End User License Agreement
This End User License Agreement ("Agreement") is a legal agreement between you (an individual or a single organization, "you") and PENTACLAST LLC for the Stoker software, including the hub (the "Hub"), the agent (the "Agent"), and any documentation and updates (together, the "Software"). By installing, activating, or using the Software you agree to this Agreement. If you do not agree, do not install or use the Software.
1. License grant
"Machine" means a single physical or virtual computer running any edition of a Microsoft Windows operating system supported by the Software, whether a server or a client operating system, and including desktops, laptops, virtual machines, and unattended systems such as kiosks and point-of-sale terminals. One Machine is one installed instance of the Agent registered with your Hub. Each registered Agent counts as exactly one Machine, regardless of which Windows edition it runs, how many services it monitors, or whether the hardware is physical or virtual. Windows is a technical prerequisite of the Software, not a licensing distinction: we do not price server and client operating systems differently.
Subject to this Agreement and your payment of any applicable fees, we grant you a non-exclusive, non-transferable, revocable license to install and use the Software within your own organization to monitor the number of Machines permitted by your plan:
- Trial. Every installation may be used with full features for 30 days from first run.
- Free tier. After the trial, the Software may continue to be used to monitor one (1) Machine at no charge.
- Paid tiers. A valid license key raises the number of monitored Machines to the amount stated for your plan (for example, Business or MSP), for the license term.
The Hub itself is not counted unless you also install the Agent on it. Users, HTTP checks, alerts, and event history are unlimited on every plan.
A license key identifies your organization and is issued for your use. You are responsible for keeping it confidential.
2. What happens when a license lapses
If a paid license expires or is not renewed, the Software does not stop monitoring the Machines you have already registered. Instead, you are simply prevented from registering additional Machines beyond the free tier until you renew. Continued access to new versions and support requires an active license.
3. Restrictions
You may not: (a) resell, sublicense, rent, or distribute the Software or license keys to any third party; (b) share a license key across separate organizations; (c) remove or circumvent the Software's licensing, trial, or usage limits; (d) reverse engineer, decompile, or disassemble the Software except to the extent this restriction is prohibited by law; or (e) use the Software in violation of applicable law. Managed Service Providers using an MSP license may operate the Software on behalf of their clients as described for that plan.
4. Ownership
The Software is licensed, not sold. We and our licensors retain all right, title, and interest in and to the Software, including all intellectual property rights. This Agreement grants you no rights other than the license expressly stated here.
5. Your data and your environment
The Software is self-hosted. Monitoring data stays on your infrastructure; we do not receive it. You are solely responsible for your Machines, your configuration of monitoring rules (including CPU/memory limits, restart behavior, and which services are managed), for testing that configuration in a non-production setting first, and for maintaining backups and appropriate access controls. This applies equally to Machines that people use interactively, such as desktops and point-of-sale terminals, where an automatic restart may interrupt someone's work.
6. Disclaimer of warranties
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT IT WILL DETECT, PREVENT, OR REMEDIATE ANY PARTICULAR CONDITION, INCLUDING SERVICE OUTAGES.
7. Limitation of liability
The Software automatically stops, starts, kills, and restarts services on the Machines you configure. You acknowledge that these are inherently disruptive operations and that you deploy the Software at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PENTACLAST LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, OR FOR SERVICE DOWNTIME OR INTERRUPTION, ARISING OUT OF OR RELATED TO THE SOFTWARE OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SOFTWARE WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.
8. Support and updates
Support is provided at the level described for your plan and may change over time. Updates, when released, are provided under this Agreement. We are not obligated to provide any particular update, feature, or support response time unless separately agreed in writing.
9. Term and termination
This Agreement applies for as long as you use the Software. We may terminate it if you materially breach it and do not cure the breach within a reasonable period. On termination you must stop using and remove the Software. Sections 4 through 7, 10, and 11 survive termination.
10. Governing law
This Agreement is governed by the laws of the State of North Carolina, United States, without regard to its conflict-of-laws rules. The courts located in the State of North Carolina, United States will have exclusive jurisdiction over any dispute, subject to any mandatory consumer-protection rights you may have where you live.
11. General
This Agreement is the entire agreement between you and us regarding the Software and supersedes prior understandings. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. We may update this Agreement for future versions of the Software; the version you accepted governs your current installation.
12. Contact
Questions about this Agreement: contact@stoker.services.