LICENSE

QOBSERVA COMMUNITY LICENSE

Version 1.0 – March 2026
Copyright (c) 2026 BuildersArk LLC

This license governs the use of the QObserva software project and its
associated components.

This is a source-available license intended to allow individuals,
researchers, and organizations to use, study, and evaluate QObserva
while reserving certain commercial rights for BuildersArk LLC.

This license is NOT an OSI-approved open source license.

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1. Definitions

1.1 "Licensor"
"Licensor" means BuildersArk LLC.

1.2 "Software"
"Software" means the QObserva codebase and all related packages
contained within this repository including, but not limited to:
  - qobserva
  - qobserva-agent
  - qobserva-collector
  - qobserva-local
  - documentation and configuration files.

1.3 "You" / "Your"
"You" means an individual or legal entity exercising permissions granted
under this License.

1.4 "Hosted Service"
"Hosted Service" means making the Software or any substantial portion of
its functionality available to third parties over a network including
but not limited to:
  - Software-as-a-Service (SaaS)
  - cloud hosted platforms
  - managed services
  - remote monitoring or analytics platforms.

1.5 "Competing Service"
A Hosted Service that provides quantum observability, telemetry,
monitoring, analytics, benchmarking, or other functionality materially
similar to QObserva.

1.6 "Derivative Work"
Any modification, enhancement, translation, adaptation, or work based
upon the Software.

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2. Grant of Rights

Subject to compliance with this License, Licensor grants You a
worldwide, non-exclusive, non-transferable, royalty-free license to:

2.1 Use
Use the Software internally within Your organization for research,
development, testing, evaluation, and production use.

2.2 Modify
Modify the Software and create Derivative Works for internal use.

2.3 Redistribute Unmodified Copies
Distribute unmodified copies of the Software provided that:
  - this License is included in full
  - all copyright notices remain intact
  - no attribution notices are removed.

2.4 Community Contributions
Submit improvements, bug fixes, or enhancements to the official QObserva
repository maintained by BuildersArk LLC.

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3. Restrictions

Without a separate written commercial license from BuildersArk LLC, You
may NOT:

3.1 Provide as a Hosted Service
Offer the Software or any Derivative Work as a Hosted Service where the
primary value derives from the Software's functionality.

3.2 Operate a Competing Service
Operate or provide a Competing Service using the Software.

3.3 Distribute Modified Versions
Distribute Derivative Works or modified versions of the Software to
third parties except when contributing them back to the official
repository.

3.4 Remove Notices
Remove, obscure, or alter copyright notices, license notices, or
attribution statements contained in the Software.

3.5 Misrepresent Origin
Misrepresent the origin of the Software. If modifications are
distributed via contributions, they must clearly indicate that they are
modifications.

3.6 Trademark Usage
Use the names QObserva, BuildersArk, or related trademarks, logos, or
branding without written permission from the Licensor.

Nothing in this License grants rights to Licensor trademarks except for
factual statements such as: "Powered by QObserva".

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4. Third-Party Components

The Software may include or depend on third-party components licensed
under separate open source or proprietary licenses.

Those licenses apply independently of this License. Nothing in this
License overrides the terms of third-party licenses.

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5. No Warranty

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT
WARRANTY OF ANY KIND.

LICENSOR DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO:
  - MERCHANTABILITY
  - FITNESS FOR A PARTICULAR PURPOSE
  - NON-INFRINGEMENT.

YOU ASSUME ALL RISKS ASSOCIATED WITH USE OF THE SOFTWARE.

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6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR SHALL NOT BE LIABLE FOR
ANY DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SOFTWARE
INCLUDING BUT NOT LIMITED TO:
  - DIRECT DAMAGES
  - INDIRECT DAMAGES
  - INCIDENTAL DAMAGES
  - SPECIAL DAMAGES
  - CONSEQUENTIAL DAMAGES.

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7. Termination

7.1 Breach
This License terminates automatically if You materially breach its
terms.

7.2 Cure Period
Licensor may provide written notice of breach and allow thirty (30) days
to cure the violation.

7.3 Effect of Termination
Upon termination You must:
  - immediately cease use of the Software
  - destroy all copies of the Software in Your possession.

Sections relating to restrictions, disclaimers, and liability survive
termination.

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8. Commercial Licensing

Organizations wishing to:
  - operate QObserva as a Hosted Service
  - distribute modified versions commercially
  - build commercial products or services based on QObserva

must obtain a separate commercial license from BuildersArk LLC.

For commercial licensing inquiries contact:

  support@qobserva.com

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9. Contributions

Unless otherwise agreed in writing, any contribution intentionally
submitted to the QObserva project grants BuildersArk LLC a perpetual,
worldwide, royalty-free license to use, modify, distribute, sublicense,
and commercialize such contributions as part of the QObserva project.

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10. Governing Law

This License shall be governed by and construed in accordance with the
laws of the State of Texas, United States, without regard to
conflict-of-law principles.

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11. Future Licensing

BuildersArk LLC reserves the right to offer the Software under different
licensing terms, including commercial licenses or alternative community
licenses, in the future.