LICENSE

PERSONAL USE LICENSE

This Software License Agreement is between "SmartifyOS" ("Software") and you (either as an
individual, a single corporation, or other single legal entity) ("Licensee").

THIS AGREEMENT CONSTITUTES A LEGAL AGREEMENT
BETWEEN YOU AND US ("LICENSOR"). BY CLICKING ON THE APPLICABLE "I AGREE"
BUTTON, DOWNLOADING, INSTALLING, AND/OR USING THE SOFTWARE (DEFINED
BELOW), YOU (DEFINED BELOW) AGREE TO BE BOUND BY THE TERMS OF THIS
AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST
NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE, AND YOU MUST DELETE OR
RETURN THE UNUSED SOFTWARE.

Definitions

   a. "Software" means the SmartifyOS project and its source code versions, together with
      the updates, new releases or versions, modifications or enhancements; any associated
      documentation, files, or media, owned and provided by us to You pursuant to this
      Agreement.

   b. "You" (or "Your") means an individual or entity using the Software.

   c. "Personal Use" means the use of the Software by an individual solely for personal,
      non-commercial purposes.

   d. "Modification" means any alteration, enhancement, adaptation, or derivation of the
      Software or its source code.

   e. "Distribution" means the act of making the Software or its copies available to others.

   f. "Confidential Information" means information, whether or not in physical form, all oral
      communications, documents and other information, disclosed by a party to the other
      which: (a) is a trade secret or by its nature or circumstances surrounding its disclosure
      is, or could reasonably be expected to be regarded as, confidential to the disclosing
      Party; (b) is marked or otherwise designated "confidential" by the disclosing Party; or (c)
      the disclosing Party informs the receiving Party is confidential or a trade secret;

   g. "Physical Media" means the physical media or hardware containing or enabling
      Software

   h. "Software License" means a license for the Software granted under this Software
      License Agreement to the Licensee.

   i. "License Fees" means all non-refundable fees payable by Licensee to the Licensor with
      respect to the granting of Software Licenses;

   j. "Agreement" shall mean this Software License agreement with regard to the SmartifyOS
      software license.


Ownership of Software

   a. This Agreement does not constitute a sale of the Software. All ownership, intellectual
      property rights, and any other rights and interests in and to the Software remain
      exclusively with the Licensor. The Licensee is granted a limited, non-exclusive,
      non-transferable, and revocable license to use the Software in accordance with the
      terms and conditions of this agreement. The Licensee shall not acquire any ownership
      interest in the Software through this Agreement.

   b. All modifications, derivative works, and any other changes made to the Software by the
      Licensee shall be considered part of the Software and shall remain the exclusive
      property of the Licensor. The Licensee agrees that the Licensor will own all rights, title,
      and interest in and to such modifications, derivative works, and changes.


Grant of License

   a. Upon continuous compliance with the terms and conditions of this Agreement, the
      licensor hereby grants You a non-exclusive, non-transferable, royalty-free license to use,
      modify, and distribute the Software for Personal Use only. The licensee is permitted to
      make donations towards the software by contracting the Licensor.

   b. The Licensee is permitted to utilize GitHub features, including but not limited to pull
      requests, forks, and modifications/customizations, provided that such use is strictly for
      Personal Use. The Licensee agrees that any contributions, modifications, or
      customizations made via including but not limited to GitHub must not be used for
      commercial purposes or distributed beyond the scope of Personal Use.

   c. The Licensee is permitted to use the name "SmartifyOS" in forks and modifications.
      However, this does not grant any trademark rights, and all use of the name must comply
      with the terms of this Agreement.

   d. The licensee is permitted to do the following actions:

      i. The Licensee may submit pull requests to the original repository, but any
         changes incorporated into the Software must remain for Personal Use.

      ii. The Licensee may create forks of the Software repository for personal
         development and experimentation. However, these forks must not be used for
         commercial purposes or shared with others outside of Personal Use.

      iii. The Licensee may modify or customize the Software to better suit personal
         needs, provided such modifications/customizations are not distributed or used
         commercially.

   e. The Licensee is required to ensure that any use of these GitHub features complies with
      the terms of this Agreement and does not infringe upon the proprietary rights of the
      Licensor. The Licensee must also include all original proprietary notices and disclaimers
      in any copies or versions of the Software created or modified using these features.

   f. You may use the Software on any single Computer, unless indicated otherwise; and
      copy the Software for backup and archival purposes, provided any copy must contain all
      of the original Software's proprietary notices and a notice that it will not be used for
      commercial transfer, distribution or sale.

   g. Any copies, modifications, derivative works, or changes of the Software made by the
      Licensee must include this same License in its entirety. The Licensee shall ensure that
      every copy, modification, or derivative of the Software that is distributed, transferred, or
      otherwise made available retains this License, ensuring that all recipients are bound by
      the same terms and conditions.


Authorized copies

   a. Licensee may make as many copies of the Software as necessary for it to use the
      Software as licensed. Each public copy of the Software made by the Licensee must
      expressly mention the original repository and contain the same copyright and other
      notices that appear on the original copy.

   b. Any public fork or modification must include an acknowledgement of the original
      repository.


