MarkCluster — Umowa licencyjna

MarkCluster to oprogramowanie komercyjne. Nie jest sprzedawane, lecz udostępniane na licencji. Prosimy uważnie przeczytać poniższą umowę licencyjną użytkownika końcowego MarkCluster. Instalując lub używając MarkCluster, akceptujesz ją.

Umowa została sporządzona w języku angielskim i rozstrzygający jest tekst angielski.

Komponenty innych firm dołączone do MarkCluster są wymienione w pliku THIRD_PARTY_NOTICES.md w folderze instalacji, a pełne teksty ich licencji znajdują się w pliku THIRD_PARTY_LICENSES.md.

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# MarkCluster End User License Agreement

Version 1.1 — effective 24 October 2026

Copyright © 2026 FUJIMORI Tomotaka. All rights reserved.

This End User License Agreement ("Agreement") is a legal agreement between you and
FUJIMORI Tomotaka, an individual sole proprietor in Japan ("Licensor"), for the MarkCluster
software. Please read it carefully. **By installing, copying or using MarkCluster, you agree to be
bound by this Agreement.** If you do not agree, do not install or use MarkCluster.

If you accept this Agreement on behalf of a company or other organization, you confirm that you
are authorized to bind it, and "you" means that organization.

## 1. Definitions

- **"Software"** means the MarkCluster application in object-code form, including any updates
  and documentation that the Licensor makes available to you.
- **"License"** means the right to use the Software that you obtain by purchasing it from the
  Licensor or an authorized reseller, as identified by a license key.
- **"Device"** means a single physical or virtual computer on which the Software is installed.
- **"Major Version"** means the version identified by the first number of the version number
  (for example, 1.0, 1.2 and 1.9 all belong to Major Version 1).
- **"Third-Party Components"** means the software and fonts by other authors that are included
  in the Software and listed in THIRD_PARTY_NOTICES.md and THIRD_PARTY_LICENSES.md.

## 2. Purchase and reseller

The Software is sold through Paddle.com and its affiliates ("Paddle"), which act as the reseller
and merchant of record for all orders. Your purchase, payment, taxes, invoices and refunds are
governed by Paddle's Buyer Terms in effect at the time of purchase. This Agreement governs your
use of the Software. Paddle is not a party to this Agreement and has no obligations regarding the
Software.

## 3. Free trial

You may use the Software free of charge for evaluation for 14 days from the first time a Major
Version of it is started on a Device ("Trial Period"). During the Trial Period the Software is
provided "as is", without any warranty, to the extent permitted by law. After the Trial Period
ends, you may continue to use the Software without a License only to view, search, print and
export your notes, so that you always have access to your content; editing and the AI features
require a License. You must not reset, extend or circumvent the Trial Period.

## 4. License grant

Subject to your compliance with this Agreement and payment of the applicable fee, the Licensor
grants you a non-exclusive, non-transferable, non-sublicensable, worldwide and perpetual license to:

1. install and use the Software on up to **three (3) Devices** that you own or control, for use by
   **one (1) individual** — you, or, if the License was purchased by an organization, the one
   individual to whom the organization assigns it; and
2. use the Software for personal, educational, non-profit and commercial purposes.

Each individual who uses the Software needs a separate License. An organization may reassign a
License from one individual to another (for example, when an employee leaves), but not more than
once every 90 days, and the previous individual must stop using it.

You may make one copy of the installer for backup purposes.

## 5. Updates

Your License includes, free of charge, the updates to the Major Version you purchased (for
example, a License for version 1.x includes all later 1.x versions). New Major Versions may require
a paid upgrade. You may keep using the versions you are licensed for after a new Major Version is
released.

**Security updates and support period.** The Licensor will provide, free of charge, security updates
and the other updates needed to keep the Software in conformity with this Agreement for each Major
Version until at least the end of its support period stated on the MarkCluster website (for Major
Version 1: **31 December 2031**), and in any case for as long as applicable law requires. Apart from
this, the Licensor is not obliged to provide new features or new versions. Updates are announced on
the MarkCluster website and, for important security updates, may also be sent by email to the
address used for your purchase. You decide whether to install an update; to the extent permitted by
law, the Licensor is not responsible for a lack of conformity that an update made available to you
would have remedied. This Agreement (or the version accompanying an update) applies to updates.

## 6. License key

Your license key is personal and confidential. You must not share, publish, sell or transfer it,
or use it beyond the limits in Section 4. The Software may check the license key on your Device to
confirm that it is valid. The Licensor may deactivate a license key that has been shared,
published, refunded, charged back or obtained fraudulently.

## 7. Restrictions

Except as expressly permitted by this Agreement or by mandatory applicable law, you must not:

- copy, modify, translate or create derivative works of the Software;
- reverse engineer, decompile or disassemble the Software, except to the extent that applicable
  law expressly permits it despite this restriction (for example, to achieve interoperability);
- remove, disable or circumvent the license key checks, the Trial Period or any other technical
  protection;
- rent, lease, lend, sell, sublicense, distribute or otherwise make the Software available to any
  third party, including as a hosted or shared service;
- remove or alter any copyright, trademark or other proprietary notices; or
- use the Software in violation of any applicable law.

## 8. Ownership

The Software is licensed, not sold. The Licensor (and its licensors) retain all right, title and
interest in and to the Software, including all intellectual property rights. All rights not
expressly granted to you are reserved.

## 9. Third-Party Components

Third-Party Components are licensed to you under their own license terms, which are reproduced in
THIRD_PARTY_NOTICES.md and THIRD_PARTY_LICENSES.md. Nothing in this Agreement restricts the rights
those licenses give you for the Third-Party Components.

## 10. Your content, privacy and third-party services

- **Your notes are yours.** The Software stores your notes and settings on your own Device. The
  Software does not send your notes or usage data to the Licensor.
- **AI features.** If you choose to use the AI features, the text you select is sent directly from
  your Device to the AI service you configure (such as Anthropic or OpenAI), using your own account,
  API key or subscription, and is subject to that provider's terms and privacy policy. You are
  responsible for having the rights to send that content and for any fees charged by the provider.
- **Other software on your Device.** Features such as printing and saving as PDF use your web
  browser and operating system.
- **Personal data.** Your license key contains the name and email address of the licensee and the
  order number, so that the Software can show who it is licensed to. How the Licensor handles
  personal data (for example, the data received from Paddle to issue your license) is described in
  the privacy policy at https://markcluster.com/legal/privacy/.
- The Licensor is not responsible for third-party services or software, their availability, or
  changes to them, and the related features may stop working if they change.

## 11. Warranty disclaimer

To the maximum extent permitted by applicable law, the Software is provided "as is" and "as
available", with all faults and without warranty of any kind, whether express, implied or
statutory, including any warranty of merchantability, fitness for a particular purpose, accuracy
or non-infringement. The Licensor does not warrant that the Software will be error-free or
uninterrupted, or that it will not lose data. **You are responsible for keeping backups of your
notes.**

If you are a consumer, this Section 11 does not limit the statutory warranty (legal guarantee of
conformity) for digital content that you have under the law of the country where you live — for
example, in the European Union, the European Economic Area, the United Kingdom or Switzerland.

## 12. Limitation of liability

To the maximum extent permitted by applicable law:

1. the Licensor will not be liable for any indirect, incidental, special, consequential or
   punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or in
   connection with the Software or this Agreement; and
2. the Licensor's total liability arising out of or in connection with the Software or this
   Agreement will not exceed the amount you actually paid for the License.

These limitations do not apply to liability for death or personal injury caused by negligence,
for fraud, for damage caused by the Licensor's willful misconduct or gross negligence, or to any
other liability that cannot be excluded or limited under applicable law.

**Consumers in the EU, EEA, UK and Switzerland.** If you are a consumer habitually resident in the
European Union, the European Economic Area, the United Kingdom or Switzerland, items 1 and 2 above
do not apply to you. Instead, the Licensor is liable without limitation for damage caused
intentionally or by gross negligence, for injury to life, body or health, and under mandatory
product liability law. For damage caused by slight negligence, the Licensor is liable only for a
breach of an obligation that is essential for the proper performance of this Agreement and on
whose fulfilment you may regularly rely, and then only for damage that was foreseeable and typical
for this kind of agreement.

## 13. Consumer rights

If you are a consumer, you may have rights under the laws of the country where you live that
cannot be excluded or limited by contract, including rights relating to digital content that
does not conform to the contract. Nothing in this Agreement affects those rights. Rights to cancel
or withdraw from a purchase and to obtain a refund are provided by Paddle under its Buyer Terms.

If you are a consumer in the European Union, the European Economic Area or the United Kingdom, you
generally have a statutory right to withdraw from your purchase within 14 days. Because the license
key is delivered immediately, this right may end once delivery begins if you expressly agreed to
that and acknowledged it at checkout. Independently of that right, the 30-day money-back guarantee
described on the MarkCluster website applies to every purchase.

## 14. Term and termination

This Agreement is effective until terminated. It terminates automatically, without notice, if you
fail to comply with it and (where the breach can be remedied) do not remedy the breach within 14
days. It also terminates for the relevant License if your payment is refunded or charged back.
On termination you must stop using the Software and delete all copies. Sections 7 to 13 and 15 to
17 survive termination.

## 15. Export control

You must comply with all applicable export control and sanctions laws, and you must not use,
export or re-export the Software in violation of them.

## 16. Governing law and jurisdiction

This Agreement is governed by the laws of Japan, without regard to its conflict-of-laws rules. The
United Nations Convention on Contracts for the International Sale of Goods does not apply. The
Tokyo District Court has exclusive jurisdiction as the court of first instance for any dispute
arising out of or in connection with this Agreement.

If you are a consumer, this choice of law and court does not deprive you of the protection of the
mandatory provisions of the law of the country where you live, or of any right you have under that
law to bring proceedings in the courts of that country.

## 17. General

- **Entire agreement.** This Agreement (together with Paddle's Buyer Terms for your purchase) is
  the entire agreement between you and the Licensor concerning the Software.
- **Changes.** The Licensor may publish a new version of this Agreement for future versions of the
  Software. The version accompanying a version of the Software applies to that version.
- **Severability.** If any provision is held invalid or unenforceable, it will be limited to the
  minimum extent necessary and the remaining provisions remain in effect.
- **No waiver.** A failure to enforce any provision is not a waiver of it.
- **Assignment.** You may not assign this Agreement except as described in Section 4. The Licensor
  may assign it in connection with a transfer of the Software.
- **Language.** This Agreement is written in English. Translations are provided for convenience
  only; if there is any conflict, the English version prevails, except where applicable law
  requires otherwise.
- **Contact.** For questions about this Agreement or the Software, use the support contact shown
  on the MarkCluster website or in your purchase receipt. To report a security vulnerability, follow
  the instructions at https://markcluster.com/legal/terms/#security (also published at
  https://markcluster.com/.well-known/security.txt).
