Version 2026-10-13.1 · Effective for a customer upon valid acceptance. Download this version

AEVYRA PROPRIETARY SOFTWARE LICENSE
Version 2026-10-13.1 — prepared October 13, 2026

Copyright © 2026 David W Pershall, doing business as TipTopTechknowlogy.
All rights reserved in Provider-owned material to the extent provided by law.
Third-party material remains subject to its own applicable licenses.

1. PARTIES AND SCOPE

David W Pershall, doing business as TipTopTechknowlogy (Provider), licenses
Provider's proprietary Aevyra software, Collector components, updates and
accompanying documentation (Software) to the organization identified in an
accepted order or account subscription (Customer). Software is licensed, not
sold. This is a proprietary license, not an open-source license.

This license applies when incorporated into a Customer Agreement and accepted
order, or separately presented and expressly accepted before delivery or use.
Possession, public download, a footer link, or this notice alone does not
establish acceptance or grant a commercial license. A signed amendment may
expressly vary a specific provision. The Customer Agreement governs fees,
service obligations, liability, disputes and termination procedures.

2. LIMITED GRANT

During Customer's paid or expressly authorized evaluation term, and subject
to the accepted order and this license, Provider grants a nonexclusive,
nontransferable and nonsublicensable right to use Software solely for the
internal security assessment and governance of Customer's authorized estate.
No right is granted by implication, estoppel or the provision of credentials.

Hosted access permits authorized users to access the enabled service and
its documented functions. It does not grant access to server-side source,
build systems, assessment policies or private operating environments.

A self-hosted order additionally permits installation and operation of the
delivered release on the sites, production instances and environments
identified in that order. Customer may make the minimum copies needed for
those installations and protected backup or recovery, retaining notices.
Development, staging, disaster recovery, affiliates and additional production
instances require the coverage stated in the order; an omitted category is
not an unlimited entitlement.

Employees and contractors may use Software on Customer's behalf within its
entitlement and under confidentiality and use obligations at least as
protective as this license. Customer is responsible for their compliance.
A contractor administering Customer's deployment receives no independent
resale or service-bureau entitlement.

3. RESTRICTIONS

Except as expressly authorized in an accepted signed addendum, Customer may
not, and may not authorize or facilitate another person to:

(a) distribute, publish, upload to a public repository, sell, rent, lease,
    lend, sublicense or otherwise provide Software, proprietary source,
    installers, container images, license credentials or private technical
    documentation to another organization;
(b) operate Software for third-party customers, offer it as a managed service,
    service bureau, OEM product or white-label service, or resell access;
(c) copy, adapt, translate, modify or create derivative works of proprietary
    Software beyond installation/configuration permitted by documentation;
(d) reverse engineer, decompile, disassemble or attempt to recover proprietary
    source, confidential scoring policies, weights, rule sets or other
    nonpublic implementation information;
(e) systematically query, scrape or extract service responses to reconstruct
    confidential implementation, or use Software or Provider confidential
    information to build, train, tune, distill or validate a substitute
    assessment engine or competing implementation;
(f) submit proprietary Software, source or Provider confidential information
    to an external AI, code-generation or analysis service without Provider's
    written consent and protective terms approved for that disclosure;
(g) remove or obscure ownership, attribution, confidentiality, license or
    integrity notices, circumvent entitlement or access controls, share
    accounts outside approved users, or exceed purchased limits;
(h) represent Software as Customer's own product, or use Aevyra branding
    beyond identifying authorized use and the origin of genuine reports.

These restrictions apply only to rights Provider can lawfully restrict.
They do not override nonwaivable statutory rights, applicable third-party
licenses, public-domain material, or independently developed work created
without using protected Software or Provider confidential information.
Where the law permits an activity notwithstanding a contractual restriction,
Customer may exercise that right within its legal scope. A request to Provider
for interoperability information is encouraged but is not a condition on an
otherwise nonwaivable legal right. Nothing prohibits protected reporting to
regulators, lawful testimony or legally protected security activity.

4. SOURCE ACCESS AND MODIFICATIONS

Delivery of an executable, a Python file, a script or other readable code does
not convey ownership or general development rights. Delivered proprietary
source may be accessed only by authorized administrators as reasonably
necessary for permitted installation, diagnosis and operation. Modification,
source disclosure, independent builds and broader development require a
separately signed Source Access Addendum specifying the files, persons,
purposes and permitted changes. No obligation to disclose source or establish
source escrow arises from a self-hosted purchase.

