End User License Agreement

These are the terms under which the Penstock plugin is licensed. Bundled open-source components keep their own licenses, listed under third-party notices.

Penstock — End User License Agreement

Copyright (c) 2024-2026 kern0x1b. All rights reserved.

This is a commercial software product. It is licensed, not sold. By installing
or using the Penstock plugin ("the Software") you agree to the terms
below. If you do not agree, do not install or use the Software.

1. Grant of license

Subject to these terms, the vendor grants you a non-exclusive,
non-transferable, revocable license to install and use the Software on the
computers you own or control, for your own use. The features the Software
offers without a subscription may be used free of charge. The features of a
paid plan may be used for the length of a trial the Software grants, and
otherwise for as long as your subscription to that plan remains valid, on as
many computers at once as the plan allows.

Subscriptions are sold through Polar Software, Inc., the vendor's reseller and
merchant of record. Where Polar's terms and this agreement conflict, Polar's
terms govern the purchase, billing, and refund of the subscription; this
agreement governs the use of the Software.

2. Restrictions

You may not:

  a) copy, distribute, resell, sublicense, rent, lease, or lend the Software,
     or make it available to third parties, whether or not for a fee;
  b) reverse engineer, decompile, or disassemble the Software, or attempt to
     derive its source code, except to the extent this restriction is void
     under applicable law or under the license of a bundled component;
  c) remove, obscure, or alter any copyright, trademark, or attribution notice
     contained in the Software, including the bpmn.io watermark rendered by the
     bundled bpmn-js component;
  d) circumvent or disable any licensing, activation, or usage-verification
     mechanism of the Software;
  e) use the Software to build a product that competes with it.

3. Ownership

The Software is protected by copyright and other intellectual property laws.
The vendor retains all right, title, and interest in and to the Software. No
rights are granted other than those expressly stated in this agreement.

4. BPMN diagrams and other user content

The Software creates and edits files that belong to you. The vendor claims no
ownership of, and asserts no license over, any BPMN diagram or other content
you create, edit, or deploy using the Software.

5. Third-party components

The Software bundles open-source components that remain under their own
licenses. Those licenses, and a written offer for the source code of the
LGPL-licensed components, are reproduced in the file THIRD-PARTY-NOTICES.md
distributed with the Software and viewable from
Settings | Tools | BPMN Editor Settings | About | Open source licenses.

Nothing in this agreement limits any right granted to you directly by the
license of a bundled open-source component.

6. Trademarks

This agreement grants no rights in any trademark. The Software is an independent product and is
not affiliated with, endorsed by, or sponsored by Camunda Services GmbH or the Object Management
Group. "Camunda" is a trademark of Camunda Services GmbH and "BPMN" is a trademark of the Object
Management Group; both are used solely to describe the systems and notation the Software works
with.

7. Data

The Software runs locally. It transmits BPMN diagrams to a process engine only
when you explicitly invoke a deployment, and only to the engine endpoint you
configure. Credentials you enter are stored in the IDE's password safe and are
never written to project configuration files.

8. Warranty disclaimer

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, AND NONINFRINGEMENT.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VENDOR SHALL NOT BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR BUSINESS, ARISING OUT OF OR IN
CONNECTION WITH THE SOFTWARE. THE VENDOR'S TOTAL AGGREGATE LIABILITY SHALL NOT
EXCEED THE AMOUNT YOU PAID FOR THE LICENSE DURING THE TWELVE MONTHS PRECEDING
THE EVENT GIVING RISE TO THE CLAIM.

Nothing in this agreement excludes or limits liability that cannot be excluded
or limited under applicable law, including liability for death or personal
injury caused by negligence, or for fraud.

10. Termination

This license terminates automatically if you breach any of its terms. On
termination you must stop using the Software and remove all copies. Sections 3,
8, and 9 survive termination.

11. Contact

kern0x1b — 157722763+kern0x1b@users.noreply.github.com