End User License Agreement

1. Definitions

• "Software" means the PollWatt application, including all executables, libraries, assets, documentation, and any updates or upgrades provided by Licensor.
• "License" means the right to use the Software as granted under this Agreement.
• "Device" means any macOS or iOS-compatible device on which the Software is installed and used.
• "User Data" means UPS telemetry, SNMP polling data, configuration files, and related data processed by the Software on your Device.

2. Grant of License

Subject to the terms and conditions of this Agreement, Licensor grants you a limited, non-exclusive, non-transferable, revocable license to:

• Install and use the Software on Devices that you own or control.
• Use the Software solely for your personal or internal business purposes, including UPS monitoring and power management.

This license does not include the right to sublicense, sell, resell, transfer, assign, or otherwise commercially exploit the Software.

3. Restrictions

You may not:

• Copy, modify, adapt, translate, or create derivative works based on the Software.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software, except to the extent permitted by applicable law.
• Remove, alter, or obscure any proprietary notices, labels, or marks on the Software.
• Use the Software to monitor devices for which you do not have explicit authorization.
• Distribute, sublicense, lease, rent, loan, or otherwise make the Software available to third parties.
• Use the Software in any manner that violates applicable laws or regulations, including unauthorized network access laws.

4. Ownership and Intellectual Property

The Software is licensed, not sold. Licensor retains all right, title, and interest in and to the Software, including all intellectual property rights therein. This Agreement does not convey to you any ownership interest in the Software.

5. Privacy and Data Collection

PollWatt processes all SNMP and UPS data exclusively on your Device. The Software does not collect, transmit, or share any User Data with Licensor or any third party. No analytics, crash reports, or usage data are collected. For full details, see the Privacy Policy.

6. Updates and Upgrades

Licensor may, at its sole discretion, provide updates, patches, or new versions of the Software. Such updates are governed by this Agreement unless accompanied by a separate license agreement. Licensor is not obligated to provide any updates or support.

7. Disclaimer of Warranties

The Software is provided "as is" and "as available," without warranty of any kind, express or implied. To the maximum extent permitted by applicable law, Licensor expressly disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy of data, and non-infringement.

Licensor does not warrant that the Software will meet your requirements, operate without interruption, or be free from errors or security vulnerabilities.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Licensor shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of or inability to use the Software, including but not limited to loss of data, loss of profits, power outages, or equipment damage, even if Licensor has been advised of the possibility of such damages.

Licensor's total cumulative liability to you for any and all claims arising under this Agreement shall not exceed the amount paid by you for the Software in the twelve (12) months preceding the claim, or fifty U.S. dollars ($50.00), whichever is greater.

9. Indemnification

You agree to indemnify, defend, and hold harmless Licensor and its affiliates, officers, agents, and employees from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the Software, your violation of this Agreement, or your violation of any applicable law or third-party rights.

10. Term and Termination

This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically and without notice if you fail to comply with any term of this Agreement. Upon termination, you must cease all use of the Software and delete all copies in your possession. Sections 4, 7, 8, 9, and 12 shall survive termination.

11. Export Compliance

You agree to comply with all applicable export and re-export laws and regulations. You represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties.

12. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles. Any disputes arising under or in connection with this Agreement shall be resolved exclusively in the state or federal courts located in Virginia, and you consent to the personal jurisdiction of such courts.

13. Entire Agreement

This Agreement constitutes the entire agreement between you and Licensor with respect to the Software and supersedes all prior or contemporaneous understandings, negotiations, representations, or agreements, whether written or oral, relating to the subject matter hereof.

14. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

15. Contact

If you have questions about this Agreement, please contact support@pollwatt.app.