Software License Agreement

1. Two pieces, two licenses

RackWatch ships in two parts:

• Agent — open source, Apache 2.0. Source at github.com/rackwatch/rackwatch-agent. Full text of the Apache 2.0 license travels with the source. This EULA does not restrict the agent.
• Platform — closed-source commercial software, distributed as a Docker image. This EULA covers your use of that binary.

2. Definitions

• "RackWatch", "we", "us", "our" means Mondaluk Data Solution LLC, a Minnesota limited liability company that operates the RackWatch product line.
• "Software" means the RackWatch Platform Docker image, including all updates, patches, and documentation.
• "You" means the individual or legal entity that pulls or runs the Software.
• "Server" means a unique host (physical, virtual, container) that reports telemetry to a Software instance via the agent.
• "License Tier" means Homelab, Standard, Scale, or Enterprise — see the pricing page.

3. Grant of license

Subject to your compliance with these terms and (for paid tiers) timely payment of fees, RackWatch grants you a non-exclusive, non-transferable, revocable license to:

• Pull, install, and run the Software on hardware you own or control
• Run as many instances as needed for your own internal use
• Receive telemetry from up to the number of Servers permitted by your License Tier

4. Restrictions

You may not:

• Reverse-engineer, decompile, or disassemble the Software, except where applicable law expressly permits despite this prohibition
• Modify, translate, or create derivative works of the Software
• Remove, alter, or obscure any proprietary notices, license keys, or telemetry that identifies the Software
• Resell, sublicense, lease, rent, or otherwise distribute the Software to third parties without a separate written agreement (a Managed Service Provider Agreement)
• Use the Software to provide a substantially similar competing service
• Run more Servers than your License Tier permits, or take active steps to under-report Server count to avoid tier transitions
• Disable, circumvent, or attempt to disable license enforcement, trial expiry, or seat-count metering

5. Source code, continuity, and data portability

RackWatch does not provide platform source code under this EULA during the ordinary course of business. The agent (rackwatch/rackwatch-agent) is published under the Apache License 2.0 and remains so. If you need source escrow for compliance reasons (regulated industries, government contracts), contact hello@rackwatch.io — escrow arrangements are negotiable case by case.

5.1 Source release on shutdown

If the operating entity behind RackWatch (today: Mondaluk Data Solution LLC, a Minnesota limited liability company; in future: any successor entity) is wound down, dissolved, or sold to a buyer that does not continue to ship the Software within 180 days of the transfer, the operating entity (or its legal successor) commits to release the platform source under the Apache License 2.0 within 90 days of the trigger event. This commitment binds successors-in-interest. The release will be published on the public GitHub organization rackwatch (or, if that organization is no longer accessible, on a comparable public source-hosting service) and announced via the email addresses on file for active subscribers at the time.

This clause does not trigger on routine corporate restructuring (e.g., change of jurisdiction, internal reorganization, or sale to a buyer that publicly commits to continue shipping the Software).

5.2 Data export

Every released version of the Software ships with a documented mechanism that allows you to export your fleet history — host inventory, telemetry samples, alerts, and license records — to portable formats (JSON, CSV, and SQLite database dumps) without requiring outbound network access. This export will continue to function on any version that RackWatch publishes for as long as the Software exists. If your data ever needs to leave RackWatch, it leaves with you.

6. Updates

RackWatch may release updates, security patches, and new versions of the Software at its discretion. Updates are delivered via the same Docker registry and image tags. All tiers, including Homelab, receive critical security patches free of charge. Feature updates and non-critical fixes are also free for all currently supported major versions.

Supported versions

RackWatch supports the current major release and the immediately preceding major release. The previous major receives security-only patches (no new features) for 12 months after the next major's release, then is unsupported. We will give at least 90 days' email notice to active subscribers before a major version is moved to security-only or unsupported status. Notices are sent to the billing contact on file.

Running an unsupported version is permitted by this EULA but does not entitle you to security patches, defect remediation, or technical support.

7. Term and termination

This license is effective from the date you first pull or run the Software and continues:

• Homelab tier: until you stop using the Software, with no fixed term.
• Paid tiers: as long as your subscription is current and fees are paid on time.
• Termination for breach: RackWatch may terminate this license after written notice and a reasonable cure period (typically 14 days) if you breach a material term and don't remediate within that window. Even license-enforcement violations get the same notice + cure path; we'd much rather email you about a seat overage than terminate over it.

On termination you must stop running the Software and remove the binary from your systems. Data your platform instance has collected is yours and is not subject to deletion under this EULA.

Homelab seat overage

Homelab tier is capped at 5 servers. If your fleet grows past 5, the platform will surface a banner on the dashboard and you have 30 days to either reduce fleet size or convert to a paid tier. The platform won't immediately stop accepting telemetry — operators get time to plan, not a surprise cutoff.

8. Intellectual property

RackWatch retains all right, title, and interest in the Software, including all intellectual property rights. This license grants you the right to use the Software, not ownership of it.

9. Disclaimer of warranties

The Software is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. RackWatch does not warrant that the Software will be uninterrupted, error-free, or that defects will be corrected.

Where applicable consumer-protection law requires that some warranties cannot be excluded — for example the UK Consumer Rights Act 2015 (digital content) or the EU Sale of Digital Content Directive 2019/770 — those statutory protections apply in addition to (and override where more favorable) anything in this License. Nothing in this License limits liability for fraud, willful misconduct, gross negligence, or death or personal injury caused by negligence.

10. Limitation of liability

To the maximum extent permitted by law, RackWatch's total aggregate liability arising out of or related to this License or your use of the Software — whether in contract, tort (including negligence), strict liability, or otherwise — is capped at the greater of (a) fees you paid to RackWatch in the 12 months preceding the event giving rise to the claim, or (b) USD $500. RackWatch is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost data, or business interruption, even if advised of the possibility.

The cap above does not apply to: (i) RackWatch's indemnification obligations under §11; (ii) RackWatch's obligations as a data processor under applicable data-protection law (e.g., GDPR Article 28); or (iii) liability that cannot be limited under applicable law (fraud, willful misconduct, gross negligence, death or personal injury caused by negligence).

11. Indemnification

RackWatch indemnifies you

RackWatch will defend any third-party claim brought against you alleging that the Software, as provided and used in accordance with this License and the Terms of Service, infringes a US patent, US copyright, or US trademark. We may at our option (a) modify the Software to remove the alleged infringement, (b) obtain rights to allow continued use, or (c) refund any prepaid fees attributable to the infringing version and terminate this License. This is your sole remedy and our sole liability for IP infringement claims arising out of the Software.

You indemnify RackWatch

You agree to defend, indemnify, and hold RackWatch and its personnel harmless from any third-party claim, loss, or expense (including reasonable legal fees) arising out of: (a) your breach of this License or the Acceptable Use policy in the Terms; (b) your modification of the Software in any way not expressly permitted by §3; (c) your use of the Software outside the scope of your active License Tier; or (d) any data or content you collect, transmit, or store using the Software in violation of applicable law or third-party rights.

Process

The party seeking indemnification must give prompt written notice of the claim, allow the indemnifying party to control defense and settlement (provided that no settlement may admit fault or impose non-monetary obligations on the other party without that party's prior written consent), and reasonably cooperate at the indemnifying party's expense.

12. Export controls

You agree not to export, re-export, or transfer the Software to any country, person, or entity prohibited by applicable export-control laws (US EAR, UK Export Control Order, EU Dual-Use Regulation).

13. Governing law and dispute resolution

This License is governed by the laws of the State of Minnesota, USA, without regard to conflict-of-law principles, except where applicable consumer-protection law of your home jurisdiction grants rights that cannot be waived by contract. The parties submit to the exclusive jurisdiction of the state and federal courts located in Minnesota for any dispute arising out of or related to this License.

Informal resolution first. Before filing any claim, the parties agree to attempt informal resolution by email (hello@rackwatch.io on RackWatch's side) for at least 30 days. This requirement does not apply to claims for injunctive relief.

RackWatch's business entity is in formation; if the entity is registered in a different US state, this section will be updated accordingly with at least 30 days' notice as provided in §15.

14. Entire agreement

This EULA, together with the Terms of Service and any signed Order Form, constitutes the entire agreement between you and RackWatch concerning the Software. It supersedes prior representations and agreements on the same subject.

15. Contact

Licensing questions, MSP agreements, source escrow, and anything else legal: hello@rackwatch.io.