Software Usage Agreement

This Software Usage Agreement (the “License”) is a legal agreement between you, or the entity you represent (“Licensee”), and KubeWatch, Inc. (“KubeWatch,” “we,” or “us”). It governs installation, execution, and use of the Licensed Software defined below, separately from the Terms of Service, which governs use of the hosted KubeWatch Cloud web service. By downloading, installing, or running any Licensed Software, you accept this License. If you do not agree to these terms, do not install or use the Licensed Software.

1. Definitions

• “Licensed Software” means the KubeWatch Agent (the collector binary and its container images), the self-hosted KubeWatch platform (all backend services, container images, and the kubewatch-erp and kubewatch-agent Helm charts), and any related configuration files, scripts, or documentation we distribute alongside them, in each case including any updates, patches, or new versions we make available to you.
• “Authorized Environment” means the Kubernetes clusters, Docker hosts, or other infrastructure you own, control, or are authorized to administer, on which you have deployed the Licensed Software under a valid Subscription or self-hosted license key.
• “Object Code” means the Licensed Software in compiled, container-image, or other machine-executable form, as opposed to human- readable source code.

2. License Grant

Subject to your compliance with this License and, where applicable, an active paid Subscription or self-hosted license key, KubeWatch grants you a limited, non-exclusive, non-transferable, revocable license to install and run the Licensed Software, in Object Code form only, within your Authorized Environment, solely for the purpose of monitoring your own infrastructure with KubeWatch.

The Licensed Software is not open source. No rights are granted by implication, estoppel, or otherwise beyond those expressly stated in this License. All rights not expressly granted are reserved by KubeWatch.

Self-hosted license scope. A self-hosted license key entitles you to run the Licensed Software up to the agent count and feature tier purchased at checkout, on infrastructure you control. It does not entitle you to operate the Licensed Software as a hosted or managed service for any third party.

3. Restrictions

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

• copy, distribute, sell, sublicense, rent, lease, or otherwise make the Licensed Software available to any third party, except as necessary to run it within your own Authorized Environment;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Licensed Software, except to the limited extent applicable law expressly permits despite this restriction;
• modify, adapt, or create derivative works of the Licensed Software, or remove, obscure, or alter any proprietary notice on it;
• use the Licensed Software to build a competing product or service, or to benchmark it for publication without our prior written consent; or
• use the Licensed Software beyond the agent count, node count, or feature tier of your active Subscription or license key.

4. Ownership

The Licensed Software is licensed, not sold. KubeWatch and its licensors retain all right, title, and interest in and to the Licensed Software, including all intellectual property rights in it. This License gives you no ownership interest in the Licensed Software.

This section does not affect your ownership of your own telemetry, configuration, or other data processed by the Licensed Software, which is addressed in the Terms of Service.

5. Updates, License Term, and Renewal

KubeWatch may release updates to the Licensed Software from time to time. For SaaS customers, Agent updates are included as part of an active Subscription.

Self-hosted license term.A self-hosted license key is issued for a one-year term and carries an expiration date, an agent-count ceiling, and a feature tier, all bound together in the key itself. Every update and security patch released during that year is included. The key is verified against KubeWatch's license server on activation and re-verified automatically on an ongoing basis thereafter.

Renewal.Renewing before the license expires charges the same price again for another year and extends the same key's expiration date — nothing to reinstall or re-activate.

Expiration. KubeWatch sends reminder notices in the weeks before a license expires. If it is not renewed, access for that installation is suspended once the license expires — the Licensed Software stops accepting new Agent registrations and dashboard access is blocked until a new or renewed key is activated. Data already collected is retained, not deleted, during a suspension; see the Privacy Policy for how long it is kept.

6. Term and Termination

This License remains in effect for the term described in Section 5, or until terminated earlier. It terminates automatically if you breach any term of this License and fail to cure that breach within 10 days of notice. Upon termination for breach, you must stop running the Licensed Software and delete all copies in your possession.

7. Warranty Disclaimer and Limitation of Liability

THE LICENSED SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KUBEWATCH DOES NOT WARRANT THAT THE LICENSED SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KUBEWATCH'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS LICENSE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE LICENSED SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR, FOR A SELF-HOSTED LICENSE, THE ORIGINAL PURCHASE PRICE. KUBEWATCH IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE LICENSED SOFTWARE.

8. Governing Law

This License is governed by the same governing law and dispute resolution terms set out in Section 7 of the Terms of Service.

If you have questions about this License, please contact us at [email protected].