# Aether Engine — End-User License Agreement

> **DRAFT — not yet reviewed by counsel; not in force.** This document is a working draft. It does
> not create any binding agreement, is subject to change without notice, and must not be relied on
> until a reviewed, final version is published. Bracketed items marked `[…]` are placeholders to be
> completed before the agreement takes effect.

**Version:** draft · **Last updated:** 2026-07-20

This End-User License Agreement (the "Agreement") governs your use of the **Aether engine binaries**
(the "Software"): the proprietary command-line programs distributed by the Licensor, including
`aether_core`, `aether_converter`, `aether_export`, and `aether_aggregate` (and, on Windows, the
bundled `dxcompiler.dll`), together with any updates and accompanying files.

## 1. Parties

1.1 The Software is licensed, not sold, by **Gian-Andrea Heinrich, operating as "Waveshed"**,
Überlandstrasse 237, 8600 Dübendorf, Switzerland (the "Licensor", "we", or "us").
[Legal form, commercial register entry, and UID/VAT number to be inserted: e.g. sole
proprietorship / [CHE-XXX.XXX.XXX].]

1.2 "You" means the individual or entity that downloads, installs, or uses the Software. By doing
so, you accept this Agreement. If you do not agree, do not download, install, or use the Software.

## 2. License Grant

2.1 Subject to your compliance with this Agreement, the Licensor grants you a **personal,
non-exclusive, non-transferable, revocable** license to install and run the Software **on hardware
you own or control**, for the purpose of using it together with Waveshed or with other frontends
that are compatible with it (for example the Waveshed QGIS plugin).

2.2 The license is limited to the rights expressly granted here. No other rights are granted by
implication, estoppel, or otherwise.

## 3. API Key Requirement

3.1 The Software requires a **valid, time-limited API key** to operate. The key authenticates your
use and defines its scope and validity period.

3.2 When your key **expires or is revoked**, your right to run new analyses with the Software ends.
The Software may stop performing new work until a valid key is provided. Results you have already
produced remain yours.

3.3 You must keep your key confidential. You **must not share, publish, sell, or otherwise make the
key available** beyond the scope for which it was granted. You are responsible for activity carried
out with your key.

## 4. Pre-Release / Beta Software

4.1 The Software is **pre-release (beta) software** provided for early use and evaluation. It may
contain errors, may change substantially, and **may stop working** at any time.

4.2 We make **no service-level or availability commitment**. Features, interfaces, key issuance, and
supporting services may be changed, suspended, or discontinued at any time without liability to you.

## 5. Restrictions

You must not, and must not permit others to:

5.1 **redistribute**, publish, sublicense, lease, rent, lend, sell, or otherwise make the Software
available to any third party;

5.2 **reverse engineer**, decompile, or disassemble the Software, or attempt to derive its source
code, **except** to the extent that this restriction is prohibited by mandatory applicable law — for
instance, where you are entitled to obtain interoperability information under mandatory Swiss or EU
law, and only after any information required for interoperability has been requested from us and not
provided within a reasonable time;

5.3 remove, disable, or circumvent any **license key check, technical protection measure**, or
attribution or copyright notice in the Software; or

5.4 use the Software in violation of applicable law or of this Agreement.

## 6. Intellectual Property

6.1 The Software is protected by copyright and other laws. **All rights not expressly granted are
reserved** by the Licensor. Title to and ownership of the Software remain with the Licensor.

6.2 This Agreement covers **only the proprietary Aether engine binaries**. It does **not** cover, and
does not change the terms of, other Waveshed components that are distributed under their own
licenses:

- the **Waveshed QGIS plugin**, released under the **GNU General Public License (GPL)**; and
- the associated open-source **toolkit / libraries**, released under the **MIT or Apache 2.0**
  licenses.

Those components remain governed by their respective open-source licenses, which are unaffected by
this Agreement.

## 7. Privacy

7.1 When you download the Software, we may record basic **download analytics** (such as platform,
version, and approximate origin) as described in our Privacy Policy at
<https://waveshed.io/privacy>. Your use of the Software and of any API key is likewise subject to
that policy.

## 8. No Warranty

8.1 The Software is provided **"as is" and "as available", without warranty of any kind**, whether
express, implied, or statutory, including but not limited to any implied warranties of
merchantability, fitness for a particular purpose, accuracy, and non-infringement.

8.2 We do not warrant that the Software will be uninterrupted, error-free, or that its output is
accurate or suitable for any particular decision. **You are responsible for validating any results**
before relying on them. Nothing in this section limits rights that cannot be excluded under
mandatory law.

## 9. Limitation of Liability

9.1 To the **maximum extent permitted by applicable law**, the Licensor shall not be liable for any
indirect, incidental, special, consequential, or punitive damages, or for any loss of profits,
data, or goodwill, arising out of or relating to the Software or this Agreement.

9.2 To the extent liability cannot be fully excluded, the Licensor's total aggregate liability is
limited to the amount you paid (if any) for the Software or the relevant API key in the twelve (12)
months preceding the event giving rise to the claim.

9.3 Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under
mandatory applicable law (for example, liability for unlawful intent or gross negligence).

## 10. Term and Termination

10.1 This Agreement applies for as long as you use the Software.

10.2 The license **terminates automatically** if you breach any term of this Agreement, and may also
end when your API key expires or is revoked (Section 3).

10.3 On termination you must **stop using the Software and delete all copies** in your possession or
control. Sections that by their nature should survive termination (including Sections 5, 6, 8, 9, 11,
and 12) survive.

## 11. Governing Law and Venue

11.1 This Agreement is governed by the **substantive laws of Switzerland**, excluding its conflict-of-law
rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

11.2 The exclusive place of jurisdiction for disputes arising out of or in connection with this
Agreement is **[venue — e.g. the competent courts of [Zurich], Switzerland]**, subject to any
mandatory place of jurisdiction that the law provides for consumers.

## 12. Contact

Questions about this Agreement can be sent to **info@waveshed.io**.
