End-User License Agreement
Contents
- Parties & Acceptance
- License Grant
- License Tiers
- Machine Binding & Transfers
- Restrictions
- Updates
- Open-Source Components
- Data Handling
- Production Use & Change Management
- Term & Termination
- Warranty Disclaimer
- Limitation of Liability
- Export Controls
- U.S. Government Rights
- Governing Law
- Severability, Assignment & Entire Agreement
- Contact
1. Parties & Acceptance
This End-User License Agreement ("EULA") is a legal agreement between you (the individual or entity using the software) and A Holdings Company LLC, a Michigan limited liability company ("Licensor"). By installing, registering, activating, or using the ZoneRails desktop application or the ZoneRails Server (the "Software"), you agree to this EULA. If you do not agree, do not install or use the Software.
This EULA is in addition to, and incorporates, the Terms of Service and the Privacy Policy. In the event of conflict between this EULA and the Terms of Service regarding use of the Software, this EULA controls.
2. License Grant
Subject to your compliance with this EULA, Licensor grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software on the machine(s) — or, for ZoneRails Server, the server instance and up to the number of named user seats — covered by your license tier, for your own internal business or personal use. The Software is licensed, not sold.
3. License Tiers
- Standard tier. Free. Permits use of ZoneRails Server's Standard feature set, with no license key or registration. Does not include Pro features, such as propagation verification, rollback, Connectors, the Activity Log, and multiple zones or connections.
- Pro tier. A registration-required license to operate one self-hosted ZoneRails Server instance, bound to that server's fingerprint, with use by up to the licensed number of named user seats. A seat is consumed by each enabled user account on your server; seat limits are enforced when accounts are created or re-enabled, and disabling or deleting an account frees its seat. All Pro features are available to seated users. Currently provided free of charge; if fees are introduced, the terms presented at registration or renewal will control, with at least 30 days' advance notice.
- Enterprise tier. A server license with a higher or unlimited seat count, governed by a separate written agreement.
- Desktop application (discontinued). Existing installations of the ZoneRails desktop application remain licensed as before: its free tier permits use of the basic feature set on a single registered machine, bound by device fingerprint, and its Pro tier is a registration-required license that unlocks Pro features on the registered machine, currently provided free of charge.
Tier capabilities, machine limits, and seat limits in effect at the time of activation control. Licensor may add, change, or retire features in future versions, on prior notice for material reductions.
4. Machine Binding & Transfers
Each license is bound to the device(s) on which it has been activated, identified by a non-personal device fingerprint. A ZoneRails Server license is bound in the same way to the server instance it was activated on; its user seats are counted as enabled accounts on that server, not as devices, so seated users may sign in from any browser. If you replace a device or server, or wish to move the license, you must first deactivate the license on the original machine using the in-app deactivation flow, and then activate it on the new one. Repeated rapid migrations may temporarily prevent activation; contact Licensor to resolve.
Licenses are personal to the licensee and may not be sold, sublicensed, or transferred to a third party without Licensor's prior written consent.
5. Restrictions
You will not, and will not permit any third party to:
- copy, modify, translate, port, or create derivative works of the Software, except as expressly permitted by this EULA or applicable law;
- reverse-engineer, decompile, or disassemble the Software, except to the limited extent expressly permitted by law;
- remove, alter, or obscure any proprietary notices on the Software;
- distribute, publish, sell, sublicense, or lease the Software, or operate it as a managed or hosted service for third parties, without a separate written agreement;
- use the Software, or knowledge of its non-public functionality gained through reverse-engineering, to develop a competing product;
- circumvent or attempt to circumvent license validation, machine binding, feature gates, or technical access controls; or
- use the Software in violation of applicable law or to manage systems you are not authorised to operate.
6. Updates
The Software may notify you of available updates and download them in the background, but will not install updates while a deploy operation is in progress. By using the Software you consent to receiving updates, which may include security fixes, bug fixes, and feature changes. This EULA covers all updates unless an update is accompanied by a separate license agreement, in which case that agreement controls for the updated version.
7. Open-Source Components
The Software incorporates open-source components — including but not limited to Node.js and other libraries (and, in the discontinued desktop application, Electron) — each governed by its own license. A list of open-source notices is included with the application. Nothing in this EULA modifies the rights granted to you under those open-source licenses.
