- Flickity licenses
- Open source license
- Commercial license
- Purchasing a commercial license
- Commercial OEM license
- Flickity Commercial License Agreement
- Commercial license grant
- Prohibited Uses
- Disclaimer of Warranties
- Limitation of Liabilities
- Payment and Taxes
Flickity has three kinds of licenses: open-source, commercial, and OEM.
Open source license
The open source license is designed for you to use Flickity to build open source and personal projects. The Flickity open source license is GPLv3. The GPLv3 has many terms, but the most important is how it is sticky when you distribute your work publicly. From the GPL FAQ:
If you release the modified version to the public in some way, the GPL requires you to make the modified source code available to the program's users, under the GPL.
Releasing your project that uses Flickity under the GPLv3, in turn, requires your project to be licensed under the GPLv3. If you are okay with this, feel free to use Flickity under the GPLv3, without purchasing a commercial license.
The commercial license is designed to for you to use Flickity in commercial products and applications, without the provisions of the GPLv3. With the commercial license, your code is kept propietary, to yourself. If you want to use Flickity to develop commercial sites, themes, projects, and applications, the commercial license is the appropriate license.
Purchasing a commercial license
Purchasing takes a minute. Our purchasing form accepts credit cards or PayPal. Once purchased, you’ll receive a commercial license PDF and you will be all set to use Flickity in your commercial applications. With the purchase of a commercial license:
- You may use Flickity in as many commercial applications you like.
- You may use Flickity in your own commercial applications and products. For example: premium WordPress, Tumblr, or other CMS themes, plugins and templates.
- Customers and users of your products do not need to purchase their own license — so long as they are not developing their own commercial products with Flickity.
Commercial Licenses are priced per team member. A team member is someone on your team working on a project that uses Flickity.
The Flickity Commercial Developer License is for individual developers. Each individual developer or team member needs to purchase a separate license.
The Flickity Commercial Organization License is for an unlimited number of team members. This license covers the entire team no matter how many people are working on it.
Read the Flickity Commercial License Agreement below for complete terms and details.
For any questions about licensing, contact us firstname.lastname@example.org.
Commercial OEM license
If you want to include Flickity as part of a commercial interface builder, SDK, or toolkit, choose the Commercial OEM license. Commercial OEM licenses are customized for each customer. Contact email@example.com.
Flickity Commercial License Agreement
Below are the official Flickity Commercial License terms, as well as a plain English summary of the terms. These summaries are provided for your convenience, but are not binding; your use of Flickity is governed by the full license terms.
Select Commercial License.
This Software License Agreement (the “Agreement”) is between Metafizzy LLC (“Metafizzy”) and You (including your agents and affiliates), a commercial licensee of Metafizzy's software. If you have not purchased a Flickity commercial license from Metafizzy, these terms do not apply to you, and your use of the Metafizzy software is instead governed by the GNU General Public License, version 3.
Purchasing a Flickity Commercial License applies this Agreement to you. Otherwise, you may use Flickity under the GPLv3.
- “Application” means any software, application, or elements that Your Licensed Developers develop using the Software or Modifications in accordance with this Agreement.
- “End User” means an end user of Your Application who acquires a license to such solely for their own use and not for distribution, resale, user interface design, or software development purposes.
- “Licensed Developer” shall mean an individual person permitted to use the Software and make Modifications for your Applications, whether such person is Your employee or a consultant or contractor providing services to You.
- “Modification” means any revision, adaptation, or derivative of the Software produced by You.
- The “Software” means Flickity version 2.
Commercial license grant
Subject to the terms of this Agreement, Metafizzy grants to You a revocable, non-exclusive, non-transferable license: (i) for one (1) Licensed Developer to use the Software to create Modifications and Applications; (ii) for You to distribute the Software and/or Modifications to an unlimited number of End Users solely as integrated into the Applications; and (iii) for End Users to use the Software as incorporated into Your Applications in accordance with the terms of this Agreement.
This license grants you one individual Developer to use Flickity for an unlimited amount of Applications. It is not exclusive — others companies and developers can use Flickity — and is non-transferable — you cannot transfer this license to another company.
You are entitled to receive all updates to the major version of the Software licensed by you, as well as any later version of the Software that Metafizzy, in writing, explicitly authorizes you to use. (For illustration purposes only, if you purchased a license for version 2.0, this licenses authorizes you to use version 2.9, but not 3.0.) Metafizzy makes no representation that any update will be compatible with your Application.
