The formal terms of the D-Level Commercial License can be found here. The D-Level Commercial License is an agreement with D-Level for organizations that do not want to release their application source code. Commercially licensed customers get a commercially supported product with assurances from D-Level. Commercially licensed users are also free from the requirement of making their own application open source and freely available.

When your application is not licensed under either the GPL-compatible Free Software License as defined by the Free Software Foundation or approved by OSI, and you intend to distribute D-Level software (be that externally to customers or internally within your organization), you must first obtain a commercial license to the D-Level product.

Typical examples of D-Level products distribution include:

• Selling software that includes a D-Level product to customers who install the software on their own machines.

• Selling software that requires customers to install a D-Level product themselves on their own machines.

• Building a hardware system that includes a D-Level product and selling that hardware system to customers for installation at their own locations.

Specifically:

• If you include a D-Level product with an application that is not licensed under the GPL or GPL-compatible license, you need a commercial license for the D-Level product server.

• If you develop and distribute a commercial application and as part of utilizing your application, the end-user must download a copy of a D-Level product; for each derivative work, you (or, in some cases, your end-user) need a commercial license for the D-Level product.

• If you include one or more of the D-Level products in your non-GPL application you need a commercial license for the products in question.

• If you distribute D-Level software within your organization, you should purchase a commercial license.

• GPL/DPL users have no direct legal relationship with D-Level. The commercial license, on the other hand, is D-Level's private license, and provides a direct legal relationship with D-Level.

With a commercial D-Level product license, one license is required per D-Level product (single installed product binary). There are no restrictions on the number of connections, number of CPUs, memory or disks to that one D-Level product.

Non-Profits, Academic Institutions, and Private Individuals

If you represent a non-profit organization or an academic institution, we recommend you publish your application as an open source / free software project using the GPL license. Thereby, you are free to use D-Level software free of charge under the DPL license. We believe that if you have strong reasons to not publish your application in accordance with the GPL, you should purchase commercial licenses. Note that non-profits can apply for free commercial licenses, which will be liberally granted.

If you are a private individual you are free to use D-Level software for your personal applications as long as you do not distribute them. If you distribute them, you must make a decision between the D-Level Commercial License and the D-Level Public License.

Please note that even if you ship a free demo version of your own application, the above rules apply.

Recommendations

Please note that D-Level can only give advice on which license is right for you. The final judgment, of course can be made only by a court of law. With that said, we recommend the commercial license to all commercial and government organizations. This frees you from the broad and strict requirements of the DPL license.

To all free software enthusiasts we recommend our products under the DPL license.

To anyone in doubt, we recommend the commercial license. It is never wrong. Thanks to our cost-effective way of producing software, we are able to sell our commercial licenses at prices well under the industry average.

If you have any questions on D-Level products licensing, feel free to contact us.

IMPORTANT-READ CAREFULLY:

1. This D-Level End-User License Agreement ("Agreement") is a legal agreement between you (either an individual or a legal entity) ("Licensee") and D-Level s.r.l. ("D-Level") for the D-Level software product(s) accompanying this Agreement, which include(s) computer software and may include "online" or electronic documentation, associated media, and printed materials, including the source code, example programs and the documentation ("Licensed Software"). A software license and a license key or serial number ("Software Product License"), issued to a designated user only by D-Level or its authorized agents, is required for each concurrent installation of the Licensed Software.
2. The Licensed Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Licensed Software is licensed, not sold.
3. Some of the files in the Licensed Software have been grouped into Modules. These files contain specific notices defining the Module of which they are a part. The Modules licensed to Licensee are specified in the license certificate ("License Certificate") accompanying the Licensed Software. The terms of the License Certificate are considered part of the Agreement. In the event of inconsistency or conflict between the language of this Agreement and the License Certificate, the provisions of this Agreement shall govern.
4. By installing, copying, or otherwise using the Licensed Software, Licensee agrees to be bound by the terms of this Agreement. If Licensee does not agree to the terms of this Agreement, Licensee may not install, copy, or otherwise use the Licensed Software. Licensee may, however, return it to Licensee's place of purchase within 14 days of purchase for a full refund. In addition, by installing, copying, or otherwise using any updates or other components of the Licensed Software that Licensee receives separately as part of the Licensed Software ("Updates"), Licensee agrees to be bound by any additional license terms that accompany such Updates. If Licensee does not agree to the additional license terms that accompany such Updates, Licensee may not install, copy, or otherwise use such Updates.
5. Upon Licensee's acceptance of the terms and conditions of this Agreement, D-Level grants Licensee the right to use the Licensed Software in the manner provided below.
6. GRANT OF NON-EXCLUSIVE LICENSE
   D-Level grants the non-exclusive, non-transferable right to use the Licensed Software on a single operating system per license purchased. Each additional concurrent use of the Licensed Software, or each additional operating system where the product is used, requires an additional Software Product License. This includes operating systems on which the Software Product is compiled from source code by the user.
   D-Level grants you the right to modify, alter, improve, or enhance the Licensed Software without limitation, except as described in this Agreement.
   Although rights to modification of the Licensed Software are granted by this Agreement, you may not tamper with, alter, or use the Licensed Software in a way that disables, circumvents, or otherwise defeats its built-in licensing verification and enforcement capabilities. The right to modification of the Licensed Software also does not include the right to remove or alter any trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Licensed Software.
   You may at your discretion distribute patch files containing any modifications or improvements made to the Licensed Software, other than those that are aimed at disabling or circumventing its built-in license verification capabilities, or that result in the removal or alteration of any trademark, logo, copyright, or other proprietary notice, legend, symbol or label in the Licensed Software. This right does not include the right to distribute substantial portions of the original source, where distribution rights are limited to contextual information normally existing in software patch files.
   You may at your discretion designate license terms, open source or otherwise, for all modifications or improvements made by you. D-Level has no special rights to any such modifications or improvements.
   You may make copies of the Licensed Software as reasonably necessary for its use. Each copy must reproduce all copyright and other proprietary rights notices on or in the Licensed Software.
   You may install each Software Product License on a single computer system. You may make copies of the Software Product License as necessary for backup and/or archival purposes. Backup and archival copies may not come into active use, together with the Licensed Software, for any purpose. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product License. You may not modify or create derivative copies of the Software Product License.
   All rights not expressly granted to you are retained by D-Level.
7. INTELLECTUAL PROPERTY RIGHTS RESERVED BY D-LEVEL
   The Licensed Software is owned by D-Level and is protected by Italy and international copyright laws and treaties, as well as other intellectual property laws and treaties. You must not remove or alter any copyright notices on any copies of the Licensed Software. This Licensed Software copy is licensed, not sold. You may not use, copy, or distribute the Licensed Software, except as granted by this Agreement, without written authorization from D-Level or its designated agents. Furthermore, this Agreement does not grant you any rights in connection with any trademarks or service marks of D-Level. D-Level reserves all intellectual property rights, including copyrights, and trademark rights.
8. NO RIGHT TO TRANSFER
   You may not rent, lease, lend, or in any way distribute or transfer any rights in this Agreement or the Licensed Software to third parties without D-Level's written approval, and subject to written agreement by the recipient of the terms of this Agreement.
9. INDEMNIFICATION
   You hereby agree to indemnify D-Level against and hold harmless D-Level from any claims, lawsuits or other losses that arise out of your breach of any provision of this Agreement.
10. THIRD PARTY RIGHTS
    Any software provided along with the Licensed Software that is associated with a separate license agreement is licensed to you under the terms of that license agreement. This license does not apply to those portions of the Licensed Software. Copies of these third party licenses are included in all copies of the Licensed Software.
