Advexp.Settings Commercial License Agreement

DRAFT — preview, not yet in force. This is the license under which the commercial Advexp.Settings plugins will be distributed. It is published for information while the plugins are in development and may change before the first release; the binding version accompanies your order.

Version 1.0. Effective as of the date of the Order Confirmation.

This Agreement governs Your use of the commercial software packages identified in the Order Confirmation — advexp-settings-cloud and/or advexp-settings-pro (the “Software”) — distributed by Alexey Ivakin (“Licensor”). By installing, copying, or otherwise using the Software, You accept this Agreement. If You do not agree, do not install or use the Software.

1. Definitions

“Software” means the Python distribution packages identified in the Order Confirmation, together with their source code, built forms, and documentation.

“You” / “Your” means the individual or organization named in the Order Confirmation.

“Order Confirmation” means the purchase record (invoice or receipt) issued by the Licensor’s payment provider, which states the licensed scope.

“Affiliate” means any entity that controls, is controlled by, or is under common control with You.

“Distribution Channel” means the private package index through which the Licensor makes the Software available to You.

2. License Grant

Subject to the terms of this Agreement and the scope stated in the Order Confirmation, the Licensor grants You a non-exclusive, worldwide, perpetual, non-transferable license to:

(a) install and use the Software for Your internal business or personal purposes, including production use in products and services You develop; (b) make backup copies of the Software; (c) modify the Software and create derivative works of it, solely for Your own use under this Agreement.

This license extends to Your Affiliates if and to the extent stated in the Order Confirmation.

3. Restrictions

Except as expressly permitted by the licenses of Third-Party Components (Section 6), You shall not:

(a) distribute, sublicense, sell, rent, lease, lend, or otherwise provide the Software or any derivative work to any third party; (b) publish or make the Software available, in source or built form, on any public or shared channel, including public package indexes (e.g. PyPI), public code repositories, mirrors, or file-sharing services; (c) remove, alter, or obscure any copyright, trademark, or attribution notice in the Software.

4. Ownership

The Software is owned by the Licensor and is protected by copyright and other intellectual property laws. This Agreement grants You a license to use the Software, not a transfer of ownership. The Licensor reserves all rights not expressly granted to You. No trademark rights are granted.

5. Updates and Support

You may download and use updates and new versions of the Software while Your access to the Distribution Channel is active. Versions of the Software obtained during an active access period may be used perpetually under this Agreement. Support services, if and when offered, are provided as described on the Licensor’s product page for the offering You purchased.

6. Third-Party Components

The Software may include third-party open-source components identified in the accompanying NOTICE file. Those components remain licensed under their own terms, and nothing in this Agreement limits any rights those licenses grant You.

7. No Warranty

Unless required by applicable law, the Licensor provides the Software “as is”, without warranties of any kind, express, implied, or statutory, including without limitation any warranties of merchantability, fitness for a particular purpose, title, non-infringement, or accuracy.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event and under no legal theory, whether tort, contract, or otherwise, shall the Licensor be liable to You for any direct, indirect, special, incidental, or consequential damages of any character arising out of this Agreement or the use of the Software, including damages for loss of goodwill, work stoppage, computer failure or malfunction, or any commercial damages or losses, even if the Licensor has been advised of the possibility of such damages. The Licensor’s total aggregate liability under this Agreement shall not exceed the fees You paid for the Software in the twelve (12) months preceding the claim.

9. Term and Termination

This Agreement is effective for as long as You use the Software. It terminates automatically if You fail to comply with any of its terms. Upon termination, You must cease all use of the Software and destroy all copies in Your possession or control. Sections 4, 7, and 8 survive termination.

10. General

This Agreement is the entire agreement between the parties regarding the Software and supersedes any prior or contemporaneous understandings. If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain in effect. No waiver of any breach is a waiver of any subsequent breach. You may not assign this Agreement without the Licensor’s written consent. This Agreement is governed by the law of [GOVERNING_LAW], without regard to its conflict-of-law rules. The English text of this Agreement prevails over any translation.

Contact: components@advexp.net