Software license agreement

LOCALCAPTIONS END-USER LICENSE AGREEMENT Agreement version 1.1 | Updated on 9/27/2026 19:33 IMPORTANT: LOCALCAPTIONS IS LICENSED, NOT SOLD. THE $59.99 USD PURCHASE GRANTS PERSONAL AND COMMERCIAL USE RIGHTS, NOT OWNERSHIP OF THE SOFTWARE. THIS IS PAID WINDOWS DESKTOP SOFTWARE, NOT FREEWARE OR SHAREWARE. NO DISCRETIONARY REFUNDS OR TECHNICAL SUPPORT ARE INCLUDED. FUTURE UPDATES AND CONTINUED DOWNLOAD ACCESS ARE NOT GUARANTEED. MANDATORY LEGAL RIGHTS REMAIN UNAFFECTED. 1. PARTIES AND ACCEPTANCE This End-User License Agreement ("Agreement") is between the original purchaser ("You" or "Your") and the individual or legal entity operating LocalCaptions.com that is identified as the legal seller before purchase and in Your order confirmation ("Provider," "We," "Us," or "Our"). The seller's identifying and contact information disclosed for that transaction forms part of this Agreement. LocalCaptions is a product name, and LocalCaptions.com is a website address; neither designation, by itself, identifies a separate legal entity. A payment processor is not the Provider merely because it processes payment. "Software" means the proprietary LocalCaptions application and its accompanying proprietary documentation, installer, and other proprietary materials supplied to You. Separately licensed third-party components are addressed in Section 10. You accept this Agreement by affirmatively selecting "I agree," "I accept," or an equivalent acceptance control after being given an opportunity to review and retain it. If You do not agree, do not complete the purchase or proceed with installation. Acceptance requires legal capacity to enter this Agreement. A person accepting for a business or organization represents that they are authorized to bind it; that organization is then the purchaser and licensee. 2. AUTHORIZED PURCHASE AND LICENSE GRANT New licenses are sold exclusively through LocalCaptions.com and its official Microsoft Store listing. A payment-processing or delivery service used to fulfill an order placed there is not an independent reseller. Obtaining a copy elsewhere does not, by itself, grant a license to this proprietary Software, subject to rights that applicable law makes nonwaivable. Upon lawful purchase, payment, and acceptance of this Agreement, Provider grants You a limited, nonexclusive, nontransferable license, subject to this Agreement and mandatory law, to install and use the supplied Software on compatible Windows desktop-class computers that You own or control. Permitted use includes both personal activities and commercial activities, including paid client work, business projects, and monetized content. No separate commercial-use license or royalty to Provider is required for those permitted activities. The license belongs to the purchaser. Personnel using an organizational purchaser's installation may do so only on that purchaser's behalf and subject to this Agreement; they receive no independent license. Clients and other third parties may receive Your exported work, but not a copy of, or independent access to, the Software under Your license. The license continues unless terminated under Section 16. It does not include any promise of lifetime downloads, support, maintenance, or updates. The Software does not use activation controls; their absence does not expand the license or authorize unpaid or unauthorized use. 3. OWNERSHIP AND RESERVED RIGHTS Your purchase acquires permission to use the Software, not ownership of its copyright, source code, object code, design, documentation, trademarks, or other intellectual property. Provider and the relevant rights holders retain all rights in those materials. All rights not expressly granted are reserved. LocalCaptions is proprietary, paid software. It is not freeware, shareware, public-domain software, or a freely redistributable product. Delivery of readable scripts or source-form files, if any, does not change their proprietary status or grant permission to extract or reuse them outside this Agreement. This provision does not characterize third-party components as proprietary or override their licenses. Provider does not acquire ownership of Your imported media or exported work merely because You use the Software. 4. RESTRICTIONS ON COPYING, SHARING, AND REVERSE ENGINEERING Except as expressly allowed by this Agreement, Provider's prior written authorization, an applicable third-party license, or mandatory law, You must not: (a) Give away, sell, resell, redistribute, publish, upload, rent, lease, lend, sublicense, or otherwise transfer the Software, its installer, proprietary source code, or Your license to another person or organization. (b) Share purchase-specific download links or make the Software itself available to others through a public repository, file-sharing service, shared download, hosted service, or other arrangement that provides unlicensed access. This does not prohibit delivering caption files, rendered videos, or other permitted output to clients. (c) Reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive or reconstruct the proprietary Software's source code or internal implementation. (d) Copy, extract, reproduce, modify, translate, or reuse proprietary source code, including exact or substantially similar copies, to create, incorporate into, or distribute another product or derivative work. Copies necessary for authorized installation, execution, and secure backup are expressly permitted under Sections 2 and 5. (e) Remove or alter copyright, trademark, license, or other proprietary notices, or misrepresent the Software as Your own creation. These restrictions do not prohibit activities that cannot lawfully be restricted by contract, or any copying, modification, distribution, source access, or reverse engineering required or permitted by applicable third-party license terms. In particular, they do not prohibit modifications for Your own use or reverse engineering for debugging modifications where an applicable LGPL license requires those permissions. No advance permission is required for an activity that applicable law or a third-party license independently permits. 5. SECURE BACKUPS AND DOWNLOAD AVAILABILITY You may make and retain reasonable copies of the installer, associated installation files, and Software solely for Your own authorized installation, reinstallation, and backup. Preserve applicable notices. Keep those copies secure and do not make them available for another person's independent use. A backup copy does not create an additional transferable license. DOWNLOAD YOUR PURCHASE PROMPTLY AND KEEP A SECURE BACKUP OF THE COMPLETE INSTALLER AND REQUIRED FILES, TOGETHER WITH YOUR RECEIPT AND THIS AGREEMENT. DO NOT RELY ON THE WEBSITE AS YOUR PERMANENT BACKUP. After giving You a reasonable opportunity to download the purchased Software and fulfilling any expressly promised delivery period, Provider reserves the right, at any time and at its discretion, to restrict, suspend, expire, revoke, relocate, or discontinue download access, with or without advance notice to the extent permitted by law. Continued hosting, replacement downloads, and indefinite access to any particular version are not guaranteed. Loss or withdrawal of download access does not, by itself, terminate the license to a lawfully obtained copy. It does not authorize confiscation or remote deletion of Your copies or files. This Section does not excuse failure to supply a paid purchase, override an expressly agreed download period, end third-party source-code obligations, or limit remedies required by law. 6. WINDOWS DESKTOP COMPATIBILITY LocalCaptions is designed for Windows desktop-class computers, including Windows desktop and laptop PCs. It is not a mobile application and does not natively support smartphones or tablets, including devices running Android, iOS, or iPadOS. A tablet running Windows is not a supported device merely because it runs Windows. The Software has not been tested for use on macOS/Mac computers or Linux systems, and Provider makes no representation or guarantee of compatibility with those platforms. Compatibility through virtualization, emulation, compatibility layers, or other unsupported configurations is also not guaranteed. Provider makes reasonable efforts to deliver functioning Software for modern Windows computers meeting the requirements disclosed before purchase. This is not a guarantee that the Software will work on every Windows version, processor architecture, hardware configuration, driver, browser, media file, or future operating-system update. Before purchase, review the disclosed system requirements, supported features, and known limitations. You are responsible for providing a suitable computer, available storage, permissions, and any disclosed prerequisites. This responsibility does not excuse an inaccurate product description or remove mandatory rights when Software fails to meet legally required standards. 7. NO-REFUND POLICY; MANDATORY EXCEPTIONS ALL PURCHASES ARE FINAL. EXCEPT WHERE APPLICABLE LAW REQUIRES OTHERWISE, PROVIDER DOES NOT OFFER REFUNDS, RETURNS, EXCHANGES, OR A MONEY-BACK GUARANTEE. LocalCaptions is downloadable Software without activation controls that would allow Provider to reliably disable retained copies after a refund. That is the commercial reason for this policy; it does not remove statutory cancellation, refund, or other consumer rights. Subject to those rights, no discretionary refund is offered for a change of mind, failure to review disclosed requirements, purchase for an unsupported device or operating system, failure to use the Software, loss of a downloaded copy, dissatisfaction that does not establish a legal entitlement to a remedy, or the absence of optional support or future updates. Deleting or uninstalling the Software does not, by itself, create a refund entitlement. This policy does not exclude remedies required for nondelivery, defective or materially misdescribed digital content, unauthorized or erroneous charges, or other circumstances covered by mandatory law. It does not prevent a lawful payment dispute or good-faith exercise of legal rights. Where applicable law provides a withdrawal or cooling-off period for digital content, that right is lost only when all legally required conditions are satisfied, including any required prior express consent to immediate supply, acknowledgment of the loss of that right, and contract confirmation. Acceptance of this Agreement alone is not a substitute for any separate consent or acknowledgment the law requires. 