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protected-source-code.md

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Source Code License Agreement

By viewing or using any of the source code contained here in this repository, you (the Licensee) agree to the following license agreement with the Provider (OASCI).

Terms & Conditions

Both the Licensee and Provider agree to adhere to the following terms and conditions.

  1. Definition of Software Throughout this agreement, "Software" shall be defined as all source codes, object codes, link libraries, utility programs, project files, and scripts related to the Software listed above. The Software shall remain the intellectual property of the Provider at all times.

  2. License Grant The Provider has granted, with acceptance of this source code license agreement, this license to be used as permitted. These licenses shall be considered perpetual and non-transferable. The Provider reserves the right to revoke this license in favor of a less restrictive, open-source license in the future.

  3. Permitted Usage The licenses granted may be used by the Licensee as well as any employees and subcontractors providing services for the Licensee.

  4. License Grant In consideration of all terms and conditions contained within this contract, the Licensee shall have the nonexclusive and non-transferable rights as stated below:

    • The Licensee will hold the right to incorporate the dynamic and statically linked libraries that the Provider has developed.
    • Furthermore, the Licensee will have the ability to make and distribute an unlimited number of copies of the libraries mentioned above.
  5. Restrictions Unless prior written consent has been obtained from the Provider, the following shall not be allowed:

    • The distribution of any source codes, header files, make files, or libraries of the Software.
    • The Software should not be merged, compiled, or copied unless expressed in this agreement.
    • Alteration or removal of any notices in or on the Software or within the documentation included within the Software.
    • Any distribution of the Software by the Licensee that is not conducted with approval from the Provider.
    • Disclosure of any source codes pertaining to the Software to any additional parties not included in this agreement.
    • The Licensee shall not disassemble, decompile or reverse engineer any object code contained within the Software.
    • The number of licenses being used may at no point and time be more than the number of licenses purchased through this agreement.
  6. Warranties All Software included in this source code license agreement, as well as all documentation included with said Software, is provided in an "as is" condition. There are no warranties, explicit or implied, including fitness for a particular purpose.

  7. Liability Under no circumstances will either party or their representatives be liable to each other for any incidental, consequential, or indirect damages including but not limited to lost or damaged data, revenue loss, economic loss, or commercial loss arising out of a breach of any terms and conditions set forth in this source code license agreement. This limitation of liability shall apply regardless of whether the alleged breach is a fundamental breach or a fundamental term. Both parties understand that some jurisdictions do not allow the exclusion of liability for consequential damages, and as such, the above limitation may not apply.

  8. Term & Termination While the term of this agreement may be perpetual, this agreement may terminate immediately in the event any breach occurs of the terms and conditions listed herein. Under no condition should any disclosures of the licensed source code or theft of the Client's computers be grounds for termination of this agreement. In the event of termination, the Licensee must destroy any and all copies of the Software as well as the included documentation.

  9. Indemnity The Licensee agrees to hold the Provider harmless as well as defend the Provider from any and all damages, costs, and liabilities that take place from a lawsuit due to any of the following:

    • Product Distribution
    • Breach of Contract
    • Software installation

    Additionally, the Provider shall indemnify and hold the Licensee harmless against any damages related to the source code.

  10. Copyright Notice The Licensee agrees to display an appropriate copyright notice in any final versions of the Software containing the source code distributed to third parties. The notice format should be "Copyright [Year] OASCI."

  11. Applicable Law Any disputes related to this agreement shall be resolved in accordance with the laws of [Your Jurisdiction], and any and all legal proceedings shall take place as such.

  12. Modification No terms or conditions of this agreement shall be modified or replaced without the written consent of both parties. Any changes in the license terms will be communicated to the Licensee by email.

  13. Equitable Remedies Both parties agree that direct monetary damages may not be the sole extent of damages related to a breach of this source code license agreement. Therefore, each party agrees a breach in this agreement by the Licensee will allow the Provider to seek additional relief from the Licensee.

Written Notice

Any and all notifications with regard to this source code license agreement shall be delivered by email to the address listed below.

Provider: us@oasci.org

Independent Contractors

No employer/employee relationship is implied or established through this source code agreement.

Both parties shall remain fully independent business entities at all times.

Entire Agreement

This document shall constitute the entire binding agreement between the Parties for the source code listed.

Agreement

Both parties have been made aware of all terms and conditions listed in this Source Code License agreement.