End-User License Agreement
Effective date: July 23, 2026
This End-User License Agreement (this “Agreement”) is a binding agreement between M9000 Systems, LLC (“Licensor,” “we,” or “us”) and the person or entity that accepts it (“Licensee,” “you”). It governs your access to and use of the BigBoard monitoring agents, collectors, installers, and the hosted BigBoard service, together with any accompanying documentation (collectively, the “Software”).
LICENSOR PROVIDES THE SOFTWARE SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND ON THE CONDITION THAT LICENSEE ACCEPTS AND COMPLIES WITH THEM. BY CLICKING “ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU (A) ACCEPT THIS AGREEMENT AND AGREE THAT LICENSEE IS LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT (I) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT, AND (II) IF LICENSEE IS A CORPORATION, GOVERNMENTAL ORGANIZATION, OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF LICENSEE AND BIND LICENSEE TO ITS TERMS. IF LICENSEE DOES NOT AGREE, LICENSOR WILL NOT AND DOES NOT LICENSE THE SOFTWARE TO LICENSEE, AND YOU MUST NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
1. Definitions
“Authorized Users” means those individuals authorized by Licensee to use the Software under the license granted in this Agreement. “Documentation” means the user and technical materials we provide describing the installation, operation, or use of the Software. “Intellectual Property Rights” means all patent, copyright, trademark, trade secret, database, and other intellectual property rights worldwide. “Licensee Data” means the data and content input, uploaded, collected, stored, processed, or generated by or on behalf of Licensee through the Software, including infrastructure telemetry sent from your monitored devices; it does not include the Software itself. “Update” means updates, bug fixes, patches, or error corrections that we generally make available to licensees.
2. License Grant and Scope
Subject to and conditioned upon Licensee's strict compliance with all terms of this Agreement, Licensor grants Licensee a non-exclusive, non-transferable, non-sublicensable, limited license during the Term to use, solely by and through its Authorized Users, the Software and Documentation to install and run the BigBoard agents and collectors on infrastructure that Licensee owns or is authorized to monitor, and to send the resulting telemetry to Licensee's BigBoard instance for monitoring, alerting, and analysis.
3. Use Restrictions
Licensee shall not, and shall not permit any Authorized User or third party to: (a) copy, distribute, sublicense, rent, lease, sell, or otherwise make the Software available to any third party; (b) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code, keys, or underlying structure of the Software, except to the limited extent this restriction is prohibited by applicable law; (c) remove, alter, or obscure any proprietary notices or code-signing signatures; (d) use the Software to monitor or access any system Licensee is not authorized to monitor or access; (e) circumvent device, tier, rate, or usage limits; or (f) use the Software in any manner that violates applicable law.
4. Reservation of Rights; Ownership
Licensor reserves all rights not expressly granted to Licensee in this Agreement. Except for the limited license expressly granted, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, any right, title, or interest in or to the Software or Documentation. Licensor and its licensors retain all right, title, and interest, including all Intellectual Property Rights, in and to the Software. Licensee receives no copy of, and no source-code or self-hosting rights to, the hosted service. As between the Parties, Licensee retains all right, title, and interest in Licensee Data.
5. Updates
The Software may check for and install signed Updates automatically through the signed collector and installer channels. Licensee consents to receiving such Updates, which are provided under this Agreement.
6. Confidentiality
Each Party may disclose confidential information about its business affairs, products, trade secrets, and other proprietary information. The receiving Party shall protect such information with reasonable care, use it only to exercise its rights and perform its obligations under this Agreement, and not disclose it except to those with a need to know who are bound by comparable confidentiality obligations.
7. Term and Termination
This Agreement begins on the Effective Date and continues for the term associated with Licensee's plan or trial, and any renewals, unless terminated earlier. Licensor may suspend or terminate this Agreement and the license if Licensee breaches it and fails to cure within a reasonable period. Upon termination, Licensee must stop using and remove the Software. Provisions that by their nature should survive termination — including Sections 3, 4, 6, 8, 9, and 10 — will survive.
8. Disclaimer of Warranties
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ALL ALERTS WILL BE ACCURATE OR TIMELY.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, OR LOSSES ARISING FROM MISSED, DELAYED, OR INACCURATE ALERTS, ARISING OUT OF OR RELATED TO THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. IN NO EVENT WILL LICENSOR'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE TO LICENSOR FOR THE SOFTWARE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. Export Regulation
The Software may be subject to U.S. export control laws, including the Export Control Reform Act and its regulations. Licensee shall not, directly or indirectly, export, re-export, or release the Software to any jurisdiction or party to which export is prohibited by applicable law.
11. Data
Telemetry and other data the Software collects are handled as described in our Privacy Policy. Licensee is responsible for ensuring it has the right to collect and send that data to the Software.
12. Modifications to this Agreement
Licensor may modify this Agreement from time to time. Licensor will post the updated Agreement with a revised effective date and, for material changes, provide notice (for example, by email to Licensee's account address or through an in-product or installer notice) before the changes take effect. Licensee's continued use of the Software after the effective date of an update constitutes acceptance of the modified Agreement. If Licensee does not agree to an update, Licensee must stop using and remove the Software before the update takes effect.
13. Governing Law
This Agreement is governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, and the Parties submit to the exclusive jurisdiction of the state and federal courts located in Texas.
14. Contact
Questions about this Agreement: support@bigboard.ai.