IMPORTANT - READ CAREFULLY: This Software License Agreement ("Agreement") is a legal agreement between you (the "Licensee") and CryptoLab ("Licensor") for the use of CODE.HEAAN (the "Service"), including the HEaaN library (the "Library") or SDK (the “Software”) pre-installed within the instance allocated to the Licensee's workspace container.
BY ACCESSING OR USING THE SERVICE, THE LICENSEE AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF THE LICENSEE DOES NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE LICENSEE MUST NOT ACCESS OR USE THE SERVICE.
1. License Grant (Beta Version)
Subject to the terms and conditions of this Agreement, the Licensor grants the Licensee a limited, non-exclusive, non-transferable, and revocable license to access and use the Service, including the pre-installed Library, solely for the purpose of developing non-commercial Fully Homomorphic Encryption (FHE) applications during the beta testing phase of the Service.
2. Restrictions
The Licensee agrees not to:
- Reverse Engineer: Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Library, in whole or in part, except to the extent expressly permitted by applicable law notwithstanding this limitation.
- Commercial Use (Beta Version): Develop, use, or distribute any FHE applications developed using the Service or the Library for commercial purposes during the beta testing phase. This license is strictly limited to non-commercial research, evaluation, and testing purposes.
- Sublicense, rent, lease, lend, sell, transfer, assign, or otherwise distribute the Service or the Library, or any portion thereof.
- Modify, adapt, or create derivative works based upon the Service or the Library, except to the extent necessary for the development of non-commercial FHE applications within the Service's intended functionality.
- Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) displayed within the Service or the Library.
- Disclose, distribute, copy, display, or otherwise make any confidential information available to any third party without prior written consent from CryptoLab. All materials, software, documentation, communications, and feedback related to the Service are proprietary and confidential. These confidentiality obligations will remain in force for two (2) years after completion of the beta testing phase of the Service or public release of the Service, whichever comes first.
3. Ownership
The Service, the Library, and all intellectual property rights therein are and shall remain the sole and exclusive property of the Licensor and its licensors. This Agreement does not grant the Licensee any title or ownership rights in or to the Service or the Library.
4. Disclaimer of Warranty
THE SERVICE AND THE LIBRARY ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE LICENSOR DOES NOT WARRANT THAT THE SERVICE OR THE LIBRARY WILL BE UNINTERRUPTED OR ERROR-FREE. THE LICENSEE ACKNOWLEDGES THAT THE SERVICE IS A BETA VERSION AND MAY CONTAIN DEFECTS.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO THE LICENSEE'S ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE OR THE LIBRARY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LICENSOR'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED ONE U.S. DOLLAR ($1.00) OR, IF GREATER THAN THE FOREGOING AMOUNT, THE MINIMUM AMOUNT PERMITTED UNDER APPLICABLE LAWS.
6. Term and Termination
This Agreement is effective upon the Licensee's initial access to or use of the Service and shall continue until terminated. The Licensor may terminate this Agreement at any time, with or without cause, upon notice to the Licensee. Upon termination, the Licensee shall cease all use of the Service and the Library
7. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea, without regard to its conflict of laws principles.
8. Entire Agreement
This Agreement, together with the CODE.HEAAN Terms of Service (BETA Version) and any documents referred therein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
BY ACCESSING OR USING THE SERVICE, THE LICENSEE ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT.