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LICENSE
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Open Source Non-Commercial Software License Agreement Oct 18 2023
This Open Source Non-Commercial Software License Agreement (the "Agreement") is entered into by and between [Your Name or Entity] (the "Author") and any individual or entity (the "Licensee") seeking to use, modify, or distribute the software code publicly posted on GitHub under this Agreement (the "Software").
Recitals
The Author is the owner and developer of the Software, which has been publicly posted on GitHub and is available for use by the public.
The Author wishes to allow non-commercial use of the Software while reserving certain rights for commercial use.
The Licensee desires to use, modify, and/or distribute the Software under the terms and conditions set forth in this Agreement.
License Grant
Non-Commercial Use: The Author grants the Licensee a worldwide, non-exclusive, royalty-free, and perpetual license to use, copy, modify, and distribute the Software solely for non-commercial purposes, subject to the terms and conditions of this Agreement.
Commercial Use: If the Licensee wishes to use the Software for commercial purposes, including but not limited to selling, licensing, or incorporating the Software into a product or service offered for profit, the Licensee must obtain a separate commercial license from the Author. Commercial use includes any use that results in direct or indirect financial gain.
Commercial License Application
The Licensee shall contact the Author as listed on github to discuss the terms, conditions, and fees associated with obtaining a commercial license. The Author may, at their sole discretion, grant or deny such a license based on the Licensee's intended commercial use.
The Author and Licensee will mutually define the specific terms of the commercial license, including but not limited to fees, usage restrictions, and any additional obligations.
Enforcement and Remedies
Compliance Monitoring: The Author reserves the right to monitor the use and distribution of the Software to ensure compliance with this Agreement.
Remedies for Non-Compliance: In the event of a violation of this Agreement, the Author may, at their sole discretion, take any or all of the following actions:
Termination: Terminate the Licensee's rights under this Agreement.
Injunction: Seek injunctive relief to prevent further violations.
Damages: Pursue legal action to recover damages resulting from the violation.
License Revocation: Revoke any commercial licenses previously granted to the Licensee.
General Provisions
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction].
Entire Agreement: This Agreement constitutes the entire agreement between the Author and the Licensee concerning the Software and supersedes any prior agreements or understandings, whether oral or written.
Amendment: This Agreement may only be amended in writing and signed by both parties.
Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Waiver: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of that provision or the right to enforce it.
By using, copying, modifying, or distributing the Software, the Licensee acknowledges that they have read and agree to be bound by the terms and conditions of this Agreement.