SDK and Private Repository License Agreement

The license under which Primordio LLC makes its SDK, the doc-gen command-line tool and GitHub Action, and its private repositories available to you.

Version: 1.0
Last updated: October 2, 2026
Effective: October 2, 2026

Version 1.0 — Last updated October 2, 2026 — Effective October 2, 2026

This Proprietary SDK and Private Repository License Agreement (“Agreement”) is entered into between Primordio LLC, a Delaware limited liability company (“Primordio”), and the individual or legal entity accepting this Agreement (“Licensee”).

This Agreement governs access to and use of any Primordio software development kit, source-code repository, library, package, sample code, reference implementation, command-line tool, API client, developer tooling, documentation, specification, test material, integration component, development resource, or related nonpublic material provided by Primordio (collectively, the “SDK Materials”).

BY ACCEPTING THIS AGREEMENT, ACCESSING A PRIMORDIO PRIVATE REPOSITORY, CLONING OR DOWNLOADING SDK MATERIALS, OR OTHERWISE USING THE SDK MATERIALS, LICENSEE AGREES TO THIS AGREEMENT.

If the individual accepting this Agreement acts for an organization, that individual represents that he or she has authority to bind that organization.

1. PROPRIETARY AND CONFIDENTIAL STATUS

THE SDK MATERIALS ARE PROPRIETARY AND, EXCEPT FOR MATERIAL EXPRESSLY DESIGNATED PUBLIC BY PRIMORDIO, CONFIDENTIAL.

The SDK Materials are licensed, not sold.

Private-repository access does not constitute publication, public distribution, dedication to the public, abandonment of secrecy, waiver of trade-secret protection, or transfer of ownership.

Possession of a copy does not create any license except the limited license expressly stated in this Agreement.

Primordio retains all rights not expressly granted.

2. DEFINITIONS

2.1 “Authorized Developer”

An employee or individual contractor of Licensee who:

(a) has a legitimate need to access SDK Materials for the Permitted Purpose;

(b) has been specifically authorized by Licensee;

(d) is subject to written confidentiality and intellectual-property obligations at least as protective of Primordio as those reasonably necessary to comply with this Agreement; and

(e) is not otherwise prohibited from access by Primordio.

2.2 “Authorized Integration”

Software independently developed by Licensee that uses the SDK Materials for a Permitted Purpose expressly authorized by Primordio.

2.3 “Confidential Information”

Nonpublic information disclosed or made accessible by Primordio that is designated confidential or that a reasonable person would understand to be confidential or proprietary based upon its nature or circumstances.

Confidential Information includes nonpublic:

source code;
object code;
SDKs;
libraries;
APIs;
schemas;
architecture;
algorithms;
methods;
processes;
prompts;
agent instructions;
model configurations;
routing logic;
evaluation methods;
system behavior;
implementation details;
technical documentation;
security mechanisms;
testing methods;
unreleased features;
roadmaps;
performance information;
pricing information;
commercial information;
datasets;
credentials;
development information; and
know-how.

2.4 “Permitted Purpose”

The specific evaluation, development, integration, or production purpose identified in an applicable order form, developer agreement, written authorization, or SDK documentation.

If no production purpose is expressly identified, the license is limited to internal evaluation and development and does not include production deployment or redistribution rights.

2.5 “Redistributable Component”

A specific SDK component that Primordio expressly identifies in writing or accompanying documentation as authorized for redistribution in object-code form.

No source code is a Redistributable Component unless Primordio expressly states otherwise in writing.

3. LIMITED LICENSE GRANT

Subject to Licensee’s continuous compliance with this Agreement and applicable payment obligations, Primordio grants Licensee a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the applicable license term to:

permit Authorized Developers to access and internally use the SDK Materials;
make the minimum number of internal copies reasonably necessary for the Permitted Purpose;
develop and test an Authorized Integration; and
where expressly authorized, incorporate Redistributable Components into an Authorized Integration solely in accordance with Primordio’s documentation.

No other rights are granted.

The license granted by this Section is expressly conditioned upon Licensee’s compliance with provisions governing:

copying;
reproduction;
modification;
distribution;
sublicensing;
transfer;
Authorized Developers;
Permitted Purpose;
Redistributable Components; and
permitted deployment.

