@macaw-ai/client 0.0.0-stage → 0.9.11

package/LICENSE.md

@@ -0,0 +1,339 @@
+MACAW CLIENT SOFTWARE LICENSE AGREEMENT
+
+Version 1.0
+Effective Date: January 2025
+
+This MACAW Client Software License Agreement ("Agreement") is a legal agreement
+between you (either an individual or a legal entity, "You" or "User") and MACAW
+Security, Inc., a Delaware corporation ("MACAW Security," "we," "us," or "our").
+
+BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE
+TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS,
+DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
+
+================================================================================
+1. DEFINITIONS
+================================================================================
+
+1.1 "Software" means the MACAW Client library, including any compiled binaries,
+    source code (if provided), documentation, updates, patches, and any related
+    materials provided by MACAW Security.
+
+1.2 "Commercial Use" means any use of the Software in connection with a business,
+    commercial enterprise, or for-profit activity, including but not limited to:
+    (a) use in production environments serving paying customers; (b) use in
+    internal business operations; (c) use in products or services offered for
+    sale or license; or (d) use by or on behalf of a government entity.
+
+1.3 "Documentation" means any user guides, technical documentation, API
+    references, and other materials provided by MACAW Security relating to
+    the Software.
+
+1.4 "MACAW Services" means the backend services, APIs, LocalAgent, and
+    infrastructure operated by MACAW Security that the Software connects to.
+
+================================================================================
+2. LICENSE GRANT
+================================================================================
+
+2.1 Grant of License. Subject to the terms and conditions of this Agreement,
+    MACAW Security hereby grants You a limited, worldwide, royalty-free,
+    non-exclusive, non-transferable, non-sublicensable, revocable license to:
+
+    (a) download, install, and use the Software;
+    (b) integrate the Software into Your applications and systems;
+    (c) make reasonable copies of the Software for backup purposes; and
+    (d) use the Documentation in connection with Your permitted use of
+        the Software.
+
+2.2 Permitted Free Use. You may use the Software free of charge for:
+
+    (a) Development and Testing: Use in development, staging, and testing
+        environments for the purpose of evaluating, developing, or testing
+        applications that integrate with the Software;
+
+    (b) Personal Projects: Non-commercial personal projects that are not
+        used in connection with any business or commercial activity; and
+
+    (c) Open Source Projects: Integration into open source software projects
+        that are distributed under an OSI-approved open source license,
+        provided that the Software itself is not redistributed and end users
+        obtain the Software directly from MACAW Security.
+
+2.3 Commercial Use License. Commercial Use of the Software requires a separate
+    commercial license agreement with MACAW Security. Please contact
+    support@macawsecurity.com to obtain a commercial license.
+
+2.4 License to MACAW Services. Use of the Software in connection with MACAW
+    Services is subject to the MACAW Security Terms of Service available at
+    https://www.macawsecurity.ai/terms.
+
+================================================================================
+3. RESTRICTIONS
+================================================================================
+
+3.1 General Restrictions. Except as expressly permitted in this Agreement,
+    You shall not (and shall not permit any third party to):
+
+    (a) reverse engineer, decompile, disassemble, or otherwise attempt to
+        derive the source code, algorithms, data structures, or underlying
+        ideas of the Software, except to the extent such restriction is
+        expressly prohibited by applicable law;
+
+    (b) modify, adapt, translate, or create derivative works based on the
+        Software;
+
+    (c) rent, lease, lend, sell, sublicense, assign, distribute, publish,
+        transfer, or otherwise make the Software available to any third party;
+
+    (d) remove, alter, or obscure any proprietary notices, labels, or marks
+        on the Software or Documentation;
+
+    (e) use the Software to develop a product or service that competes with
+        the Software or MACAW Services;
+
+    (f) use the Software to circumvent, disable, or interfere with any
+        security, authentication, or access control mechanisms;
+
+    (g) use the Software in any manner that violates applicable laws,
+        regulations, or third-party rights;
+
+    (h) use the Software to transmit any malware, viruses, or other
+        malicious code;
+
+    (i) use the Software to conduct security testing, penetration testing,
+        or vulnerability scanning of MACAW Services without prior written
+        authorization; or
+
+    (j) benchmark, test, or publish performance comparisons of the Software
+        without MACAW Security's prior written consent.
+
+3.2 Export Restrictions. The Software may be subject to export control laws
+    and regulations. You agree to comply with all applicable export and
+    re-export control laws and regulations, including the Export Administration
+    Regulations maintained by the U.S. Department of Commerce.
