This General License Agreement (the "Agreement") is a legal document detailing your rights and obligations related to the use of my proprietary computer software work (the "Work").
By downloading or using this Work, you agree to be bound by the terms of this Agreement, and this Agreement will be effective upon the first of those events to occur.
If you do not or cannot agree to the terms of this Agreement, do not use this Work.
"I", "me", or "my" refers to Ilya Lakhin (Илья Александрович Лахин in Russian), the exclusive copyright holder of the Work responsible for providing this Work to you under the terms of this Agreement.
"You" or "your" refers to an individual or a legal entity exercising permissions granted by this Agreement.
This Agreement licenses the work called "Lady Deirdre", a computer software technology made for the development of programming languages source code analysis, compilation, translation, and interpretation software. This technology has a number of applications, including (but not limited to) the development of programming language compilers, script language interpreters, live coding systems, source code editors software, extensions for third-party integrated development environments, and code editors.
The Work comprises a set of source code files, documentation files, example files, compilation scripts, and related content files. Collectively, these components constitute a suite of software tools and compilable modules with application programming interfaces (APIs) intended for integration into third-party software products.
The Work was created and published worldwide by me through the GitHub public repository in 2022:
https://github.com/Eliah-Lakhin/lady-deirdre
The Work licensed to you under this Agreement includes the aforementioned published files that are copied to your computer, any future updates and upgrades to this Work made available to you by me, and any versions of any of the foregoing that you create under the Agreement.
As long as you comply with this Agreement and applicable law, you are granted the right to use the Work privately for any non-commercial purpose. This includes, for example, using the Work to explore the Lady Deirdre software infrastructure, or for personal, educational, training, or research purposes.
"Private use" refers to personal, individual use of the Work in a manner that does not involve sharing the Work, any portion of it, or any products derived from it with any third party. This restriction includes prohibiting the distribution, sublicensing, or otherwise making the Work available to third parties.
Personal use does not authorize the creation of derivative works intended for distribution or public display. Any modifications or contributions must comply with the "Contributions" section of this Agreement.
For the purpose of contributing to the Work, this Agreement grants you the right to create derivative works based on the Work, provided that you agree to grant me an exclusive license to your derivative works, subject to the following terms:
- Definition: A "Derivative Work" means any work based on the Work or one or more preexisting works, such as a revision, modification, translation, abridgment, condensation, expansion, collection, compilation, or any other form in which the Work may be recast, transformed, or adapted. A work that includes editorial revisions, annotations, elaborations, or other modifications that, as a whole, represent an original work of authorship, is considered a "Derivative Work".
- Exceptions: For the purposes of this Agreement, third-party works that remain separable from the Work, that interact with the Work only through its application programming interfaces (APIs), and that do not involve copying, distributing, displaying, or selling the Work or any part of it in source form, shall not be considered a "Derivative Work".
- Grant of Exclusive License: Without any additional terms or conditions other than those set forth in this Agreement, you hereby grant to Ilya Lakhin (Илья Александрович Лахин) a fully-paid exclusive, irrevocable, perpetual, sublicensable, and transferable worldwide license to any Derivative Work made by you, to use, reproduce, distribute, publicly display, publicly perform, create derivative works based on, modify, sell, offer to sell, and otherwise exploit your Derivative Work for all current and future methods and forms of exploitation, in any jurisdiction.
- Warranties: You represent and warrant that you have sufficient rights, including intellectual property rights, moral rights, and other personal rights in the Derivative Work, to grant me the rights described above. If any of the rights to be licensed to me cannot be licensed under applicable law, you hereby waive such rights and agree not to assert them.
- Examples: If you fork my public GitHub repository to modify the Work or submit a pull request to my GitHub repository with changes to the Work, you grant me an exclusive license to those changes. However, if you develop independent software that interacts with the Work solely through its APIs and without modifying the Work itself, this independent software is not considered a Derivative Work.
By contributing to this Work, you acknowledge and agree to these terms.
You are permitted to distribute and display the Work in its entirety (i.e., not in parts) and without modifications to third parties who are legally entitled to receive copies of the Work, provided that such distribution and display are free of charge to me, free of charge to third parties, and do not impose any additional liability on me with respect to third parties.