Other obligations under this Agreement constitute independent contractual covenants.

4. NO IMPLIED PRODUCTION OR REDISTRIBUTION RIGHTS

Access to an SDK, package, source repository, source file, binary, documentation, sample, or API specification does not imply permission to:

deploy the SDK into production;
distribute it;
host it for third parties;
incorporate source into distributed software;
sublicense it;
expose it through an API;
provide it as a managed service;
embed it in a commercial product;
make it available to customers; or
create a service based on Primordio technology.

Such rights exist only where expressly granted.

5. REDISTRIBUTABLE COMPONENTS

Where Primordio expressly identifies a component as Redistributable, Licensee may distribute that component only:

(a) in object-code form;

(b) as an inseparable or functionally integrated part of an Authorized Integration;

(d) without exposing Primordio source code;

(e) subject to terms protecting Primordio’s ownership and restrictions; and

(f) without enabling recipients to separately use, extract, redistribute, or commercially exploit the Primordio component.

Licensee may not distribute Redistributable Components as standalone SDKs, libraries, development tools, packages, or substitutes for Primordio products.

6. AUTHORIZED DEVELOPERS

Licensee shall restrict access to Authorized Developers.

Licensee is responsible for actions of Authorized Developers relating to the SDK Materials.

Licensee shall:

use individual accounts;
prohibit shared repository credentials;
remove access promptly when no longer required;
remove access promptly when employment or engagement ends;
periodically review access;
maintain least-privilege access;
require strong authentication;
enable multifactor authentication where reasonably available; and
prevent unauthorized persons from viewing or obtaining SDK Materials.

Licensee shall maintain an accurate record of individuals authorized to access SDK Materials and provide a current list to Primordio upon reasonable request related to security, compliance, or a suspected disclosure.

7. CONTRACTORS

Licensee may permit a contractor to become an Authorized Developer only where:

the contractor requires access for Licensee’s Permitted Purpose;
the contractor has written confidentiality and intellectual-property obligations sufficient to protect the SDK Materials;
the contractor does not retain SDK Materials after the work requiring access is complete; and
Licensee remains responsible for the contractor’s compliance with this Agreement.

Licensee may not provide SDK Materials to outsourcing vendors, subcontractors, offshore development providers, consultants, or other third parties whose access is not reasonably necessary for the Permitted Purpose.

Primordio may require prior written approval for categories of third-party access identified in an applicable order form.

8. PRIVATE REPOSITORY SECURITY

Where SDK Materials are provided through a private source-code repository, Licensee shall not:

make the repository public;
create a public fork;
create an unauthorized private fork;
mirror the repository outside an approved development environment;
transfer the repository to a personal account;
upload the repository to an unapproved source host;
disclose repository access tokens;
share credentials;
place SDK Materials in publicly accessible storage;
publish source fragments in public support forums;
submit source to public issue trackers; or
otherwise expose SDK Materials to unauthorized persons.

Licensee shall protect local clones, build artifacts, cached copies, backups, and development environments containing SDK Materials using security measures appropriate for confidential source code.

9. SECURITY REQUIREMENTS

Licensee shall maintain reasonable administrative, technical, and physical safeguards appropriate to the sensitivity of the SDK Materials, including as appropriate:

multifactor authentication;
least-privilege permissions;
access logging;
endpoint security;
encryption in transit;
reasonable protection of stored repositories and backups;
prompt revocation of departed-user access;
vulnerability and patch management;
secure credential management; and
reasonable controls preventing unintended publication.

Licensee shall not intentionally defeat controls Primordio uses to protect the SDK Materials.

10. ARTIFICIAL-INTELLIGENCE AND THIRD-PARTY DEVELOPMENT TOOLS

Licensee may not submit, expose, upload, transmit, index, embed, or otherwise make SDK Materials or Primordio Confidential Information available to a third-party artificial-intelligence, machine-learning, code-generation, code-analysis, code-indexing, embedding, vector-storage, training, or similar service unless:

(a) Primordio has expressly approved the service; or

(b) Licensee has reasonably determined and contractually ensured that the service:

will not use Primordio materials to train or improve generally available models;
will not disclose the materials to unauthorized third parties;
applies confidentiality and security protections appropriate to proprietary source code;
limits retention to what is reasonably necessary for the authorized service;
does not claim ownership of Primordio materials; and
does not make Primordio materials available to other customers.

Licensee remains responsible for disclosure resulting from its selection, configuration, or use of development tools.

Public or consumer AI services may not be used with Primordio Confidential Information unless expressly approved.

11. NO AI TRAINING OR MODEL DEVELOPMENT

Except with Primordio’s written authorization, Licensee may not use the SDK Materials, source code, documentation, behavior, outputs, examples, interaction traces, or Confidential Information to:

train;
fine-tune;
distill;
benchmark;
evaluate;
improve; or
create

an AI model or automated system intended to reproduce, emulate, substitute for, compete with, or derive Primordio proprietary functionality.

12. CONFIDENTIALITY

Licensee shall:

use Confidential Information solely for the Permitted Purpose;
disclose it only to Authorized Developers with a need to know;
protect it with at least reasonable care and no less care than Licensee uses to protect comparable confidential information of its own;
prevent unauthorized reproduction, disclosure, transmission, or use;
immediately take reasonable steps to contain suspected unauthorized disclosure; and
notify Primordio promptly of a known or reasonably suspected material compromise involving SDK Materials.

Confidential Information does not include information Licensee proves through contemporaneous written records:

became publicly available without breach of an obligation;
was lawfully possessed without confidentiality restriction before disclosure by Primordio;
was lawfully received from an independent third party without confidentiality obligations; or
was independently developed without access to or use of Primordio Confidential Information.

Information does not cease being confidential merely because individual elements are publicly known if the compilation, arrangement, implementation, combination, configuration, or application remains nonpublic.

13. TRADE SECRETS

Certain SDK Materials may constitute trade secrets under applicable law.

Licensee acknowledges that Primordio provides such information under circumstances imposing duties to maintain secrecy and limit use.

Licensee shall not use trade-secret information for any purpose other than the Permitted Purpose.

Obligations protecting information qualifying as a trade secret survive for so long as that information remains a trade secret under applicable law.

Nothing in this Agreement prevents lawful independent development that occurs without use of or reference to Primordio Confidential Information.

14. COMPELLED DISCLOSURE

If Licensee is legally compelled to disclose Confidential Information, Licensee shall, to the extent legally permitted:

promptly notify Primordio;
disclose only information legally required;
reasonably cooperate in seeking protective treatment; and
preserve confidentiality protections over information not required to be disclosed.

15. PROHIBITION ON COPYING AND DISTRIBUTION

Except for copies expressly permitted by this Agreement, Licensee may not:

reproduce;
publish;
distribute;
sell;
rent;
lease;
sublicense;
assign;
transfer;
loan;
disclose;
host;
provide;
transmit; or
otherwise make SDK Materials available to another person.

Licensee shall not publish SDK Materials to package managers, code repositories, artifact repositories, forums, documentation websites, or other distribution systems except as expressly authorized.

16. NO REVERSE ENGINEERING OR TECHNICAL EXTRACTION

Except to the extent prohibited by non-waivable applicable law, Licensee shall not:

reverse engineer;
decompile;
disassemble;
decode;
reconstruct;
translate;
probe;
instrument;
inspect;
trace;
derive; or
otherwise attempt to determine

nonpublic elements of Primordio software or systems outside the SDK Materials expressly provided.

Licensee may not use SDK access to extract or infer:

proprietary algorithms;
architecture;
system prompts;
hidden instructions;
model-routing logic;
decision rules;
scoring methods;
internal evaluation systems;
nonpublic protocols;
security mechanisms;
undocumented APIs;
proprietary workflows; or
other nonpublic implementation details.

Nothing in this Agreement prohibits conduct that applicable law affirmatively permits and does not permit the parties to restrict by contract.

17. NO COMPETITIVE USE

Licensee may not access, use, study, analyze, or retain SDK Materials or Confidential Information for the purpose of researching, designing, developing, training, testing, validating, improving, commercializing, or assisting with:

a competing SDK;
a competing software product;
a substitute service;
a substantially similar developer tool;
an automated system that reproduces Primordio functionality; or
another product that materially incorporates or reproduces Primordio’s proprietary methods, workflows, or nonpublic implementation.

Licensee may not obtain repository access on behalf of a competitor or provide a competitor access to SDK Materials.

This Section does not prohibit independently developed technology created without prohibited use of SDK Materials or Primordio Confidential Information.

18. NO PRODUCT TEARDOWN OR COMPETITIVE INTELLIGENCE

Licensee shall not use SDK access primarily to:

conduct product teardown;
map Primordio architecture;
extract feature designs;
replicate workflow sequencing;
evaluate how to design around Primordio technology;
produce competitive intelligence;
reproduce proprietary interfaces or behavior; or
assist another person with such activities.

19. BENCHMARKING AND PUBLICATION

Except where applicable law provides otherwise, Licensee may not publicly disclose:

nonpublic benchmarks;
comparative performance results;
architectural findings;
internal security findings;
internal scalability measurements;
reverse-engineering analysis; or
technical evaluation results

derived from confidential or restricted SDK access without Primordio’s prior written authorization.

Licensee may report suspected vulnerabilities privately to Primordio.

20. NO SERVICE BUREAU OR COMPETING PLATFORM

Unless expressly authorized, Licensee may not use SDK Materials to:

provide a service bureau;
provide SDK functionality as a service;
expose substantially equivalent SDK functions through Licensee’s own API;
white-label Primordio technology;
resell Primordio functionality;
provide Primordio functionality to third parties as a standalone service; or
create a platform designed to substitute for licensing directly from Primordio.

21. MODIFICATIONS

Licensee may modify SDK Materials only where expressly permitted by Primordio documentation or written authorization.

Permitted modifications remain subject to this Agreement.

Primordio retains ownership of the underlying SDK Materials.

Licensee retains ownership of independently created code that does not constitute Primordio SDK Materials or Primordio Confidential Information.

No modification eliminates Primordio’s ownership of pre-existing Primordio technology.

Licensee may not distribute a modified SDK or use modifications to circumvent restrictions imposed by this Agreement.

22. CONTRIBUTIONS AND PATCHES

If Licensee voluntarily submits source-code changes, patches, pull requests, bug fixes, or other proposed modifications to Primordio (“Contributions”), Licensee grants Primordio a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to:

use;
reproduce;
modify;
adapt;
distribute;
incorporate;
commercialize;
sublicense; and
create derivative works from

those Contributions.

Licensee represents that it has sufficient rights to grant this license.

Licensee should not submit its own confidential information as a Contribution unless the parties separately agree otherwise.

23. FEEDBACK

Licensee grants Primordio a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use and exploit suggestions, ideas, recommendations, feature requests, and other Feedback relating to Primordio technology.

Feedback does not include Licensee’s confidential source code or confidential business information merely because it appears in a support communication.

24. PRIMORDIO OWNERSHIP

Primordio retains all right, title, and interest in and to:

the SDK Materials;
Primordio source code;
Primordio object code;
architecture;
designs;
documentation;
algorithms;
methods;
processes;
workflows;
prompts;
model configurations;
evaluation systems;
APIs;
data structures;
proprietary datasets;
trade secrets;
know-how;
updates;
corrections;
improvements created by Primordio;
trademarks;
copyrights;
patents and patent applications; and
other Primordio intellectual property.

Nothing in this Agreement grants Licensee rights to use Primordio technology outside the Permitted Purpose.

25. PATENT RIGHTS

SDK Materials may embody technology covered by pending, future, or issued patents.

To the extent a Primordio patent license is necessarily required solely to exercise the express SDK license granted under this Agreement, Primordio grants such limited patent rights solely for that purpose and for the applicable license term.

No patent license is granted to:

manufacture a competing implementation;
build a substitute SDK;
commercialize Primordio technology independently;
practice Primordio inventions outside the Authorized Integration; or
enable third parties to do so.