+
+================================================================================
+4. INTELLECTUAL PROPERTY
+================================================================================
+
+4.1 Ownership. The Software is licensed, not sold. MACAW Security and its
+    licensors retain all right, title, and interest in and to the Software,
+    including all intellectual property rights therein. This Agreement does
+    not grant You any rights to trademarks, service marks, or trade names
+    of MACAW Security.
+
+4.2 Feedback. If You provide any feedback, suggestions, or recommendations
+    regarding the Software ("Feedback"), You hereby grant MACAW Security a
+    perpetual, irrevocable, worldwide, royalty-free license to use, modify,
+    and incorporate such Feedback into the Software and MACAW Services
+    without any obligation to You.
+
+4.3 Third-Party Components. The Software may include third-party open source
+    components subject to separate license terms. A list of such components
+    and their respective licenses is provided in the NOTICE file accompanying
+    the Software. To the extent there is a conflict between this Agreement
+    and any open source license, the open source license terms shall govern
+    solely with respect to the applicable open source component.
+
+================================================================================
+5. DATA AND PRIVACY
+================================================================================
+
+5.1 Data Collection. The Software may collect and transmit certain data to
+    MACAW Services, including but not limited to: usage metrics, error reports,
+    and diagnostic information. Such data collection is subject to the MACAW
+    Security Privacy Policy available at https://www.macawsecurity.ai/privacy.
+
+5.2 Your Data. As between You and MACAW Security, You retain all rights to
+    any data, content, or materials that You process using the Software
+    ("Your Data"). You grant MACAW Security only such rights to Your Data
+    as are necessary to provide the MACAW Services.
+
+================================================================================
+6. DISCLAIMER OF WARRANTIES
+================================================================================
+
+6.1 AS-IS BASIS. THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT
+    WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
+    MACAW SECURITY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS,
+    IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
+
+    (a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
+        PURPOSE, TITLE, AND NON-INFRINGEMENT;
+
+    (b) WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE;
+
+    (c) WARRANTIES THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE,
+        SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND
+
+    (d) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS
+        OF ANY RESULTS OBTAINED FROM THE SOFTWARE.
+
+6.2 BETA FEATURES. Any features or functionality designated as "beta,"
+    "preview," "experimental," or similar are provided without any warranty
+    and may be modified or discontinued at any time without notice.
+
+================================================================================
+7. LIMITATION OF LIABILITY
+================================================================================
+
+7.1 EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
+    IN NO EVENT SHALL MACAW SECURITY OR ITS AFFILIATES, LICENSORS, OR SERVICE
+    PROVIDERS BE LIABLE FOR ANY:
+
+    (a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY
+        DAMAGES;
+
+    (b) LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, OR GOODWILL;
+
+    (c) LOSS OF DATA OR DATA BREACH;
+
+    (d) COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
+
+    (e) BUSINESS INTERRUPTION OR LOSS OF USE;
+
+    ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR
+    INABILITY TO USE THE SOFTWARE, REGARDLESS OF THE THEORY OF LIABILITY
+    (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF MACAW SECURITY
+    HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
+
+7.2 CAP ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
+    MACAW SECURITY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED
+    TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS
+    PAID BY YOU TO MACAW SECURITY FOR THE SOFTWARE DURING THE TWELVE (12)
+    MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).
+
+7.3 ESSENTIAL PURPOSE. THE LIMITATIONS IN THIS SECTION 7 SHALL APPLY
+    NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED
+    REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
+
+================================================================================
+8. INDEMNIFICATION
+================================================================================
+
+8.1 Your Indemnification. You agree to indemnify, defend, and hold harmless
+    MACAW Security and its officers, directors, employees, agents, affiliates,
+    and licensors from and against any and all claims, damages, losses,
+    liabilities, costs, and expenses (including reasonable attorneys' fees)
+    arising out of or relating to:
+
+    (a) Your use of the Software in violation of this Agreement;
+    (b) Your violation of any applicable law or regulation;
+    (c) Your violation of any third-party rights; or
+    (d) Any data or content You process using the Software.
+
+================================================================================
+9. TERM AND TERMINATION
+================================================================================
+
+9.1 Term. This Agreement is effective until terminated.
+
+9.2 Termination by You. You may terminate this Agreement at any time by
+    ceasing all use of the Software and destroying all copies in Your
+    possession or control.
