OBJECT FIRST END USER LICENSE AGREEMENT
This End User License Agreement ("EULA"), effective as of November 1, 2026, is a legal agreement between the end user (as an individual or entity, "End User") and ObjectFirst, Inc. ("Licensor"), which sets forth the rights and obligations governing software products, which are provided as a pre-installed, integrated component of ObjectFirst hardware appliances ("Software"), limited support services, and associated documentation ("Documentation"). By installing, using, or otherwise interacting with the Software or Documentation, delivering, or receiving services involving the Software, End User agrees to be bound by the terms of this EULA. If End User does not agree with the terms of this EULA, do not use or otherwise interact with the Software, Documentation, or services.
1. General Terms
1.1. License Grant. Licensor grants to End User a non-exclusive, non-transferable, non-sublicensable right to use the Software in object code form and the Documentation for End User's internal business purposes under the terms and conditions stated herein. The Software is licensed specifically as an integrated component of the ObjectFirst hardware appliance ("Appliance") with which it was delivered. End User's right to use the Software is limited to use on such Appliance. Use of the Software independently of the Appliance (including but not limited to extraction for use on third-party hardware or in virtualized environments) is strictly prohibited.
1.2. The Software is to be used in accordance with the Documentation and the terms of this EULA. In the event the End User acquires the Appliance and the Software via a consumption-based acquisition model, the use of the Software and the Appliance under such a model is governed exclusively by the ObjectFirst Subscription Agreement located at https://objectfirst.com/legal/subscription-agreement/ and not by this EULA.
1.3. License Term. Notwithstanding Section 1.1, the license granted in respect of each Appliance is either perpetual or for a limited term, determined solely by the date of End User’s order for that Appliance: (a) for an Appliance ordered before November 1, 2026, the license is perpetual (a "Perpetual License"); and (b) for an Appliance ordered on or after that date, the license is granted for the term stated in End User’s order (the "License Term") and expires at the end of that term unless renewed (a "Term License"). That determination is fixed for the life of the Appliance and does not change by reason of any update to the Software, any later version of this EULA, the addition of Appliances to a cluster, or replacement of the Appliance under warranty.
1.4. Expiry of a Term License. On expiry of a License Term, Licensor will place the Appliance into read-only mode ("Read-Only Mode") by means of the Software, and End User expressly authorizes Licensor to do so. Licensor will give End User advance notice before an Appliance enters Read-Only Mode. In Read-Only Mode, the Appliance will not accept new backup data, but End User will continue to be able to access, read, restore, export, and delete data already stored on the Appliance, for as long as End User retains the Appliance and at no further charge, and Licensor will not delete, encrypt, withhold, or otherwise render that data inaccessible. Full functionality resumes upon renewal of the License Term.
2. Prohibited Use
Without Licensor's express prior written consent, End User may not (directly or indirectly through any employee, contractor, consultant, agent or other representative): (a) resell, transfer, share, or sublicense the Software; (b) decipher, decompile, disassemble, reverse assemble, reverse engineer, modify, or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of the Software, in whole or in part, for any purpose or in any manner (except to the extent such prohibition is expressly prohibited by law); (c) write or develop any derivative software or documentation or other software programs based upon the Software or Documentation; or (d) install, copy or run the Software on any hardware other than the Appliance with which it was delivered.
3. Maintenance and Support
3.1. Maintenance and support (collectively, "Maintenance") for the Software is available in accordance with Licensor's support policy. If Maintenance is included in End User's plan, it will commence upon the date the Appliance is delivered to End User. End User will receive support for the Software, including any updates, enhancements, or improvements. Expired Maintenance plans are not eligible for Software updates. Maintenance plans that have expired are not eligible for Software updates or the Appliance and/or Software support. For any cluster or group of nodes configured to operate together, Maintenance eligibility for the cluster is determined by the node with the shortest remaining Maintenance term (or earliest expiration date). If Maintenance for any node in the cluster has expired, the cluster will be treated as having expired Maintenance and will not be eligible for Software updates or the Appliance and/or Software support. Licensor may use collected telemetry (as prescribed in Section 4 below) to provide proactive Maintenance, including system health monitoring, security update notifications, and risk alerts.
3.2. The Software may include an automatic update functionality ("Automatic Updates") that, when enabled, downloads and installs updates to the Software, including updates to third-party packages, BIOS, disk, network, controller firmware, and components. By using the Software, End User acknowledges and agrees to the following:
a) Automatic Updates may include modifications to the Software, updates to existing third-party components and/or new third-party components.
b) An updated version of this EULA applies to Appliances ordered on or after the date it takes effect. No update to the Software and no later version of this EULA will reduce End User’s rights in respect of, or change the determination under Section 1.3 for, an Appliance ordered before that date.
c) The Automatic Updates functionality can be controlled through the Software's settings at any time. However, changing the default settings of the Automatic Updates may impact the security and functionality of the Software, and Licensor disclaims any liability arising from End User's decision to disable updates.
4. Technical Information Collection and Monitoring
4.1. The Software is designed to transmit real-time diagnostic information to Licensor over an encrypted connection to ensure the integrity of the immutable storage environment and to enable proactive error resolution. Licensor may collect technical information pertaining to the configuration, health, and performance of the Software and Appliance. Such telemetry may be used for the following purposes: faster issue resolution and proactive problem prevention; automatic software update notifications; automatic service ticket generation upon detection of critical events; and trend analysis to optimize capacity usage.