No additional patent rights are granted by implication, estoppel, or otherwise.

26. COPYRIGHT

SDK Materials are protected by copyright and other applicable law.

Except as expressly authorized, Licensee may not reproduce, adapt, distribute, publicly display, publicly perform, or create unauthorized derivative works from copyrightable Primordio materials.

Copyright protection and this Agreement are independent and cumulative sources of protection to the extent permitted by law.

27. PROPRIETARY NOTICES

Licensee shall preserve all copyright, confidentiality, trademark, patent, and proprietary notices contained in SDK Materials.

Licensee may not remove, conceal, falsify, obscure, or alter those notices.

Where technically reasonable, authorized internal copies must preserve applicable proprietary legends.

28. THIRD-PARTY AND OPEN-SOURCE SOFTWARE

SDK Materials may include or depend upon third-party software.

Third-party components identified as subject to separate licenses are governed by those licenses.

Nothing in this Agreement is intended to restrict rights granted directly under an applicable open-source license or impose Primordio proprietary restrictions on material to which Primordio lacks the legal authority to apply such restrictions.

Licensee remains responsible for determining whether its use and distribution of third-party dependencies complies with applicable licenses.

29. NO RELIANCE ON SDK FOR SECURITY OR COMPLIANCE

Licensee is responsible for the design, security, testing, operation, and regulatory compliance of the Authorized Integration.

Primordio does not warrant that the SDK:

prevents vulnerabilities;
satisfies legal requirements;
produces secure applications;
prevents data loss;
detects every error;
is compatible with every development environment; or
satisfies Licensee’s security or compliance obligations.

Licensee shall conduct its own testing before production deployment.

30. AUTHORIZED SYSTEMS AND DATA

Licensee may use the SDK to access or integrate with third-party systems only where Licensee possesses sufficient authorization.

Licensee may not use the SDK as a mechanism for:

unauthorized access;
credential theft;
circumvention of security controls;
unlawful surveillance;
malware distribution;
destructive activity; or
other illegal conduct.

Licensee remains responsible for actions performed by software it develops using the SDK.

31. SENSITIVE AND REGULATED DATA

Unless Primordio expressly agrees otherwise in writing, Licensee shall not use the SDK in a manner that requires Primordio to receive or process:

protected health information;
payment authentication data;
classified information;
regulated biometric information;
government-restricted information; or
similarly sensitive regulated information.

Where such processing is expressly authorized, additional security, privacy, or data-processing terms may apply.

32. INCIDENT NOTIFICATION

Licensee shall notify Primordio without unreasonable delay after discovering:

unauthorized disclosure of SDK Materials;
unauthorized repository access;
accidental public publication;
compromise of repository credentials;
unauthorized third-party access;
material loss of Confidential Information; or
another event reasonably likely to compromise Primordio Confidential Information.

Licensee shall take reasonable steps to:

contain the incident;
revoke compromised credentials;
remove unauthorized copies where possible;
preserve relevant evidence; and
cooperate reasonably with Primordio’s investigation.

Notification does not constitute an admission of liability.

33. RECORDS AND COMPLIANCE VERIFICATION

Licensee shall maintain records reasonably sufficient to demonstrate compliance with repository-access and Authorized-Developer requirements.

If Primordio has a reasonable, good-faith basis to believe a material unauthorized disclosure, redistribution, competitive use, or repository compromise has occurred, Primordio may request information reasonably necessary to investigate that issue.

Where that information is insufficient and the suspected violation is material, Primordio may request a narrowly scoped compliance review conducted in a manner reasonably designed to avoid unnecessary access to Licensee’s unrelated confidential information.

Primordio shall not exercise this provision as a general right to inspect Licensee’s unrelated systems.

34. ACCESS REVOCATION

Primordio may immediately revoke repository or SDK access where reasonably necessary to:

contain a security incident;
respond to credential compromise;
prevent unauthorized distribution;
protect trade secrets;
enforce license scope;
respond to material breach;
comply with law; or
prevent material harm.

Revocation does not waive any other rights or remedies.

35. TERM AND TERMINATION

This Agreement continues for the applicable subscription, evaluation, or license term unless earlier terminated.

Primordio may terminate this Agreement for material breach.

Where a breach is reasonably curable and does not create an immediate security or intellectual-property threat, Primordio may provide a reasonable cure period.

Primordio may terminate or suspend immediately for:

unauthorized source disclosure;
public repository publication;
intentional circumvention of access controls;
intentional competitive misuse;
material violation of confidentiality obligations;
deliberate redistribution;
fraudulent acquisition of repository access; or
another material threat to Primordio’s technology or security.

36. EFFECT OF TERMINATION

Upon expiration or termination, Licensee shall:

cease accessing the private repository;
cease use of SDK Materials except as expressly authorized in a surviving written agreement;
delete unauthorized or no-longer-authorized source copies;
remove SDK Materials from personal repositories and unauthorized development systems;
revoke access credentials;
require former Authorized Developers to delete unauthorized retained copies; and
upon reasonable written request, provide certification from an authorized representative confirming required deletion.

Licensee is not required to destroy copies whose retention is required by law, provided those copies remain confidential, inaccessible for ordinary business use, and are deleted when retention is no longer required.

Backup copies maintained automatically may remain until overwritten in the ordinary course, provided they remain protected and are not restored for continued use.

37. SURVIVAL

The following survive expiration or termination as applicable:

ownership;
confidentiality;
trade-secret obligations;
restrictions relating to previously obtained Confidential Information;
accrued payment obligations;
Contributions;
Feedback;
warranties and disclaimers;
limitation of liability;
indemnity;
remedies; and
provisions that by their nature are intended to survive.

Trade-secret confidentiality obligations survive for so long as the information remains a trade secret.

38. WARRANTIES

Primordio warrants only that it has authority to enter into this Agreement and grant the express rights stated herein.

EXCEPT FOR AN EXPRESS WARRANTY IN A SEPARATE SIGNED AGREEMENT, THE SDK MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRIMORDIO DISCLAIMS ALL OTHER EXPRESS, IMPLIED, AND STATUTORY WARRANTIES INCLUDING:

MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
TITLE;
NON-INFRINGEMENT;
ACCURACY;
SECURITY;
RELIABILITY;
COMPATIBILITY; AND
ERROR-FREE OPERATION.

PRIMORDIO DOES NOT WARRANT THAT THE SDK MATERIALS WILL REMAIN COMPATIBLE WITH THIRD-PARTY SOFTWARE OR FUTURE VERSIONS OF OPERATING SYSTEMS, DEVELOPMENT TOOLS, OR DEPENDENCIES.

39. LICENSEE INDEMNITY

To the maximum extent permitted by law, Licensee shall defend, indemnify, and hold harmless Primordio and its members, managers, officers, employees, affiliates, contractors, and agents from third-party claims, damages, liabilities, losses, judgments, penalties, and reasonable attorneys’ fees arising from:

Licensee’s Authorized Integration;
Licensee’s distribution of software incorporating Redistributable Components;
Licensee’s unauthorized use or disclosure of SDK Materials;
Licensee’s violation of third-party rights;
unlawful or unauthorized access performed using Licensee software;
Licensee’s breach of this Agreement; or
Licensee’s intentional or negligent misuse of Primordio Confidential Information.

The parties may modify indemnification obligations in an applicable enterprise order form or master services agreement.

40. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRIMORDIO WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR FOR:

LOST PROFITS;
LOST REVENUE;
LOST DATA;
BUSINESS INTERRUPTION;
LOST OPPORTUNITY;
LOSS OF GOODWILL;
SECURITY INCIDENTS;
COST OF SUBSTITUTE TECHNOLOGY; OR
FAILURE OF AN AUTHORIZED INTEGRATION,

EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNLESS A SEPARATE SIGNED AGREEMENT PROVIDES OTHERWISE, PRIMORDIO’S AGGREGATE LIABILITY ARISING FROM THIS AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE BY LICENSEE FOR THE APPLICABLE SDK DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing excludes liability that applicable law does not permit to be excluded.

