CISS.debian.live.builder/docs/LICENSES/CNCL-1.1.txt

# SPDX-License-Identifier: LicenseRef-CNCL-1.1

Centurion Non-Commercial License 1.1 (CNCL-1.1)

CNCL © Centurion Intelligence Consulting Agency, 2025

Version 1.1, 27.11.2025

1. Definitions

1.1. "Software" means the software, scripts, configuration files, and related materials made available under this Centurion Non-Commercial License 1.1 ("Agreement"), including any associated documentation.

1.2. "Licensor" means Centurion Intelligence Consulting Agency or any subsequent rights holder explicitly identified as licensor of the Software.

1.3. "Licensee" means any natural or legal person who obtains, uses, copies, modifies, or distributes the Software under this Agreement.

1.4. "Non-Commercial Use" means any use that is not intended for or directed toward commercial advantage or monetary compensation. This includes personal, academic, research, educational, hobbyist, and internal evaluation use, provided that no products or services based on the Software are offered against payment or other commercial consideration.

1.5. "Commercial Use" means any use of the Software, in whole or in part, that is intended for or directed toward commercial advantage or monetary compensation, including but not limited to:

(a) use of the Software to provide paid services (including Software-as-a-Service), or
(b) inclusion of the Software in products or solutions that are sold, licensed, or otherwise monetized, or
(c) use of the Software in the course of business operations of a commercial entity where the Software contributes to revenue generation, cost reduction, or other commercial benefit,

Except for limited internal evaluation as described in Section 1.4.

2. Scope of this Agreement

2.1. This Agreement governs the use, modification, and distribution of the Software for Non-Commercial Use only.

2.2. Commercial Use of the Software is not permitted under this Agreement. Any Commercial Use requires a separate written license agreement, such as the Centurion Commercial License Agreement (CCLA-1.0), concluded directly with the Licensor.

2.3. Only the English version of this Agreement shall be legally binding. Translations are provided for convenience only.

3. Grant of License (Non-Commercial)

3.1. Subject to the terms and conditions of this Agreement, Licensor grants Licensee a worldwide, royalty-free, non-exclusive, non-transferable, and non-sublicensable right to:

(a) use the Software for Non-Commercial Use;
(b) copy the Software for backup, archival, and Non-Commercial Use;
(c) modify the Software for Non-Commercial Use; and
(d) distribute the Software and derivative works thereof solely for Non-Commercial Use, provided that the conditions in Section 4 are fulfilled.

3.2. No rights are granted for Commercial Use under this Agreement.

4. Conditions for Redistribution and Modifications

4.1. Any redistribution of the Software, whether modified or unmodified, must:

(a) be restricted to Non-Commercial Use only;
(b) include a copy of this Agreement in full;
(c) retain all copyright notices, author attributions, and license notices contained in the original Software; and
(d) clearly indicate any changes made to the Software, including at least a notice such as "This file has been modified by [name] on [date]."

4.2. Licensee may not misrepresent the origin of the Software. Modifications must not be presented as the original Software.

4.3. If Licensee distributes derivative works based on the Software, such derivative works must be licensed under terms that are at least as restrictive as this Agreement with respect to Non-Commercial Use, and the prohibition of Commercial Use, and must not grant any permissions that conflict with this Agreement.

4.4. Licensee shall not impose additional restrictions that would limit the rights granted by this Agreement for Non-Commercial Use.

5. Prohibition of Commercial Use

5.1. Licensee shall not engage in Commercial Use of the Software under this Agreement.

5.2. Without limiting the generality of the foregoing, Licensee shall not:

(a) sell, license, rent, lease, or otherwise monetize the Software;
(b) use the Software to provide paid consulting, hosting, integration, or support services where the Software is a significant component of the provided service;
(c) deploy the Software as part of any production system, product, or service offered to third parties for payment or other commercial consideration.

5.3. Any Commercial Use requires a separate, valid commercial license agreement with the Licensor, such as the Centurion Commercial License Agreement 1.0 (CCLA-1.0). In the event of conflict between this Agreement and such a commercial agreement, the terms of the commercial agreement shall prevail for the scope of Commercial Use.

6. No Sublicensing for Commercial Use

6.1. Licensee is not permitted to grant sublicenses for Commercial Use of the Software under this Agreement.

6.2. Any attempt by a Licensee to grant rights for Commercial Use under this Agreement shall be null and void.

7. No Endorsement

7.1. Nothing in this Agreement shall be construed as permitting Licensee to use the name, trademarks, service marks, or logos of the Licensor or any contributor, except as required for reasonable and customary use in describing the origin of the Software.

8. High-Risk Environments and Safety-Critical Use

8.1. The Software has not been designed, tested, certified, or intended for use in safety-critical or high-risk environments or systems, including but not limited to:

(a) operation or control of nuclear facilities, nuclear reactors, nuclear fuel cycle facilities, or radioactive waste management facilities;
(b) aircraft navigation, flight control systems, or air traffic control systems;
(c) railway signaling systems, mass transit control systems, or other public transportation control systems;
(d) medical devices, diagnostic systems, life-support systems, or implantable medical devices;
(e) industrial control systems for critical infrastructure, including but not limited to electric power generation, transmission or distribution systems, gas or oil pipelines, chemical plants, water treatment or water supply systems, and dams;
(f) military command-and-control systems, weapons systems, or weapons platforms;
(g) any other environment or system where a failure, malfunction, or incorrect operation of the Software could reasonably be expected to result in death, personal injury, severe physical or environmental damage, or significant disruption of essential public services.

8.2. This list is illustrative and not exhaustive. It is the sole responsibility of the Licensee to assess whether a given use case constitutes a safety-critical or high-risk environment within the meaning of this Section.

8.3. Licensee shall not use, and shall not permit any third party to use the Software in any of the environments or systems described in Section 8.1 or in any similar safety-critical or high-risk environment.

8.4. If Licensee nevertheless uses the Software in such environments or systems, Licensee does so entirely at its own risk and responsibility. In such cases,
Licensee shall ensure appropriate redundancy, fail-safe mechanisms, risk mitigation, and independent verification and validation, and shall fully indemnify and hold harmless the Licensor from any claims, damages, or losses arising out of or related to such a use.

9. Warranty Disclaimer

9.1. THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SOFTWARE WILL BE ERROR-FREE
OR SECURE.

9.2. LICENSEE ASSUMES ALL RISKS ASSOCIATED WITH THE USE OF THE SOFTWARE. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET LICENSEES' REQUIREMENTS OR EXPECTATIONS.

10. Limitation of Liability

10.1 Except in cases of wilful misconduct or damage directly caused to natural persons, the Licensor shall in no event be liable, on any legal ground, for any direct or indirect, material or non-material damages arising out of or in connection with this Agreement or the use or inability to use the Software, including, without limitation, loss of goodwill, business interruption, computer failure or malfunction, loss of data, or any type of economic loss. However, the Licensor remains liable under any applicable mandatory statutory product liability regime and other mandatory provisions of applicable law.

10.2 To the extent that applicable law does not permit the exclusion of certain types of damages or liabilities, such exclusions and limitations shall apply only to the maximum extent permitted by such a law. Nothing in this Agreement shall deprive the Licensee of rights, which cannot be excluded or limited under mandatory law.

10.3 Additional provisions for Licensees in Germany

10.3.1 If the Licensee has its habitual residence or registered office in Germany, or if German law is mandatorily applicable, the limitations in sections 10.1 and 10.2 shall be construed in accordance with German law as follows:

(a) The Licensor shall be liable without limitation for damages resulting from injury to life, body, or health caused by its negligent or intentional breach of duty, for damages caused by intentional misconduct or gross negligence, and under the German Product Liability Act (Produkthaftungsgesetz).

(b) In case of damage caused by simple negligent breach of an essential contractual obligation (Kardinalpflicht), the Licensors liability shall be limited to the typical, foreseeable damage.

(c) In all other cases of simple negligence, the Licensor shall not be liable.

10.3.2 Any further mandatory statutory rights of the Licensee under German law remain unaffected.

10.4 Additional provisions for Licensees in Portugal

10.4.1 If the Licensee has its habitual residence or registered office in Portugal, or if Portuguese law is mandatorily applicable, the limitations in sections 10.1 and 10.2 shall be construed in accordance with Portuguese law as follows:

(a) The Licensors' liability for death or personal injury and for losses caused by wilful misconduct (dolo) or gross negligence (negligência grave / negligência grosseira) shall not be excluded or limited.

(b) For losses caused by simple negligence, the Licensors' liability may be limited or excluded in accordance with sections 10.1 and 10.2, subject to mandatory provisions of Portuguese law.

(c) Any mandatory liability under the Portuguese product liability regime or other mandatory provisions remains unaffected.

10.5 Additional provisions for Licensees in the United States

10.5.1 If this Agreement is governed by the law of a state of the United States or if a court in such a state applies its mandatory law, the following shall apply:

(a) Nothing in this Agreement shall exclude or limit liability for death or personal injury where such exclusion or limitation would be unlawful, or for wilful misconduct or fraud.

(b) 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, revenue, business, goodwill, or data, even if the Licensor has been advised of the possibility of such damages.

(c) Subject to subparagraph (a), any remaining liability of the Licensor shall be limited to the maximum extent permitted under applicable state law.

10.6 Where different mandatory laws apply simultaneously, the limitations and exclusions of this Article shall be interpreted in a manner that gives effect to the maximum permissible limitation of the Licensors liability without depriving the Licensee of any rights that are mandatory under such laws.

11. Term and Termination

11.1. This Agreement becomes effective for Licensee upon first obtaining or using the Software under this Agreement.

11.2. This Agreement shall remain in force until terminated in accordance with this Section.

11.3. Licensor may terminate this Agreement with respect to Licensee immediately upon written notice if Licensee breaches any material provision of this Agreement, including but not limited to the prohibition of Commercial Use.

11.4. Upon termination of this Agreement, Licensee shall immediately cease all use of the Software and destroy all copies of the Software in Licensees
possession or control.

11.5. Termination of this Agreement shall not affect any rights or obligations that, by their nature, are intended to survive termination, including but
not limited to Sections 8, 9, 10, 11, and 12.

12. Governing Law and Jurisdiction

12.1. This Agreement shall be governed by and construed in accordance with the laws of Portugal, excluding its conflict-of-law rules.

12.2. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the competent courts of Portugal.

13. Miscellaneous

13.1. This Agreement constitutes the entire agreement between Licensor and Licensee with respect to the Non-Commercial Use of the Software and supersedes all
prior or contemporaneous understandings, whether written or oral, relating to such a subject.

13.2. Any modification or amendment of this Agreement must be in writing and signed by the Licensor.

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

13.4. The failure of Licensor to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

14. Contact Information

Licensor : Centurion Intelligence Consulting Agency
Email    : legal@coresecret.eu