Commercial Software License Agreement

Last Updated: April 2025

This Commercial Software License Agreement ("Agreement") is entered into between Mythetech ("Licensor") and the individual or entity agreeing to these terms ("Licensee"). By downloading, installing, or using commercially licensed Mythetech software ("Software"), Licensee agrees to be bound by this Agreement.

1. Definitions
  • "Software" means the commercially licensed Mythetech product(s) identified at the time of purchase or subscription, including any updates, patches, or documentation provided during the license term.
  • "Licensee" means the individual or entity that has obtained a valid license to use the Software.
  • "License Term" means the period during which Licensee's subscription or license is active.
2. Applicable Products

This Agreement applies to Mythetech products distributed under commercial license. Currently, this includes Hermes. Other Mythetech products may be distributed under open-source licenses as specified in their respective repositories. This Agreement does not apply to open-source products.

3. Grant of License

Subject to the terms of this Agreement and payment of applicable fees, Licensor grants Licensee a non-exclusive, non-transferable, revocable license to use the Software during the License Term for Licensee's internal business or personal purposes.

The license permits Licensee to:

  • Use the Software to build and deploy applications.
  • Use the Software in development, testing, staging, and production environments.
4. Restrictions

Licensee shall not:

  • Redistribute, sublicense, sell, or otherwise make the Software available to third parties as a standalone product or component.
  • Create derivative works of the Software except as necessary to build applications using the Software.
  • Remove, alter, or obscure any proprietary notices or labels on the Software.
  • Use the Software to create a competing product or service.
  • Reverse engineer, decompile, or disassemble the Software, except as expressly permitted by applicable law.
5. Contractors

Licensee may permit contractors or consultants to use the Software on Licensee's behalf, provided that: (a) such use is solely for Licensee's benefit, (b) the contractor agrees to terms at least as protective as this Agreement, and (c) Licensee remains responsible for the contractor's compliance. Transfer of applications built with the Software to a client requires the client to obtain their own license.

6. Fees and Payment

Applicable fees are as described on the product's pricing page or as agreed in a separate order form. All fees are non-refundable except as required by applicable law. Failure to pay applicable fees may result in suspension or termination of Licensee's access to the Software.

7. Subscription and Perpetual Rights

During an active subscription, Licensee is entitled to receive updates and new releases of the Software. If a subscription lapses, Licensee retains a perpetual license to use the most recent version of the Software that was available during the subscription term, subject to the restrictions in this Agreement. Lapsed subscriptions do not include access to new versions, updates, or support.

8. Support

Support availability and terms are described on the applicable product page. Licensor may offer community support, documentation, or paid support plans at its discretion.

9. Intellectual Property

The Software and all associated intellectual property rights are and shall remain the exclusive property of Licensor. This Agreement does not convey any ownership interest in the Software. Licensee retains all rights to applications built using the Software.

10. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY LICENSEE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

12. Term and Termination

This Agreement is effective for the duration of the License Term. Either party may terminate this Agreement for material breach if such breach remains uncured for thirty (30) days after written notice. Licensor may terminate immediately if Licensee violates the license restrictions in Section 4. Upon termination, Licensee must cease all use of the Software and destroy any copies, except as permitted under Section 7 (perpetual rights for lapsed subscriptions).

13. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to its conflict of law provisions. Any disputes arising under this Agreement shall be resolved in the courts located in Washington, D.C.

14. Contact

For licensing inquiries, please contact us at support@mythetech.com.