# END USER LICENSE AGREEMENT **TenkaSystem Installer and Tenka System Software** **Effective Date:** May 9, 2026 **Version:** 1.0 **Licensor:** Tenka Software Studio ("Tenka," "we," "us," or "our") **Contact:** legal@tenkasystem.com | PO Box 62, Hoytville, OH 43529 --- ## NOTICE THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGALLY BINDING CONTRACT BETWEEN YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY, "YOU" OR "LICENSEE") AND TENKA SOFTWARE STUDIO. BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY. --- ## 1. DEFINITIONS **1.1 "Software"** means the TenkaSystem Installer, the Tenka Window host application, the Tenka command-line interface (CLI), the graphical user interface (GUI) panels, all associated executables, scripts, configuration files, documentation, and any updates, patches, or new versions provided by Tenka. **1.2 "Substrate"** means the cryptographic and governance architecture underlying the Software, including but not limited to identity anchoring, chain attestation, cryptographic signing, and provenance recording. **1.3 "TSAIF Anchor"** means the locally stored identity artifact generated during installation, including a Genesis Unique IDentification value, an Ed25519 cryptographic keypair, and associated metadata. **1.4 "Chain Entry"** means a hash-chained, cryptographically signed record of a Software operation, stored locally on Your device and, where applicable, transmitted to Tenka's backend services. **1.5 "Operational Data"** means data generated by Your use of the Software, including operation type, timestamps, target file metadata, request and response captures, chain entry hashes, and reference codes, but excluding the content of files You sign, verify, or process locally unless explicitly transmitted to Tenka. **1.6 "Documentation"** means user manuals, installation guides, specifications, and any other materials provided with the Software in any format. --- ## 2. LICENSE GRANT **2.1 Grant.** Subject to Your compliance with this Agreement, Tenka grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software solely for Your internal business or personal purposes during the term of this Agreement. **2.2 Permitted Use.** You may: (a) Install the Software on devices You own or control; (b) Use the Software to generate TSAIF Anchors, sign and verify files, record chain entries, and perform other operations supported by the Software; (c) Export and share signed artifacts and credentials produced by the Software; (d) Make a reasonable number of backup copies of the Software for archival purposes. **2.3 Reservation.** All rights not expressly granted in this Agreement are reserved by Tenka. The Software is licensed, not sold. No title or ownership in the Software transfers to You. --- ## 3. RESTRICTIONS You shall not, and shall not permit any third party to: (a) Copy, modify, adapt, translate, or create derivative works of the Software, except as expressly permitted by law notwithstanding this restriction; (b) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying ideas of the Software, except to the extent such activity is expressly permitted by applicable law notwithstanding this restriction; (c) Rent, lease, lend, sell, sublicense, distribute, publish, transfer, or otherwise make the Software available to any third party; (d) Remove, alter, or obscure any proprietary notices, labels, or marks on the Software or Documentation; (e) Use the Software to develop a competing product or service, or to benchmark the Software against competing products without Tenka's prior written consent; (f) Use the Software in violation of any applicable law, regulation, or third-party right; (g) Attempt to bypass, disable, or circumvent any authentication, signing, chain integrity, or other security mechanism of the Software; (h) Forge, falsify, or tamper with chain entries, signatures, or provenance metadata, or attempt to misattribute operations to another user's TSAIF Anchor; (i) Use the Software to process, sign, or distribute content that is unlawful, defamatory, obscene, infringing, or that violates the rights of any third party; (j) Use the Software in any application where failure could reasonably be expected to result in death, personal injury, or severe physical or environmental damage, including life support, nuclear, aviation, or weapons systems. --- ## 4. INSTALLATION AND IDENTITY ANCHORING **4.1 TSAIF Generation.** During installation, the Software collects identity information You provide (including name, optional pronouns, cultural origin, and contact information) and uses that information to deterministically generate a TSAIF Anchor on Your local device. The Genesis Unique IDentification value is derived from Your name inputs using a cryptographic hash function (SHA-256) and is reproducible from the same inputs. *[REVISION NOTE for Hunter: SHA-256 of a name pair is a cryptographic identifier, not a biometric identifier under GDPR Article 9 or CCPA. Confirm with one sentence during legal review.]* **4.2 Local Storage.** Your TSAIF Anchor, including the private cryptographic key, is stored locally on Your device. You are solely responsible for safeguarding Your private key and the integrity of Your installation directory. Tenka does not have access to Your private key. **4.3 Account Creation.** Installation may include creating an account with Tenka's backend services. Account creation requires a valid email address and password. You are responsible for maintaining the confidentiality of Your account credentials. **4.4 Email Verification.** Tenka may send verification codes to the email address You provide for the purpose of confirming account ownership and preventing fraudulent registration. --- ## 5. CHAIN ATTESTATION AND OPERATIONAL DATA **5.1 Local Chain.** The Software records each operation You perform as a chain entry stored locally on Your device. Chain entries are hash-linked such that tampering with any entry breaks the chain downstream. **5.2 Backend Transmission.** Certain operations (including but not limited to peer attestation requests, session exports, and signed pings) transmit chain entry metadata to Tenka's backend services. The content transmitted is described in Tenka's Privacy Policy. **5.3 No Content Transmission By Default.** The Software does not transmit the content of files You sign, verify, or process locally to Tenka's backend services, except where You explicitly invoke a feature that requires such transmission (for example, session export with email delivery, or signed pings against an endpoint of Your choosing). *[REVISION NOTE for Hunter: §5.1-5.3 is the most legally exposed clause in the bundle. The "no content transmission by default" disclosure must align exactly with how the code behaves. Confirm during review that the eight CLI commands do not transmit file content outside the explicitly-invoked features.]* --- ## 6. AI TRAINING AND MODEL IMPROVEMENT **6.1 Disclosure.** Tenka develops artificial intelligence and machine learning systems intended to operate within the Tenka substrate. To support the development, evaluation, and improvement of those systems, Tenka may process Operational Data generated by Your use of the Software. **6.2 Scope of Permitted Use.** You grant Tenka a non-exclusive, royalty-free, worldwide license to process Operational Data for the following purposes: (a) Operating, maintaining, securing, and improving the Software and Tenka's services; (b) Developing, training, evaluating, and refining artificial intelligence and machine learning models, governance automations, and substrate functions that are part of Tenka's products and services; (c) Conducting research and analytics, provided that any published research uses only aggregated or de-identified data; (d) Detecting and preventing fraud, abuse, security incidents, and violations of this Agreement; (e) Complying with legal obligations and enforcing Tenka's rights. **6.3 De-identification and Aggregation.** Before using Operational Data for the purposes described in Section 6.2(b) and 6.2(c), Tenka will use commercially reasonable efforts consistent with industry-standard practices to aggregate or de-identify the data such that it does not identify You as a natural person. Tenka will not attempt to re-identify de-identified data except as required by law. **6.4 Excluded Content.** Tenka does not use the content of files You sign, verify, or process locally for AI training purposes unless that content is transmitted to Tenka's backend services through a feature You explicitly invoke and where the feature's description discloses such use. **6.5 Opt-Out.** Where required by applicable law, You may opt out of the use of Your Operational Data for AI training purposes by contacting Tenka at optout@tenkasystem.com. Opt-out does not affect Tenka's ability to process data necessary to provide the Software to You, to comply with legal obligations, or to enforce this Agreement. **6.6 Output Ownership.** Tenka retains all right, title, and interest in any models, weights, embeddings, fine-tuned variants, derivative datasets, and improvements developed in whole or in part using Operational Data. Nothing in this Section transfers ownership of Your underlying personal data, which remains subject to the rights and protections set forth in Tenka's Privacy Policy and applicable law. *[REVISION NOTE for Hunter: §6.6 model-ownership clause is standard for vendors but contentious in jurisdictions with stronger user-data rights (EU, Brazil, Quebec). Confirm enforceability during review and add jurisdiction-specific carve-outs if needed.]* **6.7 Paid-Tier and Token-Based Access.** Where Tenka offers paid-tier accounts, token-based access mechanisms, or memberships (including cross-system memberships and educational tier participation) with training-data exemption terms, those terms supersede the AI training provisions of this Section for the duration of the paid relationship or token-gated access period. Specific exemption mechanics are described at the point of purchase, in a separate enterprise agreement, or in the terms governing the specific membership program. --- ## 7. UPDATES AND VERSIONING **7.1 Updates.** Tenka may, at its discretion, provide updates, patches, new versions, or bug fixes to the Software. Such updates may modify or remove features. Updates are governed by this Agreement unless a separate license is provided with the update. **7.2 Substrate Versioning.** The Software may reference substrate version identifiers (for example, V0.1.9, V0.1.10). Substrate versions reflect changes to underlying cryptographic and governance specifications. You agree that Tenka may release substrate version updates that affect chain entry format, hashing rules, or signing behavior, and that backward compatibility is maintained on a best-effort basis only. **7.3 No Obligation to Update.** Tenka has no obligation to provide updates, support, or maintenance unless expressly stated in a separate written agreement. --- ## 8. INTELLECTUAL PROPERTY **8.1 Tenka IP.** The Software, the Substrate, all related documentation, the Tenka name, logos, trade dress, and any other Tenka materials are the exclusive property of Tenka and its licensors and are protected by copyright, trademark, trade secret, patent, and other intellectual property laws. No rights are transferred to You other than as expressly set forth in this Agreement. **8.2 Open Specification, Proprietary Implementation.** Certain substrate specifications (including but not limited to TSAIF-001, canonical serialization rules, and chain entry format) may be published by Tenka under separate open or permissive licensing terms. The Software's implementation of those specifications remains proprietary and is licensed only under this Agreement. *[REVISION NOTE for Hunter: §8.2 implements the open-substrate, proprietary-implementation split (Linux/Red Hat economic model). Confirm the language doesn't accidentally release proprietary implementation under any open license. This is where dual-licensing companies most often need legal review.]* **8.3 Feedback.** If You provide Tenka with feedback, suggestions, or ideas about the Software, You grant Tenka a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use such feedback for any purpose without obligation to You. **8.4 Your Content.** You retain ownership of the content of files You process with the Software. This Agreement does not transfer ownership of Your content to Tenka. --- ## 9. PRIVACY Your use of the Software is also governed by Tenka's Privacy Policy, available at tenkasystem.com/privacy and incorporated by reference into this Agreement. The Privacy Policy describes how Tenka collects, uses, discloses, and protects information about You. --- ## 10. WARRANTIES AND DISCLAIMERS **10.1 Limited Warranty.** Tenka warrants that, for a period of thirty (30) days from the date You first install the Software, the Software will perform substantially in accordance with the Documentation under normal use. Your sole remedy for breach of this warranty is, at Tenka's option, repair, replacement, or refund of any fees paid for the Software. **10.2 DISCLAIMER.** EXCEPT FOR THE LIMITED WARRANTY IN SECTION 10.1, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TENKA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. **10.3 No Guarantee of Cryptographic Security.** WHILE THE SOFTWARE USES INDUSTRY-STANDARD CRYPTOGRAPHIC PRIMITIVES (ED25519, SHA-256), TENKA DOES NOT WARRANT THAT THE SOFTWARE IS IMMUNE TO ALL ATTACKS, THAT KEYS CANNOT BE COMPROMISED THROUGH USER ERROR OR DEVICE COMPROMISE, OR THAT CRYPTOGRAPHIC PRIMITIVES WILL REMAIN UNBROKEN INDEFINITELY. **10.4 AI Output Disclaimer.