rConfig Professional Edition, Software Licence Agreement (EULA)

Version 2.0 Last Updated: 1st January 2026

Effective for orders placed on or after the date above. Customers who accepted a previous version of this Agreement remain subject to that version until their next renewal.

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Parties and Scope

This Software Licence Agreement ("Agreement", "EULA") is made between:

OS Informatics Limited, trading as rConfig, a company incorporated in Ireland under company number 751053, with its registered office at 44 Longshore Drive, Jacobs Island, Cork, Ireland ("rConfig"); and

the customer identified in the applicable order, invoice, or grant letter ("Company").

This Agreement governs Company's use of rConfig Network Configuration Manager, Professional Edition ("Software") in self-hosted or on-premises deployments.

This Agreement does not apply to:

• rConfig Core (open-source edition);
• rConfig Enterprise Edition;
• rConfig Vector (MSP or multi-tenant deployments); or
• any hosted or cloud service operated by rConfig,

each of which is governed by separate terms.

Acceptance

By downloading, installing, copying, accessing, or using the Software, Company agrees to be bound by this Agreement.

If Company does not agree to this Agreement, Company must not download, install, copy, access, or use the Software, and must promptly delete or return the Software and any proof of entitlement to the party from whom it was acquired.

If an individual accepts this Agreement on behalf of a legal entity, that individual warrants that they have full authority to bind that entity, and "Company" means that entity.

This Agreement is for business use only. Company warrants that it is not a consumer and that it is acquiring and using the Software for the purposes of its trade, business, or profession.

Company is responsible for ensuring that all End Users, Affiliates, and Managing Parties comply with this Agreement.

Capitalised terms have the meanings given in Section 16 (Definitions and Interpretation) or where first defined in this Agreement.

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1. Licence Grant; Scope

1.1 Licence Grant

Subject to this Agreement and to payment of all applicable fees, rConfig grants Company a non-exclusive, non-transferable, non-sublicensable licence to install and use the Software solely for Company's own internal business operations.

Unless otherwise agreed in writing, this licence:

• applies only to Company's own internal networks and infrastructure;
• excludes use for the benefit of any third party, customer, or group company except as expressly permitted in Section 2.5; and
• grants no rights in or to the source code of the Software.

1.2 Perpetual Term

Unless otherwise specified in the applicable order or grant letter, the licence granted under Section 1.1 is perpetual, subject to Company's continuing compliance with this Agreement and to rConfig's rights of suspension and termination under Sections 6.4 and 5.2.

1.3 Updates and Upgrades

Company has no entitlement to Updates or Upgrades unless Company holds an active Support agreement or subscription that expressly includes such rights.

1.4 Software Scope; Roadmap and Forward-Looking Statements

The licence granted under this Agreement applies only to the Software as delivered and as described in the Documentation current at the date of Delivery.

Any statement by rConfig regarding future functionality, including roadmap items, changelog entries, release notes, planned features, beta or preview functionality, indicative timelines, and any statement described as planned, forthcoming, under consideration, or in development, is provided for information only. Such statements:

• do not form part of the Software licensed under this Agreement;
• are not commitments, warranties, or representations;
• may be changed, deferred, or withdrawn by rConfig at its sole discretion and without notice; and
• must not be relied upon by Company in making any purchasing, renewal, architectural, or operational decision.

Company acknowledges that it has acquired the Software on the basis of the functionality available at the date of Delivery and not on the basis of any anticipated future functionality.

1.5 Documentation

The Documentation is provided as guidance to assist Company in installing, configuring, and operating the Software.

The Documentation is updated from time to time. The version published on the Documentation Website at the relevant time is the operative version for all purposes under this Agreement, including the Limited Warranty in Section 9.1.

rConfig uses reasonable efforts to keep the Documentation accurate and current but does not warrant that it is complete, current, or free from error or omission. Where the Documentation and the behaviour of the Software conflict, Company will notify rConfig in accordance with Section 9.1, and rConfig will, at its discretion, correct the Documentation or correct the Software.

The Documentation is rConfig Confidential Information as set out in Sections 7 and 8.1.

AI Output is not Documentation, and no statement generated by an AI Feature forms part of the Documentation or of any warranty given by rConfig.

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2. Copy and Use Terms

2.1 Product Entitlement

Company's right to use the Software is limited by the Product Entitlement set out in the applicable order, invoice, or grant letter. Where the applicable order, invoice, or grant letter does not specify a device or node limit, the Device Limit in Section 3.1 applies.

2.2 Multiple Platforms and Bundles

Where the Software supports multiple platforms, or is supplied bundled with other software, the total number of devices managed, monitored, or configured by all deployed instances of the Software must not exceed Company's Product Entitlement.

2.3 Back-Up Copies

Company may make a reasonable number of copies of the Software solely for back-up, archival, and disaster recovery purposes within Company's own environment.

2.4 Installations

Company may install the Software on multiple servers or environments, including test and staging environments, provided that:

• all such installations are used solely for Company's own internal business operations; and
• the total number of managed devices across all installations does not exceed the Product Entitlement and the Device Limit in Section 3.1.

2.5 Affiliates and Managing Parties

Company may permit use of the Software in accordance with this Agreement:

• by a Company Affiliate; or
• by a Managing Party engaged to manage Company's IT resources,

in each case provided that:

• the Affiliate or Managing Party uses the Software only for Company's internal business operations and not to provide services to any other party;
• the Affiliate or Managing Party is bound by obligations no less protective of rConfig than those in this Agreement; and
• Company notifies rConfig in writing of the identity of any Managing Party before that Managing Party is granted access to the Software, and provides updated details promptly on rConfig's written request.

Company is fully responsible and liable for the acts and omissions of its Affiliates, End Users, and any Managing Party as if they were the acts and omissions of Company.

2.6 General Restrictions

Except as expressly permitted in this Agreement, Company must not, and must not permit any third party to:

• remove, obscure, or alter any copyright, trade mark, or other proprietary notice on or in the Software or Documentation;
• sell, rent, lease, lend, license, sublicense, distribute, or otherwise make the Software available to any third party, including as part of a service bureau, managed service, hosting, or time-sharing arrangement;
• modify, adapt, translate, or create derivative works of the Software, or alter, replace, or patch any of its dependencies;
• reverse engineer, decompile, or disassemble the Software, or attempt to discover, extract, derive, or reconstruct its source code, algorithms, data structures, machine learning models, model weights, prompts, system prompts, prompt templates, tool or function definitions, agent instructions, embeddings, vector representations, training data, or the internal logic or behaviour of any AI Feature or AI workflow, except to the extent that such an act cannot lawfully be prohibited under mandatory law and then only after giving rConfig prior written notice and a reasonable opportunity to provide the required interoperability information;
• use any AI Output, or any input to or output of an AI Feature, to train, fine-tune, distil, evaluate, or improve any machine learning model, or to develop any product or service that competes with the Software;
• extract, harvest, or systematically collect AI Output, prompts, or AI Feature responses at scale, whether manually or by automated means;
• use the Software, or any information derived from it, to develop, directly or indirectly, any product or service that competes with the Software;
• publish or disclose any performance test, benchmark test, comparative test, comparative evaluation, or quantitative scale, capacity, throughput, accuracy, or latency figures relating to the Software or to any AI Feature, or any material generated during an evaluation or proof of concept, without rConfig's prior written consent, provided that nothing in this paragraph restricts Company from expressing its own opinion about the Software or from making any disclosure required by law or by a regulator;
• circumvent, disable, or interfere with any licensing, entitlement, activation, or usage-measurement mechanism in the Software; or
• run or operate the Software in a public cloud or on-demand multi-tenant environment as a service offered to third parties, except as expressly permitted by rConfig in writing.

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3. Device Capacity, Professional Edition Limit

3.1 Device Limit

Under this Professional Edition licence, Company may use the Software to manage, monitor, or configure up to one thousand (1,000) network devices in total (the "Device Limit"), unless a higher limit is expressly granted in writing by rConfig in the applicable order, invoice, or grant letter.

A "network device" means any individual item of network hardware, or any discrete virtual or logical instance of such hardware, managed by the Software, including a router, switch, firewall, load balancer, wireless controller, management appliance, or similar device.

3.2 Exceeding the Device Limit

Company must not operate above the Device Limit without prior written agreement with rConfig.

For the purposes of this Section, Company is treated as operating above the Device Limit where the peak number of network devices managed, monitored, or configured by the Software exceeds the Device Limit at any point during a rolling thirty (30) day period, as evidenced by a deployment report under Section 6.6 or by Software-generated device counts. Temporary exceedance during a documented migration, hardware refresh, or disaster recovery event does not count towards this test provided that it is remedied within thirty (30) days and Company notifies rConfig in writing.

Where rConfig determines that Company is operating above the Device Limit, rConfig may:

• require Company to purchase additional licences or to upgrade to an Enterprise or Vector agreement;
• adjust fees retroactively for the period of exceedance;
• suspend Support or maintenance in accordance with Section 6.4; or
• treat the exceedance as a material breach under Section 5.2.

3.3 Enterprise and Vector Deployments

Deployments that:

• exceed the Device Limit other than as permitted under Section 3.2;
• serve multiple legal entities or external customers; or
• require source-code level customisation or MSP-style multi-tenant operation,

must operate under an Enterprise or Vector agreement and not under this Professional Edition EULA.

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4. Technical Support and Maintenance

The Technical Support and Maintenance Terms and Conditions, as updated from time to time and available on the Documentation Website, apply where Company has purchased Support or holds a relevant subscription, and are incorporated into this Agreement by reference.

After the applicable Support or subscription period expires, Company may continue to use the Software under this Agreement but has no further right to Support, Updates, or Upgrades.

rConfig may subcontract the provision of Support in whole or in part, provided that rConfig remains responsible for its obligations under this Agreement.

4.1 Fair Use Policy for Support

Support resources are shared across customers. rConfig may, at its discretion, treat repeated or excessive support usage as outside fair use and may:

• recommend a higher support tier or an Enterprise agreement; or
• limit non-critical support where usage clearly exceeds reasonable levels.

4.2 Support Response Targets, Professional Edition

(a) Coverage. Support is provided during Support Hours, being 8 AM to 8 PM Irish Time, excluding public holidays in the Republic of Ireland. A support request received outside Support Hours is treated as received at the start of the next Support Hours period.

(b) Severity. Severity is assigned as follows. Where the parties disagree on severity, rConfig's assessment applies.

(c) Response targets. For customers holding an active Professional Support agreement, rConfig aims to provide an initial response within the following periods, measured within Support Hours from the time a request containing the information required under Section 4.10 is received through an agreed support channel:

(d) Status of targets. The response targets in Section 4.2(c) are objectives only and are not guaranteed. rConfig gives no commitment as to the time within which any issue will be diagnosed, reproduced, worked around, mitigated, or resolved, or as to whether any particular issue will be resolved at all. Any period during which rConfig is awaiting information, access, or a response from Company does not count towards a response target.

(e) Exclusions. No response target applies where the issue arises from any matter listed in Section 4.6, from Company's failure to meet its obligations under Section 4.10, from use of a version of the Software that has reached End-of-Life, from any AI Output or Model Provider, or from an environment, platform, or third-party component not validated by rConfig.

(f) Sole remedy. Where rConfig fails to meet an initial response target in Section 4.2(c), Company's sole and exclusive remedy is a credit against the next Support renewal fee, calculated as five per cent (5%) of the annual Support fee per failure, subject to an aggregate maximum in any twelve (12) month period of fifteen per cent (15%) of the annual Support fee. Credits must be claimed in writing within thirty (30) days of the failure. Credits are not payable in cash, and no other remedy, refund, damages, or right of termination arises from a failure to meet a response target.

4.3 Support Policy Changes

rConfig may change its Support offerings and policies, including the Technical Support and Maintenance Terms and Conditions, effective from the start of any renewal period, and will notify Company of material changes not less than thirty (30) days before the renewal date.

4.4 Feature Requests and Enhancements

Feature requests are welcome, but:

• rConfig has no obligation to implement any request;
• prioritisation is at rConfig's sole discretion; and
• any timeline given is indicative only and is subject to Section 1.4.

4.5 Modifications and Customisation

Under this Professional Edition:

• Company must not modify or customise the Software code or its dependencies;
• configuration through the user interface, the documented API, and documented configuration options is permitted; and
• unauthorised code-level modification is outside the scope of Support, voids the Limited Warranty in Section 9.1, and may constitute a material breach under Section 5.2.

Customers requiring customisation, integration development, or code changes should enter into an Enterprise or Vector agreement.

4.6 Support Exclusions

rConfig may refuse or limit Support where the issue is caused by or arises from:

• unauthorised modification of the Software or its dependencies;
• an unsupported or unvalidated environment, operating system, database version, or platform;
• a third-party integration or component not validated by rConfig;
• any Model Provider, or the configuration, availability, output, or behaviour of any Model Provider;
• Company's deployment of AI Output without the review required by Section 12.2;
• Company's own network, infrastructure, or security configuration;
• a version of the Software that has reached End-of-Life; or
• Company's failure to meet its obligations under Section 4.10.

rConfig maintains a list of validated integrations and supported platforms on the Documentation Website.

4.7 Subscription Renewal

Unless otherwise agreed in writing, Support and subscription services renew automatically for successive periods of one (1) year at rConfig's then-current list price for the relevant tier. Either party may decline renewal by giving not less than thirty (30) days' written notice before the renewal date.

4.8 Customer Conduct and Anti-Abuse

Company, its Affiliates, End Users, Managing Parties, and any contractor or agent acting on Company's behalf must:

• act professionally and respectfully in all interactions with rConfig personnel;
• not engage in abusive, harassing, threatening, intimidating, discriminatory, or bad-faith behaviour towards rConfig personnel;
• not flood, spam, or otherwise misuse rConfig's ticketing, communication, or support systems;
• not attempt to bypass agreed support channels, escalation paths, or named contacts; and
• not probe, scan, penetration test, attack, or otherwise interfere with rConfig's own systems, services, or infrastructure without rConfig's prior written consent.

Where a breach of this Section occurs, rConfig may suspend or limit Support, restrict access to specific support channels, require that all contact be routed through a single named individual on each side, and, in the case of repeated or severe breaches, terminate this Agreement under Section 5.2.

Where rConfig reasonably believes that the safety or security of its personnel, systems, or services is at risk, rConfig may suspend interactions immediately and without notice, without prejudice to its other rights and remedies.

For the avoidance of doubt, this Section governs conduct and not content. Nothing in this Section restricts Company from raising defects, reporting failures, disputing rConfig's performance, or expressing dissatisfaction with the Software or with Support, however strongly expressed, and rConfig will not treat the substance of any such report as a breach of this Section.

4.9 Escalation and Service Review

Each party will nominate a named commercial contact and a named technical contact for the purposes of this Agreement, and will keep those details current.

Where Company is dissatisfied with the Software or with Support, Company will escalate in the following order before treating the matter as a dispute or as a breach of this Agreement: first to the assigned rConfig support engineer; then to rConfig's support lead; then to rConfig's named commercial contact. rConfig will acknowledge each escalation within two (2) business days.

Either party may request a service review, and on such a request the parties will meet within ten (10) business days to review open issues, agree priorities, and record agreed next steps in writing.

Where either party wishes to set implementation milestones, acceptance criteria, exit criteria, or a decision point relating to the Software, those must be agreed by both parties in writing to be effective under this Agreement. Milestones, criteria, or deadlines set unilaterally by one party do not create any obligation on the other party, and failure to meet them does not constitute a breach of this Agreement.

4.10 Company Obligations and Dependencies

Company acknowledges that rConfig's ability to provide Support, and to meet the response targets in Section 4.2, depends on Company's cooperation. Company will, at no charge to rConfig:

• maintain the Software on a supported version and in a supported environment as set out in the Documentation;
• nominate at least one named technical contact with sufficient authority and technical knowledge;
• provide, when raising a support request, a clear description of the issue, the steps to reproduce it, the affected device or devices, the Software version and edition, relevant log output, and any diagnostic output reasonably requested by rConfig;
• respond to rConfig's requests for information, access, or clarification without undue delay;
• where reasonably required and subject to Company's own security requirements, provide timely access to the affected environment, to a representative test device, or to a non-production instance for reproduction purposes; and
• perform any reasonable remedial or diagnostic step reasonably requested by rConfig.

Where Company does not meet an obligation under this Section, rConfig's corresponding obligations under Sections 4.2 and 9.1 are suspended for the duration of the failure, and any applicable target period is extended by an equivalent amount.

Any estimate given by rConfig of the effort or elapsed time required to install, configure, migrate to, or operationalise the Software assumes that Company meets its obligations under this Section, provides accurate information about its environment, and does not materially change scope. Such estimates are indicative only, are subject to Section 1.4, and are not commitments.

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5. Termination

5.1 Termination by Company

Company may terminate this Agreement at any time by ceasing all use of the Software and uninstalling and destroying all copies of it. No fees already paid are refundable unless otherwise agreed in writing.

5.2 Termination by rConfig for Breach

rConfig may terminate this Agreement and the licence granted under it where Company materially breaches this Agreement and fails to cure the breach within thirty (30) days of written notice specifying the breach.

Without limitation, each of the following is a material breach: operating above the Device Limit contrary to Section 3.2; unauthorised managed service, hosting, or multi-tenant use; unauthorised sale, rental, lease, sublicensing, or distribution of the Software; unauthorised modification of the Software or its dependencies; reverse engineering contrary to Section 2.6; use of any AI Feature or AI Output contrary to Section 2.6 or Section 12.6; use of the Software to develop a competing product or service; breach of Section 7; breach of Section 14; and repeated or severe breach of Section 4.8.

rConfig may terminate this Agreement with immediate effect and without a cure period where the breach is incapable of cure, where it involves fraud, or where continued performance would expose rConfig to material legal, regulatory, or security risk.

5.3 Effect of Termination

On termination of this Agreement:

• all licences granted under this Agreement, including the perpetual licence in Section 1.2, cease immediately;
• Company must promptly cease all use of the Software, uninstall and destroy or return all copies of the Software and Documentation, and certify that it has done so in writing on rConfig's request;
• all fees accrued or payable up to the effective date of termination become immediately due; and
• the Sections identified in Section 15.10 survive.

Termination does not affect any right, remedy, obligation, or liability that has accrued before termination.

5.4 End-of-Life

Use of the Software is subject to rConfig's End-of-Life policy, published on the Documentation Website. On the End-of-Life date for a given version or feature, rConfig may cease providing Updates, Upgrades, security patches, and Support for that version or feature.

End-of-Life does not of itself terminate the perpetual licence granted under Section 1.2 unless expressly stated.

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6. Fees, Taxes, and Audit

This Section applies where Company purchases directly from rConfig. Where Company purchases through an Authorised Partner, payment terms are as agreed between Company and that Authorised Partner, and Sections 6.1 to 6.5 do not apply, save that Section 6.4 continues to apply where rConfig has not been paid in respect of Company's entitlement.

