LICENSE

# OpenGrowBox Community License (OGBCL) Version 2.0
## "Source Available, Non-Commercial Only"

**Effective Date**: 14 October 2025  
**Copyright © 2025 OpenGrowBox. All rights reserved.**

---

## Preamble

The OpenGrowBox Community License (OGBCL) makes the Software publicly available for study, modification, and non-commercial use, while **exclusively reserving all commercial rights to OpenGrowBox**. 

**Key Principle**: The community can freely use, study, and improve the Software, but **only OpenGrowBox may monetize it**. This ensures sustainable development while keeping the code open.

---

## 1. Definitions

**"Software"**  
The OpenGrowBox codebase, including all source code, object code, binaries, documentation, configuration files, scripts, modules, and any updates, whether in original or modified form.

**"Licensee" / "You"**  
Any individual or legal entity that receives, uses, modifies, or distributes the Software under this License.

**"OpenGrowBox"**  
The original copyright holder and exclusive commercial rights holder of the Software and all Contributions.

**"Modification"**  
Any change, addition, deletion, enhancement, or derivative work based on the Software.

**"Derivative Work"**  
Any work based on the Software or a Modification thereof.

**"Distribution"**  
Any act of making the Software or Modifications available to third parties by any means.

**"Network Use"**  
Making the Software's functionality available to users over a network, including:
- Hosting as a web application, API, or service (SaaS)
- Operating the Software on behalf of third parties
- Providing remote access via any network protocol

**"Source Code"**  
The preferred form for making Modifications, including all source files, build scripts, and documentation.

**"Corresponding Source"**  
All Source Code needed to generate, install, and run the Software, including all Modifications.

**"Commercial Use"**  
Any use of the Software that directly or indirectly generates revenue, financial benefit, or commercial advantage, including but not limited to:

1. **Revenue Generation**:
   - Selling or licensing the Software or Modifications
   - Charging fees for access, subscriptions, or usage
   - Generating revenue exceeding €500 per year in any way connected to the Software

2. **Business Operations**:
   - Use by for-profit entities with >5 employees OR >€50,000 annual revenue
   - Use in production environments of commercial businesses
   - Integration into commercial products or services

3. **Service Provision**:
   - Offering the Software as SaaS, PaaS, hosting, or cloud service
   - Providing the Software's functionality to external clients/customers
   - Operating as a service provider using the Software

4. **Monetization**:
   - Charging for support, consulting, training, or customization
   - Generating advertising, sponsorship, or affiliate revenue
   - Data monetization facilitated by the Software
   - Accepting donations >€500/year related to the Software

**"Non-Commercial Use"**  
Any use that is NOT Commercial Use, specifically:
- Personal, hobby, or educational use
- Academic research by accredited institutions
- Use by registered non-profit organizations with <€50,000 annual revenue
- Internal testing without offering services to third parties
- Contributing to open-source projects without monetization

**"Contribution"**  
Any Modification, addition, or derivative work submitted by You to OpenGrowBox for inclusion in the Software.

---

## 2. Grant of Rights for Non-Commercial Use

### 2.1 Non-Commercial License

Subject to the terms of this License, OpenGrowBox grants You a worldwide, royalty-free, **non-exclusive, non-commercial** license to:

1. **Use**: Execute the Software for Non-Commercial Use only
2. **Study**: Access and analyze the Source Code
3. **Modify**: Create Modifications for Non-Commercial Use only
4. **Distribute**: Share the Software (original or modified) for Non-Commercial Use only, subject to Section 3

**CRITICAL RESTRICTION**: You may **NOT** use the Software for any Commercial Use whatsoever, even if You make it available for free. Operating the Software in any commercial context is strictly prohibited.

### 2.2 Network Use Provision

If You operate the Software to provide services over a network (even non-commercially), You **must**:

1. **Provide Source Access**: Offer all users the complete Corresponding Source Code
2. **Prominent Notice**: Display a visible notice stating:
   ```
   This service uses OpenGrowBox (OGBCL v2.0)
   Source code: [URL or method to obtain source]
   Commercial use prohibited - only OpenGrowBox may monetize
   ```
3. **No Restrictions**: Not prevent users from accessing the Source Code

### 2.3 Copyleft for Non-Commercial Use

All Modifications and Derivative Works **must**:
- Be licensed under this same OGBCL v2.0
- Remain for Non-Commercial Use only
- Include complete Source Code when distributed
- Preserve all copyright and license notices

**Important**: This copyleft applies ONLY to non-commercial distribution. You cannot grant commercial rights because you don't have them.

---

## 3. Distribution Requirements

### 3.1 Mandatory Source Code

When You distribute the Software or Modifications, You **must**:

1. **Include Complete Source**: Provide the full Corresponding Source Code via:
   - Direct inclusion with the distribution
   - Written offer valid for 3 years to provide source at no cost
   - Public network location accessible for 3 years

2. **Preserve All Notices**: Keep intact:
   - Copyright notices
   - This LICENSE.md file (unmodified)
   - All attribution notices
   - Patent, trademark, and disclaimer notices

3. **Document Changes**: If You modified the Software:
   - State prominently that You changed it
   - Include dates and descriptions of changes
   - Identify Yourself as the modifier

### 3.2 License Propagation

All distributions **must**:
- Include this License in full
- Be under this License exclusively
- Not impose additional restrictions
- Not remove or alter the Non-Commercial restriction

### 3.3 No Sublicensing

You may NOT sublicense the Software. Recipients automatically receive their license directly from OpenGrowBox under this License.

---

## 4. Exclusive Commercial Rights

### 4.1 Commercial Use Absolutely Prohibited

**Commercial Use by anyone other than OpenGrowBox is strictly forbidden.**

You may NOT:
- Sell, rent, lease, or license the Software
- Offer the Software as a service (SaaS, hosting, etc.)
- Use the Software in any for-profit business context
- Charge for support, training, consulting, or customization
- Generate any revenue connected to the Software
- Accept payment or donations related to the Software

**This prohibition applies even if**:
- You created Modifications
- You contributed code
- You make the service "free" but monetize indirectly
- You operate as a non-profit with commercial activities

### 4.2 OpenGrowBox's Exclusive Rights

**Only OpenGrowBox** may:
- Use the Software commercially
- Offer commercial licenses to third parties
- Provide paid hosting, SaaS, or cloud services
- Charge for support, features, or subscriptions
- Monetize the Software in any way

OpenGrowBox may license the Software to third parties under different terms (including proprietary commercial licenses) at its sole discretion.

### 4.3 No Exceptions

There are **NO exceptions** to Section 4.1. The following are specifically prohibited:
- "Fair use" commercial claims
- "Minimal revenue" arguments
- "Community service" justifications
- Cannabis Social Clubs or cooperatives (see Section 4.4 for limited exception)
- Any other attempted workarounds

### 4.4 Limited Exception: Non-Profit Cannabis Social Clubs

**Narrow Exception**: Registered non-profit Cannabis Social Clubs (CSCs) in Germany or EU jurisdictions where legal may use the Software for **internal cultivation only**, provided:

1. **Strict Non-Profit Status**: 
   - Registered as non-profit under applicable law
   - Annual revenue <€50,000
   - No profit distribution to members
   
2. **Internal Use Only**:
   - Used ONLY for the CSC's own cultivation
   - NOT offered as a service to other organizations
   - NOT used to support commercial operations
   
3. **No Monetization**:
   - NOT sold, licensed, or sublicensed
   - NOT offered as SaaS or hosting
   - NO paid support or consulting to others
   
4. **Source Code Sharing**:
   - All Modifications shared under OGBCL
   - Network Use provisions complied with (Section 2.2)
   
5. **Legal Compliance**:
   - Full compliance with cannabis cultivation laws
   - Proof of legal status available upon request

**This exception does NOT grant**:
- Right to monetize the Software
- Right to offer services to third parties
- Right to sublicense or distribute commercially
- Any commercial rights whatsoever

OpenGrowBox may revoke this exception at any time with 30 days notice.

---

## 5. Contributions & Copyright Assignment

### 5.1 Contribution Terms

By submitting a Contribution to OpenGrowBox, You agree to the following **mandatory** terms:

### 5.2 Exclusive License Grant

You grant OpenGrowBox an **exclusive, perpetual, worldwide, irrevocable, royalty-free, sublicensable, transferable license** to:

1. **Use**: Utilize the Contribution in any way
2. **Modify**: Create derivative works
3. **Distribute**: Under any license (OGBCL, proprietary, or other)
4. **Commercialize**: Monetize without restriction or payment to You
5. **Sublicense**: Grant these rights to third parties
6. **Enforce**: Pursue copyright infringement on OpenGrowBox's behalf

**"Exclusive" means**: 
- **You retain copyright ownership** but grant OpenGrowBox exclusive rights
- You may NOT use Your Contribution commercially
- You may NOT license Your Contribution to others for commercial use
- You MAY use Your Contribution personally and non-commercially
- OpenGrowBox is the ONLY entity that may commercialize Your Contribution

### 5.3 Alternative: Copyright Assignment (Optional)

Alternatively, You may choose to **assign full copyright** to OpenGrowBox:

```
I hereby assign to OpenGrowBox all right, title, and interest 
in and to the Contribution, including all copyrights therein.
```

This grants OpenGrowBox complete ownership. You retain attribution rights but no other rights.

### 5.4 Contributor Warranties

By contributing, You represent and warrant that:

1. **Ownership**: You own the Contribution or have authority to grant these rights
2. **Originality**: The Contribution is Your original work or You have proper licenses
3. **No Conflicts**: The Contribution doesn't infringe third-party rights
4. **No Malicious Code**: The Contribution is free from malware, backdoors, or vulnerabilities
5. **Legal Capacity**: You have legal capacity to enter this agreement

### 5.5 Patent License

If Your Contribution includes patent claims, You grant OpenGrowBox:
- A perpetual, worldwide, exclusive, royalty-free patent license
- To make, use, sell, and commercialize the Contribution
- With full sublicensing rights

### 5.6 No Compensation

You acknowledge:
- Contributions are provided voluntarily without compensation
- OpenGrowBox may commercialize Contributions without payment to You
- You receive only attribution credit, no financial benefit

### 5.7 Attribution

OpenGrowBox agrees to:
- Credit You as a contributor in project documentation
- Maintain a CONTRIBUTORS file listing all contributors
- Not misrepresent Your role or endorsement

**You receive**: Recognition and attribution  
**You do NOT receive**: Commercial rights, revenue share, or veto power

---

## 6. API Access & Premium Features

### 6.1 Hosted Services

The Software may interact with OpenGrowBox-hosted APIs and services:

1. **Authentication Required**: Valid API keys or subscription credentials
2. **Separate Terms**: Governed by OpenGrowBox Terms of Service
3. **Not Licensed Hereunder**: This License grants NO rights to hosted services or Premium Features
4. **OpenGrowBox's Exclusive Offering**: Only OpenGrowBox may offer Premium Features

### 6.2 Self-Hosting Allowed

You may:
- Remove or replace API calls to OpenGrowBox services
- Host the Software on your own infrastructure for Non-Commercial Use
- Modify functionality to work independently

You may NOT:
- Offer hosted services to third parties commercially
- Monetize self-hosted instances
- Misrepresent modified versions as official

---

## 7. Patents

### 7.1 Defensive Patent License

Each Contributor grants You a **non-exclusive** patent license under their essential patent claims to use the Software for **Non-Commercial Use only**.

### 7.2 No Commercial Patent Rights

This patent license does NOT include:
- Right to use patented features commercially
- Right to sublicense patents
- Right to create commercial products using patents

### 7.3 Patent Retaliation

If You initiate patent litigation claiming the Software infringes Your patents, all Your licenses (copyright and patent) under this License **immediately terminate**.

---

## 8. Trademarks

### 8.1 No Trademark License

This License does NOT grant rights to:
- "OpenGrowBox" name or logo
- Any OpenGrowBox trademarks, service marks, or trade names
- Branding or product names

### 8.2 Permitted Trademark Use

You MAY use OpenGrowBox trademarks only to:
- Accurately describe the origin of the Software
- Comply with attribution requirements
- State "based on OpenGrowBox" or "compatible with OpenGrowBox"

You may NOT:
- Suggest endorsement or official status
- Use logos or branding in Your own projects
- Register confusingly similar trademarks

---

## 9. Warranty Disclaimer

**THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY.**

**OpenGrowBox disclaims all warranties**, express or implied, including:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
- Title
- Accuracy or completeness
- Error-free operation
- Uninterrupted service

**You use the Software entirely at Your own risk.**

---

## 10. Limitation of Liability

**TO THE MAXIMUM EXTENT PERMITTED BY LAW:**

**OpenGrowBox and all Contributors shall NOT be liable** for any damages, including:
- Direct, indirect, incidental, special, or consequential damages
- Loss of profits, revenue, data, or business opportunities
- Cost of substitute goods or services
- Business interruption
- Personal injury or property damage

**This applies even if advised of the possibility of such damages** and regardless of legal theory (contract, tort, negligence, strict liability, etc.).

**Maximum Liability**: If any liability cannot be excluded, OpenGrowBox's maximum liability is limited to €50 or the amount You paid OpenGrowBox (if any), whichever is less.

---

## 11. License Violations & Termination

### 11.1 Automatic Termination

Your rights under this License **immediately and automatically terminate** if:

1. **Commercial Use**: You use the Software commercially without authorization
2. **Source Code Violation**: You fail to provide Source Code when required
3. **License Removal**: You distribute without this License
4. **Notice Removal**: You remove or alter copyright/license notices
5. **Sublicensing**: You attempt to sublicense commercial rights
6. **Contribution Breach**: You violate the Contribution terms

### 11.2 Cure Period (Limited)

**For minor technical violations only** (not Commercial Use violations):

You may reinstate Your rights if:
- This is Your first violation AND
- You cure the violation within 30 days of discovery AND
- You notify OpenGrowBox of the cure

**No cure period for**: Commercial Use violations (immediate permanent termination)

### 11.3 Effect of Termination

Upon termination:
- You must immediately cease all use of the Software
- Destroy all copies in Your possession or control
- Cease all Distribution
- Remove all deployed instances

Termination does NOT affect:
- OpenGrowBox's rights
- Rights of downstream recipients who remain compliant
- OpenGrowBox's right to pursue damages

### 11.4 Downstream Protection

Termination of Your license does NOT terminate licenses of parties who received the Software from You, provided they remain compliant.

### 11.5 No Reinstatement for Commercial Violations

If You violated Section 4 (Commercial Use), Your license is **permanently terminated** with no possibility of reinstatement under this License. You must obtain a Commercial License from OpenGrowBox to continue any use.

---

## 12. Enforcement & Remedies

### 12.1 Injunctive Relief

OpenGrowBox may seek immediate injunctive relief without posting bond for:
- Unauthorized Commercial Use
- Continued use after termination
- Other material breaches

### 12.2 Monetary Damages

Unauthorized Commercial Use subjects You to damages of:
- **Minimum**: €10,000 per violation OR 3x the appropriate Commercial License fee, whichever is greater
- **Plus**: All actual damages and lost profits
- **Plus**: OpenGrowBox's attorneys' fees and costs
- **Plus**: Any statutory damages available under applicable law

### 12.3 Specific Performance

OpenGrowBox may compel:
- Destruction of unauthorized copies
- Publication of Source Code
- Correction of License violations

### 12.4 Costs & Fees

The prevailing party in any legal action shall recover all costs and attorneys' fees.

---

## 13. General Provisions

### 13.1 Entire Agreement

This License constitutes the entire agreement regarding Non-Commercial Use. Any prior agreements or understandings are superseded.

### 13.2 Severability

If any provision is found invalid, the remaining provisions continue in full effect. Invalid provisions shall be reformed to achieve their intent to the maximum extent possible.

### 13.3 No Waiver

Failure to enforce any provision does not waive future enforcement. All rights are expressly reserved.

### 13.4 Assignment

- **You**: May not assign or transfer Your rights under this License
- **OpenGrowBox**: May freely assign or transfer all rights

### 13.5 Modifications to This License

OpenGrowBox may publish revised versions. You may choose to use the Software under:
- The version under which You received it, OR
- Any later published version

### 13.6 Governing Law

**Governing Law**: Laws of the Federal Republic of Germany, excluding conflict of law provisions and CISG.

**Jurisdiction**:
- For OpenGrowBox claims: Any jurisdiction where You reside or do business
- For Your claims: Exclusive jurisdiction in Berlin, Germany

### 13.7 Language

This License is in English. Translations are for convenience only. In case of conflict, the English version prevails.

### 13.8 Export Compliance

You are responsible for complying with all export control and sanctions laws.

### 13.9 Survival

Sections 5 (Contributions), 8 (Trademarks), 9 (Warranty), 10 (Liability), 12 (Enforcement), and 13 (General) survive termination.

---

## 14. Definitions Summary

**For clarity, the key restrictions are**:

| You MAY | You MAY NOT |
|---------|-------------|
| ✅ Use for personal projects | ❌ Use in any business |
| ✅ Modify and customize | ❌ Sell or license |
| ✅ Study the source code | ❌ Offer as SaaS/hosting |
| ✅ Share with others (non-commercially) | ❌ Charge fees of any kind |
| ✅ Contribute improvements | ❌ Make money from it |
| ✅ Self-host for personal use | ❌ Accept donations >€500/year |

**Only OpenGrowBox can monetize the Software. Period.**

---

## 15. How to Apply This License

Include in every source file:

```
Copyright (C) [YEAR] [YOUR NAME/ORGANIZATION]

This file is part of OpenGrowBox.

Licensed under the OpenGrowBox Community License (OGBCL) v2.0.
You may use this software for non-commercial purposes only.
Commercial use requires a separate license from OpenGrowBox.

Source code: https://github.com/opengrowbox
License: https://opengrowbox.net/license
Commercial licensing: info@opengrowbox.net

Unless required by applicable law, this software is provided "AS IS",
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
```

---

## 16. Contact

**General Inquiries**: info@opengrowbox.net  
**Commercial Licensing**: commercial@opengrowbox.net  
**License Compliance**: license@opengrowbox.net  
**Website**: https://opengrowbox.net

---

**END OF LICENSE**

© 2025 OpenGrowBox. All rights reserved.

---

## Plain English Summary (Not Part of License)

**What This License Means**:

1. **The code is public** - anyone can see, study, and modify it
2. **Free for non-commercial use** - hobbyists, students, researchers can use it
3. **Commercial use is forbidden** - businesses cannot use it without paying OpenGrowBox
4. **Only OpenGrowBox makes money** - no one else can monetize the software
5. **Contributors don't get commercial rights** - you contribute for free, OpenGrowBox keeps exclusive commercial rights
6. **Share-alike for non-commercial** - if you modify and share, it stays non-commercial

**Think of it like**: "Free to use, but not free to profit from."