Weblabor Base Licensing Terms and Conditions

These Terms and Conditions govern the acquisition of, access to and use of Weblabor Base, a software solution developed and marketed by Weblabor that serves as a base, scaffolding or starting point for the development of applications and software systems.

Acquiring Weblabor Base implies acceptance of these Terms and Conditions.

1. Weblabor Base

Weblabor Base is a software base developed by Weblabor that contains pre-existing components, structures, modules and features intended to make the development of applications easier and faster.

Depending on the version, package or plan purchased, Weblabor Base may include different features, modules and components.

The specific features included in each acquisition will be those of the package, version or plan stated in the applicable quote, purchase order, purchase page, receipt or commercial documentation.

2. Nature of the licence

Acquiring Weblabor Base grants the Customer a licence that is:

perpetual;
non-exclusive;
tied to a specific Project;
modifiable in accordance with these Terms; and
capable of being used commercially as part of the resulting Project.

The licence allows the Customer to use, indefinitely, the Weblabor Base code delivered to the Customer for the corresponding Project.

Payment for the licence does not constitute a sale, nor an assignment of the intellectual property of Weblabor Base.

3. Intellectual property

Weblabor retains ownership of, and the intellectual property rights it holds over, Weblabor Base, including its original source code, architecture, components, modules, structures and other pre-existing elements.

Delivery of the source code to the Customer does not imply a transfer of the intellectual property of Weblabor Base.

Weblabor may continue to use, develop, modify, improve, license and market Weblabor Base, in whole or in part, in other projects and for other customers.

The licence does not grant the Customer exclusivity over Weblabor Base or over its general features.

4. Delivery of the source code

The Customer will receive access to the source code corresponding to the version, package, modules and features of Weblabor Base that the Customer purchased.

Delivery of the source code is part of the licence and allows the Customer to use and modify it in accordance with these Terms.

The existence of other packages, modules, features or versions of Weblabor Base not included in the purchase does not grant the Customer any right to access or use them.

5. Licence per Project

Each Weblabor Base licence corresponds to one Project.

For the purposes of these Terms, a Project is an individual application, platform, system, product or software solution for which the licence was originally acquired.

The Project may evolve, or change its name, domain, infrastructure, server, business model or functional scope, without losing its identity as the same Project.

Likewise, there may be multiple technical environments related to the same Project, including environments for:

development;
testing;
QA;
staging;
production;
backup;
recovery;
local execution; and
any other environments needed for its operation or development.

These environments do not require additional licences as long as they correspond to the same Project.

Nor does the number of users, end customers, accounts, branches, installations or consumers of the Project, by itself, create the need to acquire additional licences.

6. Additional Projects

The licence does not allow Weblabor Base to be used as a starting point to create additional independent Projects.

If the Customer duplicates, forks, copies or reuses the Weblabor Base code to develop an application, product, platform or solution independent of the originally licensed Project, the Customer must acquire a new licence.

The above applies even when the different Projects belong to the same person, company, business group or organisation.

Creating new features, modules or versions within the same Project will not, by itself, be considered an additional Project.

7. Modification of the code

The Customer may freely modify the Weblabor Base code received under its licence to adapt it to the needs of its Project.

Modifications may be made directly by the Customer or by employees, developers, contractors, agencies, suppliers or other third parties taking part in the development or maintenance of the Project.

Modifying the code does not transfer to the Customer ownership of the original Weblabor Base code, nor does it change the restrictions set out in these Terms.

8. Access by third parties

The Customer may give third parties access to the Weblabor Base code when that access is necessary to develop, maintain, operate or provide services related to the Project.

That access does not grant the third party an independent licence over Weblabor Base.

Third parties with access to the code may not use Weblabor Base for other projects of their own or of others, market it as a standalone product, or reuse it outside the Project for which it was licensed.

The Customer will be responsible for ensuring that the access it grants to third parties respects the conditions of the licence.

