This End-User License Agreement ("Agreement") is a binding contract between you ("Licensee", "you") and Vasyl Krychun ("Licensor") governing your use of StemRuntimeSDK and all accompanying files in this distribution (collectively, the "SDK").
By installing, copying, integrating, or otherwise using the SDK, you accept this Agreement. If you do not accept it, do not use the SDK. If you accept this Agreement on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
1. Definitions
1.1 "SDK" - the StemRuntimeSDK binary framework and the documentation, examples, and configuration files distributed with it.
1.2 "Application" - software you build that links the SDK.
1.3 "StemJSON" - the declarative data format originated and authored by Licensor, specified at github.com/vkrychun/StemJSON under the Open Web Foundation Agreement 1.0, and rendered by the SDK.
1.4 "Commercial License" - a paid license tier that removes the on-device watermark and grants any additional rights set out in the applicable order form or invoice. Current pricing information is published at stemjson.com/stemruntime for reference only; the substantive terms of each Commercial License are those set out in this Agreement together with the order form or invoice issued at purchase.
1.5 "Licensor Patents" - any patent claims owned or controlled by Licensor, now or during the term of this Agreement, that are necessarily infringed by use of the SDK as authorised by Section 2.1 or by the execution of StemJSON content by the SDK on behalf of your Application.
2. License Grant
2.1 Subject to this Agreement, Licensor grants you a worldwide, non-exclusive, non-transferable, revocable license to:
- use the SDK to develop and distribute Applications on Apple platforms;
- reproduce and embed the SDK in Object form within your Applications;
- distribute your Applications to end users through the Apple App Store or other distribution channels permitted by Apple.
2.2 Tiers. The SDK is provided in two tiers.
- Freeware tier. Available at no charge under this Agreement. Applications built with the freeware tier display a small "Powered by StemJSON" notice when running on physical Apple devices.
- Commercial tier. Paid Commercial Licenses remove the on-device notice and are governed by this Agreement together with the order form or invoice issued at purchase. If there is a conflict between this Agreement and an executed order form for a specific Commercial License, the order form controls for that Commercial License only.
The watermark, where present, must not be removed except by activating a Commercial License through channels designated by Licensor.
2.3 Patent License. Subject to this Agreement, Licensor grants you a limited, worldwide, non-exclusive, royalty-free, revocable licence under the Licensor Patents, solely to the extent needed for the activities authorised by Section 2.1 (including the execution of StemJSON content by the SDK on behalf of your Applications). This patent licence is personal to you, is neither sublicensable nor transferable except together with a permitted assignment of this Agreement, and is granted only for so long as you are in compliance with this Agreement.
2.4 Patent Termination. The licences granted in Sections 2.1 and 2.3 terminate automatically, without notice, if you (or any entity you control or act in concert with) commence or voluntarily participate in any patent proceeding - including a cross-claim or counterclaim in a lawsuit, an opposition, a reexamination, or an inter partes review - alleging that the SDK, any Licensor Patent, the StemJSON format, or the execution of StemJSON content by the SDK infringes or is invalid.
3. Restrictions
You shall not:
- modify, adapt, translate, or create derivative works of the SDK binary;
- reverse-engineer, decompile, or disassemble the SDK, except to the extent that applicable law expressly permits this despite this restriction (in the European Union, this exception is limited to the cases described in Article 6 of Directive 2009/24/EC on the legal protection of computer programs);
- remove or alter the watermark, license validation, or any proprietary notices in or generated by the SDK, except by activating a Commercial License through the official channels;
- sublicense, rent, lease, sell, or redistribute the SDK as a standalone product or as part of a software development kit, framework, or library directed at other developers;
- use the SDK to build a product whose primary purpose is to replicate or replace the SDK itself.
4. Compliance with Sanctions and Restricted Use
4.1 You may not use, export, re-export, or otherwise make the SDK available, directly or indirectly, to any person, entity, or jurisdiction that is subject to comprehensive trade sanctions or export-control restrictions under the laws of the European Union, the United States, the United Kingdom, or Ukraine, or that appears on a consolidated sanctions list maintained by any of those jurisdictions (including, without limitation, the EU Consolidated List, the OFAC Specially Designated Nationals and Sectoral Sanctions Identifications lists, HM Treasury's Consolidated List of Financial Sanctions Targets, and the Ukrainian sanctions register).
4.2 Without limiting Section 4.1, the SDK may not be used in, distributed to, or made available to users located in the Russian Federation, or used by or on behalf of the government of that jurisdiction or of any entity owned or controlled by it.
4.3 You represent that you are not, and are not owned or controlled by, a person subject to the restrictions in Section 4.1, and that you will not use the SDK in violation of any export-control or sanctions law applicable to you.
4.4 Licensor may terminate this Agreement immediately on written notice, without opportunity to cure, if you breach this Section 4.
5. Ownership
5.1 The SDK and all intellectual-property rights in it are owned by Licensor. This Agreement transfers no ownership.
5.2 You retain ownership of the original code you write. The SDK grants you no rights in your code beyond those needed to combine it with the SDK at build and run time.
5.3 The SDK incorporates open-source components listed in THIRD_PARTY_LICENSES.md. Those components remain governed by their own licenses; nothing in this Agreement overrides them.
5.4 Use of the StemJSON™, StemRuntimeSDK™, StemRuntime™, and StemJSON logo marks is governed by the StemJSON Trademark Policy at github.com/vkrychun/StemJSON.
5.5 Licensor is the originator of the StemJSON specification and the inventor of the declarative concepts embodied in it. The specification itself is made available to implementers under the Open Web Foundation Agreement 1.0, which governs rights in the text of the specification and is independent of this Agreement. The Licensor Patents defined in Section 1.5 cover inventions that may be practised by systems rendering StemJSON content; nothing in this Section 5.5 expands or narrows the patent licence granted in Section 2.3, the restrictions in Sections 2.4 and 3, or the rights made available to implementers under the Open Web Foundation Agreement 1.0.
