Proprietary engine EULA (review draft)

Terms proposed for proprietary Kaleidoscope engine object code; public Apache-2.0 components and CC BY 4.0 documentation remain separate.

Download the plain-text source.

KALEIDOSCOPE ENGINE END USER LICENSE AGREEMENT
REVIEW DRAFT - NOT FOR PRODUCTION DISTRIBUTION

Last updated: August 22, 2026

IMPORTANT: This review draft is included only in a private, dry-run release
candidate. It does not authorize publication or distribution. Before any
production release, the Licensor's exact legal name, notice address, governing
law, venue, consumer-law treatment, liability cap, and acceptance flow must be
approved and inserted.

This End User License Agreement ("Agreement") governs the proprietary
Kaleidoscope native engine object code distributed with a Kaleidoscope product
(the "Engine"). The person or entity that supplies the Engine under an order,
receipt, download page, or other release record is the "Licensor." "You" means
the individual or entity accepting this Agreement.

By installing, copying, or using a production copy of the Engine after being
presented with this Agreement, You agree to it. If You accept for an
organization, You represent that You have authority to bind that organization.
If You do not agree, do not install or use the Engine and remove any copies
provided to You. This acceptance paragraph does not activate this review draft.

1. SCOPE AND SEPARATE MATERIALS

1.1 Engine. The Engine includes proprietary executable code, embedded
components and model assets supplied with it, and updates the Licensor
designates as governed by this Agreement.

1.2 Public components. The Kaleidoscope public manager, SDKs, wrappers,
integrations, examples, snippets, and agent skill are separate works licensed
under the Apache License 2.0 when their distribution says so. Original
Kaleidoscope documentation may be licensed under Creative Commons Attribution
4.0 International when marked accordingly. Those public licenses are not
restricted by this Agreement.

1.3 Third-party material. Third-party components are governed by their
applicable notices and license terms. Those terms control if they conflict with
this Agreement for that component. The Engine's command-line notice report and
the package's third-party notice file identify applicable components.

1.4 Services. Hosted services, accounts, billing, support plans, and
professional services may have separate terms. This Agreement does not create a
hosted-memory service or authorize upload of local memory data.

2. LICENSE GRANT

Subject to Your compliance with this Agreement and any applicable order or
entitlement, the Licensor grants You a limited, non-exclusive,
non-transferable, non-sublicensable, revocable license to:

(a) install and run the Engine in object-code form on devices You own or
control, solely for Your personal or internal business use with Kaleidoscope
products;

(b) make one reasonable backup copy for disaster recovery; and

(c) permit Your employees and contractors to use the Engine for Your benefit,
provided they are bound by obligations at least as protective as this
Agreement and You remain responsible for their compliance.

The license is limited by the devices, users, term, plan, and other entitlement
terms stated in Your order or release record. If no such limit is stated, the
license is for one user on devices that user owns or controls.

3. RESTRICTIONS

Except to the extent a restriction is prohibited by applicable law, You must
not, and must not enable another person to:

(a) copy the Engine except as expressly permitted;

(b) sell, resell, rent, lease, sublicense, distribute, publish, transfer, or
make the Engine available to a third party;

(c) use the Engine to provide a hosted, service-bureau, time-sharing, or
managed service for third parties;

(d) modify, translate, adapt, or create derivative works of the Engine;

(e) reverse engineer, decompile, disassemble, or otherwise attempt to derive
source code, non-public algorithms, models, keys, or protocols from the Engine;

(f) bypass or defeat license, entitlement, signature, integrity, access, or
usage controls;

(g) remove, obscure, or alter proprietary notices; or

(h) use the Engine unlawfully or in a way that infringes another person's
rights.

Where applicable law permits interoperability research or reverse engineering
despite this section, You may exercise only the non-waivable right, after first
requesting reasonably necessary interoperability information from the
Licensor, and only to the minimum extent the law permits.

4. OWNERSHIP AND FEEDBACK

The Engine is licensed, not sold. The Licensor and its licensors retain all
right, title, and interest in the Engine and all intellectual-property rights
not expressly granted. No implied license is granted. Kaleidoscope names,
logos, and marks are not licensed except for truthful identification of the
product.

If You voluntarily provide product feedback, You grant the Licensor a
worldwide, perpetual, irrevocable, royalty-free right to use and incorporate
that feedback without identifying You. This does not grant rights in Your
memory content, prompts, queries, results, or other local data.

5. LOCAL DATA, ACCOUNTS, AND NETWORK USE

5.1 Local engine data. Under the documented local configuration, memory
content, queries, selected results, graph data, and vault files remain on
devices You control. You own Your content. You are responsible for lawful
collection, use, backups, access control, and deletion of that content.

5.2 No implied upload. Installing or using the Engine does not authorize the
Licensor to upload, sync, train on, sell, or delete Your local memory data.
A hosted or sync feature requires a separate, express agreement and user
action.

5.3 Optional account features. If You choose to use account or device
features, the public manager may communicate the bounded account fields
described in the then-current privacy notice. Account traffic is separate from
the Engine's local memory protocol.

5.4 Diagnostics. Do not send secrets, raw memory content, credentials, or
private paths in a support request. Review and redact diagnostic output before
sharing it.

6. UPDATES AND CHANGES

The Licensor may provide updates, patches, or replacements. An update may be
required for security, compatibility, or continued service access. Updates are
governed by this Agreement unless supplied with different terms. The Licensor
does not promise any update, feature, compatibility, or maintenance period
except in a separate written support plan.

7. SECURITY AND RESPONSIBLE USE

You must use reasonable safeguards for devices, credentials, profiles, and
vaults; install security updates within a reasonable time; and notify the
Licensor through the published security channel if You discover a suspected
vulnerability. You must not publicly disclose exploit details before a
reasonable coordinated-disclosure period unless applicable law requires it.

8. CONFIDENTIALITY

Non-public Engine internals, private release materials, keys, and technical
information identified as confidential or reasonably understood to be
confidential are the Licensor's confidential information. You must protect them
with at least reasonable care and use them only as this Agreement permits.
This section does not cover information You can document was lawfully public,
already known without restriction, independently developed, or received
lawfully from another source.

9. COMPLIANCE

You must comply with applicable export-control, sanctions, anti-corruption, and
other laws. You represent that You are not prohibited from receiving the
Engine. You are responsible for obtaining permissions needed for Your data and
use case. The Engine is not designed or warranted for emergency, life-support,
nuclear, weapons, or other use where failure could reasonably cause death,
personal injury, or severe environmental or property damage.

10. TERM AND TERMINATION

This Agreement starts when validly accepted and continues while You possess or
use the Engine, unless an order states a shorter term. Your license terminates
automatically if You materially breach this Agreement and do not cure a
curable breach within 30 days after notice. It may terminate immediately for a
breach of Sections 3, 8, or 9, or where continued performance would violate
law.

When the license ends, stop using the Engine and delete all copies, except one
archival copy retained solely if law requires it. Sections concerning
ownership, confidentiality, disclaimers, liability, and general terms survive.

11. WARRANTY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENGINE IS PROVIDED "AS IS" AND "AS
AVAILABLE." THE LICENSOR AND ITS SUPPLIERS DISCLAIM ALL EXPRESS, IMPLIED, AND
STATUTORY WARRANTIES, INCLUDING TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET
ENJOYMENT, AND THAT THE ENGINE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.

THIS DISCLAIMER DOES NOT EXCLUDE WARRANTIES OR REMEDIES THAT CANNOT LAWFULLY BE
EXCLUDED. ANY EXPRESS LIMITED WARRANTY IN AN ORDER CONTROLS OVER THIS SECTION
ONLY TO THE EXTENT OF THE CONFLICT.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE LICENSOR NOR ITS SUPPLIERS
WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, BUSINESS,
OPPORTUNITY, OR DATA, ARISING FROM THE ENGINE OR THIS AGREEMENT, EVEN IF ADVISED
THAT SUCH DAMAGES WERE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE LICENSOR
AND ITS SUPPLIERS ARISING FROM THE ENGINE OR THIS AGREEMENT WILL NOT EXCEED THE
GREATER OF (A) THE AMOUNT YOU PAID FOR THE ENGINE DURING THE 12 MONTHS BEFORE
THE EVENT GIVING RISE TO LIABILITY OR (B) USD 100.

THE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED. Some
jurisdictions do not allow particular exclusions or limits, so parts of this
section may not apply to You. The parties intend the limitations to allocate
risk and apply even if a limited remedy fails of its essential purpose.

13. GENERAL TERMS

13.1 Governing law and venue. The production Agreement must identify the
Licensor's jurisdiction and an appropriate exclusive venue before release.
Mandatory consumer protections and non-waivable statutory rights continue to
apply.

13.2 Assignment. You may not assign this Agreement without the Licensor's prior
written consent, except in connection with a merger or sale of substantially
all assets where the assignee accepts this Agreement. The Licensor may assign
this Agreement as part of a reorganization, financing, or sale of the relevant
business.

13.3 Notices. Legal notices must be sent to the address identified in the
production download page or order. A production release must provide an exact
legal entity, postal or electronic notice address, and security contact.

13.4 Entire agreement; order of precedence. This Agreement, applicable orders,
and incorporated third-party notices are the entire agreement about the
Engine. An executed order controls over this Agreement for its subject matter.
A purchase order does not modify these terms unless expressly accepted in
writing.

13.5 Severability and waiver. If a provision is unenforceable, it will be
reformed only to the minimum extent necessary, and the remainder stays in
effect. A failure to enforce a provision is not a waiver.

13.6 Force majeure. Neither party is responsible for delay caused by events
beyond its reasonable control, except payment obligations.

13.7 Language. The English version controls unless applicable law requires
otherwise.

END OF REVIEW DRAFT