This source code license agreement is by and between Jalapeno Labs ("Software Provider") and Jalapeno Lab's customers who have purchased or have been gifted software code based products ("Licensee").
This agreement shall begin on the date of purchase or gifting.
This agreement covers the access and use of the source code for the following software, hereafter known as the “Software.”
Both the Licensee and Software provider agree to adhere to the following conditions.
The Software Provider has granted, with acceptance of this source code license agreement, 1 total license per purchase to be used as permitted. These licenses shall be considered perpetual and non-transferrable.
The licenses granted may be used by the Licensee as well as any employees and subcontractors providing services for the Licensee.
Throughout this agreement, “Software” shall be defined as all source codes, object codes, link libraries, utility programs, project files, scripts related to the software listed above.
The Software shall remain the intellectual property of the Software Provider at all times.
In consideration of all conditions contained within this contract the Licensee shall have the nonexclusive and nontransferable rights as stated below.
The Licensee will hold the right to incorporate the dynamic and statically linked libraries that the Software Provider has developed.
Furthermore, the Licensee will have the ability to make and distribute an unlimited number of copies of the libraries mentioned above.
Unless prior written consent has been obtained from the Software Owner, the following shall not be allowed.
All software included in this source code license agreement as well as all documentation included with said software is provided in an “as is” condition.
The Licensee shall be granted a 30 day period after initial access is granted. During this period, the Licensee may report any errors, missing features, or other issues related to the source code.
This initial inspection shall be performed with the source code in its original state. Any modification or other alteration of the source code shall constitute acceptance of the Software by the Licensee.
The Software Provider agrees to correct any such errors in a timely manner, after which the Licensee shall accept the source code for use pursuant to the terms of this agreement.
The Software Provider makes no guarantee as to the source code’s performance once it has been accepted by the Licensee.
Under no circumstances will either party or their representatives be liable to each other for any incidental, consequential, or indirect damages including but not limited to lost or damaged data, revenue loss, economic loss, or commercial loss arising out of a breach of any terms and conditions set forth in this source code license agreement.
This limitation of liability shall apply regardless of if the alleged breach is a fundamental breach or fundamental term.
Both parties are in understanding that some jurisdictions do not allow the exclusion of liability for consequential damages and as so the above limitation may not apply.
While the term of this agreement may be perpetual, this agreement may terminate immediately in the event any breach occurs of the terms and conditions listed herein.
The defaulting party will be allotted 30 days to cure the breach upon written notice or face immediate agreement termination.
Under no condition should any disclosures of the licensed source code or theft of the Clients computers be grounds for termination of this agreement.
In the event of termination the Licensee must destroy any and all copies of the Software as well as the included documentation.
The Licensee agrees to hold the Software Provider harmless as well as defend the Software Provider from any and all damages, costs, and liabilities that take place from a lawsuit due to any of the following
Additionally, the Software Provider shall indemnify and hold the Licensee harmless against any damages related to the source code.
The Licensee agrees to display the following copyright notice in any final versions of Software containing the source code distributed to third parties.
/*************************************************************************
*
* JALAPENO LABS CONFIDENTIAL
* __________________
*
* [2025] Jalapeno Labs LLC
* All Rights Reserved.
* Full license at https://www.jalapenolabs.io/license
*
* NOTICE: All information contained herein is, and remains
* the property of Jalapeno Labs LLC and its suppliers,
* if any. The intellectual and technical concepts contained
* herein are proprietary to Jalapeno Labs LLC
* and its suppliers and may be covered by U.S. and Foreign Patents,
* patents in process, and are protected by trade secret or copyright law.
* Dissemination of this information or reproduction of this material
* is strictly forbidden unless prior written permission is obtained
* from Jalapeno Labs LLC.
*/
Any disputes related to this agreement shall be resolved in accordance with the laws of [Software.ProviderState] and any and all legal proceedings shall take place as such.
No terms or conditions on this agreement shall be modified or replaced without the written consent of both parties.
Both parties agree that direct monetary damages may not be the sole extent of damages related to a breach of this source code license agreement.
Therefore, each party agrees a breach in this agreement by the Licensee will allow the Software Provider to seek additional relief from the Licensee.
No employer/employee relationship is implied or established through this source code agreement.
Both parties shall remain fully independent business entities at all times.
This document shall constitute the entire binding agreement between the Parties for the source code listed.
Both parties have been made aware of all terms and conditions listed in this Source Code License agreement. By purchasing a product from Jalapeno Labs, both parties indicate their approval and acceptance of this agreement.