# Dracon Commercial License v2.0

**Proprietary Use License — Effective 2026-05-16**

## Preamble

All Dracon software is available under the GNU Affero General Public License v3 (AGPLv3). Anyone may use Dracon software under AGPLv3 at any scale, provided they comply with its terms (including source disclosure for network use). This Commercial License is an alternative for organizations that cannot or prefer not to comply with AGPLv3's requirements. Organizations with fewer than 10 employees may use this Commercial License at no cost. Organizations with 10 or more employees require a paid Commercial License for Production Use under these terms. Visit https://dracon.uk/licensing for details and purchase.

This document constitutes a legally binding agreement between the licensee ("You" or "Your") and Dracon ("Licensor"). By purchasing or activating a Commercial License, You agree to be bound by these terms.

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## 1. Definitions

- **"Production Use"** means any use of Dracon Software in a live, revenue-generating, or publicly accessible context, including but not limited to: serving end users, supporting internal business operations, or enabling a commercial service. Evaluation, development, and testing use that does not serve end users or generate revenue is not Production Use.

- **"Competing Product"** means any software product or service that (a) provides substantially similar functionality to the Dracon Software, (b) is developed, sold, or marketed by an organization that competes directly with Dracon's commercial offerings, and (c) either (i) uses Dracon Software as a core component, or (ii) is offered as a substitute for Dracon Software in the same market segment.

- **"Licensed Instance"** means a single deployed instance of Dracon Software under this license. Each physical server, virtual machine, container, or distinct runtime environment counts as one Licensed Instance. Development and staging environments for the same production deployment do not require additional licenses.

- **"Organization"** means the legal entity (company, LLC, partnership, or other organization) that is the licensee. This includes all subsidiaries and affiliates under common control.

- **"Employee"** means a full-time, part-time, or contract individual who performs work for the Organization. Employee count is measured at the Organization level, not per project or per team.

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## 2. License Grant

Subject to the terms and payment obligations in this agreement, Licensor grants You a non-exclusive, non-transferable, limited license to:

1. **Use** Dracon Software in Your organization's internal development and production environments
2. **Modify** Dracon Software for Your own internal purposes
3. **Deploy** modified or unmodified versions of Dracon Software within Your Organization
4. **Sublicense** to wholly-owned subsidiaries within Your corporate group, provided the sublicensee is bound by equivalent restrictions

### What This License Does NOT Grant

- **No** right to sublicense Dracon Software to third parties (except as above)
- **No** ownership of Dracon's code, trademarks, patents, or other intellectual property
- **No** right to use Dracon Software in a Competing Product
- **No** right to distribute Dracon Software outside Your Organization

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## 3. Pricing

Organizations with fewer than 10 employees may use Dracon Software under this Commercial License or AGPLv3 at no cost.

Organizations with 10 or more employees that wish to use Dracon Software without complying with AGPLv3's source disclosure requirements require a paid Commercial License for Production Use. Pricing is based on Organization size and is set annually.

AGPLv3 remains available to all organizations regardless of size, provided they comply with its terms.

For current pricing and online purchasing, visit **https://dracon.uk/licensing**.
For pricing inquiries: **license@dracon.uk**

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## 4. Production Use Definition

This Commercial License is an alternative to AGPLv3 for organizations that prefer not to comply with AGPLv3's source disclosure requirements. Organizations with 10 or more employees require a paid Commercial License for **Production Use** under these terms (see Section 3 — Pricing). Organizations with fewer than 10 employees may use Dracon Software under this Commercial License or AGPLv3 at no cost, regardless of use case.

**Nothing in this agreement restricts any party from using Dracon Software under AGPLv3, at any scale, provided they comply with AGPLv3's terms.**

**Production Use includes:**
- Running Dracon Software in a live environment that serves end users or external clients
- Running Dracon Software to support commercial operations (e.g., internal tooling that generates revenue)
- Integrating Dracon Software into a product or service offered for sale or subscription

**Production Use does NOT include:**
- Development and testing in non-production environments
- Personal or academic use not connected to commercial activity
- Evaluation of Dracon Software for potential purchase (up to 90 days)
- Internal use that does not serve end users or generate revenue by organizations with fewer than 10 employees

If You are unsure whether Your use qualifies as Production Use, contact **license@dracon.uk** before deploying.

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## 5. Patents

No patent license is granted under this agreement, whether express, implied, through exhaustion, or otherwise, except to the minimum extent required by applicable law.

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## 6. Trademarks

This agreement does not grant any right to use Dracon's names, trademarks, service marks, logos, or branding, except as strictly necessary for accurate attribution or as separately authorized in writing by Dracon.

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## 7. Source Redistribution

You may distribute applications, binaries, or other works built with Dracon Software, but this agreement does not permit public redistribution of Dracon Software's source code, whether modified or unmodified, except with Dracon's separate written permission.

You may provide access to Dracon Software's source code to Your employees and contractors solely as needed to exercise Your rights under this agreement, provided they are acting on Your behalf and are bound by terms at least as protective of Dracon as this agreement.

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## 8. Competing Product Restriction

**You may not use this Commercial License to develop, build, or enhance a Competing Product.**

If Your organization develops software that competes with Dracon's commercial offerings, You are not eligible for a Commercial License. You may instead use Dracon Software under AGPLv3 in compliance with its terms, or negotiate a separate agreement with Dracon.

Dracon reserves the right to verify compliance with this restriction and to terminate this license immediately upon discovering a violation.

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## 9. Term and Termination

**This license is effective for one (1) year from the date of purchase or activation.**

It will renew automatically unless either party provides written notice of cancellation at least thirty (30) days before the renewal date.

**Dracon may terminate this license immediately if You:**
- Fail to pay the license fee when due
- Violate the Competing Product restriction (Section 8)
- Exceed the permitted number of Licensed Instances
- Attempt to transfer this license to a third party
- Breach any other term of this agreement and fail to cure within thirty (30) days of written notice

Upon termination, You must cease all use of Dracon Software under this license. Sections 10, 11, 12, 13, and 15 survive termination.

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## 10. Disclaimer of Warranty

**DRACON SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.**

To the maximum extent permitted by applicable law, Licensor disclaims all warranties, including but not limited to:
- Implied warranties of merchantability
- Implied warranties of fitness for a particular purpose
- Implied warranties of non-infringement

Licensor does not warrant that Dracon Software will meet Your requirements, that it will be error-free, or that it will operate without interruption.

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## 11. Limitation of Liability

**TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF DRACON SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.**

**LICENSOR'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE ANNUAL LICENSE FEE PAID BY YOU FOR THE SPECIFIC LICENSE GIVING RISE TO THE CLAIM, OR ONE HUNDRED POUNDS STERLING (GBP 100) IF YOU PAID NOTHING.**

This limitation applies regardless of the form of action, whether in contract, tort, strict liability, or otherwise.

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## 12. Indemnification

**You agree to indemnify, defend, and hold harmless Licensor and its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:**

- Your use of Dracon Software in violation of this agreement
- Your violation of any third-party rights
- Your production application of Dracon Software (including any claims by end users or customers)

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## 13. Governing Law and Dispute Resolution

**This agreement shall be governed by and construed in accordance with the laws of England and Wales.**

Any dispute arising out of or relating to this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales. Both parties consent to the jurisdiction of those courts for any legal proceedings.

If a dispute arises, the parties will attempt to resolve it through good-faith negotiation for thirty (30) days before either party may initiate court proceedings.

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## 14. Compatibility with Open Source

AGPLv3 is always available to any person or organization, at any scale, provided they comply with its terms. The Commercial License is an alternative — not a replacement — for organizations that prefer not to comply with AGPLv3's source disclosure or copyleft requirements. The Commercial License and AGPLv3 are mutually exclusive: if You have an active Commercial License, the AGPLv3 terms do not apply to Your use. If Your Commercial License expires or is terminated, You must either renew, comply with AGPLv3, or cease use.

AGPLv3 remains available for:
- Open source projects that distribute source code under AGPLv3
- Internal/non-commercial use by organizations without a Commercial License
- Academic and educational institutions
- Evaluation purposes (up to 90 days)

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## 15. General Provisions

- **Entire Agreement**: This agreement constitutes the entire understanding between the parties and supersedes all prior agreements, representations, and understandings.

- **Amendments**: This agreement may only be amended by written agreement signed by both parties.

- **Waiver**: Failure to enforce any provision of this agreement does not constitute a waiver of that provision or any other provision.

- **Severability**: If any provision of this agreement is held invalid or unenforceable, the remaining provisions continue in full force and effect.

- **Assignment**: You may not assign this agreement or any rights under it without Licensor's prior written consent. Licensor may assign this agreement to a successor in interest in connection with a merger, acquisition, or sale of substantially all of its assets.

- **Force Majeure**: Licensor is not liable for any failure or delay due to causes beyond its reasonable control.

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## 16. How to Purchase

1. Visit **https://dracon.uk/licensing** to purchase online
2. For custom agreements, custom pricing, or questions, contact **license@dracon.uk**
3. Upon purchase, You'll receive a signed Commercial License certificate
4. Retain the certificate for Your records as proof of license

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## 17. Enterprise and Custom Agreements

If Your organization has specific requirements — including custom pricing, on-premises deployment support, or bespoke contractual terms — contact **license@dracon.uk** to discuss a tailored agreement.

If You already have a signed agreement with Dracon, Your existing terms apply. Contact **license@dracon.uk** to confirm.

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*Dracon — Sovereign tools. Compile-time guarantees.*
*Website: https://dracon.uk/licensing | Email: license@dracon.uk*