11. LICENSEE NAME
    D-Level may include Licensee's company name in a publicly available list of D-Level customers.
12. SUPPORT SERVICES
    D-Level may provide you with support services related to the Licensed Software. Use of any such support services is governed by D-Level policies and programs described in online documentation and/or other D-Level-provided materials.
    As part of these support services, D-Level may make available bug lists, planned feature lists, and other supplemental informational materials. D-LEVEL MAKES NO WARRANTY OF ANY KIND FOR THESE MATERIALS AND ASSUMES NO LIABILITY WHATSOEVER FOR DAMAGES RESULTING FROM ANY USE OF THESE MATERIALS. FURTHERMORE, YOU MAY NOT USE ANY MATERIALS PROVIDED IN THIS WAY TO SUPPORT ANY CLAIM MADE AGAINST D-LEVEL.
    Any supplemental software code or related materials that D-Level provides to you as part of the support services, in periodic updates to the Licensed Software or otherwise, is to be considered part of the Licensed Software and is subject to the terms and conditions of this Agreement.
    With respect to any technical information you provide to D-Level as part of the support services, D-Level may use such information for its business purposes without restriction, including for product support and development. D-Level will not use such technical information in a form that personally identifies you without first obtaining your permission.
13. TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS
    D-Level may terminate the Agreement at any time immediately upon written notice by D-Level to Licensee if Licensee breaches this Agreement, fails to pay the fees for the Licensed Software, or infringes D-Level's intellectual property in or to the Licensed Software. Upon termination of the Licenses, Licensee shall return to D-Level all copies of Licensed Software that were supplied by D-Level. All other copies of Licensed Software in the possession or control of Licensee must be erased or destroyed. An officer of Licensee must promptly deliver to D-Level a written confirmation that this has occurred.
14. U.S. GOVERNMENT USE
    A "U.S. Government End User" shall mean any agency or entity of the government of the United States. The following shall apply if Licensee is a U.S. Government End User. The Licensed Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Licensed Software with only those rights set forth herein. The Licensed Software (including related documentation) is provided to U.S. Government End Users: (a) only as a commercial end item; and (b) only pursuant to this Agreement.
15. EXPORT RESTRICTIONS
    You will not download, export, or re-export the Licensed Software, any part thereof, or any software, tool, process, or service that is the direct product of the Licensed Software, to any country, person, or entity -- even to foreign units of your own company -- if such a transfer is in violation of Italy export restrictions.
16. NO WARRANTIES
    YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE "AS IS," AND D-LEVEL AND ITS THIRD PARTY SUPPLIERS AND LICENSORS MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, D-LEVEL AND ITS THIRD PARTY SUPPLIERS AND LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
17. LIMITATION OF LIABILITY
    THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL D-LEVEL OR ITS THIRD PARTY SUPPLIERS AND LICENSORS BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS Agreement OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF D-LEVEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, D-LEVEL'S, AND ITS THIRD PARTY SUPPLIERS' AND LICENSORS', ENTIRE LIABILITY ARISING OUT OF THIS Agreement SHALL BE LIMITED TO THE LESSER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR THE PRODUCT LIST PRICE; PROVIDED, HOWEVER, THAT IF YOU HAVE ENTERED INTO A D-LEVEL SUPPORT SERVICES AGREEMENT, D-LEVEL'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.
18. HIGH RISK ACTIVITIES
    The Licensed Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Licensed Software, or any software, tool, process, or service that was developed using the Licensed Software, could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, D-Level and its suppliers and licensors specifically disclaim any express or implied warranty of fitness for High Risk Activities. You agree that D-Level and its suppliers and licensors will not be liable for any claims or damages arising from the use of the Licensed Software, or any software, tool, process, or service that was developed using the Licensed Software, in such applications.
19. GOVERNING LAW; ENTIRE AGREEMENT ; DISPUTE RESOLUTION
    This Agreement is governed by the laws of Italy, excluding the application of any conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
    This Agreement is the entire agreement between D-Level and you, and supersedes any other communications or advertising with respect to the Licensed Software; this Agreement may be modified only by written agreement signed by authorized representatives of you and D-Level.
    Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in the Udine City Court with the losing party paying all costs of arbitration. If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.
20. GENERAL
    If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
    A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
21. OUTSIDE ITALY
    If you are located outside Italy, then the provisions of this Section shall apply. The parties confirm that this Agreement and all related documentation is and will be in the English language. You are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Licensed Software, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.
22. TRADEMARKS
    The following are trademarks or registered trademarks of D-Level: D-Level, IceBridge, the devil logo, the ice bridge logo, Devil Framework.
23. CONTACT INFORMATION
    If you have any questions about this Agreement, or if you want to contact D-Level for any reason, please direct all correspondence to:
    
    D-Level s.r.l. ,
    via Cavour n. 78,
    33050 Rivignano (UD),
    Email:info@dlevel.com