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End User License Agreement

Governed by the law of the Republic of Poland; an EU-established, GDPR-grounded vendor. English is the authoritative language.

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Version: 0.1 (draft) · Last updated: 2026-06-20

Non-binding draft. This is an attorney-review-ready draft that has not yet been executed. Entity fields appear as clearly-marked [PENDING …] placeholders until the registered company data is filled in and a Polish-qualified IT lawyer signs it off. The optional maintenance/SLA terms incorporated by reference are published separately at /legal/support-terms.

NOT LEGAL ADVICE — ATTORNEY-REVIEW-READY DRAFT. This document is an attorney-review-ready draft prepared for the Licensor’s internal use. It is not legal advice and is not a substitute for legal counsel. Before this document is published on the Licensor’s website, attached to any invoice, or bundled with any distribution of the Software, it must be reviewed and signed off by a Polish-qualified IT lawyer. Placeholders (in square brackets) must be replaced with real, KRS-registered company data.

End User License Agreement

Version vX.Y - YYYY-MM-DD

1. Preamble and Parties

This End User License Agreement (the “Agreement” or this “EULA”) is entered into by and between:

This Agreement governs the Licensee’s acquisition, installation, and use of the Software (as defined below) made available by the Licensor through its website at [PENDING WEBSITE] or through any other channel authorised by the Licensor.

By accepting this Agreement in any of the manners described in Chapter 3 (Acceptance), the Licensee agrees to be bound by its terms. If the Licensee does not agree, the Licensee must not install, copy, or otherwise use the Software.

2. Definitions

Capitalised terms used in this Agreement have the meanings set out below. Each capitalised term is defined exactly once in this Chapter and is used consistently throughout.

“Advertised Functionality” means the functionality of the Licensed Version as described in the user-facing documentation published by the Licensor and made available to the Licensee at the time of purchase.

“Confidential Information” means any non-public information disclosed by one Party to the other, in any form, that is identified as confidential at the time of disclosure or that a reasonable person would understand to be confidential under the circumstances, including the Software (in object and source form), the Documentation, pricing, roadmaps, security designs, and any non-public information about a Party’s business, customers, or technology.

“Documentation” means the user-facing documentation, release notes, administrator guides, and other written materials made available by the Licensor in connection with the Licensed Version.

“Effective Date” means, with respect to a given License, the earlier of (i) the date on which the Licensee first installs or uses the Software under that License, or (ii) the date of issuance of the License Confirmation Document for that License.

“License” means the right of use granted by the Licensor to the Licensee under Chapter 4 (License Grant).

“License Confirmation Document” means, collectively, (i) the invoice issued by the Licensor at the moment of purchase, and (ii) the activation key, order confirmation, or other written confirmation issued by the Licensor identifying the Licensed Version, the License Term, the Permitted Number of Instances, and any Support Plan applicable to that License.

“License Fees” means the fees payable by the Licensee for the License, as set out on the License Confirmation Document.

“License Term” means the period during which the Licensee is authorised to exercise the rights granted under this Agreement with respect to a given License. The License Term is determined by the License Confirmation Document and runs:

(a) if the License Confirmation Document specifies an end date, from the Effective Date until that end date (a “fixed-term License”); or

(b) if the License Confirmation Document does not specify an end date, from the Effective Date for an indefinite period (a “non-expiring License”),

in each case subject to earlier termination under Chapter 19 (Term and Termination).

“Licensed Version” means the version of the Software (identified by major.minor build number) identified in the License Confirmation Document.

“Maintenance Fix” means a patch, hotfix, or service release issued by the Licensor within the same major.minor version line as the Licensed Version, intended to correct defects or address security issues, and not introducing new functionality or a new major or minor version number. The Licensor has the sole right to determine whether a release is a Maintenance Fix or a New Version.

“New Version” means any release of the Software that introduces a new major or minor version number relative to the Licensed Version. New Versions are not covered by the License unless the License Confirmation Document expressly extends to them or a separate License is acquired.

“OSS Components” has the meaning given in Chapter 16 (Open-Source Components).

“OSS Licenses” has the meaning given in Chapter 16 (Open-Source Components).

“Permitted Number of Instances” means the number of installations, sites, devices, users, or other unit of use of the Software that the Licensee is permitted to deploy concurrently, as fixed by the License Confirmation Document.

“SLA Agreement” has the meaning given in Chapter 29 (Service Level and Support).

“Software” means the proprietary software product known as DHCP-DPI made available by the Licensor, including its object code, embedded documentation, configuration files, and any Maintenance Fixes the Licensor chooses to make available to the Licensee within the License Term.

“Support Plan” means the description of support services published by the Licensor on its website at /legal/support-terms at the moment of purchase, archived by reference number on the License Confirmation Document.

“Warranty Period” has the meaning given in Chapter 10 (Limited Warranty).

3. Acceptance

3.1. Methods of acceptance. The Licensee accepts and is bound by this Agreement by any of the following acts:

(a) ticking the acceptance checkbox at checkout on the Licensor’s website;

(b) accepting this Agreement at first launch or activation of the Software through the on-product acceptance dialog; or

(c) installing, copying, activating, or otherwise using the Software.

3.2. Authority to bind. The natural person clicking acceptance represents and warrants that they are duly authorised to bind the Licensee to this Agreement. Acceptance by any natural person on behalf of a legal entity binds that legal entity.

3.3. Refusal to accept. If the Licensee does not accept this Agreement, the Licensee must not install, copy, activate, or use the Software. Provided that the License has not been delivered to the Licensee — that is, the digital license file has not been downloaded — and that the request is made in writing within fourteen (14) days of the date of the License Confirmation Document, the Licensee shall be entitled to a refund of any unused License Fees paid for the License. Delivery of the digital license file is final; once it has been downloaded the License is treated as supplied in full and the License Fees are non-refundable.

3.4. Business use only. The Software is offered for use by businesses, public-sector entities, and other organisations in connection with their professional, commercial, or institutional activity. By accepting this Agreement, the Licensee represents that it is acquiring the License in direct connection with its business activity and not as a consumer.

3.5. Version of record. The version of this Agreement applicable to a given License is the version referenced on the License Confirmation Document for that License. Subsequent revisions of this Agreement do not apply retroactively to existing Licenses.

4. License Grant

4. License Grant (proprietary license terms - dedicated section)

4.1. Grant. Subject to the Licensee’s compliance with this Agreement and to the conditions set out in this Chapter, the Licensor grants to the Licensee, for the License Term, a non-exclusive, non-transferable, non-sublicensable, revocable License to install and use the Licensed Version, in object code form only, on the Permitted Number of Instances and solely for the Licensee’s internal business purposes.

4.2. Term-neutral grant. The duration of each License is determined solely by the License Confirmation Document through the License Term mechanism in Chapter 2 (Definitions). The contractual body of this Agreement is identical for all Licenses, irrespective of whether the License Term is fixed-term or non-expiring.

4.3. Conditions on the grant. The License Grant is expressly conditional upon, and contingent on, each of the following at all times:

(a) full and timely payment of all License Fees as set out on the License Confirmation Document;

(b) compliance with the Permitted Number of Instances;

(c) use only of the Licensed Version, except that the License extends to Maintenance Fixes the Licensor makes available to the Licensee within the License Term;

(d) compliance with the restrictions in Chapter 6 (Restrictions);

(e) use of the Software only in connection with the Licensee’s lawful business operations; and

(f) compliance with the license-key, activation, and entitlement mechanisms embedded in or distributed with the Software.

A breach of any condition in this Section 4.3 terminates the License automatically, in addition to any other remedy available to the Licensor.

4.4. Scope. The License covers the Licensed Version and any Maintenance Fixes within that version line that the Licensor chooses, in its sole discretion, to make available. New Versions require a separate License or a written upgrade from the Licensor.

4.5. No other rights. Except for the rights expressly granted in this Chapter, no other rights are granted to the Licensee by implication, estoppel, or otherwise. All rights not expressly granted are reserved by the Licensor.

5. Permitted Use and Permitted Number of Instances

5.1. Permitted use. The Licensee may install and run the Licensed Version on the Permitted Number of Instances and may permit its employees and contractors who have a need to know to use the Software for the Licensee’s internal business purposes, provided that the Licensee remains responsible for their compliance with this Agreement.

5.2. Permitted Number of Instances. The Permitted Number of Instances is fixed by the License Confirmation Document. Any deployment exceeding the Permitted Number of Instances constitutes a material breach of this Agreement and a breach of the conditions in Section 4.3.

5.3. Backup copies. The Licensee may make a reasonable number of back-up copies of the Software solely for archival, disaster-recovery, or operational continuity purposes, in accordance with mandatory law, including Article 75 of the Polish Act on Copyright and Related Rights.

5.4. Documentation. The Licensee may use and reproduce the Documentation as reasonably necessary to install, configure, operate, and support the Licensed Version internally, provided that all proprietary notices are preserved.

6. Restrictions

6.1. Restrictions. Except as expressly permitted by this Agreement or by mandatory law, the Licensee must not, and must not permit any third party to:

(a) reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas, algorithms, or structure of the Software, except to the maximum extent permitted by mandatory law, including without limitation Article 75 of the Polish Act on Copyright and Related Rights, where such acts are indispensable to obtain information necessary to achieve interoperability of the Software with an independently created computer program, and only after the Licensee has first requested such information from the Licensor in writing and the Licensor has not provided it on reasonable terms;

(b) modify, adapt, translate, or create derivative works of the Software, except to the maximum extent permitted by mandatory law, including the right to make corrections of errors necessary for use of the Software in accordance with its intended purpose under Article 75 of the Polish Act on Copyright and Related Rights;

(c) sell, resell, rent, lease, sublicense, distribute, transfer, assign, or otherwise make the Software available to any third party, including by way of a service-bureau, time-sharing, managed-service, or “software as a service” arrangement;

(d) remove, alter, or obscure any copyright, trademark, patent, or other proprietary notice, label, or marking on or in the Software or the Documentation;

(e) publish, disclose, or otherwise make available to any third party the results of any benchmark, performance test, comparison, or evaluation of the Software without the Licensor’s prior written consent;

(f) circumvent, disable, or otherwise interfere with any license-key, activation, entitlement, anti-tamper, or digital-rights-management mechanism distributed with or embedded in the Software, except to the maximum extent permitted by mandatory law, including Article 75 of the Polish Act on Copyright and Related Rights;

(g) use the Software in any manner that infringes the rights of any third party or violates any applicable law, including data protection, export control, or sanctions law; or

(h) use the Software to develop, train, or improve a product or service that is competitive with the Software.

6.2. Mandatory-law floor. Nothing in this Chapter limits or restricts any right of the Licensee that cannot be limited or restricted under mandatory provisions of Polish law, including, without limitation, Article 75 of the Polish Act on Copyright and Related Rights.

7. Ownership and Intellectual Property Reservation

7.1. Ownership. The Software, the Documentation, and all intellectual property rights therein, including copyrights, trademarks, trade secrets, patents, and any other proprietary rights, are and remain the exclusive property of the Licensor and its licensors. The License is a license, not a sale, and no title to or ownership of the Software is transferred to the Licensee under this Agreement.

7.2. Reservation of rights. All rights, title, and interest in and to the Software not expressly granted to the Licensee under this Agreement are reserved by the Licensor.

7.3. Licensee data. As between the Parties, the Licensee retains all rights in any data it inputs, captures, processes, or stores using the Software. Nothing in this Agreement transfers any rights in Licensee data to the Licensor, except for the limited rights expressly granted in Chapter 8 (Feedback License).

8. Feedback License

8.1. Feedback grant. If the Licensee voluntarily provides to the Licensor any suggestions, comments, ideas, recommendations, bug reports, feature requests, or other feedback regarding the Software (collectively, “Feedback”), the Licensee grants the Licensor an irrevocable, non-expiring, royalty-free, worldwide, sublicensable, transferable license to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose, including incorporation into the Software or any other product or service of the Licensor, without any obligation of attribution, accounting, or payment to the Licensee.

8.2. No obligation to provide Feedback. The Licensee is under no obligation to provide Feedback. Any Feedback provided is voluntary.

8.3. Personal data in Feedback. Feedback may include screenshots of the Software’s user interface, free-text descriptions, application context, and diagnostic information transmitted from the Licensee’s instance to the Licensor. The Licensee acknowledges that such Feedback may incidentally contain personal data and is solely responsible for ensuring that any Feedback it transmits does not contain personal data the Licensee is not authorised to disclose. The Licensor’s processing of personal data contained in Feedback is governed by Chapter 15 (Data Protection and GDPR Allocation), Section 15.4.

9. License Fees and Payment

9.1. Fees. The Licensee shall pay the License Fees set out in the License Confirmation Document in the amounts, currency, and on the schedule stated in that document or in the corresponding invoice.

9.2. Conditional grant. The License Grant is conditional upon, and takes effect only upon, full and timely payment of all License Fees due. If the Licensee fails to pay any License Fee when due and does not cure that failure within fourteen (14) days of receiving written notice from the Licensor, the Licensor may suspend the License or terminate this Agreement under Chapter 19 (Term and Termination).

9.3. Taxes. All amounts payable under this Agreement are exclusive of value-added tax, withholding tax, and any other applicable taxes, duties, or levies, which the Licensee shall pay in addition.

9.4. No refunds. Except as expressly stated in Section 3.3 (14-day pre-delivery refund window), License Fees are non-refundable.

10. Limited Warranty

10.1. Limited Warranty. The Licensor warrants solely that, for a period of thirty (30) days from the Effective Date (the “Warranty Period”), the Licensed Version will substantially conform to the Advertised Functionality. This Limited Warranty applies only to the single Licensed Version identified on the License Confirmation Document and does not extend to any prior version, subsequent version, or New Version of the Software.

10.2. Sole determiner. The Licensor shall be the sole and exclusive determiner of whether a reported issue constitutes a non-conformance with the Advertised Functionality and whether such non-conformance arises from the Software itself or from a cause external to the Software. The Licensor’s reasonable determination is final.

10.3. Sole and exclusive remedy. If, during the Warranty Period, the Licensor confirms a non-conformance covered by the Limited Warranty, the Licensee’s sole and exclusive remedy, and the Licensor’s entire liability, shall be the inclusion of a fix for that non-conformance in the next available Maintenance Fix release issued by the Licensor for the Licensed Version, in the Licensor’s reasonable discretion as to timing and form. No refund, replacement, monetary compensation, or other remedy shall be available. This is the entire warranty given by the Licensor and replaces all other warranties, whether express or implied.

10.4. Exclusions. The Limited Warranty does not apply to any defect or non-conformance arising out of or relating to:

(a) modification, customisation, or alteration of the Software by any person other than the Licensor;

(b) use of the Software in combination with hardware, software, networks, or operating environments not recommended in the Documentation or otherwise approved by the Licensor in writing;

(c) the Licensee’s failure to apply Maintenance Fixes the Licensor has made available to the Licensee;

(d) misuse, accident, neglect, or improper operation by the Licensee or any third party; or

(e) any cause external to the Software, including failures of networks, infrastructure, third-party software, hardware, or services.

10.5. Notice. To make a claim under this Limited Warranty, the Licensee must notify the Licensor in writing within the Warranty Period of the alleged non-conformance, providing reasonable detail to enable the Licensor to investigate and reproduce the issue.

10.6. AS-IS handoff. Beyond the Limited Warranty in this Chapter, the Software is provided AS IS in accordance with Chapter 11 (AS-IS Disclaimer).

11. AS-IS Disclaimer

11.1. AS-IS. EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY SET OUT IN CHAPTER 10 (LIMITED WARRANTY), AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE WILL MEET THE LICENSEE’S REQUIREMENTS.

11.2. Statutory warranty (rekojmia) excluded. THE STATUTORY WARRANTY (REKOJMIA) UNDER THE POLISH CIVIL CODE IS HEREBY EXCLUDED IN FULL TO THE MAXIMUM EXTENT PERMITTED BY ARTICLE 558 PARAGRAPH 1 OF THE POLISH CIVIL CODE. THE FOREGOING EXCLUSION DOES NOT APPLY TO DEFECTS FRAUDULENTLY CONCEALED BY THE LICENSOR (ARTICLE 558 PARAGRAPH 1, SECOND SENTENCE, OF THE POLISH CIVIL CODE) OR TO ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER MANDATORY LAW.

11.3. No reliance. The Licensee acknowledges that, in entering into this Agreement, it has not relied on any representation, warranty, or statement other than those expressly set out in this Agreement.

12. Limitation of Liability

12.1. Aggregate cap. The aggregate liability of the Licensor under or in connection with this Agreement, regardless of the legal basis (contract, tort, statutory warranty, restitution, or otherwise), shall not exceed the higher of:

(a) the License Fees actually paid by the Licensee for the Licensed Version giving rise to the claim; or

(b) the License Fees and any support fees actually paid by the Licensee to the Licensor under this Agreement during the twelve (12) months preceding the event giving rise to the claim.

12.2. Excluded categories of damage. The Licensor shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, lost profits, lost revenue, lost data, business interruption, lost opportunity, lost savings, or loss of goodwill, regardless of the legal basis and even if advised of the possibility of such damages.

12.3. Mandatory-law carve-outs. The limitations and exclusions in this Chapter do not apply to, and shall not be construed to limit:

(a) liability for damage caused intentionally (Article 473 paragraph 2 of the Polish Civil Code);

(b) liability for gross negligence (razace niedbalstwo);

(c) liability for defects fraudulently concealed by the Licensor (Article 558 paragraph 1, second sentence, of the Polish Civil Code);

(d) liability for personal injury (life or health), to the extent such liability cannot be excluded or limited under mandatory law; or

(e) any other liability that cannot be excluded or limited under mandatory provisions of Polish law.

12.4. Allocation of risk. The Parties acknowledge that the License Fees reflect the allocation of risk set out in this Chapter, and that the limitations and exclusions in this Chapter are an essential basis of the bargain between them.

13. Indemnity by Licensee

13.1. Indemnity. The Licensee shall defend, indemnify, and hold harmless the Licensor and its directors, officers, employees, and agents from and against any third-party claim, action, demand, regulatory proceeding, or investigation, and any resulting liabilities, damages, fines, penalties, settlements, costs, and expenses (including reasonable legal fees), arising out of or in connection with:

(a) the Licensee’s use or operation of the Software, including any use exceeding the License granted in Chapter 4 (License Grant);

(b) the Licensee’s processing of personal data using the Software, including any claim brought under Regulation (EU) 2016/679 (“GDPR”) or any other data protection law;

(c) the Licensee’s breach of this Agreement, including the restrictions in Chapter 6 (Restrictions); or

(d) the Licensee’s violation of any applicable law in connection with its use of the Software.

13.2. Procedure. The Licensor shall promptly notify the Licensee of any claim subject to indemnification, give the Licensee reasonable information and cooperation (at the Licensee’s expense), and grant the Licensee sole control of the defence and settlement of the claim, provided that no settlement that admits liability or imposes a non-monetary obligation on the Licensor shall be entered into without the Licensor’s prior written consent.

14. Confidentiality

14.1. Confidentiality obligation. Each Party (the “Receiving Party”) shall (a) hold in strict confidence the Confidential Information of the other Party (the “Disclosing Party”), (b) not use the Confidential Information for any purpose other than to perform under this Agreement, and (c) not disclose the Confidential Information to any third party except to its directors, officers, employees, professional advisors, or contractors who have a need to know and who are bound by confidentiality obligations no less protective than those in this Chapter.

14.2. Standard of care. The Receiving Party shall protect the Confidential Information using at least the same degree of care it uses to protect its own confidential information of similar sensitivity, and in any event no less than a reasonable degree of care.

14.3. Exceptions. The obligations in this Chapter do not apply to information that the Receiving Party can demonstrate: (a) was already publicly available without breach of this Agreement; (b) was lawfully received from a third party without confidentiality obligations; (c) was independently developed without use of or reference to the Disclosing Party’s Confidential Information; or (d) is required to be disclosed by law, regulation, or order of a court or competent authority, in which case the Receiving Party shall (where lawfully permitted) give the Disclosing Party prompt notice and cooperate with any effort to limit or challenge such disclosure.

14.4. Duration. The obligations in this Chapter survive termination of this Agreement for so long as the Confidential Information remains confidential.

15. Data Protection and GDPR Allocation

15.1. Scope and three categories of data. This Chapter allocates roles, responsibilities, and obligations between the Parties with respect to the processing of personal data within the meaning of the General Data Protection Regulation (Regulation (EU) 2016/679, “GDPR”). For the avoidance of doubt, this Chapter distinguishes three categories of data:

(a) Operational Data — personal data the Licensee inputs, captures, processes, or stores using the Software in the ordinary course of its operation on its own infrastructure (including MAC addresses, IP addresses, hostnames, vendor identifiers, DHCP option content, and any derived analytics);

(b) Support Data — personal data transmitted from the Licensee’s instance of the Software to the Licensor, or otherwise made accessible to the Licensor, through the support backchannel or any other support channel of the Software, including without limitation chat messages, screen casts and screen captures, command output and shell session content, machine-adapter requests and responses, configuration excerpts, logs, and diagnostic information; and

(c) Feedback Data — personal data contained in Feedback as defined in Chapter 8 (Feedback License), including screenshots, descriptions, application context, and diagnostic information voluntarily submitted by the Licensee through the in-product feedback function.

15.2. Operational Data

15.2.1. On-premises deployment. The Software is delivered to the Licensee for installation and operation on infrastructure controlled by the Licensee. The Licensee installs, configures, deploys, and operates the Software on its own or its customers’ networks and systems. With respect to Operational Data, the Licensor does not access, receive, or process such data in the ordinary course of operation of the Software.

15.2.2. Allocation of GDPR roles for Operational Data. With respect to Operational Data:

(a) the Licensee is the sole data controller within the meaning of Article 4(7) of the GDPR;

(b) the Licensor is neither a data controller, joint controller, nor a data processor within the meaning of Articles 4(7), 26, and 28 of the GDPR; and

(c) no Data Processing Agreement under Article 28 of the GDPR is required between the Parties for the ordinary operation of the Software.

15.3. Support Data — Limited Processor Terms

15.3.1. Roles. With respect to Support Data, the Licensee is the data controller and the Licensor acts as a data processor within the meaning of Article 28 of the GDPR, strictly on the documented instructions of the Licensee and solely for the purposes set out in Section 15.3.3. The terms of this Section 15.3 constitute the data processing terms required under Article 28(3) of the GDPR. The Licensee may request the execution of a separate, more detailed data processing agreement; until such separate agreement is executed in writing, this Section 15.3 governs.

15.3.2. Documented instructions. The Licensee’s documented instructions to the Licensor under Article 28(3)(a) of the GDPR consist of, and are limited to: (i) the per-session opt-in flags and per-channel approvals granted by the Licensee through the Software’s support-session controls (including approvals for chat, screen sharing, machine-adapter access, and shell access); (ii) requests expressly submitted by the Licensee through the support function; and (iii) any further written instructions issued by the Licensee. The Licensor shall not process Support Data for any purpose other than as instructed under this Section 15.3.

15.3.3. Purpose limitation. The Licensor shall process Support Data solely for the following purposes: (i) responding to and resolving the Licensee’s support request; (ii) diagnosing, reproducing, and fixing defects in the Software; (iii) maintaining records of support activity for security, accountability, and quality assurance; and (iv) complying with the Licensor’s own legal obligations.

15.3.4. Categories of data subjects and personal data. The categories of data subjects whose personal data may be contained in Support Data are determined by the Licensee and typically include the Licensee’s network users, administrators, and operators. The categories of personal data may include identifiers (including MAC addresses, IP addresses, and hostnames), device and vendor information, account identifiers visible in the user interface, free text entered by the Licensee, and any other personal data that the Licensee chooses to disclose through the support channel.

15.3.5. Duration and retention. The Licensor shall retain Support Data for a maximum of ninety (90) days following the end of the support session in which it was received, after which the Licensor shall delete or irreversibly anonymise such Support Data, save where a longer retention period is required by applicable law or is necessary for the establishment, exercise, or defence of legal claims.

15.3.6. Sub-processors. The Licensor processes Support Data on infrastructure controlled by the Licensor and does not engage any sub-processor for the processing of Support Data as at the Effective Date. The Licensor shall notify the Licensee in advance of any intended addition of a sub-processor for Support Data and shall provide the Licensee with a reasonable opportunity to object on reasonable data-protection grounds; the Licensor is not required to seek the Licensee’s prior consent.

15.3.7. Confidentiality and personnel. The Licensor shall ensure that personnel authorised to process Support Data are bound by an appropriate obligation of confidentiality, whether contractual or statutory.

15.3.8. Security. The Licensor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk presented by the processing of Support Data, including, where appropriate, the measures referred to in Article 32(1) of the GDPR. Without limiting the generality of the foregoing, support sessions are transport-encrypted and gated by per-channel Licensee approvals.

15.3.9. Assistance to the Licensee. Taking into account the nature of the processing and the information available to the Licensor, the Licensor shall provide reasonable assistance to the Licensee with respect to: (i) responding to requests from data subjects exercising their rights under Chapter III of the GDPR; (ii) the obligations under Articles 32 to 36 of the GDPR; and (iii) audits and inspections to the extent required under Article 28(3)(h) of the GDPR. The Licensor may charge the Licensee its reasonable costs for any such assistance that exceeds routine support, save where applicable law expressly prohibits such charging.

15.3.10. Return or deletion. Upon termination of this Agreement or earlier on the Licensee’s written request, the Licensor shall, at the Licensee’s choice, delete or return all Support Data then in its possession, save where applicable law requires continued storage.

15.3.11. No liability inflation. Nothing in this Section 15.3 shall be construed to expand the Licensor’s aggregate liability beyond the cap set out in Chapter 12 (Limitation of Liability), to the maximum extent permitted by applicable law.

15.4. Feedback Data — Limited Processor Terms

15.4.1. Roles. Feedback Data is processed by the Licensor as a data processor on behalf of the Licensee as data controller, on the same terms as Support Data set out in Section 15.3, save for the modifications set out in this Section 15.4.

15.4.2. Licensee’s redaction obligation. The Licensee is solely responsible for ensuring that the Feedback it transmits does not contain personal data the Licensee is not authorised to disclose. The Licensee shall redact, mask, or otherwise remove personal data from screenshots, free-text descriptions, application context, and diagnostic information before submission. The Licensor processes whatever Feedback Data is transmitted by the Licensee and is not required to perform redaction on the Licensee’s behalf.

15.4.3. Permitted use of Feedback content. Notwithstanding the processor relationship established in Section 15.4.1, the substantive content of Feedback (i.e., suggestions, comments, ideas, recommendations, bug reports, and feature requests, in each case excluding personal data) may be used by the Licensor under the licence granted in Chapter 8 (Feedback License). Personal data incidentally contained in Feedback Data is processed only in accordance with Section 15.3 as adapted by this Section 15.4 and shall not be used for product-improvement purposes beyond what is strictly necessary to address the matter to which the Feedback relates.

15.5. Licensee responsibilities as controller

15.5.1. With respect to all three categories of data set out in Section 15.1, the Licensee is solely responsible for: (i) determining the lawful basis for any processing carried out using the Software or through the support and feedback functions; (ii) providing all required notices to data subjects, including notices that the Licensee may transmit personal data to the Licensor through support sessions or Feedback; (iii) handling data-subject requests and complaints, with the Licensor’s assistance under Section 15.3.9 to the extent applicable; (iv) implementing appropriate technical and organisational measures under Article 32 of the GDPR within its own deployment of the Software; (v) maintaining the records of processing activities required by Article 30 of the GDPR; and (vi) complying with all other applicable data protection laws.

15.6. Licensee indemnity

15.6.1. The Licensee shall defend, indemnify, and hold harmless the Licensor against any third-party claim, regulatory action, fine, or order arising out of or in connection with: (i) the Licensee’s processing of personal data using the Software; (ii) the Licensee’s failure to obtain the lawful basis or to provide the notices referred to in Section 15.5; or (iii) the Licensee’s transmission to the Licensor of personal data the Licensee was not authorised to disclose, in each case in accordance with Chapter 13 (Indemnity by Licensee).

16. Open-Source Components

16.1. Open-source components. The Software incorporates open-source software components (the “OSS Components”) that are licensed under their respective open-source licenses (the “OSS Licenses”). The OSS Licenses, the corresponding attribution notices, and the list of OSS Components are set out in the file NOTICE (or, equivalently, THIRD_PARTY_LICENSES) distributed with the Software.

16.2. OSS Licenses govern OSS Components. The OSS Components remain governed solely by the OSS Licenses. Nothing in this Agreement is intended to limit, override, or restrict the rights granted to the Licensee under the OSS Licenses with respect to the OSS Components themselves.

16.3. Proprietary portions. The proprietary portions of the Software remain the exclusive property of the Licensor and are licensed solely under this Agreement. The OSS Licenses do not extend to, and do not narrow the License granted in Chapter 4 (License Grant) with respect to, the proprietary portions of the Software.

16.4. Conflict. In the event of any conflict between an OSS License and this Agreement with respect to a particular OSS Component, the applicable OSS License governs that OSS Component to the extent of the conflict.

17. Audit

17.1. Audit right. The Licensor may, no more than once in any twelve (12) month period and on no less than thirty (30) days’ prior written notice, audit the Licensee’s records relating to its use of the Software for the purpose of verifying compliance with this Agreement, including the Permitted Number of Instances and the License Term.

17.2. Conduct of audit. Audits shall be conducted during normal business hours, in a manner that does not unreasonably interfere with the Licensee’s business operations, and shall be limited to a review of records (including license-key, deployment, and inventory records) and shall not extend to live system access. The Licensor (or an independent auditor engaged by the Licensor and bound by confidentiality obligations no less protective than those in Chapter 14) shall handle any information obtained in the audit as Confidential Information of the Licensee.

17.3. Costs. The Licensor bears the costs of the audit, except that, if an audit reveals a material breach of this Agreement (including any deployment exceeding the Permitted Number of Instances by more than five percent (5%)), the Licensee shall (a) reimburse the Licensor for the reasonable costs of the audit, and (b) pay the additional License Fees due, calculated at the Licensor’s then-current list price.

18. Anti-Benchmarking and Anti-Circumvention

18.1. Anti-benchmarking. The Licensee must not publish, disclose, or otherwise make available to any third party the results of any benchmark, performance test, comparison, or evaluation of the Software, in whole or in part, without the Licensor’s prior written consent. The Licensor may withhold consent in its discretion.

18.2. Anti-circumvention. The Licensee must not, directly or indirectly, circumvent, disable, defeat, or otherwise interfere with any license-key, activation, entitlement, anti-tamper, or digital-rights-management mechanism distributed with or embedded in the Software, except to the maximum extent permitted by mandatory law, including Article 75 of the Polish Act on Copyright and Related Rights.

18.3. Mandatory-law floor. Section 18.2 shall be construed consistently with the mandatory user rights granted by Article 75 of the Polish Act on Copyright and Related Rights and with the restrictions and carve-outs in Chapter 6 (Restrictions).

19. Term and Termination

19.1. Term. This Agreement takes effect on the Effective Date and continues, with respect to a given License, for the duration of the applicable License Term, subject to earlier termination under this Chapter.

19.2. Automatic expiry. A fixed-term License automatically expires at the end of its License Term as fixed by the License Confirmation Document, without further notice. A non-expiring License continues until terminated under this Chapter.

19.3. Termination for breach. Either Party may terminate this Agreement (and the Licensor may terminate the License) for material breach by the other Party, provided that the non-breaching Party gives the breaching Party written notice of the breach and the breaching Party fails to cure the breach within thirty (30) days of the notice. Breaches of Chapters 4 (License Grant), 6 (Restrictions), 9 (License Fees and Payment), 14 (Confidentiality), or 18 (Anti-Benchmarking and Anti-Circumvention) are deemed material and incurable, and the Licensor may terminate immediately on notice.

19.4. Termination for insolvency. Either Party may terminate this Agreement immediately on notice if the other Party becomes insolvent, files for bankruptcy or restructuring, makes a general assignment for the benefit of its creditors, or enters into liquidation, save where mandatory law provides otherwise.

19.5. Effects of termination. Upon expiry or termination of this Agreement or of a given License:

(a) the License immediately terminates and all rights granted to the Licensee under this Agreement cease;

(b) the Licensee shall, within thirty (30) days, cease all use of the Software, uninstall and delete all copies of the Software and the Documentation in its possession or control, and (where requested by the Licensor) certify such deletion in writing; and

(c) any License Fees accrued or invoiced before termination remain due and payable.

19.6. No refund on termination for cause. No refund is owed in the event of termination by the Licensor for the Licensee’s breach.

20. Survival

20.1. Surviving provisions. Termination or expiry of this Agreement or of a given License does not relieve the Parties of any obligation that accrued before termination, and the following Chapters survive termination according to their nature: Chapter 2 (Definitions), Chapter 6 (Restrictions), Chapter 7 (Ownership and Intellectual Property Reservation), Chapter 8 (Feedback License), Chapter 9 (License Fees and Payment) with respect to amounts accrued before termination, Chapter 10 (Limited Warranty) disclaimers, Chapter 11 (AS-IS Disclaimer), Chapter 12 (Limitation of Liability), Chapter 13 (Indemnity by Licensee), Chapter 14 (Confidentiality), Chapter 15 (Data Protection and GDPR Allocation), Chapter 17 (Audit) with respect to prior periods, Chapter 18 (Anti-Benchmarking and Anti-Circumvention), Chapter 19 (Term and Termination, including effects of termination), this Chapter 20 (Survival), Chapter 21 (Force Majeure) with respect to events that occurred before termination, Chapter 23 (Assignment), Chapter 24 (Notices), Chapter 25 (Entire Agreement and Order of Precedence), Chapter 26 (Severability, No Waiver, Headings, Construction), Chapter 27 (Language), and Chapter 28 (Governing Law and Jurisdiction).

21. Force Majeure

21.1. Force majeure event. Neither Party shall be liable for any delay or failure to perform its obligations under this Agreement (other than payment obligations) to the extent such delay or failure is caused by an event beyond its reasonable control, including without limitation acts of war, hostilities, terrorism, civil unrest, pandemics or epidemics, fire, flood, earthquake, severe weather, cyberattacks, denial-of-service attacks, large-scale internet or power outages, telecommunications failures, sanctions, embargoes, governmental acts, orders, or regulations (a “Force Majeure Event”).

21.2. Notice and mitigation. The affected Party shall give prompt written notice of the Force Majeure Event to the other Party, shall use reasonable efforts to mitigate its effects, and shall resume performance as soon as reasonably practicable.

21.3. Termination for prolonged force majeure. If a Force Majeure Event continues for more than ninety (90) consecutive days, either Party may terminate this Agreement on written notice, without liability to the other.

22. Export Controls and Sanctions

22.1. Compliance. The Licensee shall comply with all applicable export-control and sanctions laws and regulations, including without limitation Council Regulation (EU) 2021/821 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items, all sanctions adopted by the European Union or the United Nations Security Council (including the EU restrictive measures concerning the Russian Federation in force from time to time), and any equivalent national-law implementation.

22.2. Restricted destinations and parties. The Licensee must not export, re-export, transfer, make available, or otherwise distribute the Software, directly or indirectly, to any destination, entity, or natural person subject to applicable embargoes or restrictive measures, or where such export, re-export, transfer, or making available would require an export licence that has not been obtained.

22.3. Representations. The Licensee represents and warrants that neither it nor any of its affiliates, beneficial owners, directors, or officers is on any list of designated, sanctioned, or restricted parties, and that it is not acting on behalf of any such designated, sanctioned, or restricted person.

23. Assignment

23.1. Assignment by Licensor. The Licensor may freely assign, novate, transfer, or sub-contract this Agreement (in whole or in part) to any third party, including in connection with a merger, acquisition, reorganisation, sale of substantially all of its assets, or affiliate transfer, without the Licensee’s consent.

23.2. Assignment by Licensee. The Licensee may not assign, novate, transfer, or otherwise dispose of this Agreement, the License, or any of its rights or obligations under this Agreement, in whole or in part, without the Licensor’s prior written consent. Any purported assignment in violation of this Chapter is void.

23.3. Successors. Subject to this Chapter, this Agreement binds and benefits the Parties and their respective permitted successors and assigns.

24. Notices

24.1. Form of notice. Any notice under this Agreement shall be in writing and shall be sent (a) by registered post or recognised courier to the address of the recipient set out on the License Confirmation Document (or, in the case of the Licensor, to its registered seat) and (b) concurrently by email to the recipient’s notice address (and, in the case of notice to the Licensor, to [PENDING LEGAL-NOTICE EMAIL]).

24.2. Deemed receipt. A notice is deemed received on the date of documented delivery of the registered post or courier item, provided that the corresponding email is sent on or before that date.

24.3. Change of address. Each Party may change its notice address by giving written notice to the other in accordance with this Chapter.

25. Entire Agreement and Order of Precedence

25.1. Entire agreement. This Agreement, together with the documents expressly incorporated by reference into it, constitutes the entire agreement between the Parties concerning its subject matter and supersedes all prior or contemporaneous proposals, communications, quotations, marketing materials, requests for proposal, sales emails, representations, and understandings, whether written or oral.

25.2. Order of precedence. In the event of conflict between documents forming part of the agreement between the Parties, the following order of precedence applies:

(1) this EULA;

(2) the License Confirmation Document, with respect to the License Term, the Permitted Number of Instances, the Licensed Version, the Support Plan, and the License Fees;

(3) the SLA Agreement, with respect to response time, resolution time, support hours, and support channels; and

(4) any other document signed by duly authorised representatives of both Parties.

25.3. Modifications. No amendment of this Agreement is effective unless made in writing and signed (or accepted electronically through the Licensor’s authorised acceptance mechanism) by duly authorised representatives of both Parties.

26. Severability, No Waiver, Headings, and Construction

26.1. Severability. If any provision of this Agreement is held to be invalid, unenforceable, or contrary to mandatory law, that provision shall be deemed severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. The Parties shall negotiate in good faith to replace the severed provision with a valid provision that achieves, as closely as possible, the original economic and legal intent.

26.2. No waiver. No failure or delay by either Party in exercising any right or remedy under this Agreement constitutes a waiver of that right or remedy. A waiver of any breach is not a waiver of any subsequent or other breach.

26.3. Headings. Chapter, section, and other headings are for convenience of reference only and do not affect the interpretation of this Agreement.

26.4. Construction. This Agreement is the product of negotiation between sophisticated commercial parties. Neither Party shall be treated as the sole drafter, and the rule of construction against the drafter does not apply. References to “including” mean “including without limitation”.

27. Language

27.1. English original. This Agreement is executed in the English language. The English version is the original and authoritative version.

27.2. Translations. Any translation of this Agreement (including into Polish) is provided for the Licensee’s convenience only and does not modify the meaning of any provision. In the event of any conflict, discrepancy, or ambiguity between the English original and any translation, the English original prevails.

28. Governing Law and Jurisdiction

28.1. Governing law. This Agreement and any non-contractual obligation arising out of or in connection with it are governed by and construed in accordance with the laws of the Republic of Poland (prawa polskiego), excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

28.2. Jurisdiction. The Parties submit to the exclusive jurisdiction of the common court (sad powszechny) competent for the registered seat of the Licensor for the resolution of any dispute, controversy, or claim arising out of or in connection with this Agreement, including its existence, validity, performance, or termination.

29. Service Level and Support

29.1. Definition of SLA Agreement. The “SLA Agreement” comprises, collectively, (i) the Support Plan published by the Licensor on its website at /legal/support-terms at the moment of purchase, archived by reference number on the License Confirmation Document, and (ii) the line item describing the Support Plan on the invoice issued to the Licensee at the moment of purchase.

29.2. Incorporation by reference. The SLA Agreement is incorporated into this Agreement by reference and forms an integral part of the contractual relationship between the Parties to the extent stated in this Chapter.

29.3. Precedence carve-out. This EULA prevails over the SLA Agreement in the event of conflict, except on matters of response time, resolution time, support hours, and support channels, where the SLA Agreement prevails.

29.4. Absent SLA fallback. If the License Confirmation Document does not list a Support Plan, the Licensor has no obligation to provide support, maintenance, updates, upgrades, or any service to the Licensee beyond the Limited Warranty in Chapter 10 (Limited Warranty).

29.5. Support Plan changes. The Licensor may revise the Support Plan menu published on its website at any time. Such revisions apply only to Licenses purchased after the revision date and do not modify the SLA Agreement applicable to existing Licenses, whose terms are fixed by the Support Plan in force at the moment of their purchase, as archived on the License Confirmation Document.

29.6. No enlargement of warranty or cap. Nothing in the SLA Agreement enlarges the Limited Warranty in Chapter 10, the AS-IS Disclaimer in Chapter 11, or the Limitation of Liability in Chapter 12, nor creates any liability beyond the limits set out in this EULA.

End of Agreement.