# HailBytes Commercial Software License **Version 1.0** **Effective date: 07/26/2026** Copyright © 2026 HailBytes, LLC. All rights reserved. HailBytes, LLC, a Delaware limited liability company ("**HailBytes**"), licenses the Software on the terms below. This is a commercial license. It is not an open-source license and it is not a source-available license. By installing, deploying, accessing, or using the Software, you ("**Licensee**") accept these terms. If you do not accept them, do not install, deploy, access, or use the Software. If Licensee acquired the Software through a cloud provider marketplace or through an authorized HailBytes reseller, Section 18.1 governs how this License interacts with those arrangements. --- ## 1. Definitions **1.1 "Software"** means the HailBytes software product accompanying this License — HailBytes Security Awareness Training ("**SAT**"), HailBytes Attack Surface Management ("**ASM**"), or HailBytes Support Hub ("**Support Hub**") — including its machine-executable form, any container image or machine image in which it is delivered, its documentation, and any updates, patches, or new versions HailBytes makes available under this License. Where a provision of this License applies only to a particular product, it says so. **1.2 "Source Code"** means the human-readable source form of the Software, where HailBytes makes it available to Licensee. **1.3 "Order"** means the transaction under which Licensee acquired the Software, whether a cloud provider marketplace subscription or private offer, a HailBytes order form, or a written authorization issued by HailBytes to a reseller and extended to Licensee. **1.4 "Entitlement"** means Licensee's right to operate the Software as measured by the metering mechanism and rate stated in the Order. The Software is metered on compute consumption (vCPU-hours) and **not** on the number of users, employees, seats, assets, targets, scans, campaigns, findings, or tenants. **1.5 "Licensee Cloud Account"** means a cloud provider account controlled by Licensee, or by a Client on whose behalf Licensee operates the Software, into which the Software is deployed. **1.6 "Client"** means a third party to which Licensee provides managed, consulting, advisory, or security services. **1.7 "Tenant Data"** means data processed by an instance of the Software running in a Licensee Cloud Account, including scanned-asset metadata, asset and target inventories, employee and campaign target lists, phishing-simulation results and interaction data, findings, reports, and audit logs generated in that account. **1.8 "Telemetry"** means product analytics and error-reporting data that the Software may transmit to HailBytes. Telemetry is disabled by default. **1.9 "Documentation"** means HailBytes' then-current published documentation for the Software. --- ## 2. License Grant Subject to Licensee's compliance with this License and payment of amounts due under the Order, HailBytes grants Licensee a non-exclusive, non-transferable, non-sublicensable (except as Section 3 permits), worldwide (subject to Section 15) license, for the term of the Entitlement, to: **(a)** install, deploy, configure, operate, and use the Software in one or more Licensee Cloud Accounts, up to and in accordance with the Entitlement; **(b)** reproduce the Software as reasonably necessary for deployment, high availability, scaling, backup, disaster recovery, testing, and staging, provided that consumption by every running instance is metered under the Entitlement; **(c)** permit Licensee's personnel, contractors, agents, and Clients, and the personnel of its Clients, to access and use the Software as users; and **(d)** use the Software both for Licensee's own internal business purposes and for the service-provider purposes described in Section 3. There is no limit under this License on the number of users, employees, seats, assets, monitored targets, scans, campaigns, templates, findings, or Clients that Licensee may serve within its Entitlement. --- ## 3. Managed Service, Service Provider, and Multi-Tenant Rights **3.1 Managed and hosted service.** Licensee may use the Software to provide managed security services, security operations services, consulting, testing, or advisory services to its Clients. This includes charging Clients for those services in Licensee's own name and at prices Licensee sets. **3.2 Deployment topologies.** Licensee may: **(a)** deploy and operate an instance of the Software within a Client's own cloud account on that Client's behalf; **(b)** deploy and operate an instance of the Software within a Licensee Cloud Account for the benefit of one or more Clients; **(c)** operate one instance per Client, or a single instance serving multiple Clients, in each case within the Entitlement; and **(d)** where the Software is ASM, operate a single instance that serves multiple Clients as separate Projects, subject to Section 8.2. **3.3 No hosted-service restriction.** **This License does not restrict, and HailBytes does not restrict, the provision of the Software to third parties as a hosted or managed service, or the operation of the Software on a multi-tenant basis.** Any term to the contrary in any other license that has accompanied or may accompany the Software — including Section (a) of the Elastic License 2.0, and any equivalent limitation in any source-available or open-source license — does not apply to the Software and is superseded in its entirety by this License. **3.4 Responsibility for Clients.** Licensee is responsible for its Clients' and their users' compliance with this License to the same extent as for its own, and for the terms on which it provides services to Clients. Licensee shall not purport to grant a Client any right in the Software broader than those in this License. **3.5 No resale of the Software itself.** Sections 3.1 to 3.4 permit Licensee to deliver *services* using the Software. They do not permit Licensee to resell, redistribute, or sublicense the Software as a product. Resale of the Software requires a separate written reseller authorization from HailBytes. --- ## 4. Source Code Access **4.1 Scope.** Where HailBytes makes Source Code available to Licensee, Sections 4.2 to 4.5 apply. Where HailBytes does not make Source Code available, this Section imposes no obligation on HailBytes to do so, and nothing in this License entitles Licensee to Source Code. **4.2 Permitted use.** Licensee may (a) read, review, inspect, and audit the Source Code; (b) reproduce it internally as reasonably necessary for those purposes; (c) use it to verify the security and behavior of the Software running in a Licensee Cloud Account; and (d) modify it and build, deploy, and operate a modified build within the Entitlement. **4.3 Permitted recipients.** Licensee may disclose the Source Code only to (a) its personnel and contractors who need access for a purpose in Section 4.2 and who are bound by written confidentiality obligations, and (b) a Client on whose behalf Licensee operates the Software, on terms no less protective than this Section. Licensee shall not otherwise distribute, publish, post, sublicense, or make the Source Code available to any person. **4.4 No copyleft; no publication obligation.** Nothing in this License requires Licensee to publish, disclose, contribute, or make available any source code, including any modification Licensee makes. This License does not convert to an open-source license on any date or on the occurrence of any event. **4.5 Consequences of modification.** The warranty in Section 11.1 does not apply to a modified build, to the extent the non-conformity is caused by the modification. The indemnity in Section 12 is subject to Section 12.2(a). HailBytes has no obligation to support, maintain, or provide updates for a modified build, and no obligation to make its updates compatible with Licensee's modifications. --- ## 5. Restrictions Licensee shall not, and shall not permit any person to: **(a)** remove, alter, obscure, or fail to reproduce any copyright, trademark, license, attribution, or proprietary-rights notice in or accompanying the Software or Source Code; **(b)** circumvent, disable, tamper with, or interfere with any metering, entitlement, license-key, or usage-reporting mechanism in the Software, or under-report consumption; **(c)** reverse engineer, decompile, or disassemble the Software, except as Section 4 expressly permits or as non-waivable applicable law allows, and in the latter case only after giving HailBytes written notice and a reasonable opportunity to provide the necessary information; **(d)** use the Software, the Source Code, or any information derived from either to design, develop, or market a product or service that competes with the Software; **(e)** resell, redistribute, sublicense, rent, lease, or provide the Software as a product to any person except under a written reseller authorization from HailBytes, it being understood that Section 3 permits the delivery of services using the Software; **(f)** operate the Software beyond the Entitlement; **(g)** use the Software in violation of Section 8.2 or Section 15; or **(h)** use the Software to develop, operate, or deliver any unlawful activity, or to gain or attempt to gain unauthorized access to any system. --- ## 6. Entitlement, Metering, and Verification **6.1 Metering.** Consumption is metered by the Software and reported to the cloud provider marketplace or to HailBytes, as the Order specifies. Licensee shall permit that metering to operate and shall not interfere with it. **6.2 Infrastructure.** Cloud compute, storage, networking, managed-database, and load-balancing charges for running the Software are payable by Licensee to its cloud provider. They are separate from the Software charge, whether or not they appear on the same invoice, and HailBytes has no responsibility for them. **6.3 Verification.** HailBytes may verify Licensee's compliance with the Entitlement not more than once in any twelve-month period, on ten business days' written notice, in a manner that does not unreasonably disrupt Licensee's operations, and subject to Licensee's reasonable security and confidentiality requirements. HailBytes bears the cost, except that if verification reveals under-reported consumption exceeding five percent (5%) for the period, Licensee shall pay the shortfall and HailBytes' reasonable verification costs. **6.4 Trials and no-charge use.** Where the Software is provided on a free trial, evaluation, proof-of-concept, or other no-charge basis, it is provided **as is**, without warranty of any kind and without any service-level commitment, Sections 11.1 and 12 do not apply, and HailBytes may modify or terminate the trial at any time. --- ## 7. Branding and Attribution **7.1 Licensee branding.** Licensee may apply its own name, logo, favicon, colors, and identity provider configuration within the Software to the extent the Software supports per-tenant branding, and may deliver services to Clients under Licensee's own brand. **7.2 Attribution.** Licensee shall not remove or obscure HailBytes' copyright, license, or attribution notices, including those in this License file, in the Source Code, in any about, settings, version, or license screen or endpoint, and in any bundled notice file. Licensee shall not represent that it is the author, owner, or originator of the Software. **7.3 HailBytes marks.** This License grants no right in HailBytes' trademarks, service marks, trade names, or logos, other than the right to use them as reasonably necessary to identify the Software accurately and to comply with Section 7.2. --- ## 8. Product-Specific Terms **8.1 SAT — Security Awareness Training.** **(a)** Within the Entitlement, there is no limit on the number of employees, users, campaigns, templates, or send waves. **(b)** Licensee shall use SAT only to conduct security awareness training and simulated-phishing activity in respect of an organization that has authorized that activity, and only in respect of individuals whose organization has authorized it. Licensee shall not use SAT to send simulated-phishing or training communications to any person outside such an organization. **(c)** Licensee is the controller of employee and campaign personal data processed by its SAT instance and is responsible for its own lawful basis, transparency and notice obligations, retention, and for any employee-representative, works-council, trade-union, or co-determination consultation required in any jurisdiction in which the affected individuals are located, before conducting any campaign. **(d)** Audit-evidence exports the Software generates are provided for Licensee's own compliance use. HailBytes does not certify, attest to, or warrant Licensee's compliance with any standard, framework, or regulation. **8.2 ASM — Attack Surface Management. Authorization to Scan.** **(a)** **Nature of the Software.** ASM performs active reconnaissance, subdomain and service enumeration, port scanning, and vulnerability scanning against network targets that Licensee configures. It transmits traffic to those targets. **(b)** **Authorization requirement.** Licensee represents, warrants, and covenants that for **every** target it configures, and for every target it permits a Client or any other person to configure, Licensee or that person either (i) owns the target, or (ii) holds documented authorization to scan it from the person entitled to grant that authorization. Licensee shall obtain that authorization **before** configuring the target and shall retain evidence of it for the term of the Entitlement and three (3) years afterwards. **(c)** **Prohibition.** Licensee shall not configure, and shall not permit any person to configure, a scan target for which authorization under Section 8.2(b) has not been obtained. Licensee shall not use ASM to scan any system it is not authorized to scan. **(d)** **Legal acknowledgment.** Licensee acknowledges that scanning a system without the authorization of the person entitled to grant it may constitute a criminal offense or civil wrong under computer-misuse legislation, including the U.S. Computer Fraud and Abuse Act (18 U.S.C. § 1030), the UK Computer Misuse Act 1990, and equivalent laws in other jurisdictions, and that responsibility for obtaining authorization rests entirely with Licensee. **(e)** **Indemnity.** Licensee shall defend and indemnify HailBytes and its affiliates against any claim, demand, proceeding, fine, penalty, loss, or cost arising out of scanning conducted by or on behalf of Licensee, its Clients, or their users without authorization under Section 8.2(b). **(f)** **Multi-tenant operation.** Where Licensee operates a single ASM instance serving multiple Clients as separate Projects, Licensee is responsible for configuring and maintaining separation between Projects, for restricting each Client's access to its own Project, and for ensuring that authorization under Section 8.2(b) exists for every target in every Project. **(g)** **Suspension.** On receiving a credible report that ASM is being used to scan targets without authorization, HailBytes may suspend Licensee's Entitlement, or require Licensee to disable the affected scan configuration, until the matter is resolved. HailBytes shall notify Licensee and shall lift the suspension promptly once satisfied. **8.3 Support Hub.** **(a)** **Nature of the Software.** Support Hub is a software subscription that provides service-level monitoring, alerting, and support-communication management, including the tracking of service-level commitments and the generation of related alerts and communications. **(b)** **No-charge tier.** The no-charge tier of Support Hub provides email support only. **It carries no service-level commitment of any kind and is provided as is**, and Section 6.4 applies to it. **(c)** **Paid tiers.** Where Licensee has acquired a paid tier, the service-level commitments applicable to Support Hub itself are those stated in the Order or in the tier description HailBytes publishes for that tier. Where a tier includes human-delivered professional services, those services are provided under a separate written statement of work or service description and are not part of the Software or of the metered Software charge. **(d)** **Monitoring output is not a determination.** Support Hub reports on service-level performance based on the data available to it and the thresholds Licensee configures. **HailBytes does not warrant that Support Hub's output constitutes an accurate or complete determination of compliance with any service-level commitment, contract, or regulatory obligation between Licensee and any third party**, and Licensee shall not represent otherwise to any Client. Licensee is responsible for the thresholds, scopes, and definitions it configures. --- ## 9. Data and Deployment Architecture **9.1 Customer-deployed architecture.** SAT and ASM are deployed as Licensee-controlled software within a Licensee Cloud Account. **Tenant Data is not received, stored, transmitted, or otherwise processed by HailBytes.** In respect of Tenant Data, HailBytes is neither a controller nor a processor, and no HailBytes data processing agreement applies to it. Licensee, or its Client, is the controller of Tenant Data and is solely responsible for its lawful basis, security configuration, access control, retention, deletion, backup, and for detecting, assessing, and notifying any security incident affecting it. **9.2 Telemetry.** Telemetry is disabled by default and transmits only where Licensee affirmatively enables it. HailBytes shall not enable Telemetry in a Licensee instance without Licensee's action. Where Licensee enables Telemetry, HailBytes processes the resulting data as an independent controller for product improvement, error diagnosis, and security purposes. HailBytes documents the categories of data Telemetry collects and applies technical measures to minimize the inclusion of personal data. Licensee acknowledges that error and diagnostic reports may incidentally contain personal data, including network addresses, identifiers, hostnames, and file paths, and that Licensee is responsible for deciding whether to enable Telemetry and for informing its own personnel and Clients accordingly. **9.3 Operational data.** HailBytes' processing of account, support, billing, and consent-based marketing-contact data is governed by the HailBytes Data Processing Agreement at https://hailbytes.com/legal/dpa/. --- ## 10. Intellectual Property HailBytes and its licensors retain all right, title, and interest in and to the Software, the Source Code, and all intellectual property rights in them. This License grants only the rights it expressly states, and no rights are granted by implication, estoppel, or otherwise. Licensee retains all right, title, and interest in Tenant Data and in any material it supplies. Licensee owns the modifications it makes under Section 4.2(d), subject to HailBytes' rights in the underlying Software, and Licensee grants HailBytes no license in those modifications except any it chooses to submit to HailBytes voluntarily. --- ## 11. Warranty and Disclaimer **11.1 Limited warranty.