9. Commercial exploitation of the Project

The Customer may use Weblabor Base as the foundation for developing a commercial product or service.

For example, the Customer may build applications, platforms, administrative systems, SaaS services, marketplaces, internal systems or other solutions on top of Weblabor Base, and charge for their use, access, subscription or associated services.

There is no limit on end customers or users deriving solely from the Weblabor Base licence, unless the specific conditions of the purchased package expressly state otherwise.

Commercial exploitation of the resulting Project does not make the Customer the owner of Weblabor Base.

10. Prohibition on marketing Weblabor Base

The Customer may not market Weblabor Base as a standalone product.

In particular, the Customer may not sell, sublicense, distribute or make Weblabor Base available to third parties as:

scaffolding;
a starter kit;
a template;
a framework;
a boilerplate;
a base for development;
a source code package; or
any product of a substantially equivalent nature.

Nor may the Customer make modifications merely intended to present Weblabor Base as its own product in order to subsequently market it as a development base.

This restriction does not prevent the marketing of the Project that the Customer builds using Weblabor Base.

11. Transfer or sale of the Project

The Customer may sell, assign or transfer the Project to a third party, including cases in which a company, business unit, platform, product or set of assets that includes that Project is sold.

In these cases, the Weblabor Base licence may remain tied to the originally licensed Project and accompany its transfer.

Transferring the Project does not transfer the intellectual property of Weblabor Base to the new owner, nor does it grant the new owner the right to use Weblabor Base to create other independent Projects.

12. Versions and packages

Weblabor may offer different versions, packages or plans of Weblabor Base.

Each plan may contain different modules, components, capabilities and features.

The licence will cover exclusively what is included in the plan purchased by the Customer.

Acquiring a version or package does not automatically grant access to features, modules or components belonging to other plans.

13. Included updates

Acquiring a Weblabor Base licence includes one year of access to updates, counted from the date the licence was acquired or activated.

During that period, the Customer may access and download the Weblabor Base updates that Weblabor makes available and that correspond to the purchased package or plan.

Once the included update period ends, the Customer will keep its licence indefinitely over the version of Weblabor Base to which it is entitled, but access to new updates may require renewal, subscription, payment or an additional purchase under the commercial conditions in force at that time.

The end of the update period does not cancel or limit the perpetual licence previously acquired.

14. An update does not mean implementation

The right of access to updates means exclusively that the Customer may obtain the code corresponding to the new versions available under its plan.

Weblabor will not be obliged, as part of the licence, to:

install the updates;
incorporate them into the Project;
perform merges;
resolve code conflicts;
update the Project's dependencies;
migrate data;
adapt customisations;
modify code developed by the Customer or third parties; or
carry out any other work needed to incorporate an update into the Project.

This work may be purchased as additional services when Weblabor offers them.

15. Version compatibility and modifications

Weblabor Base may evolve over time and use new versions of frameworks, libraries, dependencies, tools or technologies.

Weblabor does not guarantee that future versions will be automatically compatible with all the modifications made by the Customer or third parties.

When the code of the Project has been modified, incorporating an update may require integration, migration, adaptation or conflict-resolution work.

Carrying out that work will be the Customer's responsibility, unless the Customer expressly hires Weblabor to do it.

Nor will Weblabor be obliged to maintain backward compatibility indefinitely across all versions of Weblabor Base.

16. Services not included

Acquiring Weblabor Base covers the licence and the delivery of, or access to, the corresponding code, but does not include, unless expressly purchased:

custom software development;
installation;
implementation;
configuration;
customisation;
integration with other systems;
migrations;
training;
maintenance;
infrastructure administration;
implementation of updates;
resolution of code conflicts; or
personalised technical support.

These services may be offered and purchased separately.

17. Support

Weblabor may make support mechanisms, plans or services for Weblabor Base available to Customers.

Support is not considered included in the licence unless the purchased package expressly states otherwise.

When the Customer needs technical assistance, it may activate or purchase one of the available support mechanisms according to their features, prices, availability, scope and conditions in force.

The existence of a mechanism for reporting errors, sending feedback or communicating with Weblabor must not be interpreted as the purchase of a support service, nor as the existence of guaranteed response or resolution times.

18. Errors and modifications made by the Customer

The Customer may report to Weblabor errors that it considers attributable to Weblabor Base.

Receiving a report does not imply an obligation to make a specific modification, nor does it establish a guaranteed time for it to be addressed, unless there is a support service or separate agreement that expressly establishes those obligations.

Weblabor will not be responsible for errors, incompatibilities or impacts caused by modifications made by the Customer or by third parties, external configurations, third-party infrastructure, modified dependencies or integrations that do not belong to Weblabor Base.

19. No warranty for particular purposes

Weblabor Base is provided as a general tool to make software development easier.

It is up to the Customer to determine whether the features of the purchased package are suitable for the particular needs of its Project.

Unless a commitment is expressly made in writing, acquiring Weblabor Base does not imply that Weblabor guarantees that the software will meet a particular business, operational or technical purpose of the Customer without requiring additional development, configuration or adaptation.

20. Evolution of Weblabor Base

Weblabor may continue to develop and modify Weblabor Base.

Future versions may add, replace, reorganise, modify or remove components, dependencies, technologies or features.

These modifications do not affect the Customer's right to continue using, perpetually, the version it received under its licence.

21. Authorship and ownership notices

The Customer may not falsely claim authorship of the original Weblabor Base code, nor carry out acts intended to make others believe that it owns the intellectual property rights over that software.

Where legal or intellectual property notices are specifically incorporated in the Weblabor Base source code, they must not be modified for the purpose of attributing original ownership of the software to a third party.

The above does not oblige the Customer to publicly display the Weblabor or Weblabor Base brand within the interface of its Project, unless the specific conditions of a plan expressly state otherwise.

22. Cancellations and refunds

Because of the digital nature of Weblabor Base and because the Customer obtains access to the source code, once the code has been delivered, downloaded or access to it has been enabled, the licence will be considered supplied and no cancellations or refunds will apply.

The above applies without prejudice to the non-waivable rights the Customer holds under applicable law.

23. Breach of the licence

Using Weblabor Base outside the scope authorised by these Terms constitutes a breach of the licence.

In particular, the following will be considered a breach: using one licence for multiple independent Projects, marketing Weblabor Base as a standalone product, granting unauthorised sublicences, or deliberately allowing third parties to reuse the code outside the licensed Project.

Weblabor may exercise the rights and actions available to it against unauthorised uses of its software and intellectual property.

24. Independence from development services

These Terms govern exclusively the licensing of Weblabor Base.

When Weblabor is additionally hired to develop, modify, implement, maintain or provide services on a Project built using Weblabor Base, that work will be subject to its respective quotes, contracts or terms and conditions.

Hiring development services does not, by itself, change the ownership of Weblabor Base.

The specific code developed for a Project may be subject to different intellectual property conditions, in accordance with the corresponding development contract.

25. Identification of the licence

The licence may be identified through the information available in the purchase, including the Customer, Project, package acquired, purchase date, receipt, quote, order, electronic record or other equivalent elements.

Weblabor may use this data to determine the scope of the licence and the corresponding update period.

26. Acceptance

The acquisition, payment, download, access or use of Weblabor Base implies acceptance of these Terms and Conditions.

Specific conditions expressly set out in a quote, purchase order, plan or specific purchase will complement these Terms with respect to the corresponding Customer and Project.

Where a specific condition expressly agreed differs from these Terms, that specific condition will prevail only with respect to the specifically agreed matter.

27. Governing law

These Terms and Conditions will be interpreted in accordance with the law applicable in the United Mexican States.

Rights that by law cannot be waived by either party will remain in force regardless of what is set out in these Terms.

Weblabor Base

A product developed and licensed by Weblabor.