Firekeeper server license terms
These terms apply to the Firekeeper dashboard server (firekeeper-server), sold by Lucky Daisy LLC. They are the same text as the LICENSE file in every server download. The Firekeeper client is a separate open source project under the Apache License 2.0.
Refunds: see the refund policy (full refund within 14 days). How your data is handled: see the privacy policy.
Firekeeper Server Commercial License Agreement
This agreement is between Lucky Daisy LLC, a California limited liability company, 307 Cassidy Ct., Roseville, CA ("Licensor"), and the person or organization named in the License Key ("Licensee"). By installing or running the Software you accept it. If you accept for an organization, you confirm you have authority to bind it.
1. Definitions
- "Software" means the Firekeeper server in binary form and its documentation, in the versions Licensor makes available.
- "License Key" means the signed text (beginning "FKL1.") issued to Licensee. It records the tier, seat count, licensee name, update date and expiry date that apply to this agreement.
- "Seat" means one individual who is given access to the Software's dashboard.
- "Client" means the separate Firekeeper command-line software, which is licensed under the Apache License 2.0 and is not part of the Software.
- "Instance" means one running copy of the Software.
2. Grant
Subject to this agreement and payment of the fees, Licensor grants Licensee a non-exclusive, non-transferable, non-sublicensable license, for the term in the License Key, to install and run the Software on systems Licensee controls, for Licensee's internal business purposes. The license covers one production Instance per License Key, plus any number of non-production Instances used for testing and staging, and up to the number of Seats in the License Key.
3. Restrictions
Licensee will not: (a) copy, modify or create derivative works of the Software; (b) reverse engineer, decompile or disassemble the Software, or try to derive its source code, except where applicable law allows this despite this restriction; (c) remove, alter or bypass the License Key check or any notice in the Software, or create or use a License Key that Licensor did not issue; (d) sell, rent, lease, host for third parties or otherwise make the Software available to anyone other than Licensee's own personnel; (e) publish benchmark results without Licensor's consent; (f) use the Software to build a competing product.
4. License Keys and Seats
- Licensor issues the License Key after payment. The key is confidential and tied to Licensee. Licensee will not share it outside its organization.
- The Software checks the key on the machine where it runs and does not contact Licensor.
- Seat limits are not technically enforced. If Licensee exceeds its Seats, it will buy more within 30 days of learning of it, and Licensor may invoice for the excess at the then-current price.
5. Term, expiry and grace
- The license runs until the expiry date in the License Key and renews only if Licensee buys a new key.
- The Software continues to run for 14 days after expiry. After that it will not start. Licensee may keep its data and may export it using the Software's own export function.
- Licensor may end this agreement on written notice if Licensee materially breaches it and does not fix the breach within 30 days. On ending, Licensee stops using the Software and deletes it.
6. Updates and support
- The License Key states an update date. Licensee may install every version released on or before that date. After that date Licensee may continue to run versions it already has, but is not entitled to later versions.
- Support is not included unless Licensor agrees to it in writing, for example in the order or invoice.
7. Ownership
Licensor and its licensors own the Software and all rights in it. This agreement grants a license, not a sale, and reserves all rights not expressly granted. Licensee owns its data. The Software processes Licensee's data only on Licensee's systems, and Licensor does not receive it.
8. Open-source components
The Software includes third-party open-source components under their own licenses, listed in THIRD_PARTY_NOTICES.md. Those licenses apply to those components. Nothing in this agreement restricts rights those licenses give.
9. Warranty disclaimer
The Software is provided "as is". To the extent the law allows, Licensor disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. Licensor does not promise that the Software will be error-free or that it will redact every secret before upload. Redaction is best effort and Licensee remains responsible for what its agents send.
10. Limitation of liability
To the extent the law allows: (a) Licensor is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data; and (b) Licensor's total liability under this agreement is limited to the fees Licensee paid in the 12 months before the claim.
11. Confidentiality and feedback
Each party keeps the other's non-public information confidential and uses it only for this agreement. Feedback Licensee gives may be used by Licensor without obligation.
12. Trials
A License Key marked as an evaluation key lasts for the period in the key, is for evaluation only, and is provided without warranty or support.
13. General
- Governing law: the laws of the State of California, USA, without regard to conflict-of-law rules. Venue: the state and federal courts located in Sacramento County, California.
- Licensee may not assign this agreement without Licensor's written consent, except to a successor of its whole business.
- This agreement and the order or invoice are the whole agreement. Changes must be in writing.
- If a provision is unenforceable, the rest stays in force.
- Licensee will follow export control and sanctions laws that apply to the Software.
14. Free local use
- Without a License Key, Licensee may run the Software, free of charge, for its own personal or internal use on a single computer ("Local Use"), as long as the Software is set up to accept connections only from that computer (a loopback address) and has no accounts or tokens. This is how the Software runs when no License Key is present.
- Local Use is under all of this agreement except that no License Key, fee, Seat, term, expiry, update date or support applies, and sections 2, 4, 5 and 6 do not apply to it. Section 3 (Restrictions) applies in full.
- Local Use does not include making the Software, or its dashboard, available to anyone else or to another computer, including through a tunnel, proxy, port forward or shared account, running it for a third party, or offering it as a service. Those need a License Key.
- Licensor may change or end Local Use for versions released after notice given in the Software's documentation.