6.1 Payments

Fees are due within thirty (30) days of the invoice date, in the currency stated on the invoice. All fees are non-cancellable and non-refundable unless otherwise expressly agreed in writing.

6.2 Taxes

All fees are exclusive of value added tax and of any other sales, use, excise, withholding, or similar tax or duty. Company is responsible for all such taxes and duties, other than taxes on rConfig's net income.

Where Company is required by law to withhold or deduct any amount from a payment, Company will increase the payment so that rConfig receives the full amount it would have received had no withholding or deduction been required, and will provide rConfig with evidence of the withholding or deduction on request.

6.3 Late Payment

Where an invoice is not paid by its due date, rConfig may charge interest on the overdue amount at the rate provided for under the European Communities (Late Payment in Commercial Transactions) Regulations 2012, as amended, accruing daily from the due date until payment in full, together with any compensation for recovery costs provided for under those Regulations.

Nothing in this Section limits rConfig's statutory entitlements in respect of late payment or its right to recover the reasonable costs of collection.

6.4 Suspension for Non-Payment

Where any undisputed amount remains unpaid more than fifteen (15) days after its due date, rConfig may, on giving Company not less than seven (7) days' written notice, suspend the provision of Support, the provision of Updates and Upgrades, access to rConfig's customer portal, and the issue or renewal of licence keys or activation credentials, until all overdue amounts are paid in full.

Suspension under this Section does not terminate the perpetual licence granted under Section 1.2, does not relieve Company of any payment obligation, and is without prejudice to rConfig's other rights and remedies, including its right to terminate under Section 5.2.

Where Company disputes an invoice in good faith, Company must notify rConfig in writing before the due date setting out the grounds of the dispute, and must pay all undisputed amounts when due.

6.5 No Set-Off

Company must pay all amounts due under this Agreement in full without set-off, counterclaim, deduction, or withholding, except as required by law or as expressly provided in this Agreement.

6.6 Audit and Deployment Verification

rConfig may, not more than once in any twelve (12) month period and on not less than thirty (30) days' written notice, request a system-generated deployment report, or an equivalent report prepared by Company, showing:

• the number of deployed instances of the Software;
• the number of managed devices, including peak counts over the preceding twelve (12) months where available; and
• version and edition information.

Company will retain records sufficient to produce such a report for a period of three (3) years.

Where the report shows non-compliant usage, including exceedance of the Device Limit or use outside the scope of the licence, Company must promptly purchase the required additional licences and pay any applicable back-fees and reinstatement charges. rConfig may also charge a reasonable out-of-compliance fee.

rConfig will conduct any audit in a manner that minimises disruption to Company's business, and will treat all information obtained in the course of an audit as Company Confidential Information under Section 7.

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7. Confidentiality

7.1 Obligation

Each party (as "Receiving Party") will keep confidential all Confidential Information of the other party (as "Disclosing Party"), will use it only for the purposes of this Agreement, and will not disclose it to any third party except as permitted by this Section.

7.2 Standard of Care

The Receiving Party will protect the Disclosing Party's Confidential Information using at least the degree of care it applies to its own confidential information of similar importance, and in any event no less than a reasonable degree of care.

7.3 Permitted Disclosures

The Receiving Party may disclose Confidential Information to its employees, officers, Affiliates, professional advisers, and, in Company's case, Managing Parties, in each case only to those who need to know it for the purposes of this Agreement and who are bound by confidentiality obligations no less protective than those in this Section. The Receiving Party remains liable for any breach of this Section by any such recipient.

7.4 Exclusions

The obligations in this Section do not apply to information that:

• is or becomes publicly available other than through a breach of this Agreement;
• was lawfully known to the Receiving Party without restriction before disclosure;
• is lawfully received from a third party without restriction and without breach of any obligation of confidence; or
• is independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information.

7.5 Compelled Disclosure

Where the Receiving Party is required by law, by a court, or by a regulator to disclose Confidential Information, it may do so, provided that, to the extent legally permitted, it gives the Disclosing Party prompt written notice and reasonable assistance in seeking to limit or resist the disclosure.

7.6 rConfig Confidential Information

Without limiting the definition of Confidential Information, each of the following is rConfig Confidential Information: the Software in all forms; the Documentation; non-public API references, schemas, and data models; the prompts, system prompts, prompt templates, tool and function definitions, agent instructions, model configurations, and orchestration logic used by any AI Feature; non-public architecture and design information; non-public roadmap information; pricing and commercial terms not publicly published by rConfig; support communications; and the output of any evaluation or proof of concept insofar as it contains quantitative performance, scale, capacity, accuracy, or security detail relating to the Software or to any AI Feature.

7.7 Duration, Return, and Remedies

The obligations in this Section apply during the term of this Agreement and for five (5) years afterwards, and indefinitely in respect of any Confidential Information that constitutes a trade secret.

On the Disclosing Party's written request, the Receiving Party will return or destroy the Disclosing Party's Confidential Information, subject to any retention required by law or arising from reasonable back-up practice.

The parties acknowledge that damages may be an inadequate remedy for breach of this Section, and that the Disclosing Party may seek injunctive or other equitable relief in addition to any other remedy.

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8. Intellectual Property Rights

8.1 Ownership

The Software, in both object code and source code form, the Documentation, and all Intellectual Property Rights in them are and remain the exclusive property of rConfig and its licensors, and are protected by copyright and other intellectual property laws.

rConfig also owns all Intellectual Property Rights in the prompts, system prompts, prompt templates, tool and function definitions, agent instructions, model configurations, and orchestration logic used by any AI Feature.

Company obtains no rights in the Software or Documentation other than the limited licence expressly granted by this Agreement. The Software and Documentation are rConfig Confidential Information.

8.2 No Transfer of Ownership

This Agreement is a licence and not a sale. No title to or ownership of the Software or Documentation transfers to Company.

8.3 Feedback

Where Company provides feedback, suggestions, defect reports, enhancement ideas, or vulnerability reports relating to the Software, rConfig may use them without restriction and without obligation to Company, and rConfig owns all Intellectual Property Rights in any resulting development. Nothing in this Section grants rConfig any right in Company's own Confidential Information, network data, or device configurations.