6. Feedback
If you send Licensor suggestions, ideas, or other feedback about the SDK, you grant Licensor a perpetual, worldwide, royalty-free, irrevocable license to use that feedback for any purpose. You retain ownership of your feedback. Do not send Licensor information you consider confidential.
7. No Warranty
THE SDK IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SDK WILL BE UNINTERRUPTED, ERROR-FREE, OR FIT FOR ANY PARTICULAR USE CASE.
This section does not exclude any warranty or right that, under the mandatory consumer-protection law of your place of residence, cannot be excluded.
8. High-Risk Use
The SDK is a general-purpose UI framework. It is not certified for safety-critical or life-critical use, including aviation, nuclear, medical, automotive safety, military, or emergency systems. If you choose to use the SDK in such a context, you do so at your own risk and accept full responsibility for the suitability, validation, and certification of your Application.
9. Limitation of Liability
9.1 To the maximum extent permitted by law, Licensor's total aggregate liability arising out of or related to this Agreement shall not exceed the greater of (a) the fees you paid Licensor for the SDK in the twelve months preceding the event giving rise to the claim, or (b) one hundred euros (EUR 100).
9.2 To the maximum extent permitted by law, Licensor shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages.
9.3 Nothing in this Agreement excludes liability that cannot be excluded by law, including liability for death or personal injury caused by negligence, fraud, or wilful misconduct.
10. Indemnity
10.1 Your Indemnity. You will defend, indemnify, and hold Licensor harmless from any third-party claim arising out of (a) your Application, (b) your use of the SDK in breach of this Agreement, or (c) your violation of any applicable law.
10.2 Licensor's IP Indemnity (Commercial Licensees Only). If you hold a valid Commercial License, Licensor will defend you against any third-party claim that the SDK, when used as authorised by this Agreement, directly infringes a copyright, a registered trademark, or an issued patent of the claimant, and will pay the damages finally awarded by a court of competent jurisdiction (or any settlement amount approved by Licensor in writing), subject to the conditions and exclusions below and to the limits in Section 9. This Section 10.2 does not apply to the freeware tier.
10.3 Conditions. Section 10.2 applies only if you (a) notify Licensor in writing of the claim within thirty (30) days of becoming aware of it; (b) give Licensor sole control of the defence and of any settlement, provided that no settlement imposing a non-financial obligation on you will be made without your prior written consent (not to be unreasonably withheld); and (c) provide reasonable cooperation at Licensor's expense.
10.4 Exclusions. Section 10.2 does not apply to any claim to the extent it arises from (a) use of the SDK in combination with software, hardware, data, or services not provided or authorised in writing by Licensor, where that combination is the cause of the alleged infringement; (b) any modification of the SDK not made or authorised by Licensor; (c) continued use of an affected version of the SDK after Licensor has made a non-infringing update reasonably available to you; (d) your Application, its content, branding, or functionality independent of the SDK; or (e) use of the SDK in violation of this Agreement or of applicable law.
10.5 Remedies. If the SDK becomes, or in Licensor's reasonable opinion is likely to become, the subject of a claim under Section 10.2, Licensor may at its option and expense: (a) procure for you the right to continue using the SDK; (b) modify the SDK so that it is non-infringing while preserving its material functionality; or (c) terminate your Commercial License on written notice and refund the pro-rated unused portion of any prepaid fees for the then-current term. Sections 10.2 through 10.5 state Licensor's entire liability, and your exclusive remedy, for third-party intellectual property claims relating to the SDK.
11. Term and Termination
11.1 This Agreement takes effect on the date you first use the SDK and continues until terminated.
11.2 Licensor may terminate this Agreement on written notice if you materially breach it and fail to cure the breach within thirty (30) days of notice.
11.3 On termination you must stop using the SDK and destroy your copies. Applications you have already shipped to end users before termination may continue to use the version of the SDK in effect at the time of build, under this Agreement as it stood at that time.
11.4 Sections 3, 4, 5, 6, 7, 8, 9, 10 (including 10.1 through 10.5), 11.3, 12, and 13 survive termination. The patent termination in Section 2.4 is self-executing and is not limited by this survival clause.
12. Governing Law and Disputes
12.1 This Agreement is governed by the laws of Spain, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods.
12.2 Any dispute arising out of or in connection with this Agreement shall be finally resolved by arbitration administered by the Spanish Court of Arbitration (Corte Española de Arbitraje) under its rules. The seat shall be Madrid, the language shall be English, and the tribunal shall consist of a sole arbitrator.
12.3 Licensor may seek injunctive relief in any court of competent jurisdiction to protect its intellectual-property rights.
12.4 If you are a consumer, the mandatory law of your place of residence applies in addition to this Section, and you may bring proceedings before the courts of your place of residence to the extent that law requires.
13. General
13.1 Licensor may update this Agreement for future versions of the SDK. The version of the Agreement included in a release governs that release.
13.2 You may not assign this Agreement without Licensor's written consent. Licensor may assign this Agreement, including to a legal entity formed by Licensor.
13.3 Notices to Licensor may be sent by email to the address in Section 14.
13.4 If any provision of this Agreement is held unenforceable, the rest remains in effect.
13.5 This Agreement, together with THIRD_PARTY_LICENSES.md and any order form for a Commercial License, is the entire agreement between you and Licensor regarding the SDK and supersedes any prior agreement on the same subject.
13.6 The English text of this Agreement is the controlling version.
14. Contact
Vasyl Krychun
Email: vkrychun@stemjson.com