FireDaemon Policies

FireDaemon End User License Agreement (EULA)

Last Updated 4 August, 2025

You should carefully read this Software License Agreement ("Agreement") prior to using, installing, copying, or duplicating any FireDaemon ("FD") software products ("Software") named:

* FireDaemon Pro
* FireDaemon Pro OEM
* FireDaemon Fusion
* FireDaemon Fusion OEM
* FireDaemon Zero
* FireDaemon Zero OEM
* FireDaemon Certify One
* FireDaemon Certify One OEM
* FireDaemon ZeroInput
* FireDaemon Synkronize
* FireDaemon Lozenge

By downloading or copying or installing or using the Software you implicitly agree to all terms and conditions as set out within this Agreement and terms of use set out below.

This Agreement applies to all versions of the Software whether current or obsolete, supported, or unsupported.

This Software product is licensed, not sold. It is and shall always remain, the absolute and unrestricted property of FD. Nothing in this Agreement shall
prejudice, impair, jeopardise, or otherwise adversely affect the rights of FD as sole and exclusive owner of the Software.

Manufacturer and Marketer

FD Software is manufactured and marketed by:

Phantasma Pty Ltd Trading As FireDaemon
Shop 2, 290 Boundary Street
Spring Hill, QLD, 4000
Australia

Email: support at firedaemon dot com

All correspondence regarding this Agreement should be directed to the email address or address above.

Copyright and Trademark

Copyright (C) 1999-2025 FireDaemon
All rights reserved.

FireDaemon (R) is a registered trademark of James Bourne in the USA and other countries.

This Software product is a copyrighted work and is protected by Australian and international copyright laws and treaties.

Warranty Disclaimer

All efforts have been made to ensure that the Software is free from defects. The Software (including all accompanying software, manuals, files, data, and materials) are distributed and provided "as is" without any warranty whatsoever implied or otherwise.

Indemnity and Special Conditions

You ("the Customer") hereby indemnify FD (including all agents, distributors, sub-contractors, affiliates, branches, outlets and any other persons or
companies associated with FD worldwide) against any damages or claims that may arise from the use or misuse of the Software.

FD hereby agrees to indemnify, defend and hold harmless You, Your affiliates, their officers, directors, shareholders, employees, and representatives from and against any and all claims, demands and actions (including damages, losses, expenses, attorney's fees, and litigation costs) based on a violation, misappropriation or infringement of a third party proprietary right in a patent, trademark, copyright or trade secret arising from the use of the Software.

Under no circumstances does FD authorise you to use the Software in applications or systems where the Software's failure to perform can reasonably
be expected to result in a significant physical injury or loss of life. Any such use by you is entirely at your own risk, and you agree to hold FD
harmless from all claims or losses relating to such unauthorised use.

In no event FD will be liable for any indirect, incidental, or consequential damages (including, without limitation, indirect, special, punitive, or
exemplary damages for loss of business, loss of profits, business interruption, loss of data, or loss of business information) arising out of
the use or inability to use the Software even if FD has been advised of the possibility of such damages.

General Terms of Use

The Software cannot be used for any purpose, related or otherwise that involves any illegal or unauthorised attempt to gain access to any computer
system, any act of racism, vandalism, persecution, terrorism, general provoked or unprovoked aggression or war nor any other illegal, malicious, or criminal activity.

Further, you may not modify, enhance, supplement, create any derivative work from, adapt, translate, reverse engineer, decompile, disassemble, or otherwise reduce the Software to a human-readable form.

Specific Terms of Use

For the purposes of this EULA, a workstation or server refers to any physical computer or virtual machine ("Server") onto which an operating system
is installed in any environment including but not limited to personal, corporate, on premises, data centre, or cloud.

The Software may only be used after the appropriate license fees have been paid for in full. The licensee must be in possession of a license for each and every Server on which the Software is installed irrespective of use including but not limited to production, testing, or sandbox environments.

The Software is licensed in three ways:

1. END USER

End User Software Products are defined as:

* FireDaemon Pro
* FireDaemon Fusion
* FireDaemon Zero
* FireDaemon ZeroInput
* FireDaemon Synkronize
* FireDaemon Certify One
* FireDaemon Lozenge

The Software is licensed to the Customer for their own use on any owned, rented or leased Server in their possession.

OR

The Software is licensed to a Customer. The Customer is permitted to lend the license to their nominated Client ("Client") to install on the Client's owned, rented, or leased servers.

2. INDEPENDENT SOFTWARE VENDOR ("ISV")

ISV Software Products are defined as:

* FireDaemon Pro OEM
* FireDaemon Fusion OEM
* FireDaemon Zero OEM
* FireDaemon Certify One OEM

The Software is licensed to the Customer where it is embedded in a discrete software product or discrete hardware product and the Customer then sells that product on to a third party (Customer's customer).

A discrete software product is where the Software is embedded or included inside a standalone installer (MSI or equivalent) and then sold in its
entirety to the Customer's customer.

A discrete hardware product is where the Software is installed as part of an application stack on a hardware appliance that is then sold in its entirety to
the Customer's customer.

In either case, The Customer does not normally access, configure, or use the Software for any purpose outside of the ISV's intended use.

It is not permitted for the Software to be included in any free or non-commercial discrete software or discrete hardware product.

3. SERVICE PROVIDER ("SP")

SP Software Products are defined as:

* FireDaemon Pro
* FireDaemon Fusion
* FireDaemon Zero
* FireDaemon ZeroInput

The Customer shall be granted a license to use the Software on their own hardware for the use of their Clients. This may be by rental or lease to the
Client.

Service provider explicitly includes Managed Service Provider (MSP), Internet Service Provider (ISP), Infrastructure as a Service (IaaS), Platform as a
Service (PaaS) Software as a Service (SaaS), Game Service Provider (GSP) or any other vendor that deploys the Software on-demand on their servers that are then rented to their Clients and where the client may have access to and uses the Software for their own purposes.

Compliance and Audit

At FD's request, and at FD's expense, FD may conduct an audit of the Customer's use of the Software. Any such audit shall be conducted during
regular business hours at the Customer's facilities and shall not unreasonably interfere with Customer's business activities. If an audit reveals that the
Customer has underpaid in relation to the actual use of the Software, in addition to other remedies, the Customer shall be invoiced for such underpaid fees. If the underpaid fees exceed five percent (5%) of the license fees paid, then the Customer shall also pay FD's reasonable costs for conducting the audit.

Transfer

A license can be transferred from the original licensee to a third party by advising FD of the transfer in writing. This transfer can occur only once and
cannot be perpetuated. Upon transfer, all obligations of the original licensee are terminated and transferred to the new owner. The original licensee will immediately cease using the Software.

The ISV or SP Software license cannot be transferred under any circumstances.

Termination

If you fail to comply with any of the provisions contained herein, FD shall have the right to terminate this Agreement immediately without prior notice or legal proceeding. FD shall have the right to commence the appropriate legal proceeding to recover costs, losses, and damages because of the failure to comply. Upon termination, you must immediately discontinue the use and redistribution of the Software.

FireDaemon Privacy Policy

We respect your privacy online. When dealing with our support team or purchasing software licenses from us you may be asked to disclose information about yourself, your company, your computer systems, applications, and operating systems.

Our Policy

We respect your privacy. We do not tolerate any form of online abuse. Information that you supply us as part of any interaction with us (e.g. visiting our website, purchasing software, seeking sales and technical support) is kept private and confidential and is only accessible by authorised employees on a need-to-know basis. We retain the information that you supply us for only the amount of time that is permitted based on statutory requirements. We do not harvest or sell your information. We do not distribute your information to any third party for any purpose under any circumstances.

Exception

It may be necessary for us to email you to advise you of critical software product defects, faults, and issues. These notifications are very rare. You will be given the opportunity at that time to opt out and never receive any further email correspondence in any form from us ever again.

Personal Information

All information that we capture and store complies with the requirements of the Australian Privacy Act 1988. We capture the following information about you as part of our day-to-day operations:

Your name, email address, company details, software license details, computer system details, network details, application details and other relevant information supplied by you when you contact us for technical or sales support to allow us to investigate and resolve sales and technical support-related inquiries and issues
Your name and email address will be required if you subscribe to one of our mailing lists
Anonymised IP address and browser information are collected when you visit our website properties.

