END USER LICENSE AGREEMENT

FumaScan

Last Updated: September 22, 2026

PLEASE READ THIS END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE PURCHASING, DOWNLOADING, DEPLOYING, OR USING FUMASCAN. BY DEPLOYING THE FUMASCAN AMAZON MACHINE IMAGE (AMI) FROM THE AWS MARKETPLACE, ACTIVATING OR USING A LICENSE KEY, OR USING A LICENSE KEY PROVIDED TO YOU BY A COMPANY (E.G., YOUR EMPLOYER), YOU (“CUSTOMER”) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE ENTITY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DEPLOY OR USE FUMASCAN.

This Agreement is between Customer and Packet Ninjas, LLC, an Alabama limited liability company, (“Vendor”). Enterprise Edition renewals, cancellations, and modifications are managed directly with Vendor. Contact Vendor at [email protected]

IMPORTANT NOTE: Make sure you read the sections that apply to you. The General License Terms apply to every user. In addition, one edition-specific section applies to you:

Community (Free) Edition: If you use FumaScan without a License Key, the Community (Free) Edition License & Additional Terms apply, including:

  • Section 13 (Community Edition License Grant) and
  • Section 14 (Community Edition Termination)

Enterprise Edition: if you have purchased a License Key or are using one provided by a FumaScan customer (e.g., your employer), the Enterprise Edition License & Additional Terms apply, including:

  • Section 15 (Enterprise Edition License Grant, Customer Materials)
  • Section 16 (Customer-Provided AI Model Integration)
  • Section 17 (Enterprise Edition Term)
  • Section 18 (Enterprise Edition Fees, Payment)
  • Section 19 (Enterprise Edition Confidentiality)
  • Section 20 (Enterprise Edition Additional Support)
  • Section 21 (Enterprise Edition Additional Warranties, Disclaimers)
  • Section 22 (Enterprise Edition Indemnification, Limitation of Liability)
  • Section 23 (Enterprise Edition Termination)

GENERAL LICENSE TERMS

1. DEFINITIONS.

1.1. AI-Generated Content means any portion of the Content that is generated, produced, summarized, enriched, or derived using artificial intelligence, machine learning, large language models, or similar automated techniques, whether provided by Vendor or through third-party models or services, including without limitation AI-generated vulnerability descriptions, severity assessments, remediation guidance, summaries, and recommendations.

1.2. “Content” means all data, text, images, explanatory information, vulnerability intelligence, AI-Generated Content, output and other content and information that Vendor makes available as part of the Product. Content does not include Scan Data.

1.3. “Documentation” means all user and administrator manuals, operating instructions, installation guides, help files, and other printed, electronic, or online materials that Vendor makes available to Customer describing the features, functions, or operation of the Product.

1.4. “Effective Date” means the earlier of (a) Customer’s deployment of the Product AMI or (b) Customer’s activation of a License Key. This Agreement — including all Vendor disclaimers, restrictions, and other protections — binds Customer and applies to Customer’s use of the Product from the Effective Date, in either edition.

1.5. “License Key” means a unique software key for the Enterprise Edition that activates corresponding features and usage limits during the Term.

1.6. “Permitted Users” means Customer’s employees, contractors, and agents who are authorized by Customer to use the Product on Target Systems on Customer’s behalf.

1.7. “Product” means the AMI of the FumaScan vulnerability scanning and security assessment software, including all associated updates, and patches delivered through the AWS Marketplace, and any related Documentation and Content.

1.8. “Scan Data” means all scan results, vulnerability assessments, credentials, network information, and other data generated or collected about Target Systems through Customer’s use of the Product. Vendor does not collect, receive, store, or have access to Scan Data.

1.9. “Target System” means a host (identified by IP address) to be scanned using the Product.

2. CUSTOMER SELF-HOSTED DEPLOYMENT.

2.1. Deployment. The Product is distributed as an Amazon Machine Image (“AMI”) through the AWS Marketplace under a Bring Your Own License (BYOL) model. Customer is responsible for all AWS infrastructure costs (EC2 instances, storage, networking, etc.) associated with deploying and operating the Product. AWS infrastructure costs are governed by Customer’s agreement with Amazon Web Services, Inc. (“AWS”) and are separate from any fees owed to Vendor.

