Licence agreement and limitation of liability

The terms on which the ELX programs — the MQTT broker and the MQTT client — are provided. This is a licence agreement between you and the author. The programs are distributed free of charge; by starting to download, install or use any of them you accede to these terms (clause 5 of Article 1286 of the Civil Code of the Russian Federation). If you do not agree, do not download, install or use the programs.

Revision of 21 July 2026

Legal nature and free of charge

This agreement applies to every program distributed on this site — in particular ELX-MQTT Broker and ELX MQTT Client (the "programs"), in all their builds and versions, for any operating system. The programs are protected as computer programs; the rightholder (the "author") grants you a simple (non-exclusive), royalty-free licence to use the programs for their intended purpose on the terms of this agreement.

The programs are provided free of charge: there is no fee and no licence key is required. Because the agreement is gratuitous, the relationship does not fall under the Russian Law on Consumer Rights Protection, which applies only to paid contracts.

Starting to download, install, run or otherwise use any of the programs constitutes your agreement to these terms (acceptance under clause 5 of Article 1286 of the Civil Code). If you do not agree, do not download, install or use the programs.

No hidden functions or data collection

Plainly and separately: the author states and confirms that the programs contain no malicious, hidden or undocumented functionality. In particular, they contain none of the following:

  • planted code, backdoors or any undocumented functions;
  • collection, accumulation or transmission anywhere of your data, files, passwords, keys or information about your computer — there is no telemetry or analytics at all;
  • hidden network connections: a program connects only to the brokers and servers whose addresses you enter yourself, and nowhere else;
  • any remote-access, remote-control or silent-update mechanism through which the author or third parties could enter your system;
  • any function specifically intended for attacks on other hosts, for unauthorised access or for similar actions.

The programs do not "phone home" and require no connection to the author or the author's servers: to work they need only the connection to the broker that you configure. In themselves the programs are not linked to the author or to any external party.

This is a statement about the contents of the programs, not a warranty of invulnerability. Like any networked software, the broker and the client run inside your network and listen on ports for their intended purpose; protecting the perimeter — TLS, access control, a firewall, timely updates — remains on your side (see "Your responsibility and risks").

User rights

You retain the rights the law grants to any lawful user of a computer program (Article 1280 of the Civil Code): to make changes needed for the program to run on your hardware, to correct obvious errors, and to make a backup copy. This agreement does not restrict those rights.

Disclaimer of warranty

The programs are provided "as is" and "as available", with all faults and without warranty of any kind, whether express or implied. In particular, the author does not warrant that the programs:

  • operate without errors, failures or interruptions;
  • are fit for your specific tasks, purposes or expectations;
  • are compatible with your hardware, operating system or other software;
  • will preserve the integrity, availability or safety of any data;
  • meet any requirement of security, reliability or performance.

You assume the risk relating to the quality and operation of the programs and to the results of their use. Should a program prove defective, you bear the cost of any servicing, repair or correction.

Limitation of liability

To the maximum extent permitted by the law of the Russian Federation, the author bears no liability for any loss or damage arising directly or indirectly from the use of, or the inability to use, the programs, including for:

  • loss, corruption or alteration of data and settings;
  • downtime, malfunction or failure of equipment, servers, devices or the network;
  • lost profit, lost revenue, lost contracts or damage to business reputation;
  • any actual damage and lost profit within the meaning of Article 15 of the Civil Code, direct or indirect;
  • interruption of production, smart-home, telemetry, automation or any other systems;
  • claims, demands or actions brought by third parties.

The limitation applies regardless of whether the author was advised of the possibility of such damage and regardless of the legal basis of the claim — contract, tort or otherwise. The program is transferred free of charge and "as is", and by accepting these terms you accept its defects: the mere presence of a bug or defect does not create any liability of the author.

This limitation does not apply where excluding or limiting liability is prohibited by law — in particular to liability for an intentional breach (clause 4 of Article 401 of the Civil Code) and to compensation for harm to a person's life or health. Within those bounds liability is determined by law.

Your responsibility and risks

You use the programs at your own risk and on your own responsibility. It is your duty, in particular, to:

  • test a program on a non-critical setup before relying on it in a production or critical system;
  • keep regular backups of your data and settings and be able to restore them;
  • provide security, access control and network protection on your side;
  • make sure that using the programs is permitted under the laws and rules of your country, industry and organisation;
  • assess for yourself whether a program is fit for your task before you rely on it.

The programs are not intended for use in systems where a failure could cause harm to a person's life or health, an accident, environmental harm or major property damage. Any such use is entirely at your discretion and on your responsibility.

Governing law and disputes

This agreement and the use of the programs are governed by the law of the Russian Federation. Disputes not settled through negotiation are resolved in accordance with the law of the Russian Federation at the author's place of residence.

Changes to these terms

The author may change these terms. The version that applies is the one published on this page at the moment you download or use a program. By continuing to use the programs you accept the updated terms.

Questions about these terms can be sent to serjaru@gmail.com.

Back to home