3.8 KiB
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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