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PROPRIETARY SOFTWARE LICENSE AGREEMENT
Copyright (c) 2026 James Brotosky. All rights reserved.
This software, including all source code, compiled binaries, documentation,
assets, and associated files (collectively, the "Software"), is the exclusive
property of James Brotosky ("Licensor").
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, THE LICENSEE
ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS OF THIS AGREEMENT. IF THE LICENSEE DOES NOT AGREE TO
THESE TERMS, THEY MUST NOT INSTALL OR USE THE SOFTWARE AND MUST PROMPTLY
DELETE ALL COPIES IN THEIR POSSESSION.
1. OWNERSHIP
All intellectual property rights in the Software, including but not limited
to copyright, trade secrets, and any related patents, are and shall remain
the sole and exclusive property of the Licensor. No transfer of ownership
is granted by this license.
2. GRANT OF LICENSE
The Licensor grants to the authorized end-user organization ("Licensee")
a limited, non-exclusive, non-transferable, non-sublicensable, revocable
license to use the compiled Software solely for its intended purpose within
the Licensee's organization, subject to the terms of any separate service
agreement between the Licensee and the Licensor.
3. RESTRICTIONS
The Licensee shall not, without the prior written consent of the Licensor:
a. Copy, modify, adapt, translate, or create derivative works of the Software;
b. Distribute, sublicense, lease, rent, sell, or otherwise transfer the
Software to any third party;
c. Remove, alter, or obscure any proprietary notices, labels, or marks on
the Software;
d. Use the Software for any purpose other than its intended function as
specified by the Licensor.
4. NO WARRANTY
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE LICENSOR DOES
NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED.
5. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS,
REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THE USE OF OR
INABILITY TO USE THE SOFTWARE, REGARDLESS OF THE THEORY OF LIABILITY,
EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LICENSOR'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO
THIS LICENSE SHALL NOT EXCEED THE FEES PAID BY THE LICENSEE FOR THE
SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
6. TERMINATION
This license is effective until terminated. The Licensor may terminate this
license at any time if the Licensee breaches any term of this agreement.
Upon termination, the Licensee shall immediately cease all use of the
Software and destroy all copies in its possession.
7. THIRD-PARTY COMPONENTS
The Software may incorporate open-source components subject to their own
license terms. A list of such components and their licenses is available
upon request. Nothing in this license restricts any rights granted under
applicable open-source licenses.
8. GOVERNING LAW
This agreement shall be governed by and construed in accordance with the
laws of the State of West Virginia, without regard to its conflict of law
provisions.
9. ENTIRE AGREEMENT
This license constitutes the entire agreement between the parties with
respect to the Software and supersedes all prior or contemporaneous
understandings regarding such subject matter, except where a separate
service agreement exists between the Licensee and the Licensor, in which
case the terms of that agreement shall take precedence where they conflict.
For licensing inquiries: james.brotosky@racooncity.org