OMNIDIFF COMMERCIAL LICENSE AGREEMENT Version 1.0, 24 September 2026 Copyright (C) 2026 Marko Ivankovic This Agreement is an alternative to the GNU Affero General Public License (AGPL). omnidiff is and remains available under the AGPL, version 3 only, to everyone, at no cost. This Agreement exists for organisations that cannot or do not want to accept the obligations of the AGPL. It grants the same software under different terms, in exchange for a recurring fee. Nothing in this Agreement limits the rights that anyone has under the AGPL. If you do not hold a Subscription, this Agreement does not apply to you, and your use of omnidiff is governed by the AGPL alone. 1. PARTIES 1.1 "Licensor" is Marko Ivankovic, a sole proprietorship registered in Switzerland, UID CHE-381.084.114. Licensor's postal address is stated on the invoice and will be provided on request. 1.2 "Licensee" is the legal entity that holds a Subscription. Where the Subscription is paid from a GitHub account, Licensee is the legal entity named in the account's sponsorship registration or, if none is named, the legal entity that owns the account. Licensee must be a business, public body, or other organisation acting in the course of its professional activity. This Agreement is not offered to consumers. 2. DEFINITIONS 2.1 "Software" means the omnidiff program, its source code, and its documentation, as published by Licensor at https://github.com/ivankovic/omnidiff or a successor location. 2.2 "Subscription" means an active, paid sponsorship of Licensor at a tier that names this Agreement as a benefit, at https://github.com/sponsors/ivankovic or through a direct invoice from Licensor. 2.3 "Tier" means the sponsorship tier the Subscription is paid at. The Tier description may limit the number of Authorized Users. If it names no number, there is no limit within Licensee. 2.4 "Authorized User" means an employee or individual contractor of Licensee who uses the Software on Licensee's behalf. 2.5 "Internal Use" means running the Software, unmodified, on systems that Licensee owns or controls, by Authorized Users, for Licensee's own internal business purposes. Systems operated for Licensee by a hosting or cloud provider count as controlled by Licensee. Continuous integration and other automated pipelines that run only on Licensee's own code count as Internal Use. 2.6 "Third-Party Components" means software included in or built into the Software that is licensed by others under their own terms, as listed in the notices distributed with the Software. 3. LICENSE GRANT 3.1 For the Term, and subject to this Agreement, Licensor grants Licensee a worldwide, non-exclusive, non-transferable license to install and run the Software for Internal Use, and to make the copies needed for that, without the obligations that the AGPL attaches to such use. 3.2 Everything not granted in Section 3.1 is reserved. In particular, Licensee may not, under this Agreement: (a) modify the Software, or create derivative works of it; (b) distribute, sell, rent, lend, or otherwise make the Software available to any third party, in source or object code form, on its own or as part of another product; (c) include the Software in, link it to, or invoke it from a product or service that Licensee provides to third parties; (d) make the Software available to third parties over a network, or operate it as a service for anyone other than Licensee; (e) let anyone other than Authorized Users use the Software; (f) remove or alter copyright, license, or attribution notices in the Software, including the notices of Third-Party Components; (g) use Licensor's name or the name "omnidiff" to endorse or promote Licensee or its products without prior written permission, beyond a factual statement that Licensee uses omnidiff; (h) transfer or assign this license. 3.3 Any use outside Section 3.1 is not covered by this Agreement. Licensee remains free to do anything the AGPL permits, under the AGPL and its obligations, but such use is not licensed under this Agreement and does not benefit from it. 3.4 Affiliates of Licensee that Licensee controls, is controlled by, or is under common control with may exercise the rights in Section 3.1 through Licensee, and their employees and individual contractors count as Authorized Users. Licensee remains responsible for them. 4. THIRD-PARTY COMPONENTS 4.1 Third-Party Components are licensed under their own terms, which are permissive. Licensee must comply with those terms, which for Internal Use means keeping their copyright notices and license texts with the Software. 4.2 Where a Third-Party Component is offered under a choice of licenses, Licensor selects the MIT License or the Apache License 2.0 for the purposes of this Agreement, and Licensee may rely on that selection. 5. FEES AND TAXES 5.1 The fee is the monthly amount of the Tier, paid through the Subscription. Fees are due in advance for each month. 5.2 Fees do not include value added tax, sales tax, or similar taxes. Licensee is responsible for any such tax on its side. Where reverse charge applies, Licensee accounts for the tax itself. Licensee will provide its VAT identification number or equivalent to Licensor on request, and confirms that it acquires the license for its business. 5.3 Fees paid are not refundable. If a Subscription is cancelled during a month, the license continues to the end of that paid month. 5.4 Licensor may change the fee for future months by changing the Tier. A change takes effect at the next renewal after Licensor publishes it. Licensee may cancel before then. 5.5 Licensor will issue an invoice on request. GitHub sponsorship receipts are not invoices from Licensor. 6. TERM AND TERMINATION 6.1 The Term begins when the first Subscription payment is received and continues for as long as the Subscription is active. 6.2 When the Subscription ends, the Term ends at the end of the last paid month, and all rights under this Agreement end with it. Licensee must then stop using the Software under this Agreement. From that point, only the AGPL applies to Licensee's use of the Software, in any version. 6.3 Licensor may terminate this Agreement with immediate effect if Licensee breaches Section 3 and does not cure the breach within 30 days of written notice, or at once if the breach cannot be cured. On termination all rights under this Agreement end. Licensee's rights under the AGPL are unaffected. 6.4 Licensee may start a new Subscription at any time. The new Term begins when the first payment for it is received. Use between two Terms is governed by the AGPL alone. 6.5 Sections 5.3, 7, 8, 9, and 10 survive the end of the Term. 7. OWNERSHIP 7.1 The Software is protected by copyright. Licensor owns all rights in it other than Third-Party Components. This Agreement grants a license, not a sale. No title passes to Licensee. 7.2 Nothing in this Agreement grants Licensee any right in modifications, forks, or derivative works of the Software. Any such work that Licensee creates under the AGPL is governed by the AGPL alone. 8. NO WARRANTY 8.1 The Software is provided "as is" and "as available". To the extent permitted by law, Licensor disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and that the Software will be free of errors or operate without interruption. 8.2 This Agreement includes no support, maintenance, or update obligation. Licensor decides alone what to publish and when. 9. LIMITATION OF LIABILITY 9.1 To the extent permitted by law, Licensor is not liable for indirect or consequential loss, loss of profit, loss of data, loss of business, or the cost of substitute software, however caused. 9.2 To the extent permitted by law, Licensor's total liability under or in connection with this Agreement is limited to the fees Licensee paid under it in the twelve months before the event giving rise to the claim. 9.3 Nothing in this Agreement excludes or limits liability for intent or gross negligence, or any other liability that cannot be excluded under Swiss law. 10. GENERAL 10.1 This Agreement is governed by Swiss law, excluding its conflict of law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods. The courts at Licensor's seat have exclusive jurisdiction. 10.2 This Agreement is the entire agreement between the parties about the commercial licensing of the Software. It replaces any prior discussion. Terms in Licensee's purchase orders or vendor forms do not apply. 10.3 Licensor may publish a new version of this Agreement. A new version applies to Licensee from the first renewal that follows 30 days after its publication at the location in Section 2.1. Licensee may cancel before then. 10.4 If a provision of this Agreement is invalid, the rest remains in force, and the invalid provision is replaced by a valid one that comes closest to its purpose. 10.5 Notices to Licensor go to the email address published on Licensor's GitHub sponsorship page. Notices to Licensee go to the email address associated with the sponsoring account. Licensee is responsible for keeping that address current. 10.6 Licensor's copy of the Subscription records is proof of the Term and the Tier.