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