## Rockfish NDR — Software License Terms & Conditions

**Effective Date:** June 2026
**Licensor:** Fidelis Farm & Technologies, LLC (DBA Fidelis Machines)
**Software:** Rockfish NDR (Network Detection and Response)

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### 1. License Grant

Fidelis Farm & Technologies, LLC (DBA Fidelis Machines) ("Licensor") grants you ("Licensee") a non-exclusive, non-transferable, revocable license to use the Rockfish NDR software ("Software") subject to the tier, limitations, and duration specified in your license file.

Each license is valid for **one (1) instance** — a single deployed sensor, appliance, or virtual machine running the Rockfish NDR software. A license is NOT a site license. Each instance of the Software running concurrently requires its own separate license, regardless of whether the instances are deployed at the same physical location or across multiple sites.

- **Basic:** Up to 10,000 events per minute, one instance.
- **Professional:** Up to 50,000 events per minute, one instance.
- **Enterprise:** Unlimited events per minute, one instance.
- **Trial:** Full Enterprise features for 45 days from date of purchase, one instance.

For deployments requiring multiple instances, a separate license must be purchased for each instance.

### 2. Restrictions

Licensee shall NOT:

(a) Copy, modify, adapt, translate, reverse engineer, decompile, or disassemble the Software;
(b) Sublicense, lease, rent, loan, distribute, or otherwise transfer the Software or license file to any third party;
(c) Remove, alter, or obscure any proprietary notices, labels, or marks on the Software;
(d) Use the Software to provide managed services, SaaS offerings, or bureau services to third parties without a separate OEM agreement;
(e) Circumvent, disable, or tamper with the license enforcement mechanisms, including but not limited to Ed25519 signature verification, tier-based feature gating, or event rate limiting;
(f) Use the Software in excess of the licensed tier capacity (events/minute);
(g) Use a single license file on more than one deployed instance simultaneously.

### 3. Ownership

The Software, including all intellectual property rights therein, remains the exclusive property of Fidelis Farm & Technologies, LLC (DBA Fidelis Machines). This agreement does not convey ownership of the Software; it grants only the limited usage rights described herein.

### 4. Term and Termination

(a) **Term:** The license is valid for the duration specified in the license file (typically 365 days or 45 days for trial).
(b) **Renewal:** Licenses may be renewed through the Rockfish Portal prior to expiration. Expired licenses revert to Basic tier functionality.
(c) **Termination for Breach:** Licensor may terminate this license immediately upon written notice if Licensee breaches any term of this agreement.
(d) **Effect of Termination:** Upon termination, Licensee shall cease all use of the Software and destroy all copies, including license files.

### 5. Data & Privacy

(a) The Software processes network traffic metadata locally on Licensee's infrastructure. No network traffic data is transmitted to Fidelis Farm & Technologies, LLC (DBA Fidelis Machines) or any third party.
(b) License validation requires an internet connection only at the time of license file download. The Software operates fully offline thereafter.
(c) The Software does not collect or transmit any telemetry, analytics, or usage data to Fidelis Farm & Technologies, LLC (DBA Fidelis Machines).

### 6. Support & Updates

(a) **Trial / Basic:** Community support only (GitHub Issues, documentation).
(b) **Professional:** Email support with 48-hour response SLA during business hours.
(c) **Enterprise:** Priority email support with 4-hour response SLA.
(d) Software updates and security patches are available for the duration of an active license.

### 7. Warranty Disclaimer

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. FIDELIS MACHINES DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VULNERABILITIES.

### 8. Limitation of Liability

IN NO EVENT SHALL FIDELIS MACHINES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE SOFTWARE, REGARDLESS OF THE THEORY OF LIABILITY.

FIDELIS MACHINES' TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY LICENSEE FOR THE SOFTWARE LICENSE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

### 9. Indemnification

Licensee shall indemnify and hold harmless Fidelis Farm & Technologies, LLC (DBA Fidelis Machines) from any claims, damages, or expenses (including reasonable attorney's fees) arising from Licensee's use of the Software in violation of this agreement or applicable law.

### 10. Export Compliance

Licensee shall comply with all applicable export control laws and regulations. The Software may not be exported or re-exported to any country, entity, or person prohibited by United States export controls.

### 11. Government Use

If Licensee is a U.S. Government entity, the Software is provided as "Commercial Computer Software" and "Commercial Computer Software Documentation" as defined in FAR 12.212 and DFARS 227.7202. Government use is subject to the terms of this agreement.

### 12. Governing Law

This agreement shall be governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising under this agreement shall be resolved in the state or federal courts located in Delaware.

### 13. Entire Agreement

This agreement constitutes the entire agreement between the parties regarding the Software and supersedes all prior agreements, understandings, and communications. Amendments must be in writing and signed by both parties.

### 14. Severability

If any provision of this agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

### 15. Contact

Email: legal@rockfishndr.com
Web: https://rockfishndr.com
