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Licensing


Prasaga, L.L.C. Technology Network Developer License Terms


Export Controls on XBOM

Applicable Export laws and regulations any relevant local export laws and regulations apply to XBOM.  You agree that such export control laws govern your use of XBOM (including technical data) and any services deliverables provided under this agreement, and you agree to comply with all such export laws and regulations (including “deemed export” and “deemed re-export” regulations).  You agree that no data, information, program, and/or materials resulting from services (or direct product thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology. 

Accordingly, you confirm:

  • You will not download, provide, make available or otherwise export or re-export XBOM, directly or indirectly, to countries prohibited by applicable laws and regulations nor to citizens, nationals or residents of those countries.
  • You are not listed on the United States Department of Treasury lists of Specially Designated Nationals and Blocked Persons, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table of Denial Orders.
  • You will not download or otherwise export or re-export XBOM, directly or indirectly, to persons on the above-mentioned lists.
  • You will not use XBOM for and will not allow XBOM to be used for, any purposes prohibited by applicable law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.

PRASAGA TECHNOLOGY NETWORK DEVELOPMENT LICENSE AGREEMENT

“We,” “us,” and “our” refers to Prasaga, L.L.C. (Prasaga) for and on behalf of itself and its subsidiaries and affiliates under common control. “You” and “your” refers to the individual or entity that wishes to use XBOM from Prasaga “Programs” refers to the software product associated with this agreement that you wish to download and use and program documentation. Systemic eXtensible Blockchain Object Model (XBOM) refers to the patent pending software written and owned by Prasaga. Under this agreement the XBOM is accessed and used for software development and testing purposes by only one person (“You”) “Unit Testing” refers to the testing of sets of one or more computer program modules making up a portion of an application together with control data, usage procedures, and operating procedures to determine if such computer program module(s) meet operation objectives. “License” refers to your right to use the XBOM under the terms of this agreement.

This agreement is governed by the substantive and procedural laws of Nevada. You and Prasaga agree to submit to the exclusive jurisdiction of, and venue in, the courts of Las Vegas or Clark county in Nevada in any dispute arising out of or relating to this agreement.

We are willing to license XBOM to you only upon the condition that you accept all of the terms contained in this agreement. Read the terms carefully and select the “Accept License Agreement” button to confirm your acceptance. If you are not willing to be bound by these terms, select the “Decline License Agreement” button and the registration process will not continue.


License Rights

We grant you a nonexclusive, nontransferable worldwide, revocable limited license to use XBOM only for the purpose of developing, testing, prototyping classes and objects and demonstrating your application(s), and not for any other purpose. This license permits you to deploy XBOM. For deployment of the application(s) you develop under this license for any internal data processing or for any commercial or production purposes, or if you want to use XBOM for any purpose other than as permitted under this agreement, you must first obtain a production release version of the XBOM by contacting us to obtain the appropriate license. You may continue to develop, test, prototype and demonstrate your application(s) with XBOM under this license after you have deployed the application(s) for any internal data processing, commercial or production purposes (subject to the requirement to procure a production release version of XBOM as described in the preceding sentence). You acknowledge that we may not produce a production release version of XBOM and any development efforts undertaken by you are at your own risk. We may audit your use of XBOM. Program documentation, if available, may be accessed online at https://www.xbom.io/documentation. We reserve all rights not expressly granted in this agreement.


Ownership and Restrictions

We retain all ownership and intellectual property rights in the XBOM. For You, XBOM may be installed and used by You in the operating environment identified by us. You may make one copy of XBOM for backup purposes. You are solely responsible for your compliance with this agreement.

You may not:

  • use the XBOM for your own internal data processing or for any commercial or production purposes, or use the XBOM for any purpose except the development, testing, prototyping, and demonstrating of your application(s);
  • use the application(s) you develop with the XBOM for any internal data processing or commercial or production purposes, including testing or running production or commercial workloads on any computing system, without obtaining an appropriate license from us;
  • remove or modify any program markings or any notice of our proprietary rights;
  • make the XBOM available in any manner to any third party;
  • use the XBOM to provide third party commercial training;
  • assign this agreement or give or transfer the XBOM or an interest in them to another individual or entity.
    – cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the XBOM;
  • use any class code developed for the XBOM on any infrastructure other than XBOM
    – insert any malicious code; malware, virus, phishing, spiders, ransomware and or any tracking software and or any code meant to acquire, copy, erase or destroy data of any user of XBOM
    – disclose results of any program benchmark tests without our prior consent.

Disclaimer of Warranty and Exclusive Remedies

THE XBOM ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE FURTHER DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS (U.S. $100).