Financial Information

Cleverbridge is one of our payment processors. Cleverbridge is responsible for capturing your name, company name, company address, taxation ID, and payment information (e.g. credit card details) when you purchase software licenses from us via their payment processing platform. That information is retained and stored by Cleverbridge. We can access purchase information. We have restricted access to credit card information. This is limited to the type of credit card used and the last four digits of the card when making the purchase. For more information, please see:

FastSpring is one of our payment processors. FastSpring is responsible for capturing your name, company name, company address, taxation ID, and payment information (e.g. credit card details) when you purchase software licenses from us via their payment processing platform. That information is retained and stored by FastSpring. We can access purchase information. We have restricted access to credit card information. This is limited to the type of credit card used and the last four digits of the card when making the purchase. For more information, please see:

FireDaemon Refund Policy

Try Before You Buy

All FireDaemon software products are available for purchase on the FireDaemon website. All the software products are available for download and are fully functional. We provide free trials to allow you to fully evaluate our software products to ensure they meet your needs before making a purchase decision. None of our software requires registration to enable its full functionality. During your trial period, our support team are available to assist in installation and configuration via email, ticket or telephone. We strongly recommend that all customers download, install, and test the trial version of any FireDaemon product before making a purchase.

Refunds Policy Post Purchase

After a cleared payment on the purchase of one of our products occurs, you will receive an email with the serial number required to unlock the FireDaemon software. Once this information is emailed to you, no refund will be given. This policy is in place since it would be impossible for you to return your registered version of our software. We cannot issue a refund for any FireDaemon OEM product under any circumstances, given its licensing model. Please take advantage of the free trials before you complete your purchase.

Refund Under Extenuating Circumstances

In rare instances and only within 30 days of purchase, if due to technical difficulties or platform incompatibilities or the software will not function, we may, at our discretion, issue a refund minus our order processing and banking fees (up to 25% of the purchase price). In such instances, we require that you provide enough information for us to positively identify your purchase transaction (e.g., order number, company name, date of transaction, purchase code, number of licenses purchased, etc.). If we can positively identify your order, and if your request is made within 30 days of purchase, you must submit to us a letter of software destruction on your company letterhead. Once that is received, we will process the refund. FireDaemon is not responsible for lost, delayed, or misdirected mail or email, delays for downloading, or other communication system delays.

Acceptance of this Policy

It is your responsibility to familiarise yourself with this refund policy. By placing an order for any of our products, you indicate that you have read this refund policy and that you agree with and fully accept the terms of this refund policy. If you do not agree with or fully accept the terms of this refund policy, we ask that you do not place an order with us. Please contact us should you have any questions regarding our refund policy.

FireDaemon Upgrade Policy

1. What Is a License?

All FireDaemon software is licensed, not sold. Each license grants you the legal right to use our software under specific terms. We offer three main license types:

End User (Perpetual) – Grants the right to install and use the purchased major version on a single server, workstation, or virtual machine per license purchased (e.g. one license = one install). Your license continues to function even after Software Assurance (SA) expires, and you can reinstall the licensed major version indefinitely.
OEM – Intended for integration into third-party products or solutions. The purchase price includes 12 months of Software Assurance and Priority Technical Support for the first year only. After the first year, renewal is required annually to maintain upgrade and support benefits.
MSP – Monthly subscription model. Your license remains valid only while you continue to pay the subscription. Note: MSP licenses are not key‑locked or license‑locked at this time. The software may continue to run if payment stops, but your legal right to use it ends immediately.

⚠️ Important: A FireDaemon license is strictly one license per server/workstation/VM installation. Additional installs require additional licenses. This requirement is enforced by our EULA and monitored for compliance.

2. License Keys & Delivery

All End User and MSP software requires a license key after the 30-day trial period.
OEM products do not require a license key.
Licenses are delivered electronically as a Serial Number Name and a Serial Number. One volume license key covers the total number of installations purchased, based on the quantity ordered.

3. Version Compatibility

Your license key works only for the major version you purchased.
Example: FireDaemon Pro 5 keys activate 5.0 through 5.x, but not Pro 6.

4. Version Types Explained

Major Version Update: A significant feature release (e.g. Pro 5 → Pro 6). Requires either active Software Assurance or a paid upgrade license.
Minor Version Update: Incremental patches or improvements within the same major version (e.g. 6.0 → 6.3). Always free for licensed users of that major version.

5. What Is Software Assurance (SA)?

SA provides:
- Free upgrades to all major and minor versions released during your active subscription.
- Priority Technical Support (faster response times + optional phone, chat, or remote assistance).
SA does not cover third-party integration or consulting outside FireDaemon products.

6. Upgrade & Maintenance Rules

Minor version updates are always free for your licensed major version.
Major version upgrades require:
- An active SA subscription OR
- The purchase of an upgrade license.

7. Grace Period for Free Upgrades (90 Days)

When SA expires, you have a 90-day grace period to renew and retain free major upgrade rights.
During the grace period, you can:
- Renew SA and immediately regain entitlement to any major upgrades released in that time.
After 90 days:
- Free upgrade eligibility ends.
- To move to the latest major version, you must purchase a paid upgrade license. Renewing SA at this stage is optional but strongly recommended for future updates and support.

8. OEM Customers

OEM licenses include 12 months of SA and support by default for the first year only.
Renewal must occur before expiry to maintain upgrade rights and support.
If OEM SA expires:
- No further upgrades or support are provided.
- Customers must purchase a new SA term or negotiate an upgrade path.

9. MSP Customers

MSP products are monthly subscriptions.
MSP software is not license-locked — it may continue to run if you stop paying — but your legal right to use it ends immediately if payment lapses.
To remain compliant, MSP subscriptions must remain active. No grace period applies.

10. End of Support Policy

FireDaemon will provide 12 months’ advance notice before retiring support for any major version if no successor is available.
Legacy versions past end-of-support will no longer receive patches, updates, or assistance.

🔍 Quick Reference

Perpetual licenses never expire for the purchased major version.
One license = one install on one server/workstation/VM.
90-day grace period on SA renewals to maintain free upgrade rights.
After 90 days, a paid upgrade license is required; SA renewal is optional but recommended.
OEM includes first-year SA; must renew for continued entitlement.
MSP: technically keeps running if unpaid, but legal right to use ends immediately.

FireDaemon Anti-Slavery Policy

At FireDaemon, we are committed to upholding the principles of ethical business conduct and respect for human rights in all aspects of our operations and supply chain. As part of this commitment, we recognise the importance of combating modern slavery and human trafficking in all its forms.

Our Approach

Policy Commitment: We have implemented an Anti-Slavery Policy that outlines our zero-tolerance approach to modern slavery and human trafficking. This policy applies to all employees, contractors, suppliers, and business partners associated with FireDaemon.
Due Diligence: We conduct due diligence assessments to identify and assess potential risks of modern slavery and human trafficking within our operations and supply chain. This includes evaluating the practices of our suppliers and business partners to ensure compliance with relevant laws and international standards.
Supplier Engagement: We engage with our suppliers and business partners to raise awareness about modern slavery and human trafficking and encourage them to adopt responsible business practices. We provide support and guidance to help them improve their policies and procedures related to human rights and labour standards.
Training and Awareness: We provide training and awareness programs to our employees, suppliers, and business partners to ensure they understand the risks of modern slavery and human trafficking and know how to identify and report any concerns or violations.
Monitoring and Reporting: We monitor and review our efforts to combat modern slavery and human trafficking regularly. We have established mechanisms for reporting and investigating any suspected cases of modern slavery or human trafficking, and we take appropriate action to address any identified violations.

Our Commitment

We are committed to conducting our business ethically and responsibly, with respect for human rights and dignity.
We will continue to improve our practices and procedures to prevent and address modern slavery and human trafficking in our operations and supply chain per the International Labour Organisation Protocol on Forced Labour
We will transparently report on our efforts and progress in combating modern slavery and human trafficking in our annual Modern Slavery Transparency Statement.

Contact Information

For more information or to report any concerns related to modern slavery or human trafficking, please contact:

FireDaemon
Shop 2, 290 Boundary Street
Spring Hill QLD 4000
Australia
Email: support @ firedaemon dot com

FireDaemon Policies

FireDaemon End User License Agreement (EULA)

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