Scope of License

Subject to your compliance with this EULA, we grant you a:

• Limited - Specific uses only as described
• Non-exclusive - We may license to others
• Non-transferable - Cannot be transferred without consent
• Revocable - May be terminated if you breach terms

Permitted Uses

You may:

• Install the Software on systems you own or control
• Use the Software for monitoring and diagnostics
• Deploy agents up to your licensed limit
• Make backup copies for archival purposes
• Use the Software in accordance with documentation

License Models

Depending on your deployment type, different license terms apply. See the following sections for details:

• Cloud Deployments - Subscription-based licensing
• Self-Hosted Annual - Annual renewable license
• Self-Hosted Perpetual - One-time purchase, own forever

Subscription-Based License

For cloud-hosted agents, your license is tied to an active paid subscription.

What You Can Do

• Install agents on Windows systems you own or control
• Deploy up to the number of agents allowed by your subscription
• Access the cloud-hosted Service through the web dashboard
• Use multi-agent correlation features
• Receive automatic agent updates

Subscription Tiers

Billing Terms

• Billed monthly or annually (15% discount on annual)
• Charges based on highest agent count during billing period
• Automatic renewal unless cancelled
• Payment required in advance
• Failed payments may result in service suspension

Cancellation

• Cancel anytime through dashboard
• Access continues through end of billing period
• Agents stop reporting after subscription ends
• No refunds for partial months
• Data retained 30 days after cancellation

License Validation

Agents periodically validate subscription status with our servers. This requires internet connectivity. Invalid subscriptions result in agents stopping new data collection (health metrics continue).

License Types

Self-hosted deployments use one of two license models:

Annual License

• Term: One year from purchase
• Renewal: Required annually to continue use
• Best For: 1-3 year deployments, OpEx budgets

Perpetual License

• Term: Indefinite - you own the software forever
• Maintenance: Optional (10% annually) for updates and support
• Best For: 5+ year deployments, CapEx budgets

Annual License Details

Pricing

What's Included

• Custom Docker image with embedded license
• Custom agent installer pre-configured for your infrastructure
• Digitally signed license key
• Docker Compose templates and deployment scripts
• Quarterly software updates
• Security patches and bug fixes
• Business hours email support (24-hour response)
• Deployment assistance

Renewal

• License expires one year after purchase date
• Automatic renewal via Stripe subscription
• 30-day expiry warnings via email and in CloudAPI logs
• After expiry: CloudAPI stops accepting new agent connections
• Existing agents continue health metrics only

Perpetual License Details

Pricing

What's Included

• Everything in Annual License
• Perpetual right to use the software
• No expiration date
• Software continues working even if maintenance lapses
• Setup fee included in purchase price

Maintenance (Optional)

With Active Maintenance:

• Quarterly software updates
• Security patches and bug fixes
• Business hours email support
• License key rotation if needed

Without Maintenance:

• Software continues to function (you own it)
• No updates or security patches
• No support access
• Can resume maintenance anytime

Agent Limits

• License enforces maximum concurrent agent connections
• CloudAPI validates agent count at startup and continuously
• When limit reached: CloudAPI rejects new connections
• Existing agents continue functioning normally
• Contact [email protected] to upgrade agent tier

License Validation

Self-hosted CloudAPI validates license key:

• At startup (required)
• Periodically during operation
• Requires internet connectivity to licensing server
• License file digitally signed with RSA-2048
• Tampering with license file voids license

Your Responsibilities

For self-hosted deployments, you must provide and maintain:

Infrastructure

• Docker host (Linux server with Docker 20.10+)
• PostgreSQL 13+ database with TimescaleDB extension
• Minimum: 4 vCPU, 8 GB RAM, 100 GB storage
• Network connectivity for agents and AI APIs

Services

• Anthropic Claude API key (required)
• OpenAI API key (optional)
• Backups and disaster recovery
• Security and access controls

Operations

• Installing software updates (provided quarterly)
• Database maintenance and optimization
• Monitoring and troubleshooting
• Scaling infrastructure as needed

Deployment Package

Upon purchase, you receive:

• Custom Docker image (tarball or registry access)
• Custom Windows agent installer (.exe)
• License key file (digitally signed)
• Docker Compose configuration files
• PostgreSQL schema and setup scripts
• Environment variable templates
• Deployment documentation
• Troubleshooting guide

No Refunds

Self-hosted licenses are non-refundable after delivery of software package and license key. We offer 30-day trial licenses for evaluation upon request.