2.2. Self-Hosted Deployment. The Product is deployed and operated entirely within Customer’s own AWS environment. Customer is solely responsible for deploying, configuring, operating, and securing its deployment and the underlying AWS infrastructure, and for securing and backing up its Scan Data and any other data.

2.3. No Vendor Obligations. Vendor does not host, operate, maintain, or have access to Customer’s deployment, and is not responsible for any unavailability, loss, or defect caused by Customer’s environment, configuration, or third-party services.

3. LICENSE RESTRICTIONS.

3.1. Except as specifically permitted in this Agreement, Customer shall not, and will not allow any Permitted Users or any third party to, directly or indirectly: (a) copy, modify, create derivative works of, or distribute any part of the Product (including by incorporating it into another product or service); (b) sell, sublicense, lease, assign, transfer, share, or operate as a service bureau any of Customer’s rights under this Agreement; (c) disassemble, decompile, reverse engineer, or attempt to discover or derive the Product’s source code or underlying algorithms, except to the extent applicable law permits (and then only upon advance written notice to Vendor); (d) create derivative works of the Product itself; (e) use the Product for competitive analysis or to build a competing product; (f) remove, obscure, or alter any proprietary notices in the Product; (g) use the Product in violation of applicable law; (h) use the Product to scan, test, or assess any network, system, or asset for which Customer lacks sufficient authorization; (i) use the Product to conduct attacks against third-party systems or to develop offensive capabilities intended to cause harm; (j) disclose the results of any testing or benchmarking of the Product, or otherwise disseminate information about the Product’s performance; (k) use the Product in a manner that infringes any third party’s privacy, publicity, or intellectual property rights; (l) circumvent, disable, or interfere with security-related features of the Product, or perform unauthorized penetration testing on the Product; (m) use the Product for the benefit of any third party; (n) store or process in the Product, including in ticket notes, any protected health information, credit card data, personal financial data, or other sensitive regulated data; or (o) exceed the limits on the number of Target Systems.

4. DATA, OWNERSHIP.

4.1. Ownership. Customer acknowledges that, except for the limited rights granted above, Vendor reserves all rights not expressly granted. As between the parties, Vendor and its licensors retain all right, title, and interest in and to the Product, Documentation, and Content, including all intellectual property rights therein. If Customer provides Vendor any suggestions, feedback, or ideas regarding the Product, Vendor may use them without restriction and without obligation to Customer. Customer assigns to Vendor all right, title, and interest in such feedback and in any modifications, improvements, or derivative works of the Product created by or on behalf of Customer.

4.2. Third-Party and Open-Source Components. The Product may include third-party or open-source software components. Those components are licensed under their own applicable terms, not under this Agreement, and Customer’s use of them is subject to those terms. To the extent an open-source license conflicts with this Agreement as to such a component, that license controls for that component only. Vendor will make the applicable notices and license terms available in the Documentation or on request.

4.3. Self-Hosted Data. All Scan Data remains exclusively within Customer’s AWS environment. Vendor does not collect, receive, store, or have access to Scan Data or any other Customer data at any time.

4.4. Data Ownership. Customer is the sole owner of all Scan Data. Vendor claims no rights in or to any data generated by Customer’s use of the Product from the Target Systems.

5. AUTHORIZED USE.

5.1. Customer acknowledges that the Product is a security assessment tool. Customer is solely responsible for ensuring that its use of the Product complies with all applicable laws, regulations, and third-party agreements. Except as expressly permitted for the Enterprise Edition, Customer shall only use the Product to scan, test, or assess Target Systems that Customer owns. Customer is solely responsible for determining and obtaining all rights and authorizations required to scan each Target System. Vendor does not verify, and has no obligation to verify, whether Customer has such authorization, and assumes no liability for any scan conducted by or through Customer. Customer acknowledges that scanning a system without authorization may violate applicable law, including the U.S. Computer Fraud and Abuse Act, and Customer assumes all risk and liability arising from its scanning activity. Customer will promptly notify Vendor of any actual or suspected infringement, misuse, or unauthorized access to or use of the Product of which Customer becomes aware.

6. SUPPORT; UPDATES.

6.1. Support. Support is available to Customers via access to Vendor’s online knowledge base and community resources at www.packetninjas.com, and Product updates made available to all Customers and delivered through the AWS Marketplace.

