CareerKernel End User Licence Agreement
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Version 1.0. Effective [DATE]. Applies to CareerKernel 0.4.2 and later for Windows.
1. This agreement
This is an agreement between you and [LEGAL ENTITY NAME] ("we", "us"), the owner of CareerKernel (the "Software").
By installing or using the Software you accept these terms. If you do not accept them, do not install it, and if you have already installed it, delete it.
The Software is licensed to you, not sold to you. You own the copy you downloaded. You do not own the Software.
2. What you may do
We grant you a personal, non-exclusive, non-transferable licence to:
- install and use the Software on computers you own or control, for your own job
search, for as long as this agreement lasts;
- keep what you paid for even if we disappear. A paid licence is checked on your own
machine, so it does not stop working because this company stopped existing;
- keep everything the Software produces. The jobs it collects, the answers it
remembers and the applications it prepares are yours. They are stored on your computer and we never receive them.
One licence covers one person. You may install it on more than one of your own computers. You may not share a licence key with anyone else.
3. What you may not do
You may not:
- Copy, publish, distribute, sell, rent, lend, host or sublicense the Software, or make it available to anyone else, whether or not for payment.
- Modify, adapt, translate or create derivative works from the Software.
- Reverse engineer, decompile or disassemble the Software, or attempt to derive its source code, algorithms, data formats or internal structure, except to the extent that this restriction cannot lawfully be imposed on you. Where the law of your country gives you a right to do any of this for interoperability, error correction or security research, this clause does not take that right away.
- Circumvent, disable, remove or interfere with the licence check or the free trial, including by patching the Software, forging a licence key, blocking or redirecting the trial check in order to restart a trial, or using a key you did not obtain from us.
- Remove, obscure or alter any copyright, trade mark or other proprietary notice.
- Extract, copy or redistribute the data that ships with the Software as a dataset in its own right. This includes the employer and job board catalogue, the company domain list, the logo set and the compiled sponsorship data. You may use all of it inside the Software for your own job search; you may not lift it out to build or supply something else.
- Use the Software, or anything derived from it, to build or operate a competing product or service.
- Use the Software to collect job listings or employer data on behalf of third parties, or to operate a service for other people.
- Use the Software unlawfully, or in breach of the terms of any website it reaches on your behalf.
4. Ownership
All rights in the Software stay with us. That includes its source code, its design, its name, its logo, and the data compilations described in section 3.6.
Nothing in this agreement transfers any intellectual property to you. Rights we have not expressly granted are reserved.
5. The free trial
The Software may be used free for 7 days.
One trial per computer. The date your trial began is recorded both on your computer and by us, keyed to a one-way fingerprint of the machine, so that deleting a local file does not start a new trial. What is sent and what is stored is set out in full in our Privacy notice, and it is a hash and a date and nothing else.
If the trial check cannot be reached, the Software carries on working. An outage will not lock you out.
When the trial ends, the Software stops collecting jobs, scanning them and exporting them. It does not lock the jobs you already collected, your profile or your answers. Those stay readable, and they stay on your computer whether or not you ever pay us.
6. Licence keys
A licence key is issued to one person, at the email address used to buy it.
Keys are checked on your own machine, against a public key built into the Software. We cannot see when or where a key is used, which is deliberate, and it means we rely on you not to share it. Sharing a key, publishing one, or using one obtained from anyone other than us ends this licence immediately under section 9.
If we have to change our signing key, licences already issued keep working.
7. What the Software does on your behalf, and what you are responsible for
The Software fills in job application forms on employers' own websites using a browser on your computer. You need to understand the following, because they are your responsibility and not ours.
- It never presses submit. Every application is left open for you to check and send
yourself. You are responsible for everything you submit, including its accuracy.
- **It never types a password, never creates an account for you, and never solves a
CAPTCHA.**
- You are responsible for complying with the terms of the websites it reaches,
including each employer's own careers site and applicant tracking system. We do not control those sites and we are not party to your relationship with them.
- Nothing the Software tells you is legal or immigration advice. It reports public
data, including United States Citizenship and Immigration Services H-1B records, and it makes rule-based guesses about job titles and sponsorship from the text of job postings. Those guesses are often wrong. Do not make a decision about your visa, your status or your eligibility to work on the basis of what this Software says. Ask a qualified immigration lawyer.
- We do not promise you a job, an interview, or a reply. The Software helps you find
and apply to openings. It cannot make anyone hire you.
8. No warranty
The Software is provided "as is" and "as available", without warranty of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement.
In particular we do not warrant that:
- the job listings it collects are complete, current or accurate. Employers add and
remove postings constantly, and a board can change shape without notice and stop being readable;
- the sponsorship, seniority or eligibility signals it reports are correct;
- it will work with any particular employer's website, now or later;
- it will run without interruption or error.
Some jurisdictions do not allow the exclusion of implied warranties, so some of this may not apply to you. Nothing here affects any statutory right you have as a consumer that cannot be waived.
9. Ending this agreement
You may end it at any time by deleting the Software.
We may end it immediately if you breach section 3 or section 6. If we do, you must stop using the Software and delete it. Your own data stays yours and stays on your computer; we have no way to reach it.
Sections 3, 4, 8, 10 and 11 survive the end of this agreement.
10. Limit of liability
To the fullest extent the law allows:
- we are not liable for any indirect, incidental, special, consequential or punitive
loss, or for lost profits, lost opportunities, lost job offers, lost data or reputational harm, however caused;
- our total liability to you for everything arising out of or relating to the Software is
limited to the greater of the amount you paid us for it in the twelve months before the claim, or [AMOUNT, e.g. USD 50].
Nothing in this section limits liability that cannot lawfully be limited, including liability for death or personal injury caused by negligence, or for fraud.
11. General
Third-party components. The Software includes open source components, listed with their licences in NOTICES.md. Those licences govern those components, and where one of them gives you a right that conflicts with section 3, that licence wins for that component.
Privacy. How the Software handles your information is set out in PRIVACY.md, which forms part of this agreement.
Export. You may not use or export the Software in breach of applicable export control or sanctions law.
Changes. We may change these terms for future versions. Changes do not apply retrospectively to a version you have already installed; the agreement that came with the version you are running is the one that governs it. Continuing to use a new version after a change means you accept the new terms.
Assignment. You may not transfer this agreement. We may transfer it as part of a sale or reorganisation of the business.
Severability. If any part of this agreement is unenforceable, the rest stays in force.
Entire agreement. This agreement and the documents it refers to are the whole agreement between us about the Software.
Governing law. This agreement is governed by the laws of [STATE/COUNTRY], without regard to its conflict of laws rules. The courts of [JURISDICTION] have exclusive jurisdiction, except that either of us may seek an injunction anywhere to protect intellectual property.