End User License Agreement

This End User License Agreement ("Agreement") is a legal contract between you as an individual or business organisation ("you" or "Licensee") and the Norn developer ("Licensor") for the Norn software (all editions), including any associated media, printed materials and electronic documentation (the "Software").

By copying, downloading, accessing, or otherwise using the Software, you agree to be bound by the terms of this Agreement and you warrant and represent that you are authorised to enter into this Agreement on behalf of yourself or your business organisation.

If you do not wish to be bound by the terms of this Agreement, you may not download, install, access or use the Software.

• DEFINITIONS

"Extension" means the Norn extension for Visual Studio Code.

"CLI" means the Norn command-line interface.

"Pipeline Use" means execution of the CLI within an automated build, test, integration, delivery or deployment pipeline, including but not limited to continuous integration and continuous delivery (CI/CD) systems, whether hosted or self-hosted, and whether or not triggered by a human.

"Local Use" means execution of the CLI directly by an individual on a workstation or development machine, outside of any automated pipeline.

"Authorized User" means any employee, independent contractor or other temporary worker authorized by Licensee to use the Software while performing duties within the scope of their employment or assignment.

"License Key" means a unique key-code that authorizes Pipeline Use of the CLI. Only Licensor and/or its representatives are permitted to produce License Keys for the Software.

• OWNERSHIP

This Agreement does not convey to you any rights of ownership in the Software. All right, title, benefit and interest in the Software and in any ideas, know-how, and programs which are developed by Licensor in the course of providing any technical services, including any enhancements or modifications made to the Software, shall at all times remain the property of Licensor.

• GRANT OF LICENSE

Upon your acceptance of this Agreement, Licensor grants you a limited, non-transferable, non-assignable, non-exclusive license to install and use the Software on the terms and conditions set forth herein.

• INTENDED USERS OF THE SOFTWARE

The Extension is free to install and use for everyone, including individuals, businesses and organisations, for any purpose including commercial purposes, and never requires a License Key. The CLI is free for Local Use. A License Key is required only for Pipeline Use of the CLI. No License Key is required to use the Extension or to use the CLI for Local Use.

• FREE USE

You may install and use the following free of charge, without a License Key:
- The Extension, for any use, including commercial use within a for-profit company or organisation
- The CLI for Local Use, including personal projects and experimentation, learning and education, academic research, and open-source projects

• LICENSED USE (PIPELINE USE OF THE CLI)

A valid License Key is required for any Pipeline Use of the CLI. For the avoidance of doubt:
- The Extension never requires a License Key, including when used commercially within a for-profit company or organisation
- Local Use of the CLI never requires a License Key
- Only Pipeline Use of the CLI (for example, running the CLI in a CI/CD build, test, or deployment pipeline) requires a License Key

Please contact the Licensor for licensing options.

• RESTRICTIONS ON USE OF THE SOFTWARE

You are NOT permitted to:
a) Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software.
b) Decompile, disassemble or reverse engineer the Software or attempt to do any such things.
c) Reproduce, copy, distribute, resell or otherwise use the whole or any part of the Software's code for any commercial purpose.
d) Disable, modify or hide notifications sent by the Software.
e) Distribute, resell, or share License Keys.
f) Misrepresent Pipeline Use of the CLI as Local Use, or otherwise circumvent the License Key requirement for Pipeline Use.
g) Use older versions of the Software to circumvent licensing requirements.

• LIMITED WARRANTY AND DISCLAIMER OF WARRANTY

SOFTWARE IS PROVIDED TO LICENSEE "AS IS" AND WITHOUT WARRANTIES. LICENSOR MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS AFFILIATES, SUPPLIERS AND RESELLERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.

• DISCLAIMER OF DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO LICENSEE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY USER OF SOFTWARE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF THE USE OR INABILITY TO USE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR SOFTWARE UNDER THIS AGREEMENT.

• TERMINATION

This license can be terminated by you at any time. If you choose to terminate the license, you will not be entitled to any refund of the license fee(s) you have paid. Your license may be terminated by Licensor if you fail to comply with the terms of this Agreement within ten (10) days after receipt of written notice of such failure. In the event of termination, you must cease using the Software, destroy all copies of the Software (including copies in storage media) and certify such destruction to Licensor. This requirement applies to all copies in any form, partial or complete. Upon the effective date of any termination, you relinquish all rights granted under this Agreement.

• RELATIONSHIP OF PARTIES

You and Licensor are independent parties. Nothing in this Agreement shall be construed as making you an employee, agent, partner or legal representative of Licensor.

• ENTIRE AGREEMENT

This Agreement and any document expressly referred to in it constitute the whole agreement between you and the Licensor and supersede any previous arrangement understanding or agreement between you and the Licensor, relating to the licensing of the Software.

The parties acknowledge that, in entering into this Agreement (and the documents referred to in it), neither party relies on any statement, representation, assurance or warranty ("Representation") of any person (whether a party to this Agreement or not) other than as expressly set out in this Agreement or those documents.

The parties agree that the only rights and remedies available to each party arising out of or in connection with a Representation shall be for breach of contract as provided in this Agreement.
