FlowTruss Network Dataflow Analyzer (NDA) End User License Agreement (EULA)
This End User License Agreement ("EULA") governs your use of the FlowTruss Network Dataflow Analyzer desktop software, the web version of the application, and related documentation (collectively, the "Software") provided by FlowTruss LLC, a Kentucky limited liability company ("FlowTruss," "we," or "us"). By installing, accessing, or using the Software, you accept this EULA on behalf of yourself or the entity you represent ("Customer," "you").
1. Definitions
- Order means any ordering document, online checkout, or invoice that specifies the plan, term, quantity, and licensing metrics.
- Free Tier means the no-fee edition described on our website or Order.
- Web Version means the browser-based variant of the Software that operates under the same restrictions as the Free Tier.
- Individual and Enterprise mean paid subscription plans described on our website or Order.
- User means a named individual authorized by Customer to use the Software.
- Device means a single physical or virtual machine on which the Software is installed.
- Third-Party Materials means third-party code, data, or creative assets included with or used by the Software.
- Customer Data means packet captures and related operational data you submit to or process with the Software.
2. License Grant; Scope
2.1 Grant. Subject to timely payment of applicable fees (if any) and your compliance with this EULA and the Order, FlowTruss grants you a limited, non-exclusive, non-transferable license to install and use the Software during the term and within the scope specified in the Order for your internal business purposes.
2.2 Tiers.
- Free Tier is limited to personal, non-commercial workflows. No production, MSP, or consulting use.
- Web Version is provided at no fee and operates under the same restrictions as the Free Tier. Additional terms presented within the Web Version, if any, also apply.
- Individual and Enterprise are paid subscriptions that permit commercial internal use by Customer within the scope stated in the Order.
2.3 Contractors & Affiliates. Your employees and contractors may use the Software on your behalf within the licensed quantity or metric; you are responsible for their compliance.
2.4 Copies. You may make a reasonable number of backup copies solely for disaster recovery.
2.5 Evaluation/Beta. Any evaluation or beta access is provided "AS IS," for a limited time, and may be disabled at any time.
3. Subscriptions; Cancellation
3.1 Paid Tiers. Individual and Enterprise are subscription plans that continue until cancelled. You may cancel at any time; cancellation is effective at the end of your then-current subscription term, and you will remain licensed through that date.
3.2 Fees. Unless stated otherwise in the Order or required by law, fees are non-refundable for any partial term.
3.3 Changes. We may change plan features or pricing prospectively; any changes will apply on renewal or as otherwise stated in the Order.
4. Acceptable Use; Restrictions
You agree not to: (a) sublicense, sell, rent, lease, host for third parties, or provide the Software as a managed service without FlowTruss's prior written approval; (b) remove or obscure proprietary notices; (c) use the Software to process unlawful data or infringe others' rights; (d) reverse engineer, decompile, or disassemble the Software, except where permitted by applicable law; (e) circumvent license controls; or (f) use the Software in violation of applicable laws, including network monitoring or interception laws. FlowTruss may suspend access where use poses a security risk, violates law, or harms others or the platform.
5. Installation; Portable Builds; Acceptance; Updates
5.1 Portable Acceptance. For portable builds without an installer, the Software may present an in-app license prompt on first run. Clicking "Accept," continuing to use the Software, or proceeding past the prompt constitutes acceptance.
5.2 Updates. We may provide patches, fixes, or new features ("Updates"). Unless stated otherwise, Updates are part of the Software and subject to this EULA and may modify or remove features.
6. Ownership; Feedback; Third-Party Materials
6.1 Ownership & Feedback. The Software is licensed, not sold. FlowTruss and its licensors retain all rights, title, and interest in and to the Software and associated intellectual property. You grant FlowTruss a worldwide, royalty-free, irrevocable license to use ideas or feedback you provide to improve our products and services.
6.2 Open-Source Components. The Software may include or link to open-source software licensed under its own terms. To the extent required, those terms govern the relevant components; this EULA does not limit your rights under those licenses. A list of third-party notices is provided in the package (e.g., resources/licenses/THIRD_PARTY_LICENSES.md).
6.3 IPinfo Lite Database (CC BY-SA 4.0). The Software may bundle an IP geolocation database known as "IPinfo Lite." That database is licensed by IPinfo, Inc. under Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0). Your rights to that database are governed by CC BY-SA 4.0. Nothing in this EULA restricts your rights under CC BY-SA 4.0. If you distribute a modified version of that database, you must do so under CC BY-SA 4.0.
