Commercial Software License Agreement

Last Updated: June 04, 2025

This agreement applies to the self-hosted version of Currents. Please refer to SaaS Terms of Service Agreement.

Please read the following terms and conditions carefully before downloading, installing or using the self-hosted version of Currents or any accompanying documentation.

The terms and conditions of this software license agreement, the Order for the software that you agreed to ("Order"), and, where applicable, any Currents license key information ("license key") are an agreement between you and Currents Software Inc ("Currents") and govern use of the software, unless you and Currents have executed a separate written agreement governing use of the software.

Currents is willing to license the Software to you only upon the condition that you accept all the terms contained in this Agreement. By downloading, installing or using the Software, you have indicated that you understand this Agreement and accept all of its terms. If you are accepting the terms of this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the terms of this Agreement, and, in such event, "you", "your" and "customer" will refer to that company or other legal entity.

If you do not accept all of the terms of this Agreement, then Currents is unwilling to license the Software to you, and you must return the Software to Currents or destroy all copies of the Software.

1. License

1.1 License Grant

Subject to your compliance with the terms and conditions of this Agreement (including payment of the applicable fees in accordance with Section 5. Payment), Currents grants to you a non-exclusive, non-transferable, non-sublicensable, worldwide limited license to

(a) use the software products internally, in executable code form, and related Documentation as specified in the Order, including any error corrections, modifications and updates thereto provided by Currents to you under this Agreement (the "Software"), but only in the Licensed Configuration and only during the term of this Agreement

For purposes of this Agreement, "Licensed Configuration" means the features and usage limits for a specified time period, in each case, as specified in the Order. Your use of the Software is further limited according to the license type and other terms in the Order. You may copy the Software, as reasonably required to exercise your rights under Section 1.1, and you may make a reasonable number of copies for backup or archival purposes.

1.2. Authorized Users

Customer may only permit the Software to be accessed and used by its employees and independent contractors (each, an "Authorized User"), who may only access and use the Software for Customer's internal business purposes in accordance with the license granted in Section 1.1, and only up to the number of Authorized Users specified in the Order (and otherwise in accordance with any other volume limits or restrictions on the use of the Software set forth in the Order).

Customer will ensure that each account (and associated log-in credentials) are accessed only by the specific Authorized User for whom such account is created (for clarity, each account is for a single individual only and cannot be shared or used by more than one person). You will remain wholly liable and responsible for all actions taken under an Authorized User's account, whether or not such action was taken or authorized by the Authorized User, and for the acts and omissions of each Authorized User, including without limitation compliance with this Agreement.

1.3. Limited Rights and License Restrictions

Your rights in the Software will be limited to those expressly granted in this Agreement. Currents reserves all rights and licenses in and to the Software not expressly granted to you under this Agreement. Except as expressly provided in this Agreement, you will not:

(i) copy or modify the Software, in whole or in part;

(ii) transfer, sublicense, lease, lend or rent or otherwise distribute the Software to any third party;

(iii) make the functionality of the Software available to third-party users through any means, including but not limited to by uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services; or

(iv) disassemble, decompile or reverse engineer the Software or permit or authorize a third party to do so, except to the extent such restrictions are expressly prohibited by law.

1.4. Source Code Access and Modifications

Solely if your license type and pricing tier, as specified in the Order, includes access to the source code of the Software, subject to your compliance with the terms and conditions of this Agreement (including payment of the applicable fees in accordance with Section 5. Payment), Currents grants to you a non-exclusive, non-transferable, worldwide limited license to use, reproduce, modify and create derivative works based upon the Software, solely for the purpose of customizing the Software to interface. Notwithstanding anything to the contrary, you agree that you have the right to use any and all modifications, customizations, enhancements and extensions to the Software to the same extent, and solely to such extent, that you have the right to use the Software pursuant to this Agreement and your valid subscription.

2. Ownership

2.1. Ownership

You expressly acknowledge that, as between Currents and you, Currents and its licensors own all worldwide right, title and interest in and to the Software, including all worldwide patent rights, copyrights, trade secrets, know-how and any other intellectual property rights embodied therein. You will not delete or in any manner alter the copyright, trademark or other proprietary rights notices appearing on the Software as delivered to you.

You will reproduce such notices on all copies you make of the Software. Subject to Section 1.4. Source Code Access and Modifications, you will own your modifications to the Software ("Modifications"); provided that your ownership thereof will be subject to Currents's underlying intellectual property rights in the Software. At your option, you may submit your Modifications to the Currents open source projects.

2.2. Feedback and Modifications

If you make any Modifications or provide any ideas, suggestions, or recommendations regarding the Software ("Feedback", which, for clarity, includes Modifications), Currents will be free to use, disclose, reproduce, license or otherwise distribute, and exploit such Feedback and Modifications as it sees fit, entirely without obligation or restriction of any kind. By providing Feedback or Modifications, you grant Currents a worldwide, perpetual, irrevocable, sublicensable, fully-paid and royalty-free license to use and exploit in any manner such Feedback and Modifications.

3. Customer Support

3.1. Customer Support by Currents

Subject to your compliance with the terms and conditions of this Agreement (including payment of the applicable fees in accordance with Section 5. Payment), Currents will make available to you at no additional cost Currents's standard support for the license type and pricing tier specified in the Order in accordance with Currents's then-standard support terms.

Currents reserves the right to designate any additional new content or features as requiring separate payment or purchase of a separate subscription at any time. If you have entered into a separate Support (or similar) Agreement with Currents, then Currents will provide Software maintenance and support in accordance with the terms of that Support Agreement, not this Agreement. For the avoidance of doubt, Currents shall have no obligation to provide support to End Customers or any users of the Customer Application.

4. Units and Usage

4.1. Units

If specified in the Order, Fees will be calculated based on units of use of the Software (such as per server, per installation, per customer or per user). If your actual usage of the Software exceeds the Units covered by the Fee prepaid by you for a Subscription Term, Currents will charge you for the difference between the Units covered in the Order and the number of Units actually used by you during that Term.

4.2. Telemetry and Licensing

You agree that Currents may use remote telemetry and licensing software to automatically collect data regarding your actual usage of the Software, including the number of Units used. This data will be used solely for the purposes of verifying compliance with this Agreement, calculating applicable Fees, and improving the Software. Currents will ensure that any data collected is handled in accordance with applicable privacy laws and regulations.

4.3. Certification

At Currents's written request, within thirty (30) days of written request, you will furnish Currents with an officer's written certification verifying that the Software is being used in accordance with the terms of this Agreement.

4.4. Audit Rights

Upon at least thirty (30) days' prior written notice, Currents may audit your use of the Software to ensure compliance with this Agreement. No audit may take longer than thirty (30) days to complete. All individuals involved in the audit must:

  • sign a non-disclosure agreement consistent with Section 8. Confidentiality;
  • make no copies of documents;
  • remove no materials from your premises;
  • and comply with all of your reasonable rules, policies, and instructions applicable to accessing your premises or systems.

If an audit reveals that you have underpaid fees during the audited period, you will promptly pay Currents such underpaid fees based on Currents's price list in effect at the time of audit completion.

5. Payment

5.1. Fees

You will pay the fees and charges stated in the Order ("Fees") for use of the Software and any additions services according to the schedule and means specified in the Order.

5.2. Payment Terms

If you have provided us with credit card details, we will charge that credit card:

(i) at the start of each Subscription Term, for the initial Fee; and

(ii) periodically according to the payments schedule specified in the Order;

(iii) promptly after identifying changes in Units as reported under Section 4.2. Telemetry and Licensing or the results of an audit under Section 4.4. Audit Rights, any additional Fees payable by you (if any).

We will issue a payment confirmation to you with respect to any charges we have made to your credit card.

If we issue an invoice to you, all invoices are payable as specified in the Payment Terms section of the Order (or if not so specified, within thirty (30) days of receipt). All amounts are stated and shall be paid in US dollars and are exclusive of taxes, duties, levies, tariffs, and other governmental charges (except taxes based on Currents's earnings or income) (collectively, "Taxes").

You are responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made to us, other than any taxes based on Currents's net income. Except as specifically outlined in Section 6. Term and Termination and Section 10.3. Injunction, all fees are non-refundable.

Currents may, at its sole discretion, voluntarily waive charges owed by you under this Agreement or include the taxes, duties, levies, tariffs, and other governmental charges in the payment as stated in the Order.

6. Term and Termination

6.1. Term

This Agreement will commence on the Effective Date and, unless terminated earlier in accordance with the terms of this Section 6, will continue in effect for the initial Term specified in the Order. At the end of such initial Term, subject always to timely payment of the Fees, this Agreement will renew upon written confirmation for additional successive Term having the duration specified in the Order (or if no renewal term length is stated in the Order, having the same duration as the initial Term) (each, a "Renewal Term"), unless either party provides at least 30 days' prior written notice of non-renewal. Such Term and each Renewal Term are each individually referred to herein as a "Subscription Term."

6.2. Termination for Breach

Each party will have the right to terminate this Agreement if the other party breaches this Agreement and fails to cure such breach within 14 days after written notice thereof, provided that, for breaches that cannot be cured using reasonable efforts within 14 days, then up to an additional 30 days to cure.

6.3. Additional Remedies

Notwithstanding the foregoing, if you fail to pay the applicable fees as specified in the Order and this Agreement, and that failure persists for 14 days after written notice, your license to the Software ends automatically.

6.4. Effect of Termination

You acknowledge that upon expiration or termination of this Agreement, the Software and any license key may automatically de-activate and you may no longer be able to access and use the Software. Upon termination:

(1) you must, at Currents's option, either promptly destroy or return to Currents all copies of the Software and any Currents Confidential Information in your possession or control, provided that, upon agreeing to pay 25% of the prior years' fee, we will allow you to continue to use the Currents Software for an additional three months; and

(2) you shall not be entitled to a refund of any pre-paid fees, except that you will be entitled to a refund of pre-paid fees if this Agreement is terminated by you for our breach and as provided in 10. Indemnification.

The following sections will survive any expiration or termination of the Agreement.

Upon termination of this Agreement for any reason, the rights granted in the following sections

shall immediately terminate and you must ensure that your End Customers delete the Customer Application.

7. Customer Data

7.1. You own all worldwide right, title and interest in and to all your data that is processed by the Software and the analyses that are generated by the Software based on such data.

8. Confidentiality

8.1. Continuing until 2 (two) years after the expiration or termination of this Agreement, each party (as such, a "recipient") agrees to keep all information, documents and data received from the other party (as such, a "discloser"), which are marked as or which would reasonably be considered to be confidential ("Confidential Information") as strictly confidential and to use such information only as follows:

(i) with respect to Currents Confidential Information, within the scope of the licenses granted to you, and

(ii) with respect to your Confidential Information, only as needed to provide you with the Software and services contemplated by this Agreement.

The Software and its pricing are Currents's Confidential Information. Notwithstanding the foregoing, "Confidential Information" shall not include any information, proven by documentation, which:

(i) becomes generally available to the public other than as a result of a disclosure by the recipient;

(ii) was available to the recipient on a non-confidential basis prior to its disclosure by the discloser;

(iii) becomes available to the recipient on a non-confidential basis from a source other than the discloser, provided that such source is not known by the recipient to be bound by any duty to the discloser or another entity, to keep such information confidential; or

(iv) is independently developed by the recipient, without use of the discloser's Confidential Information.

9. Warranties

9.1. Limited Software Warranty

Currents warrants that, for thirty (30) days following the Effective Date, the Software will perform in all material respects in accordance with the standard user documentation for the Software that Currents makes generally available to its customers ("Documentation"). As your sole and exclusive remedy and Currents's entire liability for any breach of this limited warranty, Currents will at its option and expense promptly correct or replace the Software so that it conforms to this limited warranty. Currents does not warrant that the Software will meet your requirements, that the Software will operate in the combinations that you may select, that the operation of the Software will be error-free or uninterrupted, or that all Software errors will be corrected. The limited warranty set forth in this Section 9.1 does not apply to the extent that Currents provides you with the Software (or portions of the Software) for beta, evaluation, testing, or demonstration purposes.

9.2. No Excluded Licenses

The Software and Documentation do not incorporate, combine with, or use software or materials distributed under an Excluded License ("Open Source Materials"). "Excluded License" means a license that requires, as a condition of use, modification, and/or distribution of such Open Source Materials that other software incorporated into, derived from, or distributed with such Open Source Materials be

(i) disclosed or distributed in source code form,

(ii) licensed for the purpose of making derivative works, or

(iii) redistributable at no charge.

9.3. Customer Obligations

Customer shall make no representations or warranties with respect to the Software or any related services beyond those contained herein. Customer shall be solely responsible for, and Currents shall have no legal obligation to honor, any warranties that Customer provides to End Customers to the extent that such warranties are broader or greater in scope than those made by Currents to Customer hereunder. Customer shall defend, indemnify and hold Currents and its affiliated companies harmless from any and all costs, losses, damages, liabilities and expenses (including reasonable attorney's fees and costs of litigation) resulting from Customer's failure to comply with this Section 9.3.

9.4. Disclaimer

EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. CURRENTS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CURRENTS OR ELSEWHERE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

10. Indemnification

10.1. Currents Indemnity

Currents will defend, indemnify and hold you harmless from and against any damages, costs and expenses (including reasonable attorneys' fees and other professional fees) awarded against you in a final non-appealable judgment or that are agreed to in settlement, to the extent based on a third-party claim that the Software, as provided by Currents to you, infringes any patent, copyright or misappropriates any trade secret of any third party; provided that you:

(a) promptly notify Currents in writing of any such claim;

(b) grant Currents sole control of the defense and settlement of the claim; and

(c) provide Currents, at Currents's expense, with all assistance, information and authority reasonably required for the defense and settlement of the claim.

You have the right to retain counsel, at your expense, to participate in the defense or settlement of any claim. Currents will not be liable for any settlement or compromise that you enter into without Currents's prior written consent.