8.4 Open-Source Components

The Software may include or be distributed with third-party free or open-source software ("FOSS") components. Such components are licensed under their respective FOSS licences, and:

• Company's rights and obligations in respect of those components are governed solely by the applicable FOSS licence;
• nothing in this Agreement limits or overrides any right granted under those FOSS licences; and
• the applicable FOSS licence texts are included in or referenced by the Documentation.

For clarity, rConfig Professional Edition is itself commercial, closed-source software.

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9. Limited Warranty; Disclaimer; Limitation of Liability

9.1 Limited Warranty

For thirty (30) days from the date of Delivery (the "Warranty Period"), rConfig warrants that the Software will perform substantially in accordance with the Documentation.

Company's sole and exclusive remedy for breach of this warranty is, at rConfig's option, repair or replacement of the Software, or a refund of the fees paid for the Software where repair or replacement is, in rConfig's reasonable opinion, not commercially reasonable.

This warranty is conditional on Company giving rConfig written notice of the defect during the Warranty Period, with sufficient detail to allow rConfig to reproduce it.

For the purposes of this Section, "Delivery" occurs on the earlier of the date on which rConfig makes the Software available to Company for download and the date on which rConfig issues a licence key or activation credential to Company, regardless of when Company installs or begins using the Software.

9.2 Warranty Exclusions

The Limited Warranty does not apply where:

• the Software is not used in accordance with this Agreement or the Documentation;
• the Software or any of its dependencies has been modified by anyone other than rConfig;
• the defect arises from third-party hardware, software, services, or environments not supplied or controlled by rConfig;
• the defect relates to AI Output, to any AI Feature, or to any Model Provider, which are governed by Section 12;
• the defect arises from Company's failure to meet its obligations under Section 4.10; or
• the Software is Evaluation Software, Beta Software, or supplied at no charge.

9.3 Disclaimer

Except for the Limited Warranty in Section 9.1, the Software, the Documentation, AI Output, and Support are provided "AS IS". To the maximum extent permitted by law, rConfig disclaims all other warranties, conditions, and terms, whether express, implied, statutory, or otherwise, including any implied warranty or condition of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, system integration, accuracy, or uninterrupted or error-free operation, and including any term implied by the Sale of Goods and Supply of Services Act 1980 to the extent that its exclusion is permitted.

Company acknowledges that it is responsible for determining whether the Software is suitable for its purposes, and for maintaining such independent back-up, verification, and continuity arrangements as are appropriate to the criticality of the function for which it uses the Software.

9.4 High-Risk Systems

The Software is not designed or intended for use in High-Risk Systems. Company assumes all risk arising from any such use and will indemnify rConfig against all claims, losses, damages, liabilities, and costs arising from it.

9.5 Third-Party Products

rConfig is not responsible for the operation, availability, or accuracy of any third-party product or service, even where integrated with or used alongside the Software, including any Model Provider.

9.6 Limitation of Liability

To the maximum extent permitted by law:

• each party's total aggregate liability arising out of or in connection with this Agreement, whether in contract, tort including negligence, breach of statutory duty, or otherwise, is limited to the total fees paid or payable by Company to rConfig under this Agreement in the twelve (12) months preceding the first event giving rise to the claim; and
• neither party is liable for any indirect, incidental, consequential, special, punitive, or exemplary loss or damage, including loss of profit, loss of revenue, loss of anticipated savings, loss of goodwill, loss of or corruption of data, or business interruption, even if advised of the possibility of such loss.

Nothing in this Agreement limits or excludes liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation; or
• any other liability that cannot lawfully be limited or excluded.

9.7 Exceptions to the Limitation of Liability

The cap in Section 9.6 does not apply to Company's liability arising from:

• any obligation to pay fees, back-fees, out-of-compliance fees, audit charges, interest, or recovery costs under Section 3 or Section 6;
• any breach of Section 1.1, 2.4, 2.5, or 2.6, including use of the Software outside the licensed scope, use above the Device Limit, unauthorised managed service or multi-tenant use, unauthorised sale, rental, lease, sublicensing, or distribution, reverse engineering, extraction of prompts or models, use of AI Output to train a competing model, or use of the Software to develop a competing product or service;
• any breach of Section 12.6;
• any infringement or misappropriation of rConfig's Intellectual Property Rights;
• any breach of Section 7;
• Company's indemnification obligations under Section 9.4 or Section 10; or
• any breach of Section 14.

The exclusion of indirect and consequential loss in Section 9.6 continues to apply to all claims by either party.

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10. Indemnification

10.1 Indemnity by Company

Company will indemnify, defend, and hold harmless rConfig, its officers, employees, and Affiliates against all claims, losses, damages, liabilities, fines, penalties, and reasonable legal costs arising from or relating to:

• Company's use of the Software in breach of this Agreement or outside the licensed scope;
• use of the Software in a High-Risk System;
• any claim by an End User, Affiliate, Managing Party, or other third party relating to Company's use or operation of the Software;
• Company's implementation, deployment, or execution of any AI Output, including any AI Output applied without the review required by Section 12.2;
• Company's selection, configuration, or use of any Model Provider, including any breach by Company of that Model Provider's terms of service or acceptable use policy;
• Company's processing of Personal Data using the Software, including any failure to establish a lawful basis or to provide any required notice; or
• any breach by Company of Section 14.

10.2 Indemnity by rConfig

rConfig will defend Company against any third-party claim that the Software, as delivered by rConfig and used in accordance with this Agreement and the Documentation, infringes that third party's copyright, trade mark, or trade secret rights, and will pay damages finally awarded against Company by a court of competent jurisdiction, or agreed by rConfig in settlement, in respect of such a claim.

10.3 Exclusions from rConfig's Indemnity

rConfig has no obligation under Section 10.2 in respect of any claim arising from:

• any modification of the Software or its dependencies by anyone other than rConfig;
• combination or use of the Software with any hardware, software, data, or service not supplied or validated by rConfig, where the claim would not have arisen but for that combination;
• any AI Output, any Model Provider, or Company's use, implementation, or distribution of AI Output;
• use of the Software other than in accordance with this Agreement or the Documentation;
• use of a version of the Software that has reached End-of-Life, or continued use of a version after rConfig has made a non-infringing version available to Company;
• Evaluation Software, Beta Software, or Software supplied at no charge;
• any FOSS component, which is governed by its own licence; or
• Company's failure to comply with Section 10.4.

10.4 Indemnity Procedure

The indemnified party must give the indemnifying party prompt written notice of the claim, must give the indemnifying party sole control of the defence and settlement of the claim, must not make any admission or settlement without the indemnifying party's prior written consent, and must provide reasonable cooperation and information at the indemnifying party's expense. The indemnified party may participate in the defence at its own cost.

10.5 rConfig's Options and Sole Remedy

Where a claim under Section 10.2 arises or is reasonably likely to arise, rConfig may at its option:

• procure for Company the right to continue using the Software;
• modify or replace the Software so that it is non-infringing while materially preserving its functionality; or
• where neither of the above is commercially reasonable in rConfig's reasonable opinion, terminate the licence and refund a pro-rated portion of the fees paid for the Software, calculated on a five (5) year straight-line amortisation from the date of Delivery.

Section 10.2 and this Section state Company's sole and exclusive remedy in respect of any claim of intellectual property infringement relating to the Software. rConfig's total liability under Section 10.2 and this Section is subject to the cap in Section 9.6.

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11. Evaluation Software, Beta Software, and FOSS

Software identified as evaluation, trial, beta, preview, or supplied at no charge ("Evaluation Software" and "Beta Software" respectively) is provided "AS IS", without any warranty, indemnity, Support commitment, or response target, and may be withdrawn or disabled by rConfig at any time.

Company must not use Evaluation Software or Beta Software in a production environment or for any business-critical purpose, and rConfig has no liability of any kind in respect of such use.

FOSS components supplied with the Software remain subject to their respective open-source licences as set out in Section 8.4.

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12. Artificial Intelligence Features

12.1 Scope and Nature of AI Features

The Software may include AI Features, being functionality that uses artificial intelligence, machine learning, or a large language model to generate, suggest, summarise, classify, analyse, or automate content, including device configurations, configuration templates, command snippets, compliance rules, remediation steps, diff explanations, search results, summaries, recommendations, and automation workflows.

AI Features are provided as an aid to Company's own engineering judgement. They are assistive only, and they do not replace review, testing, change control, or approval by a suitably qualified person.

12.2 Company Responsibility for Reviewing AI Output

Company is solely responsible for reviewing, verifying, and validating all AI Output before it is relied upon, applied, executed, pushed, deployed, or otherwise acted upon.

Without limitation, before any AI Output is applied to any device or environment Company must:

• review the AI Output in full for accuracy, completeness, syntax, safety, and suitability for the target device, platform, firmware version, and environment;
• test the AI Output in a non-production environment where the change is capable of causing service disruption;
• apply Company's own change management, peer review, and approval processes; and
• satisfy itself that the AI Output complies with Company's own security policies, regulatory obligations, and internal standards.

Company must not configure or operate the Software so that AI Output is applied to any production device automatically and without human review, and rConfig has no liability arising from any such configuration.

Company acknowledges that AI Output may be inaccurate, incomplete, out of date, syntactically invalid, unsuitable for a particular device or platform, or capable of causing loss of connectivity, service disruption, configuration loss, or security exposure if applied without review.

12.3 No Warranty for AI Output

AI Output is provided "AS IS" and is expressly excluded from the Limited Warranty in Section 9.1.

rConfig gives no warranty, representation, or undertaking that AI Output will be accurate, complete, current, reliable, fit for any purpose, free from error, non-infringing, or consistent between requests.

Company acknowledges that AI Features are non-deterministic, and that the same or a similar input may produce different output on different occasions. AI Output is not Documentation, does not form part of the Documentation, and no AI Output constitutes advice, a recommendation, or a representation by rConfig.

12.4 Model Providers, Company Selection and Control

Where the Software allows Company to connect an AI Feature to a Model Provider, Company is solely responsible for selecting, contracting with, configuring, authenticating to, funding, and monitoring that Model Provider.

Company acknowledges and agrees that:

• rConfig does not host, operate, control, or supervise any Model Provider selected by Company, and no AI Output generated by such a Model Provider is generated, hosted, or controlled by rConfig;
• the Model Provider is a third party for the purposes of Sections 9.5 and 10.3, and rConfig has no liability of any kind for that Model Provider's availability, uptime, performance, latency, accuracy, output, security, pricing, terms, model changes, deprecations, or discontinuation;
• Company is responsible for entering into and complying with its own agreement with the Model Provider, including that provider's terms of service, acceptable use policy, data processing terms, and any restriction on the use of output; and
• rConfig is not a party to that agreement, receives no benefit under it, and gives no assurance as to its terms.

Where rConfig makes a particular Model Provider available as a default, suggested, or documented option, that does not constitute an endorsement, a recommendation, or an assumption of responsibility by rConfig, and this Section continues to apply.

12.5 Data Submitted to Model Providers

Company determines what data is submitted to a Model Provider through an AI Feature, including device configurations, hostnames, addressing, topology information, credentials where present in configuration text, and any Personal Data.

Company is solely responsible for:

• determining whether it is lawful and appropriate to submit that data to the Model Provider;
• establishing any required lawful basis, notice, or consent;
• redacting, masking, or excluding credentials, secrets, Personal Data, and other sensitive material before submission;
• assessing the Model Provider's data retention, training, sub-processing, and international transfer practices; and
• configuring the Software so that only data Company intends to submit is submitted.

Company acknowledges that once data is transmitted to a Model Provider it is outside rConfig's control, that rConfig cannot recall, delete, or restrict its further use, and that rConfig's role is limited to transmitting data as configured by Company.

rConfig does not use Company's configuration data, device data, or AI Feature inputs or outputs to train or fine-tune any model.

12.6 Prohibited Uses of AI Features

In addition to the restrictions in Section 2.6, Company must not:

• use any AI Feature, AI Output, prompt, or response to train, fine-tune, distil, benchmark against, or otherwise develop any machine learning model, or any product or service that competes with the Software;
• attempt to extract, reconstruct, or infer any prompt, system prompt, prompt template, tool or function definition, agent instruction, model configuration, or orchestration logic used by an AI Feature;
• systematically extract or harvest AI Output at scale, whether manually or by automated means;
• use an AI Feature in a manner that breaches the applicable Model Provider's terms of service or acceptable use policy;
• use an AI Feature, or apply AI Output, in connection with a High-Risk System; or
• represent AI Output to any third party as having been reviewed, verified, endorsed, or produced by rConfig.

12.7 Allocation of Risk for AI Features

To the maximum extent permitted by law, rConfig has no liability for any loss or damage arising from or relating to AI Output, any AI Feature, or any Model Provider, including loss arising from the application of AI Output to any device or environment, service disruption, configuration loss, non-compliance, or security exposure.

Company's obligations under Section 10.1 apply to any claim arising from Company's implementation or deployment of AI Output.

Nothing in this Section limits or excludes liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot lawfully be limited or excluded.

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13. Privacy and Data Processing

13.1 Privacy Policy and DPA

Any collection or processing of Personal Data in connection with the Software is governed by the rConfig Privacy Policy and, where applicable, the rConfig Data Processing Addendum, both available at www.rconfig.com and incorporated into this Agreement by reference.

13.2 On-Premises and Self-Hosted Deployments

For on-premises and self-hosted deployments of the Software:

• rConfig does not, by default, receive or access device configuration content, credentials, or end-user network traffic;
• Company is the controller in respect of all Personal Data it processes using the Software; and
• any remote access by rConfig, including for Support purposes, will be undertaken only with Company's prior approval and subject to the Privacy Policy and the Data Processing Addendum, and where rConfig accesses Personal Data in the course of such support it acts as a processor on Company's behalf.

Data submitted by Company to a Model Provider through an AI Feature is governed by Section 12.5 and is not transmitted to or processed by rConfig.

13.3 Company's Responsibilities

Company is responsible for:

• establishing and maintaining a lawful basis for its processing of Personal Data using the Software;
• providing any required notice to, and obtaining any required consent from, data subjects;
• ensuring that its configuration and operation of the Software complies with applicable data protection law; and
• exercising appropriate control over the credentials, configuration data, and access rights it stores in or grants through the Software.

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14. Compliance with Laws; Security

14.1 Export Control, Sanctions, and Anti-Corruption

Each party will comply with all applicable export control laws, including Regulation (EU) 2021/821, all applicable sanctions regimes, and all applicable anti-bribery and anti-corruption laws, including the Criminal Justice (Corruption Offences) Act 2018.

Company warrants that it is not, and is not owned or controlled by, a person subject to applicable sanctions, and that it will not export, re-export, or make the Software available in breach of any applicable export control or sanctions law.

14.2 Security Reporting and Coordinated Disclosure

Where Company discovers or reasonably suspects a security vulnerability in the Software, Company will report it to rConfig's security contact identified at www.rconfig.com without undue delay, with sufficient detail to allow rConfig to reproduce and assess the issue.

Company will not publicly disclose the vulnerability, publish a proof of concept, or disclose it to any third party other than its own personnel who need to know, for a period of ninety (90) days from the date of report or until rConfig has made a fix or mitigation generally available, whichever occurs first, unless a shorter period is agreed in writing or a longer or shorter period is required by law.

rConfig will acknowledge a report within five (5) business days, will keep Company reasonably informed of progress, and will not bring any claim against Company in respect of good-faith security research carried out on Company's own instance of the Software in accordance with this Section.

No entitlement arising from a report. The submission of a vulnerability report, security finding, or security research of any kind does not create, and will not be treated as creating, any entitlement to or obligation on rConfig to provide:

• any payment, bounty, reward, fee, expenses, or other consideration;
• any assignment, reservation, request, or publication of a CVE or other vulnerability identifier;
• any credit, attribution, acknowledgement, citation, reference, or inclusion in any advisory, release note, hall of fame, contributor list, or public statement;
• any publication or disclosure of the report or of rConfig's response to it;
• any commitment to remediate, to remediate within any particular period, or to classify the finding at any particular severity; or
• any employment, engagement, consultancy, contractor, or agency relationship with rConfig.

rConfig operates no bug bounty or paid vulnerability disclosure programme, and will not pay any invoice, fee, or demand for payment issued in respect of an unsolicited vulnerability report or security finding. Any material submitted to rConfig under this Section is treated as feedback under Section 8.3.

Nothing in this Section permits Company to test, scan, or attack rConfig's own systems or services, which remains subject to Section 4.8.

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15. General Provisions

15.1 Entire Agreement

This Agreement, together with the applicable order, invoice, or grant letter and any document expressly incorporated by reference, constitutes the entire agreement between the parties in relation to the Software and supersedes all prior agreements, proposals, quotations, statements, and understandings, whether written or oral, in relation to its subject matter.

Where the terms of an order, invoice, or grant letter conflict with this Agreement, this Agreement prevails except to the extent that the order, invoice, or grant letter expressly states that it varies a specified provision of this Agreement and is signed by an authorised representative of each party. Any purchase order terms, supplier portal terms, or similar terms put forward by Company are of no effect.

15.2 Non-Reliance

Company acknowledges and agrees that in entering into this Agreement it has not relied on, and will have no right or remedy in respect of, any statement, representation, assurance, warranty, promise, forecast, or undertaking that is not expressly set out in this Agreement.

This includes any statement made on rConfig's website, in any marketing or sales material, in any roadmap, changelog, or release note, in any blog post, webinar, mailing list, newsletter, or social media post, in any demonstration, evaluation, or proof of concept, in any AI Output, or in any oral discussion.

To the maximum extent permitted by law, rConfig excludes all liability for any negligent or innocent misrepresentation.

Nothing in this Section limits or excludes liability for fraudulent misrepresentation or fraudulent concealment, or any other liability that cannot lawfully be limited or excluded.

15.3 No Third-Party Rights

This Agreement is between rConfig and Company only. No End User, Affiliate, Managing Party, customer of Company, Model Provider, or other third party has any right to enforce any term of this Agreement or any right of action against rConfig arising from it.

15.4 Notices

Notices under this Agreement must be in writing and sent to the other party's registered address, or to the email address notified by that party for the purpose of receiving notices.

Notices to rConfig must be sent to OS Informatics Limited, 44 Longshore Drive, Jacobs Island, Cork, Ireland, and copied to J.W. O'Donovan LLP, 27 South Mall, Cork T12 R2RV, Ireland.

A notice is deemed received on delivery if delivered by hand, two (2) business days after posting if sent by recorded post within Ireland, five (5) business days after posting if sent internationally, and on the next business day if sent by email.

A notice of breach, suspension, or termination must not be given solely through the support ticketing system.

15.5 Assignment

Company may not assign, novate, charge, or otherwise transfer this Agreement or any right or obligation under it, in whole or in part, without rConfig's prior written consent, including in connection with a change of control, merger, or sale of substantially all of its assets. rConfig will not unreasonably withhold consent where the proposed transferee's use remains within the Product Entitlement and the transferee agrees in writing to be bound by this Agreement.

rConfig may assign or novate this Agreement to an Affiliate, or in connection with a merger, acquisition, or sale of all or substantially all of its assets, on written notice to Company.

15.6 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable or, if modification is not possible, severed, and the remaining provisions will continue in full force and effect.

15.7 No Waiver

No failure or delay by either party in exercising any right under this Agreement operates as a waiver of that right, and no single or partial exercise of a right precludes any further exercise of it. A waiver is effective only if given in writing and signed by the waiving party.

15.8 Force Majeure

Neither party is liable for any failure or delay in performing its obligations, other than an obligation to pay money, to the extent caused by an event beyond its reasonable control, including act of God, war, terrorism, civil unrest, epidemic or pandemic, industrial action, failure of a utility, telecommunications provider, or Model Provider, cyber attack on a third party, or act of government.

The affected party must notify the other party promptly and use reasonable efforts to mitigate the effect. Where the event continues for more than sixty (60) days, either party may terminate this Agreement on written notice.

15.9 Independent Contractors

The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, fiduciary, or employment relationship, and neither party may bind the other.

15.10 Survival

Sections 1.4, 1.5, 2.6, 5.2, 5.3, 6, 7, 8, 9, 10, 11, 12, 14, 15, and 16 survive termination or expiry of this Agreement.

15.11 Publicity

Neither party may use the other party's name, logo, or trade marks in any public statement, customer list, case study, press release, or marketing material without that party's prior written consent, which may be given or withheld at that party's discretion and may be withdrawn on thirty (30) days' written notice.

15.12 Amendment

This Agreement may be amended only by a written document signed by an authorised representative of each party, save that rConfig may update the Technical Support and Maintenance Terms and Conditions in accordance with Section 4.3, and may update the Documentation, Privacy Policy, Data Processing Addendum, and End-of-Life policy from time to time.

15.13 Governing Law and Jurisdiction

This Agreement, and any dispute or claim arising out of or in connection with it, including any non-contractual dispute or claim, is governed by the laws of the Republic of Ireland.

The parties submit to the exclusive jurisdiction of the courts of the Republic of Ireland, save that either party may apply to any court of competent jurisdiction for interim or injunctive relief to protect its Intellectual Property Rights or Confidential Information.

15.14 Counterparts and Electronic Acceptance

This Agreement may be accepted by electronic means, including by downloading, installing, or using the Software, and such acceptance is binding on Company.

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16. Definitions and Interpretation

16.1 Definitions

In this Agreement:

"Affiliate" means any entity that controls, is controlled by, or is under common control with a party, where control means the direct or indirect ownership of more than fifty per cent (50%) of the voting interests of that entity.

"AI Feature" means any functionality of the Software that uses artificial intelligence, machine learning, or a large language model to generate, suggest, summarise, classify, analyse, or automate content, as described in Section 12.1.

"AI Output" means any content, text, code, configuration, template, command, snippet, rule, summary, explanation, classification, recommendation, or other material generated by or through an AI Feature.

"Authorised Partner" means a reseller or distributor authorised in writing by rConfig to distribute the Software.

"Beta Software" means Software identified by rConfig as beta, preview, or pre-release.

"Confidential Information" means any non-public information disclosed by one party to the other, whether or not marked as confidential, that a reasonable person would understand to be confidential, and includes the information identified in Section 7.6.

"Delivery" has the meaning given in Section 9.1.

"Device Limit" has the meaning given in Section 3.1.

"Documentation" means the user guides, administration guides, installation guides, release notes, API references, and other technical documentation for the Software published by rConfig on the Documentation Website, in the version current at the relevant time, and excludes any marketing material, website content, blog post, roadmap, forward-looking statement, and AI Output.

"Documentation Website" means the rConfig documentation website at docs.rconfig.com, or such other location as rConfig may notify or publish from time to time.

"End-of-Life" means the date from which rConfig ceases to provide Updates, Upgrades, security patches, or Support for a given version or feature of the Software, as published in rConfig's End-of-Life policy.

"End User" means an individual authorised by Company to access or use the Software.

"Evaluation Software" means Software supplied by rConfig for evaluation or trial purposes, or at no charge.

"FOSS" has the meaning given in Section 8.4.

"High-Risk System" means any system or environment in which the failure or malfunction of the Software could reasonably be expected to result in death, personal injury, or severe physical or environmental damage, including nuclear facilities, life support and other medical systems, aircraft navigation or communication systems, air traffic control, weapons systems, and emergency services dispatch.

"Intellectual Property Rights" means all patents, rights to inventions, copyright and related rights, trade marks, trade names, goodwill, rights in designs, database rights, rights in confidential information and trade secrets, and all other intellectual property rights, in each case whether registered or unregistered, together with all applications for and renewals or extensions of such rights, in each case in any jurisdiction.

"Managing Party" means a third party engaged by Company to manage Company's IT infrastructure on Company's behalf.

"Model Provider" means any third-party provider of an artificial intelligence, machine learning, or large language model service, model endpoint, or inference API that Company selects, configures, or connects to an AI Feature, whether hosted by that third party, by Company, or by another party, and in each case not hosted or operated by rConfig.

"network device" has the meaning given in Section 3.1.

"Personal Data" has the meaning given in applicable data protection law, including Regulation (EU) 2016/679.

"Product Entitlement" means the scope of Company's permitted use of the Software, including maximum device or node count, edition, and any feature entitlement, as set out in the applicable order, invoice, or grant letter.

"Software" means rConfig Network Configuration Manager, Professional Edition, in object code form, together with any Update or Upgrade supplied to Company under this Agreement.

"Support" means technical support and maintenance services as defined in the Technical Support and Maintenance Terms and Conditions.

"Support Hours" has the meaning given in Section 4.2(a).

"Update" means a bug fix, patch, or minor improvement to the Software.

"Upgrade" means a new major version of the Software or a significant addition of features.

"Warranty Period" has the meaning given in Section 9.1.

16.2 Interpretation

In this Agreement:

• section headings are for convenience only and do not affect interpretation;
• "including", "includes", and "in particular" are to be read as if followed by "without limitation";
• "writing" and "written" include email but exclude any other form of electronic message;
• "business day" means a day other than a Saturday, Sunday, or public holiday in the Republic of Ireland;
• a reference to a statute or statutory provision is a reference to it as amended, extended, or re-enacted from time to time;
• the singular includes the plural and vice versa; and
• a reference to a Section is to a Section of this Agreement.

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END OF AGREEMENT