Prohibited Actions

You agree NOT to:

Technical Restrictions

• Reverse Engineer: Decompile, disassemble, or reverse engineer the Software
• Modify: Modify, adapt, translate, or create derivative works
• Copy: Copy the Software except as necessary for authorized use and backups
• Remove Notices: Remove, alter, or obscure any proprietary notices, labels, or marks
• Circumvent Protection: Bypass license validation, usage limits, or security measures
• Extract Components: Separate components for use in other applications

Distribution Restrictions

• Distribute: Distribute, sell, rent, lease, or sublicense the Software
• Share Credentials: Share account credentials, API keys, or license keys with unauthorized parties
• Transfer: Transfer license to another entity without written consent
• Service Bureau: Use the Software to provide services to third parties (unless authorized)

Usage Restrictions

• Exceed Limits: Deploy more agents than your license allows
• Unauthorized Monitoring: Monitor systems without proper authorization
• Competitive Use: Use the Software to develop, test, or support competing products
• Benchmarking: Publish benchmark results without written permission

Installation Restrictions

Authorized Systems Only

You may only install agents on:

• Systems you own or have legal control over
• Systems where you have explicit authorization to monitor
• Systems within your organization's infrastructure
• Systems where you have obtained necessary user consents

Prohibited Installations

• Personal devices without explicit owner consent
• Systems you don't have authorization to monitor
• Third-party or customer systems (without written agreements)
• Systems in violation of applicable laws or regulations

Compliance Requirements

You agree to:

• Comply with all applicable laws and regulations
• Obtain necessary permissions for monitoring
• Provide required privacy notices to monitored users
• Respect intellectual property rights
• Follow export control regulations
• Maintain security and confidentiality

Consequences of Violations

Violations of these restrictions may result in:

• Immediate termination of license
• Requirement to uninstall all Software
• Legal action for damages
• Injunctive relief
• No refund of fees paid

Data Collected by Agents

Agents collect and transmit the following data:

Always Collected (Health Metrics)

• CPU usage percentage
• Memory usage (total, available, used)
• Disk usage (total, free, used per volume)
• Network bandwidth (sent/received bytes)
• System uptime
• Agent version and configuration
• Windows version and build number
• Hostname and IP addresses

Collected During Live Sessions

• Event Tracing for Windows (ETW) events
• Process information (name, PID, path, command line)
• File system operations
• Network connections and traffic
• Registry operations
• User authentication events
• Application errors and crashes
• Performance counters

Cloud-Hosted Data Handling

Transmission

• All data encrypted in transit using TLS 1.3
• Sent to ET Ducky cloud infrastructure (DigitalOcean)
• Compressed to minimize bandwidth
• Intelligent local correlation filters PII and proprietary data before transmission

Storage

• Data stored in PostgreSQL with TimescaleDB
• Encrypted at rest
• Retention: 30-180 days based on tier
• Automatic deletion after retention period
• Backups encrypted and retained 30 days

Processing

• AI analysis using Anthropic Claude API
• Optional OpenAI API integration
• Queries sent to AI providers on-demand only
• AI providers do not use your data for model training
• Correlation and analysis performed server-side

Your Data Rights

• You retain all ownership rights to your data
• We claim no ownership over collected data
• We do not sell or share your data with third parties
• You can export data anytime through dashboard
• You can delete your account and data anytime

Self-Hosted Data Handling

• Your Infrastructure: All monitoring data stays on your infrastructure
• No Access: We do not have access to your collected data
• Your AI Keys: You provide your own AI API keys
• Your Responsibility: You accept AI provider terms directly
• License Validation Only: Only license validation data sent to our servers
• Data Sovereignty: Complete control over data location and retention

Privacy Compliance

You are responsible for:

• Complying with applicable privacy laws (GDPR, CCPA, HIPAA, etc.)
• Obtaining necessary consents for monitoring
• Providing privacy notices to monitored users
• Implementing appropriate security measures
• Handling data subject rights requests
• Maintaining records of processing activities

Sensitive Data

Warning: The Software may collect sensitive information depending on ETW providers configured. You are responsible for:

• Configuring appropriate filters to prevent collection of sensitive data
• Ensuring compliance with data protection regulations
• Not collecting passwords, credit card numbers, or PII without proper safeguards
• Implementing encryption for sensitive data

Telemetry and Analytics

The Software may collect anonymous usage statistics to improve the product:

• Feature usage (which features are used most)
• Performance metrics (query response times)
• Error reports (crashes, exceptions)
• Agent version distribution

This data is anonymized and does not include your monitoring data.

Cloud Service Updates

CloudAPI Platform

• Updates applied automatically to cloud infrastructure
• Zero downtime during most updates
• Major updates announced 48 hours in advance
• Scheduled maintenance windows (if needed)

Agent Updates

• New agent versions released quarterly
• Download from dashboard
• Deploy via SCCM, Intune, GPO, or manual installation
• Agents typically backward compatible with older CloudAPI versions
• Critical security updates released as needed

Self-Hosted Updates

With Active License/Maintenance

• Quarterly software releases
• Security patches between releases
• Bug fixes
• New features and improvements
• Agent installer updates

Update Process

1. Receive email notification of new version
2. Download new Docker image and agent installer
3. Review release notes for breaking changes
4. Backup database before upgrade
5. Deploy new Docker image: docker-compose down && docker-compose up -d
6. Run database migrations if required
7. Update agents as needed

Without Maintenance (Perpetual Only)

• Software continues to function
• No updates provided
• No security patches
• No bug fixes
• No support access

