Commercial License Agreement¶
This Commercial License Agreement ("Agreement") is entered into by and between Penguin Technologies Inc. ("Licensor") and the purchaser ("Licensee").
1. Grant of License¶
Licensor hereby grants Licensee a non-exclusive, non-transferable, worldwide license to use the Android application "Gazer Mobile Stream Studio" ("Software") for commercial purposes, subject to the terms and conditions of this Agreement.
2. Restrictions¶
Licensee shall not: - Copy, modify, or create derivative works of the Software except as expressly permitted. - Reverse engineer, decompile, or disassemble the Software. - Distribute, sublicense, rent, lease, or transfer the Software to any third party except through authorized channels (e.g., Google Play Store).
3. Ownership¶
Licensor retains all rights, title, and interest in and to the Software, including all intellectual property rights.
4. Updates and Support¶
Licensor may provide updates or support at its sole discretion. Licensee is not entitled to any updates or support unless specified in a separate agreement.
5. Warranty Disclaimer¶
The Software is provided "AS IS" without warranty of any kind. Licensor disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
6. Limitation of Liability¶
Licensor shall not be liable for any damages arising out of the use or inability to use the Software, including but not limited to loss of profits, data, or business interruption.
7. Termination¶
This Agreement is effective until terminated. Licensor may terminate this Agreement if Licensee breaches any term. Upon termination, Licensee must cease all use of the Software.
8. Governing Law¶
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
9. Entire Agreement¶
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements.