FoxTether Site Server License Agreement

Effective date: 2026-09-29

This agreement is between FoxTether LLC ("FoxTether", "we", "us") and the organization named in the license file installed on a Site Server ("you"). It governs the FoxTether Site Server software: the programs in a FoxTether release bundle, the license file that unlocks them, and every update we publish for them (together, the "Software"). The hosted FoxTether service is governed by the Terms of Service instead.

1. Acceptance

Installing, copying, updating or using the Software means you accept this agreement on behalf of your organization. If you do not accept it, do not install the Software, and delete any copy you hold.

2. What we license

We grant you a non-exclusive, non-transferable license to install and run one copy of the Software on one computer that you control, for your own operations, for the term and within the entitlements stated in your license file. The entitlements are the numbers of gateways, sources, live connections and egress destinations the Software will accept, and the delivery allowance, as the license file states them. The Software reads the license file and enforces those limits itself. A license file names one deployment and does not move to another.

3. What you may not do

You may not sell, rent, lease, sublicense, distribute or otherwise provide the Software to anyone outside your organization. You may not copy the Software except as needed to install, run and back it up. You may not remove or alter any notice, license file or version stamp in it, or circumvent, disable or defeat the license check or an entitlement. You may not reverse engineer, decompile or disassemble our programs except to the extent the law gives you that right regardless of this clause. You may not use the Software to build a competing product, or in any way that breaks the law.

4. Third-party software

A release bundle carries programs written by others, each under its own license, and our programs are built from open source libraries under their licenses. The file THIRD_PARTY_NOTICES.txt in every bundle names them and carries their license texts. Those licenses govern those components, and where one of them gives you a right this agreement seems to limit, that license controls for that component. We do not modify the third-party programs we ship.

5. Updates

We publish release bundles from time to time. You decide whether and when to apply one. Each update is licensed under this agreement, or under the revised agreement that ships with it, which applies once you install that release. The Software can check for new releases only if you turn that check on, and the check fetches a public notice and sends nothing about your site.

6. Your data

The Software runs on your computer, and the data it collects and routes stays on your infrastructure and under your control. We do not receive it and cannot see it. You are responsible for having the right to collect and route that data, including under any recording, surveillance and privacy laws that apply to your devices, and for any notices the law requires you to give the people your devices record.

7. Support and service levels

Unless we sign a separate written agreement with you, support is provided as we are able, with no response time and no service level. Where that written agreement and this one conflict, the written agreement controls.

8. Ownership

The Software, apart from the third-party components, belongs to FoxTether LLC. This agreement gives you a license to use it, not ownership of it. Feedback you send us may be used by us without restriction or obligation to you.

9. Warranty disclaimer

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED. YOU USE IT AT YOUR OWN RISK.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOXTETHER LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR REVENUE, ARISING OUT OF OR RELATED TO THE SOFTWARE OR THIS AGREEMENT. OUR TOTAL LIABILITY FOR ALL CLAIMS UNDER THIS AGREEMENT WILL NOT EXCEED THE FEES YOU PAID US FOR THE SOFTWARE IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE. Some jurisdictions do not allow some of these limits, and there they apply only to the extent the law allows.

11. Indemnification

You will defend and indemnify us against third-party claims arising from your use of the Software, your devices, the data you collect and route with it, or your breach of this agreement. This does not apply to claims caused by our own breach of this agreement.

12. Term and termination

This agreement runs for the term stated in your license file and ends when that license expires or is terminated. We may terminate it if you breach it and do not cure the breach within thirty days of our notice. When it ends, your license ends and you must stop using the Software. The data the Software collected is yours and you may keep it. Sections 3, 4, 6, 8, 9, 10, 11, 13 and 14 survive the end of this agreement.

13. Governing law

This agreement is governed by the laws of the State of Colorado, United States, without regard to its conflict-of-laws rules.

14. General

This agreement, your license file, and any separate written agreement we sign with you are the whole agreement about the Software. If a court finds part of it unenforceable, the rest stays in force. Our not enforcing a term is not a waiver of it. You may not assign this agreement without our written consent, except to a successor to your whole business who agrees to it in writing.

15. Contact

Questions about this agreement: [email protected].