End-User License Agreement

You may download, install, and run Whale free of charge, for personal or commercial use, on any number of machines and cells, to operate your own business or your own projects. "Your own" includes a business you own or are employed by, and a contractor or consultant operating a cell on behalf of the business that owns it acts as that business. It does not include offering Whale itself to others as a hosted, managed, or operated service.

Don't redistribute, sublicense, or resell the binaries, modified or not, alone or bundled. Don't host or operate Whale for third parties — offering managed, hosted, or operated Whale cells to anyone other than your own business is reserved to Studio713 and its licensed partners. Don't reverse engineer, decompile, or disassemble the binaries, except to the extent a law you are subject to grants that right notwithstanding this term. Don't remove or falsify version, license, or provenance information. Don't use the Studio713 or Whale names or marks except to truthfully state that you use the software.

Everything Whale stores for you lives in open formats on hardware you control: the ledger is a standard SQLite database (whale.db) and the business definition is plain YAML (ontology.yaml). Studio713 claims no rights over either, receives no copy of either, and this agreement never restricts your access to your own files — including after termination.

If Studio713 permanently ceases operations, or publishes no release, update, or security fix for the Whale binary for twelve (12) consecutive months without a public statement of continuation, Studio713 will release the then-current Whale source code under the Apache License 2.0. This covenant survives termination of this agreement and binds Studio713's successors and assigns.

Binaries are provided as released. Studio713 may change features between versions; nothing obliges you to update, and nothing in an update revokes Section 3 or Section 4.

The binary may periodically ask studio713.dev which version is the latest. This request carries no data about you, your business, or your usage — it is the only network call the binary makes to Studio713, and you can disable it with a documented flag. Whale contains no other telemetry.

This license terminates automatically if you breach Section 2 and do not cure within 14 days of notice. On termination you must stop using the binaries. Sections 3, 4, 7, 8, and 9 survive.

The software is provided "as is", without warranty of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. You are responsible for your own backups and for compliance of your business with the laws that apply to it.

To the maximum extent permitted by law, Studio713's total liability arising out of this agreement or the software is limited to the amount you paid Studio713 for the software in the twelve months before the claim — which, for the free tier, is zero. Studio713 is not liable for indirect, incidental, special, or consequential damages. Some jurisdictions do not allow certain exclusions; where an exclusion is not allowed, it applies to the fullest extent permitted.

This agreement is governed by the laws of the State of North Carolina, USA, excluding its conflict-of-law rules. Venue lies in the state or federal courts of North Carolina.

Edge, Hosted, Sovereign, and Enterprise offerings are governed by their own order forms or contracts; this EULA governs the free binary and applies to paid tiers only where those documents say so. Enterprise contracts may include a source license that supersedes Section 2 for that customer.

This agreement is the entire agreement about the free binaries and supersedes prior statements about them. If a provision is unenforceable, the rest stands. A failure to enforce a term is not a waiver of it. You may not assign this agreement; Studio713 may assign it only to a successor that assumes Section 4. Notices go to [email protected].