6.2. Updates. Vendor may make updates and Critical Updates available through the AWS Marketplace. Customer is responsible for installing all Updates and shall install any Update that Vendor designates as critical (a “Critical Update”) as soon as practicable. Vendor has no liability or indemnification obligation for any claim, defect, or issue arising from Customer’s use of an outdated version of the Product or failure to timely install any Update or Critical Update.

7. CONFIDENTIALITY.

7.1. Confidential Information. “Confidential Information” means all non-public, confidential, or proprietary information disclosed by either party to the other, whether in written, oral, electronic, or any other form. Confidential Information does not include information that: (a) is or becomes publicly available other than through breach of this Agreement; (b) was known by the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of the disclosing party’s information; or (d) is rightfully received from a third party without any obligation of confidentiality. Vendor’s Product, technology, and any performance or benchmarking information relating to the Product are Vendor’s Confidential Information without any marking or designation.

7.2. Obligations. Customer shall: (a) maintain the confidentiality of Vendor’s Confidential Information using at least the same degree of care as it uses for its own confidential information, but no less than a reasonable degree of care; (b) limit use of Confidential Information solely for purposes of this Agreement; (c) limit access to Confidential Information to personnel who have a need to know and are bound by confidentiality obligations; and (d) may disclose Confidential Information to the extent required by law, regulation, or court order, provided that, where legally permitted, it gives Vendor prompt notice and reasonable cooperation to seek protective treatment and discloses only the portion required.

8. WARRANTIES, DISCLAIMERS.

8.1. Customer Warranties. Customer represents, warrants, and agrees that: (a) it has full power and authority to enter into this Agreement; (b) it will comply with all applicable laws, regulations, and third-party agreements in its use of the Product; (c) it owns each Target System it scans, tests, or assesses using the Product, except that Enterprise Edition Customers may also scan Target Systems Customer is authorized in writing to scan; (d) it will not store or process any protected health information, credit card data, personal financial data, or other sensitive regulated data in the Product, including in ticket notes; (e) its use of the Product — including each scan it performs and any information it inputs — will not violate any applicable law or any third party’s intellectual property, privacy, publicity, or contractual rights, or any policy or agreement applicable to Customer; (f) Customer is responsible for all use of, and all actions taken through, the Product by Customer and its Permitted Users; and (g) for promptly notifying Vendor of any unauthorized use, or any actual or suspected infringement or misuse of the Product, of which Customer becomes aware.

8.2. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE PRODUCT, CONTENT, AND DOCUMENTATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND VENDOR DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SECURITY, NON-INFRINGEMENT, TITLE, AND QUIET ENJOYMENT. VENDOR DISCLAIMS ALL LIABILITY FOR ANY THIRD-PARTY PRODUCTS, SERVICES, OR INTEGRATIONS USED WITH THE PRODUCT, AND FOR ANY RESULTS OR OUTPUTS OF AI-GENERATED CONTENT.

8.3. AI-Generated Content. The Product may include Content generated, in whole or in part, by artificial intelligence (for example, AI Explain output and AI-assisted findings). Vendor makes no representation or warranty as to the accuracy, completeness, or reliability of any AI-Generated Content and disclaims all responsibility and liability for it. Customer is solely responsible for independently reviewing and verifying any AI-Generated Content before relying on it.

9. INDEMNIFICATION; LIMITATION OF LIABILITY.

9.1. Customer Indemnification. Customer shall defend, indemnify, and hold harmless Vendor and Vendor’s personnel from all losses, damages, judgments, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) Customer’s misuse of, or unauthorized modifications to, the Product; (b) Customer’s combination of the Product with third-party products not provided by Vendor, where the claim would not arise but for such combination; (c) Customer’s use of the Product in violation of this Agreement or applicable law; or (d) any claim by the owner or operator of a Target System, or by any governmental or regulatory authority, arising from Customer’s scanning of, or failure to obtain sufficient authorization to scan, any Target System.

9.2. Exclusion of Consequential Damages. UNDER NO CIRCUMSTANCES SHALL VENDOR BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR LOSS OF BUSINESS OR LOST PROFITS, OR ANY LOSS, CORRUPTION, OR BREACH OF DATA OR SYSTEM SECURITY ARISING OUT OF OR RELATING TO THE PRODUCT OR THIS AGREEMENT, REGARDLESS OF WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY.

10. MISCELLANEOUS.

10.1. Entire Agreement. This Agreement constitutes the full and complete agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements, both written and oral, between the parties with respect to the Product. For clarity, this Agreement governs Customer’s use of the Product software; however, Customer’s use of the AWS Marketplace and underlying AWS infrastructure is governed separately by Customer’s agreements with AWS. If Customer and Vendor have entered into a separate written agreement signed by both parties that governs the Product (such as an order form or master agreement), that agreement controls over this Agreement to the extent of any conflict.

10.2. Amendments. Vendor may amend this Agreement from time to time by posting the revised terms at packetninjas.com or otherwise notifying Customer, with such amendment effective thirty (30) days after posting or notice. Continued use of the Product after such notice period constitutes acceptance of the amended terms.

10.3. Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, such provision shall be reformed to the maximum extent permitted by law to reflect the original intent of the parties, and the remaining provisions shall continue in full force and effect.

10.4. Waiver. No waiver of any breach shall be deemed a waiver of any subsequent breach or a consent to any continuation of such breach, unless contained in a writing signed by the party against whom enforcement is sought.

10.5. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, United States of America, without giving effect to any choice or conflict of law provisions. Any legal action arising out of this Agreement shall be instituted in the federal or state courts located in the State of Alabama, and each party irrevocably submits to the exclusive jurisdiction of such courts.

10.6. Class-Action Waiver. CUSTOMER AGREES TO BRING CLAIMS AGAINST VENDOR ONLY IN CUSTOMER’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR MEMBER OF ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PARTY OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. If this Section 10.6 is found unenforceable as to any claim, that claim alone shall proceed in the courts identified in Section 10.5 and the remainder of Section 11 shall remain in effect.

10.7. Assignment. Customer may not assign this Agreement, in whole or in part, without Vendor’s prior written consent. Vendor may freely assign this Agreement, in whole or in part, without Customer’s consent.

10.8. Relationship of the Parties. Nothing in this Agreement shall be construed to create an agency, partnership, franchise, or joint venture between the parties.

10.9. Force Majeure. Neither party shall be liable for any failure or delay in performing its obligations under this Agreement to the extent such failure or delay is caused by events beyond its reasonable control, including natural disasters, acts of government, wars, epidemics, power failures, or failures of third-party telecommunications or hosting providers (including AWS), provided that the affected party promptly notifies the other party and uses commercially reasonable efforts to mitigate the impact.

10.10. U.S.-Based Product. The Product is made available by Vendor from the United States and is not warranted to be appropriate or available for use in any other jurisdiction. Customer accesses and uses the Product on its own initiative and is responsible for complying with all applicable local laws, rules and regulations. Vendor may limit the availability of the Product, in whole or in part, to any person, geographic area, or jurisdiction, at any time in its sole discretion.

10.11. Export Compliance. The Product is likely subject to the U.S. Export Administration Regulations (the “EAR,” 15 C.F.R. Parts 730–774) administered by the U.S. Department of Commerce, Bureau of Industry and Security, and to the economic sanctions programs administered by the U.S. Department of the Treasury, Office of Foreign Assets Control (“OFAC”). Customer acknowledges that the Product provides vulnerability scanning, security assessment, and related capabilities that may be controlled under the EAR, including as cybersecurity or “intrusion software”–related items. Customer shall comply with all applicable export control and economic sanctions laws in connection with its access to, use of, and any export or re-export of the Product and any related technical data. Customer shall not, directly or indirectly, export, re-export, transfer, or make the Product or any related technical data available: (a) to any country or region subject to comprehensive U.S. sanctions or embargo (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine); (b) to any person or entity on any U.S. government restricted-party list, including the Treasury Department’s List of Specially Designated Nationals and Blocked Persons and the Commerce Department’s Denied Persons, Entity, or Unverified Lists; or (c) for any end use prohibited by the EAR, including certain cybersecurity, military-intelligence, or weapons-related end uses. Customer represents and warrants that it is not located in, organized under the laws of, or ordinarily resident in any such embargoed country or region and is not a restricted party. Customer is solely responsible for obtaining any export or re-export authorizations required for its use of the Product.