Customer retains its independently created deployment automation, external
integrations, configurations and other work that does not reproduce or derive
from proprietary Software. Ownership and licensing of an authorized patch or
custom software deliverable must be settled in the signed addendum or statement
of work before that work begins. There is no automatic transfer of Customer's
unrelated intellectual property to Provider.

5. OWNERSHIP AND CONFIDENTIALITY

Provider and its licensors retain their respective intellectual property
rights in Software, proprietary templates and nonpublic assessment material.
Customer receives the express use rights above. Public facts and general
ideas are not converted into proprietary property by this license.

Nonpublic proprietary source, implementation details and technical material
received under circumstances reasonably indicating confidentiality are
Provider confidential information. Customer will use them only for the
licensed purpose, restrict access to persons with a need to know, and protect
them with reasonable measures no less protective than those used for its own
comparable confidential information. Customer will promptly notify Provider
of suspected unauthorized access, use or disclosure and reasonably cooperate
in containment. Information lawfully public, independently developed without
use of confidential information, already lawfully known without a duty, or
lawfully obtained from another source without a duty is excluded.

Confidentiality continues for five years after the applicable disclosure and,
for information qualifying as a trade secret, for as long as it retains that
status under applicable law. Disclosure of trade secrets in confidence to a
government official or attorney solely to report or investigate a suspected
legal violation, or in a lawsuit filing made under seal, and other legally
protected disclosures are not prohibited. A person bringing a retaliation
claim may use qualifying information as allowed by 18 U.S.C. § 1833(b).

6. CUSTOMER DATA AND REPORTS

Customer retains its rights in its inputs, evidence, configurations and
organization-specific facts. Provider does not receive ownership of them
through this license. Provider's preexisting software and report templates
remain Provider material.

Customer may retain, reproduce and share its completed assessment reports and
findings indefinitely for its legitimate business, governance, remediation,
procurement, insurance, audit and regulatory purposes, including with its
advisers, customers and regulators. Recipients receive no Software or engine
license. Customer may quote findings and prepare its own summaries, provided
it does not falsely describe modified results as an unaltered Aevyra report.
Preserve notices in complete report copies. Confidential information included
in a report remains subject to its applicable duties and legal disclosures.

Report permission does not authorize redistribution of Software, resale of
Aevyra services, extraction of proprietary templates for a substitute product,
or training on Provider confidential implementation. It does not restrict
Customer from using its own data or facts for otherwise lawful purposes.

7. THIRD-PARTY COMPONENTS

Third-party software, including open-source dependencies, is governed by its
applicable license and notices. This license does not restrict rights granted
by those licenses, claim ownership of third-party material or excuse Provider
from notice, source-offer or other applicable distribution obligations.
The distributor must supply the notices required for the actual release.
No blanket claim that a release contains no open-source material is made.

8. TERM AND END OF USE

The license lasts for the accepted term unless terminated under the Customer
Agreement. A subscription does not become perpetual through delivery of a
self-hosted copy. A perpetual grant requires an express signed order.

At expiration or termination, Customer must cease running Software and remove
operational copies. On reasonable request it will certify compliance. A copy
that must be retained by law or cannot reasonably be separated from routine
protected backups may remain inaccessible for normal use and must be deleted
under the applicable retention cycle. No right to restore that copy for
production arises without a renewed entitlement. Customer may retain its own
data and completed reports as described above.

Provider is not authorized by this license to enter Customer's systems, remove
Customer data or operate undisclosed destructive or remote-access mechanisms.
Any technical entitlement checks or required network access must be disclosed
in the accepted order and deployment documentation.

9. ADDITIONAL TERMS

Demonstration or evaluation rights cover only the expressly offered scope and
period and do not permit production deployment or commercial redistribution.
MSP, reseller, OEM, white-label and source-access rights require their respective
signed addenda; a standard Customer subscription supplies none of them.

New terms operate prospectively following valid acceptance. This license does
not retroactively revoke rights lawfully granted under a previous agreement
or third-party license. Remedies remain those available under the Customer
Agreement and applicable law; this notice alone guarantees no remedy or
exclusivity over ideas, algorithms or independently created functionality.

Provider contact for legal notices: david@tiptoptechknowlogy.com.
Confirm the operative contact in the accepted Customer Agreement or order.