FireDaemon Policies

FireDaemon End User License Agreement (EULA)

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

FireDaemon Pro
FireDaemon Pro OEM
FireDaemon Fusion
FireDaemon Fusion OEM
FireDaemon Zero
FireDaemon Zero OEM
FireDaemon ZeroInput
FireDaemon daeMON
FireDaemon Synkronize
FireDaemon Certify One

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 remain at all times, the absolute and unrestricted property of FDT. Nothing in this Agreement shall prejudice, impair, jeopardise, or otherwise adversely affect the rights of FDT as sole and exclusive owner of the Software.

Manufacturer and Marketer

FDT Software is manufactured and marketed by:

FireDaemon Technologies Limited

90 High Street

Newmarket

Suffolk

CB8 8FE

United Kingdom

Company Number: 05901601

Registered in England and Wales

Email: support at firedaemon dot com

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

Copyright and Trademark

FireDaemon® is a registered trademark of James Bourne in the USA and other countries.

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

Warranty Disclaimer

All efforts have been made to ensure that the Software is free from defects. The Software (including any and 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 FDT (including all agents, distributors, sub-contractors, affiliates, branches, outlets and any other persons or companies associated with FDT worldwide) against any damages or claims that may arise from the use or misuse of the Software.

FDT 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 FDT 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 FDT harmless from any and all claims or losses relating to such unauthorised use.

In no event will FDT shall 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 FDT 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 license, a workstation or server refers to any physical computer or virtual machine ("Server") onto which an operating system is installed.

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 workstation or server ("Server") on which the Software is installed.

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 daeMON
FireDaemon Synkronize
FireDaemon Certify One

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

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

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 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
FireDaemon daeMON

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 FDT's request, and at FDT's expense, FDT 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 the 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 FDT's reasonable costs for conducting the audit.

Transfer

A license can be transferred from the original licensee to a third party by advising FDT 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, FDT shall have the right to terminate this Agreement immediately without prior notice or legal proceeding. FDT shall have the right to commence the appropriate legal proceeding in order to recover costs, losses, and damages as a result 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 Data Protection Act (UK), 2018. 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 should you subscribe to one of our mailing lists
Anonymised IP address and browser information when you visit our website properties.

Financial Information

Cleverbridge is our primary payment processor partner. 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 used when making the purchase. For more information please see:

FastSpring is our secondary payment processor partner. 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 used when making the purchase. For more information please see:

FireDaemon Software Refund Policy

Try Before You Buy

All FireDaemon software products are available for purchase on the FireDaemon web site. All the software products are available for download (with the exception of the OEM variants) and are fully functional. We provide a 30-day free trial period to let you fully evaluate the software product to ensure it meets your needs prior to making a purchase decision. None of our software requires registration to enable its full functionality. During your trial period, our support staff 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 prior to 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 30-day trial 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, 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 are able to positively identify your order, and if your request is made within 30 days of purchase, you must submit to us a letter of destruction of software on your company letterhead before 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.

Upgrades and Support Policy

What is a License?

All FireDaemon software is licensed. We offer four license types: Perpetual End User, Perpetual OEM, MSP and Free. A FireDaemon Perpetual software license means you have the right to continue to use the specific major version of the software you purchased indefinitely (e.g. FireDaemon Pro 5). This is even if your Software Assurance subscription has expired. Your software will not time out or cease working. Your license key will continue to work even if you have to reinstall the software. MSP licenses are only valid while you continue to pay your monthly Software Assurance subscription. Our End User License Agreement (EULA) details the specifics of each licensing scheme.

What FireDaemon software products require a license key?

All Perpetual End User and MSP software products require a license key to be applied to ensure the software continues to function after the 30-day trial elapses. FireDaemon OEM software products do not require a license key.

How are FireDaemon software licenses delivered?

FireDaemon software licenses are delivered electronically in the form of a "Serial Number Name" and "Serial Number". To license your FireDaemon software product, you will need to copy/paste the Serial Number Name and Serial Number into the corresponding product's Registration dialog. We only deliver one Serial Number Name and Serial Number irrespective of the number of licenses ordered. The reason for this is that FireDaemon software licenses are defined as a "volume licence key". The volume license key is mapped to your order. Your order determines how many installs of the FireDaemon software product are permitted.

What FireDaemon software product version will my license key work with?

Your FireDaemon software product license key will only work with the major version you purchased. For example, if you purchased FireDaemon Pro 5, your license key will work with all versions of FireDaemon Pro from 5.0 through 5.4. Your license key will NOT WORK with any newer or any older version of FireDaemon Pro (e.g. FireDaemon Pro 4).

What is a major software version update?

When we release a brand new version of a FireDaemon software product then this is considered a major version update. FireDaemon Pro 5 is considered a major version. A major version update would be when you wanted to upgrade from any version of FireDaemon Pro 4 to any version of FireDaemon Pro 5.

What is a minor software version update?

When we release patches or incremental feature updates to a FireDaemon software product then this is considered a minor version update. Upgrading from FireDaemon Pro 4.0.72 to FireDaemon Pro 4.6.3 or FireDaemon Pro 5.3.1 to 5.4.12 is considered a minor version update.

What is Software Assurance and Priority Technical Support?

Software Assurance allows you to upgrade to the latest major version of your corresponding FireDaemon software product at no charge (e.g. FireDaemon Pro 4 to FireDaemon Pro 5). Priority Technical Support gives you expedited support plus additional support options in addition to ticketed email support based on your need (e.g. remote hands, phone, chat, video conference). Priority Technical Support covers product features, functions, and capabilities of the purchased FireDaemon product. It does not cover integration with third-party products.

Can I upgrade?

All FireDaemon software products can be upgraded. If you have a Perpetual End User license then minor version updates are free. Otherwise, major and minor version updates will either be free or paid for depending on your license type and whether you have an active Software Assurance subscription.

How do I find out whether I have an active Software Assurance subscription?

Please see these instructions that show you how to look up your FireDaemon order history.

I have an active Software Assurance subscription

You are entitled to be upgraded to the latest major version of your corresponding FireDaemon software product at no charge. Your most recent Cleverbridge Order Confirmation will contain details of your Software Assurance subscription and when it will expire. When your maintenance subscription renews you will be automatically supplied with a new license key that can be used with the latest version of your corresponding FireDaemon software product. If you wish to upgrade to the latest version mid-subscription cycle, simply submit a ticket and advise us of your Cleverbridge Order Reference Number. We will then supply you with upgrade license keys.

I don't have a Software Assurance subscription or it has expired

If you did not purchase a Software Assurance subscription, you are not entitled to upgrade to the latest major version of the FireDaemon software product for free. If your Software Assurance subscription has expired, you are no longer eligible to upgrade for free to the latest major version of the corresponding FireDaemon software product if that version is released after the expiry date of your subscription. Otherwise, you are entitled to the last major version of the FireDaemon software released during your subscription period.

If your subscription expires, we offer a grace period of up to 12 months to allow you to renew your Software Assurance subscription. The subscription will be backdated to the date of the renewal anniversary. If your subscription has expired for more than 12 months, then you will need to purchase "upgrade licenses". We will provide volume and or upgrade discounts on a case-by-case basis depending on how long your Software Assurance subscription has lapsed.

Software Assurance and Priority Technical Support for OEM Customers

All FireDaemon OEM products ship with 12 months of Software Assurance and Priority Technical Support by default. This means you are entitled to receive major and minor version upgrades for 12 months from the date of purchase. To continue receiving software updates to your FireDaemon OEM product, you must maintain a Software Assurance and Priority Technical Support subscription. If your FireDaemon OEM product subscription lapses then you will no longer be eligible for any major or minor version upgrades. For clarity:

Major version upgrades are classified as 4.0, 5.0 and so forth.
Minor version upgrades are classified as .4, .5, .6 and so forth.

Thus:

If your subscription to an OEM product has lapsed within 12 months you will need to renew your existing subscription. The price of the maintenance renewal is equivalent to one year's annual maintenance of the product in question and is backdated to the date of your original renewal date.
If the subscription has expired for over 12 months and less than 24 months, then you will need to purchase a new annual subscription. The price of the subscription renewal is equivalent to two years' annual maintenance and is valid for 12 months from the date of purchase.
If the subscription has expired for over 24 months, then the OEM product will need to be purchased again.

Please submit a ticket and advise us on what OEM subscription you need to renew.

Software Assurance and Priority Technical Support for MSP Customers

FireDaemon MSP products are monthly subscription-only products and include Software Assurance and Priority Technical Support subscriptions by default. Once the subscription expires your right to use any version of the FireDaemon software product ceases. To continue to use the FireDaemon software product you will need to renew your monthly subscription. Please submit a ticket and advise us on what MSP subscription you need to purchase and/or renew.

Anti-Slavery Policy

At FireDaemon Technologies Limited, 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 recognize 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 Technologies Limited.
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: