License Agreement

LangGrant and Windocks

  1. INTRODUCTION

These license terms are an agreement between Nirvaha Inc, doing business as LangGrant and Windocks, and you. References to Windocks in this Agreement is understood to apply equally to Nirvaha Inc., and LangGrant. Please read them. They apply to the Software named above, which includes the media on which you received it, if any.   The terms also apply to any Software updates, supplements, and support services, unless other terms accompany those items.

By using the Software, you accept these terms. If you do not accept them, do not use the software.

If you are accepting this Agreement on behalf of an entity, you represent and warrant that you have authority to bind such entity to this Agreement.

In the event of a conflict between this Agreement and any Order Form, Evaluation Agreement, or Support Agreement, the following order of precedence shall apply:

  1. Order Form,
  2. Support Agreement,
  3. Evaluation Agreement,
  4. this Agreement.
  1. DEFINITIONS

Software. The software is comprised of the Windocks software that installs on Windows Server, Mac, and varied Linux distributions.

The Software License is based on:

  • the number of instances of software that you run;
  • the number of containers supported;
  • the number of database images, and the sum of database image storage in Terabytes;
  • Commercial and Non-commercial use;
  • the Term or subscription period.

Licensing Terminology.

Standard, Standard+, and Enterprise editions refer to editions as described on the LangGrant and Windocks web sites.

Community Edition is licensed solely for personal, educational, evaluation, development, testing, or other non-commercial purposes. Commercial production use, hosted services, managed services, revenue-generating activities, or use by service providers for the benefit of third parties is prohibited unless expressly authorized by Windocks in writing.

Instance. You create an “instance” of software by executing the software’s setup or install procedure. You also create an instance of software by duplicating an existing instance. References to software in this agreement include “instances” of the software.

Dedicated Instance.   Is an “instance” of software that runs on a single Server (virtual or physical), that is not shared with other users.

Run an Instance. You “run an instance” of software by loading it into memory and executing one or more of its instructions. Once running, an instance is considered to be running (whether or not its instructions continue to execute) until it is removed from memory.

Container.  A “container” is a designated set of Operating System resources, and associated processes that provide an isolated space to run one or more application processes, including credentials for developers, testers, or operations personnel for access to the container.

CPU Core Processor is a unit of computing resource defined by the CPU, and refers to one complete execution unit.   Server CPUs typically include 4,8, or more cores.

Server.  A server is a physical hardware system or device capable of running server software. A hardware partition or blade is considered to be a separate physical hardware system.

Assigning a License. To assign a license means simply to designate that license to one user, or the assignment of CPU core license to a server.

Developer.   A “Developer” is a software developer, tester, or operations personnel that creates, stops, starts, restarts, or builds containers, or accesses code or applications hosted in containers for development and test purposes only, on a dedicated instance.

User.  A “User” is any person, who accesses Windocks software for purposes of software development, test, operations, or as an end-user who access to applications hosted by Windocks software.

3. LICENSE GRANT

EVALUATION USE RIGHTS.

If you acquired an evaluation version of the software, then the EVALUATION USE RIGHTS described in this section apply to your use of the software:

  • You may use the software only to test, demonstrate, and internally evaluate it.
  • You may not use the software in a live operating environment.
  • TIME-SENSITIVE LICENSING. The evaluation license will expire in the time described in the Evaluation Agreement (30 days unless otherwise mentioned).  Unless Software is validly licensed, you have no right to use the software after the time permitted for evaluation.

SCOPE OF LICENSE

Subject to Customer’s compliance with this Agreement and payment of applicable fees, Windocks grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license during the applicable Term to install and use the Software solely for Customer’s internal business purposes and in accordance with licensed usage limits.

Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement.

You may not:

  1. work around any technical limitations in the Software;
  2. reverse engineer, decompile, disassemble, derive source code from, or otherwise attempt to discover the underlying structure, algorithms, or ideas of the Software except solely to the extent such restriction is prohibited by applicable law;
  3. modify, adapt, translate, or create derivative works based upon the Software except as expressly authorized in writing by Windocks;
  4. remove or alter any trademark, logo, copyright or other proprietary notices or markings in the software;
  5. copy the Software except as reasonably necessary for backup or archival purposes;
  6. use the software’s files and components within another operating system or application running on another operating system;
  7. make more copies of the Software than specified in this Agreement or allowed by applicable law;
  8. publish the Software for others to copy; rent, lease, lend, sublicense, or distribute the Software to third parties; or
  9. use the Software to provide hosted, managed, service bureau, or outsourcing services where the Software itself is made available to third parties as a commercial service unless expressly authorized by Windocks in writing.

