SOFTWARE AND SOURCE CODE LICENSE AGREEMENT

Licensor: Kadmium (Emil Fredrik Sjöstedt)

Merchant of Record: Gumroad, Inc.

Contact: kadmiumproductions@gmail.com

Website: https://www.kadmium.dev/

By purchasing, downloading, accessing, installing, or using any software applications, compiled binaries, extensions, source code modules, or license keys (collectively, the "Product") provided by Kadmium, you ("Licensee") agree to be legally bound by this Agreement. If you do not agree to these terms, do not access, purchase, download, or use the Product.

1. DEFINITIONS & COVERED ASSETS

1.1 "Product" encompasses all software products distributed by Kadmium, including but not limited to Kadmium Launcher, Kadmium Bootstrapper, Kadmium Creator Tool, Kadmium Crash Reporter, Context Packer, KadmiumCore, and any related modules, libraries, assets, and documentation.

1.2 "Source Code" refers to the human-readable programming files, project solutions, markup, shaders, and uncompiled resources provided under paid developer tiers.

1.3 "Compiled Binaries" refers to machine-executable versions of the applications, installers, dynamic libraries, and developer extensions distributed in binary or packaged form.

1.4 "DRM Client" refers to licensing validation systems (including Kadmium Aegis and related device fingerprinting mechanisms) integrated into commercial binary distributions.

2. LICENSE TIERS & GRANT OF RIGHTS

Subject to full compliance with this Agreement and timely payment of applicable fees via Gumroad, Kadmium grants Licensee a revocable, non-exclusive, non-transferable license based on the acquired tier:

2.1 Free Compiled Binaries Tier:

- Scope: Licensee may use free binary distributions (such as free versions of Context Packer or utility extensions) for personal and commercial production workflows.

- Restrictions: Licensee may not resell, charge third parties for access to, sub-license, or redistribute standalone installers or standalone executables of these free tools.

2.2 Key-Based Commercial Binaries Tier:

- Scope: Licensee is granted access to run compiled, DRM-protected binary tools (such as Kadmium Creator Tool or packaged production suites) on the number of activated devices authorized at checkout.

- Activation: Binary licenses are tied to hardware machine identifiers (device fingerprints). Licensee may not alter, circumvent, disable, or tamper with the DRM Client, license keys, or validation endpoints.

2.3 Indie / Solo Source Code Tier:

- Eligibility: Restricted to individual developers, sole proprietors, independent creators, or legal entities with gross annual revenue under $100,000 USD (or equivalent in local currency) during the preceding 12-month period.

- Seat Limit: Valid for one (1) designated individual user across their personal workstations.

- Revenue Exceedance: If gross annual revenue exceeds $100,000 USD, Licensee must immediately upgrade to the Studio / Enterprise Source Code Tier.

2.4 Studio / Enterprise Source Code Tier:

- Eligibility: Required for any company, studio, organization, or legal entity with gross annual revenue exceeding $100,000 USD, or any team requiring multi-seat internal development access.

- Seat Limit: Grants internal deployment and access across all direct employees and on-site contractors of the purchasing entity.

2.5 Custom Licensing: Custom multi-studio, educational, or bespoke terms require an explicit written agreement executed directly by Kadmium.

3. PERMITTED USE & DERIVATIVE WORKS

3.1 Modification Rights: Licensees possessing valid Source Code access are permitted to modify, refactor, customize, and extend the Source Code solely for integration into internal development pipelines or qualifying end-products.

3.2 Internal Confinement: Raw Source Code, private repository access, and direct source derivatives must remain confidential within the Licensee's internal infrastructure. Publishing Source Code to public version control repositories (such as public GitHub/GitLab repositories), sharing across external corporate entities, or leaking source files is strictly prohibited.

3.3 End-Product Integration (Games & Consumer Applications):

Licensee is expressly permitted to compile and distribute binary derivatives of Kadmium modules (including Kadmium Launcher, Bootstrapper, Crash Reporter, and KadmiumCore) solely when bundled as an integrated sub-system, client interface, or front-end launcher for Licensee's own original video games, multimedia software, or digital services.

4. PROHIBITED USES & NON-COMPETE RESTRICTIONS

4.1 Substantial Value-Add Requirement:

Licensee shall NOT distribute, publish, license, or sell any compiled application, tool, or service derived from the Source Code unless substantial, original, and independent functionality has been added. Superficially altering assets, renaming project namespaces, re-theming UI layouts, changing color palettes, or making cosmetic adjustments does NOT satisfy this requirement.