When distributing and displaying the Work to third parties, you must ensure that the third parties also receive the full text of this Agreement or a link to this Agreement on GitHub:
https://github.com/Eliah-Lakhin/lady-deirdre/blob/master/EULA.md
For example, GitHub or any other digital content distribution service that I use to publish this Work, or any updates and upgrades to the Work, also receives the right under this Agreement to distribute and display the Work without modifications to their users.
This Agreement defines the terms and conditions for two types of non-exclusive, non-transferable, and non-sublicensable worldwide licenses governing the use of the Work for the purpose of developing Products (the "Product Licenses"):
- Basic Commercial License: Automatically granted under this Agreement for non-commercial and limited commercial use of the Work.
- Full Commercial License: Available for separate acquisition and grants the right for full commercial use of the Work.
Product: A "Product" is defined as any software product, service, API extension, or any other project that incorporates the Work in source or compiled form, or links to the Work through its application programming interfaces (APIs).
The specific terms and conditions governing each type of license are set forth in the respective sections below.
The Product Licenses are subject to the following general restrictions:
- Permitted Use: You may not distribute, sublicense, or otherwise make the Work available to third parties in compiled or executable form as part of any of your Products, except as expressly permitted by this Agreement.
- Use Without Modifications: You may only use the Work in your Products without modifying the source code files or related materials. Any modifications to the Work are governed by the "Contributions" section of this Agreement.
- Use in Entirety: You may not include or incorporate the Work into your Products in parts, regardless of whether your Product uses only a subset of the Work. The Work must be included in its entirety or linked through a digital content distribution network to the Product as a whole without modifications.
- Limited Liability: You may not extend or transfer any liability related to the Work to third parties under this Agreement.
This section provides clarifications regarding specific but not mutually exclusive scenarios for using the Work in Products:
- Combined Compilation: You are permitted to compile the Work with any other code or content into a single combined executable of the Product.
- Products in Source Form: You are permitted to develop Products intended for distribution in source code form, provided that the terms of distribution and use of the Product in source code form do not include the Work. Users of the Product distributed in source code form must obtain a separate license for the Work from me, independent of the Product's terms governing the distribution and use of the Product.
As between you and me, you own all rights in the Products you develop under the permissions granted by the Product Licenses, other than the rights in the Work.
As long as you comply with the terms of using the Work in the Product without modifications, such Product is exempt from the requirement of providing an exclusive license to me as set forth in the "Contributions" section of this Agreement.
I hereby grant you a non-exclusive, non-transferable, and non-sublicensable worldwide license to use the Work for the development of your Products, subject to the commercial limitations specified herein.
This license applies separately to each of your Products and does not limit the number of Products you may develop using the Work.
Commercial-Limited Use: "Commercial-limited use" is defined as use wherein the total gross revenue directly generated by your Product worldwide during its entire lifecycle, irrespective of the recipient of such revenue, does not exceed $200,000 United States Dollars (USD) or the equivalent amount in other currencies, as determined by the exchange rate at the time of revenue generation.
Revenue Sources: Revenue sources include, but are not limited to:
- Digital or retail sales of the Product;
- Revenue from paid subscriptions to the Product as a service;
- Donations and crowdfunding campaigns associated with the Product;
- Payments from third-party distributors or agents for distributing, selling, or offering the Product.
Lifecycle: For the purposes of this Agreement, lifecycle refers to the period from the initial public release of the Product until the cessation of all related activities, including sales and support.
The prevailing exchange rate to be used for currency conversion to USD shall be the rate published by a generally accepted financial authority or institution at the time the revenue is received. You are required to maintain accurate records of all revenue and to provide such records upon request to verify compliance with this commercial-limited use condition.
Exceeding Revenue Limit: If the total gross revenue of your Product exceeds the specified limit of $200,000 USD and you have not acquired a Full Commercial License in advance or otherwise obtained the right to use the Work for commercial purposes without the specified commercial limitations, you will be in breach of this Agreement. You are required to immediately acquire a Full Commercial License to continue using the Work for commercial purposes. If you do not do so within 30 days, I reserve the right to impose appropriate penalties, including but not limited to monetary penalties, for each calendar month that the revenue exceeds the limit, regardless of whether or not you have been formally notified of the breach.
Failure to comply with the record-keeping requirements may result in the immediate termination of this license and additional legal action.
A Full Commercial License is not automatically granted under this Agreement. To obtain a Full Commercial License, you must acquire it separately under the terms and conditions specified at the time of acquisition. This Agreement governs the rights and obligations related to the commercial use of the Work once the Full Commercial License is obtained.
The Full Commercial License applies to each Product that you develop using the Work. For each Product, you must acquire a dedicated Full Commercial License if you wish to use the Work for commercial purposes, exempt from the commercial-limited use specified in the "Grant of the Basic Commercial License" section of this Agreement.
- Exemption from Commercial Limitations: The Full Commercial License grants you the right to use the Work to develop a Product without the commercial limitations set forth in the "Grant of the Basic Commercial License" section of this Agreement.
- General Restrictions: The Full Commercial License is subject to the general restrictions specified in the "Product Licenses Restrictions" section of this Agreement.
- Time-Limited License: The Full Commercial License is granted for a specified duration, as indicated at the time of acquisition.
- Updates and Upgrades: During the term of the Full Commercial License, you are entitled to use the Work, including any updates and upgrades, to develop your Product as expressly permitted by this Agreement. This right encompasses all activities related to the Product lifecycle, including but not limited to Product support.
- License Expiration: Upon the expiration of the Full Commercial License, your right to use the Work continues in perpetuity within the existing copy of the Work that you had access to at the time of expiration. However, you are not permitted to use any new versions, updates, upgrades, or modifications of the Work in your Product following the expiration of the license.
- License Renewal: Should you acquire a new Full Commercial License, this new license will renew your right to use new versions, updates, upgrades, and modifications of the Work in your Product until the expiration of the new license.
Please be advised that obtaining a Full Commercial License does not automatically confer the right to renew the license under the same terms and conditions. I reserve the right to alter the terms and conditions applicable to new Full Commercial Licenses and to cease offering new Full Commercial Licenses at my sole discretion.
Furthermore, this Agreement does not impose any obligation on me to develop or release new versions, updates, or upgrades of the Work.
To the maximum extent permitted by applicable law, the Work is provided "as is" and "as available", without any warranties or conditions of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
In no event shall I be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the Work, to the fullest extent permitted by law, even if advised of the possibility of such damage.
By entering into this Agreement, you acknowledge and accept the license terms of any third-party software incorporated into the Work. These third-party license terms shall take precedence over any inconsistencies with the terms of this Agreement. You agree that the owners of the third-party software are intended third-party beneficiaries of this Agreement with respect to your use of the third-party software incorporated into the Work.
When making a contribution to the Work, or otherwise using the Work in source or compiled form, you are not permitted (and you may not permit others) to include, incorporate, combine, or mix any third-party software or parts thereof, in source or compiled form, that would directly or indirectly require that all or part of the Work be governed under any terms other than those of this Agreement.
Specifically, you may not incorporate any third-party software licensed under the GNU General Public License (GPL) into the Work.
This Agreement does not impose any liability on me for your failure to comply with the license terms of third-party software.
I reserve the right to modify, amend, or replace the terms of this Agreement, or to discontinue offering the Work to the public without providing a substitute. Any such modifications, amendments, or replacements will become effective 30 days after being posted publicly or otherwise communicated to you.
Your continued use of the Work following the posting or communication of any changes constitutes your acceptance of those changes.
You are not obligated to accept any new terms or amendments. In such a case, this Agreement will continue to govern your use of the Work you have already accessed under the original terms. However, if you do not accept the new terms or amendments, you will not be permitted to use any new versions, updates, upgrades, or modifications of the Work.
This Agreement does not impose any obligation on me to create, develop, or release new versions, upgrades, or modifications to the Work, or to make any such versions, upgrades, or modifications available for access or download.
This Agreement does not supersede, amend, or otherwise affect any other agreements that you may have with me regarding the Work.
You agree to indemnify, defend, and hold harmless me, Ilya Lakhin, from and against any and all claims, liabilities, damages, losses, or expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with your use of the Work or violation of this Agreement.
If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect.