eVibes License – Version 2.0, April 29, 2025

Copyright (c) 2025 Egor “fureunoir” Gorbunov

Permission is hereby granted, free of charge, to any person obtaining a copy of the eVibes software and associated documentation (the “Software”), to use, copy, modify, merge, publish, distribute, and sublicense the Software, subject to the terms and conditions below. Any distribution of the Software (in source or binary form) must include a copy of this License and preserve the above copyright notice. By using the Software, you indicate your acceptance of these terms. If you do not agree to these terms, you have no rights to use the Software.

1. Non-Commercial Use
   The Software is provided at no cost for personal, academic, or other non-commercial purposes. “Non-Commercial Use” means any use of the Software that does not generate income (directly or indirectly) and is not part of a for-profit or revenue-generating activity. For Non-Commercial Use, the Software is provided “AS IS” and without any warranty or liability. You may freely use and modify the Software for Non-Commercial purposes, and you may distribute it for non-commercial ends as long as this License is included and the same terms apply to all recipients.

2. Commercial Use
   Any use of the Software in a commercial context or as part of any project or service that earns money or other compensation is considered “Commercial Use.” This includes using the Software to develop products or services for sale, using it in a business environment to facilitate revenue, or any use that results in financial gain to you or your organization. For any Commercial Use, the following conditions apply:

   a. Prior Authorization
   You must obtain written permission from the author (Egor “fureunoir” Gorbunov) and enter into a separate commercial license agreement before using the Software for Commercial Use.

   b. Automatic Royalty Obligation
   If you use the Software commercially without first obtaining a separate signed agreement with the author, you are automatically bound by this License to pay a royalty fee of 8 % (eight percent) of all Income generated through such use of the Software. This obligation is self-executing and enforceable: by proceeding to use the Software commercially, you agree that 8 % of your income derived from the Software is due to the author as a royalty. This royalty is owed without any further action by the author, aside from providing payment instructions, and failure to pay it constitutes a breach of this License.

   c. Definition of Income
   For the purposes of this License, “Income” means any and all revenue, earnings, or profit obtained as a result of using the Software. This includes (but is not limited to) sales receipts, subscription or service fees, advertising revenue, cost savings that translate into greater profits, or any other form of monetary benefit derived from the Software’s use.

   d. Payment and Reporting
   Royalty payments of 8 % of Income shall be calculated and paid quarterly (every three months). Within 15 days after the end of each calendar quarter, you must provide the author with a written report detailing the total Income generated from your use of the Software during that quarter and remit the 8 % royalty payment for that period. Reports and payment inquiries shall be sent to the author at the contact email provided below.

   e. Audit Rights
   You agree to maintain accurate financial records of revenue relating to your use of the Software. The author (or an auditor appointed by the author) has the right to request an audit of relevant records to verify the accuracy of reported Income and royalties. Such an audit will be at the author’s expense, unless a material underpayment of fees by you (more than 5 %) is discovered, in which case you must reimburse the reasonable audit costs.

   f. Warranty for Authorized Commercial Users
   The author is pleased to offer a limited warranty to those commercial users who have contacted the author and entered into a separate written agreement. The scope, duration, and terms of any such warranty shall be set forth in that separate agreement. In the absence of such an agreement, no warranty is provided.

   g. No Unauthorized Commercial Use
   Except as explicitly allowed under this Section, any Commercial Use without the author’s prior consent or without paying the required royalties is prohibited. Using the Software in a commercial setting without honoring these terms violates the author’s intellectual property rights and will result in termination of your rights (see Section 5) and potential legal liability.

3. Compliance and Enforcement
   You, as a user of the Software, agree to strictly comply with all terms of this License. Failure to comply with any condition (for example, using the Software commercially without authorization or non-payment of the required fees) constitutes a material breach of this License. In the event of a breach, the author is entitled to enforce these terms through appropriate legal means. Specifically, you acknowledge that the royalty obligation in Section 2 is a binding debt enforceable in a court of law, and that the author may pursue legal action, injunctions, and damages to collect unpaid fees or to prevent unauthorized use. All rights granted to you under this License are conditioned on your continued compliance.

4. Warranty Disclaimer and Liability Limitation
   Except as expressly agreed in a separate written agreement for authorized commercial users (Section 2 f), the Software is provided “AS IS,” without warranty of any kind. The author disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume all risks associated with using the Software. In no event shall the author or any copyright holder be liable for any direct, indirect, incidental, special, exemplary, or consequential damages arising in any way out of use of the Software, even if advised of the possibility of such damage.

5. Termination of Rights
   This License (and all rights granted to you hereunder) will automatically terminate if you fail to comply with any of its terms and conditions. Termination is effective immediately and without prior notice. Upon termination, you must cease all use of the Software, destroy or delete any copies in your possession, and confirm in writing to the author that you have complied. Termination does not relieve you of your obligation to pay any outstanding royalty fees. The provisions concerning fees, audits, enforcement, disclaimers, and limitations of liability survive termination.

6. Governing Law and Jurisdiction
   This License is intended to be enforceable worldwide. Governing Law: By default, this License shall be governed by and construed in accordance with the substantive laws of the Russian Federation. However, the obligations and rights herein shall be interpreted to be consistent with and enforceable under the laws of any country in which a user operates or where enforcement is sought. Jurisdiction: You agree that the author may bring legal action to enforce this License in any court of competent jurisdiction, including but not limited to Moscow (Russian Federation), Berlin (Germany), or London (United Kingdom). You waive any objections based on inconvenient forum. In any action to enforce this License, the prevailing party shall be entitled to an award of its reasonable attorneys’ fees and costs.

7. Miscellaneous Provisions
   • Severability: If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.
   • No Waiver: The author’s failure to enforce any right or provision does not constitute a waiver of future enforcement.
   • No Transfer: You may not assign this License without the author’s prior written consent. The author may assign his rights to a successor or assignee at any time by notice.
   • Entire Agreement: This License constitutes the entire agreement between you and the author regarding the Software and supersedes any prior understandings. No amendment is binding unless in writing and signed by the author.

Contact Information:
For inquiries, contract requests, reports, or notices, please contact:
Egor “fureunoir” Gorbunov
Email: contact@fureunoir.com
Telegram: https://t.me/fureunoir

By using the eVibes framework, you acknowledge that you have read and understood this License and agree to be bound by its terms.
