You should carefully read this Software License Agreement ("Agreement") prior to using, installing, copying or duplicating any FireDaemon Technologies Limited ("FDT") software products ("Software") named:
FireDaemon Pro OEM
FireDaemon Fusion OEM
FireDaemon Zero OEM
This Agreement applies to all versions of the Software whether current or obsolete, supported or unsupported.
This Software product is licensed, not sold. It is, and shall remain at all times, the absolute and unrestricted property of FDT. Nothing in this Agreement shall prejudice, impair, jeopardise or otherwise adversely affect the rights of FDT as sole and exclusive owner of the Software.
Manufacturer and Marketer
FDT Software is manufactured and marketed by:
FireDaemon Technologies Limited
90 High Street
Company Number: 05901601
Registered in England and Wales
Email: support "at" firedaemon.com.
All correspondence regarding this Agreement should be directed to the email address or address above.
Copyright and Trademark
Copyright © 1999-2020 FireDaemon Technologies Limited
All rights reserved.
FireDaemon® is a registered trademark of James Bourne in the USA and other countries.
This Software product is a copyrighted work and is protected by international copyright laws and treaties.
All efforts have been made to ensure that the Software is free from defects. The Software (including any and all accompanying software, manuals, files, data and materials) are distributed and provided "as is" without any warranty whatsoever implied or otherwise.
Indemnity and Special Conditions
You ("the Customer") hereby indemnify FDT (including all agents, distributors, sub-contractors, affiliates, branches, outlets and any other persons or companies associated with FDT worldwide) against any damages or claims that may arise from the use or misuse of the Software.
FDT hereby agrees to indemnify, defend and hold harmless You, Your affiliates, their officers, directors, shareholders, employees and representatives from and against any and all claims, demands and actions (including damages, losses, expenses, attorney's fees and litigation costs) based on a violation, misappropriation or infringement of a third party proprietary right in a patent, trademark, copyright or trade secret arising from the use of the Software.
Under no circumstances does FDT authorise you to use the Software in applications or systems where the Software's failure to perform can reasonably be expected to result in a significant physical injury or loss of life. Any such use by you is entirely at your own risk, and you agree to hold FDT harmless from any and all claims or losses relating to such unauthorised use.
In no event will FDT shall be liable for any indirect, incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, loss of data, or loss of business information) arising out of the use or inability to use the Software even if FDT has been advised of the possibility of such damages.
The Software cannot be used for any purpose, related or otherwise that involves any illegal or unauthorised attempt to gain access to any computer system, any act of racism, vandalism, persecution, terrorism, general provoked or unprovoked aggression or war nor any other illegal, malicious or criminal activity.
Further, you may not modify, enhance, supplement, create any derivative work from, adapt, translate, reverse engineer, decompile, disassemble or otherwise reduce the Software to human readable form.
For the purposes of this license a workstation or server refers to any physical computer or virtual machine ("Server") onto which an operating system is installed.
The Software may only be used after the appropriate license fees have been paid for in full. The licensee must be in possession of a license for each and every workstation or server ("Server") on which the Software is installed.
The Software is licensed in three ways:
1. END USER
End User Software Products are defined as:
The Software is licensed to the Customer for their own use on any owned, rented or leased Server in their possession.
The Software is licensed to a Customer. The Customer is permitted to lend the license to their nominated Client ("Client") to install on the Client's owned, rented or leased servers.
2. INDEPENDENT SOFTWARE VENDOR ("ISV")
ISV Software Products are defined as:
FireDaemon Pro OEM
FireDaemon Fusion OEM
FireDaemon Zero OEM
The Software is licensed to the Customer where it is embedded in a discrete software product or discrete hardware product and the Customer then sells that product on to a third party (Customer's customer).
Discrete software product is where the Software is embedded or included inside a standalone installer (MSI or equivalent) and then sold in its entirety to the Customer's customer.
Discrete hardware product is where the Software is installed as part of an application stack on a hardware appliance that is then sold in its entirety to the Customer's customer.
In either case The Customer does not normally access, configure or use the Software for any purpose outside of the ISV's intended use.
It is not permitted for the Software to be included in any free or non-commercial discrete software or discrete hardware product.
3. SERVICE PROVIDER ("SP")
SP Software Products are defined as:
The Customer shall be granted a license to use the Software on their own hardware for the use of their Clients. This may be by rental or lease to the Client.
Service provider explicitly includes Managed Service Provider (MSP), Internet Service Provider (ISP), Infrastructure as a Service (IaaS), Platform as a Service (PaaS) Software as a Service (SaaS), Game Service Provider (GSP) or any other vendor that deploys the Software on demand on their servers that are then rented to their Clients and where the client may have access to and uses the Software for their own purposes.
Compliance and Audit
On FDT's request, and at FDT's expense, FDT may conduct an audit of Customer's use of the Software. Any such audit shall be conducted during regular business hours at the Customer's facilities and shall not unreasonably interfere with Customer's business activities. If an audit reveals that Customer has underpaid in relation to the actual use of the Software, in addition to other remedies, the Customer shall be invoiced for such underpaid fees. If the underpaid fees exceed five percent (5%) of the license fees paid, then Customer shall also pay FDT's reasonable costs for conducting the audit.
A license can be transferred from the original licensee to a third party by advising FDT of the transfer in writing. This transfer can occur only once and cannot be perpetuated. Upon transfer all obligations of the original licensee are terminated and transferred to the new owner. The original licensee will immediately cease using the Software.
The ISV or SP Software license cannot be transferred under any circumstances.
If you fail to comply with any of the provisions contained herein, FDT shall have the right to terminate this Agreement immediately without prior notice or legal proceeding. FDT shall have the right to commence the appropriate legal proceeding in order to recover costs, losses and damages as a result of the failure to comply. Upon termination, you must immediately discontinue the use and redistribution of the Software.