EULA (End User License Agreement)

Bartosz Zagrodzki ("Licensor") grants you ("Licensee") a non-exclusive, non-transferable, revocable license to use the TurboStarter download files ("Software") subject to the terms and conditions below. By purchasing a license or accessing the Software, you agree to be bound by this EULA.

1. Definitions

"Licensor" means Bartosz Zagrodzki, the owner and provider of the Software.
"Licensee" means you as an individual or a single legal entity (business, organization, or company) that has purchased a license to the Software.
"Software" means the TurboStarter codebase, including all files, source code, executable code, documentation, and any updates, patches, or modifications provided by Licensor, delivered in any form.
"End Product" means any application, website, service, system, or other artifact produced by Licensee that incorporates, incorporates derivatives of, or is created using the Software as a foundation.
"Documentation" means all written materials, guides, tutorials, and online content provided by Licensor relating to the use and functionality of the Software.
"Intellectual Property Rights" means all copyright, trademark, patent, moral rights, design rights, and trade secret rights, whether registered or unregistered, in the Software and all modifications, improvements, and enhancements thereto.
"License" means the non-exclusive, non-transferable, revocable right granted by this Agreement to use the Software under the stated terms and conditions.
"Confidential Information" means proprietary information contained in the Software, including trade secrets, algorithms, architecture, and design patterns not publicly available.
"Term" means the period during which this License is valid, commencing upon acceptance of this EULA and continuing unless terminated as provided herein.

2. License Grant

Licensor grants Licensee a non-exclusive, non-transferable, revocable, personal license to:

Install and use the Software on multiple devices for Licensee's own use
Create unlimited End Products incorporating the Software
Sell or distribute End Products to end users
Modify the Software solely for creating End Products
Create open-source End Products with prior written approval from Licensor

This license is granted only to the individual or legal entity listed as the Licensee and may not be shared, transferred, or used by any other person or entity.

3. Restrictions

Licensee may not:

Redistribute, sell, or license the Software itself as a standalone product
Transfer, assign, sublicense, or share this License with any third party
Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software
Remove, obscure, or alter any copyright, trademark, or proprietary notices in the Software
Use the Software for illegal purposes or in violation of any applicable law
Create a competing product using substantially similar code or design patterns from the Software
Use the Software on behalf of multiple organizations or individuals

4. Ownership and Intellectual Property Rights

Licensor retains all Intellectual Property Rights in the Software, including all copies, modifications, improvements, and derivatives thereof. Licensee owns the End Products created by Licensee, but Licensor retains all ownership of the underlying Software components within those End Products. The license granted herein does not transfer any ownership rights to Licensee.

5. Warranty Disclaimer

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

Warranties of merchantability, fitness for a particular purpose, or non-infringement
Any warranty that the Software will meet Licensee's requirements
Any warranty that the Software will operate without error, interruption, or defects
Any warranty regarding the accuracy, completeness, or reliability of the Software

Licensor makes no representations that the Software is free of viruses, malware, or other harmful components. Licensee assumes all responsibility for the consequences of using the Software.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR SHALL NOT BE LIABLE FOR:

Indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of business opportunity, or loss of use
Any damages arising from: use of the Software, inability to use the Software, unauthorized access, data breaches, or performance failures
Any liability exceeding the amount paid by Licensee for the license

This limitation of liability applies regardless of whether liability is based on contract, tort, strict liability, negligence, or any other legal theory, and even if Licensor has been advised of the possibility of such damages.

This limitation is fundamental to the pricing of the License and represents an essential condition of this Agreement.

7. Indemnification

Licensee agrees to indemnify, defend, and hold harmless Licensor from any claims, damages, losses, costs, or attorneys' fees arising from:

Licensee's use of the Software in violation of this EULA
Licensee's modification, misuse, or unauthorized distribution of the Software
Third-party claims arising from End Products created by Licensee
Licensee's breach of applicable law while using the Software

8. Termination

This License terminates immediately if Licensee:

Breaches any material term of this EULA and does not cure the breach within 14 days of written notice
Attempts to reverse engineer, decompile, or circumvent the Software
Transfers or attempts to transfer the License to another party

Either party may terminate this License for any reason or no reason by providing 30 days' written notice to the other party.

Upon termination:

Licensee must immediately cease all use of the Software
End Products created prior to termination may continue to operate
All copies of the Software in Licensee's possession must be destroyed or deleted
Sections 1, 3, 4, 5, 6, 7, and 9 survive termination

9. Governing Law and Jurisdiction

This EULA is governed by and construed in accordance with the laws of Poland, excluding conflict of law principles.

Any legal action or proceeding arising from this EULA shall be resolved exclusively in the competent courts of Poland.

Licensee consents to the personal jurisdiction of such courts and waives any objection to venue.

10. Entire Agreement

This EULA, together with any terms posted on Licensor's website, constitutes the entire agreement between the parties regarding the Software and supersedes all prior agreements, understandings, and representations.

No modification or amendment is valid unless in writing and signed by an authorized representative of Licensor.

11. Severability

If any provision of this EULA is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed to the extent of invalidity, and the remaining provisions shall continue in full force and effect. The parties agree to negotiate in good faith to replace any severed provision with a valid provision that achieves the original economic intent.

12. Waiver

The failure of Licensor to enforce any right, power, or provision of this EULA shall not operate as a waiver of that right, power, or provision. No single or partial waiver shall constitute a waiver of any other or subsequent breach or failure.

13. Contact

For questions, concerns, or requests regarding this License, contact: hello@turbostarter.dev

BY USING, DOWNLOADING, OR INSTALLING THE SOFTWARE, LICENSEE ACKNOWLEDGES HAVING READ THIS EULA AND AGREEING TO BE BOUND BY ALL ITS TERMS AND CONDITIONS.