+
+9.3 Termination by MACAW Security. MACAW Security may terminate this
+    Agreement immediately upon written notice if:
+
+    (a) You breach any provision of this Agreement;
+    (b) You become subject to bankruptcy, insolvency, or similar proceedings;
+    (c) MACAW Security discontinues the Software; or
+    (d) Required by law or regulatory authority.
+
+9.4 Effect of Termination. Upon termination:
+
+    (a) All licenses granted hereunder shall immediately terminate;
+    (b) You shall cease all use of the Software;
+    (c) You shall destroy all copies of the Software in Your possession; and
+    (d) Sections 1, 3, 4, 5, 6, 7, 8, 10, and 11 shall survive termination.
+
+================================================================================
+10. GOVERNING LAW AND DISPUTE RESOLUTION
+================================================================================
+
+10.1 Governing Law. This Agreement shall be governed by and construed in
+     accordance with the laws of the State of California, United States,
+     without regard to its conflict of laws principles.
+
+10.2 Jurisdiction. Any legal action or proceeding arising out of or relating
+     to this Agreement shall be brought exclusively in the state or federal
+     courts located in San Francisco County, California, and You hereby
+     consent to the personal jurisdiction and venue of such courts.
+
+10.3 Arbitration. At MACAW Security's sole discretion, any dispute arising
+     out of or relating to this Agreement may be resolved by binding
+     arbitration administered by JAMS in San Francisco, California, in
+     accordance with its Comprehensive Arbitration Rules. The arbitrator's
+     decision shall be final and binding, and judgment may be entered in
+     any court of competent jurisdiction.
+
+10.4 Class Action Waiver. YOU AND MACAW SECURITY AGREE THAT EACH MAY BRING
+     CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND
+     NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
+     REPRESENTATIVE PROCEEDING.
+
+10.5 Injunctive Relief. Notwithstanding the foregoing, MACAW Security may
+     seek injunctive or other equitable relief in any court of competent
+     jurisdiction to protect its intellectual property rights.
+
+================================================================================
+11. GENERAL PROVISIONS
+================================================================================
+
+11.1 Entire Agreement. This Agreement constitutes the entire agreement
+     between You and MACAW Security regarding the Software and supersedes
+     all prior agreements, understandings, and communications.
+
+11.2 Amendment. MACAW Security may modify this Agreement at any time by
+     posting a revised version on its website. Your continued use of the
+     Software after such modification constitutes acceptance of the
+     modified terms.
+
+11.3 Waiver. No failure or delay by MACAW Security in exercising any right
+     under this Agreement shall constitute a waiver of that right.
+
+11.4 Severability. If any provision of this Agreement is held invalid or
+     unenforceable, the remaining provisions shall continue in full force
+     and effect, and the invalid provision shall be modified to the minimum
+     extent necessary to make it valid and enforceable.
+
+11.5 Assignment. You may not assign or transfer this Agreement or any rights
+     hereunder without MACAW Security's prior written consent. MACAW Security
+     may assign this Agreement without restriction.
+
+11.6 Notices. All notices under this Agreement shall be in writing and
+     deemed given when delivered by email or certified mail. Notices to
+     MACAW Security should be sent to:
+
+     MACAW Security, Inc.
+     Email: support@macawsecurity.com
+
+11.7 Force Majeure. Neither party shall be liable for any failure or delay
+     in performance due to causes beyond its reasonable control, including
+     acts of God, natural disasters, war, terrorism, riots, embargoes,
+     acts of civil or military authorities, fire, floods, accidents,
+     strikes, or shortages of transportation, facilities, fuel, energy,
+     labor, or materials.
+
+11.8 U.S. Government Rights. If You are a U.S. Government end user, the
+     Software is a "commercial item" as defined in 48 C.F.R. 2.101,
+     consisting of "commercial computer software" and "commercial computer
+     software documentation," as such terms are used in 48 C.F.R. 12.212.
+     The Software is licensed to U.S. Government end users only as a
+     commercial item and with only those rights as are granted to all
+     other end users pursuant to this Agreement.
+
+================================================================================
+12. CONTACT INFORMATION
+================================================================================
+
+For questions, support, or to obtain a commercial license, please contact:
+
+MACAW Security, Inc.
+Email: support@macawsecurity.com
+Website: https://www.macawsecurity.ai
+
+================================================================================
+
+Copyright (c) 2025 MACAW Security, Inc. All rights reserved.