Fluxzy Desktop End-User License Agreement (EULA)

Fluxzy Desktop End-User License Agreement (EULA)

Agreement version: EULA v1.1 — effective 2 November 2024
Licensor: Fluxzy SAS, a company organized under the laws of France,
SIREN 979 280 075 RCS Paris, DUNS 28-096-8290 ("Fluxzy", "We")

Copyright (c) Fluxzy SAS. All rights reserved.


1. Acceptance

This End-User License Agreement ("Agreement") is a binding contract between
you ("You", "Licensee") and Fluxzy SAS governing your use of Fluxzy Desktop,
including its documentation and any updates provided under this Agreement
(the "Software"). By downloading, installing, or using the Software, You
agree to this Agreement. If You do not agree, do not install or use the
Software.

If You accept this Agreement on behalf of an organization, You represent
that You have authority to bind that organization, and "You" refers to that
organization.

This Agreement applies to Fluxzy Desktop only. It does not apply to
components of Fluxzy distributed under an open-source license (such as the
fluxzy.core library), which remain governed by their own license terms.


2. Definitions

"Version" means a release of the Software identified by a major version
number (e.g. 2.x, 3.x).

"LTS Period" means, for each Version, the long-term support window during
which Fluxzy makes Maintenance Releases and support available for that
Version. The LTS Period of each Version is announced at its
general-availability release and published at https://www.fluxzy.io/download.
As of the effective date of this Agreement, the LTS Period of the current
Version runs until April 2028.

"Maintenance Release" means a bug-fix or security update to a Version. It
does not include new Versions.

"Seat" means a single named individual user designated by an Enterprise
licensee.

"Personal Use" means use by an individual, on devices they personally
control, outside the scope of any employment, business, freelance, or other
commercial or organizational activity. Personal Use also includes:
  - use by students and teachers for education and classroom teaching;
  - use within non-profit organizations;
  - use by maintainers of open-source projects for developing and debugging
    those projects.


3. License Tiers

3.1 Free Personal License

Fluxzy grants individuals a free, personal, non-exclusive, non-transferable
license to use the Software for Personal Use only.

As of the date of this Agreement, the free Personal License gives access to
all features of the Software. This is a courtesy, not a commitment: Fluxzy
may, at its sole discretion and at any time, restrict, modify, or remove
features available under the free Personal License in future releases of the
Software, or condition certain features on a paid license. Such changes
apply only to releases published after the change; they do not retroactively
disable a copy of the Software You already lawfully use.

During the LTS Period of a Version, free Personal License users receive
Maintenance Releases for that Version on the same basis as paid licensees.
The free Personal License does not include any support commitment (see
Section 6).

3.2 Evaluation Use

An individual may use the Software in a professional or organizational
context without a paid license for a single evaluation period of fifteen
(15) days, for the sole purpose of assessing the Software before a purchase
decision. Beyond that period, any professional or organizational use
requires a Professional or Enterprise License.

3.3 Professional License (Individual)

For use in any professional, commercial, or organizational context beyond
the evaluation period, You must purchase a Professional License or be
covered by an Enterprise License.

A Professional License is granted to a single named individual. It is:

  - personal to that individual — it may be used on an unlimited number of
    devices, provided the Software is used only by the licensed individual;
  - attached to the individual, not an employer — it may be used in the
    course of work for any organization the individual works for;
  - perpetual for the Versions covered under Section 4;
  - non-transferable — it may not be sold, given, or reassigned to another
    person.

A Professional License does not include any support commitment (see
Section 6).

3.4 Enterprise License (Per-Seat)

An Enterprise License is granted to a legal entity for a stated number of
Seats. The entity may assign Seats to its employees and to external
contractors or agency staff working on its behalf. A Seat may be reassigned
to a different individual at most once per calendar month.

An Enterprise License is perpetual for the Versions covered under Section 4
and is non-transferable, except in connection with a merger, acquisition, or
sale of substantially all assets of the licensee, with written notice to
Fluxzy.

Upon Fluxzy's written request, no more than once per year, the licensee
shall provide a written self-certification of the number of individuals
using the Software, and shall purchase additional Seats for any excess use.


4. Perpetual License — What "Perpetual" Covers

A paid license (Professional or Enterprise) grants You a perpetual right to
use:

  - the Version of the Software that is current on the date of purchase; and
  - any new Version released within sixty (60) days after the date of
    purchase.

"Perpetual" means Your right to use those Versions does not expire. It does
not mean perpetual updates or perpetual support, which are limited by
Section 5. Versions released more than sixty (60) days after purchase
require a new license.


5. LTS, Updates, and End of Support

Each Version of the Software has an LTS Period, announced at release and
published at https://www.fluxzy.io/download. During the LTS Period of a
Version You are licensed to use, Fluxzy will use commercially reasonable
efforts to provide Maintenance Releases (bug fixes and security updates) for
that Version.

After the LTS Period of a Version ends, that Version receives no further
updates of any kind — including security updates — and no support. Your
perpetual license to use the Version continues, but You use an out-of-LTS
Version at Your own risk.

