PHOENIX OPERATING SYSTEM PRE-RELEASE END-USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS DOCUMENT IN ITS ENTIRETY
This End-User License Agreement (hereinafter, “Agreement”) creates a legally binding Agreement between you, as an end user of our services (hereinafter, “End User”), and JackMacWindows (hereinafter, “Developer”). You will be referred to through second-person pronouns such as “your” and “yours.” We, the Developer, will be referred to with pronouns such as “us,” “our,” and “ours.” Collectively, you and the Developer may be referred to as the “Parties” and individually as “Party.”
This license governs the use of all software products as part of the Phoenix operating system (hereinafter, “Software”), specifically:
- “Phoenix” kernel
- “startmgr” initialization system
- “libsystem” library
- “libcraftos” library
- “baseutils” programs (excluding “cash”)
- “usermgr” program
By accessing, downloading, installing, or otherwise using our Software in any way, you agree to be bound by this Agreement in its entirety. If you do not agree, you must cease use of the Software immediately.
SOFTWARE LICENSE
When you lawfully access the Software, whether through purchase or other lawful means, we grant you, subject to all of the terms and conditions of this Agreement, a non-exclusive, non-transferable, limited, revocable personal license to use the Software (“License”). This License may not be used for any business or commercial purposes. This License may not be transferred to any third parties without express, lawful, written permission from the Developer and this License terminates upon your cessation of use of the Software.
This License shall be applicable to all lawful End Users of the Software, unless a separate written agreement has been executed between you and the Developer.
RESTRICTIONS
The License provided hereunder is subject to the following additional restrictions:
a) You agree not redistribute or reproduce the Software, in whole or in part, to any other party. b) You are granted permission to modify the Software; however, you agree to not distribute or disclose derivative works to any other party.
ADDITIONAL TERMS
Additional terms may be applicable to the Parties’ relationship with each other, such as the Developer Terms & Conditions or Terms of Use, the Developer Privacy Policy, and any other such written agreements governing your relationship with us. Nothing contained herein is intended to restrict the terms of any other written agreement. Instead, all relevant documents shall be construed as broadly as possible.
INTELLECTUAL PROPERTY
You agree that the Software, Developer website and all services provided by the Developer are the property of the Developer, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Developer IP”). You agree that the Developer owns all right, title and interest in and to the Developer IP and that you will not use the Developer IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Developer IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Developer.
REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Violate the security of the Software through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network;
b) Copy or otherwise distribute copies of the Software unlawfully, such as through any peer-to-peer network or other intellectual property circumvention tool.
INDEMNIFICATION
You agree to defend and indemnify the Developer and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Software, your breach of this Agreement, or your conduct or actions. You agree that the Developer shall be able to select its own legal counsel and may participate in its own defense, if the Developer wishes.
SERVICE INTERRUPTIONS
The Developer may need to interrupt access to the Software to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Software may be affected by unanticipated or unscheduled downtime, for any reason, but that the Developer shall have no liability for any damage or loss caused as a result of such downtime.
NO WARRANTIES
You agree that your use of the Software is at your sole and exclusive risk and that the Software is provided on “As Is” basis. The Developer hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Developer makes no warranties that the Software will meet your needs or that access to the Software will be uninterrupted or error-free. The Developer also makes no warranties as to the reliability or accuracy of any information contained within the Software. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Software is your sole responsibility and that the Developer is not liable for any such damage or loss.
LIMITATION ON LIABILITY
The Developer is not liable for any damages that may occur to you as a result of your use of the Software, to the fullest extent permitted by law. The maximum liability of the Developer arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount you paid to the Developer in the last six (6) months. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
DISPUTE RESOLUTION & GOVERNING LAW
All disputes will be resolved as provided for in the Terms & Conditions or Terms of Service. Should Developer not have a live version of any Terms document or any other provisions in any user-facing document covering dispute resolution and governing law, the laws of Michigan shall govern any matter or dispute relating to or arising from this EULA or the Developer’s relationship with End User.
ASSIGNMENT
This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased or otherwise transferred by the Developer, the rights and liabilities of the Developer will bind and inure to any assignees, administrators, successors, and executors.
HEADINGS FOR CONVENIENCE ONLY
Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
NO AGENCY, PARTNERSHIP OR JOINT VENTURE
No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
FORCE MAJEURE
The Developer is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
ELECTRONIC COMMUNICATIONS PERMITTED
Electronic communications are permitted to both Parties under this Agreement, including e-mail or online chat over the Discord platform. For any questions or concerns, please email us at the following address: jackmacwindowslinux (gmail.com), or contact us on Discord at the following username: JackMacWindows#9776.