Epochly Software License Agreement (ESLA)

Version: 2026.01.31Last Updated: January 31, 2026

Version: 2026.01.31

Effective Date: January 31, 2026

Copyright (c) 2025-2026 Epochly, Inc. All Rights Reserved.

IMPORTANT - READ CAREFULLY: This Epochly Software License Agreement ("Agreement"

or "ESLA") is a legal agreement between you (either an individual or a single

entity, "Licensee" or "you") and the Epochly, Inc. ("Licensor,"

"Epochly," "we," or "us") for the Epochly software, including all associated

documentation, updates, and components (collectively, the "Software").

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY

THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE

SOFTWARE.

Section 1: Definitions

1.1 "Application" means any software program that imports, depends on, or

integrates with the Software as a library or dependency.

1.2 "Community Edition" means the tier of the Software available at no cost,

subject to the functional limitations described in Section 2.1.

1.3 "Competitive Activity" means developing, distributing, marketing, selling,

licensing, or offering as a service any software product or service whose

primary purpose is Python performance optimization, transparent acceleration,

JIT compilation for general Python workloads, automatic parallelization of

Python code, or GPU acceleration of Python workloads. For the avoidance of

doubt, Competitive Activity does not include: (a) general-purpose profiling

or debugging tools; (b) infrastructure orchestration tools; (c) hardware-

specific libraries or drivers; (d) web application frameworks; (e) machine

learning frameworks whose primary purpose is model training and inference;

or (f) academic research and publication.

1.4 "Device" means a single physical or virtual machine, including but not

limited to bare-metal servers, virtual machines, cloud instances, and

containers. Each virtual machine, cloud instance, or container constitutes

a separate Device.

1.5 "Enhancement Levels" means the progressive optimization tiers provided by

the Software: Level 0 (Performance Monitoring), Level 1 (Threading

Optimization), Level 2 (JIT Compilation), Level 3 (Multi-core

Parallelism), and Level 4 (GPU Acceleration).

1.6 "Enterprise Agreement" means a separate written agreement between Licensee

and Licensor governing Enterprise Edition use, which supersedes this ESLA

where conflicting.

1.7 "Instance License" means a per-Device subscription license for the

Professional tier of the Software.

1.8 "License Key" means a cryptographically signed string in the format

"Epochly-TYPE-FEATURES-EXPIRY-MAXCORES-SIGNATURE" (where TYPE indicates

the license tier, e.g. "PRO" for Professional Edition, and FEATURES is a

tier identifier such as "pro" for all Professional features) that enables

specific Software features and tiers, validated using Ed25519 digital

signatures.

1.9 "Machine Fingerprint" means a one-way SHA-256 cryptographic hash derived

from hardware and system attributes of a Device, used solely for license

binding and enforcement as described in Section 3.

1.10 "Professional Edition" means the paid tier of the Software, also referred

to as the "Instance" tier, providing unrestricted Enhancement Levels and

resource access on a per-Device basis.

1.11 "Software" means the Epochly Python performance optimization framework,

including all source code (.py files), compiled components (.so, .pyd,

.dylib files), documentation, configuration files, CLI tools, and any

updates or patches provided by Licensor.

1.12 "Trial License" means a time-limited license granting full Professional

Edition capabilities for evaluation purposes, as described in Section 2.2.

Section 2: License Grant

2.1 Community Edition

Subject to the terms of this Agreement, Licensor grants Licensee a non-

exclusive, non-transferable, worldwide, royalty-free license to install and

use the Community Edition of the Software on any number of Devices, subject

to the following limitations:

  • CPU Core Limit: Maximum of four (4) CPU cores for Level 3 Multi-core Parallelism operations.
  • GPU Restriction: Level 4 GPU Acceleration is not available.
  • Memory Limit: Maximum of sixteen (16) gigabytes of managed memory.
  • Enhancement Levels: Levels 0 through 3 only.
  • Duration: Perpetual for the installed version, subject to compliance with this Agreement.
  • Commercial Use: Permitted, except as restricted by Section 7 (Anti-Competitive Use).
  • Registration: No registration or account required.

2.2 Trial License

Licensor may offer a Trial License under the following terms:

  • Duration: Thirty (30) calendar days from activation.
  • Capabilities: Full Professional Edition capabilities, including all Enhancement Levels (0-4), unlimited CPU cores, and GPU acceleration.
  • Limitation: One (1) trial per email address (lifetime limit). One (1) trial per Device (lifetime limit).
  • Activation: Requires email verification via magic link. The email address is cryptographically bound to the Device's Machine Fingerprint.
  • Expiration: Upon expiry, the Software automatically degrades to Community Edition. No user action required. No data loss occurs.
  • Restriction: Trial Licenses may not be used for Competitive Activity except as permitted in Section 7.
  • Reminder Schedule: Licensor sends email reminders at 15, 7, and 1 day(s) before expiration.

2.3 Professional (Instance) License

Subject to a valid subscription and License Key, Licensor grants Licensee

a non-exclusive, non-transferable license to use the Professional Edition

on a single Device, subject to:

  • Device Binding: The License Key is cryptographically bound to a single Device via Machine Fingerprint. The license cannot be used on a different Device without deactivation and reactivation.
  • Enhancement Levels: All Enhancement Levels (0-4), including GPU Acceleration.
  • Resource Limits: Unlimited CPU cores and no memory restrictions.
  • Subscription: Requires an active paid subscription at the current rate (monthly or annual billing). Current pricing is published at https://www.epochly.com/pricing.
  • Offline Grace Period: If the Device cannot connect to Licensor's license validation servers, the Software continues to operate at Professional tier for seven (7) calendar days. After the grace period, the Software degrades to Community Edition until connectivity is restored.
  • Tiered Degradation: Loss of license validity results in graceful degradation to Community Edition. The Software never crashes, produces errors, or loses data due to license expiration or validation failure.
  • Payment Processing: Payments are processed by Licensor's designated payment processor, acting as Merchant of Record.

2.4 Enterprise License

Enterprise Edition is available under a separate Enterprise Agreement with

custom terms negotiated between Licensee and Licensor. Enterprise features may include:

  • Site-wide or per-device licensing as negotiated.
  • Custom SLA and support terms.
  • Extended offline grace periods (up to 14 days or custom).
  • Offline-only license provisioning for air-gapped environments.
  • Custom deployment and integration support.

Contact: enterprise@epochly.com

2.5 Academic License

Licensor offers complimentary Professional Edition licenses for qualified

academic and educational use, subject to:

  • Eligibility: Faculty, researchers, and students at accredited educational institutions who intend to use the Software for teaching, coursework, or non-commercial academic research.
  • Application: Contact Licensor at academic@epochly.com to request an Academic License.
  • Capabilities: Full Professional Edition capabilities.
  • Duration: Academic Licenses are issued for one (1) academic year and are renewable upon continued eligibility verification.
  • Restrictions: Academic Licenses may not be used for commercial purposes, revenue-generating activities, or Competitive Activity. Academic Licenses are non-transferable.

Section 3: Hardware Binding and Machine Fingerprinting

3.1 Consent to Data Collection

By installing and using the Software, Licensee consents to the collection

and processing of the following hardware and system attributes for the sole

purpose of generating a Machine Fingerprint for license enforcement:

  1. CPU serial number or processor identifier
  2. Motherboard serial number or board identifier
  3. Primary disk serial number or partition UUID
  4. BIOS or UEFI firmware version
  5. Network interface MAC addresses (up to three unique addresses)
  6. GPU model and identification information
  7. Total physical memory configuration
  8. Operating system installation identifier (machine-id)
  9. Network interface names and types (up to five interfaces)
  10. System UUID (hardware UUID)
  11. Boot identifier (changes on system restart)

3.2 Fingerprint Processing

The eleven (11) attributes listed in Section 3.1 are processed locally on

the Device into a single one-way SHA-256 cryptographic hash. The original

attribute values are not transmitted to or stored by Licensor. Only the

resulting hash is used for license validation.