Fluxzy may extend an LTS Period but will not shorten an LTS Period already
announced for a released Version.


6. Support

Fluxzy provides no support commitment under the free Personal License or
the Professional License, and no service-level agreement of any kind.
Issues may be reported on a best-effort community basis at
https://github.com/FluxzySas/fluxzy-desktop-issues/issues/new/choose.

Enterprise support is available under a separate support contract; contact
Fluxzy through https://www.fluxzy.io/contact for a quote. Where a support
contract exists, support is only available for Versions within their LTS
Period.


7. License Activation and Accounts

Paid licenses are enforced by a license key or an account login. Offline
activation is available for environments without internet access.

You are responsible for keeping license keys and account credentials
confidential. A license key may not be shared beyond the scope of the
license tier it belongs to.


8. Restrictions

Except to the extent permitted by mandatory applicable law (including
Articles L.122-6 and L.122-6-1 of the French Intellectual Property Code),
You shall not:

  a. copy (except for reasonable backup), distribute, sublicense, rent,
     lease, lend, sell, or provide the Software to third parties, including
     as a hosted or managed service; offering the Software as part of a
     SaaS, OEM, or bundled product is prohibited;
  b. reverse engineer, decompile, or disassemble the Software, or attempt
     to derive its source code;
  c. modify or create derivative works of the Software;
  d. remove or alter copyright notices or license-enforcement mechanisms;
  e. use a free Personal License in any professional or organizational
     context beyond the evaluation period described in Section 3.2;
  f. use the Software to violate applicable law, including by intercepting
     network traffic You are not authorized to intercept.


9. Lawful Use of Interception Features

The Software is a network capture and analysis tool. You may only use it to
capture, inspect, or modify traffic on networks, devices, and applications
You own or are explicitly authorized to test. You are solely responsible
for compliance with applicable laws on interception, privacy, and data
protection. Fluxzy disclaims all liability arising from unlawful or
unauthorized use.


10. Intellectual Property

The Software is licensed, not sold. Fluxzy SAS and its licensors retain all
right, title, and interest in and to the Software. No rights are granted
except as expressly stated in this Agreement.


11. Privacy and Telemetry

The Software does not send usage data or crash reports to Fluxzy unless You
expressly opt in. Personal data is processed in accordance with Fluxzy's
Privacy Policy at https://www.fluxzy.io/legal/privacy-policy.


12. Beta and Pre-Release Features

Features marked experimental, beta, or preview are provided without any
commitment as to availability, LTS coverage, or support, and may be changed
or removed at any time.


13. Term and Termination

This Agreement is effective until terminated. It terminates automatically
if You materially breach it and, where the breach is curable, fail to cure
within thirty (30) days of notice. Upon termination, You must cease all use
of the Software and destroy all copies; paid fees are non-refundable except
as stated in Section 14 or required by law. Sections 8-10 and 14-18 survive
termination.

For the avoidance of doubt: a paid perpetual license is not revocable at
Fluxzy's convenience; it may only be terminated for Your material breach.


14. Refunds

Fluxzy offers a voluntary fourteen (14) day money-back guarantee from the
date of first purchase of a paid license. This is in addition to, and does
not limit, any statutory withdrawal or refund rights You may have,
including the fourteen-day withdrawal right of consumers in the European
Union.


15. Warranty Disclaimer

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
FLUXZY DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR
UNINTERRUPTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES; STATUTORY RIGHTS OF CONSUMERS ARE NOT AFFECTED.


16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLUXZY SHALL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR
LOSS OF PROFITS, DATA, OR BUSINESS, ARISING OUT OF OR RELATING TO THIS
AGREEMENT OR THE SOFTWARE. FLUXZY'S TOTAL AGGREGATE LIABILITY SHALL NOT
EXCEED THE AMOUNTS PAID BY YOU FOR THE SOFTWARE IN THE TWELVE (12) MONTHS
PRECEDING THE CLAIM (OR ONE HUNDRED EUROS (EUR 100) FOR FREE LICENSES).
NOTHING IN THIS AGREEMENT EXCLUDES LIABILITY THAT CANNOT BE EXCLUDED UNDER
APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT UNDER FRENCH LAW.


17. Export Compliance

You shall comply with applicable export control and sanctions laws,
including those of the European Union, and shall not use or export the
Software in violation of them.


18. Governing Law and Jurisdiction

This Agreement is governed by the laws of France, excluding its
conflict-of-law rules. Any dispute shall be submitted to the exclusive
jurisdiction of the courts of Paris, France, except where mandatory
consumer protection law grants You the right to bring proceedings
elsewhere.


19. Changes to this Agreement

Fluxzy may publish revised versions of this Agreement. A revision applies
to Software releases published after the revision date; the version of the
Agreement in effect when You acquired a paid license continues to govern
Your use of the Versions covered by that license.


20. Contact

Fluxzy SAS — SIREN 979 280 075 RCS Paris, France — DUNS 28-096-8290
project@fluxzy.io