Licensing
TL;DR
- Envio's licensing reflects open source ethos but is not OSI recognized.
- Developers can use Envio's services without vendor lock-in, either by self-hosting or specifying an RPC URL.
- The generated code is open and public
- Our license allows self-hosting but restricts third-party competition with Envio's hosted service.
- Envio may consider open-sourcing in the future but prioritizes stakeholder interests and market traction.
Our position
We're devs and we value OS ethos too, that's why our licensing mirrors a lot of the benefits from open source licensing however Envio and its products do not use a recognized open source license by the OSI, we are however public and open and our licensing reflects this.
Our future business model lies in our hosted service and HyperSync requests and so we are protecting this, but to ensure continuity and no vendor lock-in, developers are able to run and develop on their indexer without either. Either by self-hosting, which our license permits, or by specifying an RPC URL in their indexer configuration and thus bypassing HyperSync.
Envio is in its formative stages and though we may look to open-source the software in the future we are dedicated to ensuring the best interests of all stakeholders. Going open source is somewhat of a one-way function and it is easier to go open source than to proverbially go "closed source". Once we have gained more market traction we will review our position on going open source.
HyperIndex End-User License Agreement (EULA)
This agreement describes the users' rights and the conditions upon which the Software and Generated Code may be used. The user should review the entire agreement, including any supplemental license terms that accompany the Software since all of the terms are important and together create this agreement that applies to them.
1. Definitions
Software: HyperIndex, a copyrightable work created by Envio and licensed under this End User License Agreement (“EULA”).
Generated Code: In the context of this license agreement, the term "generated code" refers to computer programming code that is produced automatically by the Software based on input provided by the user.
Licensed Material: The Software and Generated Code defined here will be collectively referred to as “Licensed Material”.
2. Installation and User Rights
License: The Software is provided under this EULA. By agreeing to the EULA terms, you are granted the right to install and operate one instance of the Software on your device (referred to as the licensed device), for the use of one individual at a time, on the condition that you adhere to all terms outlined in this agreement. The licensor provides you with a non-exclusive, royalty-free, worldwide license that is non-sublicensable and non-transferable. This license allows you to use the Software subject to the limitations and conditions outlined in this EULA. With one license, the user can only use the Software on a single device.
Device: In this agreement, "device" refers to a hardware system, whether physical or virtual, equipped with an internal storage device capable of executing the Software. This includes hardware partitions, which are considered individual devices for the purposes of this agreement. Updates may be provided to the Software, and these updates may alter the minimum hardware requirements necessary for the Software. It is the responsibility of users to comply with any changing hardware requirements.
Updates: The Software may be updated automatically. With each update, the EULA may be amended, and it is the users' responsibility to comply with the amendments.
Limitations: Envio reserves all rights, including those under intellectual property laws, not expressly granted in this agreement. For instance, this license does not confer upon you the right to, and you are prohibited from:
(i) Publishing, copying (other than the permitted backup copy), renting, leasing, or lending the Software;
(ii) Transferring the Software (except as permitted by this agreement);
(iii) Circumventing any technical restrictions or limitations in the Software;
(iv) Using the Software as server Software, for commercial hosting, making the Software available for simultaneous use by multiple users over a network, installing the Software on a server and allowing users to access it remotely, or installing the Software on a device solely for remote user use;
(v) Reverse engineering, decompiling, or disassembling the Software, or attempting to do so, except and only to the extent that the foregoing restriction is (a) permitted by applicable law; (b) permitted by licensing terms governing the use of open-source components that may be included with the Software and
(vi) When using the Software, you may not use any features in any manner that could interfere with anyone else's use of them, or attempt to gain unauthorized access to or use of any service, data, account, or network.
These limitations apply specifically to the Software and do not extend to the Generated Code. Details regarding the use of the Generated Code, including associated limitations, are provided below.
3. Use of the Generated Code
Limitations: Users can use, copy, distribute, make available, and create derivative works of the Generated Code freely, subject to the limitations and conditions specified below.
(i) The user is prohibited from offering the Generated Code or any software that includes the Generated Code to third parties as a hosted or managed service, where the service grants users access to a significant portion of the Software's features or functionality.
(ii) The user is not permitted to tamper with, alter, disable, or bypass the functionality of the license key in the Software. Additionally, the user may not eliminate or conceal any functionality within the Software that is safeguarded by the license key.
(iii) Any modification, removal, or concealment of licensing, copyright, or other notices belonging to the licensor in the Software is strictly forbidden. The use of the licensor's trademarks is subject to relevant laws.
Credit: If the user utilizes the Generated Code to develop and release new software, product, or service, the license agreement for said software, product, or service must include proper credit to HyperIndex.
Liability: Envio does not provide any assurance that the Generated Code functions correctly, nor does it assume any responsibility in this regard.
Additionally, it will be the responsibility of the user to assess whether the Generated Code is suitable for the products and services provided by the user. Envio will not bear any responsibility if the Generated Code is found unsuitable for the products and services provided by the user.
4. Additional Terms
Disclaimer of Warranties and Limitation of Liability:
(i) Unless expressly undertaken by the Licensor separately, the Licensed Material is provided on an as-is, as-available basis, and the Licensor makes no representations or warranties of any kind regarding the Licensed Material, whether express, implied, statutory, or otherwise. This encompasses, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether known or discoverable. If disclaimers of warranties are not permitted in whole or in part, this disclaimer may not apply to You.
(ii) To the fullest extent permitted by law, under no circumstances shall the Licensor be liable to You under any legal theory (including, but not limited to, negligence) for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising from the use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. If limitations of liability are not permitted in whole or in part, this limitation may not apply to You.
(iii) The disclaimers of warranties and limitations of liability outlined above shall be construed in a manner that most closely approximates an absolute disclaimer and waiver of all liability, to the fullest extent permitted by law.
Applicable Law and Competent Courts: This EULA shall be governed by and construed in accordance with the laws of England. The courts of England shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this EULA.
Additional Agreements: If the user chooses to use the Software, it may be required to agree to additional terms or agreements outside of this EULA.