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Warky
2024-10-15 21:29:21 +02:00
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Copyright (c) 2024 Warky Devs Pty Ltd. All rights reserved.
# Proprietary Software License Agreement
The code and materials in this repository are the exclusive property of Warky Devs Pty Ltd and are protected by copyright law. Please refer to the license details below.
Copyright © 2024 Warky Devs Pty Ltd and its affiliates, and Vivarox EMS. All rights reserved.
## MIT License with No-Use Clause
This Proprietary Software License Agreement (the "Agreement") is entered into by and between Warky Devs Pty Ltd and its affiliates, and Vivarox EMS (collectively, the "Licensors"), and the party granted access to the Software (the "Licensee").
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to use the Software for non-commercial purposes only and under the following conditions:
## 1. Definitions
1. You must obtain explicit permission from the original author or copyright holder before using the Software for any purpose, including but not limited to commercial use.
"Software" means the proprietary software developed by Licensors, including all source code, object code, documentation, and any related materials.
2. Redistributions of the Software, with or without modification, are permitted for non-commercial purposes only, provided that the above conditions are met.
"Authorized Users" means employees or contractors of the Licensee who have been granted access to the Software by the Licensors.
3. You may not use the Software in any way that violates the laws and regulations of the jurisdiction in which you operate.
## 2. License Grant
4. You may not use the names, trademarks, service marks, or any other identifiers of the original author or copyright holder to endorse or promote products derived from the Software without specific prior written permission.
Subject to the terms and conditions of this Agreement, Licensors grant Licensee a non-exclusive, non-transferable, revocable license to use the Software solely for internal business purposes.
5. Any derivative works created using the Software must not be used for commercial purposes without obtaining explicit permission from the original author or copyright holder.
## 3. Ownership and Restrictions
6. Redistributions of the Software, with or without modification, must not imply endorsement of any kind by the original author or copyright holder.
3.1 Ownership: Licensors retain all right, title, and interest in and to the Software, including all intellectual property rights therein. Warky Devs Pty Ltd and its affiliates, and Vivarox EMS jointly own the rights to the Software.
7. 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. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES, OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT, OR OTHERWISE, ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
3.2 Restrictions: Licensee shall not, and shall not permit any third party to:
a) Copy, modify, adapt, translate, or create derivative works of the Software;
b) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software;
c) Distribute, sublicense, lease, rent, loan, or otherwise transfer the Software to any third party;
d) Remove, alter, or obscure any proprietary notices on the Software;
e) Use the Software for any purpose other than as expressly authorized in this Agreement.
8. You are granted permission to view and review the code for the purpose of understanding and collaborating with Warky Devs Pty Ltd. However, no other rights, expressed or implied, are provided for the use of this code without explicit written permission from Warky Devs Pty Ltd.
## 4. Confidentiality
9. AI Scanning and Scraping Prohibition:
This code is not licensed or intended for use in any AI scanning, automated data extraction, web scraping, or similar activities without prior written consent from Warky Devs Pty Ltd. Unauthorized use of AI or scraping technologies to access, extract, or analyze the contents of this code is strictly prohibited.
Licensee acknowledges that the Software contains valuable trade secrets and confidential information of Licensors. Licensee agrees to maintain the confidentiality of the Software and to use at least the same degree of care to prevent unauthorized disclosure as it uses to protect its own confidential information.
This license applies to the original Software and any derivative works, and it extends to any person who receives the Software from you.
## 5. Development Acknowledgment
For inquiries regarding licensing, use, or other questions, please contact Warky Devs Pty Ltd.
Licensee acknowledges that development of the Software was done collaboratively by Warky Devs Pty Ltd and Vivarox EMS.
## 6. Termination
This Agreement may be terminated by Licensors at any time upon written notice. Upon termination, Licensee shall immediately cease all use of the Software and destroy all copies in its possession.
## 7. Disclaimer of Warranty
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
## 8. Limitation of Liability
IN NO EVENT SHALL LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE SOFTWARE.
## 9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions.
## 10. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, or representations, whether oral or written.
By accessing or using the Software, Licensee acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions.