Terms of Service & End User License Agreement

1. Order processing (Paddle)

Purchases are processed by Paddle.com Market Ltd. / Paddle.com Inc. ("Paddle"), acting as merchant of record. Your payment is additionally subject to Paddle's Checkout Buyer Terms. Paddle handles payment processing, applicable taxes/VAT, invoices, and refunds on our behalf. This Agreement governs your use of the Software itself.

2. License grant

Subject to your payment of the applicable fees and continued compliance with this Agreement, Inno Software grants you a limited, non-exclusive, non-transferable, non-sublicensable subscription license to install and use the Software, during the paid subscription term, solely:

• for your internal business purposes; and
• on the Splunk deployment(s) identified in your license key ("Licensed Deployments").

3. License keys and enforcement

• License keys are cryptographically signed and locked to your Licensed Deployment identifier(s) ("node-lock"). The Software verifies keys locally (offline); no activation server is contacted.
• You may not share, publish, sell, rent, lease, or otherwise transfer a license key to any third party. A key issued to you is for your Licensed Deployments only, including where you are a reseller or systems integrator acting for an end customer — each end customer requires its own key.
• When a license expires, is invalid, or is used on a deployment that is not a Licensed Deployment, the Software stops providing its functionality until a valid license is present. It does not delete data, does not stop your Splunk deployment, and does not otherwise interfere with your environment; the data it reads is your own Splunk data and remains untouched. You acknowledge this enforcement behavior and agree that a stoppage caused by license expiry, invalidity, or use on an unlicensed deployment is not a defect.
• Where your Licensed Deployment identifier changes for a legitimate operational reason (disaster-recovery failover, hardware replacement, or a rebuilt search head), we will reissue your key for the remainder of your term at no charge on request.

4. Restrictions

Except to the extent expressly permitted by applicable law that cannot be contractually waived, you must not:

• copy (other than for reasonable backup), modify, adapt, translate, or create derivative works of the Software for redistribution;
• circumvent, disable, patch, or otherwise tamper with license verification, feature gating, or usage limits, or use the Software with a key you are not licensed to use;
• redistribute, resell, sublicense, or provide the Software as a service to third parties without our written agreement;
• remove or alter proprietary notices, including any identifier embedded in a license key or in output generated by the Software; or
• use the Software in violation of applicable law or third-party terms, including Splunk terms of service.

5. Customer responsibilities

You acknowledge and agree that:

• The Software runs inside your own Splunk deployment and reads data you have already collected. You are solely responsible for your Splunk environment, its configuration, its licensing, its data retention, and all charges billed to you by Splunk or by your infrastructure providers.
• You are solely responsible for the collection, lawful processing, content, and retention of the data the Software displays, including any personal data that may appear in the search results a chart renders.
• The Software is a visualisation and reporting tool. It is not designed or licensed for use in circumstances where an incorrect, delayed, incomplete, or absent chart could cause death, personal injury, or physical or environmental damage, or where continuous monitoring is legally required as the sole means of compliance.

6. Third-party services

The Software interoperates with software and services operated by third parties, including Splunk and the data sources your searches read. Inno Software is not affiliated with Splunk/Cisco or with any of those provider, and has no control over, and no responsibility for, their services, availability, APIs, output, or changes to them. Your use of those services is governed solely by your agreements with those providers.

7. Support and updates

During a paid subscription term we provide reasonable-effort email support at [email protected] and make available updates that we release generally to subscribers. All features we release during your subscription term are included at no additional charge. We do not guarantee response times, specific fixes, or compatibility with future versions of Splunk, except as required by applicable law.

8. DISCLAIMER OF WARRANTIES

To the maximum extent permitted by applicable law, the Software is provided "as is" and "as available", with all faults and without warranty of any kind.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INNO SOFTWARE DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, INNO SOFTWARE DOES NOT WARRANT THAT:

• THE SOFTWARE WILL OPERATE UNINTERRUPTED, ERROR-FREE, OR WITHOUT DEFECTS;
• ANY DASHBOARD, CHART, METRIC, OR ALERT CONDITION WILL BE ACCURATE, COMPLETE, OR TIMELY, OR WILL DETECT, SURFACE, OR CORRECTLY CHARACTERIZE ANY INCIDENT, FAULT, OR DEGRADATION;
• THE SOFTWARE WILL BE COMPATIBLE WITH ANY PARTICULAR VERSION OR FUTURE CHANGE OF SPLUNK; OR THAT DEFECTS WILL BE CORRECTED.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INNO SOFTWARE SHALL CREATE ANY WARRANTY. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you; in that case they apply to the maximum extent permitted.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• NO INDIRECT DAMAGES. IN NO EVENT SHALL INNO SOFTWARE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, BUSINESS INTERRUPTION, UNDETECTED OR MISDIAGNOSED OUTAGES, OR INCIDENTS PROLONGED BY RELIANCE ON A CHART OR DASHBOARD, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FEES OR CHARGES BILLED TO YOU BY SPLUNK, A CLOUD PROVIDER, OR ANY OTHER THIRD PARTY, ARISING OUT OF OR RELATED TO THE SOFTWARE OR THIS AGREEMENT — INCLUDING WHERE CAUSED BY A MALFUNCTION, DEFECT, ERROR, OR FAILURE OF THE SOFTWARE TO OPERATE AS DESCRIBED — WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF INNO SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• LIABILITY CAP. INNO SOFTWARE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE SHALL NOT EXCEED THE AMOUNT OF LICENSE FEES ACTUALLY PAID BY YOU FOR THE SOFTWARE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
• SOLE REMEDY. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH, OR MALFUNCTION OF, THE SOFTWARE IS TO STOP USING IT AND, WHERE ELIGIBLE, TO REQUEST A REFUND UNDER THE REFUND POLICY.
• THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under applicable law (for example, liability for willful misconduct or gross negligence under Korean law, or mandatory consumer rights in your jurisdiction). Where such law applies, liability is limited to the minimum extent it permits.

10. Indemnification

You will defend, indemnify, and hold harmless Inno Software from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of (a) your use of the Software in violation of this Agreement or applicable law, (b) your data or your Splunk configuration, or (c) your violation of any third-party terms, including Splunk terms of service.

11. Term, suspension, and termination

• This Agreement is effective for the paid subscription term and any renewal terms.
• This Agreement terminates automatically if you materially breach it (including license-key sharing or circumvention of licensing or usage limits) and, where the breach is curable, fail to cure it within 14 days of notice.
• Upon termination you must stop using the Software and delete installed copies. Sections 4, 5, 6, 8, 9, 10, 12, and 13 survive termination.

12. Governing law and disputes

This Agreement is governed by the laws of the Republic of Korea, without regard to its conflict-of-law rules. The courts of Seoul, Republic of Korea shall have exclusive jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction. If you are a consumer, this section does not deprive you of the protection of mandatory provisions of the law of your country of residence.

13. General

• Entire agreement. This Agreement (together with your Paddle order and our Privacy Policy and Refund Policy) is the entire agreement regarding the Software and supersedes all prior discussions.
• Changes. We may update this Agreement for future subscription terms; material changes will be posted on this page with an updated date. Changes do not apply retroactively to a paid, current term.
• Severability. If any provision is held unenforceable, the remainder remains in effect, and the provision is enforced to the maximum extent permitted.
• Assignment. You may not assign this Agreement without our written consent; we may assign it in connection with a merger, acquisition, or sale of assets.
• Export. You are responsible for compliance with applicable export control and sanctions laws.

14. Contact

Inno Software · Republic of Korea
Business Registration No. 311-28-01714
[email protected]