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Crash Works 3D Software License Agreement

Copyright (c) 2024 Crash Works

Preamble:

This Custom Software License Agreement ("Agreement") is a legal agreement between you ("Licensee") and Crash Works 3D ("Licensor") for the use of the software code and associated documentation ("Work"). By using the Work, Licensee agrees to be bound by the terms and conditions of this Agreement. If Licensee does not agree to the terms, they must not use or access the Work.

1. Definitions:

  • "Work": Refers to the software code, documentation, and any other materials provided by Licensor.
  • "Licensee": The individual or entity who has been granted a license to use the Work under the terms of this Agreement.
  • "Commercial Use": Any use of the Work that directly or indirectly derives financial benefit or is intended for commercial advantage.
  • "Distribute": To transfer, share, sublicense, or make the Work available to any third party by any means, including but not limited to, posting online, sharing via peer-to-peer networks, or including it in other software distributions.

2. Grant of License:

Licensor grants Licensee a non-exclusive, non-transferable, revocable, and limited license to use the Work for personal, non-commercial purposes only, subject to the terms and conditions of this Agreement.

3. Restrictions:

3.1 Prohibition on Commercial Use:

  • The Work may not be used for Commercial Use without obtaining explicit prior written consent from the Licensor. This includes, but is not limited to, using the Work in any product or service offered for sale, using the Work in a manner that generates revenue, or incorporating the Work into any commercial product.

3.2 Prohibition on Distribution:

  • Licensee is expressly prohibited from distributing, sharing, or otherwise transferring the Work to any third party. This includes but is not limited to, posting the Work online, sharing it via any electronic means, or including it in any publicly accessible repositories.
  • Licensee shall take all reasonable steps to ensure that the Work remains confidential and is not disclosed to unauthorized third parties.

3.3 Modification and Derivative Works:

  • Licensee may modify the Work solely for personal use. However, Licensee may not distribute, sublicense, or disclose the modified Work or any derivative works to any third party without prior written consent from Licensor.
  • All modifications and derivative works shall remain the exclusive property of Licensor, and Licensee hereby assigns all rights, title, and interest in such modifications and derivative works to Licensor.

3.4 Reverse Engineering and Decompilation:

  • Licensee is prohibited from reverse engineering, decompiling, or disassembling the Work, except to the extent such activity is expressly permitted by applicable law notwithstanding this limitation.

3.5 Use in Unauthorized Contexts:

  • Licensee may not use the Work in any context that Licensor deems inappropriate, including but not limited to, any illegal activities, any applications involving sensitive or critical systems, or any situations that could harm the reputation of Licensor.

4. Attribution:

  • If Licensee references the Work in any public forum or publication, they must give appropriate credit to Licensor, including but not limited to mentioning the name "Crash Works 3D" and providing a link to Licensor's official website or other designated platform.

5. Confidentiality:

  • Licensee agrees to maintain the confidentiality of the Work and all related proprietary information. Licensee shall not disclose the Work or any part thereof to any third party without the express written consent of Licensor.

6. Termination:

  • This Agreement and the license granted herein will automatically terminate if Licensee breaches any of the terms and conditions. Upon termination, Licensee must immediately cease all use of the Work and destroy all copies of the Work in their possession.
  • Licensor reserves the right to terminate this Agreement at any time, for any reason, with or without notice. Upon termination, the Licensee’s rights to use the Work shall cease immediately.

7. Ownership and Intellectual Property:

  • The Work and all copies thereof are the intellectual property of Licensor. All rights not expressly granted in this Agreement are reserved by Licensor.
  • Licensee acknowledges that the Work contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

8. Disclaimer of Warranties:

  • The Work 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 non-infringement. Licensor does not warrant that the Work will be error-free or that its use will be uninterrupted.

9. Limitation of Liability:

  • In no event shall Licensor be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) arising out of the use or inability to use the Work, even if Licensor has been advised of the possibility of such damages.

10. Governing Law:

  • This Agreement shall be governed by and construed in accordance with the laws of State of Colorado, USA, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement will be brought exclusively in the courts of [Your Jurisdiction].

11. Miscellaneous:

  • Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
  • Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous understandings regarding its subject matter.
  • Amendments: No amendment or modification of this Agreement shall be binding unless in writing and signed by Licensor.