Software End User License Agreement
This Software End User License Agreement ("Agreement") is made and entered into as of June 1, 2024 ("Effective Date") by and between Webb Diverse Management LLC, a registered company having its principal place of business at 122 E Carl Albert Pkwy Suite D, United States ("Licensor"), and the party downloading and using the software ("End User").
WHEREAS, Licensor owns certain software that it desires to license to End User;
WHEREAS, End User desires to use such software under the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
- Definition of Software: The term "Software" refers to the Webb Security Audit, including any updates, modifications, or associated documentation provided by Licensor.
- Grant of License: Subject to the terms and conditions of this Agreement, Licensor hereby grants to End User a limited, non-exclusive, non-transferable license to use the Software.
- Derivative Works: No modifications or derivative works are allowed.
- Commercial Use: Commercial use is limited to the use of the compiled application as provided.
- Attribution: No attribution is required.
- Intellectual Property Rights: All intellectual property rights in the Software shall remain the property of Licensor. End User does not acquire any rights to the Software except for the limited use rights specified in this Agreement.
- Warranty and Liability: The Software is provided "as is" without warranty of any kind. Licensor shall not be liable for any damages arising out of or related to the use or inability to use the Software.
- Termination: This Agreement shall terminate automatically if End User breaches any of its terms and conditions. Upon termination, End User must cease all use of the Software and destroy all copies. In addition to termination, any misuse of this software, including malicious forks, will make the perpetrating party liable for $250,000 in damages to Webb Diverse Management LLC.
- Distribution and Modification: End User may not distribute, modify, or create derivative works of the Software. If the End User makes modifications or derivative works, they must be for personal use only and not distributed in any form.
- Use of Software on Network Servers: If the Software is used on network servers, End User must provide access to the source code of any modified versions to the users of the network server. This ensures that the public has access to the source code of the modified version.
- Conveying Source and Object Code: If End User conveys the Software in object code form, they must also provide the source code. This includes making the source code available on a network server or providing a written offer to supply the source code.
- Anti-Circumvention: No part of the Software shall be used as an effective technological measure to restrict circumvention of such measures under any applicable law.
- Acceptance Not Required for Having Copies: End User is not required to accept this Agreement in order to receive or run a copy of the Software. However, by modifying or propagating the Software, End User indicates acceptance of this Agreement.
- Patents: Licensor grants End User a non-exclusive, worldwide, royalty-free patent license to use the Software. This license covers making, using, selling, offering for sale, and importing the Software.
- No Surrender of Rights: If conditions are imposed on End User that contradict the conditions of this Agreement, End User may not convey the Software at all. For example, if End User agrees to terms that require collecting a royalty for further conveying the Software, they must refrain entirely from conveying the Software.
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the United States.
- Disclaimer of Warranty: THERE IS NO WARRANTY FOR THE SOFTWARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE SOFTWARE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH THE END USER. SHOULD THE SOFTWARE PROVE DEFECTIVE, THE END USER ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
- Limitation of Liability: IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE SOFTWARE AS PERMITTED ABOVE, BE LIABLE TO THE END USER FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY THE END USER OR THIRD PARTIES OR A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN WITNESS WHEREOF, the parties have executed this Software End User License Agreement as of the Effective Date by downloading and using the Software.
Licensor: Webb Diverse Management LLC
End User: Party downloading and using this software