8. UPDATES, UPGRADES, AND CONTINUED DEVELOPMENT Updates, upgrades, patches, improvements, new features, and new versions are provided solely at Provider's discretion, except to the extent required by applicable law or a separate express commitment. No update, release schedule, continuing development, or compatibility with future systems is guaranteed. Provider may discontinue development or the product itself. The purchase concerns the Software supplied for Your order and does not create a right to future releases. An update supplied under this license is governed by this Agreement unless additional or replacement terms are disclosed and validly accepted. Rejecting optional new terms does not, by itself, revoke Your existing license to the earlier version. Nothing in this Section excludes updates, security measures, or other remedies that mandatory law requires Provider to supply. 9. NO INCLUDED TECHNICAL SUPPORT TECHNICAL SUPPORT FOR THE SOFTWARE ITSELF IS NOT INCLUDED WITH YOUR PURCHASE. Provider does not undertake to provide installation assistance, configuration, troubleshooting, training, individualized compatibility advice, remote assistance, or guaranteed responses or resolution times. Documentation, tutorials, frequently asked questions, or occasional voluntary assistance, if provided, do not create an ongoing support obligation. An administrative contact channel for orders, legal notices, licensing matters, or mandatory remedies is not a technical-support service. This Section does not eliminate Provider's obligation to address rights or remedies that cannot lawfully be excluded, or any separately agreed support commitment. 10. THIRD-PARTY AND OPEN-SOURCE COMPONENTS Included third-party materials may include Python, Flask and its dependencies, Waitress, FFmpeg/ffprobe and enabled libraries, whisper.cpp/GGML, Whisper model weights, and installer or runtime components. Their respective authors and rights holders retain their ownership. Consult the supplied THIRD_PARTY_NOTICES.txt and accompanying license files for the components and terms applicable to the supplied release. FFmpeg is separately licensed under the LGPL or GPL terms applicable to the particular build and its included components. Provider does not claim ownership of FFmpeg or any other third-party component. The applicable third-party terms control over conflicting provisions of this Agreement for those components and any required permissions relating to their use with the Software. No proprietary restriction, fee, termination clause, or download limitation in this Agreement narrows rights independently granted under those terms. Any required source-code access, notices, offers, relinking rights, or related license obligations remain unaffected. Commercial licensing of the LocalCaptions application does not convert included open-source components into proprietary software. Conversely, inclusion of third-party components does not, by itself, grant rights in proprietary LocalCaptions code beyond this Agreement or rights otherwise required by applicable licenses or law. 11. INSTALLATION CONSENT The installer places the application and its app-private Python runtime and libraries, local FFmpeg/ffprobe media tools, CPU transcription binaries, and bundled multilingual base model on Your computer. It creates a Start menu entry, an optional desktop shortcut, and a Windows uninstaller. It records the accepted Agreement version and acceptance time locally. Customer setup does not require developer tools. Your installation consent is limited to the application and disclosed components and changes. This Agreement does not authorize unrelated software, PATH changes, security exclusions, cloud uploads, or undisclosed collection of information. You must have authority to install the Software on the computer You use. 12. YOUR MEDIA, LOCAL PROCESSING, AND PRIVACY You retain the rights You hold in imported media, project files, captions, and exported work. You are responsible for obtaining any permissions needed to process, transcribe, reproduce, or distribute the materials You supply, including permissions relating to copyright, privacy, confidentiality, and recordings of other people. Permission for commercial use of LocalCaptions is not a license to third-party media or other protected material. LocalCaptions copies imported media into local project storage. Captioning and rendering run locally. The application has no account system, telemetry, or cloud transcription, and its browser interface communicates with an authenticated loopback server on the same computer. Project names, captions, settings, session information, and diagnostic logs are stored locally. Logs may contain file paths or transcription text. Review and redact sensitive information before voluntarily sharing logs or project files. Developer downloads during builds are separate from customer operation. Website purchases, payment processing, and Your voluntary navigation to third-party sites are separate from the application's local processing and are subject to the applicable privacy notices and practices. This Agreement is not consent to undisclosed tracking or collection. Maintain independent backups of Your original media and important work. 13. CAPTION ACCURACY AND RESPONSIBLE USE Automated transcription and captioning can produce incorrect words, omissions, inaccurate timing, or other errors. Review and correct captions, timing, formatting, and rendered output before publication, delivery, or reliance. No particular level of accuracy, processing speed, financial result, or acceptance by a third-party platform is promised unless expressly stated in a binding product commitment. Using the Software does not, by itself, establish compliance with accessibility, broadcast, contractual, or other requirements applicable to Your work. You are responsible for evaluating those requirements and verifying the output. This Section does not reduce mandatory standards applicable to the Software itself. 14. WARRANTY DISCLAIMER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR EXPRESS WARRANTIES OR COMMITMENTS THAT LEGALLY BIND PROVIDER, THE SOFTWARE AND ACCOMPANYING MATERIALS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS." PROVIDER DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, TO THE EXTENT THEY MAY LAWFULLY BE DISCLAIMED. PROVIDER DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED, FREE OF EVERY VULNERABILITY, COMPATIBLE WITH EVERY SYSTEM OR FILE, OR SUITABLE FOR EVERY PURPOSE. Some jurisdictions do not permit particular warranty exclusions. Any such exclusion applies only to the extent lawful. Nothing in this Agreement negates an express product description or representation where doing so would be unlawful, or excludes mandatory rights concerning conformity, quality, fitness, reasonable care, or available remedies. 15. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR LOSS OR CORRUPTION OF DATA TO THE EXTENT SUCH LOSSES ARE INDIRECT OR CONSEQUENTIAL, ARISING FROM THIS AGREEMENT OR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY. SUBJECT TO THE EXCEPTIONS BELOW, PROVIDER'S TOTAL AGGREGATE LIABILITY ARISING FROM THE LICENSE AND SOFTWARE GIVING RISE TO THE CLAIM SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THAT LICENSE. These exclusions and the cap do not apply to fraud, fraudulent misrepresentation, willful misconduct, gross negligence, death or personal injury caused by negligence, or any liability that applicable law prohibits excluding or limiting. They do not limit a nonwaivable refund, repair, replacement, price reduction, statutory damages, or other mandatory remedy. Each limitation applies only to the extent it is lawful and enforceable in the circumstances. 16. TERM AND TERMINATION You may terminate Your license by ceasing use and deleting Your copies of the proprietary Software. Voluntary termination does not, by itself, entitle You to a refund. Provider may terminate this license for a material breach of this Agreement by written notice. For a breach reasonably capable of cure, Provider will describe the breach and allow at least 15 days after notice to cure it, or any longer period required by law. Termination may take effect without that cure period for an incurable material breach, including deliberate unauthorized distribution that cannot reasonably be remedied, to the extent permitted by law. All legally required notice and cure protections remain applicable. On lawful termination, stop using the proprietary Software and delete its installed and backup copies, except any copy that law requires You to retain solely for recordkeeping and not further use. Termination does not transfer Your media or output to Provider, terminate independently granted third-party licenses, or eliminate rights and claims that survive under law. Ownership, applicable restrictions, disclaimers, liability provisions, and terms that by their nature survive remain effective to the extent applicable. 17. NOTICES, APPLICABLE LAW, AND GENERAL TERMS For purchase, licensing, or legal matters, use Provider's contact details disclosed before purchase and in Your order confirmation. Keep those details with Your records. Provider may send contractual notices to the contact information supplied with Your purchase, subject to legally required methods of service. General website announcements do not replace an individual notice where one is required. The law governing a dispute and the courts with authority to hear it are determined under applicable jurisdiction and choice-of-law rules. This Agreement does not impose mandatory arbitration, an exclusive foreign forum, a class-action waiver, or a jury-trial waiver, and does not deprive consumers of mandatory protections or access to competent courts or public authorities. This Agreement, the transaction-specific purchase terms disclosed and accepted at checkout, and any separately accepted written terms constitute the agreement concerning Your license, subject to applicable third-party licenses and mandatory law. The purchase record identifies the parties and purchased version; it does not silently add restrictions absent valid agreement. Nothing here excludes liability for an actionable misrepresentation or overrides a legally binding pre-purchase commitment. A later website posting does not retroactively change the terms governing Your existing copy. Material changes require valid agreement or another lawful basis. If a provision is unenforceable, it will be disregarded or limited only as the law permits; the remainder continues to the extent lawful. Failure to enforce a provision is not a permanent waiver. Mandatory law controls over every conflicting provision, whether or not a particular Section repeats that limitation. BY AFFIRMATIVELY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE HAD AN OPPORTUNITY TO REVIEW AND RETAIN IT AND AGREE TO ITS TERMS, SUBJECT TO YOUR NONWAIVABLE LEGAL RIGHTS.