Proprietary License Notice

1Definitions

• "Licensor", "ELEOS", "we" or "us" means ELEOS WORLD LTD, a private company limited by shares registered in England and Wales under company number 13229012, together with its affiliates (including PIKD KZ LLP).
• "PIKD SDK" or "SDK" means the PIKD software development kit and all components that we make available under the PIKD name. This includes, without limitation, PIKDARKit and its native binaries and compiled artifacts (such as iOS xcframeworks and Android AARs), the PIKD /sdk/v1 API client packages and libraries (for Dart/Flutter, TypeScript, Swift, and Kotlin), the Flutter plugin, sample and example code, developer tools, API keys and credentials, and all accompanying documentation, together with any updates that we provide.
• "SDK Agreement" means a separate written agreement between ELEOS (or an ELEOS affiliate) and a customer that expressly grants rights to use the PIKD SDK.
• "You" or "Your" means any person or entity that accesses, downloads, possesses, or uses any part of the PIKD SDK.

2Proprietary rights

The PIKD SDK is proprietary to ELEOS and constitutes its confidential information and trade secrets. It is protected by copyright, trade secret, and other intellectual property laws, as well as by international treaties. ELEOS and its licensors own all right, title, and interest in the PIKD SDK, including all intellectual property rights in it. The PIKD SDK is licensed, not sold, and no ownership rights pass to You.

3No license granted by possession

Accessing, downloading, receiving, or possessing any part of the PIKD SDK does not grant You any license or right to use, copy, reproduce, modify, adapt, translate, publish, display, distribute, redistribute, sublicense, sell, rent, lease, lend, host, transmit, or reverse engineer the PIKD SDK, to create derivative works from it, or to integrate or use it in or with any application, product, or service.

4Use requires a separate SDK Agreement

Any use of the PIKD SDK requires an active, separate written SDK Agreement with ELEOS. Your rights are limited to those expressly granted in that SDK Agreement, including its scope, permitted purpose, environment, territory, term, and any fees. Commercial terms, such as fees, duration, support, and service levels, are set out in the applicable SDK Agreement or order form rather than in this Notice.

If You do not have an active SDK Agreement, You are not authorized to use the PIKD SDK.

5Restrictions

Except to the extent expressly permitted by an active SDK Agreement, or required by mandatory law that cannot be excluded, You shall not, and shall not permit or enable any third party to:

• (a) use, run, install, integrate, deploy, or otherwise exploit the PIKD SDK;
• (b) copy, reproduce, distribute, publish, sublicense, sell, rent, lease, lend, assign, or otherwise transfer the PIKD SDK, or make it available to any third party;
• (c) modify, adapt, translate, or create derivative works based on the PIKD SDK;
• (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, algorithms, or underlying ideas of the PIKD SDK, except to the extent this restriction cannot be excluded under applicable law;
• (e) remove, obscure, or alter any copyright, trademark, or other proprietary notices;
• (f) use the PIKD SDK to develop, train, or improve a competing product or service, or to carry out benchmarking or publish performance or comparison results;
• (g) circumvent, disable, or interfere with any license keys, credentials, usage limits, metering, security, or technical protection measures;
• (h) use the PIKD SDK outside the scope, purpose, environment, territory, or term permitted by an SDK Agreement; or
• (i) use the PIKD SDK in breach of any applicable law or third-party right.

6Confidentiality

The PIKD SDK is confidential to ELEOS. This includes its architecture, source and object code, APIs, algorithms, credentials, keys, and documentation. You shall keep the PIKD SDK confidential, shall not disclose it to any third party, and shall use it only as permitted by an active SDK Agreement. These obligations are in addition to any confidentiality terms in an SDK Agreement, and they continue after You cease to possess the PIKD SDK.

7If You have no SDK Agreement

If You obtain or possess any part of the PIKD SDK without an active SDK Agreement, You shall immediately stop using it, permanently delete and destroy all copies in Your possession or control, and, on request, confirm that deletion to ELEOS in writing.

8Third-party and open-source components

The PIKD SDK may include third-party or open-source components that are licensed under their own terms. Those terms govern Your use of the relevant components, and they prevail over this Notice to the extent of any conflict as to those components. A list of these components and their licenses is available from ELEOS on request. Nothing in this Notice grants or restricts any right that is governed by an applicable open-source license.

9Feedback

If You provide ELEOS with any suggestion, idea, report, or other feedback about the PIKD SDK, You grant ELEOS a perpetual, irrevocable, worldwide, royalty-free, and sublicensable license to use and exploit that feedback for any purpose, with no restriction or obligation to You.

10No warranty

To the maximum extent permitted by law, the PIKD SDK is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties or conditions of any kind, whether express, implied, or statutory. This includes any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy, or non-infringement, and any warranty of uninterrupted or error-free operation. Any warranty that ELEOS actually gives is set out only in an SDK Agreement.

11Limitation of liability

To the maximum extent permitted by law, ELEOS has no liability to You in connection with the PIKD SDK where no SDK Agreement is in place. Where an SDK Agreement is in place, ELEOS's liability is governed and limited only by that SDK Agreement. Nothing in this Notice excludes or limits any liability that cannot be excluded or limited under applicable law, such as liability for death or personal injury caused by negligence, or for fraud.

12Export control and sanctions

You shall comply with all applicable export control, trade, and sanctions laws and regulations, including those of the United Kingdom, the European Union, and the United States. You shall not access, download, use, export, or re-export the PIKD SDK in breach of those laws, and shall not make it available to any restricted or sanctioned party or in any embargoed territory.

13Reservation of rights

ELEOS reserves all rights that are not expressly granted under an SDK Agreement. No rights are granted by implication, estoppel, or otherwise.

14Suspension and revocation

ELEOS may suspend or revoke access to the PIKD SDK at any time. If access is suspended or revoked, if an SDK Agreement expires or is terminated, or if You have no active SDK Agreement, You shall stop using the PIKD SDK and delete all copies as set out in Section 7.

15Relationship to the SDK Agreement

This Notice supplements any SDK Agreement and does not replace or limit it. If You are a party to an active SDK Agreement, that SDK Agreement governs Your use of the PIKD SDK, and it prevails over this Notice to the extent of any conflict between the two.

16Governing law and jurisdiction

This Notice, and any dispute or claim arising out of or in connection with it (including any non-contractual dispute or claim), are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction, except where an SDK Agreement specifies a different governing law and forum between its parties.

17Contact

To obtain an SDK Agreement, or for any licensing enquiry, please contact ELEOS before using the PIKD SDK.