End User License Agreement (EULA)

Scope

This End User License Agreement ("Agreement") is a contract between Takanori Nagashima, operating as ARCH-Insight ("Licensor", "we"), and you ("Licensee", "you") governing the use of the ARCH-Insight software ("Software"):

• Part A applies to the apps and client software: the apps for Android (Google Play), Windows (Microsoft Store), the Linux packages, the collector agent and the command-line tools. For the apps for iPhone, iPad and Mac obtained from the App Store, section A4 applies.
• Part B applies to self-hosted (on-premise) installations of the ARCH-Insight server software, which are licensed only under a separate written order.
• Part C applies to both.

The use of the hosted service itself is governed by our Terms of Service.

Part A: Apps and client software

A1. Grant of licence

Subject to your compliance with this Agreement, we grant you a non-exclusive, non-transferable, non-sublicensable licence, free of charge, to install and use the Software on devices that you own or control, solely to access and use the ARCH-Insight service in accordance with the Terms of Service. Apps obtained from an app store may additionally be used only as permitted by that store's usage rules.

A2. Restrictions

You shall not, and shall not permit any third party to:

• reproduce, modify, translate or adapt any part of the Software, except as needed for its intended use;
• reverse engineer, decompile or disassemble the Software or otherwise attempt to recover its source code, except where and to the extent the law expressly permits this (§§ 69d and 69e of the German Copyright Act);
• rent, lease, lend, sell, redistribute or sublicense the Software, or make it available over a network to third parties.

A3. Updates and third-party components

We may provide updates; some features may require the current version. The Software contains third-party components, which are licensed under their own terms. Nothing in this Agreement restricts rights you have under those terms.

A4. Apps obtained from the Apple App Store

For the apps for iPhone, iPad and Mac obtained from the App Store, the licence to use the app is granted under Apple's standard Licensed Application End User License Agreement (apple.com/legal/internet-services/itunes/dev/stdeula), and not under A1 to A3. That agreement is concluded between you and us; Apple is not a party to it. The use of the ARCH-Insight service reached through the app is governed by our Terms of Service. Questions, complaints or claims about the app should be sent to us at the address in section C4.

For apps obtained from Google Play or the Microsoft Store, the terms of that store apply in addition to Part A.

Part B: Self-hosted installations

B1. Grant of licence

1. Subject to your compliance with this Agreement and payment of the agreed fee, we grant you a non-exclusive, non-transferable and non-sublicensable licence to use the Software for the term agreed in the order.

2. You may install and run the Software only on the designated environment (a single server or container environment identified by a specific UUID embedded inside the Software).

B2. Prohibitions

In addition to A2, you shall not, and shall not permit any third party to:

• reproduce, modify, translate or adapt any part of the Software (including Docker images, licence certificate files and database schemas), except for the backups needed for secure operation;
• transfer, lease, redistribute, sublicense or make the Software available over a network to any third party, including uploading it to public registries.

B3. Licence key safeguards

1. A valid licence certificate file (license.lic) issued by us is required to start the Software.

2. You are responsible for safeguarding the licence certificate file and must implement appropriate security measures to prevent unauthorised access or leakage.

B4. Contractual penalty for leakage

1. If the Software (including Docker images in an encrypted or obfuscated state, binaries and licence certificate files) is leaked, disclosed or made accessible to any third party through your intent or negligence (including insufficient management, unauthorised access by third parties, misconfigurations or unlawful acts of employees), you shall pay us a contractual penalty of €35,000 or five times the annual licence fee, whichever is higher.

2. The penalty is credited against any damages we claim. We may claim damages exceeding it. You are entitled to prove that no damage or a substantially lower damage has occurred.

3. Upon discovery of any leakage, we may terminate the licence and invalidate the licence key immediately. You must then promptly and completely delete the Software and all licence files.

B5. Audit rights

1. To verify compliance with this Agreement, we may, with reasonable notice and during normal business hours, inspect the relevant system logs in your environment or carry out an on-site audit where necessary. We will protect your business secrets and will not access personal data beyond what is necessary.

2. You shall cooperate with such audit requests within a reasonable scope.

B6. Term and termination

1. This Part B is effective from the date you begin using the Software and remains in force until the licence term agreed in the order expires or it is terminated under B4(3) or for good cause.

2. Upon termination, your right to use the Software ends immediately, and you must promptly destroy all copies of the Software, including container images.

Part C: General provisions

C1. Warranty and liability

Our liability under this Agreement is governed by the liability section of the Terms of Service. Where the Software is provided free of charge, we are liable only for intent and gross negligence, except for injury to life, body or health and under the German Product Liability Act.

C2. Termination of Part A

The licence under Part A ends when you stop using the ARCH-Insight service or violate this Agreement. You must then delete the apps.

C3. Governing law and jurisdiction

1. This Agreement is governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country in which you have your habitual residence remain unaffected.

2. If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this Agreement is Regensburg, Germany.

C4. Contact