LICENSE

SOFTWARE LICENSE AGREEMENT

Copyright (c) 2024 XternA. All Rights Reserved.

By downloading, pulling, installing, or using this Software, you agree to be bound by
the terms of this Agreement. If you do not agree, do not use this Software.


Part I — XMRig (GNU General Public License v3)

This Software incorporates and distributes XMRig (https://github.com/xmrig/xmrig), a
third-party project licensed under the GNU General Public License, Version 3 ("GPL v3").
XMRig is included in compiled form within this Software, and all GPL v3 terms apply to
its use, modification, and redistribution in full, regardless of the form in which it is
conveyed.

The only XMRig source file modified by XternA is src/net/strategies/DonateStrategy.cpp.
All other XMRig source files are incorporated without modification. Corresponding source
code for the modified XMRig component is available in accordance with GPL v3 §6.

All rights granted under GPL v3 with respect to XMRig are fully preserved. You may use,
study, modify, and redistribute XMRig under the terms of GPL v3, available at:
https://www.gnu.org/licenses/gpl-3.0.html

The proprietary terms set out in Part II govern only the original works authored by
XternA, which are separate from and not derived from XMRig. Part II does not restrict,
limit, or override any rights granted under GPL v3 with respect to XMRig. In the event
of any conflict between Part I and Part II with respect to GPL-covered components,
GPL v3 shall prevail.


Part II — Proprietary License

PROPRIETARY SOFTWARE LICENSE

Version 1.4

This Proprietary Software License ("License") is a legal agreement between you ("Licensee")
and XternA ("Licensor"). By downloading, installing, or using the Software provided under
this License, you agree to be bound by the terms and conditions of this License. If you do
not agree to these terms and conditions, do not download, install, or use the Software.


Definitions

For the purposes of this Agreement, the following terms have the meanings set out below:

"Software" means the software, tools, applications and associated files distributed by
Licensor under this License, including all versions, updates and releases.

"Commercial Use" means any use of the Software in a personal, business or organisational
context that generates or is intended to generate income, revenue or financial benefit for
the Licensee, including personal operational deployment, internal company use and earning
income from outputs or results produced by the Software.

"Monetisation Mechanism" means any built-in fee, referral, attribution, contribution, reward
redirection or revenue-sharing system embedded in the Software by Licensor.

"Redistribution" means making the Software or any portion thereof available to any third
party by any means, including publishing, sharing, distributing, uploading, mirroring or
hosting for access by others.

"Integration" means incorporating, embedding, bundling or including the Software as a
component within another product, service or tool, for the purpose of Redistribution or
operating a Hosted Service.

"Hosted Service" means operating the Software, or any derivative, wrapper or modified version
thereof, to provide access or services derived from the Software to third parties, whether or
not for commercial consideration.


1. License Grant:

   Subject to the terms and conditions of this Agreement, and provided that the Monetisation
   Mechanism remains fully intact and unmodified, Licensor grants Licensee a non-exclusive,
   non-transferable, revocable license to use the Software for personal use, Commercial Use
   and internal business deployment.

   Licensee is prohibited from using the Software for Redistribution, Integration or the
   provision of a Hosted Service, and from any use that falls outside the scope of this
   grant, subject to the limitations and obligations outlined in this License.

   This license grant is conditional upon the Monetisation Mechanism remaining fully intact
   at all times. Any removal, replacement, bypass or circumvention of the Monetisation
   Mechanism, whether directly or indirectly, automatically voids this license grant and
   constitutes a material breach of this Agreement.


2. Restrictions:

   Licensee shall not, directly or indirectly, and shall not permit any third party to:

      a. Redistribute, publish, upload, share or otherwise make the Software or any portion
         thereof available to third parties by any means without prior written consent from
         Licensor.

      b. Sell, resell, rent, lease, sublicense or otherwise transfer the Software or any
         portion thereof to any third party without prior written consent from Licensor.

      c. Integrate the Software into any other product, tool, service or distribution for
         the purpose of Redistribution or providing a Hosted Service.

      d. Operate the Software, or any derivative or wrapper thereof, as a Hosted Service
         accessible to third parties.

      e. Remove, disable, bypass, replace or circumvent the Monetisation Mechanism or any
         component thereof, whether directly or indirectly or through technical, contractual
         or other means, or assist or enable any third party to do so.

      f. Modify, adapt, translate, reverse engineer, decompile, disassemble, or create
         derivative works based on the Software for the purpose of Redistribution, Integration
         or providing a Hosted Service, except to the extent expressly permitted by applicable
         law.

      g. White-label, rebrand or represent the Software as your own original work or
         misattribute authorship in any way.

      h. Remove or alter any labels, copyright, trademark or other proprietary rights notices
         contained in or associated with the Software.

      i. Use the Software in any manner that infringes the intellectual property rights of
         Licensor or any third party.

      j. Use the Software for any unlawful purpose or in violation of any applicable laws or
         regulations.


3. Contributions:

   Licensor is not obligated to accept any contribution. By submitting a contribution for
   incorporation into the Software, Licensee assigns and transfers to Licensor all right,
   title and interest in and to such contribution, including all intellectual property rights
   therein, effective upon Licensor's acceptance. To the extent such assignment is not
   effective under applicable law, Licensee grants Licensor an exclusive, perpetual,
   irrevocable, worldwide, royalty-free licence to use, reproduce, modify, distribute and
   sublicense such contribution without restriction. Licensee waives any moral rights in such
   contribution to the maximum extent permitted by applicable law. Licensee shall not publish,
   distribute or maintain any independent version or fork of the Software incorporating such
   contribution without prior written consent from Licensor. All rights in a contribution
   transfer to Licensor only upon acceptance.


4. Ownership:

   Licensor retains all rights, title, and interest in and to the Software, including any and
   all intellectual property rights. Licensee acknowledges that this License does not grant
   Licensee any ownership or rights in the Software except as expressly stated herein.


5. Disclaimer of Warranty:

   TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS"
   WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. LICENSOR DISCLAIMS ALL WARRANTIES,
   EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
   MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.


6. Limitation of Liability:

   TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE
   FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
   (INCLUDING BUT NOT LIMITED TO PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
   DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
   LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
   OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE,
   EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

   Licensee acknowledges that the responsibility for legal compliance lies solely with them,
   and they shall hold Licensor harmless from any claims or liabilities arising from
   Licensee's use of the Software.


7. Liquidated Damages:

   The parties acknowledge that a breach of Sections 2 or 3 of this Agreement would cause
   Licensor substantial harm that is inherently difficult to quantify, including diversion of
   fee and referral revenue, loss of competitive advantage, and costs of investigation and
   enforcement. In the event of such a breach, Licensor shall be entitled to:

      a. Actual damages suffered as a direct result of the breach; and

      b. An account of profits directly attributable to the unauthorised use or breach.

   Where neither (a) nor (b) can be established or quantified, Licensor shall be entitled to
   a minimum sum of £3,000 (three thousand pounds sterling), or the equivalent in Licensee's
   local currency at the prevailing rate, per separate and materially distinct breach event,
   as a reasonable estimate of minimum enforcement, investigation and administrative costs
   likely to arise from such breach.

   All remedies above are without prejudice to any other remedy available to Licensor in
   equity or at law, including injunctive relief.


8. Indemnification:

   Licensee agrees to be fully responsible for ensuring that their use of the Software
   complies with all applicable laws and this License. Licensee agrees to indemnify, defend,
   and hold harmless the Licensor from and against any and all claims, damages, liabilities,
   losses, costs, and expenses (including reasonable legal fees) arising out of or resulting
   from any violation of this Agreement, unauthorized or prohibited use of the Software, or
   misuse of the Software. This indemnification obligation includes, but is not limited to,
   any legal claims or penalties arising from such violations or misuse.


9. Governing Law and Jurisdiction:

   This License shall be governed by and construed in accordance with the laws of England and
   Wales, without regard to its conflicts of law principles. Subject to Section 10, any
   dispute not referred to arbitration, including any application for injunctive or emergency
   relief to protect a party's rights pending arbitration, shall be subject to the exclusive
   jurisdiction of the courts of England and Wales.

   Licensee agrees to submit to the jurisdiction of these courts and waives any objection to
   such venue or jurisdiction. Any attempt to contest jurisdiction outside of the agreed forum
   will result in the Licensee being liable for all legal costs incurred by the Licensor in
   enforcing the terms of this agreement.