4. USE RIGHTS

  1. Licensing a Server. Before you run instances of the server software on a server, you must determine the required number of software licenses and assign those licenses to one server for each license.
  2. Determining the Number of Server Licenses Required.  Standard, Standard+, and Enterprise editions are licensed per server instance with a specified maximum in number of containers, images, and image sizes.
  3. Community edition is licensed for non-commercial use only.
  4. Assigning the Required Number of Shared Server Licenses.
  • Assignment.  After you determine the number of software licenses you need for a server, you must assign that number of software licenses to that server or Virtual Machine. That server or Virtual Machine is the licensed server for the assigned licenses. You may not assign the same license to more than one server or Virtual Machine.  A hardware partition or blade is considered to be a separate server.
  • Reassignment. Shared Server licenses can be reassigned as servers or  Virtual Machines are retired or replaced
  • Hardware failure. If you reassign a Shared Server license, the server to which you reassign the license becomes the new licensed server for the affected licenses.

5. LICENSE RESTRICTIONS

Customer shall not use the Software:

  1. in violation of applicable law or regulation;
  2. to distribute malware or malicious code;
  3. to perform unauthorized intrusion, denial-of-service attacks, or unlawful monitoring;
  4. for cryptocurrency mining unrelated to licensed functionality;
  5. in any manner that interferes with Windocks systems or security mechanisms; or
  6. in violation of export control or sanctions laws.
  7. in any manner that violates applicable privacy, data protection, or intellectual property laws.

RESTRICTIONS ON ARTIFICIAL INTELLIGENCE, AUTOMATED ANALYSIS, BENCHMARKING, AND COMPETITIVE USE

You may not, and may not permit any third party to, directly or indirectly:

  1. use the Software, Documentation, outputs, telemetry, APIs, metadata, schemas, workflows, screenshots, benchmark results, or related materials to train, fine-tune, validate, test, improve, or develop any artificial intelligence, machine learning, generative AI, large language model, neural network, automated code generation system, or similar technology;
  2. use the Software or related materials to develop, enhance, support, or operate any product or service that competes with, replicates, substitutes for, or is substantially similar to the Software;
  3. reverse engineer, benchmark, profile, scrape, analyze, map, monitor, instrument, model, or otherwise derive the source code, structure, workflows, algorithms, interfaces, operational behavior, or underlying ideas of the Software, except solely to the limited extent expressly permitted by applicable law notwithstanding this restriction;
  4. publish or disclose benchmark or performance test results relating to the Software without Windocks’ prior written consent; or
  5. use automated tools, bots, crawlers, agents, AI systems, instrumentation, telemetry systems, or similar technologies to analyze or reproduce the Software or its functionality.

Any violation of this Section constitutes a material breach of this Agreement and may cause irreparable harm for which monetary damages would be insufficient. Windocks shall be entitled to seek injunctive relief and equitable remedies in addition to all other remedies available at law.

6. OWNERSHIP AND INTELLECTUAL PROPERTY

Windocks and their licensors retain all right, title, and interest, including all intellectual property rights, in and to the Software, Documentation, Updates, derivative works created by Windocks, APIs, interfaces, workflows, visual displays, trademarks, trade secrets, confidential information, and all related technology and materials.

The Software is licensed and not sold. No ownership rights are transferred to Customer under this Agreement.

Except for the limited rights expressly granted in this Agreement, no license or other rights are granted by implication, estoppel, or otherwise.

FEEDBACK

Suggestions, ideas, enhancement requests, recommendations, corrections, or other feedback you provide relating to the Software or Services (“Feedback”), Windocks may use, modify, disclose, reproduce, license, distribute, and otherwise exploit such Feedback without restriction, obligation, attribution, or compensation to you.

7. CONFIDENTIALITY

The Software, Documentation, license keys, pricing, non-public technical information, benchmark results, APIs, architecture, workflows, and all non-public information relating to the Software constitute confidential and proprietary information of Windocks (“Confidential Information”).

You shall:

  1. protect Confidential Information using at least reasonable care;
  2. not disclose Confidential Information to any third party except authorized employees and contractors bound by confidentiality obligations no less protective than those contained herein; and
  3. use Confidential Information solely for purposes expressly permitted under this Agreement.

The obligations in this Section shall survive termination of this Agreement for five (5) years, except for trade secrets, which shall remain protected for so long as applicable law recognizes such protection.

8. TELEMETRY DATA

Certain telemetry may be required for license validation, security, or support.

Windocks shall not intentionally collect Customer business data or application content except as necessary to provide support or operate licensed functionality.

Customer is responsible for obtaining any required consents from its users relating to telemetry collection.

Customer retains all rights to Customer Data. Windocks acquires no ownership interest in Customer Data except as necessary to provide licensed functionality and support.

9. SUPPORT

Windocks provides email support services for the software as described in your separate Service Agreement (if applicable) or email support only for paid versions of Windocks software.

10. OPEN SOURCE

The Software may include components subject to separate open-source licenses. Such components are licensed under their applicable licenses and not under this Agreement.

To the extent required by applicable open-source licenses, the terms of those licenses shall apply solely with respect to the applicable open-source components.

11. FEES, TERM, AND TERMINATION

LICENSE TERM

This Agreement is effective as of the Delivery of the Software and expires at such time as all license subscriptions or Evaluation terms hereunder have expired according to their own terms (the “Term”), as described in the Order or Purchase documents, or Evaluation Agreement.

Termination.   Upon expiration of License subscription, Term, or Evaluation period, you shall cease any and all use of Windocks software, destroy all copies thereof and so certify to Windocks in writing, provided, however, you may retain copies to the extent required pursuant to applicable law or your automatic electronic archiving and back-up procedures.

Multiplexing. Hardware or software used to pool connections, reroute information, or otherwise circumvent the limitations of a single-user Developer license, are prohibited.

12. AUDIT

Upon at least thirty (30) days prior written notice, and not more than once annually, Windocks may request that Customer certify compliance with this Agreement and provide reasonable records sufficient to verify license usage.

If Windocks reasonably believes Customer is materially exceeding licensed usage, Windocks may conduct an audit through an independent third-party auditor subject to reasonable confidentiality obligations and during normal business hours in a manner designed to minimize disruption to Customer operations.

Customer shall reasonably cooperate with such audit.

If an audit reveals underpayment or unlicensed usage exceeding five percent (5%) of licensed amounts, Customer shall promptly pay the applicable fees and reimburse Windocks for reasonable audit costs.

13. WARRANTY

LIMITED WARRANTY

For thirty (30) days following delivery, Windocks warrants that the Software will materially conform to applicable documentation when used in accordance with this Agreement.

Customer’s exclusive remedy and Windocks’ sole obligation for breach of this warranty shall be:

  1. repair,
  2. replacement,
  3. or termination of the affected license and refund of prepaid unused fees, at Windocks’ option.

NO OTHER WARRANTIES

The limited warranty is the only direct warranty from Windocks. Windocks gives no other express warranties, guarantees, or conditions. Where allowed by your local laws, Windocks excludes implied warranties of merchantability, fitness for a particular purpose, and non-infringement. If your local laws give you any implied warranties, guarantees, or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.

14. INDEMNIFICATION

INTELLECTUAL PROPERTY INDEMNIFICATION (new)

For paid licenses, Windocks shall defend Customer against third-party claims alleging that the unmodified Software infringes a United States patent, copyright, or trade secret, and shall pay damages finally awarded against Customer or agreed in settlement by Windocks, provided Customer:

  1. promptly notifies Windocks of the claim;
  2. grants Windocks sole control of the defense and settlement; and
  3. reasonably cooperates in the defense.

Windocks shall have no liability for claims arising from:

  • modifications not made by Windocks,
  • combinations with third-party products,
  • unauthorized use,
  • open-source components,
  • or continued use after notice of alleged infringement.

If infringement is alleged, Windocks may:

  • modify the Software,
  • obtain continued usage rights,
  • or terminate affected licenses and refund prepaid unused fees.

THIS SECTION STATES CUSTOMER’S EXCLUSIVE REMEDY FOR IP INFRINGEMENT CLAIMS.

15. LIMITATION OF LIABILITY

You can recover from LangGrant and Windocks and its suppliers only direct damages, limited to the fees paid to LangGrant and Windocks over the previous twelve (12) months. You cannot recover any other damages, including consequential, lost profits, special, indirect, or incidental damages. This limitation applies to:

  • anything related to the software, services, content (including code) on third-party Internet sites, or third-party programs; and
  • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if LangGrant and Windocks knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential, or other damages.

16. LEGAL TERMS

ASSIGNMENT

Windocks may assign this Agreement without consent:

  • to an affiliate, or
  • in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets.

Customer may assign this Agreement in connection with a merger or sale of substantially all assets, provided the assignee agrees in writing to be bound by this Agreement. Any other assignment without required consent is void.

SURVIVAL (new)

The following Sections shall survive termination or expiration of this Agreement:

  • Ownership,
  • Restrictions,
  • Confidentiality,
  • AI Restrictions,
  • Audit Rights,
  • Limitation of Liability,
  • Payment Obligations,
  • Indemnification,
  • Export Restrictions,
  • and all provisions which by their nature should survive termination.

UNITED STATES GOVERNMENT END-USERS

The Software is commercial computer software. If the user or licensee of the Software is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Software, or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement or by the terms of this Agreement in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. The Software was developed fully at private expense. All other use is prohibited.

EXPORT RESTRICTIONS

The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use.

PUBLICITY

With your prior written consent, Windocks may identify you as a customer of Windocks on Windocks websites, press releases, or other marketing materials.

ENTIRE AGREEMENT

This agreement (including the warranty below), and the terms for supplements, updates, and Internet-based services and support services that you use, are the entire agreement for the software and support services.

APPLICABLE LAW

If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.

Outside the United States. If you acquired the software in any other country, the laws of that country apply.

LEGAL EFFECT

This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

17. APPENDIX

Apache 2 License

As noted in Windocks documentation, the Windocks software includes certain software licensed under the Apache 2 license, which is provided as required below:

Version 2.0, January 2004

http://www.apache.org/licenses/

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

  1. Definitions.

“License” shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.

“Licensor” shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.

“Legal Entity” shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, “control” means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

“You” (or “Your”) shall mean an individual or Legal Entity exercising permissions granted by this License.

“Source” form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.

“Object” form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.

“Work” shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).

“Derivative Works” shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

“Contribution” shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as “Not a Contribution.”