Marcan Operator License, Version 1
Licensor: Marvin Huber, trading as Kaitiaki Huber, Switzerland, marcan@kaitiaki.tech. Postal address: kaitiaki.tech/impressum.
Licensee: the business named in the order or, if none is named, the person who placed it. Whoever orders for a business confirms that they may bind it.
The Licensee orders in the course of its business or profession. By buying a Marcan Operator License, the Licensee accepts these terms.
1. Subject
The Licensor grants the Licensee, for the term of this license, the right to run Marcan for the Licensee's clients without the notice duty of Section 2 of the Beneficiary Copyleft License 1.0 ("BCL"), for the number of client domains in the purchased tier.
This includes modified versions of Marcan: while this license is active, the Licensee need not offer the source of Marcan or of its modifications to any user of its service under BCL Section 2(d) or AGPLv3 Section 13.
This license covers Marcan to the extent the Licensor holds the rights in it. It does not cover changes made by third parties, for example in other people's forks. In everything else, Marcan remains licensed to the Licensee under the BCL.
2. Scope
- Client domains: registered domain names, each including its subdomains, of persons other than the Licensee and its Affiliates (as defined in the BCL) that the Licensee monitors with Marcan. The Licensee's own domains and those of its Affiliates do not count.
- Instances: any number of instances operated by the Licensee itself, including test and staging instances.
- Not included: distributing Marcan, or a modified version, to third parties under these terms. Any distribution is under the BCL only.
- Personal: this license cannot be transferred or sublicensed, except to a successor of the Licensee's business with the Licensor's consent (not to be unreasonably withheld).
3. Tiers and fees
| Tier | Client domains | Monthly | Yearly |
|---|---|---|---|
| Operator 60 | up to 60 | USD 20 | USD 200 |
| Operator Unlimited | any | USD 50 | USD 500 |
If the order includes a free trial, the license is active during the trial, and the first fee is due when the trial ends. If the Licensee cancels during the trial, the license ends with the trial and nothing is charged.
Fees are due in advance for the billing period, in USD or the equivalent amount in the currency shown at checkout. No VAT or sales tax is charged; business customers in the EU and the UK account for VAT themselves under the reverse-charge procedure where applicable.
Use above the tier's domain count within a billing period is covered if the Licensee upgrades to the right tier from the next billing period.
4. Verification
On request, the Licensee states in writing how many client domains it monitors with Marcan. If the Licensor has reasonable grounds to doubt that statement, it may ask for evidence, such as a list of the client domains or an export from Marcan, at most once a year. The Licensor keeps that information confidential and uses it only to verify the license.
If the count exceeded the tier, the Licensee pays the difference to the right tier for the period concerned. If the Licensee does not answer within 30 days, the Licensor may end the license at the end of the current billing period. Use above the tier that is neither upgraded under Section 3 nor paid for under this section is not covered by this license: for that use, the BCL applies without exception.
5. Term and end
- The license runs for the paid billing period and renews with each payment.
- The Licensee can cancel at any time in the customer portal; the license then ends at the end of the paid billing period. Fees already paid are not refunded.
- Either party may end the license with immediate effect for a material breach that is not cured within 30 days of written notice. The Licensor may also end it at the end of any billing period with 60 days' notice.
- When the license ends, the BCL applies without exception. If the Licensee continues to run Marcan for clients, it informs its existing clients under BCL Section 2 within 30 days, and until then this license continues to cover them. New clients are informed as the BCL requires.
- If the Licensee continues to run a modified version for others, the source of its modifications becomes subject to BCL Section 2(d) and AGPLv3 Section 13 from the end of the license.
6. No warranty, liability
Marcan is provided as is. The Licensor's liability is limited to the fees paid in the 12 months before the claim, except for intent and gross negligence (Art. 100 OR).
7. Changes to these terms
The Licensor may publish new versions of this license. A new version applies to the Licensee only from the first renewal at least 30 days after the Licensor has informed it by e-mail, and the Licensee may cancel before then. Earlier versions stay available at their own address.
8. Law and jurisdiction
Swiss law, excluding conflict-of-law rules and the CISG. Place of jurisdiction: the Licensor's registered office or domicile, unless mandatory law provides otherwise.