License Agreement

Ensembles 3 Commercial Source License

Ensembles 3 — Commercial Source License

This is a commercial license agreement ("Agreement") between The Mental Faculty B.V., a company organized under the laws of the Netherlands ("Licensor"), and the individual or entity accessing or using this software ("Licensee"). By downloading, accessing, copying, or using any portion of this software or its accompanying documentation (collectively, the "Software"), Licensee agrees to be bound by the terms of this Agreement. If Licensee does not agree, Licensee must not access or use the Software.

1. DEFINITIONS

"Software" means the Ensembles 3 source code, compiled binaries (including XCFrameworks), documentation, and any updates or modifications provided by Licensor.

"Free Components" means the following modules, which may be used without a license key: Ensembles (core framework), EnsemblesCloudKit, EnsemblesLocalFile, EnsemblesMemory, and EnsemblesSwiftData.

"Paid Components" means all modules not listed as Free Components, including but not limited to: EnsemblesGoogleDrive, EnsemblesOneDrive, EnsemblesPCloud, EnsemblesWebDAV, EnsemblesEncrypted, EnsemblesDropbox, EnsemblesS3, EnsemblesBox, EnsemblesZip, and EnsemblesMultipeer, as well as any additional modules designated as paid by Licensor.

"Subscription" means a valid, active license purchased from Licensor through https://ensembles.io or an authorized channel.

"Licensee Application" means a software application developed by or for Licensee that incorporates the Software and is not itself a synchronization framework, library, toolkit, or middleware intended for use by other developers.

"Competing Product" means any software library, framework, SDK, toolkit, middleware, or development component — whether distributed commercially, as open source, or otherwise — that provides data synchronization, data replication, or event-sourcing functionality for persistent storage frameworks (including but not limited to Core Data, SwiftData, or their equivalents), or that is substantially similar in purpose or functionality to the Software.

2. GRANT OF LICENSE

Subject to the terms of this Agreement, Licensor grants Licensee a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

(a) Use, compile, and modify the Software solely for the purpose of developing, testing, and distributing Licensee Applications.

(b) Include compiled (binary) forms of the Software within Licensee Applications that Licensee distributes to end users.

This license does not convey any ownership interest in the Software. All rights not expressly granted are reserved by Licensor.

3. FREE AND PAID COMPONENTS

3.1. Free Components may be used in any Licensee Application, including commercial applications, without a Subscription and without a license key.

3.2. Paid Components require an active Subscription. Use of any Paid Component without a valid Subscription constitutes a material breach of this Agreement.

3.3. Licensor reserves the right to reclassify modules between Free and Paid Components in future releases. Any such reclassification applies only to versions released after the reclassification and does not affect versions already licensed to Licensee.

4. SUBSCRIPTION TERMS

4.1. A Subscription entitles Licensee to use any version of the Software (including Paid Components) that is released during or before the active Subscription period.

4.2. Upon expiration or termination of a Subscription:

(a) Licensee may continue to use, compile, and distribute any version of the Software that was released on or before the Subscription expiry date, in perpetuity, subject to all other terms of this Agreement.

(b) Licensee is not entitled to use Paid Components from any version of the Software released after the Subscription expiry date in Licensee Applications.

4.3. Each license key is issued to a single developer or a single development team within one organization. A license key may be used in any number of Licensee Applications owned by that developer or organization. License keys must not be shared with, transferred to, or used by any individual or entity not covered by the original issuance.

4.4. Subscriptions are managed via the license portal at https://ensembles.io/portal.

5. RESTRICTIONS

Licensee shall not, and shall not permit any third party to:

5.1. REDISTRIBUTION — Redistribute, publish, share, transmit, make available, or otherwise disclose the source code of the Software, in whole or in part, in any form, including but not limited to: public or private repositories, package managers, archives, file-sharing services, forums, blog posts, documentation sites, or any electronic or physical medium.

5.2. RESALE AND TRANSFER — Sell, resell, lease, rent, sublicense, assign, or otherwise transfer the Software (in source or binary form), this license, or any rights granted hereunder to any third party, whether for compensation or otherwise.

5.3. COMPETING PRODUCTS — Use the Software, in whole or in part, directly or indirectly, to develop, create, contribute to, or assist in the creation of a Competing Product, whether by manual development, automated tooling, code generation, reverse engineering, or any other means.

5.4. AI-ASSISTED CLONING — Use the Software as training data, input, context, reference material, or prompt content for any artificial intelligence system, machine learning model, large language model, code generation tool, or automated system for the purpose of generating, producing, or deriving a Competing Product or any component thereof. For the avoidance of doubt: Licensee may use AI-assisted coding tools (such as code completion, code review, or conversational coding assistants) where the Software is part of the tool's context, provided such use is solely for the purpose of developing Licensee Applications and not for creating a Competing Product.