10.12. U.S. Government Rights. If Customer is a U.S. Government entity, the Product is provided as “commercial computer software” and “commercial computer software documentation” as defined in FAR 12.212 and DFARS 227.7202, and use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in this Agreement.

10.13. Equitable Relief. Customer acknowledges that a breach of the following sections: License Restrictions (Section 3), Data, Ownership (Section 4), Authorized Use (Section 5) or Confidentiality (Section 7), would cause Vendor irreparable harm for which monetary damages are inadequate. Vendor is therefore entitled to seek injunctive relief, specific performance, and other equitable remedies from any court of competent jurisdiction, without posting bond and without proving actual damages, in addition to all other remedies.

10.14. Publicity. Vendor may identify Customer as a customer and use Customer’s name and logo in Vendor’s customer lists and promotional materials, including on Vendor’s website. Customer may withdraw this permission at any time by written notice to Vendor.

10.15. Survival. Termination or expiration of this Agreement, in either edition, does not affect any right or obligation that by its nature is intended to survive. The following Sections of the General License Terms survive termination or expiration and continue to bind the parties: Definitions (Section 1); Customer Self-Hosted Deployment (Section 2); License Restrictions (Section 3); Data, Ownership (Section 4); Authorized Use (Section 5); Confidentiality (Section 7); Warranties and Disclaimers (Section 8); Indemnification; Limitation of Liability (Section 9); and Miscellaneous (Section 10). In addition, (a) any Customer payment obligation accrued before termination survives, and (b) the edition-specific Sections identified as surviving in the applicable edition’s termination Section survive for that edition. Survival of the foregoing is in addition to, and not in limitation of, any other provision that by its nature is intended to survive.

11. DISPUTE RESOLUTION, BINDING ARBITRATION.

11.1. Informal Resolution. Before initiating arbitration, a party must send the other a written notice of dispute stating the claimant’s name and contact information, the facts giving rise to the dispute, and the relief sought. The parties shall attempt in good faith to resolve the dispute within thirty (30) days of that notice. This is a condition precedent to arbitration.

11.2. Agreement to Arbitrate. Except as provided in Exceptions (Section 11.5), any dispute, claim, or controversy arising out of or relating to this Agreement or the Product — including its formation, interpretation, breach, termination, validity, or enforceability — shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect. The Federal Arbitration Act governs this Section. The arbitration shall be conducted before a single arbitrator seated in Birmingham, Alabama; the arbitrator shall apply the governing law in Governing Law (Section 10.5) and shall give effect to, and may not disregard or reform, the limitations of liability in Sections 9, 13.2 and 22.5. Judgment on the award may be entered in any court of competent jurisdiction. The existence, content, and result of the arbitration shall be kept confidential except as necessary to enforce the award or as required by law. The arbitrator, and not any court, shall resolve any dispute over the interpretation, scope, or enforceability of this Section, except as to Class Action Waiver (Section 10.6).

11.3. Jury-Trial Waiver. To the extent any dispute proceeds in court despite this Section, EACH PARTY IRREVOCABLY WAIVES ITS RIGHT TO A JURY TRIAL.

11.4. Time to File. Any claim must be brought within one (1) year after it accrues, or it is permanently barred, to the extent permitted by law.

11.5. Exceptions. Either party may (i) bring an individual claim in small-claims court if it qualifies, and (ii) seek injunctive or other equitable relief in the courts identified in Section 10.5 to address infringement or misappropriation of its intellectual property. Vendor may bring claims without arbitration against Customer for breaches of License Restrictions (Section 3), Data, Ownership (Section 4), Authorized Use (Section 5) or Confidentiality (Section 7).

12. CONTACT INFORMATION.

Packet Ninjas, LLC
Email: [email protected]
Phone: (866) 267-8851
Web: www.packetninjas.com

FumaScan is a trademark of Packet Ninjas, LLC.