Restrictions

   a. The Software shall not be utilized for any commercial purposes under any
      circumstances. This includes, but is not limited to, using the Software for financial gain,
      business activities, or any other commercial endeavors.

   b. Any forks, copies, or modifications of the Software that the Licensee creates must be
      used exclusively for Personal Use. These forks, copies, or modifications must retain this
      License in its entirety and must be subject to the same terms and conditions as outlined
      in this Agreement. The Licensee is prohibited from using or distributing any such forks,
      copies, or modifications for commercial purposes or any activities beyond Personal Use.

   c. The Licensee shall not:

      i. assign, transfer, give, distribute, reproduce, transmit, sell, lease, license,
         sublicense, publicly display or perform, redistribute or encumber the Software by
         any means for commercial purposes to any party;

      ii. rent, loan, or use the Software for service bureau or time-sharing purposes, or allow
         third parties to access or exploit the Software.

      iii. use the Software, in whole or in part, to create a competitive offering;

      iv. charge a fee to any party for access to or use of the Software;

      v. use the Software in a manner inconsistent with this Agreement.


Applicable law and jurisdiction

   a. This License shall be governed by and construed in accordance with the laws of
      Germany. Any disputes arising out of or in connection with this License shall be subject
      to the exclusive jurisdiction of the courts in Germany.


No Commercial Use

   a. The Software is licensed solely for Personal Use and may not be incorporated into, or
      utilized as part of, any commercial product or service. This prohibition includes, but is not
      limited to, selling, licensing, or offering the Software as part of any commercial offering.

   b. For any commercial use of the Software, you must contact the Licensor to obtain a
      separate license. The issuance of such a license is at the sole discretion of the Licensor
      and may be subject to additional terms and conditions.


Severability

   a. If any provision of this License is found to be unenforceable or invalid, that provision will
      be limited or eliminated to the minimum extent necessary so that the License will
      otherwise remain in full force and effect.


Limitation of Liability

   a. To the fullest extent permitted by law, the Licensor shall not be liable for any indirect,
      incidental, consequential, special, or punitive damages, or for any loss of profits or data,
      arising out of or in connection with your use of the Software, even if advised of the possibility
      of such damages. This includes, but is not limited to, damages resulting from the inability to
      use the Software or loss of data.


Intellectual Property indemnification

   a. You will indemnify and hold the Licensor harmless from any third party claim brought
      against the Licensor claiming that the Software infringes or misappropriates patent,
      copyright, trademark, trade secret, or other intellectual property rights of a third party due
      to modifications or usage by You.


Termination

   a. The Licensor may terminate this agreement immediately by providing written notice to
      the Licensee. This includes, but is not limited to, situations where the Licensee breaches
      any term or condition of this agreement. Such termination shall be effective as of the
      date specified in the notice of termination.

   b. The Licensee may terminate this agreement at any time by providing written notice to the
      Licensor. Upon termination of this Software license agreement, the Licensee’s rights to
      use the Software shall immediately cease. Upon termination, the Licensee must cease
      all use of the Software and destroy or return all copies of the Software and any related
      documentation.

   c. Termination of this agreement shall not affect any rights or obligations that have accrued
      prior to the date of termination. Provisions of this agreement that by their nature should
      survive termination shall continue in full force and effect, including but not limited to
      clauses related to limitations of liability, indemnification, and confidentiality.


Complete Agreement

   a. This agreement constitutes the entire agreement between you and the Licensor regarding the
      Software, superseding all prior communications and proposals. In case of any conflict between
      this agreement and any other policies or programs related to support services provided by the
      Licensor, the terms of this agreement shall prevail.


Change in terms

   a. The Licensor reserves the right to modify, amend, or update the terms and conditions of
      this agreement at any time. Any such modifications will be effective upon the date of
      publication on the Licensor's website or other communication to the Licensee.

   b. The Licensor will provide the Licensee with notice of any material changes to this
      agreement by posting a notice on the Licensor’s website or through other reasonable means.
      It is the Licensee’s responsibility to review the agreement periodically for any changes.


Waiver

   a. Any waiver of this agreement must be in writing and signed by the Licensor. No waiver of
      any breach shall be deemed a waiver of any other breach. Delay or omission in exercising any
      right does not waive that right.

   b. The failure to enforce any right or provision shall not constitute a waiver of such right or
      provision and does not limit the right to enforce it later.

   c. All rights and remedies of the Licensor are cumulative and in addition to any other rights available
      at law or in equity.


Disclaimer of Warranty

   a. The Software is provided on an "as is" basis without warranty of any kind, express,
      implied, statutory or otherwise, including without limitation the implied warranties of title,
      non-infringement, merchantability, or fitness for a particular purpose.

   b. Without limiting the foregoing, the Licensor makes no warranty that:

      i. The Software will meet your specific requirements or expectations.

      ii. The Software will operate in conjunction with any other software, hardware, or
         systems.

      iii. The Software will be free from defects, inaccuracies, or vulnerabilities, or that any
         defects or errors will be corrected.