1. Parties and Acceptance
This End-User License Agreement ("Agreement") is between you and Fireball Industries LLC, an Ohio limited liability company ("Fireball"), 1410 Highland Rd #1, Macedonia, OH 44056, United States. It governs EmberNet Endpoint for Windows and Linux, including its updates, drivers, service components and documentation (the "Software"). By installing, accepting this Agreement in the installer or the app, or using the Software, you agree to it. If you do not agree, do not install or use the Software. If you accept on behalf of an organization, you confirm you have authority to bind it.
2. License Grant
Subject to this Agreement, Fireball grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Software on computers that you own or administer, solely to connect those computers to EmberNet networks that a tenant administrator has authorized you to join. The Software is licensed, not sold. Fireball and its licensors keep all rights not expressly granted.
3. Restrictions
You may not, and may not allow anyone to: copy (except as needed to install and use), modify, translate or create derivative works of; reverse engineer, decompile or disassemble (except to the extent applicable law expressly permits despite this limit); sell, sublicense, rent, lease, lend or distribute; remove proprietary notices from; or use to build a competing product, the Software.
4. Open-Source Components
The Software includes OpenVPN and WireGuard components, each licensed under its own open-source license (GPLv2); see THIRD_PARTY_NOTICES.txt. Nothing in these terms restricts your rights under those licenses for those components. Source for those components is available on request to legal@fireballz.ai. No other open-source component is included.
5. Network Behavior
The Software installs network drivers, registers an operating-system service that starts with your computer, and routes network traffic through the encrypted tunnels of EmberNet networks you are authorized to join. Traffic you send into a tunnel is delivered to that network and is governed by the policies of its tenant administrator. You are responsible for deciding which computers join which networks.
6. Usage Data
Fireball collects anonymized, aggregated usage and operational telemetry (for example software version, operating system version, connection state changes, error and crash diagnostics) to operate, secure and improve its products. It does not include tunnel payload contents. Details: embernet.ai/privacy.
7. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ALL RELATED SERVICES, UPDATES, DOCUMENTATION AND SUPPORT ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS", WITHOUT WARRANTY OF ANY KIND. FIREBALL EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, SECURITY AND SYSTEM INTEGRATION. FIREBALL DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR ERROR, BE SECURE OR FREE OF HARMFUL CODE, KEEP ANY NETWORK CONNECTION OR TUNNEL ESTABLISHED, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM FIREBALL CREATES ANY WARRANTY NOT EXPRESSLY STATED IN A SIGNED WRITTEN AGREEMENT.
8. Not a Safety System
THE SOFTWARE IS NOT DESIGNED, TESTED OR CERTIFIED FOR USE AS, OR AS PART OF, A SAFETY SYSTEM, AND MUST NOT BE USED FOR SAFETY-CRITICAL, LIFE-SAFETY, MACHINE-GUARDING, EMERGENCY-STOP, OR REAL-TIME CONTROL FUNCTIONS WHERE ITS FAILURE, DELAY OR LOSS OF CONNECTIVITY COULD LEAD TO DEATH, PERSONAL INJURY, OR PROPERTY OR ENVIRONMENTAL DAMAGE. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENT SAFETY SYSTEMS, SAFEGUARDS AND COMPLIANCE WITH APPLICABLE SAFETY STANDARDS FOR ANY EQUIPMENT, PROCESS OR NETWORK THE SOFTWARE MONITORS, CONNECTS OR MANAGES.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL FIREBALL, ITS AFFILIATES, OR THEIR MEMBERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, PRODUCTION, BUSINESS, GOODWILL, DATA OR USE, DOWNTIME, EQUIPMENT DAMAGE, OR COST OF SUBSTITUTE GOODS OR SERVICES; AND (B) FIREBALL'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SOFTWARE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU ACTUALLY PAID TO FIREBALL FOR THE SOFTWARE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (US$100) IF YOU PAID NOTHING. THESE LIMITS APPLY TO EVERY THEORY OF LIABILITY, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND WARRANTY, EVEN IF FIREBALL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE DISCLAIMERS AND LIMITS ARE AN ESSENTIAL BASIS OF THE BARGAIN; FIREBALL WOULD NOT PROVIDE THE SOFTWARE WITHOUT THEM. ANY CLAIM MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OR IT IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITS, SO SOME OF THEM MAY NOT APPLY TO YOU; IN THAT CASE THEY APPLY TO THE GREATEST EXTENT THE LAW ALLOWS.
10. Indemnification
You will defend, indemnify and hold harmless Fireball and its affiliates, members, officers, employees and agents from any claim, loss, liability, damage, cost or expense (including reasonable attorneys' fees) arising out of your use of the Software, your networks, equipment or data, your breach of these terms, or your violation of law or third-party rights.
11. Export
The Software contains encryption and is subject to U.S. export control and sanctions laws (including the Export Administration Regulations). You will not export, re-export or transfer it, or use it, in violation of those laws, or to any embargoed country or restricted party.
12. Termination
You may stop using the Software at any time by uninstalling it. Fireball may revoke your access, credentials or this license at any time, including for breach of this Agreement. On termination you must stop using and uninstall the Software. Sections 3, 4 and 7 through 17 survive termination.
13. Precedence
If you have a signed written agreement or order form with Fireball covering the Software, that agreement controls where it conflicts with these terms; these terms otherwise apply.
14. Governing Law and Venue
These terms are governed by the laws of the State of Ohio, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Exclusive venue: the state and federal courts located in Summit County, Ohio, and each party consents to their jurisdiction.
15. Changes
Fireball may update this Agreement. When it does, the app asks you to accept the new version before you continue using the Software.
16. General
If a provision of this Agreement is unenforceable, the rest remains in effect. You may not assign this Agreement without Fireball's written consent. Failure to enforce a provision is not a waiver of it.
17. Notices and Contact
- Legal notices: legal@fireballz.ai
- Support: helpdesk@fireballz.ai (embernet.ai/support)
- Privacy policy: embernet.ai/privacy
- Address: Fireball Industries LLC, 1410 Highland Rd #1, Macedonia, OH 44056, United States