** WHERE THE SOFTWARE INCORPORATES ARTIFICIAL INTELLIGENCE OR MACHINE LEARNING OUTPUTS, SUCH OUTPUTS MAY BE INACCURATE, INCOMPLETE, OR MISLEADING. YOU ARE RESPONSIBLE FOR INDEPENDENTLY VERIFYING AI-GENERATED OUTPUTS BEFORE RELYING ON THEM FOR ANY PURPOSE. **10.5 Jurisdictional Limitations.** Some jurisdictions do not allow the exclusion of certain warranties; the above exclusions apply to the maximum extent permitted by law. --- ## 11. LIMITATION OF LIABILITY **11.1 Exclusion of Indirect Damages.** TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TENKA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF USE, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF TENKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. **11.2 Aggregate Cap.** TENKA'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO TENKA FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE THOUSAND U.S. DOLLARS (US$1,000). **11.3 Carve-outs.** The limitations in this Section 11 do not apply to (a) Your indemnification obligations under Section 12, (b) Your breach of Section 3 (Restrictions), or (c) liability that cannot be limited under applicable law. --- ## 12. INDEMNIFICATION You agree to defend, indemnify, and hold harmless Tenka, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) Your use of the Software in violation of this Agreement, (b) Your violation of any law or third-party right, (c) content You process, sign, verify, or distribute using the Software, or (d) Your gross negligence or willful misconduct. --- ## 13. TERM AND TERMINATION **13.1 Term.** This Agreement is effective upon Your acceptance and continues until terminated. **13.2 Termination by You.** You may terminate this Agreement at any time by uninstalling the Software and ceasing all use. **13.3 Termination by Tenka.** Tenka may terminate this Agreement immediately upon notice if You breach any material term and fail to cure within thirty (30) days, or immediately without notice if You breach Section 3 (Restrictions) or Section 6 (in the case of material misuse). **13.4 Effect of Termination.** Upon termination, Your license ends and You must uninstall and destroy all copies of the Software in Your possession. Sections 1, 6.6, 8, 10, 11, 12, 14, 15, and 16, together with any other provision that by its nature should survive, will survive termination. **13.5 Treatment of TSAIF and Chain Entries on Termination.** Locally stored TSAIF Anchors and chain entries remain on Your device after termination. Tenka's treatment of associated backend records is governed by the Privacy Policy and applicable law. --- ## 14. GOVERNING LAW AND DISPUTE RESOLUTION **14.1 Governing Law.** This Agreement is governed by the laws of the State of Ohio, United States of America, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. **14.2 Venue.** Subject to Section 14.3, the state and federal courts located in Wood County, Ohio have exclusive jurisdiction over any dispute arising out of or related to this Agreement, and You consent to personal jurisdiction in those courts. **14.3 Informal Resolution.** Before filing any claim, You agree to attempt to resolve the dispute informally by contacting Tenka at legal@tenkasystem.com and allowing thirty (30) days for resolution. **14.4 Binding Individual Arbitration.** Except as provided in Section 14.6, any dispute, claim, or controversy arising out of or related to this Agreement or the Software (each, a "Dispute") that is not resolved through the informal process in Section 14.3 will be resolved exclusively through final and binding individual arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (or its Streamlined Rules where the amount in controversy is below the JAMS threshold), as modified by this Section. (a) **Arbitrator.** A single arbitrator will be selected in accordance with the JAMS rules. The arbitrator has exclusive authority to resolve all threshold issues, including arbitrability, scope, formation, and enforceability of this arbitration provision, except that a court of competent jurisdiction will decide any challenge to the enforceability of the class action waiver in Section 14.5. (b) **Seat and Hearing.** The seat of arbitration is Wood County, Ohio. Arbitration may be conducted in person, by video conference, by telephone, or based on written submissions, at the election of the party initiating the proceeding for claims of US$25,000 or less, and otherwise as the arbitrator directs. (c) **Governing Rules.** The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of this Section. Substantive law is determined per Section 14.1. (d) **Costs and Fees.** Each party bears its own attorneys' fees and costs except as the arbitrator may award under applicable law. Filing and arbitrator fees are allocated per the JAMS rules; where applicable consumer rules require Tenka to bear a greater share of consumer arbitration fees, Tenka will do so. (e) **Award.** The arbitrator's award is final and binding. Judgment on the award may be entered in any court of competent jurisdiction. **14.5 Class Action Waiver.** TO THE EXTENT PERMITTED BY LAW, YOU AND TENKA EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THIS CLASS ACTION WAIVER IS HELD UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN THAT CLAIM WILL BE SEVERED FROM ARBITRATION AND BROUGHT IN THE COURTS DESCRIBED IN SECTION 14.7, AND ALL OTHER CLAIMS WILL REMAIN IN ARBITRATION. **14.6 Carve-outs.** Notwithstanding Section 14.4, either party may (a) bring an individual claim in small claims court in a court of competent jurisdiction so long as the claim remains there; (b) seek injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, breach of confidentiality, or violation of Section 3 (Restrictions); and (c) participate in any government investigation or proceeding. **14.7 Court Venue for Carve-out and Severed Claims.** For any matter not subject to arbitration under this Section, the state and federal courts located in Wood County, Ohio have exclusive jurisdiction, and You consent to personal jurisdiction there. The parties waive any right to a jury trial for such matters. **14.8 30-Day Opt-Out Right.** You may opt out of the arbitration agreement in Section 14.4 by sending written notice to PO Box 62, Hoytville, OH 43529 or by email to legal@tenkasystem.com within thirty (30) days of first accepting this Agreement. The notice must include Your name, the email address associated with Your Account, and a clear statement that You wish to opt out of arbitration. Opting out does not affect any other provision of this Agreement, including Section 14.5 (Class Action Waiver) and Section 14.7 (Court Venue). --- ## 15. EXPORT CONTROL AND SANCTIONS The Software may be subject to U.S. export control laws and regulations. You represent that You are not located in, under the control of, or a national or resident of any country or person on any U.S. government restricted-party list. You will not export, re-export, or transfer the Software in violation of applicable export laws. --- ## 16. GENERAL **16.1 Entire Agreement.** This Agreement, together with the Privacy Policy and any Terms of Service incorporated by reference, constitutes the entire agreement between You and Tenka regarding the Software and supersedes all prior or contemporaneous agreements. **16.2 Amendments.** Tenka may modify this Agreement by providing notice through the Software or by other reasonable means. Continued use after the effective date of any modification constitutes acceptance. **16.3 Severability.** If any provision is held unenforceable, the remaining provisions remain in full force. **16.4 Waiver.** No waiver is effective unless in writing signed by Tenka. Failure to enforce any provision is not a waiver. **16.5 Assignment.** You may not assign this Agreement without Tenka's prior written consent. Tenka may assign this Agreement to an affiliate or in connection with a merger, acquisition, or sale of assets. **16.6 Force Majeure.** Neither party is liable for delays or failures caused by events beyond reasonable control. **16.7 Notices.** Notices to Tenka must be sent to PO Box 62, Hoytville, OH 43529. Tenka may provide notice to You through the Software or by email. **16.8 Government End Users.** The Software is "commercial computer software" under FAR 12.212 and DFARS 227.7202. U.S. government end users acquire only those rights set forth in this Agreement. **16.9 Headings.** Section headings are for convenience only and do not affect interpretation. --- **ACCEPTANCE OF THIS AGREEMENT IS RECORDED AS A CHAIN ENTRY SIGNED PRE-TSAIF GENERATION DURING INSTALLATION. THE ACCEPTANCE EVENT INCLUDES A TIMESTAMP, AGREEMENT VERSION, AND DEVICE FINGERPRINT, AND CONSTITUTES YOUR ELECTRONIC SIGNATURE UNDER THE U.S. ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT (E-SIGN) AND COMPARABLE LAWS.** *[REVISION NOTE for Hunter: Chain-attested acceptance as electronic signature is a novel implementation of E-SIGN Act consent capture. Confirm the system satisfies the "system used was capable of retaining the record" requirement (15 U.S.C. § 7001(c)(1)(C)(ii)) during legal review.]* *End of End User License Agreement.*