End User License Agreement (EULA)

1. License Grant

Subject to the terms of this EULA and any applicable license tier restrictions, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Install and use the Software on devices you own or control
• Use the Software to scan code repositories you own or have permission to access
• Integrate the Software with your development workflows and CI/CD pipelines

License Types:

• Free Tier: Personal use, limited features
• Paid Tiers: Commercial use per your subscription terms
• Enterprise: Per your separate Enterprise agreement

2. Critical Warranty Disclaimer - Security Tool

2.1 No Guarantee of Security

WE DO NOT WARRANT, GUARANTEE, OR PROMISE THAT:

• The Software will detect all security vulnerabilities in your code
• Scan results are 100% accurate or complete
• Your code is secure after using the Software
• Following our recommendations will prevent security breaches
• Our security rules are comprehensive, current, or error-free
• The Software will meet your security requirements

2.2 No Liability for Security Incidents

WE ARE NOT RESPONSIBLE FOR:

• Security breaches, data breaches, or unauthorized access to your systems
• Financial losses from vulnerabilities not detected by the Software
• Damages resulting from false positives or false negatives
• Compliance failures despite using the Software
• Attacks exploiting vulnerabilities the Software did not detect
• Any damages whatsoever arising from the use or inability to use the Software

2.3 Not a Substitute for Professional Services

THE SOFTWARE IS NOT:

• A substitute for professional security audits or penetration testing
• Professional security consulting or advisory services
• A guarantee of compliance with any regulatory framework (GDPR, PCI-DSS, HIPAA, SOC 2, etc.)
• Cybersecurity insurance or financial protection
• A certification or validation of your code's security

2.4 Your Responsibility

YOU ARE SOLELY RESPONSIBLE FOR:

• Verifying and validating all scan results independently
• Making security decisions based on your own judgment
• Implementing appropriate security practices and controls
• Testing and verifying the security of your applications
• Compliance with applicable laws and regulations
• Protecting your systems and data from security threats

BY USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND ACCEPT THESE LIMITATIONS AND RISKS. IF YOU REQUIRE WARRANTIES, GUARANTEES, OR PROFESSIONAL SECURITY SERVICES, DO NOT USE THIS SOFTWARE.

3. License Restrictions

3.1 You May NOT:

• Reverse Engineer: Decompile, disassemble, or reverse engineer the Software or attempt to derive source code
• Modify: Alter, modify, adapt, or create derivative works of the Software
• Redistribute: Sell, rent, lease, sublicense, distribute, or transfer the Software to third parties
• Circumvent: Bypass, disable, or circumvent any license validation or security mechanisms
• Share Licenses: Share, transfer, or use license keys on more machines than permitted by your subscription tier
• Exceed Limits: Use the Software beyond the controller/project/node limits specified in your license
• Clone/Duplicate: Clone virtual machines, containers, or systems to bypass machine fingerprinting
• Tamper: Modify, delete, or tamper with license files, state files, or cryptographic signatures
• Compete: Use the Software to develop competing products or services
• Unauthorized Scanning: Scan code you do not own or have explicit permission to access
• Abuse: Use the Software in any manner that violates applicable laws or our Terms of Service

3.2 License Enforcement & Monitoring

We employ technical measures to enforce license restrictions, including:

• Machine Fingerprinting: Licenses are bound to specific machines/controllers using hardware and system identifiers
• Cryptographic Signatures: License files are digitally signed and cannot be forged or modified
• Usage Tracking: The Software may record local usage statistics (scans performed, controllers activated) in encrypted state files
• Audit Rights: We reserve the right to audit your use of the Software upon reasonable notice to ensure compliance with license terms
• Automatic Deactivation: Licenses automatically deactivate upon expiration or subscription cancellation

Detection of Violations: If we detect or have reasonable belief that you are violating license restrictions, we may:

1. Immediately terminate your license and access to the Software
2. Disable your license keys remotely (for non-air-gapped deployments)
3. Pursue legal remedies including injunctive relief and monetary damages
4. Report violations to relevant authorities if fraud or criminal activity is suspected

3.3 Proprietary Rights

The Software is proprietary and protected by copyright law, trade secret law, and international intellectual property treaties. You acknowledge that we and our licensors retain all right, title, and interest in the Software, including all intellectual property rights therein.

3.4 No Obligation to Monitor

While we implement technical enforcement measures, we are under no obligation to actively monitor your use of the Software. Absence of enforcement action does not constitute a waiver of our rights or permission to violate license terms.

4. Subscription and Fees

4.1 License Tiers

Use of the Software requires a valid license as specified in our license documentation.

4.2 License Validation

Depending on your configuration and license type, the Software may perform license validation.

Offline / Air-Gapped Use: For offline or air-gapped environments, license validation can be performed without contacting our servers (for example, using cryptographically signed license files/keys).

Online Validation (If Enabled or Required): If enabled or required for your license type, the Software may contact our licensing endpoint to:

• Validate your license key
• Check for license expiration
• Enforce tier-based feature restrictions

No Source Code or Scan Results: License validation requests do not include your source code, repository contents, scan results, findings, AI prompts, or secrets.

Telemetry: Anonymous usage statistics and crash reports are transmitted only if you explicitly enable telemetry (opt-in). See Section 7.2.

4.3 Termination

Your license terminates immediately if:

• Your subscription expires or is canceled
• You violate any term of this EULA
• You fail to pay applicable fees
• We terminate your account

Upon termination, you must immediately cease using and delete all copies of the Software.

5. Limitation of Liability

5.1 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SOFTWARE SHALL NOT EXCEED THE LESSER OF:

1. Paid Tiers: The amount you paid for the Software in the 3 months immediately preceding the event giving rise to liability
2. Free Tier: ONE HUNDRED DOLLARS ($100 USD)

5.2 Exclusion of Damages

WE SHALL NOT BE LIABLE FOR ANY:

• Indirect, incidental, consequential, special, exemplary, or punitive damages
• Lost profits, revenue, data, business opportunities, or goodwill
• Cost of procurement of substitute goods or services
• Service interruptions, downtime, or data loss
• Damages arising from third-party actions or omissions
• Damages resulting from your reliance on scan results
• Damages from security incidents in systems you scanned

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.3 Time Limit for Claims

ALL CLAIMS MUST BE BROUGHT WITHIN SIX (6) MONTHS OF THE EVENT GIVING RISE TO THE CLAIM, OR SUCH CLAIMS ARE FOREVER WAIVED.

6. Indemnification

You agree to indemnify, defend, and hold harmless Rocket City Defense Solutions LLC, its officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of the Software
• Your reliance on scan results without independent verification
• Security incidents in systems you scanned with the Software
• Your violation of this EULA or applicable laws
• Your violation of any third-party rights
• Any claim that your actions caused harm to a third party
• License violations, piracy, or unauthorized use of the Software
• Sharing or distributing license keys or files to unauthorized parties

This indemnification obligation survives termination of this EULA.

6A. License Violations and Remedies

6A.1 Breach of License Terms

Violation of any license restriction in Section 3 constitutes a material breach of this EULA and may result in:

1. Immediate Termination: Your license is automatically terminated without refund
2. Account Suspension: All associated accounts, licenses, and services may be suspended
3. Legal Action: We may pursue legal remedies including:
   • Injunctive relief to prevent continued violations
   • Monetary damages including statutory damages under applicable copyright law
   • Recovery of attorney fees and costs
   • Criminal referral if fraud or computer crimes are involved

6A.2 Statutory Damages for Copyright Violations

Unauthorized copying, distribution, or modification of the Software may subject you to statutory damages of up to $150,000 per work under U.S. Copyright Law (17 U.S.C. § 504(c)), in addition to actual damages and attorney fees.

6A.3 Liquidated Damages for License Sharing

If you share, transfer, or permit unauthorized use of your license beyond the permitted number of controllers/projects/nodes, you agree to pay liquidated damages of:

• $5,000 per unauthorized controller/project/node, OR
• The retail price differential between your tier and the appropriate tier for your actual usage, whichever is greater

These are agreed-upon liquidated damages, not penalties, representing a reasonable estimate of our actual damages which are difficult to calculate precisely.

6A.4 Reporting Violations

If you become aware of license violations or piracy of the Software, please report it to legal@rocketcitydefensesolutions.com. We may offer rewards for credible reports leading to enforcement action.

7. Data Collection and Privacy

7.1 Offline-First Architecture

The Software runs entirely in your environment. We do not have access to:

• Your source code or repository contents
• Your scan results or security findings
• Your AI prompts or responses
• Your configuration files or secrets

7.2 Optional Telemetry (Opt-In Only)

If you explicitly enable telemetry, the Software may transmit:

• License key validation requests (sent securely to our licensing server)
• Anonymous usage statistics (feature flags, scan counts)
• Software version and crash reports

Telemetry is OFF by default. You can verify network activity using standard monitoring tools.

7.3 Customer-Controlled AI

We do NOT proxy AI requests. You provide your own API keys for:

• OpenAI, Azure OpenAI, AWS Bedrock, Anthropic, etc.
• Local models (Ollama, llama.cpp, GGUF files)

AI requests go directly from the Software to your chosen provider, and we are never in the data path.

7.4 Privacy Policy

Your use of the Software is also governed by our Privacy Policy.

8. Termination

8.1 Termination by You

You may terminate this EULA at any time by uninstalling and deleting all copies of the Software.

8.2 Termination by Us

We may terminate this EULA immediately if you:

• Violate any term of this EULA
• Engage in fraudulent activity or abuse
• Fail to pay applicable fees
• Attempt to reverse engineer or circumvent license protections

8.3 Effect of Termination

Upon termination:

• Your license to use the Software immediately terminates
• You must cease all use and delete all copies of the Software
• Sections 2 (Warranty Disclaimer), 5 (Limitation of Liability), 6 (Indemnification), and 9 (Governing Law) survive termination

9. Governing Law and Dispute Resolution

9.1 Governing Law

This EULA is governed by the laws of the State of Alabama, United States, without regard to conflict of law principles.

9.2 Arbitration

Any dispute arising from this EULA shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except where prohibited by law.

9.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

9.4 Exceptions

Either party may seek injunctive relief in court for:

• Intellectual property infringement
• Violation of license restrictions
• Unauthorized access or use

10. General Provisions

10.1 Entire Agreement

This EULA, together with our Terms of Service and Privacy Policy, constitutes the entire agreement between you and us regarding the Software.

10.2 Severability

If any provision of this EULA is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.

10.3 Waiver

Our failure to enforce any right or provision of this EULA does not constitute a waiver of such right or provision.

10.4 Assignment

You may not assign this EULA without our prior written consent. We may assign this EULA at any time without notice.

10.5 Contact

For questions about this EULA:

• Email: legal@rocketcitydefensesolutions.com
• Phone: 256-578-8080
• Address: Huntsville, Alabama, USA

11. Acceptance

IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SOFTWARE.