Technical Support

Our technical support organization will provide technical support through the developer community telegram channel https://t.me/joinchat/GudkRlQFFK7jPhD2ywYWAw. Prasaga will not provide phone support, or updates to you for the XBOM licensed under this agreement.


End of Agreement

You may terminate this agreement by destroying all copies of the XBOM. We have the right to terminate your right to use XBOM if you fail to comply with any of the terms of this agreement, in which case you shall destroy all copies of the XBOM.


Relationship Between the Parties

The relationship between you and us is that of licensee/licensor. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity. Nothing in this agreement shall be construed to limit either party’s right to independently develop or distribute software that is functionally similar to the other party’s products, so long as proprietary information of the other party is not included in such software.


Open Source

“Open Source” software – software available without charge for use, modification and distribution – is often licensed under terms that require the user to make the user’s modifications to the Open Source software or any software that the user ‘combines’ with the Open Source software freely available in source code form.

XBOM is a proprietary software in conjunction with open source license under Apache 2.0 license.

If you use Open Source software in conjunction with the XBOM, you must ensure that your use does not: (i) create, or purport to create, obligations of us with respect to XBOM; or (ii) grant, or purport to grant, to any third party any rights to or immunities under our intellectual property or proprietary rights in XBOM. For example, you may not develop a software program using XBOM and an Open Source program where such use results in a program file(s) that contains code from both the XBOM and the Open Source program (including without limitation libraries) if the Open Source program is licensed under a license that requires any “modifications” be made freely available. You also may not combine XBOM with programs licensed under the GNU General Public License (“GPL”) in any manner that could cause, or could be interpreted or asserted to cause, XBOM program or any modifications thereto to become subject to the terms of the GPL.


Entire Agreement

You agree that this agreement is the complete agreement for XBOM and licenses, and this agreement supersedes all prior or contemporaneous agreements or representations. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.


Last updated: 2 October 2020


Prasaga Technology Network License Agreement


Prasaga is willing to authorize Your access to software associated with this License Agreement (“Agreement”) only upon the condition that You accept that this Agreement governs Your use of the software. By selecting the “Accept License Agreement” button or box (or the equivalent) or installing or using XBOM You indicate Your acceptance of this Agreement and Your agreement, as an authorized representative of Your company or organization (if being acquired for use by an entity) or as an individual, to comply with the license terms that apply to the software that You wish to download and access. If You are not willing to be bound by this Agreement, do not select the “Accept License Agreement” button or box (or the equivalent) and do not download or access the software.


Definitions

“Prasaga” refers to Prasaga, “You” and “Your” refers to (a) a company or organization (each an “Entity”) accessing XBOM, if use of XBOM will be on behalf of such Entity; or (b) an individual accessing XBOM, if use of XBOM will not be on behalf of an Entity. “Contractors” refers to Your agents and contractors (including, without limitation, outsourcers). “XBOM” refers to Prasaga software provided by Prasaga pursuant to this Agreement and any updates, error corrections, and/or XBOM Documentation provided by Prasaga. “XBOM Documentation” refers to XBOM user manuals and XBOM installation manuals, if any. If available, XBOM Documentation may be delivered with XBOM and/or may be accessed from www.xbom.io/documentation. “Separate Terms” refers to separate license terms that are specified in the XBOM Documentation, readmes or notice files and that apply to Separately Licensed Third Party Technology. “Separately Licensed Third Party Technology” refers to third party technology that is licensed under Separate Terms and not under the terms of this Agreement.


License Rights and Restrictions

Prasaga grants You a nonexclusive, nontransferable, limited license to internally use XBOM, subject to the restrictions stated in this Agreement, only for the purpose of developing, testing, prototyping, and demonstrating Your application and only as long as Your application has not been used for any data processing, business, commercial, or production purposes, and not for any other purpose. You may allow Your Contractor(s) to use XBOM, provided they are acting on Your behalf to exercise license rights granted in this Agreement and further provided that You are responsible for their compliance with this Agreement in such use. You will have a written agreement with Your Contractor(s) that strictly limits their right to use XBOM and that otherwise protects Prasaga’s intellectual property rights to the same extent as this Agreement. You may make copies of XBOM to the extent reasonably necessary to exercise the license rights granted in this Agreement. You may make one copy of XBOM for backup purposes.

Further, You may not:

  • remove or modify any XBOM markings or any notice of Prasaga’s or a licensor’s proprietary rights;
  • make XBOM available in any manner to any third party (other than Contractors acting on Your behalf as set forth in this Agreement);
  • use XBOM to provide third party training;
  • assign this Agreement or distribute, give, or transfer XBOM or an interest in them to any third party, except as expressly permitted in this Agreement for Contractors (the foregoing shall not be construed to limit the rights You may otherwise have with respect to Separately Licensed Third Party Technology);
  • cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of XBOM; and
  • disclose results of any XBOM benchmark tests without Prasaga’s prior consent.

XBOM may contain source code that, unless expressly licensed in this Agreement for other purposes (for example, licensed under an open source license), is provided solely for reference purposes pursuant to the terms of this Agreement and may not be modified.

All rights not expressly granted in this Agreement are reserved by Prasaga. If You want to use XBOM or Your application for any purpose other than as expressly permitted under this Agreement, You must obtain from Prasaga a valid XBOM license under a separate agreement permitting such use. However, You acknowledge that XBOM may not be intended for production use and/or Prasaga may not make a version of XBOM available for production or other purposes; any development or other work You undertake with XBOM is at Your sole risk.


Ownership

Prasaga retains all ownership and intellectual property rights to XBOM.


Third-Party Technology

XBOM may contain or require the use of third party technology that is provided with XBOM. Prasaga may provide certain notices to You in XBOM Documentation, readmes or notice files in connection with such third party technology. Third party technology will be licensed to You either under the terms of this Agreement or, if specified in the XBOM Documentation, readmes or notice files, under Separate Terms. Your rights to use Separately Licensed Third Party Technology under Separate Terms are not restricted in any way by this Agreement. However, for clarity, notwithstanding the existence of a notice, third party technology that is not Separately Licensed Third Party Technology shall be deemed part of XBOM and is licensed to You under the terms of this Agreement.


Source Code for Open Source Software

For software that you receive from Prasaga in binary form that is licensed under an open source license that gives you the right to receive the source code for that binary, you can obtain a copy of the applicable source code from https://oss.XBOM.io/resources/.


Export Controls

Export laws and regulations of the United States and any other relevant local export laws and regulations apply to XBOM. You agree that such export control laws govern Your use of XBOM (including technical data) and any services deliverables provided under this agreement, and You agree to comply with all such export laws and regulations (including “deemed export” and “deemed re-export” regulations). You agree that no data, information, XBOM and/or materials resulting from XBOM or services (or direct products thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology. Accordingly, You confirm:

  • You will not download, provide, make available or otherwise export or re-export XBOM, directly or indirectly, to countries prohibited by applicable laws and regulations nor to citizens, nationals or residents of those countries.
  • You are not listed on the United States Department of Treasury lists of Specially Designated Nationals and Blocked Persons, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are You listed on the United States Department of Commerce Table of Denial Orders.
  • You will not download or otherwise export or re-export XBOM, directly or indirectly, to persons on the above mentioned lists.
  • You will not use XBOM for, and will not allow XBOM to be used for, any purposes prohibited by applicable law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.

Information Collection

XBOM installation and/or auto-update processes, if any, will never transmit any data to Prasaga. Prasaga does not collect any private or personal data.


Disclaimer of Warranties; Limitation of Liability

XBOM ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. PRASAGA FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT .

IN NO EVENT WILL PRASAGA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF PRASAGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PRASAGA’S ENTIRE LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000) .


No Technical Support

Unless Prasaga support for XBOM, if any, is expressly included in a separate, current support agreement between You and Prasaga, Prasaga’s technical support organization will not provide technical support, phone support, or updates to You for XBOM provided under this Agreement.


Audit; Termination

Prasaga may audit Your use of XBOM. You may terminate this Agreement by destroying all copies of XBOM. This Agreement shall automatically terminate without notice if You fail to comply with any of the terms of this Agreement, in which case You shall promptly destroy all copies of XBOM.


Relationship Between the Parties

Prasaga is an independent contractor and we agree that no partnership, joint venture, or agency relationship exists between us. We each will be responsible for paying our own employees, including employment related taxes and insurance. Nothing in this agreement shall be construed to limit either party’s right to independently develop or distribute software that is functionally similar to the other party’s products, so long as proprietary information of the other party is not included in such software.


Entire Agreement; Governing Law

You agree that this Agreement is the complete agreement for XBOM and this Agreement supersedes all prior or contemporaneous agreements or representations, including any clickwrap, shrinkwrap or similar licenses, or license agreements for prior versions of XBOM. This Agreement may not be modified and the rights and restrictions may not be altered or waived except in a writing signed by authorized representatives of You and of Prasaga. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.

This Agreement is governed by the substantive and procedural laws of the State of California, USA, and You and Prasaga agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco or Santa Clara counties in California in any dispute arising out of or relating to this Agreement.


Last updated: 2 October 2020

Should you have any questions concerning this License Agreement, or if you desire to contact Prasaga, L.L.C. for any reason, please write:

Prasaga, L.L.C.,
9412 Steeplehill Dr.
Las Vegas, NV 89117

Prasaga, L.L.C., may contact you to ask if you had a satisfactory experience installing and using this software download.