End User License Agreement
1. Definitions
- "Software" means TagVault, including all executable code, documentation, and associated files
- "Licensor" means Jeff Marshall, the developer and publisher of TagVault
- "Licensee" or "You" means the individual or entity that has purchased or obtained a license to use the Software
- "License Key" means the unique alphanumeric code provided upon purchase that activates the Software
- "Authorized Device" means the single macOS device on which the Software is currently activated
2. License Grant
Subject to the terms and conditions of this Agreement, Licensor grants you a limited, non-exclusive, non-transferable, non-sublicensable license to:
- Install and activate the Software on one (1) Authorized Device at a time. Your license entitles you to use the Software on one machine. To move the Software to a different machine, contact jmarshall@consultant.com — your existing key will be deactivated and a new key issued for the new device at no charge
- Use the Software for your personal or internal business purposes
- Make one (1) backup copy of the Software for archival purposes
3. License Restrictions
Except as expressly permitted in this Agreement, you may not:
- Install or use the Software on more than one device simultaneously
- Copy, reproduce, or duplicate the Software except for backup purposes
- Sell, resell, sublicense, transfer, assign, or otherwise dispose of the Software or this license
- Modify, translate, adapt, or create derivative works based on the Software
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices
- Use the Software to develop competing products or services
4. Ownership
The Software is licensed, not sold. Licensor retains all right, title, and interest in and to the Software, including all intellectual property rights therein. This Agreement does not grant you any rights to the Software's source code, trademarks, or any other intellectual property of the Licensor.
5. Activation and Machine Locking
The Software uses machine-locked licensing to prevent unauthorized use. Upon activation:
- Your License Key will be bound to the hardware identifier of your Authorized Device
- The Software will verify your license on each launch
- Significant hardware changes — including replacement of the logic board, migration to a new Mac, or reinstallation of macOS on a different machine — require license transfer. Contact jmarshall@consultant.com — your existing key will be deactivated and a replacement key issued at no charge
6. Trial License
If you are using the Software under a trial license:
- The trial period is fourteen (14) days from the date of first installation
- Trial use is subject to all restrictions in this Agreement
- At the end of the trial period, you must purchase a license or uninstall the Software
- Trial licenses may have limited functionality at Licensor's discretion
7. Updates and Support
Licensor may, at its discretion, provide updates, patches, or bug fixes for the Software. Minor updates (maintenance releases within the same major version) are provided at no additional charge. Major version upgrades may require purchase of an upgrade license.
Support is provided via email at jmarshall@consultant.com on a best-effort basis. Licensor makes no guarantee of response times or resolution of support requests.
8. Third-Party Components
The Software incorporates third-party open source components, including but not limited to Electron, Essentia, node-taglib-sharp, and better-sqlite3. These components are subject to their respective open source licenses, which are available upon request.
9. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
LICENSOR DOES NOT WARRANT THAT: (A) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (B) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE SOFTWARE WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE.
LICENSOR'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify, defend, and hold harmless Licensor from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Software or your breach of this Agreement.
12. Term and Termination
This Agreement is effective from the date you first install or use the Software and continues until terminated. Licensor may terminate this Agreement immediately if you breach any provision. Upon termination:
- Your license to use the Software is revoked
- You must immediately cease all use of the Software
- You must uninstall and destroy all copies of the Software in your possession
Sections 4, 9, 10, 11, and 13 shall survive termination of this Agreement.
13. Governing Law and Dispute Resolution
This Agreement shall be governed by the laws of the State of California, United States, without regard to its conflict of law principles. Any dispute arising out of or relating to this Agreement shall be resolved exclusively in the state or federal courts located in Los Angeles County, California, and you consent to personal jurisdiction in such courts.
14. Entire Agreement
This Agreement constitutes the entire agreement between you and Licensor with respect to the Software and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
15. Contact Information
For questions about this Agreement, contact:
Jeff Marshall
jmarshall@consultant.com
marshallconsult.gumroad.com/l/tagvault