4.2. Notwithstanding Section 4.1, Licensor expressly agrees that it cannot and shall not access:
a) Any data stored by the End User on the Appliance (including but not limited to backup files and restored data); or
b) Any encryption keys, passwords, or security credentials managed by End User.
Licensor's access is strictly limited to system-level telemetry and operational metadata required for proactive maintenance and support. Under no circumstances shall telemetry collection result in access to End User's backup contents or credentials.
5. Personal Information
Personal data voluntarily provided by End User to Licensor, as well as any personal data inadvertently included in telemetry or diagnostic information collected pursuant to Section 4, will be processed in accordance with Licensor's Privacy Policy available at https://objectfirst.com/legal/privacy-policy/.
6. Intellectual Property Rights
The Software is LICENSED, NOT SOLD. The Software is protected by patent, copyright, trademark, trade secret, and other laws. All rights, title, and interest in and to the Software, Documentation, and any other Licensor materials are retained solely by Licensor. End User agrees that Licensor shall have the unrestricted, worldwide right to use any and all feedback and suggestions made by End User regarding the Software ("Feedback").
7. Open-Source Software
The Software may include open-source software components ("OSS") owned by third parties and subject to their respective license terms. The definitive list of OSS components and applicable licenses is contained within the OSS License File distributed with the Software. Nothing in this EULA modifies or supersedes any OSS license terms, and in the event of a conflict, the applicable OSS license shall control with respect to that specific component. Any warranties or liabilities related to OSS are governed solely by the applicable OSS license terms.
8. Audit
During the term of this EULA and for one year thereafter, Licensor may, upon reasonable notice, verify End User's compliance with this EULA no more than once per year, unless there are reasonable grounds to suspect a breach. End User must provide the requested information or access to infrastructure within thirty (30) days of such notice. If the audit reveals a material breach, its costs will be borne by End User.
9. Indemnification
Licensor will defend or, at its option, settle any action against End User based upon a claim that End User's use of the Software infringes any intellectual property right of a third party, provided that (a) Licensor is promptly notified, (b) Licensor has sole control of the defense, and (c) End User cooperates. This does not apply if (1) the Software is used beyond the scope of this EULA, (2) the Software is modified by End User, (3) the Software is used in combination with hardware or software not supplied by Licensor where the infringement would not have occurred otherwise, or (4) the Software is separated from the original Appliance.
10. Limited Warranty and Limitations of Liability
10.1. The Software license purchase is final and non-cancelable, non-returnable, and non-refundable, except as expressly provided in this Agreement.
10.2. THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
10.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.4. LICENSOR’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE LESSER OF (A) THE FEES PAID BY END USER TO LICENSOR DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) FIVE HUNDRED THOUSAND U.S. DOLLARS (US$500,000).
11. Export Control
The parties will comply with all applicable export or import regulations and trade sanctions imposed by various countries, including the U.S., E.U., U.K., and U.N. End User confirms that it is not included on any sanctions-related list of designated persons and is not organized under the laws of, resides in, or is controlled by any country or region subject to comprehensive sanctions or embargoes (currently, Belarus, Cuba, Iran, North Korea, Russia, Syria, and the Crimea, Donetsk, Kherson, Luhansk, and Zaporizhzhia regions of Ukraine). End User agrees that it will not use the Software in any manner that would violate applicable export control laws or regulations, including use by or for the benefit of any individual or entity identified on any restricted party lists (including the Consolidated Sanctions, Specially Designated Nationals, Denied Persons, Entity, or Unverified Lists). Licensor reserves the right to suspend access to the Software for violations of this clause without prior notice.
12. United States Government Users
The Software is "commercial computer software" as described in DFAR 252.227-7014(a)(1) and is acquired by the U.S. Government subject to the terms of this EULA as specified in FAR 12.212 and 12.211.
13. Confidentiality
Each party agrees to maintain the confidentiality of information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential, given the nature of the information and the circumstances of disclosure. For the avoidance of doubt, telemetry and operational data collected by Licensor pursuant to Section 4 constitute Licensor's Confidential Information. Confidential Information shall be used solely to fulfill obligations under this EULA. This obligation does not apply to information that is or becomes publicly known through no fault of the receiving party, was independently developed by the receiving party, or is required to be disclosed by law or court order.
14. General
This EULA constitutes the entire agreement between the parties with respect to its subject matter and supersedes any conflicting terms. If any provision is found unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will stay in effect. Licensor may assign this EULA to any affiliate or in connection with a merger or change of control without End User's consent.
15. Governing Law and Jurisdiction
This EULA is governed by, and construed in accordance with, the laws applicable as follows: (a) for End Users domiciled in the European Union, the laws of the Netherlands; (b) for End Users domiciled in the United Kingdom, the laws of England and Wales; and (c) for all other End Users, the laws of the State of Delaware, USA, in each case without regard to conflict of law principles. End User irrevocably submits to the exclusive jurisdiction of (a) the competent state courts located in Amsterdam, the Netherlands, for End Users domiciled in the European Union, (b) the state courts of England and Wales for End Users domiciled in the United Kingdom, and (c) the state and federal courts located in Delaware, USA, for all other End Users.