8. Data Handling
Licensor does not collect, transmit, or store the DNS records, API tokens, AD credentials, or zone data you process through the Software. Those remain on your device and on the systems of the providers you connect to.
License-validation telemetry currently consists of the license key, a machine fingerprint, hostname, and platform string; a ZoneRails Server's heartbeat additionally reports the count of enabled user accounts (a number only, used to enforce seat limits — never usernames or other account details). Any additional categories of data collected by the Software will be disclosed in the Privacy Policy. Because Licensor does not process Your Content, no Data Processing Agreement is required for use of the Software. If your organisation requires one, contact Licensor at the address in Section 17.
9. Production Use & Change Management
The Software is designed to deploy real DNS changes against the providers you connect to it, including in production environments. You acknowledge that DNS changes can cause service outages, email delivery failures, certificate validation failures, and other significant business impact, and that misconfigured or mistimed changes may be difficult to reverse before propagation completes.
You are solely responsible for: (a) verifying that you are authorised to operate on the zones and credentials you connect to the Software; (b) testing changes in a non-production environment where appropriate; (c) ensuring you have an appropriate change window and rollback plan before deploying to production; (d) maintaining your own backups of zone state; and (e) verifying changes after deployment. The planning, diff, and verification features in the Software are intended to assist your change-management practices, not to replace them.
10. Term & Termination
This EULA takes effect when you accept it and continues until terminated. It will terminate automatically if you breach a material term, or if your registration is revoked under the Terms of Service. On termination, you must stop using the Software and may not retain any copies. Sections 5 (Restrictions), 7 (Open-Source), 9 (Production Use & Change Management), 11 (Disclaimer), 12 (Liability), 13 (Export Controls), 15 (Governing Law), and 16 (Severability & Entire Agreement) survive termination.
11. Warranty Disclaimer
THE SOFTWARE, INCLUDING ALL UPDATES, DOCUMENTATION, AND EVERY PLANNING, VALIDATION, GUARDRAIL, VERIFICATION, DRIFT-DETECTION, PROTECTION, AND ROLLBACK FEATURE, IS LICENSED, NOT SOLD, AND IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SUPPLIERS (COLLECTIVELY, THE "LICENSOR PARTIES") DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, RELIABILITY, SECURITY, OR UNINTERRUPTED OR ERROR-FREE OPERATION.
No assurance of performance or results. The Licensor Parties do not warrant, represent, or assure that the Software will meet your requirements; will operate without interruption or error; will detect, prevent, warn of, or reverse any misconfiguration, conflict, drift, or harmful change to any DNS record, load balancer, pool, monitor, tunnel, zone, or other resource; will correctly verify propagation or health; will remain compatible with any third-party provider, API, operating system, or network; or is free of viruses or other harmful components. Descriptions of features in documentation, release notes, or marketing materials are informational only and create no warranty. The entire risk as to the quality, performance, and results of the Software rests with you.
Assumption of risk. You acknowledge that DNS, load balancing, and network configuration are critical infrastructure; that the Software makes changes against live systems operated by third parties; and that such changes can cause service outages, email delivery failures, certificate validation failures, traffic misrouting, data exposure, or other loss that may be difficult or impossible to reverse. You use the Software entirely at your own risk and retain sole responsibility for every change you plan, approve, override, execute, or roll back through it, and for its outcome. No advice or information obtained from the Licensor Parties creates any warranty not expressly stated in this EULA.
Non-excludable rights. To the extent a warranty cannot lawfully be excluded, it is limited in duration to thirty (30) days from your first installation of the Software, and your sole remedy for its breach is as stated in Section 12.