COMMUNITY EDITION LICENSE & ADDITIONAL TERMS

13. COMMUNITY EDITION LICENSE GRANT.

13.1. Until Vendor notifies Customers it will no longer support the Product, and subject to Customer’s compliance with this Agreement, Vendor grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license, for Customer’s own internal, lawful, and non-commercial purposes, to (a) deploy and use an AMI instance of the Product to scan Target Systems that Customer owns; and (b) access and use the Documentation as necessary to support that use. The Community Edition requires no License Key and is limited to thirty-two (32) registered IP addresses, each on a 30-day rolling registration. The Community Edition may have limited features and functions and does not include Enterprise Edition capabilities. Customer is responsible for maintaining its own copies of any Scan Data from the Product.

13.2. Cap on Liability. EXCEPT FOR ENTERPRISE EDITION CUSTOMERS, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF VENDOR FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF THIS AGREEMENT EXCEED $100.

14. COMMUNITY EDITION TERM AND TERMINATION.

14.1. Term. This Agreement is effective upon Customer’s deployment of the Product. This Agreement applies to the Community Edition for as long as Vendor makes it available and Customer uses the Product. There is no fixed term and no License Key.

14.2. Termination. Customer may terminate at any time by ceasing all use of the Product and deleting its deployment. Vendor may discontinue the Community Edition, or terminate this Agreement, at any time, including if Customer breaches it.

14.3. Effect of Termination. Upon termination or discontinuation, all license rights for the Community Edition immediately cease and Customer shall cease all use of the Product. Customer is solely responsible for managing and retaining its own Scan Data, which remains within Customer’s AWS environment.

14.4. Survival. In addition to the Sections that survive under the General Survival provision (Section 10.15), the Community Edition Cap on Liability (Section 13.2) survives termination.

ENTERPRISE EDITION LICENSE & ADDITIONAL TERMS

15. ENTERPRISE EDITION LICENSE, CUSTOMER MATERIALS.

15.1. During the Term, subject to Customer’s compliance with this Agreement and purchase of a valid License Key, Vendor grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license, for its own internal business purposes to (a) deploy and use the number of AMI instances of the Product authorized by the License Key to scan, notwithstanding the Authorized Use section, Target Systems that Customer owns or is expressly authorized in writing to scan; (b) access and use the Documentation as necessary to support Customer’s permitted use of the Product; (c) access and use the Content made available in the Product for internal business purposes; and (d) incorporate portions of the Content related to Customer’s Scan Data, into internal reports, memoranda, and similar work product (collectively, “Customer Materials”), provided that Customer Materials are used solely for Customer’s internal business purposes and do not reproduce or distribute the Content on a standalone basis.

15.2. Target Systems. Each Enterprise Edition License Key allows up to 100,000 concurrent Target Systems and includes the capabilities and limits specified at https://packetninjas.com/fumascan or provided in Documentation. Capabilities and limits may be updated from time to time. License Keys are non-transferable and each may only be used with a single deployment of the Product. Customer shall not share, distribute, or reuse License Keys across multiple deployments.

15.3. Customer Materials Use. Enterprise Edition Customers may use and share Customer Materials with its clients or other third-parties, provided it retains any required disclaimers or attribution required by Vendor and complies with this Agreement. Upon termination, Customer may continue using and distributing Customer Materials created prior to termination, except if termination was due to Customer’s breach of the Agreement.

15.4. License Key Validation. Vendor’s license server periodically checks the License Key and Product version being used to determine whether License Keys are valid and to be able to alert Customer when updates or newer versions is available. Vendor accesses this information solely for those limited purposes. Vendor does not access any other information about Customer’s deployment or use of the Product, Scan Data, or any other Customer data other than technical information inherent in the network connection (such as IP address and timestamp) used to perform the functions above.

15.5. Permitted Users. Customer is responsible for providing the License Key and a user account for Permitted Users, and for assigning account types to Permitted Users according to the levels of privilege Customer authorizes for that Permitted User. Customer accepts all liability arising from its Permitted Users’ use of the Product.

15.6. Suspension for Prohibited Use. Vendor may suspend or deactivate the License Key immediately if Vendor reasonably believes Customer is using the Product to scan systems without authorization or otherwise in violation of the terms of this Agreement, without liability for such suspension.

16. CUSTOMER-PROVIDED AI MODEL INTEGRATION.

16.1. Customer-Provided AI Models (Bring-Your-Own-AI). The Enterprise Edition allows Customer to enable and integrate a third-party AI model or service that Customer selects and supplies (a “Customer AI Model”) for additional functionality. Use of a Customer AI Model is optional. By configuring or enabling a Customer AI Model, Customer expressly authorizes and instructs the Product to transmit data — which may include Scan Data, Target Systems and network information, and related prompts — to the Customer AI Model and its provider as reasonably necessary to perform the selected functionality.

16.2. Customer’s AI provider agreement governs. The Customer AI Model is supplied by a third party, not by Vendor. Customer’s access to and use of the Customer AI Model, and all data Customer directs the Product to transmit to it, are governed solely by Customer’s own agreement with that provider. Vendor is not a party to that agreement and is not responsible for the Customer AI Model or its provider, including availability, performance, output, security, data handling, or any fees Customer incurs.

16.3. No Vendor warranty or liability. Vendor makes no representation or warranty regarding any Customer AI Model or its output (which is AI-Generated Content), and disclaims all responsibility and liability arising from Customer’s enablement or use of a Customer AI Model — including data transmitted to it and any action the Product takes at the direction of a Customer AI Model, such as the use of any restricted or exploitation tools Customer enables. Customer is solely responsible for its selection and use of any Customer AI Model.

16.4. Compliance. Customer is solely responsible for ensuring its enablement and use of any Customer AI Model complies with all applicable laws, regulations, and third-party agreements, including the Customer AI Model provider’s terms.

17. ENTERPRISE EDITION TERM.

17.1. The Enterprise Edition “Term” means the Initial Term together with any Renewal Terms.

17.2. Initial Term. After Vendor receives payment of the invoiced license fees, Vendor will make a License Key available to Customer. Unless otherwise specified in writing on the invoice, the Initial Term begins on the date Vendor makes the License Key available and continues for one (1) year (the “Initial Term”).

17.3. Renewal. Enterprise Edition licenses automatically renew for successive one (1)-year terms (each a “Renewal Term”) at Vendor’s then-current pricing unless Customer provides written notice of cancellation at least thirty-five (35) days prior to the expiration of the current Term.

18. ENTERPRISE EDITION FEES, PAYMENT.

18.1. Fees, Payment. Vendor will invoice Customer directly prior to each Renewal Term, and payment is due within thirty (30) days of receipt without any setoff, deduction, or withholding. If Customer fails to pay any amount when due, Vendor may, in addition to its other remedies and upon written notice, suspend or deactivate the License Key and disable the Enterprise Edition features, and the Product’s functionality may cease or revert to the Community Edition until all past-due amounts are paid in full. Customer shall reimburse Vendor for all reasonable costs of collecting past-due amounts, including attorneys’ fees, court costs, and collection-agency fees. Customer acknowledges that the Product uses License Key validation to enable Enterprise Edition features and that those features may become disabled or revert to the Community Edition upon such deactivation or upon expiration or non-renewal of the Term. Vendor may also assess interest on past-due amounts at 1.5% per month or the maximum rate permitted by law, whichever is less.

18.2. Taxes. Customer is responsible for paying all applicable taxes in connection with the purchase and use of the Product, excluding taxes based on Vendor’s net income. If Vendor is required to collect taxes, such taxes will be added to Customer’s invoice.

18.3. No Refunds. Except as otherwise required by applicable law, all fees are non-refundable and non-creditable. Licenses run for a full Term regardless of actual usage.

19. ENTERPRISE EDITION CONFIDENTIALITY.

19.1. Obligations. For Enterprise Edition Customers, Vendor will: (a) maintain the confidentiality of Customer’s Confidential Information using at least the same degree of care as it uses for its own confidential information, but no less than a reasonable degree of care; (b) limit use of Confidential Information solely for purposes of this Agreement; (c) limit access to Confidential Information to personnel who have a need to know and are bound by confidentiality obligations; and (d) may disclose Confidential Information to the extent required by law, regulation, or court order, provided that, where legally permitted, it gives Customer prompt notice and reasonable cooperation to seek protective treatment and discloses only the portion required.

20. ENTERPRISE EDITION ADDITIONAL SUPPORT.

20.1. Vendor shall use commercially-reasonable efforts to provide support for the Product during the Term via email at [email protected], and phone at (866) 267-8851.

