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Copyright Notice and Proprietary License

Marginalia™ · Copyright © 2024–2026 Patrick A. Mikkelsen. All rights reserved.

Disclaimer. This document is a copyright and licensing notice, not legal advice. For questions about your rights or obligations, consult a qualified lawyer.

1. Ownership

Marginalia (the "Software") — including all source code, object code, executables, application binaries, user interfaces, screens, layouts, designs, look-and-feel, documentation, samples, schemas, data models, algorithms, architecture, configuration files, build scripts, marketing materials, and the name "Marginalia" and any associated logos and trade dress (collectively, the "Work") — is the exclusive intellectual property of Patrick A. Mikkelsen (the "Copyright Holder").

All rights are reserved. No rights, express or implied, are granted to any person, organisation, or entity by virtue of possession, access, viewing, or download of the Work or any portion of it.

2. Prohibited acts

Without the prior, express, written, and signed permission of the Copyright Holder, no person or entity may:

  1. Copy, reproduce, duplicate, mirror, archive, fork, screenshot, transcribe, photograph, OCR, or otherwise create copies of the Work, in whole or in part, in any medium, by any means;
  2. Distribute, publish, transmit, broadcast, host, upload, share, post, lend, rent, lease, sublicense, sell, resell, offer for sale, or transfer the Work, in whole or in part;
  3. Modify, adapt, translate, port, customise, alter, recompile, re-engineer, or create derivative works based on the Work;
  4. Reverse-engineer, decompile, disassemble, decrypt, observe operations to derive the underlying ideas, or otherwise attempt to reconstruct the source code or design, except to the limited extent expressly permitted by applicable law notwithstanding this prohibition (e.g., interoperability under s. 30.61–30.63 of the Copyright Act);
  5. Build a competing product, service, or offering using the Work, any portion of the Work, the ideas embodied in the Work, the architectural decisions, the user interface, the workflow, the data model, or any other aspect of the Work as a reference, template, basis, or inspiration;
  6. Use the Marginalia name, logo, branding, trade dress, or any confusingly similar mark;
  7. Remove, obscure, alter, or replace any copyright notice, proprietary marking, watermark, attribution, license notice, or version identifier embedded in the Work;
  8. Train any machine-learning model, AI system, or large language model on the Work, including by inclusion in a training corpus, fine-tuning dataset, embedding store, or retrieval-augmented generation index;
  9. Circumvent any technological protection measure applied to the Work; or
  10. Permit, encourage, or facilitate any third party to do any of the above.

These prohibitions apply to anyone who comes into possession of the Work, by any means, whether or not they accepted a licence agreement.

3. Permitted use

Use of the Work is permitted only under a separate, signed, written licence agreement (a "Licence Agreement") between the Copyright Holder and the user. Possession of a copy of the Work does not constitute a licence. Default-permissive software-licence assumptions do not apply.

Where a Licence Agreement exists, the rights granted are limited strictly to those expressly stated in that agreement. Anything not expressly granted is reserved.

To request a licence, contact: [email protected].

4. Trademarks

"Marginalia", the Marginalia word mark, and any associated logos, designs, and trade dress are unregistered trademarks of Patrick A. Mikkelsen, with all common-law trademark rights reserved. The Copyright Holder may pursue formal registration in Canada (Canadian Intellectual Property Office) and other jurisdictions.

5. Third-party components

The Work may incorporate or rely on third-party open-source components, each of which is governed by its own licence. The proprietary licence set out in this document applies to all original code authored by or for the Copyright Holder and to the Work taken as a whole, but does not alter the terms under which any open-source component is licensed by its respective copyright holder.

6. Jurisdiction and enforcement

The Work is protected by the Copyright Act (R.S.C., 1985, c. C-42) of Canada, the Berne Convention for the Protection of Literary and Artistic Works, the WIPO Copyright Treaty, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), and other applicable copyright, trademark, trade-secret, and unfair-competition laws in all jurisdictions where protection is available.

Infringement may give rise to civil liability (injunctive relief, damages, accounts of profits, statutory damages, and costs) and, in serious cases, criminal liability. The Copyright Holder's failure to act on any particular infringement does not constitute a waiver of any right.

7. Confidentiality and trade secrets

In addition to copyright protection, certain elements of the Work — including architectural decisions, algorithmic approaches, data-model design, methodology workflows, and unpublished features — constitute confidential information and trade secrets of the Copyright Holder. Duties of confidentiality survive termination of any agreement.

8. No warranty

THE WORK IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

9. Reservation of rights

All rights not expressly granted by a Licence Agreement are reserved by the Copyright Holder. This includes all rights of reproduction, distribution, public performance, public display, communication to the public by telecommunication, making available, adaptation, translation, and derivative-works rights.

10. Notices, contact, and licensing inquiries

All notices, takedown requests, licensing inquiries, and communications should be directed to:

Patrick A. Mikkelsen
[email protected]

For copyright-infringement notices in Canada, the Copyright Holder follows the notice-and-notice regime under the Copyright Act. Infringement notices from other jurisdictions (e.g., DMCA in the United States) will be considered in accordance with applicable law.

11. Severability

If any provision of this notice is held to be unenforceable in any jurisdiction, the remaining provisions shall continue in full force and effect, and the unenforceable provision shall be interpreted (or severed) to give maximum effect to the Copyright Holder's reservation of rights consistent with applicable law.

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