3.3 Drift Tolerance

The Software permits changes to up to two (2) volatile hardware attributes

(such as boot identifier or network interface changes) without requiring

license reactivation. Changes to stable attributes (CPU serial, motherboard

ID, disk serial) are weighted more heavily and may require reactivation.

3.4 Device Transfer

Licensee may transfer a Professional or Enterprise license to a different

Device by deactivating the license on the original Device and reactivating

on the new Device, subject to a reasonable cooldown period to prevent abuse.

3.5 Virtual Machines and Containers

Each virtual machine, cloud instance, or container constitutes a separate

Device for licensing purposes. A separate license is required for each.

3.6 Circumvention Prohibited

Licensee shall not circumvent, disable, spoof, or interfere with the

Machine Fingerprinting mechanism.

Section 4: Restrictions

Licensee shall NOT:

  1. Reverse engineer, decompile, or disassemble any compiled components of the Software.
  2. Modify, alter, or tamper with the Software's licensing, telemetry, enforcement, or security code.
  3. Remove, alter, or obscure any copyright notices, proprietary markings, license headers, or trademark notices in the Software.
  4. Circumvent or attempt to circumvent any technical measures that control access to or functionality of the Software.
  5. Use the Software in any manner that violates applicable law or regulation.
  6. Operate the Software beyond the limits of Licensee's current tier through any means other than upgrading to an authorized tier.

Section 5: Redistribution

5.1 No Standalone Redistribution

Licensee may not redistribute the Software as a standalone package, library,

module, or product, whether modified or unmodified, on any package index

(including PyPI), repository, download site, or distribution channel.

5.2 Application Distribution

Licensee may distribute Applications that depend on the Software as a

library, provided that:

  • End users must obtain their own Epochly license (Community or paid).
  • The Application does not include a copy of the Software itself.
  • The Application's documentation references the Epochly license requirement.
  • The Application does not expose the Software's internal APIs or bypass its licensing mechanisms.

Section 6: Intellectual Property

6.1 Ownership

The Software and all copies thereof are proprietary to and owned by

Licensor. The Software is protected by copyright law and international

treaty provisions. All rights in the Software not specifically granted in

this Agreement are reserved by Licensor.

6.2 No Derivative Works

Licensee may not create derivative works based on the Software, except as

necessary for normal use (e.g., configuration, integration with

Applications).

6.3 Licensee's Applications

Licensee retains all ownership rights in Applications created using the

Software. This Agreement does not transfer any rights in Licensee's

Applications to Licensor.

Section 7: Anti-Competitive Use Restriction

7.1 Community Edition - Evaluation and Research Permitted

Entities engaged in Competitive Activity may use the Community Edition of

the Software for:

  • Internal evaluation, benchmarking, and research purposes.
  • Academic study and publication.
  • Interoperability testing and compatibility verification.

7.2 Community Edition - Production Use Prohibited for Competitors

Entities engaged in Competitive Activity may NOT use the Community Edition:

  • In production environments or revenue-generating activities.
  • To build, enhance, or train competing products or services.
  • To replicate, reverse engineer, or derive algorithms from the Software for use in competing products.

7.3 Trial, Professional, and Enterprise - Restriction

Entities engaged in Competitive Activity may not obtain or use Trial,

Professional, or Enterprise licenses without prior written consent from

Licensor.

Section 8: Data Collection and Privacy

8.1 Machine Fingerprint

The Software collects hardware attributes as described in Section 3 to

generate a Machine Fingerprint for license enforcement. This data is

processed as a one-way hash and cannot be reversed to recover the original

attributes.

8.2 Operational Telemetry

Telemetry is enabled by default (opt-out model) as of v0.3.62.

The Software collects anonymous operational telemetry. Community tier collects

minimal anonymous data (machine_id SHA-256 hash, OS, Python version, Epochly

version, CPU count, arch, event_type) with no registration or account required.

Trial and Paid tiers may additionally collect compatibility data, function

identifiers (names only), performance metrics, and resource utilization

(aggregate percentages). No IP addresses are stored. No source code,

personal information, or user data is collected.

Licensee may opt out at any time by setting:

  • EPOCHLY_DISABLE_TELEMETRY=1 (preferred)
  • EPOCHLY_TELEMETRY=0
  • or configuring ~/.epochly/config.yaml

8.3 What is NOT Collected

The Software does NOT collect: source code, function bodies or

implementations, file contents, file paths, variable names or values,

user data, passwords, API keys or credentials, financial information,

browsing history, keystrokes, or screenshots.

8.4 Privacy Policy

For complete details on data collection, processing, storage, and rights

under GDPR, CCPA, and other privacy regulations, see the Epochly Privacy

Policy at https://www.epochly.com/privacy.

Section 9: Warranty Disclaimers

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF

ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND

NON-INFRINGEMENT.

LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET LICENSEE'S

REQUIREMENTS, THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR

ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

LICENSOR MAKES NO WARRANTY REGARDING THE DEGREE OF PERFORMANCE

IMPROVEMENT, IF ANY, THAT LICENSEE WILL ACHIEVE THROUGH USE OF THE

SOFTWARE.

Section 10: Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL

LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,

OR PUNITIVE DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA,

OR DATA USE.

LICENSOR'S TOTAL AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS

AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY

LICENSEE TO LICENSOR FOR THE SOFTWARE DURING THE TWELVE (12) MONTHS

PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100 USD).

Section 11: Termination

11.1 Termination by Licensee

Licensee may terminate this Agreement at any time by:

  • Uninstalling the Software from all Devices.
  • Destroying all copies of the Software in Licensee's possession.
  • For subscription licenses: canceling the subscription.

11.2 Termination by Licensor

Licensor may terminate this Agreement immediately upon written notice if

Licensee:

  • Materially breaches any term of this Agreement and fails to cure such breach within thirty (30) days of written notice.
  • Circumvents or attempts to circumvent license enforcement, Machine Fingerprinting, or any technical protection measures.
  • Engages in Competitive Activity in violation of Section 7.
  • Commits fraud, piracy, or unauthorized redistribution.

11.3 Subscription Lapse

Non-payment or subscription cancellation does not terminate this Agreement.

Instead, the Software gracefully degrades to Community Edition.

Section 12: Export Compliance

The Software may contain cryptographic components, including Ed25519 digital

signature algorithms, AES-256 encryption, SHA-256 hashing, and HMAC-SHA256

message authentication. These components may be subject to export control

regulations.

Licensee shall comply with all applicable export laws and regulations of

the United States, including the Export Administration Regulations (EAR).

Section 13: Governing Law and Dispute Resolution

13.1 Governing Law

This Agreement shall be governed by and construed in accordance with the

laws of the State of Delaware, United States of America, without regard

to its conflict of law provisions.

13.2 Arbitration

Any dispute where the amount in controversy is less than $250,000 USD

shall be settled by binding arbitration in accordance with the rules of

the American Arbitration Association. The place of arbitration shall be

Wilmington, Delaware.

13.3 Class Action Waiver

LICENSEE AGREES THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE

WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS.

Section 14: General Provisions

14.1 Entire Agreement

This Agreement constitutes the entire agreement between the parties

regarding the Software.

14.2 Severability

If any provision of this Agreement is held to be unenforceable, such

provision shall be reformed to the minimum extent necessary to make it

enforceable.

14.3 Amendments

Licensor reserves the right to modify this Agreement. Material changes

will be communicated with at least thirty (30) days' notice.

Contact Information

  • Licensing inquiries: licensing@epochly.com
  • Legal inquiries: legal@epochly.com
  • Privacy inquiries: privacy@epochly.com
  • Enterprise inquiries: enterprise@epochly.com
  • Academic inquiries: academic@epochly.com

Epochly, Inc.

State of Delaware, United States of America

https://www.epochly.com

EPOCHLY is a trademark of the Epochly, Inc..

Last Updated: January 31, 2026