20.2. Support Scope. Vendor’s support obligations are limited to addressing defects in the Product itself.

21. ENTERPRISE EDITION ADDITIONAL WARRANTIES, DISCLAIMERS.

21.1. Customer Warranties. In addition to the warranties set forth in Section 8.1 above, Customer represents, warrants, and agrees that: (a) Customer is responsible for compliance with this Agreement by its Permitted Users and by any other individual who accesses or uses the Product through Customer’s account or License Key; (b) for each Permitted User, Customer has obtained any authorizations required under any regulations, contracts, or internal policies applicable to Customer; (c) Customer is responsible for all actions taken through the Product under Customer’s License Key (including Permitted Users’ accounts), and (d) for requiring that Permitted Users keep their credentials strictly confidential and not share them.

22. ENTERPRISE EDITION INDEMNIFICATION, LIMITATION OF LIABILITY.

22.1. Vendor Indemnification. Vendor shall defend, indemnify, and hold harmless Customer from all damages arising from a valid third-party claim that the Product, Content, or Documentation infringe, misappropriate, or violate any U.S. patent, copyright, trademark, or trade secret; provided that: (a) Vendor receives prompt notice of such claim; and (b) Customer allows Vendor to control the defense and settlement of such claim. Vendor’s total liability under this Section 22 shall not exceed the total fees paid by Customer for the Product in the twelve (12) months preceding the claim.

22.2. Vendor Indemnification Exceptions. Vendor shall have no obligation under Section 22.1 for claims arising from: (a) modifications to the Product made by Customer; (b) combination of the Product with products or software not provided or specified by Vendor, where the infringement would not arise but for such combination; or (c) Customer’s use of the Product in breach of this Agreement.

22.3. Mitigation. If the Product becomes subject to a third-party infringement claim, Vendor may, at its discretion: (a) procure for Customer the right to continue using the Product with substantially similar features; (b) replace or modify the Product so it is no longer infringing; or (c) terminate the affected Product and provide a pro rata refund of prepaid unused fees.

22.4. Sole Remedy. Section 22 states Customer’s sole and exclusive remedy, and Vendor’s entire liability, for any claim that the Product, Content, or Documentation infringes, misappropriates, or violates any third-party intellectual property right.

22.5. Enterprise Edition Cap on Liability. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF VENDOR FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF THIS AGREEMENT EXCEED THE LESSER OF (A) THE TOTAL FEES PAID BY CUSTOMER FOR THE PRODUCT DURING THE TWELVE (12) MONTHS PRECEDING THE ACT OR EVENT GIVING RISE TO THE CLAIM, OR (B) $10,000.

23. ENTERPRISE EDITION TERMINATION.

23.1. Termination for Breach. Vendor may terminate this Agreement upon thirty (30) days’ written notice if Customer materially breaches the Agreement and fails to cure such breach to Vendor’s satisfaction within the notice period. Customer shall cease all use of the Product and destroy or return any Vendor Confidential Information. Customer’s license does not automatically convert to a Community Edition License. Upon termination by Vendor for Customer’s breach, all fees payable for the remainder of the then-current Term become immediately due and payable. No termination relieves Customer of the obligation to pay amounts accrued before the effective date of termination.

23.2. Termination for Insolvency. Vendor may terminate this Agreement immediately if Customer ceases business operations, makes a general assignment for the benefit of creditors, becomes insolvent, or becomes the subject of bankruptcy or receivership proceedings not lifted within 120 days.

23.3. Effect of Termination. Upon termination (except for termination for Customer’s breach), all license rights granted under an Enterprise Edition License shall immediately cease and Customer’s license automatically converts to a Community Edition License. Customer is solely responsible for managing and retaining its own Scan Data, which remains within Customer’s AWS environment. Upon Vendor’s request, Customer shall certify in a signed writing that it has ceased all use of the Enterprise Edition and its License Key and has returned or destroyed all Vendor Confidential Information in its possession.

23.4. Enterprise Edition Additional Survival Clauses. In addition to the Sections that survive under the General Survival provision (Section 10.15), the following Enterprise Edition Sections survive termination: Customer-Provided AI Model Integration No Vendor Warranty or Liability (Section 16.3); Enterprise Edition Confidentiality (Section 19); Enterprise Edition Indemnification (Section 22), including the Enterprise Edition Cap on Liability (Section 22.5); and Customer’s right to continue using Customer Materials created before termination (Section 15), as provided in that Section.

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