Whitesmoke SMP — End-User Licence Agreement Version 1.0 — DRAFT for review, not yet in force This agreement is between Dieryl Mayor (Whitesmoke) ("we", "us") and you, the person or organisation that installs or uses Whitesmoke SMP ("you"). By installing or using Whitesmoke SMP, or by accepting this agreement when the installer asks, you agree to it. If you don't agree, don't install or use it. 1. What this agreement covers "The software" means Whitesmoke SMP: the control panel, the server agent, the installer and update tools, any updates we provide, and their documentation. Parts of the software are open-source components made by others; section 5 explains how they are covered. 2. What you may do We give you a personal, non-exclusive, non-transferable licence to: - install the software on servers that you own or control; - use it to manage those servers and the websites on them, including websites you host for your own customers; - make backup copies of the software for your own use. This licence lasts until it ends under section 11. 3. Free early access During early access, the software is provided free of charge. Features may change, be added or be removed. We may later offer paid plans; if we do, their terms will be offered separately, and nothing in this version obliges you to pay for anything. We may end free access with reasonable notice. Ending it never stops your existing websites: they keep running, and the panel only stops making new changes (section 6). 4. What you may not do You may not: - sell, rent, lend, sublicense or redistribute the software itself, or offer it to others as a download or as part of another product; - remove, disable or work around the licence check, the update signatures, or any notice of ownership or licence in the software; - reverse engineer, decompile or disassemble the software, except where the law allows this despite this agreement; - use the software to break the law or to harm others. Hosting websites for your customers on servers managed with the software is allowed (section 2); giving them the software itself is not. 5. Open-source components The software includes open-source components. Each is covered by its own licence, listed in the file THIRD-PARTY-LICENSES that comes with every release. For those components, their own licence applies, and nothing in this agreement limits the rights it gives you. 6. Licence checks and the data they send The software contacts our licence server when it is installed and then about once a day, to register the installation and check that its licence is valid. Each time, it sends: - the product name and the software's version; - a fingerprint of the server: a one-way hash made from the server's machine id, from which the machine id itself can't be read back; - the server's hostname. Our licence server also sees the IP address the request comes from. We use this information only to run licences (registration, validity, trials) and to stop abuse. The software never sends the content of your websites, databases, files, e-mails, or the data of your customers to us. If the licence can't be checked or is no longer valid, the panel stops making new changes. Your websites keep running, and you can still back up and restore them and turn off access (SFTP, scheduled tasks). 7. Your responsibilities You are responsible for: - your servers, their security, and who can sign in to them and to the panel; - the websites, data and content on your servers, and for following the laws that apply to them; - keeping copies of your data elsewhere. Backups made by the software are kept on the same server, so they are lost if the server is lost; use your provider's server backups or another copy as well. 8. Updates We may provide updates. Every release and update we publish is signed, and the installer refuses files whose signature does not check out. You decide when to install an update. An update may come with a new version of this agreement (section 12). We may stop providing updates for older versions. 9. No warranty The software is provided "as is" and "as available", without any warranty, express or implied, including that it is fit for a particular purpose, works without interruption or error, or keeps your data safe, to the fullest extent the law allows. 10. Limits on liability To the fullest extent the law allows: - we are not liable for any indirect or consequential loss, or for any loss of data, profit, revenue, business or goodwill, arising from the software or this agreement; - our total liability for everything arising from the software or this agreement is limited to the amount you paid us for the software in the 12 months before the claim, or [AMOUNT TO CONFIRM] if you paid nothing. Nothing in this agreement limits liability that the law does not allow to be limited, or takes away rights you have by law that cannot be taken away. 11. Ending this agreement You may end this agreement at any time by uninstalling the software. We may end it if you break it in a serious way; we will tell you how, where we can. When it ends, you must stop using the software and remove it. Ending this agreement, or a licence that is no longer valid, never stops your websites by itself. 12. Changes to this agreement We may publish new versions of this agreement. A new version applies to you when you accept it, which the installer asks for when you install or update to a release that comes with it. Until then, the version you last accepted applies. 13. Governing law and courts This agreement is governed by the laws of [GOVERNING LAW TO CONFIRM]. Any dispute about it goes to [COURTS TO CONFIRM], unless the law where you live gives you the right to go to your own courts. 14. Contact Questions about this agreement or the software: https://get.whitesmoke.cloud/support. 15. The whole agreement This agreement is the whole agreement between you and us about the software, and replaces anything said or written before about it. If a part of it can't be enforced, the rest still applies. If we don't enforce a part of it at once, we can still do so later. Dieryl Mayor (Whitesmoke)