Draft: this licence still has CONTACT EMAIL, JURISDICTION to fill in.

bmx End-User License Agreement

This Agreement governs your use of the bmx software in binary form ("the Software"). By installing, running, or otherwise using the Software you accept these terms. If you do not accept them, do not use the Software.

The bmx source code is not covered by this Agreement; it is proprietary and governed by LICENSE.

1. Definitions

"Non-Commercial Use" means use by an individual for personal, hobby, educational, academic, or evaluation purposes, where the use is not intended for or directed toward commercial advantage or monetary compensation. Use by or on behalf of a business, and use to produce goods or services that are sold, hired out, or otherwise supplied for consideration, is not Non-Commercial Use.

"Commercial Use" means any use that is not Non-Commercial Use.

"Device" means a single machine on which the Software is installed and run.

2. License grant

Subject to these terms, Amken USA grants you a personal, non-exclusive, non-transferable, revocable license to install and run the Software for Non-Commercial Use on any number of Devices, free of charge.

Commercial Use requires a paid license from Amken USA. No Commercial Use right is granted by this Agreement. Contact [[ CONTACT EMAIL ]] for commercial licensing.

3. Restrictions

You may not:

distribute, publish, sell, rent, lease, sublicense, or otherwise make the Software available to any third party;
modify, adapt, translate, or create derivative works of the Software;
reverse engineer, decompile, or disassemble the Software, except to the extent that applicable law expressly permits despite this limitation;
remove, obscure, or alter any copyright, trademark, or other proprietary notice in or displayed by the Software;
use the Software to develop a competing product.

4. Third-party components

The Software incorporates third-party open-source components, listed with their licenses and copyright notices in THIRD-PARTY-NOTICES.md and reproduced on the device under Settings > Licenses. Those components are licensed to you under their own terms, and nothing in this Agreement limits, restricts, or supersedes any right granted to you under those terms.

5. Safety — read this

The Software controls physical machinery, including heating elements and motion systems, which can reach high temperatures and exert force. It is supplied for use with equipment that is expected to be operated under supervision.

The Software is not certified, qualified, or fit for safety-critical, medical, life-support, aviation, automotive, nuclear, or any application in which failure could lead to death, personal injury, or physical or environmental damage.

You are solely responsible for the safe design, construction, installation, configuration, supervision, and operation of any machine running the Software, including the provision of independent hardware safety measures such as thermal cut-offs, fusing, and fire detection. Software safety features, including thermal runaway protection and endstop or soft-limit handling, may fail or be misconfigured and must not be relied upon as the sole protection against hazards.

6. Updates

Amken USA may, but is not obliged to, provide updates to the Software. Updates are covered by this Agreement unless supplied with different terms.

7. Term and termination

This Agreement takes effect when you first use the Software and continues until terminated. It terminates automatically and immediately if you breach any of its terms. On termination you must cease all use of the Software and destroy all copies in your possession.

8. Disclaimer of warranty

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AMKEN USA DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT IT WILL MEET YOUR REQUIREMENTS.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMKEN USA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR FOR DAMAGE TO OR DESTRUCTION OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THIS AGREEMENT, ON ANY THEORY OF LIABILITY, WHETHER OR NOT AMKEN USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMKEN USA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) FIFTY UNITED STATES DOLLARS (USD 50).

Some jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, so some of the above exclusions and limitations may not apply to you. Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited.

10. General

This Agreement is governed by the laws of [[ JURISDICTION ]], without regard to its conflict-of-law rules. If any provision is held unenforceable, the remaining provisions remain in full force. This Agreement is the entire agreement between you and Amken USA concerning the Software, and supersedes any prior understanding, except that a signed commercial license agreement prevails over this Agreement to the extent of any conflict.

Amken USA may modify this Agreement for future versions of the Software; the version supplied with a given release governs that release.

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Commercial licensing: [[ CONTACT EMAIL ]]