GPT TOOLS FREEWARE LICENSE AGREEMENT
This Freeware License Agreement (the "Agreement") is entered into by and between you ("Licensee") and FOP Denys Nazarenko ("Licensor"). By downloading, installing, or using GPT Tools (the "Software"), you agree to be bound by the terms of this Agreement.
1. License Grant
Subject to the terms and conditions of this Agreement, Licensor hereby grants Licensee a non-exclusive, non-transferable, worldwide, royalty-free license to use, copy, and distribute the Software, solely for personal, non-commercial purposes. All rights not expressly granted to Licensee are reserved by Licensor.
2. Copyright
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. Licensor retains all title, copyright, and other intellectual property rights in the Software.
3. Restrictions
(a) Licensee shall not sell, rent, lease, sublicense, distribute, or otherwise transfer or exploit the Software for any commercial purposes.
(b) Licensee shall not modify, adapt, create derivative works from, reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Software, except as permitted by applicable law.
(c) Licensee shall not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices contained within the Software.
(d) Licensee is prohibited from using the Software in any of the following countries:
Afghanistan, Bahrain, Belarus, Belize, Bulgaria, Cambodia, Cameroon, Central African Republic, Chad, China, Democratic Republic of the Congo, Cuba, Egypt, Equatorial Guinea, Eritrea, Eswatini (formerly Swaziland), Ethiopia, Iran, Laos, Libya, North Korea, Russia, Saudi Arabia, Somalia, South Sudan, Sudan, Syria, Tajikistan, Turkmenistan, Uzbekistan, Vietnam, Yemen, and Zimbabwe.
4. Termination
This Agreement is effective until terminated. Licensor may terminate this Agreement at any time if Licensee breaches any of the terms and conditions herein. Upon termination, Licensee shall cease all use of the Software and destroy all copies of the Software in Licensee's possession or control.
5. Warranty Disclaimer
The Software is provided "AS IS" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Licensor does not warrant that the Software will meet Licensee's requirements or that the operation of the Software will be uninterrupted or error-free.
6. Limitation of Liability
In no event shall Licensor be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the use or inability to use the Software, even if Licensor has been advised of the possibility of such damages.
7. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Licensor resides, excluding its conflict of law provisions. Licensee agrees to submit to the personal and exclusive jurisdiction of the courts located within the jurisdiction of Licensor for the resolution of any disputes arising out of or relating to this Agreement.
8. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, of the parties.
9. Modification
Licensor may modify the terms of this Agreement at any time by providing notice to Licensee. Licensee's continued use of the Software following any such modification shall constitute acceptance of the modified terms. If Licensee does not agree to any modification of this Agreement, Licensee's sole remedy is to terminate this Agreement by ceasing all use of the Software and destroying all copies of the Software in Licensee's possession or control.
10. Severability
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions of this Agreement shall remain in full force and effect.
11. No Waiver
No failure or delay by either party in exercising any right, power, or remedy under this Agreement shall operate as a waiver of any such right, power, or remedy, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.
12. Export Compliance
Licensee acknowledges that the Software may be subject to export restrictions and agrees to comply with all applicable laws and regulations regarding the export, re-export, or import of the Software. Licensee shall not export or re-export the Software to any country or end user subject to any applicable export restrictions, including but not limited to the countries listed in Section 3(d) of this Agreement.
13. U.S. Government Restricted Rights
If Licensee is an agency, department, or other entity of the United States Government, or if Licensee is acquiring the Software on behalf of the United States Government, the Software and any associated documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFARS Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display, or disclosure of the Software by the U.S. Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.
14. Assignment
Licensee may not assign or transfer this Agreement, in whole or in part, without the prior written consent of Licensor. Any attempted assignment or transfer in violation of this section shall be null and void.
15. Pro Version Subscription
Upon purchasing a subscription to the Pro Version of the Software, Licensee is granted a non-exclusive, worldwide, royalty-free license to use the Pro Version of the Software for commercial purposes. This subscription does not permit Licensee to sell, rent, lease, sublicense, distribute, or otherwise transfer the Software. All other terms and conditions of this Agreement apply to the Pro Version Subscription. This subscription remains valid for the duration of the paid term and covers all updates released during this term.
16. Headings
The section headings in this Agreement are for convenience only and shall not affect the interpretation of any provision of this Agreement.
BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.