End User License Agreement

1. MIT-Licensed Software Comes First

PekoScript, the Peko CLI, the Peko compiler, the toolchain, Peko Studio, and the associated libraries are released under the MIT License. The licence text ships with the software and is included in each source repository.

Under the MIT License you are free, without charge and without asking us, to:

• Use the software for any purpose, including commercially and inside a company or organisation.
• Copy it and run it on any number of machines.
• Modify it, fork it, and build on it.
• Merge it into your own software, whether that software is open source or proprietary.
• Publish, distribute, sublicense, and sell copies of it or of your modified versions.
• Reverse engineer, decompile, and study it. The source is public.

The only condition is the one the MIT License itself imposes: the copyright notice and the permission notice must be included in copies or substantial portions of the software. As the licence states, it is provided "as is", without warranty of any kind.

Nothing in this agreement limits, conditions, or revokes any of those rights. Where this agreement and the MIT License conflict as applied to MIT-licensed software, the MIT License governs. You do not need to accept this agreement to exercise your MIT rights.

2. What This Agreement Covers

This agreement covers only the Peko software you install that is not released under the MIT License ("the Proprietary Components", also referred to in this agreement as "the Software"). At present that means the proprietary first-party packages we distribute to entitled accounts through the packages registry, such as gated build tooling, and any future component we explicitly publish under a proprietary licence rather than MIT.

If a component does not carry a proprietary licence notice, treat it as MIT-licensed and this agreement does not apply to it.

Use of the hosted platform itself is covered by the Terms of Service and the Acceptable Use Policy, not by this agreement.

3. Licence Grant

Subject to your compliance with this agreement and with any entitlement attached to your account, we grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the Proprietary Components on machines you own or control, for the purpose of developing, building, testing, and shipping your own applications. You may install them on as many of your own machines as you need, and use them in automated builds that you operate.

4. Applications You Build Are Yours

You own the applications you build and the code you write. We claim no rights in them. Runtime components that the toolchain links or bundles into your application may be distributed as part of that application without a further licence from us.

5. Restrictions on the Proprietary Components

These restrictions apply only to the Proprietary Components defined in section 2. They do not apply to MIT-licensed software.

• Do not redistribute, resell, rent, lease, or sublicense them as a standalone product, or offer them to third parties as a hosted service.
• Do not remove, alter, or obscure any copyright, licence, or attribution notice.
• Do not reverse engineer, decompile, or disassemble them, except to the extent that this restriction is unenforceable under applicable law.
• Do not circumvent entitlement checks, licence checks, or usage metering.

6. Updates

The Software may check for and install updates. Updates are provided under this agreement unless they are accompanied by different terms, in which case those terms govern the update. We may change, or stop supporting, any version of the Software.

7. Third-Party Components

The Software includes third-party open-source components, each licensed under its own terms. Those terms are distributed with the Software and continue to apply. Nothing in this agreement limits rights granted to you under an open-source licence.

8. Ownership

The Proprietary Components are licensed, not sold. Peko UI Technologies LLC retains all right, title, and interest in them, including all intellectual property rights. All rights not expressly granted here are reserved. This section does not apply to MIT-licensed software, which you hold on the terms of the MIT License.

9. Termination

Your licence to the Proprietary Components ends automatically if you break the terms of this agreement, and ends if the entitlement on your account lapses. On termination you must stop using them and remove them from your machines. Your rights under the MIT License are unaffected and continue. Applications you have already built and shipped are unaffected. Sections 4, 7, 8, 10, 11, and 12 survive termination.

10. No Warranty

The Software is provided "as is" and "as available", without warranty of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the Software will be uninterrupted, error-free, or that it will produce output accepted by any app store.

11. Limitation of Liability

To the maximum extent permitted by law, Peko UI Technologies LLC is not liable for any indirect, incidental, special, consequential, or exemplary damages, or for lost profits, lost revenue, or lost or corrupted data, arising out of or relating to the Software. Our total aggregate liability arising out of or relating to the Software is limited to the greater of the amount you paid us in the twelve months preceding the claim, or one hundred dollars ($100), matching the cap in the Terms of Service.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. Where that is the case, the exclusions and limitations above apply only to the extent permitted.

12. Governing Law

This agreement is governed by the laws of the State of California, United States, without regard to its conflict of law provisions. Any dispute arising out of or relating to this agreement shall be resolved exclusively in the state or federal courts located in San Diego County, California, and you consent to the personal jurisdiction of those courts.

13. Contact

Questions about this agreement: [email protected].