# END-USER LICENSE AGREEMENT (EULA) **Effective Date:** September 2, 2026 **Last Updated:** September 22, 2026 --- ## 1. Acceptance of This Agreement This End-User License Agreement (the "**Agreement**" or "**EULA**") is a binding legal contract between **IntellectualTux** ("**I**", "**me**", or "**my**") and you ("**you**" or "**your**") governing your use of **MC-TWTH** and any related documentation, updates, and components (the "**Application**"). It applies whether the Application is downloaded, pre-installed, accessed online, or delivered through a third-party platform or application store. By downloading, installing, copying, accessing, or otherwise using the Application, or by clicking "I Agree" (or similar confirmation), you confirm that you have read and understood this Agreement and that you agree to be bound by its terms. If you do not agree, do not download, install, or use the Application, and immediately delete any copies in your possession. If you are accepting this Agreement on behalf of a company, organization, or other legal entity, you represent that you have the requisite authority to bind that entity, in which case "**you**" and "**your**" refer to that entity. --- ## 2. Definitions For the purposes of this Agreement: * **"Application"** means the software identified as **MC-TWTH** in object-code or executable form, together with its documentation, components, and any updates provided under this Agreement. * **"Documentation"** means user manuals, technical guides, specifications, and help materials made available by me for the Application. * **"Device"** means a computer, smartphone, tablet, server, or other hardware terminal that you own or control on which the Application is executed or installed. * **"Update"** means a patch, bug fix, security patch, feature enhancement, upgrade, or new iteration of the Application provided under this Agreement. * **"Consumer"** means an individual acting for purposes outside their trade, business, craft, or profession, as defined under Moroccan Law No. 31-08 enacting consumer protection measures. * **"Intellectual Property Rights"** means all copyright, moral rights, trademark, trade name, trade secret, database rights, patent rights, and other intellectual property rights recognized under applicable laws or treaties worldwide. --- ## 3. License Grant Subject to your continuous compliance with this Agreement (and payment of any applicable license fees), I grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the Application on your Devices solely for your personal or internal business purposes. * **Permitted Users:** If you are an entity, you may permit your employees and authorized contractors to access and use the Application solely on your behalf, provided you remain fully liable for their strict adherence to this Agreement. * **Evaluation and Trial Licenses:** If the Application is provided for evaluation, trial, beta, or demonstration purposes, the license is limited strictly to testing and assessment during the designated trial period. I reserve the right to revoke or suspend trial access at any time without notice or liability. * **Reservation of Rights:** The Application is licensed, not sold. I retain all right, title, and interest in and to the Application, including all associated Intellectual Property Rights. All rights not expressly granted to you herein are explicitly reserved. * **Updates and Support:** I may, from time to time, issue Updates or technical support. Updates may download and install automatically to ensure optimal functionality, security, or stability; you consent to such automatic delivery. Maintenance, support availability, and support lifecycles are provided at my sole discretion and may be modified or retired at any time. --- ## 4. License Restrictions Except to the extent explicitly authorized by this Agreement or mandatory applicable law, you agree that you shall not, and shall not permit any third party to: 1. Copy, reproduce, distribute, publish, frame, mirror, rent, lease, lend, sell, or sublicense the Application; 2. Modify, adapt, translate, or create derivative works based upon the Application; 3. Reverse engineer, decompile, disassemble, or attempt to derive or reconstruct the source code, underlying logic, or algorithms of the Application, except strictly to the extent permitted by applicable law (e.g., under Moroccan Law No. 2-00 for interoperability purposes) after requesting the necessary technical information directly from me; 4. Remove, alter, hide, or obscure any copyright, trademark, or proprietary notices displayed on or within the Application or Documentation; 5. Bypass, disable, breach, or interfere with any security keys, digital rights management (DRM), license enforcement mechanisms, or access-control measures; 6. Use the Application to construct a competitive product, software, or service, or operate a service bureau, time-sharing, or commercial hosting setup; 7. Use the Application to transmit or store unlawful, defamatory, or infringing material, or introduce malicious software, viruses, or harmful components; or 8. Use the Application in any manner that violates local, national, or international laws, regulations, or third-party rights. --- ## 5. Intellectual Property The Application—including its source code, executable code, visual elements, layout, sound design, interface design, algorithms, and Documentation—is protected by copyright, trademark, and intellectual property legislation, including **Moroccan Law No. 2-00 on Copyright and Related Rights** (as amended). * **Trademarks:** "**IntellectualTux**", "**MC-TWTH**", and associated logos or branding elements are my trademarks. You receive no right or license to use these trademarks without prior written authorization. * **Feedback:** If you provide suggestions, feature requests, error reports, or feedback regarding the Application, you grant me a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, and sublicensable license to use, implement, and commercialize such feedback without restriction or financial obligation to you. * **Third-Party Components:** The Application may contain third-party or open-source software libraries. Details regarding these components and their respective licenses are listed in the Documentation. Open-source licenses govern those specific components and take precedence over this EULA in the event of direct conflict. --- ## 6. Term and Termination This Agreement takes effect on the date you first download, install, or use the Application and remains in force until terminated. * **Termination by You:** You may terminate this Agreement at any time by discontinuing all use of the Application and permanently destroying all copies in your custody or control. * **Termination by Me:** I reserve the right to suspend or terminate this Agreement immediately if you breach any term hereof, or if required to do so by applicable law or judicial order. * **Effect of Termination:** Upon termination, the license granted under Section 3 immediately expires. You must cease all access, uninstall, and delete all copies of the Application. Termination does not entitle you to any financial refund unless mandated by statutory law. * **Survival:** Provisions that by their nature ought to survive termination shall survive, including Sections 2 (Definitions), 5 (Intellectual Property), 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Indemnification), 11 (Governing Law and Disputes), and 13 (General Provisions). --- ## 7. Disclaimer of Warranties To the maximum extent permitted under applicable law (including Moroccan Law No. 31-08 on Consumer Protection), the Application and associated services are provided on an **"AS IS"** and **"AS AVAILABLE"** basis without warranties or guarantees of any kind. I explicitly disclaim all representations and warranties, whether express, implied, statutory, or customary, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, and accuracy. I do not warrant that the Application will fulfill your requirements, run without interruption, be entirely secure, or remain free from errors, bugs, or malware. --- ## 8. Limitation of Liability To the fullest extent allowed by applicable Moroccan legislation: 1. **Consequential Damages:** In no event shall IntellectualTux be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, business revenue, data, goodwill, or operational disruption, regardless of the theory of liability (contract, tort, negligence, or strict liability), even if advised of the possibility of such damages. 2. **Cap on Liability:** My aggregate total liability arising out of or related to this Agreement or the use of the Application shall in no circumstances exceed the total fees paid by you for the Application during the twelve (12) calendar months preceding the claim, or **100 MAD (Moroccan Dirham)**, whichever is lower. *Nothing in this Agreement excludes or restricts liability for gross negligence, intentional misconduct, death, or personal injury where such limitation is prohibited under mandatory Moroccan law.* --- ## 9. Indemnification To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless IntellectualTux from and against any third-party claims, suits, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorney and legal fees) arising out of or resulting from: * Your use or misuse of the Application; * Your breach of any provision of this EULA; * Your violation of any applicable law, regulation, or third-party intellectual property or privacy rights; or * Data or content processed, stored, or distributed through your installation of the Application. --- ## 10. Privacy and Data Protection Data collection and processing associated with the Application comply with **Moroccan Law No. 09-08 relating to the protection of individuals with regard to the processing of personal data** (enforced by the *Commission Nationale de contrôle de la protection des Données à caractère Personnel* - CNDP). Details on how personal data is collected, stored, processed, and safeguarded are articulated in my **Privacy Policy**, which is incorporated into this Agreement by reference. --- ## 11. Governing Law and Dispute Resolution * **Informal Resolution:** Before initiating formal legal proceedings, you and I agree to seek an amicable, informal resolution by sending a written notice outlining the claim to **intellectualtux@proton.me**. Both parties agree to negotiate in good faith for at least sixty (60) days following receipt. * **Governing Law:** This Agreement, its interpretation, performance, and any non-contractual obligations arising from it shall be governed by and construed in accordance with the laws of the **Kingdom of Morocco**. * **Jurisdiction:** Any dispute, controversy, or claim arising out of or in connection with this Agreement that cannot be resolved informally shall be subject to the exclusive jurisdiction of the **courts of the Kingdom of Morocco**. --- ## 12. Amendments to This Agreement I reserve the right to revise or update this Agreement from time to time to align with software updates, regulatory requirements, or business modifications. Material changes will be communicated through in-app notices, update logs, or by revising the "Last Updated" date above. Your continued use of the Application following the publication of revised terms constitutes your acceptance thereof. If you do not agree to the updated EULA, you must cease using the Application immediately. --- ## 13. General Provisions * **Entire Agreement:** This EULA, along with any documents incorporated by reference, constitutes the complete and exclusive agreement between you and IntellectualTux concerning the Application and supersedes all prior or contemporaneous agreements, understandings, or representations. * **Severability:** If any provision of this EULA is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect. * **No Waiver:** Failure to enforce any right or provision of this Agreement shall not constitute a waiver of future enforcement of that or any other provision. * **Assignment:** You may not assign, transfer, or delegate your rights or obligations under this EULA without prior written consent. I reserve the right to assign or transfer this Agreement in whole or in part without restriction. * **Governing Language:** This EULA is executed and drafted in the English language. Any translations provided are solely for convenience. In the event of inconsistency or conflict between the English version and any translation, the English version shall prevail to the extent permitted by applicable law. --- ## 14. Contact Information If you have questions, feedback, or legal inquiries regarding this EULA, please reach out to: **IntellectualTux** **Email:** intellectualtux@proton.me **Country:** Kingdom of Morocco