6.4 IEEE OUI Public Listing. The Software may include the IEEE OUI/MAC vendor registry (OUI Public Listing). IEEE indicates it does not assert copyright in that listing and does not restrict its distribution.
6.5 Icons8 Assets. The Software includes icons and/or illustrations licensed from Icons8. Your rights to those assets are governed by Icons8's Universal Multimedia License. Where FlowTruss uses Icons8 assets under a free plan, the Software provides a visible hyperlink to icons8.com in the About section (desktop) and in the footer or equivalent location for the Web Version to satisfy attribution requirements; where FlowTruss uses a paid Icons8 license, attribution may not be required. Icons8's license prohibits distributing the original icon files or enabling extraction of the icons as stand-alone files. See resources/licenses/THIRD_PARTY_LICENSES.md for details.
7. Data; Privacy; Confidentiality
7.1 Customer Data. Customer retains all rights in Customer Data. Unless otherwise agreed, Customer Data is processed locally or within Customer-managed infrastructure when using the desktop Software. When you use the Web Version or enable cloud features, data may be transmitted to or processed by FlowTruss-controlled systems to provide those features.
7.2 Privacy. Any processing of personal data by FlowTruss is described in our Privacy Policy available on the FlowTruss website.
7.3 Confidentiality. Each party will protect the other party's Confidential Information with reasonable care, use it only to perform under this EULA, and not disclose it except to personnel or contractors under confidentiality obligations. This section does not restrict disclosures required by law (with prompt notice if legally permitted).
8. Support & Service Levels
Support scope and response targets are as described for your tier on the pricing page or Order. Unless an Order expressly states otherwise, support is provided on a commercially reasonable, non-SLA basis.
9. Warranty Disclaimer
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE." FLOWTRUSS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FLOWTRUSS DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOWTRUSS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. FLOWTRUSS'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS EULA WILL NOT EXCEED THE FEES PAID BY CUSTOMER FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11. High-Risk Use
The Software is not designed for use in hazardous environments requiring fail-safe performance (e.g., life support, nuclear facilities, aviation). You assume all risk for such use.
12. Term; Suspension; Termination
12.1 Term. For paid plans, this EULA remains in effect for the subscription term stated in the Order and continues until cancelled under Section 3. For the Free Tier and Web Version, this EULA remains in effect until terminated as provided here.
12.2 Suspension. We may suspend access for security risk, suspected violation of law, or non-payment.
12.3 Termination. Either party may terminate for material breach not cured within ten (10) days after written notice. Upon termination, you must stop using the Software and delete all copies under your control.
12.4 Survival. Sections 6–11 and 13–18 survive termination.
13. Export; Sanctions; Compliance with Laws
You must comply with applicable export control and sanctions laws. You represent that you are not on a U.S. government denied-party list and will not export, re-export, or use the Software in embargoed destinations or prohibited end-uses. You must comply with laws applicable to network monitoring, packet capture, and data privacy.
14. U.S. Government End Users
The Software is "commercial computer software" and "commercial computer software documentation." Government end users acquire the Software with only those rights set forth in this EULA.
15. Assignment
You may not assign this EULA without FlowTruss's prior written consent, except to a successor in interest to substantially all of your assets or business who agrees in writing to be bound by this EULA. Any prohibited assignment is void.
16. Changes to this EULA
We may update this EULA from time to time. Material changes will apply upon the earlier of (a) your next renewal or (b) your acceptance of an update that references the new EULA. If you do not agree to the updated terms, you must stop using the Software.
17. Governing Law; Venue
This EULA is governed by the laws of the Commonwealth of Kentucky, USA, without regard to conflict-of-law rules and excluding the U.N. Convention on Contracts for the International Sale of Goods. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Kentucky.
18. Notices; Entire Agreement; Order of Precedence; Severability; Waiver
18.1 Notices. Legal notices to FlowTruss must be sent by email to legal@flowtruss.com. Notices to Customer may be sent to the email address on the Order or associated with your account.
18.2 Entire Agreement. This EULA and the Order constitute the entire agreement regarding the Software and supersede prior or contemporaneous agreements on that subject.
18.3 Order of Precedence. In the event of conflict, the Order controls as to commercial terms; then this EULA; then the third-party licenses for their respective materials.
18.4 Severability. If any provision is unenforceable, it will be modified to the minimum extent necessary to be enforceable; the remainder will remain in effect.
18.5 Waiver. No waiver is effective unless in writing and signed by the waiving party.
Acceptance. By installing, accessing, or using the Software (including the Web Version), you acknowledge that you have read and agree to this EULA.
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