LICENSE.txt

Pocket Botwin Non-Commercial License v1.5
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Copyright (c) 2026 Botwin.tokyo

All rights reserved except as expressly granted below.


0. Contract Nature and Acceptance
---------------------------------

0.1. This License is a binding contract between You and the Author.

0.2. By downloading, installing, copying, accessing, or modifying the Software, You indicate Your assent to all terms of this License. If You do not agree to these terms, You may not use the Software.


1. Definitions
--------------

1.1. "Author" means Botwin.tokyo, the original creator and rights holder of the Software.

1.2. "Software" means the Pocket Botwin source code, binaries, documentation, configuration files, and any associated materials contained in this repository or any derivative work based on it.

1.3. "You" (or "Your") means any individual or legal entity exercising permissions granted by this License.

1.4. "Non-Commercial Use" means any use of the Software that is NOT intended for or directed toward commercial advantage or monetary compensation.
Non-Commercial Use includes, without limitation:
     (a) personal use on Your own devices or infrastructure;
     (b) experimentation, research, and learning;
     (c) internal evaluation where the Software is not sold, licensed for a fee, or used to deliver a paid service to third parties.

1.5. "Commercial Use" means any use of the Software, or any Derivative Work, that is intended for or directed toward commercial advantage or monetary compensation, whether direct or indirect.
Commercial Use includes, without limitation:
     (a) selling, licensing, or otherwise distributing the Software or Derivative Works for a fee or other economic benefit;
     (b) using the Software or Derivative Works to provide paid products, consulting deliverables, integrations, or custom solutions to third parties;
     (c) operating any Software-as-a-Service (SaaS), hosted, managed, or multi-tenant service based on the Software or Derivative Works, regardless of whether end users pay directly or the service is monetized through subscriptions, advertising, enterprise plans, pay-per-use, or other revenue models;
     (d) using the Software or Derivative Works to train, improve, or power any product or service that is sold, licensed, or otherwise monetized;
     (e) collecting, selling, or otherwise monetizing data derived from the Software or from users of any instance of the Software for commercial purposes.

1.6. "Derivative Work" means any work that is based upon or incorporates the Software or any substantial portion of it, including but not limited to modifications, translations, adaptations, or combinations with other software, as well as any implementation that is functionally or interface compatible with the Software such that it can be used as a drop-in or substantially equivalent replacement in a Commercial Use context.


2. Grant of Rights (Non-Commercial Only)
----------------------------------------

Subject to the terms and conditions of this License, the Author hereby grants You a worldwide, royalty-free, non-exclusive, non-transferable license to:

2.1. Use the Software for Non-Commercial Use on Your own devices or infrastructure.

2.2. Modify the Software for Non-Commercial Use.

2.3. Reproduce and distribute unmodified or modified copies of the Software for Non-Commercial Use, provided that:
     (a) You include a complete copy of this License with any such distribution; and
     (b) You retain all copyright and attribution notices present in the original Software; and
     (c) You clearly mark any modifications You have made.

2.4. Patent License (Non-Commercial Only).
Subject to the terms and conditions of this License, the Author hereby grants You a worldwide, royalty-free, non-exclusive license under any patents owned or controlled by the Author that would be infringed by the unmodified Software, solely for Non-Commercial Use. Any Commercial Use of the Software or Derivative Works is outside the scope of this patent license and may constitute patent infringement.

2.5. Patent Retaliation.
If You assert, or assist in asserting, any claim that the Author or the Software infringes any patent that You own or control, the Author shall provide You with written notice of breach. If You do not fully withdraw or otherwise resolve such claim to the Author’s reasonable satisfaction within thirty (30) days after the date of that notice, this License shall automatically terminate, and the Author may pursue all available remedies, including damages and injunctive relief. Upon such termination, all rights granted to You under this License, including the patent license in Section 2.4, shall automatically cease.


3. Restrictions
---------------

The rights granted above are explicitly limited to Non-Commercial Use. You may NOT:

3.1. Engage in any Commercial Use of the Software or any Derivative Work, including activities outlined in Section 1.5.

3.2. Sell, license, or otherwise distribute the Software or any Derivative Work for monetary compensation or other commercial advantage.

3.3. Use the Software, or any Derivative Work, to provide a paid or Commercial Use service, including but not limited to:
     (a) Software-as-a-Service (SaaS);
     (b) hosted or managed services;
     (c) integration into fee-based consulting or solution deliverables;
     (d) bundled products or subscriptions offered for a fee.

3.4. Operate, or assist others in operating, a hosted, multi-tenant, or SaaS-style service based on the Software or any Derivative Work as part of a business, startup, or commercial operation, whether charging end users directly or monetizing indirectly (e.g., through ads, subscriptions, enterprise plans, pay-per-use, sponsorships, or resale).

3.5. Integrate the Software, or any Derivative Work, into a commercial product or service, including proprietary mobile apps, server products, or libraries, without the prior written permission of the Author.

3.6. Remove or alter any copyright, attribution, or license notices contained in the Software, except where such notices are no longer applicable to Your own original contributions.

3.7. Misrepresent the origin of the Software. If You distribute the Software or a Derivative Work, You must not misrepresent it as Your own original work.

3.8. Use any trademarks, service marks, or branding of the Author (including "Botwin", "Pocket Botwin", "Botwin.tokyo" and related marks) except as permitted in Section 11.

3.9. Reverse Engineering.
Except to the extent expressly permitted by applicable law notwithstanding this restriction, You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or underlying ideas of any portion of the Software that is provided to You only in object-code or binary form.

3.10. No Adverse Effect on Community Use.
You may not impose additional contractual terms, technical measures, or other restrictions that would prevent or materially hinder other users from making legitimate Non-Commercial Use of the Software, including submitting bug reports, documentation updates, or other good-faith community contributions.


4. Ownership, No-Implied-License, and Non-Transferability
---------------------------------------------------------

4.1. The Software is licensed, not sold. All rights, title, and interest in and to the Software that are not expressly granted to You under this License are reserved by the Author.

4.2. Except for the limited licenses expressly granted in Section 2, no other rights or licenses (whether by implication, estoppel, or otherwise) are granted, except as otherwise required by applicable law. Any use of the Software not expressly permitted by this License is prohibited unless a separate written agreement is executed with the Author.

4.3. This License does not grant You any rights to the Author’s trademarks, service marks, domain names, or branding, except as set forth in Section 11.

4.4. Non-Transferability.
You may not assign, sublicense, or otherwise transfer any of the rights granted to You under this License, in whole or in part, to any third party without the prior written consent of the Author. Any attempted assignment, sublicense, or transfer in violation of this Section shall be null and void.


5. No Warranty
--------------

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME ALL COSTS OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.


6. Limitation of Liability
--------------------------

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AUTHOR OR ANY CONTRIBUTORS BE LIABLE FOR ANY CLAIM, DAMAGES, OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT, OR OTHERWISE, ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SOFTWARE OR THE USE OF OR OTHER DEALINGS IN THE SOFTWARE.

THIS INCLUDES, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


7. Termination and Breach
-------------------------

7.1. This License is effective until terminated.

7.2. If You materially breach any provision of this License, the Author will provide You with written notice describing the breach. If You do not cure the breach in full within thirty (30) days after the date of that notice, Your rights under this License will automatically terminate at the end of that cure period.

7.3. Upon termination, You must cease all use of the Software and destroy all copies (including modified copies) in Your possession or control, except where retention is required by law.

7.4. Any use of the Software or Derivative Works in violation of this License constitutes both:
     (a) a breach of this contract; and
     (b) an infringement of the Author’s intellectual property rights (including copyright and, where applicable, patent rights).

7.5. The Author may pursue all available remedies for such breach and/or infringement, including injunctive relief, damages, and recovery of profits derived from the breach.


8. Commercial Use by Separate Agreement
---------------------------------------

If You wish to use the Software, or any Derivative Work, for Commercial Use — including but not limited to selling it, integrating it into a commercial product, or operating any SaaS or hosted service based on it — You must obtain a separate commercial license from the Author. Please contact the Author directly to discuss commercial licensing terms.


9. Contributions
----------------

9.1. If You submit any code, documentation, or other materials ("Contributions") to the project, You hereby grant to the Author a perpetual, irrevocable (except as otherwise required by applicable law), worldwide, royalty-free license to use, reproduce, modify, distribute, and sublicense such Contributions as part of the Software for Non-Commercial Use, consistent with this License. The Author may use such Contributions solely under the Non-Commercial Use terms of this License, unless You grant a separate written commercial license.

9.2. You agree that all Contributions You submit shall be licensed under this same Pocket Botwin Non-Commercial License, and that they may not be used by the Author to create a separately licensed Commercial Use version of the Contributions without Your prior written consent. You represent and warrant that You have the legal right to grant such a license for the Contributions.

9.3. Nothing in this Section 9 limits the Author’s ability to license the Author’s own original code (excluding Your Contributions) under different terms in the future. However, the Author shall not use Your Contributions by themselves to create a separately licensed Commercial Use version without Your prior written consent.


10. Audit and Compliance
------------------------

10.1. The Author may, upon reasonable notice and during normal business hours, request information from You reasonably necessary to verify Your compliance with this License. For purposes of this Section, "reasonable notice" shall mean at least ten (10) business days prior to the requested date for providing such information or for any on-site audit.

10.2. You agree to cooperate in good faith with any such request, including providing a summary of how and where You are using the Software and reasonable access to relevant records demonstrating compliance.

10.3. If an audit or investigation reveals unauthorized Commercial Use or other material breach, You agree to reimburse the Author for reasonable out-of-pocket costs actually incurred in connection with the audit, in addition to any other remedies available under this License or applicable law, provided that such reimbursement shall not exceed ten thousand U.S. dollars (USD $10,000) per audit.

10.4. The Author may exercise the audit rights in this Section directly or through an independent third-party auditor selected by the Author, provided that any such auditor is bound by a written confidentiality agreement that protects Your confidential information to at least the same degree as this License.


11. Trademark Use
-----------------

11.1. You may not use the names "Botwin", "Pocket Botwin", "Botwin.tokyo", or any related logos, trademarks, or service marks of the Author (collectively, the "Marks") in a way that suggests endorsement, sponsorship, or affiliation without the prior written consent of the Author.

11.2. You may use the Marks solely for the limited purpose of accurately identifying the Software (e.g., "forked from Pocket Botwin") in Non-Commercial Use contexts, provided such use does not imply endorsement or sponsorship by the Author.

11.3. Any commercial branding, marketing, or use of the Marks in connection with products, services, or businesses requires a separate, explicit written permission from the Author. Any use of the Marks not expressly authorized herein is a material breach of this License and may result in immediate termination of this License upon notice.


12. Governing Law and Venue
---------------------------

12.1. This License shall be governed by and construed in accordance with the laws of the State of Florida, U.S.A., without regard to its conflict of law principles.

12.2. You agree that any dispute arising out of or relating to this License or the Software shall be brought exclusively in the state or federal courts located in the State of Florida, and You hereby consent to the personal jurisdiction and venue of such courts.

12.3. If any dispute arising out of or relating to this License is heard in a court outside the United States, You agree that the substantive law of the State of Florida shall still apply to the fullest extent permitted by that court’s conflict-of-laws rules. If any specific provision of Florida law referenced by this License is deemed unenforceable by such a court, the parties agree that the court shall apply the most closely analogous enforceable provision of Florida law to give effect to the parties’ intent to the maximum extent permitted.


13. Remedies
------------

13.1. In addition to any other rights and remedies available at law or in equity, the Author shall be entitled to seek injunctive or other equitable relief to prevent or curtail any actual or threatened breach of this License.

13.2. In any action to enforce this License, the Author may seek recovery of:
      (a) reasonable attorneys’ fees and costs; and
      (b) any "Profits" or other financial benefits obtained by You as a result of the breach or unauthorized Commercial Use. For purposes of this Section, "Profits" means all net monetary gains directly attributable to the unauthorized Commercial Use, calculated in accordance with a reasonable royalty methodology under applicable law.

13.3. The availability of these remedies does not limit any other remedy available to the Author under applicable law.


14. Miscellaneous
-----------------

14.1. No term or condition of this License will be deemed waived and no breach excused unless such waiver or consent is in writing and signed by the Author. Your electronic acceptance of this License (including by clicking "I Agree", downloading, installing, or using the Software) constitutes a signed writing and a waiver of any claim that a separate handwritten signature is required under the Uniform Electronic Transactions Act (UETA) or analogous laws.

14.2. Severability.
If any provision of this License is held to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

14.3. This License constitutes the entire agreement between You and the Author concerning the Software and supersedes any prior or contemporaneous agreements, communications, or understandings, whether written or oral, relating to the Software.

14.4. Section headings are for convenience only and shall not affect the interpretation of this License.

14.5. No Substantive Modifications to License Text.
You may not modify the text of this License or distribute a modified version of this License. You may distribute copies of the Software only with the unmodified text of this License attached. Any purported amendment or modification of this License by You shall be null and void unless it is set forth in a separate written agreement signed by the Author.


15. Export Control and Sanctions Compliance
-------------------------------------------

15.1. You agree to comply with all applicable export control, trade, and economic sanctions laws and regulations in connection with Your use, distribution, or hosting of the Software.

15.2. You represent and warrant that You are not located in any country, and are not any person or entity, subject to comprehensive sanctions or other export restrictions under applicable law. You further represent and warrant that You will not use, distribute, or host the Software in or for the benefit of any such country, person, or entity.

15.3. You certify that You are not listed on, and are not owned or controlled by any person or entity listed on, the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons (SDN) List, any list maintained by the Office of Foreign Assets Control (OFAC), or any analogous sanctions or restricted-party list maintained by any other governmental authority.

15.4. Nothing in this License shall be interpreted to require the Author to act in violation of any applicable export control or sanctions law.


16. Indemnification
-------------------

16.1. You agree to indemnify, defend, and hold harmless the Author from and against any and all third-party claims, demands, actions, suits, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to:
      (a) Your use of the Software or any Derivative Work in violation of this License;
      (b) any unauthorized Commercial Use of the Software or any Derivative Work; or
      (c) Your violation of any applicable law or third-party rights in connection with such use.

16.2. The Author shall promptly notify You of any such claim and shall reasonably cooperate (at Your expense) in the defense of the claim. You may not settle any claim in a manner that imposes any admission of liability, obligation, or other material burden on the Author without the Author’s prior written consent.


END OF TERMS

BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS.