FireDaemon Policies

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.