End User License Agreement

Software: BiggSky (BiggSky Imaging)
Licensor: KB Imaging Solutions LLC
Website: biggsky.com
Support Email: support@biggsky.com
Version 2.1 - effective October 30, 2026

IMPORTANT - READ CAREFULLY: This End User License Agreement ("Agreement") is a binding legal contract between you (either an individual or a single legal entity, "You" or "Licensee") and KB Imaging Solutions LLC ("Licensor") regarding your use of the BiggSky software application, its associated databases, components, and any cryptographic license tokens provided to you (collectively, the "Software").

By installing, copying, activating, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install, activate, or use the Software.

1. License Grant & Tiers

KB Imaging Solutions LLC grants You a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software, subject to the licensing tiers and device limitations outlined below:

A. Demo (Trial) License

• Permitted Use: For evaluation, personal, hobbyist, educational, or non-critical scientific use.
• Device Limitation: You may install and activate the Software on a maximum of three (3) unique physical computing devices owned or controlled by you, active at any one time.
• Trial Period: The license is valid only for the specified trial evaluation period (30 days). The period begins when the license key is first validated on an installed copy, not when it is issued. Any attempt to reset, replicate, or prolong the trial period on alternative hardware or under a different registration email constitutes a material breach of this Agreement and terminates your license automatically.

B. Paid Licenses (Perpetual or Annual Subscription)

• Permitted Use: For personal, hobbyist, educational, non-critical scientific research, and Non-Commercial Use as defined in Section 1C. Commercial Use above the threshold in Section 1C requires a Commercial License.
• Device Limitation: You may install and activate the Software on a maximum of five (5) unique physical computing devices, active at any one time. Activations are concurrent rather than cumulative: releasing a device frees its seat for another. To release a device, press Deactivate on the License tab on that device, or use biggsky.com/activate/seats.html from any browser. If you require more than five concurrent devices, you must purchase additional seats or a license upgrade from the Licensor.
• License Transfer: Paid licenses are tied to your registered email and may not be rented, leased, sold, shared, or transferred to any third party.

C. Non-Commercial Use, and the Commercial Threshold

"Non-Commercial Use" means use for which Your gross revenue attributable to the Software is less than fifty thousand United States dollars (US $50,000) in any rolling twelve (12) month period.

Revenue attributable to the Software includes: the sale of prints, files, or digital copies of images processed with the Software; the licensing of such images; commissioned or paid processing performed using the Software; paid instruction or training in the use of the Software; and advertising or sponsorship revenue derived from content featuring such images.

Revenue that has nothing to do with the Software is not counted. Your salary, an unrelated business, and income from images that were never processed with the Software all fall outside this calculation. The test is what the Software helped You earn, not what You earn.

Selling prints, accepting commissions, and being paid for images processed with the Software are therefore permitted under an ordinary paid license, provided the total remains below the threshold above.

If You exceed the threshold, You require a Commercial License. Contact support@biggsky.com and we will arrange one. The Licensor will not revoke a license for crossing the threshold while that arrangement is being made in good faith.

2. License Verification & Security Audits

To prevent unauthorized duplication and software piracy, the Software utilizes an automated online licensing and validation pipeline.

• Hardware Fingerprinting: Upon activation and validation, the Software collects, hashes, and transmits hardware identifiers to the Licensor's servers. This includes your operating system type, media access control (MAC) address hash, basic input/output system (BIOS) hash, and a unique software instance identifier. By activating the Software, you consent to the collection and transmission of these identifiers. What is stored, and for how long, is described in the Application Privacy Policy at biggsky.com/app-privacy.html.
• Online Validation Requirements ("Phone-Home"): The Software periodically validates your license status against the Licensor's database when it can reach the internet. If it cannot reach the verification servers, it runs on the local cryptographic validation token. A perpetual license can remain offline for as long as the version of the Software does not change. An annual or trial license can remain offline until the expiry date in its token, after which access to the Software is restricted until the license is validated again. A new version of the Software must be validated once, online or through offline activation. Offline activation is available for machines that are never connected.
• Diagnostic Uploads: The Software does not transmit your images or project contents on its own initiative. If an internal error occurs, closing the Software offers to send an error report containing exceptions only, with file paths removed; it is sent only if you accept. The File menu additionally provides Upload Logs to Cloud and Upload Images to Cloud, which send only the files you select, and only when you choose them. What is retained, and for how long, is described in the Application Privacy Policy at biggsky.com/app-privacy.html.
• Bypassing Security Controls: Any attempt to spoof, block, emulate, patch, intercept, modify, or otherwise circumvent the cryptographic validation tokens, server handshakes, or hardware verification checks is strictly prohibited. Such actions will result in the immediate and permanent revocation of your license.

3. License Revocation & Payment Policy

Your right to use the Software is contingent upon successful, uninterrupted payment.

• Payment Failures: If your annual subscription payment fails to process, your license will enter a grace period. If payment is not successfully collected during this dunning window, the validation servers will automatically invalidate your licensing token, restricting further use of the Software.
• Refunds: You may request a full refund within fourteen (14) days of purchase, for any reason and without explanation. If you request and receive a refund (partial or full) for any Software license, your license is terminated when the refund is issued, your cryptographic activation token is invalidated, and you must cease all use of the Software.
• Disputes and Chargebacks: In the event of a payment dispute, bank-initiated chargeback, or claim of unauthorized transaction filed with your financial institution, KB Imaging Solutions LLC reserves the right to suspend or permanently revoke your Software license immediately and without prior notice.
• Anti-Reinstatement: If a license is deactivated due to a chargeback, the Licensee will be barred from registering new licenses or utilizing BiggSky Imaging services unless the disputed funds, plus any associated dispute fees incurred by the Licensor, are repaid in full. This does not apply where the dispute arose from card fraud, bank error, or any other cause not attributable to the Licensee. In those cases, contact support@biggsky.com and the license will be restored without charge.

4. Restrictions

You agree that you will not, and will not permit any third party to:

• Use the Software for Commercial Use exceeding the threshold defined in Section 1C without a valid Commercial License;
• Use the Software for clinical, diagnostic, or medical purposes of any kind (see Section 9);
• Use the Software as part of a service bureau, time-sharing, or shared-access arrangement without the Licensor's prior written consent;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software, except as expressly permitted by applicable law;
• Modify, adapt, translate, or create derivative works based on the Software;
• Artificial Intelligence/Machine Learning Exclusion: Use the Software, its processing algorithms, visual outputs, or raw data to train, validate, or optimize any machine learning model, artificial intelligence system, or computer vision system, including generative models and convolutional neural networks, except as permitted below for images You captured; or to develop a product that competes with the Software;
• Distribute, lease, license, sell, or otherwise transfer the Software, its license keys, or validation tokens to any other individual or entity without the express prior written consent of KB Imaging Solutions LLC.

Nothing in the restriction above prevents You from evaluating, measuring, benchmarking, or publicly reviewing the Software, including comparing it against other software and publishing the results. Honest comparison is welcome.

You may train, validate, or optimize a model using images You captured and processed with the Software. This permission does not cover image catalogs, archives, or datasets that You download, scrape, or otherwise collect from other sources, and You may not process such collections with the Software in order to train any model. It also does not permit developing a product that competes with the Software.

Apart from the limit on training above, nothing in this Section restricts your rights in your own images. Images and files you produce with the Software are yours, in open formats, and remain yours regardless of the state of your license.

5. Ownership & Feedback

The Software is licensed, not sold. All right, title, and interest in and to the Software - including all intellectual property rights, trademarks, source code, visual design, and proprietary verification protocols - remain exclusively with KB Imaging Solutions LLC.

Feedback: If You send the Licensor suggestions, feature requests, bug reports, or other feedback about the Software, the Licensor may use that feedback without restriction, without compensation, and without obligation to You. The Licensor is not required to act on it or to treat it as confidential. This applies to the feedback itself only. Any images, data, or files You send alongside a report remain Yours and are handled as described in the Application Privacy Policy at biggsky.com/app-privacy.html.

6. Third-Party Components

The Software includes, requires, or is distributed with components licensed by third parties. Those components remain the property of their respective owners, and nothing in this Agreement grants You any right in them beyond the right to use them as part of the Software.

• MATLAB Runtime, distributed by The MathWorks, Inc., is required in order to run the Software. It is installed alongside the Software on Windows and macOS, and installed by You on Linux. Your use of the MATLAB Runtime is governed by the license terms that accompany it, and not by this Agreement.
• GPU acceleration on Windows uses components supplied by NVIDIA Corporation, governed by NVIDIA's own license terms.
• Camera raw file support uses LibRaw, Copyright (C) 2008-2021 LibRaw LLC. LibRaw is licensed to You under the Common Development and Distribution License (CDDL) Version 1.0, not under this Agreement. Its notices, the CDDL, and how to obtain LibRaw's source code are in the LIBRAW_NOTICES.txt file installed with the Software.
• XISF file support uses zlib, Copyright (C) 1995-2022 Jean-loup Gailly and Mark Adler, and LZ4, Copyright (C) 2011-present Yann Collet. They are licensed to You under the zlib license and the BSD 2-Clause License respectively, not under this Agreement. Their notices are in the THIRD_PARTY_NOTICES.txt file installed with the Software.

The Licensor makes no warranty in respect of third-party components, and the disclaimers and liability limits in Sections 11 and 12 apply to them in full. Nothing in this Agreement limits any rights You have under the license of an open-source component.

7. Updates, Upgrades and Support

• Included updates: While Your license is valid, updates within the version series You purchased are provided at no additional charge. While the Software remains in public beta (version 0.x), all updates are included.
• Paid upgrades: A future major version may be offered as a paid upgrade. If it is, Your existing license continues to operate with the version series it covers. Nothing You already have is switched off.
• Changes between releases: The Licensor may add, change, or remove features between releases and is not obliged to maintain any particular feature indefinitely. Features described as beta, preview, or experimental may change or be withdrawn without notice.
• Support: Support is provided by email on a reasonable-efforts basis. No particular response time is promised, and the availability of support is not a condition of the license.

8. Your Files, and Backups

Images, projects, and exported files You create with the Software are Yours. They are written in open formats and remain readable whether or not Your license is current.

You are responsible for backing up Your own work. The Software does not modify Your original captures, but no software under active development should be the only place Your work exists. The Licensor is not liable for loss of data; see Section 12.

9. No Diagnostic or Medical Use

THE SOFTWARE IS NOT APPROVED BY THE FDA OR ANY ACCREDITED MEDICAL DEVICE REGULATORY BODY FOR CLINICAL, MEDICAL, OR DIAGNOSTIC USE.

You explicitly acknowledge that the Software is provided for personal, hobbyist, educational, and non-critical scientific research use. Any results, calculations, 3D visualizations, or measurements provided by the Software must not be relied upon for medical diagnosis, treatment decisions, patient care, or critical scientific research where system failure could cause injury or loss of life.

10. Termination

This License is effective until terminated. Your rights under this License will terminate automatically without notice if you fail to comply with any term(s) of this Agreement, or if a payment for your license is disputed or refunded. Upon termination, you must immediately cease all use of the Software, delete the application from all devices, and destroy all cryptographic validation files or license keys in your possession.

When a trial or subscription simply lapses or is canceled, rather than being terminated for breach, the Software enters Free mode: images and projects you have already processed can still be opened, viewed, and exported, and the premium processing operations require a current license.

11. Disclaimer of Warranty

THE SOFTWARE IS PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND. KB IMAGING SOLUTIONS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED, SECURELY, OR ERROR-FREE.

The Software is currently in public beta. Releases are frequent and defects are expected.

Nothing in this Section limits any right you have under consumer protection law that cannot lawfully be waived.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KB IMAGING SOLUTIONS LLC, ITS MEMBERS, OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, MEDICAL OR SCIENTIFIC INACCURACIES, SYSTEM DOWNTIME, OR HARDWARE FAILURE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL LICENSOR'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE ACTUAL AMOUNT PAID BY YOU TO KB IMAGING SOLUTIONS LLC FOR THE SOFTWARE LICENSE GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Nothing in this Section excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud.

13. Governing Law & Dispute Resolution

This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, United States, without regard to its conflict of laws principles. Any legal action, suit, or proceeding arising out of or relating to this Agreement shall be instituted exclusively in the state or federal courts located in California, and both parties hereby submit to the personal jurisdiction of such courts.

If you are a consumer, nothing above deprives you of the protection of mandatory laws of the country in which you live, or of the right to bring proceedings in your local courts.

14. General Provisions

• Severability: If any provision of this Agreement is held to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable or, if it cannot be, severed. The remainder of this Agreement continues in full force.
• No Waiver: A failure or delay by the Licensor in enforcing any provision of this Agreement is not a waiver of that provision or of any other. Tolerating a breach on one occasion does not permit it on another.
• Assignment: You may not assign or transfer this Agreement or Your license. The Licensor may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets, on notice to You.
• Survival: Sections 4, 5, 8, 9, 11, 12, 13, and this Section 14 survive termination of this Agreement.
• Export Control: The Software is subject to United States export control law. You represent that You are not located in, and are not a national of or ordinarily resident in, any country subject to a United States embargo, and that You do not appear on any United States government list of prohibited or restricted parties. You will not export or re-export the Software in violation of those laws.
• Capacity: You must be at least 18 years of age, or have the consent of a parent or legal guardian, to accept this Agreement.
• Availability: License validation depends on services the Licensor does not wholly control. The Licensor is not liable for interruption caused by events beyond its reasonable control, including network, hosting, or payment-processor failure. Offline activation is available; see Section 2.
• Notices: Notices to the Licensor should be sent to support@biggsky.com. Notices to You will be sent to the email address registered against Your license.

15. Entire Agreement, Amendments & Contact Information

This Agreement, together with the Terms of Service and the Privacy Policies published at biggsky.com, constitutes the entire agreement between You and KB Imaging Solutions LLC regarding the Software, and supersedes all prior or contemporaneous oral or written communications. In the event of a conflict between this Agreement and those published documents, the document more favorable to You governs.

Amendments: The Licensor may issue revised versions of this Agreement. Each version carries a version number and an effective date at the top of this document, and the current version is published at biggsky.com/eula.html. A revised version applies to Your continued use of the Software from the date the Software presents it to You for acceptance, or thirty (30) days after it is published, whichever is earlier. Revisions do not apply retroactively to conduct that took place under an earlier version. If You do not accept a revised version, You must stop using the Software.

If you have any questions, need to request device registration resets, or wish to contact the Licensor regarding Commercial or volume licensing, please contact us at:

• Website: biggsky.com
• Support & Licensing Email: support@biggsky.com

BY INSTALLING, ACTIVATING, OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS.

See also the Terms of Service and the Privacy Policy.