Marymoor Studios Software License

Version: 2025-01-06
Revision: 1a
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1. Introduction

This Software License ("License") is a legal agreement between you (either an individual or a single entity) and Marymoor Studios LLC, a Washington Limited Liability Company ("Licensor") for the use of the Marymoor Studios Libraries ("Software"). This License governs your use of the Software provided by the Licensor. By downloading, installing, or using the Software, you agree to be bound by the terms of this License.

2. Contact and Pricing

Explore license purchase options at the Marymoor Studios Online Store. Or, contact Marymoor Studios, LLC at info@marymoorstudios.com for any questions about this License Agreement or to inquire about additional pricing or purchase options.

3. License Types

Licensor offers the following two license types. Your invoice will reflect the type and expiration of the license you have purchased from Licensor.

1. Non-Commercial Use
   The Licensor grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited, worldwide (except as prevented by US law) license to download, install, and use the Software solely for one person for non-commercial purposes strictly in accordance with the terms of this License.

2. Commercial Use
   The Licensor grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited, worldwide (except as prevented by US law) license to download, install, and use the Software for one person for the development of application(s) for commercial purposes strictly in accordance with the terms of this License and for the duration indicated on your invoice (see below).

4. Runtime

The Software has two roles: as development libraries and as runtime components. This License applies to both roles.

1. Development Libraries:
   As development libraries ("Libraries") include all uses during the development and testing of your application(s).

2. Runtime Components:
   As runtime redistributable components ("Runtime") when shipped in binary form with your application(s) to provide for the Software�s functionality within your application(s) at runtime.

5. License Duration

For Commercial Use licenses, your invoice will reflect the expiration date ("Expiration") of the license you have purchased. This License grants you the rights described herein for the use of the Libraries in the development of your application(s) through the Expiration indicated on your invoice. After the Expiration you will either need to (1) purchase a new License ("Renewal") or (2) uninstall and cease use of the Software (including on Build Devices, see below).

The Expiration does not apply to Runtime components already shipped in released versions of your application(s) at the time of Expiration. This License provides a perpetual, irrevocable, non-exclusive, non-transferable, non-sublicensable, limited license to redistribute the Runtime in versions of your application(s) already released at the time of Expiration. All other terms and conditions in this License continue to apply to the Runtime components even after Expiration. New releases of your application(s) after Expiration will require a Renewal.

6. Use Rights

This License grants you the right to:

• Use the Software for the development and testing of your application(s).
• One person (developer) per license. A separate license MUST be purchased for each person (developer) who installs or uses the Software.
• Redistribute your application(s) by including the Runtime components. No additional fees are due for redistributing the Runtime components with your application(s).

7. Limitations on Use

This License does not grant you the right to, and you may not:

• Disassemble, decompile, decrypt, hack, emulate, exploit, port to another language/environment, or reverse engineer the Software, except and only to the extent that the applicable copyright law expressly permits doing so, or it is expressly provided for in this License.
• Use the Software to develop an application, library, or service whose functionality consists entirely or substantially of the Software.
• Use the Software to create or distribute any malicious software or for any unlawful purpose.

8. Software Versions

This License grants rights to all versions of the Software released "under a License with the same major License-version (including all License-revisions)" as long as that Software version is released on or before the Expiration date as indicated on your invoice.

Licensor reserves the right to release subsequent versions of the Software under new or different license terms. Such different license terms will have a distinct License-version (as provided for at the top of this document). New versions of the Software with different license terms will clearly indicate which License-version applies.

9. Build Devices

You may copy and install components from the Software to your build devices, including physical devices and virtual machines or containers on those machines, whether on-premises or remote machines that are owned by you, hosted in the Cloud for you, or dedicated solely to your use ("Build Devices"). You and others in your organization may use these components on your Build Devices solely to compile, build, and verify application(s) developed using the Software, or run quality or performance tests of those application(s) as part of the build process.

10. Ownership

The Software is licensed, not sold, and Licensor reserves all rights to the Software not expressly granted by Licensor, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not: publish, copy, rent, lease, sell, export, import, distribute the Software, unless expressly authorized by Licensor.

All intellectual property rights in the Software and user documentation are owned by Licensor and are protected by law, including but not limited to United States copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. You shall not remove any product identification, copyright notices, or proprietary restrictions from the Software.

11. Consent to Use of Data

You agree that Licensor may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Software. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

12. Termination

Licensor may terminate this License at any time if you fail to comply with any term(s) of this agreement. Upon termination, you must cease all use of the Software and destroy all copies, full or partial, of the Software (including on Build Devices).

13. Changes

The Licensor reserves the right, at its sole discretion, to modify or replace this License at any time. If a revision is material, Licensor will publish the new revisions at least 30 days prior to any new terms taking effect. By continuing to use the Software after those revisions become effective, you agree to be bound by the revised terms.

14. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES, DUTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES: (A) OF FITNESS FOR A PARTICULAR PURPOSE; (B) OF MERCHANTABILITY; (C) OF TITLE, (D) OF NONINFRINGEMENT, (E) OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in its entirety.

15. Limitations of Liability

Subject to local law, notwithstanding any damages that you might incur, the entire liability of Licensor and any of its suppliers under any provision of this License and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you separately for the Software or U.S. $5.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR (A) ANY LOSS OF PROFITS, BUSINESS, REVENUE, ANTICIPATED SAVINGS, GOODWILL, DATA, OR CONTRACTS, (B) ANY TYPE OF SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, (C) BUSINESS INTERRUPTION, (D) PERSONAL INJURY, OR (E) LOSS OF PRIVACY, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS LICENSE, EVEN IF LICESOR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states/jurisdictions do not allow the exclusion or limitation of incidental, consequential, product liability, or certain direct damages, so the above limitation or exclusion may not apply to you.

16. Applicable Law

This License is governed by the laws of the State of Washington, United States of America.

17. Entire Agreement

This License is the entire agreement between you and Licensor relating to the Software, and this License supersedes all prior communications, proposals, and representations with respect to the Software. Should any term, condition or provision of this License be held invalid or unenforceable as to any party or circumstance, such a ruling shall not affect the validity and enforceability of the remaining terms, conditions, and provisions of this License.