5.5. LICENSE KEY ABUSE — Share, publish, distribute, sublicense, sell, or make available any license key issued under this Agreement to any person or entity not authorized under the original issuance.

5.6. CIRCUMVENTION — Remove, disable, bypass, circumvent, or interfere with the license validation mechanism, license key verification, or any other technical protection measure incorporated in the Software.

5.7. DECOMPILATION — Reverse engineer, decompile, or disassemble any compiled binary forms of the Software, except to the limited extent that applicable law expressly prohibits this restriction notwithstanding a contractual provision to the contrary.

6. INTELLECTUAL PROPERTY

6.1. The Software, including all source code, compiled binaries, documentation, architecture, algorithms, and design, is and remains the exclusive property of Licensor. This Agreement does not transfer any intellectual property rights to Licensee.

6.2. Modifications made by Licensee to the Software for use in Licensee Applications do not grant Licensee any ownership of the underlying Software or its derivatives.

6.3. Licensee acknowledges that unauthorized use, disclosure, or distribution of the Software may cause irreparable harm to Licensor for which monetary damages would be inadequate, and that Licensor shall be entitled to seek injunctive or equitable relief in addition to any other remedies available at law.

7. DISCLAIMER OF WARRANTIES

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

(a) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;

(b) ANY WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;

(c) ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY DATA SYNCHRONIZED, TRANSMITTED, STORED, OR PROCESSED BY THE SOFTWARE;

(d) ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

LICENSEE ASSUMES ALL RISK REGARDING THE QUALITY, PERFORMANCE, AND SUITABILITY OF THE SOFTWARE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

8. LIMITATION OF LIABILITY

8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING, WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES:

(a) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;

(b) ANY LOSS OF DATA, CORRUPTION OF DATA, LOSS OF ACCURACY OR INTEGRITY OF DATA, OR FAILURE TO SYNCHRONIZE DATA CORRECTLY;

(d) ANY DAMAGE TO OTHER SOFTWARE, SYSTEMS, OR SERVICES ARISING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE;

(e) ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;

(f) ANY BUSINESS INTERRUPTION, DOWNTIME, OR LOSS OF USE.

8.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE, REGARDLESS OF THE CAUSE OF ACTION, SHALL NOT EXCEED THE LESSER OF: (I) THE TOTAL FEES ACTUALLY PAID BY LICENSEE TO LICENSOR IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED EUROS (EUR 100).

8.3. THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

8.4. LICENSEE ACKNOWLEDGES THAT THE SOFTWARE PERFORMS DATA SYNCHRONIZATION OPERATIONS THAT MAY MODIFY, OVERWRITE, OR DELETE DATA IN PERSISTENT STORES. LICENSEE IS SOLELY RESPONSIBLE FOR IMPLEMENTING ADEQUATE BACKUP, VALIDATION, AND DATA RECOVERY PROCEDURES. LICENSOR SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DATA LOSS, DATA CORRUPTION, OR UNINTENDED DATA MODIFICATION.

9. INDEMNIFICATION

Licensee shall indemnify, defend, and hold harmless Licensor and its directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Licensee's use of the Software; (b) any Licensee Application; (c) Licensee's breach of this Agreement; or (d) any claim that a Licensee Application infringes the rights of a third party.

10. TERMINATION

10.1. This Agreement is effective until terminated. Licensor may terminate this Agreement immediately upon written notice if Licensee breaches any term hereof.

10.2. Upon termination, Licensee must immediately cease all use of the Software and destroy all copies of the source code in Licensee's possession or control. Compiled Licensee Applications already distributed to end users prior to termination are not required to be recalled, but no further distribution is permitted.

10.3. Sections 1, 5, 6, 7, 8, 9, and 11 shall survive termination of this Agreement.

11. GENERAL PROVISIONS

11.1. GOVERNING LAW — This Agreement shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of laws principles.

11.2. DISPUTE RESOLUTION — Any dispute arising out of or relating to this Agreement shall be submitted to the exclusive jurisdiction of the competent courts of Amsterdam, the Netherlands.

11.3. SEVERABILITY — If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

11.4. ENTIRE AGREEMENT — This Agreement constitutes the entire agreement between the parties regarding the Software and supersedes all prior or contemporaneous agreements, understandings, or representations, whether written or oral.

11.5. WAIVER — The failure of Licensor to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

11.6. ASSIGNMENT — Licensee may not assign or transfer this Agreement or any rights hereunder without Licensor's prior written consent. Licensor may assign this Agreement without restriction.

11.7. NOTICES — Any notices required or permitted under this Agreement shall be in writing and sent to the addresses provided at the time of purchase or to such other address as either party may designate in writing.