End User License Agreement

1. Definitions

"Licensor" means Skynse, the copyright owner or entity authorized by the copyright owner that is granting the license under this EULA.

"You" (or "Your") means an individual or Legal Entity exercising permissions granted by this EULA.

"Legal Entity" means any corporation, company, partnership, association, or other organization using the Software for commercial or organizational purposes, including the union of the acting entity and all entities that control, are controlled by, or are under common control with that entity. For this definition, "control" means (i) the power, direct or indirect, to direct or manage such entity, whether by contract or otherwise, (ii) ownership of fifty percent (50%) or more of outstanding shares, or (iii) beneficial ownership of such entity.

"Software" means the Floss desktop application, installers, updates, documentation, and any components provided with them.

"User Content" means artwork, documents, and other materials You create, import, or store using the Software.

2. Introduction

This End-User License Agreement is a legal agreement between You and Skynse ("Licensor"). This EULA governs Your acquisition and use of the Floss Software.

This EULA applies whether You downloaded the Software for evaluation, personal use, or use within a Legal Entity. By installing and/or using the Software, You confirm Your acceptance of this EULA and agree to become bound by its terms.

If You are entering into this EULA on behalf of a Legal Entity, You represent that You have authority to bind that entity and its affiliates to these terms. If You do not have such authority, or if You do not agree with these terms, do not install or use the Software.

The terms in this EULA also apply to updates, supplements, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

3. License grant

Licensor grants You a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to use the Software in accordance with this EULA.

4. Products and services

LICENSOR RESERVES THE RIGHT TO ADD, MODIFY, OR DISCONTINUE THE SOFTWARE, INCLUDING YOUR ACCESS TO THE SOFTWARE, AT ANY TIME. LICENSOR MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS OR ACCURACY OF THE SOFTWARE NOR THAT THE SOFTWARE WILL BE AVAILABLE AT ALL TIMES. THE SOFTWARE MAY BE INCOMPLETE, MAY CONTAIN ERRORS, AND IS DELIVERED ON AN "AS IS" BASIS.

5. Beta version

Licensor currently offers the Software as a beta version ("Beta Version"). Conditioned on Your compliance with this EULA, Licensor grants You a limited, non-exclusive, non-assignable, non-sublicensable license to download and use the Beta Version.

You acknowledge that the Beta Version is pre-release software and may be incomplete or contain errors or inaccuracies. Any use of the Beta Version is at Your own risk, including risk of data loss, file corruption, or incompatibility with prior builds or documents.

Licensor is not responsible for costs, expenses, or other liabilities You incur as a result of using the Beta Version, including damage, loss, or corruption of software, information, or data. Builds may change without notice and may not be supported indefinitely.

Licensor may modify, suspend, or discontinue the Beta Version or any feature at any time without prior notice or liability.

6. Intellectual property

You acknowledge and agree that all content, design elements, and materials in the Software — including code, binaries, user interface, graphics, branding, documentation, icons, and scripts ("Licensor Content") — are owned by Licensor and/or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Licensor and its licensors retain all right, title, and interest in and to Licensor Content. Except for the limited license expressly granted in Section 3, no rights are granted by implication, estoppel, or otherwise.

You may not use, copy, reproduce, modify, republish, upload, post, transmit, or distribute any Licensor Content except as expressly permitted in this EULA. You agree not to disassemble, decompile, or reverse engineer any software or other component of the Software or Licensor Content.

The names, logos, characters, brands, and product names appearing in the Software are trademarks or service marks of Licensor or third parties. Use of any such mark without the respective holder's prior written consent is prohibited.

7. Your content

You retain ownership of Your User Content. Licensor does not claim ownership of artwork, documents, or other materials You create using the Software.

You are solely responsible for Your User Content, including backing it up, ensuring You have rights to imported material, and complying with applicable law.

8. Privacy

The Software is designed to operate primarily on Your local device. Licensor does not require an account to use core drawing features unless otherwise stated at download or within the application.

If the Software collects telemetry, crash reports, or other data, that collection will be described in the application or on this website. Do not use the Software if You do not agree to any described collection.

9. Support

The Software is provided "as is" and does not come with any specific support beyond what is stated in this EULA. Questions may be directed to prodbyskynse@gmail.com. Licensor has no obligation to provide maintenance, updates, or error corrections.

10. Disclaimer of warranty

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND THAT THE SOFTWARE WILL FUNCTION CONTINUOUSLY, UNINTERRUPTED, SECURELY, OR ERROR-FREE; THAT IT WILL BE COMPATIBLE WITH YOUR HARDWARE, OPERATING SYSTEM, OR FILES; OR THAT THE SOFTWARE OR ANY RELATED FILES ARE FREE OF HARMFUL COMPONENTS.

Some jurisdictions do not allow exclusion of implied warranties. In those jurisdictions, the above exclusions apply to the greatest extent permitted by law.

11. Limitation of liability

IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DAMAGES DUE TO USE, INABILITY TO USE, ERRORS DURING USE, OR POSSESSION OF THE SOFTWARE, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION, LOST ARTWORK, OR CORRUPTION OF DATA.

IN NO EVENT WILL LICENSOR BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, HOWEVER ARISING (INCLUDING NEGLIGENCE), EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) FIFTY U.S. DOLLARS (US $50).

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, Licensor's liability will be limited to the greatest extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Licensor from and against any actions, claims, demands, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Your use or misuse of the Software; (b) Your User Content; (c) Your breach of this EULA, including any prohibited reverse engineering or decompilation; or (d) Your violation of law or third-party rights.

13. Termination

This EULA is effective until terminated. Licensor may terminate Your license at any time if You breach this EULA, or change, suspend, or discontinue the Software for any reason without prior notice or liability.

You may terminate this EULA by uninstalling the Software and ceasing all use. Upon termination, Your license ends immediately and You must stop using and delete all copies of the Software in Your possession or control.

Upon termination, Sections 1, 2, 3.2, 3.3, 4, 5, 6, 10, 11, 12, 14, 15, and 16 survive.

14. Export and compliance

You may not use or export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software is obtained or used.

You represent that You are not located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a terrorist-supporting country, and that You are not listed on any U.S. Government list of prohibited or restricted parties.

15. Governing law and disputes

If You are located outside the United States, this EULA is governed by the laws of the United States and the state in which Licensor is domiciled, without regard to conflict-of-law principles, except where mandatory local law requires otherwise.

If You are located within the United States, this EULA is governed by the laws of the United States and the state in which Licensor is domiciled, without regard to conflict-of-law principles.

Any dispute arising out of or relating to this EULA or the Software shall be resolved in the state or federal courts located in the jurisdiction of Licensor's principal place of business, and You consent to personal jurisdiction and venue in those courts, except where prohibited by mandatory consumer protection law.

Notwithstanding the foregoing, Licensor may apply to any court of competent jurisdiction for injunctive or other equitable relief.

16. Changes

Licensor may update this EULA by posting a revised version on the Floss website and updating the effective date. Your continued use of the Software after changes become effective constitutes acceptance of the revised EULA.

17. General

This EULA is the entire agreement between You and Licensor regarding the Software and supersedes prior understandings on that subject.

If any provision is held invalid or unenforceable, the remaining provisions remain in effect. Licensor's failure to enforce any provision is not a waiver.

You may not assign this EULA without Licensor's prior written consent. Licensor may assign this EULA without restriction.

Questions about this EULA may be sent to prodbyskynse@gmail.com.