41. EQUITABLE RELIEF

Licensee acknowledges that unauthorized disclosure or use of source code, trade secrets, or other Confidential Information may cause harm for which monetary damages may be inadequate.

Primordio may seek injunctive or other equitable relief, subject to applicable law and procedural requirements, in addition to other available remedies.

No provision of this Agreement guarantees that a particular remedy will be awarded.

42. EXPORT AND SANCTIONS

Licensee shall comply with applicable export-control, trade-sanctions, and import laws relating to the SDK Materials.

Licensee shall not provide SDK Materials to prohibited persons, entities, or jurisdictions where such provision would violate applicable law.

43. ASSIGNMENT AND CHANGE OF CONTROL

Licensee may not assign or transfer this Agreement or repository access without Primordio’s prior written consent.

A purported unauthorized assignment is void to the extent permitted by law.

Primordio may assign this Agreement in connection with a merger, reorganization, financing, acquisition, or sale of relevant assets.

Where Licensee undergoes a change of control resulting in control by a direct competitor of Primordio, Primordio may review continued source-code access and, where reasonably necessary to protect Confidential Information or trade secrets, suspend or condition future source access.

44. NO WAIVER OF INTELLECTUAL-PROPERTY RIGHTS

Contractual rights under this Agreement supplement rather than replace rights Primordio may possess under:

copyright law;
patent law;
trade-secret law;
trademark law;
unfair-competition law;
contract law; and
other applicable law.

Nothing in this Agreement expands the scope of a statutory intellectual-property right beyond what applicable law provides.

45. MANDATORY-LAW SAVINGS CLAUSE

Nothing in this Agreement prohibits activity that applicable law expressly permits and does not permit the parties to restrict by contract.

Where Licensee possesses a mandatory legal right to conduct interoperability analysis, security research, decompilation, reverse engineering, or another restricted activity notwithstanding this Agreement, Licensee may exercise that right solely to the minimum extent required by applicable law and subject to all lawful limitations on that right.

46. GOVERNING LAW

Unless a separate written agreement expressly provides otherwise, this Agreement is governed by the laws of the State of Delaware without regard to conflict-of-law principles.

If Licensee has entered into a Primordio master services agreement or other negotiated agreement containing dispute-resolution terms, those terms control.

47. ORDER OF PRECEDENCE

If the parties execute an order form, enterprise agreement, master services agreement, or other written agreement that expressly modifies this Agreement, that signed agreement controls to the extent of the specific conflict.

An informal email, support communication, repository comment, pull request, or oral representation does not modify this Agreement unless made by an authorized Primordio representative with authority to modify contractual rights.

48. AMENDMENTS

Primordio may update this Agreement prospectively.

A material change to existing licensed rights will be communicated as required by applicable law and may require affirmative acceptance.

49. SEVERABILITY; NO WAIVER

If a provision is unenforceable, it will be enforced to the maximum lawful extent, and the remaining provisions remain effective.

Failure to enforce a provision does not waive the right to enforce it later.

50. ENTIRE AGREEMENT

This Agreement and applicable order forms and written agreements constitute the agreement governing the SDK Materials.

Licensee acknowledges that repository access is provided specifically in reliance upon Licensee’s confidentiality, restricted-use, and security obligations.

REPOSITORY NOTICE

CONFIDENTIAL AND PROPRIETARY — PRIMORDIO LLC

Access to this repository is restricted to persons expressly authorized by Primordio LLC or an authorized Primordio licensee.

The contents of this repository include proprietary and confidential software and may include trade secrets.

Access does not transfer ownership or grant rights beyond the applicable written license.

Unauthorized copying, distribution, disclosure, publication, mirroring, competitive use, source-code extraction, AI/ML ingestion inconsistent with the applicable license, or use outside the permitted scope is prohibited.

Certain technology contained herein may be protected by pending or issued patent applications.

RECOMMENDED SOURCE-FILE HEADER

This source code and related materials are proprietary to Primordio LLC and are made available solely under the applicable Primordio license agreement.

Unauthorized copying, disclosure, distribution, publication, competitive use, or use outside the authorized license scope is prohibited.

Trade-secret and confidential information contained herein must be protected in accordance with the applicable Primordio license.