This End-User License Agreement ("Agreement") is a legal contract between you ("Licensee") and BWS Inc., a Delaware corporation ("Licensor"), for the OpenAgile.AI command-line tool, related software, and accompanying documentation (collectively, the "Software"). By installing, copying, or using the Software, you agree to be bound by this Agreement. If you do not agree, do not install or use the Software.
1.1 "Individual Use" means use by a single natural person for personal, educational, evaluation, research, or hobby purposes, not in the course of employment and not in connection with any revenue-generating activity.
1.2 "Commercial Use" means any use of the Software (a) by, on behalf of, or for the benefit of any company, partnership, government agency, or other legal entity; (b) in connection with any product, service, or activity that generates revenue; (c) by an employee, contractor, or agent in the course of their work; or (d) in any production environment operated by an entity other than a natural person acting in an individual capacity.
1.3 "Software" includes the OpenAgile.AI CLI, generated artifacts of the CLI, related documentation, and any updates Licensor provides.
Subject to Licensee's compliance with this Agreement, Licensor grants Licensee a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software for Individual Use, free of charge.
Commercial Use is not licensed under this Agreement. Any Commercial Use requires a separate written commercial license agreement with Licensor and payment of applicable fees. Contact info@bws.ninja for commercial terms.
Licensee shall not, and shall not permit any third party to:
The Software is licensed, not sold. Licensor retains all right, title, and interest in and to the Software, including all intellectual property rights. No rights are granted to Licensee other than those expressly set forth in this Agreement.
Licensor may, in its discretion, provide updates or new versions of the Software. Updates are governed by this Agreement unless accompanied by separate terms.
The Software does not transmit usage telemetry, analytics, or any data about Licensee's projects, prompts, or generated artifacts to Licensor. The Software runs entirely on Licensee's machine and communicates only with third-party services (e.g., LLM providers) that Licensee configures directly.
8.1 This Agreement is effective upon installation and continues until terminated.
8.2 Licensee's rights under this Agreement terminate automatically and without notice upon any breach by Licensee. Licensor may also terminate this Agreement at any time, for any reason, on notice.
8.3 Upon termination, Licensee shall immediately cease all use of the Software and destroy all copies in Licensee's possession or control. Sections 4, 5, 9, 10, 11, and 12 survive termination.
The Software is provided "AS IS" and "AS AVAILABLE," without warranty of any kind. To the maximum extent permitted by law, Licensor disclaims all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the maximum extent permitted by law, Licensor shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or use, arising out of or relating to this Agreement or the Software, whether in contract, tort, or any other legal theory. Licensor's total cumulative liability under this Agreement shall not exceed USD 50.
This Agreement is governed by the laws of the State of Delaware, United States of America, without regard to its conflict-of-laws rules. The parties consent to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute arising out of or relating to this Agreement.
12.1 If any provision of this Agreement is held unenforceable, the remaining provisions shall continue in full force.
12.2 This Agreement is the entire agreement between the parties regarding the Software and supersedes all prior or contemporaneous communications.
12.3 Licensor may update this Agreement from time to time. Continued use of the Software after such updates constitutes acceptance.
BWS Inc.
info@bws.ninja