End User License Agreement (EULA) #

Effective Date: 2025-11-21

THIS END USER LICENSE AGREEMENT ("Agreement") is a legal agreement between you ("Licensee") and the CometMQ project owners ("Licensor") governing use of the CometMQ proprietary software ("Software"). By installing, copying, activating or using the Software, you agree to the terms of this Agreement.

1. Definitions #

• Software: The CometMQ core binary, bundled tools, and any accompanying proprietary modules provided by Licensor.
• Core Edition: Feature set released for free use under this Agreement ("Free Tier").
• Paid Modules: Additional functional components, extensions, plugins, or integrations enabled only with a commercial license key.
• Support Services: Optional paid technical assistance, updates prioritization, incident response and SLA commitments.
• License Key: A code or cryptographic token that activates Paid Modules or Support features.

2. Grant of License #

Subject to the terms herein, Licensor grants Licensee a limited, non-exclusive, non-transferable, revocable license to install and use the Core Edition of the Software internally for lawful purposes. No ownership rights are transferred; the Software is licensed, not sold.

3. Free Core Edition #

Licensee may use the Core Edition without fees, subject to restrictions in Section 5. Licensor may modify which features reside in Core or Paid Modules at its discretion in future releases.

4. Paid Modules & Activation #

Use of Paid Modules requires a valid License Key issued by Licensor. Licensee shall:

• Keep License Keys confidential.
• Not circumvent technical measures controlling module activation.
• Only deploy Paid Modules on the agreed number of instances/cores (if specified in ordering document). Licensor may remotely validate License Keys (e.g. periodic hash or signature checks); no personal data is required for validation.

5. Restrictions #

Licensee shall not:

• Reverse engineer, decompile, disassemble or attempt to derive source code (except where explicitly permitted by applicable law notwithstanding this limitation).
• Modify, translate, adapt or create derivative works of the Software.
• Remove, obscure or alter proprietary notices.
• Rent, lease, sublicense, distribute or provide the Software to third parties (except transient use by Licensee's authorized personnel).
• Use the Software to develop a competing message broker or SaaS offering substantially similar in functionality.

6. Proprietary Rights #

Licensor retains all intellectual property rights, title and interest in and to the Software and related marks. All rights not expressly granted are reserved. Feedback provided by Licensee may be used by Licensor without restriction or obligation.

7. Support & Updates #

Support Services (including SLAs, priority fixes, advisory guidance) are available only under a separate paid agreement. Absent such agreement, Licensor has no obligation to provide support or updates. Minor updates to the Core Edition may be delivered at Licensor's discretion.

8. Telemetry (Optional) #

The Software may include an opt-in mechanism to collect anonymous operational metrics (e.g. version, uptime, feature flags). Licensee may disable telemetry via configuration. No personal or message payload data is collected.

9. Confidentiality #

Licensee shall treat License Keys and any non-public documentation or pricing terms as confidential information. Licensor shall treat any log bundles or diagnostic dumps received from Licensee as confidential.

10. Term & Termination #

This Agreement is effective upon first use and continues until terminated. Licensor may terminate immediately if Licensee breaches Sections 4 or 5. Upon termination, Licensee must cease all use and destroy all copies. Sections 5–16 survive termination.

11. Warranty Disclaimer #

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. LICENSEE ASSUMES ALL RISKS OF USE.

12. Limitation of Liability #

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, DATA OR BUSINESS INTERRUPTION) EVEN IF ADVISED OF THE POSSIBILITY. LICENSOR'S AGGREGATE LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED THE FEES PAID BY LICENSEE IN THE SIX (6) MONTHS PRECEDING THE CLAIM OR USD $100 IF NO FEES WERE PAID.

13. Indemnity #

Licensee will indemnify and hold Licensor harmless against claims arising from Licensee's misuse of the Software or violation of applicable laws.

14. Export Control #

Licensee shall comply with all applicable export and sanctions regulations. Licensee represents it is not located in an embargoed jurisdiction nor on any restricted party list.

15. Governing Law & Dispute Resolution #

This Agreement shall be governed by the laws of the jurisdiction specified in Licensor's ordering or website terms (default: Delaware, USA), excluding its conflict-of-law rules. Any disputes shall be resolved through binding arbitration or competent courts of that jurisdiction unless mandated otherwise by local consumer protection laws.

16. Entire Agreement & Amendments #

This Agreement constitutes the entire understanding and supersedes prior proposals or communications. Amendments require written acceptance by Licensor. If any provision is held unenforceable, the remainder shall remain in effect.

17. Third-Party Components #

Third-party libraries bundled with the Software remain subject to their respective licenses (listed in NOTICE or about dialogs). Nothing herein limits rights granted by those third-party licenses.

18. High-Risk Activities #

The Software is not designed for use in hazardous environments requiring fail-safe performance (e.g. nuclear, aviation, life support). Such use is at Licensee's sole risk.

19. Audit (Paid Modules Only) #

For Paid Modules, Licensor may request non-intrusive usage reports (instance count, module identifiers) no more than twice per year. Licensee shall provide requested data within 15 business days.

20. Force Majeure #

Licensor is not liable for delays or failures caused by events beyond reasonable control (e.g. natural disasters, network outages, regulatory actions).

Contact: drformatc@gmail.com

If you do not agree with these terms, do not install or use the Software.