Software License Agreement

1. Introduction and Acceptance

This Software License Agreement ("License") is a legal agreement between you (either an individual or a single entity, "Licensee") and Usertune, located in Berlin, Germany ("Licensor"), for the use of Usertune's real-time content personalization platform, APIs, SDKs, and related software components (collectively, the "Software").

By installing, accessing, or using the Software, you agree to be bound by the terms of this License. If you do not agree to these terms, do not install, access, or use the Software.

2. Grant of License

2.1 License Grant

Subject to the terms and conditions of this License, Licensor hereby grants Licensee a non-exclusive, non-transferable, revocable license to:

• Use the Software to implement real-time content personalization in your applications
• Access and use the Usertune APIs according to your subscription plan limits
• Integrate the Software with your existing systems and applications
• Use the documentation and development tools provided by Licensor

2.2 Subscription-Based Licensing

Your license rights are determined by your active subscription plan:

3. License Restrictions

Except as expressly permitted in this License, Licensee shall not:

• Copy, modify, or create derivative works of the Software
• Reverse engineer, decompile, or disassemble the Software
• Remove, alter, or obscure any proprietary notices or labels on the Software
• Sublicense, sell, rent, lease, or otherwise transfer the Software to third parties
• Use the Software to develop competing personalization platforms
• Exceed the usage limits specified in your subscription plan
• Use the Software for illegal, harmful, or malicious purposes
• Attempt to gain unauthorized access to Licensor's systems or networks

4. API Usage Rights and Limitations

4.1 API Access

The Software includes access to Usertune's REST and GraphQL APIs. Your API usage is subject to:

• Rate limits as defined in your subscription plan
• Authentication requirements and API key management
• Compliance with API documentation and best practices
• Monitoring and logging of API requests for security and performance

4.2 Edge Delivery and Performance

The Software provides edge-optimized content delivery with target performance metrics:

• Average response time of less than 15ms for personalized content
• 99.97% uptime service level agreement
• Global content delivery network (CDN) access
• Real-time personalization engine capabilities

5. Intellectual Property Rights

5.1 Licensor's Rights

The Software and all related intellectual property rights, including but not limited to copyrights, patents, trademarks, and trade secrets, are and shall remain the exclusive property of Licensor and its licensors. This License does not transfer any ownership rights to Licensee.

5.2 Licensee's Content

Licensee retains ownership of all content, data, and materials provided to or processed through the Software. By using the Software, Licensee grants Licensor a limited, non-exclusive license to process such content solely for the purpose of providing the personalization services.

5.3 Feedback and Improvements

Any feedback, suggestions, or improvements provided by Licensee regarding the Software shall become the property of Licensor and may be incorporated into future versions of the Software without compensation to Licensee.

6. Data Processing and Privacy

The Software processes personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR). Key provisions include:

• Licensee acts as data controller for end-user data processed through the Software
• Licensor acts as data processor and processes data only according to Licensee's instructions
• Data processing is governed by our Data Processing Agreement (DPA)
• All data processing complies with EU data protection standards
• Data is primarily processed within the European Economic Area (EEA)

7. Support and Maintenance

7.1 Support Services

Support services are provided according to your subscription plan:

• Free Plan: Community support and documentation access
• Starter Plan: Email support with 48-hour response time
• Growth Plan: Priority email support with 24-hour response time
• Scale Plan: Priority support with dedicated account management

7.2 Updates and Maintenance

Licensor will provide regular updates, bug fixes, and security patches for the Software. Major version updates may require migration and could introduce breaking changes with advance notice.

8. Warranties and Disclaimers

8.1 Limited Warranty

Licensor warrants that the Software will perform substantially in accordance with the documentation for a period of thirty (30) days from the date of first use. This warranty is void if the failure results from misuse, modification, or damage by Licensee.

8.2 Disclaimer

EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LICENSOR'S TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT PAID BY LICENSEE FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Termination

10.1 Termination by Licensee

Licensee may terminate this License at any time by discontinuing use of the Software and deleting all copies in its possession or control.

10.2 Termination by Licensor

Licensor may terminate this License immediately if Licensee breaches any term of this Agreement. Upon termination, Licensee must cease all use of the Software and delete all copies.

10.3 Effect of Termination

Upon termination, all rights granted under this License will immediately cease. Licensee's data will be retained for 30 days to allow for data export, after which it will be permanently deleted.

11. Compliance and Export

Licensee agrees to comply with all applicable laws and regulations in using the Software, including:

• Export control laws and regulations
• Data protection and privacy laws (GDPR, etc.)
• Intellectual property laws
• Anti-spam and communications regulations
• Industry-specific compliance requirements

12. Governing Law and Jurisdiction

This License shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions. Any disputes arising under this License shall be subject to the exclusive jurisdiction of the courts in Berlin, Germany.

13. Modifications to License

Licensor reserves the right to modify this License at any time. Significant changes will be communicated to Licensee with at least 30 days' advance notice. Continued use of the Software after modifications constitutes acceptance of the updated License.

14. Contact Information

For questions regarding this Software License Agreement, please contact:

15. Entire Agreement

This License constitutes the entire agreement between the parties regarding the Software and supersedes all prior or contemporaneous understandings. If any provision is found unenforceable, the remainder shall remain in full force and effect.

This License is effective upon first use of the Software and remains in effect until terminated in accordance with its terms.