Please read this Agreement carefully. By installing, copying, running or otherwise using KeshOS Workstation, you confirm that you have read and accept its terms. If you do not agree, do not install or use the Software.
1. Definitions
1.1. Software means the KeshOS Workstation operating system, including its distribution image, components, updates, documentation and built-in services, excluding Third-Party Software.
1.2. Licensors means the authors of the Software, individuals acting jointly under the name SneakDeak Technologies: Aleksei Dmitrievich Reimarov, Nikita Andreevich Konev, Daniil Andreevich Kepenko. The Licensors are represented in dealings with the User by Nikita Andreevich Konev (also "we").
1.3. User means an individual who has accepted this Agreement (also "you").
1.4. Original Distribution means the unmodified Software installation image published by the Licensors on the official website kesh.sneakdeak.net.
1.5. Open Components means those parts of the Software's source code that the Licensors have expressly published as open, with the applicable license stated.
1.6. SDA Account means an account in the SneakDeak Account service.
1.7. Catalog means the application catalog built into the Software.
1.8. Third-Party Software means software created by third parties, including software distributed through the Catalog or installed by the User independently.
1.9. SneakDeak Products means the Software, the SDA Account and any other software and services distributed by the Licensors under the SneakDeak name.
2. Nature and Acceptance of the Agreement
2.1. This Agreement is a license agreement concluded by accession (Article 1286.1 of the Civil Code of the Russian Federation). Acceptance occurs by installing, copying, running or otherwise using the Software, or by clicking "I Accept" in the installer.
2.2. The license is granted free of charge.
2.3. The Software is licensed, not sold. All exclusive rights to the Software belong to the Licensors. The User receives only the right of use within the limits expressly stated in this Agreement. Anything not expressly permitted is prohibited.
3. License Grant
3.1. The Licensors grant the User a non-exclusive, non-transferable, royalty-free, worldwide license to use the Software for the term of the exclusive right, unless terminated earlier under Section 13.
3.2. The license is granted solely for personal use not related to business activities.
3.3. Any other use, including commercial use, use within organizations, and incorporation of the Software or any part of it into other projects or products, requires the Licensors' prior written permission.
4. Permitted Actions
Within personal use, the User may:
4.1. Install the Software on an unlimited number of devices that the User owns or lawfully uses.
4.2. Make backup copies of the Software.
4.3. Modify the Software, study its operation, decompile it and otherwise reverse engineer it, solely for personal use and without distributing the results.
4.4. Distribute copies of the Original Distribution (including via mirrors and physical media) free of charge, provided the distribution is unmodified and this Agreement is retained.
4.5. Use the Open Components in accordance with Section 6.
5. Prohibited Actions
The User shall not:
5.1. Distribute modified versions of the Software, parts of the Software (other than Open Components), or the results of modification or decompilation.
5.2. Sell, rent, lease or sublicense the Software or copies of the Original Distribution, or charge a fee for distributing them.
5.3. Present the Software or any part of it as the User's own work, or remove or alter authorship information, rights notices or this Agreement.
5.4. Use the Software or any part of it in other projects or products without the permission referred to in Section 3.3.
5.5. Use the Software for purposes that violate applicable law.
5.6. Circumvent technical protection measures and blocking mechanisms related to the SDA Account, the Catalog or the update service.
5.7. Nothing in this Agreement limits any User rights that cannot be restricted by contract under applicable law, including the right to decompile for interoperability (Article 1280 of the Civil Code of the Russian Federation).
6. Open Components
6.1. The Open Components and their applicable licenses are listed in the repository at github.com/daniladevoctopus/kesh-os
6.2. Open Components may be modified and used, including in other projects, under the terms of their stated license. With respect to the Open Components, the terms of their license prevail over this Agreement.
6.3. Permissions relating to the Open Components do not extend to the rest of the Software.
7. Names and Logos
7.1. The names and logos KeshOS, KeshOS Workstation and SneakDeak (the "Marks") belong to the Licensors.
7.2. The Marks may be mentioned in reviews, articles, videos and other materials about the Software, provided this does not create the impression that the material is issued or endorsed by the Licensors.
7.3. The Marks shall not be used in modified builds of the Software, in derivative products, or in the names of projects, domains or accounts without written permission.
8. SDA Account and Data
8.1. Using the Software does not require an SDA Account. Certain features (including the Catalog and synchronization) may be available only when signed in to an SDA Account.
8.2. The Software transmits limited technical data (telemetry). The data collected, purposes of processing, retention periods, ways to disable telemetry and the User's rights are described in the Privacy Policy: kesh.sneakdeak.net/policy. The Privacy Policy forms an integral part of this Agreement.
8.3. Use of the SDA Account is also governed by its terms of use: account.sneakdeak.net/policy.
9. Updates
9.1. By default, the Software automatically downloads and installs updates. The User may disable automatic updates in the settings.
9.2. Disabling updates may result in security vulnerabilities and incompatibility with the Catalog and services. The Licensors are not responsible for the consequences of disabling updates.
9.3. Updates form part of the Software and are used under this Agreement as in effect at the time of their installation.
10. Catalog and Third-Party Software
10.1. The User may install Third-Party Software both from the Catalog and from other sources.
10.2. Third-Party Software is distributed under the licenses of its respective rights holders. The Licensors are not parties to those licenses, do not exhaustively review Third-Party Software, and are not responsible for its operation, security or the consequences of its use.
10.3. The Licensors may remove any application from the Catalog at any time.
11. Age Requirements
11.1. The Software and the SDA Account are intended for persons aged 13 and over.
11.2. Persons under 13, and persons below the age at which the law of their country allows them to consent to the processing of personal data on their own, may use the Software and the SDA Account only with the consent of a parent or other legal guardian, who accepts this Agreement on their behalf and is responsible for compliance with its terms.
12. Disclaimer of Warranties and Limitation of Liability
12.1. The Software is provided "as is" and "as available", without any express or implied warranties, including warranties of operability, freedom from errors, fitness for a particular purpose and hardware compatibility.
12.2. The Licensors are not liable for loss of or damage to data, failures, downtime, hardware damage, lost profits or any other direct or indirect damages arising in connection with the use of or inability to use the Software, the Catalog, Third-Party Software or updates.
12.3. The User is solely responsible for backing up their data.
12.4. The limitations in this Section apply to the maximum extent permitted by applicable law and do not apply where exclusion of liability is prohibited by law (including for intentional breach).
13. Violations and Termination
13.1. Upon discovering a violation of this Agreement, the Licensors will send the User a notice (via the SDA Account, by email or by other available means) describing the violation and requiring it to be remedied within a reasonable period of no less than 14 days.
13.2. The license terminates without further notice if:
- the User refuses to remedy the violation or fails to remedy it within the set period; or
- the User commits a repeated violation after a notice has previously been sent.
13.3. Upon termination:
- the User must stop using the Software and delete all copies of it, including modified ones;
- the Licensors may permanently block the User's SDA Account, access to updates and the Catalog, and access to all SneakDeak Products;
- the User may not re-accept this Agreement or create a new SDA Account without the Licensors' written consent.
13.4. The User may terminate this Agreement at any time by ceasing to use the Software and deleting all copies of it.
13.5. Sections 5, 7, 12, 13, 15 and 16 survive termination.
14. Changes to the Agreement
14.1. The Licensors may amend this Agreement. The User will be notified of a new version within the Software, usually when installing an update.
14.2. A new version applies to the User once accepted. If the User does not accept the new version, the User may continue to use the previously installed version of the Software under the previous terms, without receiving updates or using the Catalog, or may stop using the Software.
15. Governing Law and Dispute Resolution
15.1. This Agreement is governed by the law of the Russian Federation.
15.2. Disputes shall be resolved through negotiations. To this end, a party sends a written request to the other party, including to lesare1.456@gmail.com.
15.3. If a dispute is not settled within 30 days of receipt of the request, it shall be referred to the court at the location of the Licensors (the Licensors' representative) in Moscow.
15.4. This Section applies unless otherwise required by mandatory rules of law protecting the User.
16. Language Versions
16.1. This Agreement is made in Russian and English. Both versions have equal legal force.
16.2. Both versions are intended to express the same content. In the event of any discrepancy, the provision shall be interpreted in accordance with the overall meaning and purposes of this Agreement.
17. Miscellaneous
17.1. If any provision of this Agreement is held invalid, the remaining provisions remain in effect.
17.2. Failure by the Licensors to enforce any right in connection with a violation does not waive that right.
17.3. The User may not transfer their rights under this Agreement to third parties.
17.4. Contact for permissions, notices and inquiries: lesare1.456@gmail.com, kesh.sneakdeak.net.