10. Arbitration:

   Any dispute, controversy, or claim arising out of or relating to this License, including
   any breach, shall be finally resolved by binding arbitration conducted in accordance with
   the arbitration rules of the London Court of International Arbitration (LCIA), as currently
   in force. The seat of arbitration shall be London, United Kingdom. The language of
   arbitration shall be English. The arbitral tribunal shall consist of one arbitrator. The
   decision of the arbitrator shall be final and binding upon both parties. All costs
   associated with arbitration shall be borne by the Licensee if found to be in violation of
   this License. Notwithstanding the foregoing, either party may seek injunctive or other
   equitable relief from the courts of England and Wales to protect their rights pending
   resolution by arbitration.


11. Global Enforcement:

   Licensee acknowledges that this License is enforceable globally, and any violations will
   be pursued under the laws of England and Wales. In the case of international violations,
   the Licensor reserves the right to collaborate with legal authorities in the Licensee's
   country to enforce this License through cease-and-desist orders, public disclosure of the
   violation, or legal action in the Licensee's country, as allowed by applicable
   international treaties or agreements.


12. Termination:

   This Agreement is effective until terminated. Licensor may terminate this Agreement at any
   time if Licensee fails to comply with any term or condition of this Agreement. Upon
   termination, Licensee must immediately cease all use of the Software and permanently
   destroy all copies of the Software in their possession or control.

   Sections 3, 4, 5, 6, 7, 8, 9, and 10 shall survive termination of this Agreement.


13. Miscellaneous:

   This Agreement constitutes the entire agreement between you and the Licensor concerning
   the subject matter hereof and supersedes all prior or contemporaneous understandings and
   agreements, whether written or oral.

   This Agreement may be amended or modified only in writing signed by both parties. No
   waiver of any provision shall be effective unless in writing. Failure by Licensor to
   enforce any provision shall not constitute a waiver of future enforcement rights.

   If any provision of this Agreement is held to be unenforceable, such provision shall be
   amended to achieve as nearly as possible the same economic effect as the original
   provision, and the remainder of this Agreement shall continue in full force and effect.

   Licensee may not assign or transfer this Agreement or any rights hereunder without prior
   written consent from Licensor. Licensor may assign this Agreement freely, including to any
   successor entity.


14. Enforcement:

   Licensor reserves the right to monitor and audit the use of the Software to ensure
   compliance with this License. Licensor reserves the right to pursue legal action against
   any Licensee found to be in violation of this License and will seek all applicable damages
   and penalties.


15. Global Applicability and Hosting:

   The terms and conditions of this License apply to the Software regardless of the platform,
   location, or method of distribution. Whether the Software is hosted on platforms such as
   GitHub, DockerHub, or any other hosting service, the License remains in full effect and
   enforceable.

   Licensee acknowledges that publishing, distributing, or using the Software on any platform
   does not alter the License terms or limit the Licensor's rights to enforce the License.
   Licensee must adhere to all terms and conditions of this License no matter where or how
   the Software is accessed or used.

   Licensor retains the right to take appropriate legal action to address any violations of
   this License, irrespective of the hosting or distribution platform. This includes the right
   to seek remedies and enforce compliance through legal or administrative means as deemed
   necessary by the Licensor.


16. Third-Party Components and Services:

   This Software may utilize, interact with, or depend upon third-party software, services,
   APIs, applications, or resources ("Third-Party Components") that are subject to their own
   separate terms of service, licenses, and policies. Such Third-Party Components include,
   but are not limited to, containerization platforms, system utilities, external APIs, and
   third-party applications integrated within or alongside the Software.

   Licensee acknowledges and agrees that:

      a. Licensor makes no representations or warranties regarding the availability,
         functionality, accuracy, security, or legality of any Third-Party Components.

      b. Licensee is solely responsible for reviewing and complying with all terms of service,
         licenses, and policies governing Third-Party Components.

      c. Licensor shall not be liable for any issues, damages, losses, or claims arising from
         the use, unavailability, modification, or termination of any Third-Party Components.

      d. The inclusion or integration of Third-Party Components does not constitute an
         endorsement by Licensor, and Licensee assumes all risks associated with their use.


BY USING THIS SOFTWARE, LICENSEE ACKNOWLEDGES HAVING READ, UNDERSTOOD, AND AGREED TO BE
BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT.