# END-USER LICENSE AGREEMENT (EULA)

**AIXWatch Software Products**
**Strava Ltd**

*Last updated: June 1, 2026*

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**IMPORTANT — READ CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE.**

This End-User License Agreement ("Agreement") is a legally binding contract between you ("Licensee", "you", or "your") — whether an individual or a legal entity — and **Strava Ltd**, a company incorporated under the laws of Cyprus, with its registered office at 11 Zinonos Sozou Street, 1st Floor, 1075 Nicosia, Cyprus ("Licensor", "we", "us", or "our").

By installing, copying, or otherwise using the Software, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree, do not install or use the Software.

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## 1. DEFINITIONS

**1.1 "Software"** means the AIXWatch software product **power-hmc-exporter** (Prometheus metrics exporter for the IBM Power Hardware Management Console — HMC), and any associated documentation, configuration files, Grafana dashboards, updates, patches, and supplementary materials provided by the Licensor.

**1.2 "Managed System"** means a single physical IBM Power server (a "frame", identified by its machine type-model and serial number) whose performance and capacity data the Software collects through one or more Hardware Management Consoles (HMC). The Software runs centrally and polls the HMC; it is licensed per Managed System, irrespective of the number of logical partitions hosted on that server or the number of hosts on which the Software is installed.

**1.3 "LPAR"** means a Logical Partition as defined by IBM Power Systems virtualization technology (PowerVM), including shared- and dedicated-processor partitions and the Virtual I/O Server (VIOS), regardless of guest operating system. **A licensed Managed System entitles you to monitor all LPARs hosted on that Managed System at no additional per-LPAR fee.**

**1.4 "License Key"** means any activation code or mechanism the Licensor may provide that enables or validates use of the Software.

**1.5 "Authorized Managed System"** means a specific IBM Power Managed System that the Software is licensed to monitor on your behalf, for which you have purchased a valid license. Licensing is counted per monitored Managed System, not per LPAR and not per host on which the Software is installed.

**1.6 "Maintenance Period"** means the period of twelve (12) months from the date of purchase during which updates, upgrades and support for the Software are included at no additional charge, as described in Section 6.

**1.7 "Trial Version"** means the evaluation version of the Software that operates for a limited period of thirty (30) days without requiring a License Key.

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## 2. LICENSE GRANT

**2.1 Grant.** Subject to the terms of this Agreement and payment of all applicable fees, the Licensor grants you a **perpetual, non-exclusive, non-transferable, non-sublicensable license** to install and run the Software in object code (binary) form only, on one or more host systems within your infrastructure, to monitor up to the number of Authorized Managed Systems for which you have purchased a valid license.

**2.2 Scope.** Each license entitles you to monitor one (1) Managed System, including all LPARs and VIOS hosted on it, through any number of HMCs and from any number of exporter hosts. If you wish to monitor additional Managed Systems, you must purchase additional licenses. There is no separate license fee for the host(s) on which the Software is installed, nor any per-LPAR fee.

**2.3 Perpetual License.** The license granted under Section 2.1 is **perpetual**: once purchased, your right to use the version(s) of the Software covered by your purchase does not expire and the Software will not cease to function at the end of the Maintenance Period. Continued access to new updates, upgrades and support after the Maintenance Period requires a Maintenance Renewal as described in Section 6.

**2.4 Trial License.** You may use the Trial Version free of charge for a period of thirty (30) days from the date of first installation. The Trial Version is fully functional during this period. Upon expiration of the trial period, you must either purchase a license or uninstall the Software.

**2.5 Internal Use Only.** The license is granted for your internal business operations only. You may not use the Software to provide services to third parties, including but not limited to managed services, hosting, or outsourcing, unless you have obtained a separate written agreement from the Licensor.

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## 3. RESTRICTIONS

You shall NOT:

**3.1** Copy, reproduce, or duplicate the Software except as reasonably necessary for backup and deployment within your own infrastructure;

**3.2** Modify, adapt, translate, alter, or create derivative works based on the Software;

**3.3** Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software, except to the extent expressly permitted by applicable law notwithstanding this limitation;

**3.4** Distribute, sublicense, lease, rent, sell, assign, or otherwise transfer the Software or any rights therein to any third party;

**3.5** Remove, alter, or obscure any proprietary notices, labels, trademarks, or copyright markings on the Software;

**3.6** Use the Software to monitor more Managed Systems than the number of licenses purchased;

**3.7** Use the Software to circumvent, disable, or interfere with any license management, activation, or verification mechanisms;

**3.8** Use the Trial Version beyond the thirty (30) day evaluation period without purchasing a license;

**3.9** Share, publish, or disclose any License Key to any third party;

**3.10** Use the Software for any purpose that violates applicable local, national, or international laws or regulations.

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## 4. INTELLECTUAL PROPERTY

**4.1 Ownership.** The Software is licensed, not sold. The Licensor retains all right, title, and interest in and to the Software, including all intellectual property rights, copyrights, trade secrets, trademarks, and patents. No title to or ownership of the Software or any intellectual property rights therein is transferred to you.

**4.2 Feedback.** If you provide suggestions, ideas, or feedback regarding the Software ("Feedback"), you grant the Licensor a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Software or any other product without obligation or compensation to you.

**4.3 Third-Party Components.** The Software incorporates third-party open-source libraries. Such components are subject to their respective licenses, which are listed in the `THIRD-PARTY-NOTICES` file included with the Software. Nothing in this Agreement limits your rights under, or grants you rights that supersede, any applicable open-source license.

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## 5. FEES AND PAYMENT

**5.1 License Fees.** You agree to pay the applicable license fees as published on the Licensor's website (https://aixwatch.com) or as specified in your purchase order. All fees are quoted in Euros (€) unless otherwise agreed.

**5.2 Per-Managed-System Pricing.** Fees are calculated on a per-Managed-System basis, counted across all Managed Systems monitored by the Software. Each monitored Managed System requires a separate paid license. There is no per-LPAR fee: a licensed Managed System covers all of its LPARs and VIOS.

**5.3 Payment Terms.** License fees are a one-time charge per Managed System, due upon purchase, and (except as provided in Section 8) non-refundable. The first twelve (12) months of updates and support are included in the purchase price (the Maintenance Period).

**5.4 Maintenance Renewal.** Continued updates, upgrades and support beyond the Maintenance Period are available through an optional annual Maintenance Renewal at the rate then published by the Licensor. Maintenance Renewal is **optional**: declining it does not affect your perpetual right to use the version(s) of the Software you have already licensed.

**5.5 Taxes.** All fees are exclusive of applicable taxes (including VAT). You are responsible for all taxes, duties, and levies imposed by any governmental authority in connection with your purchase, except for taxes based on the Licensor's net income.

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## 6. MAINTENANCE, UPDATES AND TERMINATION

**6.1 Maintenance Period.** For twelve (12) months from the date of purchase, you are entitled to all updates, upgrades and support the Licensor makes generally available for the Software, at no additional charge.

**6.2 After the Maintenance Period.** When the Maintenance Period ends, your license to use the Software remains in force perpetually. You may continue to use the last version made available to you during the Maintenance Period indefinitely. Access to subsequent updates, upgrades and support requires a Maintenance Renewal (Section 5.4). Maintenance does not auto-renew; it is renewed manually by placing a new order.

**6.3 Termination by Licensee.** You may terminate this Agreement at any time by uninstalling the Software and destroying all copies in your possession.

**6.4 Termination by Licensor.** The Licensor may terminate this Agreement immediately upon written notice if you breach any term of this Agreement and fail to cure such breach within fifteen (15) days of receiving notice.

**6.5 Effect of Termination.** Upon termination for breach:
- (a) All rights granted under this Agreement immediately cease;
- (b) You must uninstall the Software from all hosts and destroy all copies;
- (c) Sections 3, 4, 7, 9, 10, 11, and 12 survive termination.

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## 7. CONFIDENTIALITY

**7.1** The Software, its source code, algorithms, architecture, design, and any non-public technical information disclosed by the Licensor constitute confidential information ("Confidential Information").

**7.2** You agree to hold all Confidential Information in strict confidence and not to disclose it to any third party without the Licensor's prior written consent.

**7.3** This obligation does not apply to information that: (a) becomes publicly available through no fault of yours; (b) was rightfully known to you prior to disclosure; (c) is independently developed by you without use of the Confidential Information; or (d) is required to be disclosed by law or court order, provided you give prompt notice to the Licensor.

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## 8. REFUND POLICY

**8.1** If the Software does not perform materially as described in the documentation, you may request a full refund within thirty (30) days of purchase by contacting support@aixwatch.com.

**8.2** Refund requests must include: (a) your order number; (b) the Managed System(s) the Software was licensed to monitor; (c) a description of the issue encountered; and (d) evidence that reasonable troubleshooting was attempted.

**8.3** Upon approval of a refund, you must uninstall the Software from all hosts and destroy all copies. The Licensor reserves the right to deactivate any associated License Key upon issuing a refund.

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## 9. WARRANTY DISCLAIMER

**9.1** THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

**9.2** THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

**9.3** THE LICENSOR DOES NOT WARRANT COMPATIBILITY WITH ANY SPECIFIC HARDWARE CONFIGURATION, HMC version, or third-party software beyond what is stated in the documentation.

**9.4 Limited Performance Warranty.** Notwithstanding the above, the Licensor warrants that the Software will perform materially in accordance with the accompanying documentation for a period of thirty (30) days from the date of purchase ("Warranty Period"). Your sole remedy during the Warranty Period is set forth in Section 8.

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## 10. LIMITATION OF LIABILITY

**10.1** TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SOFTWARE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE), EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

**10.2** THE LICENSOR'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO THE LICENSOR DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

**10.3** THE LIMITATIONS IN THIS SECTION SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

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## 11. DATA AND PRIVACY

**11.1 No Data Collection.** The Software operates entirely within your infrastructure. It does not transmit, upload, or share any of your data, metrics, logs, or system information with the Licensor or any third party. The only outbound network traffic the Software generates is to the HMC(s) you configure it to poll.

**11.2 License Verification.** The Software may perform local license validation using mechanisms stored on the host system. No network-based license verification or "phone home" functionality is included.

**11.3 Privacy Policy.** For information about how the Licensor handles personal data collected through the website and purchasing process, please refer to our Privacy Policy at https://aixwatch.com/privacy-policy/.

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## 12. GENERAL PROVISIONS

**12.1 Governing Law.** This Agreement shall be governed by and construed in accordance with the laws of the Republic of Cyprus, without regard to its conflict of law principles.

**12.2 Dispute Resolution.** Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the courts of Nicosia, Cyprus. Before initiating legal proceedings, the parties agree to attempt in good faith to resolve the dispute through negotiation for a period of thirty (30) days.

**12.3 Entire Agreement.** This Agreement constitutes the entire agreement between you and the Licensor with respect to the Software and supersedes all prior or contemporaneous oral or written communications, proposals, and representations.

**12.4 Amendment.** The Licensor reserves the right to modify this Agreement at any time. Material changes will be communicated via the website or email. Continued use of the Software after such changes constitutes acceptance.

**12.5 Severability.** If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

**12.6 Waiver.** The failure of the Licensor to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

**12.7 Assignment.** You may not assign or transfer this Agreement or any rights hereunder without the prior written consent of the Licensor. The Licensor may assign this Agreement freely.

**12.8 Force Majeure.** Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, strikes, or government actions.

**12.9 Export Compliance.** You agree to comply with all applicable export control laws and regulations in connection with your use of the Software.

**12.10 Notices.** All notices under this Agreement shall be in writing and sent to:
- **Licensor:** legal@aixwatch.com
- **Licensee:** the email address provided at the time of purchase.

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## 13. CONTACT

For questions about this Agreement, licensing, or the Software:

- **Email:** legal@aixwatch.com
- **Support:** support@aixwatch.com
- **Website:** https://aixwatch.com

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**BY INSTALLING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.**

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*© 2025–2026 Strava Ltd. All rights reserved.*
*AIXWatch and power-hmc-exporter are trademarks of Strava Ltd.*
*IBM®, AIX®, Power Systems®, and PowerVM® are trademarks of IBM Corporation.*
*Prometheus® is a trademark of The Linux Foundation.*
*Grafana® is a trademark of Grafana Labs.*
