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| 1 | +End User License Agreement |
| 2 | + |
| 3 | +This Open Source Maintenance Fee Agreement ("Agreement") is a legal agreement |
| 4 | +between you ("User") and Devlooped ("Project") for the use of |
| 5 | +$product$ ("Software"), an open source software project licensed under |
| 6 | +the MIT License ("OSI License"), an OSI-approved open source license. |
| 7 | +Project offers a Binary Release of the Software to Users in exchange for a |
| 8 | +maintenance fee ("Fee"). "Binary Release" refers to pre-compiled executable |
| 9 | +versions of the Software provided by Project. By accessing or using the |
| 10 | +Binary Release, User agrees to be bound by the terms of this Agreement. |
| 11 | + |
| 12 | +1. Applicability |
| 13 | + |
| 14 | +Project agrees to provide User with the Binary Release in exchange for the |
| 15 | +Fees outlined in Section 2, subject to the terms of this Agreement. The Fee |
| 16 | +applies only to Users that generate revenue by the Software. |
| 17 | +Non-revenue-generating use of the Software is exempt from this Fee. In |
| 18 | +addition, Users who pay separate support and/or maintenance fees to the |
| 19 | +maintainers of the Software are exempt from the Fee outlined in this |
| 20 | +Agreement. This distinction ensures that duplicate fees are not imposed, |
| 21 | +promoting fairness and consistency while respecting alternative support |
| 22 | +arrangements. |
| 23 | + |
| 24 | +2. Monthly Fee and Payment Terms |
| 25 | + |
| 26 | +Revenue-generating Users required to pay the Fee shall follow the payment |
| 27 | +terms set forth by the Project. Failure to comply with these terms may result |
| 28 | +in suspending access to the Binary Release. However, this does not restrict |
| 29 | +the User from obtaining or redistributing binaries from other sources or |
| 30 | +self-compiling them. |
| 31 | + |
| 32 | +3. Nature of the Fee |
| 33 | + |
| 34 | +The Fee is not a license fee. The Software's source code is licensed to User |
| 35 | +under the OSI License and remains freely distributable under the terms of the |
| 36 | +OSI License and any applicable open-source licenses. |
| 37 | + |
| 38 | +4. Conflicts with OSI License |
| 39 | + |
| 40 | +To the extent any term of this Agreement conflicts with User's rights |
| 41 | +under the OSI License regarding the Software, the OSI License shall govern. |
| 42 | +This Agreement applies only to the Binary Release and does not limit User's |
| 43 | +ability to access, modify, or distribute the Software's source code or |
| 44 | +self-compiled binaries. User may independently compile binaries from the |
| 45 | +Software's source code without this Agreement, subject to OSI License terms. |
| 46 | +User may redistribute the Binary Release received under this Agreement, |
| 47 | +provided such redistribution complies with the OSI License (e.g., including |
| 48 | +copyright and permission notices). This Agreement imposes no additional |
| 49 | +restrictions on such rights. |
| 50 | + |
| 51 | +5. Disclaimer of Warranty and Limitation of Liability |
| 52 | + |
| 53 | +THE SOFTWARE AND BINARY RELEASE ARE PROVIDED BY THE PROJECT "AS IS" AND ANY |
| 54 | +EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED |
| 55 | +WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE |
| 56 | +DISCLAIMED. IN NO EVENT SHALL THE PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR |
| 57 | +ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL |
| 58 | +DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR |
| 59 | +SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER |
| 60 | +CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, |
| 61 | +OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE |
| 62 | +OF THE SOFTWARE AND BINARY RELEASE, EVEN IF ADVISED OF THE POSSIBILITY OF |
| 63 | +SUCH DAMAGE. |
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