SPQRK SOFTWARE LICENSE v1.1
Applies to: PhraseVault
1. Definitions
- "Software" means the software application distributed under this License, including executable programs, configuration files, and any updates provided under this License.
- "Licensor" means SPQRK Web Solutions, Gerhard Petermeir.
- "Licensee" / "you" means the individual or legal entity using the Software.
- "Seat" means one licensed, named natural person who is allowed to use the Software.
- "Version" means any release of the Software identified by a version number (for example, 2.2.2).
- "Major Version" means a Version where the first number in the version string changes (for example, 1.x to 2.0, or 2.x to 3.0).
- "Trial Period" means the evaluation period per Seat starting from first activation or use of the Software by that Seat.
- "Official Purchase Channels" means the product's official website and any other sales channels designated as official in Licensor's documentation.
- "Proof of Purchase" means a valid receipt, invoice, or license confirmation from an Official Purchase Channel.
- "License Key" means a cryptographically signed string provided by Licensor upon valid purchase, used to verify license validity.
- "Source Code" means the human-readable form of the Software, if and when made available by Licensor.
2. License Grant, Acceptance, Trial & Commercial
2.1 By installing, copying, accessing, or using the Software, you accept this SPQRK License. If you do not agree, do not install or use the Software. The Software is licensed, not sold.
2.2 Trial License. Licensor grants you a limited, non-exclusive, non-transferable license to use the Software during the Trial Period, per Seat, free of charge, solely to evaluate the Software for your personal or internal business purposes. The Trial Period duration is specified in the Software or its documentation.
2.3 After the Trial Period for a Seat ends, that Seat must either purchase a commercial license for the Software through an Official Purchase Channel or cease all use of the Software for that Seat.
2.4 Commercial License (Per-Seat). Upon valid purchase of a Seat through an Official Purchase Channel and subject to this License, Licensor grants you a non-exclusive, non-transferable (except as in Section 3.3), worldwide license for that Seat to:
- install and use the Software on any number of devices used by the named Seat; and
- use the Software for personal or internal business purposes.
2.5 Lifetime & Upgrades. The license for each Seat is lifetime and includes all future updates and Versions of the Software made available by Licensor to the public, subject to the following:
- Licensor may designate a future Major Version as a separate product requiring a new license (for example, from Version 2.x to 3.0); and
- if you do not purchase such new Major Version, your existing license remains valid for the latest Version you are then entitled to use.
2.6 License Verification.
(a) License Keys. Upon valid purchase, Licensor provides a License Key for each Seat. The License Key serves as cryptographic proof of your license. You may activate the Software using your License Key on any device used by the licensed Seat.
(b) Local Verification. License Keys are verified entirely on your device using cryptographic signatures. The Software does not transmit license information, usage data, or personal information to Licensor or any third party. There is no "phone home" or online activation requirement.
(c) Privacy-First Design. Licensor has intentionally designed license verification to be fully offline and privacy-preserving. No server connection is required after initial key retrieval, and no usage tracking occurs.
(d) Multi-Seat Compliance. For multi-seat purchases, Licensee is responsible for ensuring that only the purchased number of Seats use the Software. There is no technical enforcement of Seat limits; this License relies on honest compliance, and the obligations remain legally binding.
(e) Key Recovery. If you lose your License Key, you may recover it through the Official Purchase Channel using the email address associated with your purchase.
3. Seats, Use, Transfers & Hosted Use
3.1 Each Seat must correspond to one natural person. Multiple people may not share a Seat.
3.2 A Seat holder may use the Software on any number of devices they personally use.
3.3 A Seat may be reassigned (transferred) to a different person (for example, when an employee leaves), provided that the previous holder permanently ceases all use of the Software.
3.4 You may run the Software on your own infrastructure (including company servers or virtual machines) for the benefit of licensed Seats.
3.5 If you provide the Software as a hosted or managed service to others, each human end user who directly interacts with the Software's user interface must hold a valid Seat, unless Licensor agrees otherwise in writing. People who only view or use content created with the help of the Software do not need a Seat.
4. Source Code, Modifications & Contributions
4.1 Source Code Availability. Whether Source Code is made available for the Software is determined by Licensor on a per-product basis and may change over time. The current source availability status for each product is published on its Official Purchase Channel. Availability of source code does not change the terms of this License or grant additional rights beyond those expressly stated.
PhraseVault Source Availability: The Source Code for PhraseVault is currently made available. See phrasevault.app for details.
4.2 If Source Code is Available. Where Licensor makes Source Code available:
(a) you may view the Source Code; (b) for licensed Seats, you may modify the Source Code for your own internal use only; and (c) you may not distribute, publish, or resell the Software (original or modified), in source or binary form, except with Licensor's prior written consent.
4.3 If you provide feedback, suggestions, or code modifications (including pull requests) to Licensor, you grant Licensor a worldwide, perpetual, irrevocable, royalty-free license to use, modify, incorporate, distribute, and sublicense such feedback or modifications in any form and for any purpose, without obligation to you.
5. Restrictions
You shall not, and shall not permit others to:
- use the Software for any Seat after that Seat's Trial Period ends without a paid license;
- redistribute, sell, sublicense, rent, lease, or lend the Software, in source or binary form, original or modified, except as expressly allowed by Licensor in writing;
- remove or alter any proprietary notices or attribution in the Software;
- falsify, forge, or misrepresent Proof of Purchase, License Keys, or the number of Seats you are licensed for;
- circumvent, disable, or tamper with any license verification mechanism in the Software;
- share, publish, or distribute License Keys to unauthorized parties;
- use the Software to develop a directly competing product.
This License relies in part on honest compliance; there is no technical enforcement of all restrictions, but the obligations remain legally binding.
6. Updates & Third-Party Components
6.1 Licensor may provide updates, bug fixes, or improvements from time to time. Unless expressly stated otherwise, such releases made available to the public are covered by Section 2.5. Licensor is not obligated to provide new features, enhancements, or support, except as it chooses.
6.2 The Software includes third-party components that are licensed under their own terms (for example, MIT-, BSD-, or Apache-style licenses). Copies of these licenses are provided in the distribution or repository. Nothing in this License limits your rights under the applicable third-party licenses. To the extent of any conflict between this License and a third-party license, the third-party license governs your use of that specific component.
7. Warranty & Liability
7.1 Warranty Disclaimer. THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS. LICENSOR MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
7.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SOFTWARE OR THIS LICENSE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.3 LICENSOR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SOFTWARE OR THIS LICENSE SHALL NOT EXCEED THE AMOUNT YOU PAID TO LICENSOR FOR THE SEATS GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT CAUSING LIABILITY.
7.4 NOTHING IN THIS LICENSE EXCLUDES OR LIMITS LIABILITY FOR INTENT, GROSS NEGLIGENCE, OR BODILY INJURY WHERE SUCH LIMITATION IS NOT PERMITTED UNDER APPLICABLE LAW, IN PARTICULAR UNDER AUSTRIAN LAW.
8. Term, Law & Miscellaneous
8.1 This License for a Seat begins upon installation or use of the Software by that Seat and continues for the lifetime of the license as described in Section 2, unless terminated earlier under this Section.
8.2 Licensor may terminate this License for a Seat immediately if you materially breach this License and fail to cure the breach (if curable) within thirty (30) days of written notice.
8.3 Upon termination of a Seat's license, that Seat must cease all use of the Software and delete or disable all copies in its possession or control. Other Seats remain unaffected.
8.4 This License is governed by the laws of Austria, excluding its conflict-of-laws rules. Any disputes arising out of or relating to this License or the Software shall be submitted to the competent courts of Austria, and the parties consent to such jurisdiction and venue.
8.5 This License is the entire agreement between you and Licensor regarding the Software and supersedes all prior or contemporaneous agreements on that subject. If any provision of this License is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
8.6 You may not assign or transfer this License (other than reassigning Seats as permitted in Section 3.3) without Licensor's prior written consent. Licensor may assign this License in connection with a merger, acquisition, or sale of assets.
8.7 No failure or delay in enforcing any provision shall constitute a waiver of that or any other provision.
8.8 Pre-Purchase Disclosure. This License is made available for review on the Official Purchase Channel before purchase. By purchasing the Software, you acknowledge that you have had the opportunity to review these terms.