12. Limitation of Liability
Exclusion of damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE LICENSOR PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, CONTRACTS, GOODWILL, ANTICIPATED SAVINGS, DATA, OR USE; ANY COST OF SUBSTITUTE GOODS OR SERVICES; ANY SERVICE INTERRUPTION, DOWNTIME, OR LOSS OF AVAILABILITY OF ANY WEBSITE, APPLICATION, EMAIL, CERTIFICATE, OR NETWORK; ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR RECORDS OR DATA; OR ANY DAMAGES ARISING FROM THE ACTS OR OMISSIONS OF ANY THIRD-PARTY PROVIDER, IN EACH CASE ARISING OUT OF OR RELATING TO THE SOFTWARE OR THIS EULA, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF A LICENSOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Cap on liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF THE LICENSOR PARTIES, TAKEN TOGETHER, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SOFTWARE OR THIS EULA WILL NOT EXCEED THE GREATER OF (A) THE LICENSE FEES YOU ACTUALLY PAID TO LICENSOR FOR THE SOFTWARE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100). WHERE THE SOFTWARE IS LICENSED WITHOUT CHARGE, THE LICENSOR PARTIES' TOTAL LIABILITY WILL NOT EXCEED USD $100. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
Sole and exclusive remedy. Your sole and exclusive remedy for any defect in or dissatisfaction with the Software is to stop using it and uninstall it, and, where you have paid license fees for a current term, to receive a pro-rated refund of prepaid fees for the unexpired portion of that term.
Release. To the maximum extent permitted by applicable law, you release and forever discharge the Licensor Parties from any and all claims, demands, losses, and liabilities of every kind, known or unknown, arising out of or relating to any change made to any DNS, load balancing, tunnel, or network resource through the Software, or to any outage, loss, or damage resulting from such a change, whether or not the change was planned, validated, verified, or rolled back using features of the Software.
Basis of the bargain. You acknowledge that the disclaimers in Section 11 and the exclusions and limitations in this Section 12 are fundamental elements of the basis of the bargain between you and Licensor; that Licensor would not license the Software, or would not do so on these terms or at this price, without them; and that they apply even if any limited remedy fails of its essential purpose.
Non-excludable liability. Nothing in this EULA excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, or, where required by law, gross negligence or willful misconduct. In such cases the exclusions and limitations above apply to the fullest extent the law allows.
13. Export Controls
The Software may be subject to U.S. export-control laws and the export laws of other jurisdictions. You agree not to export, re-export, transfer, or use the Software in violation of any such laws, including to any person or entity on a U.S. government denied-party list, or to any country subject to U.S. embargo.
14. U.S. Government Rights
The Software is "commercial computer software" as that term is defined in 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202, as applicable. Any use, modification, reproduction, release, performance, display, or disclosure of the Software by the U.S. Government, or any contractor or subcontractor on its behalf, is subject solely to the terms of this EULA.
15. Governing Law
Governing law. This EULA, and any dispute or claim arising out of or relating to it or to the Software (including non-contractual claims), is governed by the laws of the State of Michigan, without giving effect to any choice-of-law or conflict-of-laws rule that would apply the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Jurisdiction and venue. Any action arising out of or relating to this EULA shall be brought exclusively in the state courts of the State of Michigan or the United States District Court for the district of Michigan in which Licensor maintains its principal place of business. You irrevocably consent to the personal jurisdiction of, and venue in, those courts and waive any objection based on inconvenient forum. Either party may seek temporary, preliminary, or permanent injunctive relief in any court of competent jurisdiction to protect its intellectual-property rights or confidential information.
Jury trial waiver. To the extent permitted by law, each party knowingly and voluntarily waives any right to a trial by jury in any action arising out of or relating to this EULA.
Limitation period. Except for claims to protect intellectual-property rights or to collect unpaid fees, any claim arising out of or relating to this EULA must be brought within one (1) year after the claim accrues, or it is barred.
Attorneys' fees. In any action to enforce this EULA, the prevailing party is entitled to recover its reasonable attorneys' fees and costs in addition to any other relief awarded.
16. Severability, Assignment & Entire Agreement
If any provision of this EULA is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be replaced with an enforceable provision that most closely reflects the parties' intent.
You may not assign this EULA, whether by operation of law or otherwise, without Licensor's prior written consent. Licensor may assign this EULA in connection with a merger, acquisition, reorganisation, or sale of substantially all of its assets. Subject to the foregoing, this EULA binds and benefits the parties' permitted successors and assigns.
This EULA, together with the Terms of Service and Privacy Policy, is the entire agreement between you and Licensor regarding the Software, and supersedes any prior agreement on that subject.
17. Contact
Questions about this EULA may be sent to:
A Holdings Company LLC
Email: [email protected]