** HailBytes warrants that, during the term of the Entitlement, the Software will perform materially in accordance with the Documentation. Licensee's exclusive remedy, and HailBytes' sole obligation, for breach of this warranty is that HailBytes will use commercially reasonable efforts to correct the non-conformity and, if it does not do so within a reasonable period after written notice, will permit Licensee to terminate the affected Entitlement and will refund amounts paid for the unused portion of its term. **11.2 Exclusions.** Section 11.1 does not apply to a non-conformity caused by a modification made under Section 4.2(d), by combination of the Software with anything not supplied or authorized by HailBytes, by use other than in accordance with the Documentation or this License, by Licensee's infrastructure, configuration, or cloud provider, or to Software provided on a no-charge basis under Section 6.4. **11.3 DISCLAIMER.** EXCEPT AS EXPRESSLY STATED IN SECTION 11.1, THE SOFTWARE IS PROVIDED "AS IS" AND HAILBYTES DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT (EXCEPT AS PROVIDED IN SECTION 12), QUIET ENJOYMENT, OR ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. HAILBYTES DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT IT WILL IDENTIFY, DETECT, PREVENT, OR REMEDIATE EVERY SECURITY THREAT, VULNERABILITY, MISCONFIGURATION, EXPOSED ASSET, OR ATTACK. SECURITY SOFTWARE REDUCES RISK; IT DOES NOT ELIMINATE IT. LICENSEE REMAINS RESPONSIBLE FOR ITS OWN SECURITY PROGRAM AND FOR ITS OWN AND ITS CLIENTS' COMPLIANCE OBLIGATIONS. --- ## 12. Intellectual Property Indemnity **12.1 HailBytes indemnity.** HailBytes shall defend Licensee against any third-party claim alleging that the Software, as provided by HailBytes, infringes or misappropriates that third party's patent, copyright, trademark, or trade secret, and shall indemnify Licensee against damages, liabilities, and costs finally awarded against Licensee or agreed by HailBytes in settlement of such a claim. **12.2 Exclusions.** Section 12.1 does not apply to a claim arising from **(a)** modification of the Software by anyone other than HailBytes, where the claim would not have arisen but for the modification; **(b)** combination or use of the Software with any product, service, data, or process not supplied or authorized by HailBytes, where the claim would not have arisen but for the combination or use; **(c)** use of the Software other than in accordance with the Documentation or this License; **(d)** Licensee's own products or services, including its managed services; **(e)** continued use after HailBytes has notified Licensee to stop and has made available a substantially equivalent non-infringing alternative; **(f)** any specification, requirement, or material furnished by Licensee or a Client; or **(g)** Software provided on a no-charge basis under Section 6.4. **12.3 Remedies.** If the Software becomes, or in HailBytes' reasonable judgment is likely to become, the subject of a claim under Section 12.1, HailBytes may at its option and expense (a) procure the right for continued use, (b) modify or replace the Software so that it is non-infringing and materially equivalent in functionality, or (c) terminate the affected Entitlement and refund amounts paid for the unused portion of its term. **12.4 Procedure.** Licensee shall give HailBytes prompt written notice of the claim (a delay relieving HailBytes only to the extent it is materially prejudiced), reasonable cooperation at HailBytes' expense, and sole control of the defense and settlement — except that HailBytes shall not, without Licensee's prior written consent, enter into any settlement that admits fault on Licensee's behalf, imposes any payment or non-monetary obligation on Licensee, or does not unconditionally release Licensee. **12.5 Exclusive remedy.** Sections 12.1 to 12.4 state HailBytes' entire liability, and Licensee's exclusive remedy, for any claim of intellectual-property infringement or misappropriation by the Software. --- ## 13. Limitation of Liability **13.1 EXCLUSION.** EXCEPT AS PROVIDED IN SECTION 13.3, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOSS OF GOODWILL, OR LOSS OR CORRUPTION OF DATA, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY. **13.2 CAP.** EXCEPT AS PROVIDED IN SECTION 13.3, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS LICENSE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID OR PAYABLE FOR THE SOFTWARE UNDER THE ORDER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM, AND (B) ONE THOUSAND US DOLLARS (US$1,000). WHERE THE SOFTWARE WAS PROVIDED ON A NO-CHARGE BASIS UNDER SECTION 6.4, HAILBYTES' TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED US DOLLARS (US$100). **13.3 Exclusions from the limits.** Sections 13.1 and 13.2 do not apply to: **(a)** HailBytes' obligations under Section 12; **(b)** Licensee's obligations under Section 8.2(e); **(c)** Licensee's obligation to pay amounts due under the Order; **(d)** Licensee's breach of Section 5 (Restrictions) or Section 15 (Export Control and Sanctions); or **(e)** a party's gross negligence, willful misconduct, or fraud. Nothing in this License limits any liability that cannot be limited under applicable law, including liability for death or personal injury caused by negligence. **13.4 Allocation of risk.** The limitations in this Section reflect an allocation of risk that is a material basis of the bargain, are reflected in the price of the Software, and apply notwithstanding the failure of any limited remedy. --- ## 14. Term and Termination **14.1 Term.** This License takes effect when Licensee first installs, deploys, accesses, or uses the Software and continues for the term of the Entitlement. **14.2 Independence from reseller arrangements.** **This License and Licensee's Entitlement are not conditioned on, and do not terminate, suspend, or diminish by reason of, the expiration or termination of any agreement between HailBytes and any reseller, distributor, or marketplace partner through which Licensee acquired the Software, or by reason of any change in Licensee's relationship with such a person.** Licensee's Entitlement continues for its term in accordance with the Order. **14.3 Termination by HailBytes.** HailBytes may terminate this License and the Entitlement: **(a)** on thirty (30) days' written notice, for Licensee's material breach not cured within that period; or **(b)** immediately on written notice, for Licensee's breach of Section 5(b) (circumvention of metering), Section 8.2 (authorization to scan), or Section 15 (export control and sanctions), or on Licensee's insolvency, bankruptcy, administration, receivership, liquidation, or assignment for the benefit of creditors. **14.4 Termination by Licensee.** Licensee may terminate this License at any time by ceasing all use of the Software and destroying all copies. Termination by Licensee does not entitle Licensee to a refund except as Section 11.1 or Section 12.3 provides. **14.5 Effect of termination.** On termination or expiration, Licensee shall cease all use of the Software, decommission all instances, and destroy or permanently delete all copies of the Software and any Source Code in its possession or control, except copies retained in routine backups until deleted in the ordinary course. Tenant Data remains in Licensee's own cloud account and is Licensee's responsibility. Sections 1, 5, 7.2, 7.3, 8.2(d), 8.2(e), 9, 10, 11.3, 12, 13, 14.5, 15, 16, and 18 survive. --- ## 15. Export Control and Sanctions **15.1** Licensee shall comply with all applicable export-control, economic-sanctions, and import laws, including the U.S. Export Administration Regulations, the sanctions programs administered by the U.S. Office of Foreign Assets Control, and, where applicable, Regulation (EU) 2021/821 and UK export-control and sanctions legislation. **15.2** Licensee shall not export, re-export, transfer, or provide access to the Software or Source Code: **(a)** to or for the benefit of any person listed on any restricted-party, denied-party, or sanctions list maintained by OFAC, the U.S. Bureau of Industry and Security, the U.S. Department of State, the United Nations Security Council, the European Union, or the United Kingdom, or any person owned or controlled fifty percent (50%) or more in the aggregate by one or more such persons; **(b)** in, to, or from any country or territory subject to comprehensive sanctions or embargo; or **(c)** for any end use prohibited by applicable export-control law, including any use in connection with nuclear, chemical, or biological weapons or missile technology, or any unauthorized military, military-intelligence, or surveillance end use. **15.3** Licensee acknowledges that certain cybersecurity, intrusion, and network-surveillance items are subject to export control, that ASM performs active scanning and enumeration functions that may fall within such controls, and that a license or license exception may be required for some destinations, end users, and end uses. Licensee is responsible for any authorization required for its own onward transfers. --- ## 16. U.S. Government End Users The Software is "commercial computer software" and "commercial computer software documentation" as those terms are used in FAR 12.212 and DFARS 227.7202. Consistent with those provisions, the Software is licensed to U.S. Government end users only with the rights granted to all other end users under this License, and any use, duplication, disclosure, modification, or transfer is subject to the restrictions in this License. No other rights are granted, and no additional government rights attach. --- ## 17. Third-Party Components The Software may incorporate third-party open-source or commercially licensed components. Those components are licensed under their own terms, which are set out in the NOTICE or THIRD-PARTY-NOTICES file accompanying the Software. Nothing in this License restricts, alters, or diminishes Licensee's rights, or enlarges Licensee's obligations, under the license terms applicable to those components, and to the extent a component's license conflicts with this License in respect of that component, the component's license controls in respect of that component only. --- ## 18. General **18.1 Marketplace and reseller arrangements; precedence.** Where Licensee acquired the Software through a cloud provider marketplace, the marketplace operator's terms govern billing, invoicing, metering reporting, payment, refunds, and the marketplace transaction itself, and this License governs Licensee's rights in and use of the Software. Where the applicable marketplace requires a standard contract or standardized license terms, and those terms conflict with this License in respect of a matter they address, those terms control in respect of that matter only, and the remainder of this License continues in full force — provided that Sections 3.3, 8.2, 14.2, and 15 apply in all cases. Where Licensee acquired the Software through an authorized reseller, the commercial terms between Licensee and that reseller govern price, payment, and any services the reseller provides, and do not vary this License. **18.2 Entire agreement.** This License, together with the Order and any document it expressly incorporates, is the entire agreement between HailBytes and Licensee in respect of the Software and supersedes all prior and contemporaneous understandings. No marketing material, pricing page, comparison, sizing guidance, roadmap, or statement by any person has contractual effect or creates any representation, warranty, or duty of care. No purchase order, vendor portal term, or similar document issued by Licensee varies this License, whether or not HailBytes acknowledges or performs against it. **18.3 Updates to this License.** HailBytes may issue updated versions of this License. **An updated version applies only to Entitlements acquired, and renewals commencing, after it takes effect.** Licensee's existing Entitlement remains governed by the version in force when it was acquired. The current version is published at https://hailbytes.com/legal/ and version history is preserved. **18.4 Assignment.** Licensee may not assign or transfer this License or any Entitlement without HailBytes' prior written consent, except that Licensee may assign it in its entirety to a successor in connection with a merger, acquisition, reorganization, or sale of substantially all of its assets, on written notice to HailBytes. Any purported assignment in breach of this Section is void. HailBytes may assign this License to an affiliate or to a successor in connection with a merger, acquisition, reorganization, or sale of substantially all of its assets. **18.5 Governing law and venue.** This License is governed by the laws of the State of Delaware, United States of America, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The state and federal courts located in the State of Delaware have exclusive jurisdiction over any dispute arising out of or relating to this License, and each party waives any objection to venue and to the convenience of that forum. **EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY.** Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information. **18.6 Waiver and severability.** No failure or delay in exercising a right waives it. If any provision is held unenforceable, it shall be reformed to the minimum extent necessary to make it enforceable while preserving the parties' intent, and the remainder continues in full force. **18.7 No third-party beneficiaries.** This License confers no rights on any person who is not HailBytes or Licensee, except that a Client on whose behalf Licensee operates the Software has the benefit of Section 9.1 and Section 14.2. **18.8 Interpretation.** "Including" means "including without limitation." Headings are for convenience only. References to a Section are to a Section of this License. **18.9 Notices.** Notices to HailBytes shall be sent to HailBytes, LLC, 5193 Cathay Court, Denver, CO 80249, USA, with a copy to legal@hailbytes.com. Notices to Licensee shall be sent to the contact associated with the Order. --- *HailBytes Commercial Software License, Version 1.0. Copyright © 2026 HailBytes, LLC. All rights reserved. SPDX license identifier: `LicenseRef-HailBytes-Commercial-1.0`.*