You can use this license with Flickity versions 2.x.x, as well as later versions if we authorize. Later versions of Flickity may not be compatible with your Application.
This is a license agreement and not an agreement for sale. Metafizzy reserves ownership of all intellectual property rights inherent in or relating to the Software and corresponding source code, which include all copyright, patent rights, all rights in relation to registered and unregistered trademarks (including service marks), confidential information (including trade secrets and know-how) and all rights other than those expressly granted by this Agreement.
This license is for use of Flickity, not ownership of its intellectual property. Metafizzy continues to own Flickity.
You must not remove, obscure or interfere with any copyright, acknowledgment, attribution, trademark, warning or disclaimer statement affixed to, incorporated in or otherwise applied in connection with the Software. Notwithstanding the above, you are permitted to produce, use, and distribute compressed or “minified” copies of the Software that do not bear the notices contained in the Software’s source code, so long as you otherwise comply with the terms of this license.
When you distribute your work with Flickity, do not remove or change any disclaimers from the source files. You can however minify the source files, which may remove or change the disclaimers.
Your Application must have substantially different functionality than, and must not compete directly with, the Software.
You cannot create something very similar to Flickity, like a super-Flickity. Make something unique.
You may not distribute the Software or Modifications except as included within Your Application.
If You produce an Application for a customer, You are responsible for ensuring that your customer does not make use of the Software except with Applications licensed herein.
Do not re-package Flickity unless it’s part of your Application.
Likewise, your customer should be using Flickity as part of your Application.
Your Application must not enable End Users to produce separate applications that incorporate the Software or Modifications. For example, if Your Application is a development toolkit or library, an application builder, a website builder that can be used to incorporate the Software into a new Application, You must obtain a separate OEM license from Metafizzy.
You need to purchase a Commercial OEM License if you are creating an interface builder, SDK, or something that produces copies that each use Flickity.
This Agreement and the license granted hereunder shall continue until terminated in accordance with this Section. Unless otherwise specified in this Agreement, the license shall last as long as Your use of the Software is in compliance with the terms herein.
This Agreement applies for as long as you use Flickity.
Metafizzy shall have the right to terminate this Agreement and the license granted hereunder immediately if You breach any of the material terms of this Agreement, and You fail to cure such material breach within thirty (30) days of receipt of notice from Metafizzy. Upon termination of this Agreement, all licenses granted to You in this Agreement shall terminate automatically and You shall immediately cease use and distribution of the Software.
We can end this Agreement if you breach any terms, and do not resolve the breach after 30 days after notice from Metafizzy. After termination, you must stop using and distributing Flickity.
Upon termination of this Agreement, You must cease all use of the Software. If, prior to your breach of this Agreement, you delivered Applications incorporating the Software to Your End Users, those End Users’ licenses shall survive termination.
After termination, your end users may continue to use Flickity in products that have already been distributed to them.
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY LAW, METAFIZZY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE. WE DO NOT GUARANTEE THAT THE OPERATION OF THE SOFTWARE OR YOUR APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU ACKNOWLEDGE THAT IT IS NOT TECHNICALLY PRACTICABLE FOR US TO DO SO.
We do not claim any warranties or gaurantees with using Flickity. There may be bugs.
Limitation of Liabilities
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL METAFIZZY BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LAW) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE CODE IT PRODUCES OR ANY OTHER SUBJECT MATTER RELATING TO THIS AGREEMENT, EVEN IF METAFIZZY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, METAFIZZY’S ENTIRE LIABILITY WITH RESPECT TO ANY SUBJECT MATTER RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR THE LICENSE, OR (II) FIVE HUNDRED DOLLARS ($500).
We aren’t liable if your business is harmed or you lose money as result of using Flickity.
While redistributing the Software or Modifications thereof as part of Your Application, You may choose to offer acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this Agreement. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, and not on Metafizzy’s behalf.
While distributing Flickity to your end users, you can offer them support for Flickity, but only on your own behalf. That is your responsibility and not ours.
