BlacKat License v1.2

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DEFINITIONS

1. "Software" refers to any software, code, script, program, application, library, framework, tool, digital asset, or any other software product, whether existing now or in the future, provided under this license, including all accompanying files, documentation, and assets. It may also include any related updates, improvements, patches, or modifications that are distributed under this License.
2. "You," "Your," "Licensee," or "User" refers to the individual or entity using, distributing, or otherwise engaging with the Software in accordance with the terms set forth in this License.
3. "Authors" refers to the original creators, developers, or contributors of the Software, including individuals or organizations. This may also include those who later contribute to the Software through bug fixes, features, or modifications, unless explicitly stated otherwise.
4. "Derivative Works" refers to any new creation that includes modifications, enhancements, adaptations, or alterations to the Software, including but not limited to code modifications, rebranding, or re-implementation of the Software, whether done in part or as a whole.

LICENSE GRANT AND SCOPE

1. Grant of License:
   Subject to your compliance with all the terms and conditions set forth in this License Agreement, the Authors hereby grant you a non-exclusive, non-transferable, revocable license to use, distribute, and share the Software solely for non-commercial purposes, unless otherwise expressly permitted in writing by the Authors. This License grants you the right to:

   • Download, install, and use the Software in a non-production environment for testing, educational, research, or personal use.
   • Distribute copies of the Software, provided that each copy includes the full text of this License and any applicable notices, trademarks, or copyright statements in their original form.
   • Make and use copies of the Software solely for non-commercial purposes such as academic research, study, or technical experimentation.

2. License Limitations: You may not use the Software for any commercial purpose unless you have received prior, explicit, and written consent from the Authors. Unauthorized commercial use includes, but is not limited to, the sale, sublicensing, lease, or any profit-driven exploitation of the Software or its derivatives.

   • You shall not modify, reverse-engineer, decompile, disassemble, or create derivative works based on the Software unless permitted by applicable law or with express prior permission from the Authors.
   • You shall not impose any additional restrictions or conditions on the Software that would prevent others from using or distributing it under the terms of this License.

SPECIFIC PROHIBITIONS AND RESTRICTIONS

1. Unauthorized Commercial Use: In the event that the Software is used for commercial purposes without explicit authorization by the Authors, the Licensee shall:

   • Immediately cease all unauthorized commercial activities involving the Software.
   • Compensate the Authors for the total amount of profit made from the unauthorized use of the Software, excluding taxes imposed by law on such profit. The compensation must be paid to the Authors within 30 days of being notified by them.

2. Derivative Works and Modifications:

   • If you create derivative works or modifications of the Software, you may not share or distribute them without the prior consent of the Authors.
   • If any derivative work or modification is shared without authorization, you are required to remove the work from all online platforms and cease distribution immediately. You are also required to pay damages for any losses incurred by the Authors, including but not limited to legal fees and reputational harm.

3. Copying and Claiming Ownership:

   • You may not copy, reproduce, or distribute any part of the Software, nor may you claim the Software as your own, whether in part or in whole.
   • If you create a derivative of the Software that is similar or identical in purpose, functionality, or appearance and attempt to pass it off as your own work (or as a variation of the Software), you must immediately remove such derivative from all platforms and pay the Authors compensation for any harm caused.

4. Imposing Additional Restrictions:

   • You shall not impose any additional restrictions or proprietary claims on the Software when distributing or sharing it. For example, you may not require others to obtain permission, pay a fee, or abide by other restrictions that conflict with the terms of this License.
   • If you impose additional restrictions, you are required to pay compensation to the Authors for any damages caused by such restrictions.

LIABILITY AND DISCLAIMERS

1. No Warranty and Limitation of Liability:

   • The Software is provided "as-is," with no warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. The Authors make no representations or guarantees about the Software’s functionality, compatibility, or effectiveness.
   • To the fullest extent permitted by applicable law, the Authors shall not be held liable for any direct, indirect, incidental, special, or consequential damages arising from the use, misuse, or inability to use the Software, including but not limited to loss of profits, data loss, or business interruption.

2. Indemnification: You agree to indemnify, defend, and hold harmless the Authors, their affiliates, and licensors from and against any claims, damages, liabilities, losses, costs, or expenses (including legal fees) arising from your use of the Software, or from any violation of the terms of this License. This includes, but is not limited to, claims from third parties based on copyright infringement, data protection violations, or any misuse of the Software.

GOVERNING LAW AND DISPUTE RESOLUTION

1. Governing Law:
   This License shall be governed by and construed in accordance with the laws of any country, without regard to its conflict of law provisions.

2. Dispute Resolution:
   Any dispute, controversy, or claim arising out of or in connection with this License shall be resolved through binding arbitration. The arbitration shall be conducted in Milan, Italy, under the rules of the International Chamber of Commerce (ICC).

3. Jurisdiction:
   Notwithstanding the above, the Authors may seek legal remedies, including injunctive relief, in any court of competent jurisdiction to prevent unauthorized use or distribution of the Software.

DATA PROTECTION

1. GDPR Compliance: If the Software processes personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR), you are responsible for ensuring that any processing of personal data is compliant with such laws. The Software does not inherently collect personal data unless specified in the documentation, and any collection or processing is subject to the relevant data protection laws.

2. Personal Data Handling: If the Software collects or processes personal data, the Authors do not claim ownership of such data but will take reasonable measures to secure it as required by law. However, the Authors will not be responsible for any data breaches or misuse of personal data arising from your use of the Software.

TERMINATION OF LICENSE

1. Automatic Termination:
   The License granted under this agreement will automatically terminate if you fail to comply with any provision of this License. Upon termination, you must cease using the Software immediately and remove it from all platforms where it has been distributed or shared.

2. Effect of Termination: Upon termination of this License, all rights granted to you will revert to the Authors, and you shall have no further rights to use, distribute, or modify the Software unless you receive explicit permission from the Authors.

INTERNATIONAL APPLICABILITY

This License is applicable worldwide, and its terms shall apply in all jurisdictions where applicable law permits. By using this Software, you agree to comply with the terms of this License and acknowledge that any legal action will be pursued in accordance with international legal standards.

VALIDITY OF LICENSE CLAUSES

In the event that any provision or clause of this License is found to be invalid or unenforceable under the laws of the jurisdiction in which it is being applied, such provision shall be deemed modified to the minimum extent necessary to bring it into compliance with the applicable laws. If such modification is not possible, the provision shall be deemed severed from the License without affecting the validity of the remaining provisions.

The Authors shall not be held liable for any criminal or civil consequences resulting from the use or distribution of the Software. The License is not intended to impose any penalty or legal consequences on the Authors in any jurisdiction where it may conflict with local laws or regulations.

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By using this Software, You agree to these terms.

AUTHORS

• Kat2800 (GitHub: https://github.com/Kat2800/)

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