| 1 | # Netdata for Windows End User License Agreement (EULA) |
| 2 | |
| 3 | **IMPORTANT: USE OF THIS NETDATA PACKAGE REQUIRES AN ACTIVE NETDATA |
| 4 | CLOUD COMMERCIAL SUBSCRIPTION. PLEASE REVIEW SECTION 3 BELOW FOR |
| 5 | DETAILS.** |
| 6 | |
| 7 | This End User License Agreement ("EULA") is a legal agreement between you |
| 8 | (either an individual or entity, "You" or "Licensee") and Netdata, |
| 9 | Inc. ("Netdata") regarding the Netdata software package for Microsoft |
| 10 | Windows, including the Netdata Agent, Netdata UI, associated media, |
| 11 | printed materials, and online or electronic documentation (collectively, |
| 12 | the "Software"). |
| 13 | |
| 14 | BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS EULA. |
| 15 | IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE. |
| 16 | |
| 17 | 1\. **SOFTWARE COMPONENTS AND LICENSING** |
| 18 | |
| 19 | The Software includes distinct components governed by separate licenses: |
| 20 | |
| 21 | \(a\) **Netdata Agent**: Licensed under GNU General Public License v3 or |
| 22 | later ("GPLv3+"). Your rights to use, modify, and distribute the Agent are |
| 23 | solely governed by GPLv3+. A copy is included or available at: |
| 24 | <https://www.gnu.org/licenses/gpl-3.0.en.html>. Obtain |
| 25 | source code via Netdata's GitHub repository: |
| 26 | <https://github.com/netdata/netdata>. |
| 27 | |
| 28 | \(b\) **Netdata UI**: Licensed under Netdata Cloud UI License v1.0 |
| 29 | ("NCUL1"). Rights for use and distribution of the UI are governed solely |
| 30 | by NCUL1, available |
| 31 | at: <https://app.netdata.cloud/LICENSE.txt>. |
| 32 | |
| 33 | \(c\) **Third-party Components**: Governed by respective licenses |
| 34 | included with the Software, as described in |
| 35 | <https://github.com/netdata/netdata/blob/master/REDISTRIBUTED.md>. |
| 36 | |
| 37 | 2\. **LICENSE GRANT** |
| 38 | |
| 39 | Subject to compliance with this EULA and Section 3, Netdata grants You a |
| 40 | non-exclusive, non-transferable license to install and use the Software |
| 41 | solely in conjunction with an active Netdata Cloud subscription that |
| 42 | explicitly authorizes such use. |
| 43 | |
| 44 | 3\. **NETDATA CLOUD SUBSCRIPTION REQUIREMENT** |
| 45 | |
| 46 | \(a\) **Commercial Use**: Use of this Software requires an active paid |
| 47 | commercial Netdata Cloud subscription ("Netdata Cloud Subscription"). |
| 48 | |
| 49 | \(b\) **Enforcement**: Certain features, including the Netdata UI, may |
| 50 | require authentication against your Netdata Cloud Subscription. |
| 51 | |
| 52 | \(c\) **No Subscription, No License**: Without an active Netdata Cloud |
| 53 | Subscription explicitly permitting this Software, no license is granted |
| 54 | under this EULA. Your license terminates immediately if your |
| 55 | subscription expires, is terminated, or no longer qualifies. |
| 56 | |
| 57 | \(d\) **Netdata Cloud Terms**: Your subscription is governed by the |
| 58 | Netdata Cloud Terms of Service, incorporated herein by reference: |
| 59 | <https://www.netdata.cloud/terms/>. |
| 60 | |
| 61 | 4\. **RESTRICTIONS** |
| 62 | |
| 63 | Except as permitted by GPLv3+ (Agent) and NCUL1 (UI), You may not: |
| 64 | |
| 65 | • Reverse engineer, decompile, or disassemble the Software, unless |
| 66 | expressly permitted by law. |
| 67 | |
| 68 | • Rent, lease, lend, or sublicense the Software. |
| 69 | |
| 70 | • Use the Software in violation of the subscription requirement. |
| 71 | |
| 72 | • Remove or obscure proprietary notices in the Software. |
| 73 | |
| 74 | 5\. **TERM AND TERMINATION** |
| 75 | |
| 76 | This EULA remains effective until terminated. It terminates immediately |
| 77 | upon your non-compliance, including loss of your Netdata Cloud |
| 78 | Subscription. Upon termination, cease using and destroy all copies of |
| 79 | the Software. Termination of this EULA does not affect your rights to |
| 80 | individual components under their respective licenses if obtained |
| 81 | separately. |
| 82 | |
| 83 | 6\. **DISCLAIMER OF WARRANTIES** |
| 84 | |
| 85 | THE SOFTWARE IS PROVIDED "AS IS," WITHOUT ANY WARRANTY, EXPRESS OR |
| 86 | IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A |
| 87 | PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NETDATA DOES NOT WARRANT |
| 88 | UNINTERRUPTED OR ERROR-FREE SOFTWARE OPERATION. |
| 89 | |
| 90 | 7\. **LIMITATION OF LIABILITY** |
| 91 | |
| 92 | NETDATA AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, |
| 93 | INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING LOSS OF |
| 94 | PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, ARISING FROM SOFTWARE |
| 95 | USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABILITY |
| 96 | OF LIMITATIONS MAY VARY BY JURISDICTION. |
| 97 | |
| 98 | 8\. **GOVERNING LAW** |
| 99 | |
| 100 | This EULA is governed by the laws of the State of Delaware, USA, without |
| 101 | regard to conflict of law principles. |
| 102 | |
| 103 | 9\. **ENTIRE AGREEMENT** |
| 104 | |
| 105 | This EULA, including incorporated Netdata Cloud Terms of Service and |
| 106 | relevant component licenses (GPLv3+, NCUL1), constitutes the complete |
| 107 | agreement between You and Netdata concerning this Software package, |
| 108 | superseding prior communications and agreements. |
| 109 | |
| 110 | 10\. **CONTACT INFORMATION** |
| 111 | |
| 112 | Questions or communications regarding this EULA may be directed to |
| 113 | Netdata: <https://www.netdata.cloud/contact/>. |