensee explicitly agrees with the further distribution of its contributions as included in the Software, in accordance with these Licence Terms and Conditions. Licensee is then considered a Contributor.
With respect to its contributions to the Software, the Contributor represents that the physical person - author of the contributions, will not invoke his moral rights e.g. his moral right of paternity or his right to oppose modifications to the Software. In the event of infringements on the Software, the Contributor will inform Netlash. The latter will at its own discretion initiate action against the infringer, both in its own name and in the name of the relevant Contributors.
2.2 The Licence under article 2.1 is granted for the duration of the protection of the Software by Intellectual Property Rights.
2.3 The Licensee accepts this Licence by merely using, copying or distributing the Software, in any possible way and by any means.
2.4 The Licensee may not copy, modify, sublicense, or distribute the Software, except as expressly provided under this Licence.
Any action outside the scope of this Licence shall require the rightholders’ prior written approval. Any action taken by the Licensee without acquiring such approval is void, and will automatically terminate the Licensee’s rights under this Licence. However, third parties who have received copies or rights from the Licensee will not have their licences terminated as long as such parties remain in full compliance with these Licence Terms and Conditions.
3.1 The source code of the Software will be provided to the Licensee in a digital form, via the possibility of downloads from the internet.
4.1 Licensee acknowledges that the Software is only suitable for the following use: building and modifying websites, making websites maintainable with a content management system.
4.2 Netlash as well as any Contributor:
- (i) provides the Software "as is" without warranty of any kind, and does not guarantee that the Software is fit for a particular purpose or that the use of the Software will not be interrupted or be error free; [The Software is only destined at professional users that have sufficient expertise to assess the Software in the light of the intended use.]
- (ii) will not be liable if the Software contains bugs, computer viruses or malware in spite of their efforts to avoid these;
- (iii) declares only to develop software that, as far as they may reasonably know, does not infringe on Intellectual Property Rights vested with third parties.
4.3 Except to the extent of wilful misconduct, Netlash as well as any Contributor cannot be held liable, for direct or indirect damage, consequential loss, loss of expected profit, reduction of turnover, damage to programs or data or loss of any data of a Licensee or of any user or third party due to the use or inability to use the Software.
5.1 The validity, interpretation, and implementation of this Licence shall be governed by Belgian law.
5.2 All disputes with respect to the Licence shall be submitted to the competent Court in Ghent, Belgium. Before instituting a procedure before the Court, Parties will, however, attempt to negotiate in good faith in order to reach an out-of-court settlement.
6.1 Fork CMS uses other software packages as mentioned on the website of Fork CMS. These should be treated by their respective own Licence Terms and Conditions.