Commercial License Agreement

1. Grant of License

1.1 Dual Licensing Model

1.2 Commercial License Scope

Subject to your compliance with this Agreement and payment of applicable fees, GemBoost Framework grants you a limited, non-exclusive, non-transferable, revocable license to access and use the GemBoost installer executable on devices you own or control. This license applies only to the installer executable and license validation system. The core configuration files installed by this software remain under MIT License.

1.3 Permitted Uses

1.4 License Activation

• Each license permits activation on devices under your control
• Hardware-based activation prevents unauthorized sharing
• Internet connectivity required for initial activation and periodic validation
• Grace periods provided for temporary connectivity issues

2. Ownership and Intellectual Property

2.1 GemBoost Ownership

GemBoost Framework retains all rights, title, and interest in and to the GemBoost software, including all intellectual property rights. This license does not transfer ownership of the software to you.

2.2 Your Content and Projects

• Full Ownership: You retain complete ownership of all code, projects, and content you create using GemBoost
• No Claims: GemBoost Framework makes no claims to your intellectual property
• Commercial Use: You may freely use your creations for personal or commercial purposes
• Attribution: No attribution to GemBoost required in your projects or distributions

2.3 Third-Party Components

GemBoost incorporates various third-party software components, each governed by their respective license terms. A complete list of third-party licenses is available in the THIRD_PARTY_LICENSES.md file included with the software.

3. Payment Terms

3.1 Pricing Model

GemBoost uses a one-time purchase model:

• Single Payment: $29.99 USD per license
• Lifetime Access: Permanent access to your purchased major version
• Updates Included: All minor updates and patches within your major version
• No Subscriptions: No recurring fees or subscription requirements

3.2 Payment Processing

• All payments processed securely through Stripe
• Supported payment methods include major credit cards and PayPal
• Payment confirmation triggers immediate license key delivery
• All transactions include applicable taxes and fees

3.3 Major Version Upgrades

Future major version upgrades (e.g., v1.x to v2.x) may require additional payment:

• Existing license holders receive significant discounts on major upgrades
• No obligation to upgrade - your current version remains fully functional
• Advance notice provided for major version releases
• Separate license agreement may apply to major version upgrades

4. Support and Maintenance

4.1 Included Support

Your license includes:

• Contact Support: Technical assistance via https://gemboost.dev/contact
• Documentation Access: Complete guides, tutorials, and reference materials
• Bug Fixes: Patches for confirmed software defects at no additional cost
• Community Resources: Access to community forums and discussions

4.2 Support Limitations

• Support provided on best-effort basis during business hours
• No guaranteed response times or service level agreements
• Custom development and consulting services not included
• Support for third-party integrations limited to GemBoost functionality

4.3 Software Updates

Updates within your major version include:

• Security Patches: Critical security fixes applied promptly
• Bug Fixes: Resolution of reported software defects
• Performance Improvements: Optimizations and efficiency enhancements
• Feature Additions: New capabilities within the same major version

5. License Transfer and Termination

5.1 License Transfer

Licenses are generally non-transferable, with limited exceptions:

• Hardware Changes: Transfer between your own devices for hardware upgrades
• Business Acquisition: Transfer may be permitted in case of business sale or merger
• Inheritance: Transfer to legal heirs in case of death with proper documentation
• Prior Approval: All transfers require prior written approval from GemBoost Framework

5.2 Termination by You

• You may terminate this license at any time by uninstalling the software
• Termination does not entitle you to a refund of license fees
• You must destroy all copies of the software upon termination

5.3 Termination by Us

We may terminate your license for:

• Material breach of this license agreement
• Violation of intellectual property rights
• Fraudulent use or sharing of license keys
• Use for illegal or harmful purposes

5.4 Effect of Termination

Upon termination:

• Your right to use GemBoost immediately ceases
• You must uninstall and destroy all copies of the software
• License validation servers may block your access
• Sections regarding limitations of liability and disputes survive termination

6. Warranties and Disclaimers

6.1 No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GEMBOOST FRAMEWORK DISCLAIMS ALL WARRANTIES, INCLUDING:

• MERCHANTABILITY: No warranty that the software is suitable for your purposes
• FITNESS FOR PURPOSE: No guarantee the software will meet your specific needs
• NON-INFRINGEMENT: No warranty against third-party intellectual property claims
• ERROR-FREE OPERATION: Software may contain bugs, errors, or defects
• UNINTERRUPTED SERVICE: License validation and software operation may be interrupted

6.2 Risk Assumption

You acknowledge and agree that:

• Use of GemBoost is at your sole risk and discretion
• You are responsible for determining suitability for your intended use
• You assume all risks associated with software installation and operation
• Backup and security of your data and systems is your responsibility

7. Limitation of Liability

7.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GEMBOOST FRAMEWORK'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR LICENSE.

7.2 Excluded Damages

WE SHALL NOT BE LIABLE FOR:

• Loss of profits, revenue, or business opportunities
• Loss of data, files, or work product
• Business interruption or work stoppage
• Indirect, incidental, special, or consequential damages
• Punitive or exemplary damages
• Damages resulting from third-party claims or actions

7.3 Essential Purpose

These limitations are essential to this agreement and the basis for the license fee. Without these limitations, this license would not be offered.

8. Governing Law and Disputes

8.1 Governing Law

This license agreement is governed by the laws of Italy, without regard to conflict of law principles.

8.2 Jurisdiction

Any disputes arising from this agreement must be resolved in the courts of Milan, Italy. You consent to the personal jurisdiction of such courts.

8.3 Dispute Resolution

Before pursuing legal action:

1. Contact us at https://gemboost.dev/contact to discuss the dispute
2. Allow 30 days for good faith negotiation and resolution
3. Consider mediation if direct negotiation is unsuccessful

9. General Provisions

9.1 Entire Agreement

This license agreement, together with the Terms of Service and Privacy Policy, constitutes the complete agreement between you and GemBoost Framework regarding the software.

9.2 Modifications

This agreement may be modified only by written agreement signed by both parties, or by updated terms provided with software updates.

9.3 Severability

If any provision is found unenforceable, the remainder of the agreement remains in effect.

9.4 Assignment

You may not assign this license without prior written consent. We may assign our rights and obligations without restriction.

10. Contact Information