Support

Cloud Service

Self-Hosted Standard

• Business hours (9am-5pm ET, Mon-Fri)
• Email/ticket support
• 24-hour response time
• Deployment assistance during initial setup
• Bug reports and troubleshooting

Self-Hosted Premium (+$15,000/year)

• 24/7 email and phone support
• 4-hour response time for critical issues
• Dedicated Slack channel
• Monthly check-in calls
• Priority bug fixes

Self-Hosted Enterprise (+$25,000/year)

• Everything in Premium plus:
• 1-hour response time for critical issues
• Dedicated Customer Success Manager
• Quarterly business reviews
• On-site visits (1-2 per year)
• Custom SLAs

Support Scope

Covered

• Software installation and configuration
• Bug reports and troubleshooting
• Feature questions and guidance
• Best practices and recommendations
• Deployment assistance

Not Covered

• Infrastructure management (self-hosted)
• Custom development or integrations
• Training beyond documentation
• Issues caused by modifications to Software
• Third-party software or services

Documentation

All license types include access to:

• Online documentation at etducky.com/docs
• Deployment guides
• API reference
• Troubleshooting guides
• Best practices
• Video tutorials (coming soon)

Intellectual Property

The Software and all intellectual property rights are owned by ET Ducky and protected by:

• Copyright laws
• Trademark laws
• Patent laws (pending)
• Trade secret laws

This EULA grants you a license to use the Software, not ownership.

Trademarks

"ET Ducky" and associated logos are trademarks of ET Ducky. You may not:

• Use our trademarks without written permission
• Register confusingly similar trademarks
• Register domain names containing our marks
• Suggest affiliation or endorsement without authorization

Warranties and Disclaimers

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.

We Disclaim All Warranties Including:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY
• UNINTERRUPTED OR ERROR-FREE OPERATION
• SECURITY OR FREEDOM FROM VIRUSES

We Do Not Warrant That:

• The Software will meet your requirements
• Results will be accurate or reliable
• AI analysis will detect all issues
• AI recommendations will be correct or safe
• Errors or bugs will be corrected
• The Software is suitable for critical applications

CRITICAL: You are solely responsible for validating all AI-generated recommendations before implementing them on production systems. Always test in non-production environments first.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

We Are Not Liable For:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR USE
• LOSS OF GOODWILL OR REPUTATION
• BUSINESS INTERRUPTION
• SYSTEM FAILURES OR DOWNTIME
• DATA LOSS OR CORRUPTION
• SECURITY BREACHES
• ERRORS IN AI ANALYSIS
• DAMAGES FROM FOLLOWING AI RECOMMENDATIONS
• THIRD-PARTY CLAIMS

Maximum Liability

Our total liability shall not exceed the greater of:

• Amounts paid by you in the 12 months prior to the claim, OR
• $100

This limitation applies even if we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless ET Ducky from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of the Software
• Your violation of this EULA
• Your violation of applicable laws
• Unauthorized monitoring or data collection
• Infringement of third-party rights
• Data you collect or process

Termination

By You

You may terminate by:

• Ceasing all use of the Software
• Uninstalling all agents and applications
• Cancelling your subscription or license
• Deleting all copies of the Software

By Us

We may terminate immediately if:

• You breach any term of this EULA
• You exceed licensed agent limits
• Your payment fails
• We detect fraudulent or abusive use
• Required by law

Effect of Termination

• All licenses immediately terminate
• You must cease all use of the Software
• You must uninstall all agents
• You must delete all copies
• Exception: Perpetual licenses continue to function (you own the software)

Export Compliance

The Software is subject to U.S. export control laws. You agree to:

• Comply with all applicable export and import laws
• Not export or re-export to prohibited countries
• Not provide to prohibited entities or persons
• Not use for prohibited purposes (e.g., weapons development)
• Comply with sanctions and embargoes

Prohibited Destinations: Cuba, Iran, North Korea, Syria, Russia (partially), and other sanctioned countries or entities.

Governing Law

This EULA is governed by the laws of the State of Washington, United States, without regard to conflict of law principles.

Dispute Resolution

Informal Resolution

Before filing a claim, contact [email protected] to attempt informal resolution.

Binding Arbitration

Disputes shall be resolved through binding arbitration administered by the American Arbitration Association in Washington State.

Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions.

Entire Agreement

This EULA, together with the Terms of Service and Privacy Policy, constitutes the entire agreement regarding the Software and supersedes all prior agreements.

Modifications

We may modify this EULA with 30 days' notice. Continued use after changes constitutes acceptance.

Severability

If any provision is found invalid, the remaining provisions remain in effect.

No Waiver

Failure to enforce any provision does not waive our right to enforce it later.

Assignment

You may not assign this EULA without our written consent. We may assign without restriction.

Contact Information

For questions about this EULA:

Legal: [email protected]
Support: [email protected]
Sales: [email protected]

Acknowledgment

BY INSTALLING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA.

If you do not agree, do not install or use the Software.