End User Licence Agreement

Software - vallus, in the object-code (binary) form distributed by the Licensor, including the bundled web interface, command-line tools, documentation and any updates supplied under this Agreement.

Licensor - Piotr Gajownik, trading as ExpandIt, ul. Paryska 20B, 44-240 Zory, Poland, NIP 5321875710 (EU VAT PL5321875710)

Licensee - the legal entity that obtained the Software.

Licence Key - the signed key issued by the Licensor that enables the Software. See section 4.

Commercial Agreement - a separate signed agreement between the parties covering fees, tier, support and service levels (for example the Annual Subscription Licence).

Third-Party Components - open-source components distributed with the Software, listed in THIRD_PARTY_NOTICES.txt in the distribution archive.

2.1 Subject to the Licensee holding a valid Licence Key and complying with this Agreement, the Licensor grants a non-exclusive, non-transferable, non- sublicensable, revocable licence to install and use the Software:

• (a) in production and non-production environments;
• (b) within the Licensee's own organisation only, for its own internal business purposes;
• (c) self-hosted on infrastructure the Licensee controls, on premises or in a cloud tenancy of its own - including networks with no outbound connectivity;
• (d) within the limits encoded in the Licence Key.

2.2 No source code rights are granted. The Software is supplied in binary form only. Nothing in this Agreement gives the Licensee any right to obtain, receive, inspect or modify the source code. The Annual Subscription Licence says the same. The single exception is the Commercial Source Licence Agreement, a separate signed product: where it is in force, it governs source access and prevails over this clause to that extent.

2.3 The Licensee may make a reasonable number of copies for backup and disaster recovery, subject to the same restrictions.

The Licensee shall not:

• (a) redistribute, resell, lease, lend, publish or otherwise make the Software available to any third party;
• (b) sublicense the Software, or offer it or any part of it to third parties as a service (SaaS, managed service, testing-as-a-service or similar);
• (c) use the Software for the benefit of any entity other than the Licensee, including subsidiaries and affiliates not covered by a Commercial Agreement;
• (d) embed or incorporate the Software into a product or service the Licensee distributes;
• (e) circumvent, disable, move, replace or tamper with the Licence Key mechanism or the licence gate, or use the Software beyond the limits encoded in a Licence Key, or use a key not issued to the Licensee;
• (f) remove, alter or obscure any copyright notice, licence text, attribution or version identifier in the Software or its output;
• (g) decompile, disassemble or otherwise reverse engineer the Software, except to the extent such an act cannot lawfully be prohibited. Within the European Union, the rights under Articles 5(3) and 6 of Directive 2009/24/EC are unaffected by this Agreement, and the Licensee shall request the interoperability information from the Licensor in writing before exercising them;
• (h) publish benchmark or comparative results relating to the Software without the Licensor's prior written consent.

4.1 The Software requires a valid Licence Key to operate. Without a valid key the Software performs no useful work: project dashboards do not start and queued runs do not execute.

4.2 The key is issued to the Licensee by name and encodes the tier and its limits. It is confidential and shall not be shared, published or transferred.

4.3 An expired, revoked or invalid key ends the right to use the Software under section 2. The Licensee may continue to hold the installed copy for the sole purpose of restoring service once a valid key is supplied.

4.4 The Software performs no licence check over the network. Key verification is entirely local, by signature, so the Software runs in networks with no outbound connectivity.

The Software is licensed, not sold. All intellectual property rights in the Software remain with the Licensor. Nothing in this Agreement transfers ownership of anything. Feedback the Licensee chooses to provide may be used by the Licensor without obligation or attribution.

The Software includes Third-Party Components licensed under their own terms, reproduced in THIRD_PARTY_NOTICES.txt. Those terms govern those components and, to the extent they conflict with this Agreement in respect of a component, they prevail for that component.

The Software processes the Licensee's test results, environment variables and configuration on the Licensee's own infrastructure. It sends no telemetry, usage statistics or test data to the Licensor and makes no outbound connection except to systems the Licensee configures itself (a Git remote, a vault, a reporting or notification endpoint).

8.1 This Agreement takes effect when the Licensee first installs or uses the Software and continues while the Licensee holds a valid Licence Key.

8.2 The Licensor may terminate this Agreement on written notice if the Licensee materially breaches it and, where the breach is capable of remedy, fails to remedy it within 30 days of notice. A breach of section 3(e) - tampering with the licence mechanism - is not capable of remedy.

8.3 On termination the Licensee shall cease all use of the Software and delete all copies, other than copies it must retain by law. Sections 3, 5, 6, 9, 10 and 11 survive.

9.1 The Licensor warrants that it has the right to grant this licence.

9.1a The Licensor warrants that the Software transmits no test data, test results, configuration or usage telemetry to the Licensor or to any third party, and requires no network access to verify the Licence Key. This warranty is given to every Licensee, including one holding a free or evaluation key, and is verifiable at any time by observing the Software's outbound traffic.

9.2 Otherwise the Software is provided "as is". To the fullest extent permitted by applicable law, the Licensor disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement and uninterrupted or error-free operation.

9.3 Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded, nor any mandatory statutory rights of a Licensee that is a consumer.

10.1 Neither party is liable for indirect or consequential loss, loss of profit, revenue, data or anticipated savings.

10.2 To the fullest extent permitted by law, the Licensor's total aggregate liability arising out of or in connection with this Agreement is limited to the greater of:

• (a) the fees paid by the Licensee to the Licensor for the Software in the twelve months preceding the event giving rise to the claim; and
• (b) EUR 5,000.

10.3 Sections 10.1 and 10.2 do not apply to liability for death or personal injury caused by negligence, fraud, or anything else that cannot lawfully be limited.

11.1 Precedence. Where a Commercial Agreement is in force between the parties and conflicts with this Agreement, the Commercial Agreement prevails. This Agreement continues to govern anything the Commercial Agreement does not address, and governs in full where there is no Commercial Agreement.

11.2 No conversion. This licence does not convert into any other licence, does not become an open-source licence, and is not time-limited other than as set out in section 8.

11.3 Assignment. The Licensee may not assign or transfer this Agreement without the Licensor's prior written consent, which shall not be unreasonably withheld in the case of a merger or the sale of substantially all of its business.

11.4 Export. The Licensee shall comply with applicable export control and sanctions law.

11.5 Governing law and jurisdiction. This Agreement is governed by the law of Poland, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods. The courts competent for the Licensor's registered seat in Poland have exclusive jurisdiction.

11.6 Entire agreement. Together with any Commercial Agreement, this document is the entire agreement between the parties concerning the Software and supersedes any prior licence terms distributed with earlier copies, including the Business Source License 1.1.

11.7 Severability. If any provision is held unenforceable, the rest remains in force.