4.2 Standalone Developer Tools & Direct Competition:

Licensee is strictly prohibited from creating, distributing, marketing, or selling any software application whose primary market function is substantially equivalent to, or directly competitive with, any Kadmium Product. Specifically, Licensee may not commercialize:

- Standalone game launchers, patchers, or game distribution clients;

- Standalone content packaging, context collection, or LLM-prompt preparation utilities;

- Standalone game-publishing administrative tools or developer dashboards;

- Software development kits (SDKs), frameworks, starter kits, templates, or asset store packages based on or incorporating the Source Code.

4.3 Open Sourcing Prohibited:

Licensee shall not license, publish, or release the Product (or any portion or derivative thereof) under any open-source license, copyleft license (including GPL, LGPL, or AGPL), or permissive license (including MIT, BSD, or Apache).

5. INTELLECTUAL PROPERTY & THIRD-PARTY PACKAGES

5.1 Sole Ownership:

Kadmium (Emil Fredrik Sjöstedt) retains sole and exclusive ownership, copyright, title, and intellectual property rights in and to the Product, including all algorithms, architecture, default themes, and trade secrets. This Agreement conveys a limited license to use, not an assignment of ownership.

5.2 Third-Party Open Source Software:

Certain components or libraries incorporated into the Product (such as MessagePack) are subject to third-party open-source licenses. Such licenses govern those specific libraries, and nothing in this Agreement restricts Licensee's rights under those third-party licenses.

6. PRICING, COMMERCE & REFUND POLICY

All payments, tax compliance, and order processing are executed via Gumroad, Inc. as the Merchant of Record.

6.1 Source Code & Digital Deliverables:

Due to the irrevocable and non-returnable nature of downloadable digital code files, all Source Code sales are final, non-refundable, and non-exchangeable once files, repositories, or download links have been accessed. By completing a Source Code purchase, Licensee expressly acknowledges and waives any statutory right of withdrawal or cooling-off period under applicable consumer protection legislation.

6.2 DRM-Protected Binaries:

For key-based commercial binaries, refund requests may be evaluated within fourteen (14) calendar days of purchase at Kadmium's discretion, provided the associated license key has not experienced abusive multi-machine activation. Upon refund issuance, the license key will be permanently blacklisted and revoked.

7. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

7.1 "As-Is" Provision:

THE PRODUCT IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. KADMIUM EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. KADMIUM DOES NOT WARRANT THAT THE PRODUCT WILL BE ERROR-FREE, SECURE, BUG-FREE, UNINTERRUPTED, OR COMPATIBLE WITH ANY SPECIFIC RUNTIME, OPERATING SYSTEM, OR HARDWARE.

7.2 Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KADMIUM, EMIL FREDRIK SJÖSTEDT, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS, OR SYSTEM CRASHES), REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY.

7.3 Liability Cap:

UNDER ALL CIRCUMSTANCES, KADMIUM’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PRODUCT SHALL BE STRICTLY LIMITED TO THE ACTUAL AMOUNT PAID BY LICENSEE FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8. TERMINATION & REMEDIES

8.1 Termination for Breach:

Any failure by Licensee to adhere to the terms of this Agreement—including unauthorized sharing, leaks, violation of revenue limits, failure to upgrade tiers, or selling prohibited competing utilities—results in immediate, automatic termination of all granted licenses without prior notice.

8.2 Obligations Upon Termination:

Upon termination, Licensee must immediately discontinue all use of the Product and permanently destroy and delete all copies of the Source Code, compiled binaries, documentation, and derivatives from all local drives, internal servers, backups, and repositories.

8.3 Legal Remedies:

Kadmium reserves the full right to seek damages, profits lost, reasonable attorney fees, and immediate injunctive relief in any court of competent jurisdiction to protect its intellectual property rights and trade secrets.

9. GOVERNING LAW & DISPUTE RESOLUTION

9.1 Governing Law:

This Agreement, and any dispute, controversy, or claim arising out of or related to it, shall be governed by, interpreted, and construed exclusively in accordance with the substantive laws of Sweden, without regard to its principles regarding conflicts of laws or the United Nations Convention on Contracts for the International Sale of Goods (CISG).

9.2 Jurisdiction:

Any legal dispute, suit, action, or proceeding arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Swedish general courts, with the Stockholm District Court (Stockholms tingsrätt) serving as the court of first instance.

10. ENTIRE AGREEMENT & SEVERABILITY

This Agreement constitutes the entire agreement between the parties concerning its subject matter and supersedes all prior communications, understandings, or agreements. If any provision is deemed invalid or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall continue in full force and effect.