10.2. Exclusions

Currents's obligation to indemnify you pursuant to Section 10.1. Currents Indemnity will not apply to the extent any claim results from or is based on:

(i) any combination, operation or use of the Software with any product, system, device, method or data not provided by Currents, if such claim would have been avoided but for such combination, operation or use;

(ii) modification of the Software by anyone other than Currents, if a claim would have been avoided but for such modification;

(iii) your failure to install and use any upgrades to the Software furnished by Currents, if such claim could have been avoided by such installation and use of such upgrades; or

(iv) use of the Software other than in accordance with this Agreement.

10.3. Injunction

If your use of the Software is, or in Currents's opinion is likely to be, enjoined due to the type of claim specified in Section 10.1. Currents Indemnity, then Currents will at its sole option and expense:

(i) procure for you the right to continue using the Software under the terms of this Agreement; or

(ii) replace or modify the Software to make it non-infringing and of equivalent functionality.

If Currents is unable to accomplish (i) or (ii) despite using its reasonable efforts, then Currents may terminate your rights and Currents's obligation under this Agreement with respect to such Software and refund to you a pro-rata portion of the prepaid license fees you paid for such Software.

10.4. Customer Indemnity

Customer agrees to defend and indemnify Currents, at Customer's expense, against any legal action brought against Currents by a third party to the extent that it is based on a claim that a Customer Application or any software, hardware, materials or technology therein (except for Software), or the combination of the Software with any other software, hardware, materials or technology used by Customer as part of the applicable Customer Application, infringes a patent, copyright or trademark of such third party or makes unlawful use of such party's trade secret, and Customer shall pay any settlement of such claim or final judgment against Currents in any such action if attributable to any such claim.

However, such defense and payments are subject to the conditions that Currents must:

(i) notify Customer promptly in writing of such claim,

(ii) permit Customer to have sole control of the defense, compromise or settlement of such claim, including any appeals, and

(iii) fully cooperate with Customer, at Customer's expense, in the defense or settlement of such claim.

10.5. Sole Remedy

THIS SECTION 10 SETS FORTH CURRENTS' SOLE AND EXCLUSIVE OBLIGATIONS, AND YOUR SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT TO INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF ANY KIND.

11. Limitation of Liability

IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL, OR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, WHETHER OR NOT FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE, OPERATION OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT Currents HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING UNDER THIS AGREEMENT, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL NOT EXCEED THE AMOUNTS PAID TO Currents BY YOU FOR THE SPECIFIC SOFTWARE GIVING RISE TO A CLAIM FOR LIABILITY HEREUNDER DURING THE 12 MONTH PERIOD PRIOR TO THE FIRST CLAIM, PROVIDED THAT THIS SHALL NOT RELEASE YOU FROM PAYING ALL FEES AND CHARGES DUE HEREUNDER.

The parties agree that the limitations and exclusions contained in this Section 11 and elsewhere in this Agreement will

(a) not apply to any claims under indemnity and

(b) survive and apply even if any exclusive remedy specified in this Agreement is found to have failed of its essential purpose.

12. Export Law

You agree to comply fully with all applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

13. General

13.1. This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia, without regard to or application of conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in the Northern District of California and each party irrevocably consents to the personal jurisdiction thereof and venue therein.

13.2. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without Currents's prior written consent, and any attempt by you to do so, without such consent, will be void. Currents may freely assign this Agreement.

13.3. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.

13.4. All notices or approvals required or permitted under this Agreement will be in writing and delivered by confirmed email transmission, by overnight delivery service, or by certified mail, and in each instance will be deemed given upon receipt. All notices or approvals will be sent to the addresses set forth in the Order or to such other address as may be specified by either party to the other in accordance with this Section 13.

13.5. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties.

13.6. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect.

13.7. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter.

13.8. The parties to this Agreement are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent.

13.9. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.

13.10. Currents will not be in breach of this Agreement if its performance is prevented or delayed for circumstances beyond its reasonable control, including but not limited to acts of God, inclement weather, flood, lightning or fire, strikes or other labor disputes or industrial action, act or omission of government or other competent authority, terrorism, war, riot, or civil commotion, unavailability of supply or power outage, hackers, viruses, disruption in transmission, or disruption in telecommunications services.

13.11. No shrink-wrap, click-wrap, click-through, click-accept, online terms or website terms provided or presented by you with any products or software hereunder, or other terms provided or presented by you in a separate quote or ordering document (other than the Order, or in a mutually-executed amendment to this Agreement signed by duly authorized representatives of both parties) ("Additional Terms") shall be binding on Currents, even if use of such products and software requires an affirmative "acceptance" of those Additional Terms. All such Additional Terms shall be of no force or effect and shall be deemed rejected by Currents in their entirety.

If you have any questions regarding this Agreement, you may contact Currents at support@currents.dev.