End User License Agreement

1. Definitions

• "Software" means the HPDash Remote Agent and the HPDash Remote Operator Clients, including the Windows desktop client and the Android client, together with all related components, libraries, configuration tools, and any updates, upgrades, patches, or new versions we provide. For this EULA, this definition of "Software" supersedes any more general definition of "Software" in the Terms or elsewhere on the Site.
• "Agent" means the HPDash Remote Windows program installed on a computer to be accessed, which runs as an always-on Windows service to permit attended or unattended remote access.
• "Operator Client" or "Client" means the HPDash Remote Windows desktop application and the HPDash Remote Android application used by an Operator to view and control an Accessed Machine.
• "Service" means the HPDash-hosted cloud relay/gateway that brokers the encrypted connection between an Operator Client and an Agent, including any HPDash-provided gateway software used in a Self-Host deployment.
• "Operator" means an authorized individual user (such as a technician) permitted under your Subscription to use an Operator Client.
• "Unit" or "Accessed Machine" means a computer on which the Agent is installed and that is accessed through the Software.
• "Owner" means the account administrator for your HPDash Remote Subscription.
• "Subscription" means your active, paid subscription to HPDash Remote, including the operator seats and unit pool associated with your plan tier (Solo, Shop, Fleet, or Self-Host).
• "Site" means hpdash.com and HPDash's related web properties, including the storefront.

2. License Grant

The Software is licensed, not sold. Subject to your continuous compliance with this EULA, the Terms, and the AUP, and conditioned on a valid and active Subscription, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

(a) install and use the Agent on Accessed Machines, up to the number of Units permitted by your Subscription's unit pool; and

(b) install and use the Operator Clients on devices used by your Operators, for use by the number of Operators permitted by your Subscription's seats,

in each case solely for your authorized internal business use (or, where you are an individual using the Software on your own machines, for your own use). All rights not expressly granted to you are reserved by HPDash.

3. License Restrictions

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

(a) copy, modify, adapt, translate, or create derivative works of the Software, except as expressly permitted by this EULA;

(b) distribute, resell, sublicense, rent, lease, lend, host as a service, time-share, or otherwise make the Software available to any third party;

(c) reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, object code, or underlying structure, ideas, or algorithms of the Software, except, and only to the extent, that applicable law expressly prohibits this restriction notwithstanding this limitation, and then only after you have given us written notice and an opportunity to provide any necessary information;

(d) remove, obscure, or alter any proprietary rights notices, trademarks, copyright notices, or third-party attributions in or on the Software, including any notices in the bundled THIRD-PARTY-LICENSES.txt;

(e) circumvent, disable, or attempt to exceed any license, seat, unit-pool, capability, or other usage limit, or any technical-protection or security measure, in the Software or the Service;

(f) use the Software in violation of any applicable law or regulation, or in any manner not authorized by this EULA, the Terms, or the AUP; or

(g) install or configure the Agent in a manner intended to hide, disguise, or conceal its presence, identity, or operation from the Owner or users of the Accessed Machine (see Section 4).

4. Authorized Installation; Unattended Agent Disclosure

4.1 Authorization and consent (install-time representation). By installing or configuring the Agent on any computer, you represent and warrant, as of the time of installation and continuously thereafter, that: (a) you own that computer or are authorized by its owner to administer it; (b) you have obtained all consents and authorizations required from the owner of the computer and any users of it to install and operate always-on remote-access software on it, including for any unattended access, file transfer, terminal/shell access, audio listening, two-way calling, and remote reboot/shutdown capabilities you enable; and (c) your installation and use comply with all applicable laws, including computer-access, wiretap, and electronic-communications laws. This install-time representation parallels the authorization-and-consent representation in the Terms (Section 14) and the AUP (Section 2).

4.2 All-party consent for audio and calling. The Software includes audio "listen" and two-way "calling" capabilities that can open the microphone on an Accessed Machine. Some U.S. states and other jurisdictions require the consent of all parties to record or intercept audio. You are solely responsible for obtaining all consents required by applicable law before using these capabilities. Do not use the audio or calling capabilities to eavesdrop on or record any person without the consent required by law.

4.3 Unattended agent is not hidden or stealth. The Agent is designed to be visible and identifiable. It runs as a named, always-on Windows service, is discoverable through standard Windows tools, presents its identity, and can be uninstalled at any time by an administrator of the Accessed Machine using standard means. The Agent is not "stealth," "spyware," or "stalkerware." You will not represent it as such, configure it to defeat its identifiability or removability, or use it for covert or surreptitious access.

5. Ownership

The Software is protected by copyright and other intellectual-property laws and treaties. HPDash and its licensors retain all right, title, and interest in and to the Software, the Service, and all related intellectual property, including all copies, modifications, and derivative works, and all patents, copyrights, trademarks, trade secrets, and other proprietary rights. No title to or ownership of any intellectual property is transferred to you under this EULA. This EULA grants you only the limited license expressly described in Section 2.

6. Open-Source and Third-Party Components

The Software includes open-source and other third-party software components. Those components are licensed to you under their own respective license terms, which are identified in the THIRD-PARTY-LICENSES.txt file bundled with the Software (and, where applicable, in accompanying NOTICE files). That file is incorporated into this EULA by reference. To the extent any third-party license terms conflict with this EULA with respect to the applicable component, the third-party license terms govern that component. Nothing in this EULA limits any rights you may have, or restricts any obligations HPDash may have, under those third-party licenses. Cryptographic functionality in the Software is implemented using standard, published algorithms and libraries (including the Noise protocol framework, X25519, AES, and ChaCha20-Poly1305).

7. Updates and Auto-Update

We may from time to time provide updates, upgrades, patches, bug fixes, or new versions of the Software ("Updates"). The Software may check for and download and install Updates automatically. You agree that we may deliver and install Updates automatically, and that the Agent and Operator Clients may require a current version to connect to the Service. Updates are subject to this EULA unless we provide separate or additional terms with a particular Update, in which case those terms govern that Update. You are responsible for maintaining a supported environment; the Agent runs on supported versions of Windows, and the Operator Clients run on supported versions of Windows and Android (the Software is Windows- and Android-only).

8. Term and Termination

8.1 Term. This EULA is effective when you first install or use the Software and continues until terminated as described below or until your Subscription ends.

8.2 Termination. Your license terminates automatically, without notice, upon the expiration, cancellation, suspension, or non-renewal of your Subscription, or upon any breach by you of this EULA, the Terms, or the AUP. We may also suspend or terminate your license or access for non-payment, trial expiry, or violation of the AUP, as further described in the Terms.

8.3 Effect of termination. On termination of this EULA or of your license, you must immediately stop all use of the Software, uninstall and remove all copies of the Agent and the Operator Clients from all machines and devices, and confirm such removal upon our request. Sections 3, 5, 6, 9, 10, 11, 12, 13, and 14 survive termination.

9. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Software, the Service, and any support are provided "AS IS" and "AS AVAILABLE," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Software or the Service will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Software or the Service will meet your requirements. You assume the entire risk as to the quality, performance, and results of the Software. No advice or information, whether oral or written, obtained from HPDash creates any warranty not expressly stated in this EULA.

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall HPDash, LLC or its owners, members, managers, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or relating to this EULA or the Software, whether based on contract, tort (including negligence), strict liability, or any other theory, and whether or not we have been advised of the possibility of such damages. Our total aggregate liability for all claims arising out of or relating to this EULA, the Software, the Service, or your Subscription shall not exceed the fees you actually paid to HPDash for the Service in the twelve (12) months immediately preceding the event giving rise to the claim. This limitation applies notwithstanding the failure of essential purpose of any limited remedy.

Exclusions from the cap. The limitations and exclusions in this Section 10 do not apply to, and do not limit: (a) your indemnification obligations under Section 11; (b) your payment obligations to HPDash; or (c) your breach of the authorization-and-consent representation in Section 4, the AUP, applicable law, or any third-party intellectual-property right.

Some jurisdictions do not allow certain of these exclusions or limitations, so some may not apply to you; in such cases, our liability is limited to the greatest extent permitted by applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless HPDash, LLC and its owners, members, managers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Software; (b) your or any Operator's unauthorized access to, or access without the owner's consent of, any Unit or other computer; (c) your or any Operator's violation of this EULA, the Terms, or the AUP; (d) your violation of any applicable law, including computer-access, wiretap, electronic-communications, privacy, or recording-consent laws; or (e) your violation of any third-party right.

12. Export Compliance

The Software is subject to U.S. export-control laws and regulations, including the U.S. Export Administration Regulations ("EAR"). The Software incorporates encryption and is intended for distribution as mass-market software. You will not export, re-export, transfer, or make the Software available, directly or indirectly, in violation of applicable export-control or sanctions laws. You represent that you are not located in, under the control of, or a national or resident of any country or territory subject to a U.S. embargo or designated as Country Group E under the EAR, and that you are not a party identified on any U.S. government list of prohibited or restricted parties (including a denied, debarred, blocked, or specially designated party). You will not use the Software for any end use prohibited by U.S. law.

13. U.S. Government Restricted Rights

The Software is "commercial computer software" and "commercial computer software documentation" as those terms are used in 48 C.F.R. 2.101. If the Software is acquired by or on behalf of the U.S. Government, it is licensed only with the rights set forth in this EULA, consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202, as applicable. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions of this EULA.

14. Mobile Application Terms (Android Client)

The HPDash Remote Android client is distributed through the Google Play store. Your download and use of the Android client are also subject to the Google Play Terms of Service and any applicable Google Play policies, in addition to this EULA. To the extent of any conflict between this EULA and the Google Play terms with respect to the Android client, the Google Play terms govern only to the minimum extent required by Google. You acknowledge that Google is not a party to this EULA and is not responsible for the Android client or for providing any support or maintenance for it; HPDash, not Google, is solely responsible for the Android client. You represent that you are not located in a country subject to a U.S. embargo or designated as Country Group E, and that you are not on a U.S. government list of prohibited or restricted parties. Google is an intended third-party beneficiary of this Section 14 and may enforce it against you.

15. Governing Law, Venue and Disputes

This EULA is governed by the laws of the State of Oregon, without regard to its conflict-of-laws principles. You agree that the exclusive venue for any dispute arising out of or relating to this EULA, the Software, the Service, the Subscription, the Site, the products, or the services shall be the state or federal courts located in the State of Oregon, and you consent to the personal jurisdiction of those courts. Because the Software and the Service together make up one product, the informal dispute-resolution procedure and any arbitration and class-action-waiver provisions set forth in the Terms (Section 30) apply to disputes arising out of or relating to the Software on the same terms as they apply to disputes arising out of or relating to the Service.

16. Relationship to Other Agreements

This EULA supplements, and is in addition to, the HPDash Remote Terms of Service, the HPDash Remote Acceptable Use Policy, and the HPDash Remote Privacy Policy, each of which also applies to your use of the Software and the Service and is incorporated by reference. The bundled THIRD-PARTY-LICENSES.txt file is also incorporated by reference. In the event of a direct conflict between this EULA and the Terms with respect to the licensing of the Software, this EULA controls; in all other respects the Terms control.

17. Changes to This EULA

We may update this EULA from time to time. Changes take effect when posted to the Site with an updated "Last updated" date, or when delivered with an Update to the Software. Your continued installation or use of the Software after the changes take effect constitutes acceptance of the revised EULA.

18. Severability and Entire Agreement

If any provision of this EULA is held unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. This EULA, together with the Terms, the AUP, the Privacy Policy, the THIRD-PARTY-LICENSES.txt file, and any order terms referenced here, constitutes the entire agreement between you and HPDash regarding the Software and supersedes all prior or contemporaneous understandings regarding its subject matter.

19. Contact

HPDash, LLC · craig@hpdash.com / legal@hpdash.com · 1 (541) 708-1710 · 5441 S Macadam Ave Ste N, Portland, OR 97239