UP-SCALE SOFTWARE LICENCE Version 1.0 of 4 November 2026 ============================================================================== 1. WHO GRANTS THIS LICENCE ============================================================================== 1.1 The UP-SCALE software is owned by Johann Anderson ("the Owner"), who holds all copyrights and all other rights in the UP-SCALE software personally. 1.2 The licences are granted and sold, with the authorisation of the Owner, by FARM 23 SL, Calle La Morada, Num. 2, Puerta 2, 38650 Los Cristianos, Santa Cruz de Tenerife, Spain, NIF B76609064, e-mail joan@farm23.es ("the Licensor"). Your contract is with the Licensor. 1.3 Where this licence protects the rights in the Software (sections 4, 6 and 7), it protects the Owner as well as the Licensor, and both may enforce them. Where it limits warranty and liability (sections 9 to 13), the limits protect both. 1.4 The Owner may at any time transfer the rights in the Software to another person or company, or let another person or company grant and sell the licences in place of the Licensor named in 1.2 (or do it himself). Licences granted before stay valid as they were granted; the new owner or licensor takes over the duties towards you. We tell you about such a change on up-scales.com or by e-mail. ============================================================================== 2. WHAT THIS LICENCE COVERS ============================================================================== "The Software" means: a) the UP-SCALE firmware for every device (UP-SCALE 420, 710, 232, DIY, the RS-232 adapters and every other variant), in every form (source code, binary files, the files of the update page) and every version; b) the UP-SCALE app (the web app on up-scales.com, the offline app upscale-420-710.html and every other form of it); c) the licence keys, the documentation, the manuals, the texts, pictures and designs that come with it; d) all updates, upgrades and new versions of a) to c). The parts of other authors that the Software contains are listed in third-party-notices.txt. They are not covered by this licence, see section 8. ============================================================================== 3. WHAT YOU MAY DO ============================================================================== 3.1 The Licensor grants you a simple (non-exclusive) right to use the Software under the conditions of this licence. The right cannot be transferred and you cannot grant it to others, except as section 6 allows. 3.2 FREE VERSION: you may install the firmware on your own devices and use the free functions of the firmware and the app, for private and for business use. 3.3 PRO AND ENTERPRISE: with a licence key you may use the paid functions on the one board (its Device ID) the key was made for, for the time you paid for (a month, a year or lifetime). A key cannot be moved to another board. If the board breaks, the Licensor moves the licence to a replacement board on request. 3.4 You may make the copies that are needed for this use: installing the firmware, loading or saving the app on your devices, and backup copies. 3.5 You may keep, use and export all data and records you create with the Software without any limit. They belong to you. ============================================================================== 4. WHAT YOU MAY NOT DO ============================================================================== Unless the Licensor allows it in writing, or a law allows it without such a permission (section 5), you may not: a) copy, distribute, publish, rent, lend, sell or give the Software or parts of it to others, or make it available to others in any other way; b) change, translate or adapt the Software, or make other works based on it; c) take parts of the Software (code, designs, texts, protocols, the app or parts of it) and use them in your own products, software or services; d) decompile, disassemble or reverse engineer the Software, or try to get its source code in any other way; e) get around, remove or change the licence check, the licence keys or other protections of the Software, or make or share keys or tools for that; f) remove or change copyright notices, product names or licence notes; g) sell, offer or install the Software or devices with the Software for others as a business (resale, installation service, integration), see section 6. ============================================================================== 5. RIGHTS THE LAW GIVES YOU ============================================================================== This licence does not limit the rights that a law gives you and that cannot be excluded by contract - in the European Union in particular the rights of Articles 5(2), 5(3) and 6 of Directive 2009/24/EC: making a backup copy, observing and testing how the Software works, and decompiling it as far as this is needed to make another program work together with it (interoperability) under the conditions of that article. Fixing errors is done by the Licensor: please report them, the Licensor fixes them in updates. ============================================================================== 6. RESELLERS, PARTNERS AND EXCLUSIVE LICENCES ============================================================================== 6.1 Selling the Software, licence keys or devices with the Software to others, installing it for others as a business, or using it in your own products needs a separate written agreement with the Licensor or the Owner (reseller, partner, OEM or distribution agreement). 6.2 Such an agreement can grant exclusive rights (for example for a region, a branch or a product). Only a written agreement signed by the Owner (or by the Licensor with the Owner's written consent) grants exclusive rights; this licence never does. 6.3 Where such an agreement exists, it applies in addition to this licence and takes precedence where it says something different. ============================================================================== 7. OWNERSHIP ============================================================================== You buy a right to use the Software (a licence), not the Software itself. The Software, all copies, all rights in it (copyright, rights in designs, know-how, the names "UP-SCALE" and "UP↑SCALE") and all improvements remain the property of the Owner. All rights that this licence does not grant expressly are reserved. ============================================================================== 8. PARTS OF OTHER AUTHORS ============================================================================== The Software contains parts of other authors (for example ESP-IDF, FreeRTOS, NimBLE, Mbed TLS, jsPDF). They are used under their own licences (mostly Apache 2.0, MIT and BSD), listed with their texts in third-party-notices.txt (https://up-scales.com/legal/third-party-notices.txt). For these parts, their own licences apply, and nothing in this licence limits your rights under them. ============================================================================== 9. WHAT THE SOFTWARE IS NOT ============================================================================== 9.1 NOT CERTIFIED, NOT APPROVED, NOT VERIFIED. Neither the Software nor any device with the Software is certified, approved, type-approved, verified, validated, calibrated or tested by any authority, notified body, metrology office, test laboratory or standards body, unless the Licensor has confirmed this for a specific product in writing. Where the Software, its documentation or the website names a law, standard or guideline (for example OIML R 76, EU 2014/31/EU, NIST Handbook 44 / 133, 21 CFR Part 11, EU GMP Annex 11, ISO 17025, USP <41>, GDPR), this describes a function or helps you with your own work; it is NO statement that the Software, your device, your process or your records meet these requirements. 9.2 NOT LEGAL FOR TRADE. The Software and the app are no verified (legal-for-trade) weighing instrument, display, printer or memory. Where weights must be verified (for example selling by weight, prepackages, fees by weight), only the verified scale and its verified display, printer or memory count. 9.3 NOT A MEDICAL DEVICE (for example under EU Regulation 2017/745 or the rules of the FDA): it is not made for the diagnosis, treatment or monitoring of people or animals. Where you use it to weigh or prepare medicines, compounded products, cannabis, food or other substances where a wrong amount can harm somebody, it is only a tool: you must check every result that matters with your own validated methods and checks (section 10), and the Software never replaces them or the responsible person. 9.4 NOT FOR SAFETY-CRITICAL USE: not for controlling machines, vehicles, aircraft, weapons, nuclear plants, life support or any use where a fault of the Software can cause death, injury, a fire, an explosion, or damage to the environment. 9.5 NO LEGAL, TAX OR REGULATORY ADVICE. Functions for records, audit trails, seals, signatures, reports, licences, clubs, sales or inventories, and all texts of the documentation, help you; they do not tell you what the law demands from you, and they do not replace an expert. The audit, record and seal functions make changes visible (tamper-evidence); they do not make records approved for a regulated use by themselves. 9.6 NO SECURITY GUARANTEE. The Software uses standard encryption, but no software is free of weaknesses. The Licensor does not promise that the Software cannot be attacked, read out, copied or changed. 9.7 NOT A REPLACEMENT FOR A BACKUP. Data on a device or in a browser can be lost (deleted browser data, a broken or lost device, an update, a fault). ============================================================================== 10. YOUR RESPONSIBILITY ============================================================================== You decide whether the Software is suitable for your use, and you are responsible for how you use it. In particular you must: a) check the weights and results that matter (with test weights, a reference scale, a second method) before you rely on them, and calibrate and check your scales as their makers and the law demand; b) make regular backups of your data and records (export them), and keep the records that a law demands from you in the form the law demands; c) follow the laws and rules that apply to you (weights and measures, trade, food, cannabis, medicines, data protection, tax, export, radio equipment) - for example: when you store personal data (names of members, customers, users) with the Software, you are the controller under the GDPR; d) use the Software only on suitable hardware, follow the documentation, install updates only as described, and keep passwords, licence keys and devices safe; e) not use the Software where section 9 says it is not made for. ============================================================================== 11. NO WARRANTY ============================================================================== 11.1 AS FAR AS THE APPLICABLE LAW ALLOWS, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS, WITHOUT ANY WARRANTY OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AVAILABILITY, COMPATIBILITY, SECURITY AND NON-INFRINGEMENT. THE LICENSOR DOES NOT PROMISE THAT THE SOFTWARE WORKS WITHOUT INTERRUPTION OR ERRORS, THAT ERRORS WILL BE FIXED, THAT IT WORKS WITH YOUR HARDWARE, YOUR SCALE, YOUR BROWSER OR YOUR OPERATING SYSTEM, OR THAT ITS RESULTS ARE CORRECT OR COMPLETE. 11.2 Descriptions of the Software (website, documentation, app texts) describe it; they are no guarantee of a quality or a durability, unless the Licensor calls a statement a "guarantee" in writing. 11.3 Free versions, trial periods, test or preview functions and the free installation tools come without any warranty at all, as far as the law allows. 11.4 Third-party hardware (boards, scales, adapters, phones, computers) and services are not the Licensor's responsibility. 11.5 CONSUMERS: if you are a consumer, the legal rights you have in your country (for example the legal guarantee for digital content and digital services under the laws based on EU Directive 2019/770) stay as they are; this section does not limit them. ============================================================================== 12. LIMITATION OF LIABILITY ============================================================================== 12.1 AS FAR AS THE APPLICABLE LAW ALLOWS, THE LICENSOR IS NOT LIABLE FOR ANY DAMAGE OR LOSS ARISING FROM OR IN CONNECTION WITH THE SOFTWARE, ITS USE OR THE IMPOSSIBILITY TO USE IT, NO MATTER WHETHER THE SOFTWARE WAS USED CORRECTLY OR NOT, AND NO MATTER ON WHICH LEGAL GROUND (CONTRACT, TORT, NEGLIGENCE OR ANY OTHER), IN PARTICULAR NOT FOR: a) lost, wrong or damaged data and records, and the cost of getting them back; b) wrong weights, counts, prices, doses, recipes, reports or other results; c) production problems, downtime, waste, spoiled goods, rework, recalls; d) lost profit, lost turnover, lost savings, lost business, lost customers, damage to reputation; e) fines, penalties, back taxes, claims of your customers, members or authorities, or the cost of inspections and audits; f) indirect, incidental, special, consequential or punitive damages; g) damage caused by updates, by an interrupted update, or by devices that no longer start after an update; h) damage caused by third-party hardware, software, networks or services; EVEN IF THE LICENSOR WAS TOLD THAT SUCH DAMAGE COULD HAPPEN. 12.2 Where the law does not allow the exclusion of section 12.1 but allows a limit, the whole liability of the Licensor for all claims together is limited to the amount you paid for the licence in the 12 months before the event that caused the damage (for a free licence: 0 EUR). 12.3 WHAT IS NOT LIMITED: sections 12.1 and 12.2 do not limit the liability of the Licensor (a) for intent and gross negligence, (b) for injury to life, body or health, (c) under a guarantee the Licensor gave in writing, (d) for a defect the Licensor concealed fraudulently, (e) under product liability laws, and (f) where any other mandatory law does not allow a limit. For slight negligence in the breach of an essential duty (a duty whose fulfilment makes the use of the Software possible at all and on which you may rely), the Licensor is liable only for the damage that was typical and foreseeable when the licence was granted, within the limit of section 12.2 where the law allows it. 12.4 YOUR DUTY TO LIMIT DAMAGE: the Licensor is not liable for damage that you could have avoided by following section 10 (in particular by checking results and making backups). 12.5 These limits also protect the helpers, partners and resellers of the Licensor. 12.6 For business customers, claims against the Licensor expire one year after you knew or should have known of them, except in the cases of section 12.3. ============================================================================== 13. INDEMNITY (BUSINESS CUSTOMERS) ============================================================================== If you use the Software as a business and somebody (your customers, members, employees, an authority) makes a claim against the Licensor because of your use of the Software - in particular a use against sections 4, 9 or 10, or against a law - you hold the Licensor harmless from this claim and pay the reasonable cost of the defence, unless you are not responsible for the cause. ============================================================================== 14. SUPPORT, UPDATES AND CHANGES ============================================================================== 14.1 Support is given voluntarily (by e-mail), without a promised reaction time, unless a separate written agreement says otherwise. 14.2 The Licensor may offer updates. This licence applies to them, unless a new version of this licence comes with the update. The Licensor is not obliged to offer updates beyond what the law requires for digital products, and may change, add or remove functions in new versions. Paid functions that you have a valid licence for are not removed from a version you already have. 14.3 The Licensor may change this licence for future versions and future orders. For an order, the version you accepted with it applies. 14.4 Delays or failures caused by events outside the Licensor's control (force majeure: for example illness, natural disasters, war, strikes, failures of the internet, of payment or mail services, or of suppliers) are no breach. ============================================================================== 15. END OF THE LICENCE ============================================================================== The licence ends at once, without notice, if you break section 4 or section 6.1. A licence for a time (month, year) ends at the end of the time paid. When the licence ends, the paid functions stop; your data and records stay yours. Sections 4, 7, 9 to 13 and 16 stay valid after the end. ============================================================================== 16. LAW, COURT, OTHER ============================================================================== 16.1 Spanish law applies, without the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, the mandatory consumer protection of the country where you live still applies. 16.2 For business customers, the courts of Santa Cruz de Tenerife (Spain) have exclusive jurisdiction. 16.3 This licence (with a written agreement under section 6, if any) is the whole agreement about the Software; no other promises were made. Your own terms of business do not apply. Changes and additions need the text form (e-mail is enough). 16.4 The Licensor may transfer this licence agreement and its rights to another person or company (for example a company of the Licensor or a buyer of the business); you may not, except as section 6 allows. 16.5 You must follow the export control laws that apply to the Software (it contains encryption). 16.6 If one part of this licence is not valid or cannot be enforced, the rest stays valid, and the invalid part is replaced by the valid rule that comes closest to what the parties wanted. A rule that limits liability or warranty applies in the widest form the law allows. 16.7 The English text of this licence is the one that counts. ============================================================================== 17. YOUR AGREEMENT ============================================================================== When you order a licence, you accept this licence by ticking the box in the order form. Every order confirmation comes with this text as the file up-scale-software-licence.txt. When you use the Software without an order (the free version), you accept this licence by installing or using it. If you do not accept it, do not install or use the Software. The current version is always at https://up-scales.com/legal/up-scale-software-licence.txt Copyright (c) 2024-2026 Johann Anderson. All rights reserved.