You agree to indemnify, hold harmless, and defend Metafizzy and its owners, officers, agents, and affiliates from and against any and all claims, lawsuits and proceedings (collectively “Claims”), and all expenses, costs (including attorney's fees), judgments, damages and other liabilities resulting from such Claims, that arise or result from: (i) Your use of the Software in violation of this Agreement; (ii) the use or distribution of Your Application, except to the extent such claim is based solely on the inclusion of the Software therein; (iii) Your Modification of the Software’s source code; or (iv) Your accepting support, warranty, indemnity, or additional liability as described in Section 8.1.
If someone sues Metafizzy as a result of your use of Flickity, you are responsible for any resulting cost to Metafizzy.
Payment and Taxes
All payments under this Agreement are due to Metafizzy upon Your purchase of a license to the Software.
Each party shall be responsible for all taxes (including, but not limited to, taxes based upon its income) or levies imposed on it under applicable laws, regulations and tax treaties as a result of this Agreement and any payments made hereunder (including those required to be withheld or deducted from payments); provided that You shall be responsible for any value added tax, use tax, sales tax, or similar tax, and shall pay or reimburse Metafizzy for the same upon invoice. Each party shall furnish evidence of such paid taxes as is sufficient to enable the other party to obtain any credits available to it, including original tax withholding certificates.
We are each responsible for any taxes that we owe as a result of this agreement.
Software Updates and Upgrades. The license granted herein applies only to the version of the Software available when purchased in connection with the terms of this Agreement, and to any updates and/or upgrades to which You may be entitled. Any previous or subsequent license granted to You for use of the Software shall be governed by the terms and conditions of the agreement entered in connection with purchase or download of that version of the Software.
This license applies to Flickity v2. Previous licenses still apply if you have used a previous version with a different license.
Survival. The provisions of sections 4 through 10 will survive termination of this Agreement.
Compliance with Applicable Laws. You agree that You will comply with all applicable laws and regulations with respect to the Software, including without limitation all export control laws and regulations.
Marketing. You agree to Metafizzy’s use of Your name, trade name, and trademark, for use in Metafizzy’s marketing materials and its website, solely to identify you as a customer of Metafizzy.
You agree that we can use your name and your logo for marketing.
Assignment. This Agreement may be assigned by Metafizzy in whole or in part and will inure to the benefit of Metafizzy’s successors and assigns. You may not assign or transfer this Agreement without Metafizzy’s prior written consent. Notwithstanding the foregoing, however, if You transfer ownership of an Application to a customer for which it was developed, You may assign this Agreement to that customer (the “Assignee”) provided: (i) You provide written notice to Metafizzy prior to the effective date of such assignment; and (ii) there is a written agreement, wherein the Assignee accepts the terms of this Agreement.
You may assign this license to a customer, or another company or organization, so long as you get our written permission.
Entire Agreement. The terms and conditions stated herein set forth the entire agreement of the parties and replace and supersede all other contracts, agreements, and understandings, written or oral, relating to the subject matter hereof.
Your use of Flickity is governed only by this agreement.
Severability. In the event that any portion of this Agreement is held to be unenforceable, such portions shall not limit or otherwise modify or affect any other portion of this Agreement.
If there is a problem with any part of this agreement, the rest of the agreement will remain in place.
Modification; Waiver. This Agreement cannot be amended except by a written instrument executed by each of the parties. The failure of either party to enforce any provision of this Agreement may not be deemed a waiver of that or any other provision of this Agreement.
No changes to this Agreement, unless we confirm it in writing. All of these terms remain enforceable even if we don't enforce them at every opportunity.
Governing Law. This Agreement is governed by the laws of the Commonwealth of Virginia (notwithstanding conflicts of laws provisions), and all parties irrevocably submit to the jurisdiction of the state or federal courts of the Commonwealth of Virginia and further agree to commence any litigation which may arise hereunder in the state or federal courts located in the judicial district of Alexandria, Virginia. The UN Convention on Contracts for the International Sale of Goods is expressly excluded.
This agreement is governed by Virginia State laws and, if necessary, will be enforced in Virginia courts.
Government Use. If the Software or any related documentation is licensed to the U.S. Government or any agency thereof, it will be considered to be “commercial computer software” or “commercial computer software documentation,” as those terms are used in 48 CFR § 12.212 or 48 CFR § 227.7202, and is being licensed with only those rights as are granted to all other licensees as set forth in this Agreement.