End User License Agreement

This End User License Agreement ("Agreement") is between Bartlett Electronics ("Licensor", "we") and the organization that installs or uses Cachard ("Customer", "you"). By installing, copying or using the Software you agree to this Agreement on behalf of your organization, and you confirm that you have the authority to do so. If you do not agree, do not install or use the Software.

1. Definitions

• "Software" means Cachard, including its server application, web interface, installers, scripts, documentation and any updates we provide, in source or object form.
• "Caching Mac" means a Mac computer running Apple's content caching service that is added to and managed or monitored by the Software.
• "License Key" means the key we issue that states your licensed number of Caching Macs and term.
• "Trial Period" means 30 days from first installation.

2. License grant

Subject to this Agreement and payment of applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable license during the term stated in your License Key (or the Trial Period) to install and use the Software on servers you control, solely for your organization's internal purposes, to manage up to the number of Caching Macs stated in your License Key. You may make a reasonable number of copies for backup, disaster recovery and testing.

2A. White-label branding

If your License Key includes white-label branding (Enterprise and Partner editions, or the "whitelabel" feature), you may display the Software under your own product name, logos and colours and hide the "Powered by Cachard" credit in the user interface and emails. You may not remove the copyright and third-party notices under Settings → About → Legal notices or in the installation folder, and you may not represent that you own or wrote the Software. A Partner license additionally permits the named partner to install and support the Software for the customer named in the License Key, under that customer's license; it does not permit redistribution to anyone else.

3. Trial

During the Trial Period you may use all features for evaluation, for up to 50 Caching Macs, without charge. After the Trial Period the Software continues to monitor but stops making changes to Caching Macs until a valid License Key is entered.

4. Restrictions

You will not, and will not permit anyone to: (a) sell, rent, lease, sublicense, distribute or provide the Software to third parties, or use it to provide services to third parties (including as a managed service) without a separate written agreement with us; (b) remove, alter or circumvent the license key mechanism, usage limits or notices of ownership; (c) modify, adapt or create derivative works of the Software, except configuration files intended to be edited; (d) reverse engineer or decompile the Software except to the extent applicable law expressly permits despite this restriction; (e) use the Software in violation of law or of Apple's terms for the devices and services it manages.

Source code is supplied so the Software runs on your own servers without a build step; it remains confidential and our property.

5. Ownership

The Software is licensed, not sold. We and our licensors own all rights, title and interest in the Software, including all intellectual property rights. Third-party components are licensed under their own terms, listed in THIRD-PARTY-NOTICES.md; nothing in this Agreement limits your rights under those licenses.

6. Your data

The Software runs on your infrastructure. We do not receive, host or have access to your data unless you send it to us (for example in a support request). You are responsible for the security of the servers and Macs on which you run the Software, for backups, and for any API keys and credentials you configure. If you enable optional integrations (such as AI insights through Anthropic, map data from OpenStreetMap, or email and Microsoft Teams), data is sent to those providers under your accounts with them and their terms.

7. Fees, term and termination

Fees and the license term are as stated in your quote or order. This Agreement continues for the term of your License Key and renews with it. Either party may terminate this Agreement if the other materially breaches it and does not cure the breach within 30 days of written notice. On termination or expiry you must stop using the Software beyond its monitoring-only mode and, on request, uninstall it. Sections 2A (as to notices), 4, 5, 8, 9, 10 and 12 survive termination.

8. Support and updates

During a paid term (until the "support until" date in your License Key) we provide email support and the updates we make generally available, as described in your order. Updates published after that date require renewal. The Software can check for and install updates automatically if you choose; when it checks, it sends the installed version, the release channel and your license ID, and when it downloads an update it sends your License Key so we can confirm entitlement. We may change or discontinue features in later versions.

9. Warranty and disclaimer

For 30 days from purchase we warrant that the Software will perform substantially as described in its documentation. Your exclusive remedy for breach of this warranty is, at our option, correction of the Software or a refund of the fees paid for the affected license. EXCEPT AS EXPRESSLY STATED, THE SOFTWARE IS PROVIDED "AS IS" AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The Software changes configuration on, installs updates to, and restarts computers you designate; you are responsible for testing changes and for the operations you choose to run.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOSS OF DATA, PROFITS OR REVENUE, AND OUR TOTAL LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE FEES YOU PAID FOR THE SOFTWARE IN THE 12 MONTHS BEFORE THE CLAIM.

11. Public sector customers

If you are a public school district, college or other government entity, any provision of this Agreement that is unenforceable against you under the laws that govern you (for example regarding indemnification, governing law or confidentiality of public records) applies only to the extent permitted, and the rest of this Agreement remains in effect. We will consider reasonable changes required by your procurement rules in a signed addendum.

12. General

This Agreement is governed by the laws of the State of Tennessee, USA, without regard to its conflict of laws rules, except where Section 11 requires otherwise. You may not assign this Agreement without our consent, except to a successor of your organization. This Agreement, your order and any signed addendum are the entire agreement about the Software and supersede any purchase-order terms. If a provision is unenforceable, the rest remains in effect. Apple, Mac, macOS, iPadOS and iOS are trademarks of Apple Inc.; the Software is not affiliated with or endorsed by Apple Inc.

Questions: sales@cachard.app