Download and Installation Acceptance

Before downloading, installing, activating, or using NetEngineX Monitor, you must be presented with these Terms and must accept them. If you do not accept these Terms, you must not download, install, activate, access, or use the Software.

Downloading the Software, clicking an acceptance checkbox, completing activation, or continuing to use the Software confirms your acceptance to the extent permitted by applicable law.

License Grant

Subject to payment of the applicable fees and continued compliance with these Terms, NetEngineX grants you a limited, personal, non-exclusive, non-transferable, revocable license to use the Software solely for your internal network monitoring, diagnostics, and performance analysis purposes.

The Software is licensed, not sold. No ownership interest in the Software, source code, algorithms, models, databases, documentation, trademarks, or related intellectual property is transferred to you.

Licensing, Activation, and Machine Binding

The Software is bound to the purchase email address and machine identity used during activation. The purchase email must be accurate and must match the email associated with the issued license record.

You may not share, resell, transfer, or use a license key on another machine unless NetEngineX expressly authorizes a transfer or your subscribed plan permits it.

The Software may perform heartbeat, revalidation, and license lease checks to confirm that the subscription remains active, that the activation date and license terms are valid, and that the machine remains entitled to the purchased features.

If the Software cannot reach the licensing service for an extended period, paid features may be limited, suspended, or restored only after successful revalidation.

Subscription Plans, Payments, and Taxes

Plans, feature limits, retention periods, prices, and billing cycles are presented in the Software or on the NetEngineX checkout pages. You are responsible for reviewing the selected plan before purchase.

Payments may be processed by third-party payment providers, checkout services, or store platforms acting on behalf of NetEngineX. You are responsible for all applicable taxes, bank fees, currency conversion fees, and payment-provider charges.

A purchase is not considered fully activated until the payment is confirmed, the license service issues or validates the license key, and the Software successfully activates or revalidates the license for the machine.

Software Use and Customer Responsibilities

You are responsible for installing, configuring, operating, and securing the Software in accordance with the installation guide and any published NetEngineX documentation.

On company-managed machines, you are responsible for confirming that corporate endpoint protection, antivirus, EDR, firewall, proxy, DNS, privilege, and software restriction policies permit the Software, its local services, monitoring probes, database runtime, and license validation workflow to operate correctly.

You are responsible for ensuring that the monitored targets, network interfaces, credentials, ports, and protocols are authorized for testing and that your use of the Software complies with applicable laws, policies, and third-party rights.

Monitoring Accuracy and Resource Dependency

The Software is an observability and diagnostic tool. Monitoring output, alerts, latency values, jitter values, packet-loss data, MTR/traceroute results, service-monitor results, AI summaries, and recommendations are informational and may not reflect the complete state of any network or service.

Accuracy and timeliness depend on customer-controlled conditions, including CPU capacity, RAM availability, disk I/O, operating-system scheduling, power-saving behavior, virtual-machine behavior, network-interface drivers, packet capture permissions, DNS behavior, firewall rules, rate limits, security software, local routing, internet congestion, and monitored target behavior.

High destination counts, frequent probes, large history windows, scheduled MTR, service monitoring, AI analysis, and large exports can increase CPU, RAM, disk, and network usage. You are responsible for sizing the machine and adjusting monitoring frequency, retention, and schedules for your environment.

The Software does not replace professional network engineering judgment, incident response, security review, or independent validation. Operational decisions made based on the Software are made at your own risk.

Data, Retention, and Export

The Software stores monitoring data, configuration data, activation data, and operational records locally or through the managed local archive database used by the installed package. Data retention depends on the purchased plan and application configuration.

Retention limits may automatically remove historical data that exceeds the purchased plan period. You are responsible for exporting or backing up data before retention limits, deletion actions, device loss, uninstall, corruption, or system failure remove it.

Large exports can be resource intensive and may take time. For best results, temporarily reduce or pause monitoring activity before exporting very large tables or long history windows.

AI and Analytics Features

AI, anomaly, risk, path, and service-analysis features are decision-support tools. They may rank events, summarize patterns, identify likely causes, or recommend review areas, but they do not guarantee fault detection, root-cause certainty, security assurance, or service continuity.

AI outputs depend on the quality, completeness, timing, and retention of collected monitoring data. Missing samples, local machine load, restricted protocols, endpoint blocking, database connectivity, or changed configuration can affect the conclusions.

Restrictions and Prohibited Conduct

You must not copy, modify, adapt, translate, reverse engineer, decompile, disassemble, attempt to derive source code from, or create derivative works of the Software except to the extent such restriction is prohibited by mandatory applicable law.

You must not remove proprietary notices, bypass activation or license controls, tamper with machine identity checks, manipulate license time validation, disable security controls, resell license keys, or use the Software to perform unauthorized scanning, testing, or monitoring.

Any breach of these restrictions may result in immediate suspension or termination of your license and may subject you to claims for damages, injunctive relief, and other remedies available by law.

Intellectual Property

All right, title, and interest in and to the Software and related materials remain exclusively with NetEngineX or its licensors. The Software is protected by copyright, trade secret, trademark, and other intellectual-property laws.

Feedback, suggestions, or improvement ideas you provide may be used by NetEngineX without restriction or obligation unless a separate written agreement states otherwise.

Support, Updates, and Third-Party Services

Support availability, response targets, update eligibility, and maintenance scope depend on the purchased plan and may change over time.

The Software may use or interact with third-party components, operating-system services, payment services, email systems, DNS services, network utilities, and database runtimes. NetEngineX is not responsible for outages, vulnerabilities, policy restrictions, or failures caused by third-party systems outside its control.

Updates may add, modify, or remove functionality, improve performance, update security behavior, change license enforcement, or adjust supported platforms. Continued use after an update constitutes acceptance of the updated Software behavior.

Data and Privacy

TThe Software may process limited technical, licensing, and operational data, including purchase email address, machine or device identifiers, license status, activation records, heartbeat status, diagnostic logs, crash reports, and usage metrics, where reasonably necessary to validate licenses, operate and secure the Software, prevent misuse or abuse, provide support, and improve the product.

You are responsible for ensuring that your monitoring of selected destinations, services, networks, IP addresses, hostnames, routes, service responses, logs, and exported monitoring data is lawful and authorized. You are also responsible for protecting any exported or collected monitoring data that may be confidential, sensitive, regulated, or otherwise restricted within your organization.

NetEngineX does not sell personal data.Any personal data processed through billing, activation, fulfillment, licensing, support, telemetry, or related operational flows will be handled in accordance with applicable privacy and data protection laws, including, where applicable, the GDPR, UK GDPR, CCPA/CPRA, and other applicable laws and regulations.

Refunds and Cancellations

Refund eligibility is subject to the purchase channel, plan terms, activation status, and applicable law. Digital licenses that have been issued, activated, or used may be non-refundable except where a mandatory legal right applies.

Cancelling a subscription may prevent future renewals but does not guarantee a refund for the current billing period unless the purchase terms or applicable law require one.

Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Software and related services are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, statutory, or otherwise.

NetEngineX disclaims all warranties of merchantability, fitness for a particular purpose, accuracy, reliability, uninterrupted operation, non-infringement, data availability, and error-free performance except where such disclaimer is not permitted by law.

Limitation of Liability

To the maximum extent permitted by applicable law, NetEngineX shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of data, data leakage, business interruption, downtime, security events, or cost of substitute services.

NetEngineX shall not be liable for monitoring inaccuracies, missed alerts, false positives, false negatives, network outages, customer configuration errors, insufficient hardware resources, endpoint protection interference, third-party service failures, or unauthorized customer use.

Where liability cannot be excluded by law, NetEngineX liability shall be limited to the minimum amount permitted by applicable law or the amount paid for the affected license during the relevant subscription period, whichever is lower where legally permissible.

Indemnity

You agree to defend, indemnify, and hold NetEngineX harmless from claims, damages, liabilities, penalties, costs, and expenses arising from your unauthorized use of the Software, breach of these Terms, violation of applicable law, monitoring of systems without permission, or misuse of exported data.

Termination

NetEngineX may suspend or terminate your license immediately if you breach these Terms, misuse the Software, attempt to bypass licensing controls, fail to pay required fees, or use the Software in a way that creates legal, security, or operational risk.

Upon termination, you must stop using the Software, remove unauthorized copies, and cease using any license keys or activation tokens. Sections that by their nature should survive termination will remain in effect.

Governing Law and Dispute Resolution

These Terms, and any dispute, claim, lawsuit, or proceeding arising out of or relating to the Software, licensing, purchase, activation, use, suspension, termination, or these Terms, shall be governed by and interpreted in accordance with the laws of England and Wales, without regard to conflict-of-laws principles.

Subject to any mandatory non-waivable rights that may apply, the courts of England and Wales shall have exclusive jurisdiction and venue over any lawsuit, claim, dispute, or proceeding arising out of or relating to these Terms or the Software. Each party consents to the personal jurisdiction of those courts.

Before initiating formal proceedings, the parties shall first attempt to resolve any dispute through good-faith written notice and reasonable efforts to reach an amicable resolution.

Nothing in these Terms limits either party’s right to seek urgent injunctive, protective, or equitable relief where permitted by applicable law.

Changes to These Terms

NetEngineX may update these Terms from time to time. If we make material changes, we will provide notice by posting an in-app notice, sending an email, or using another reasonable method.

Continued use of the Software after updated Terms are made available will constitute acceptance of the updated Terms, to the extent permitted by applicable law. If you do not agree to the updated Terms, you must stop using the Software.

Severability and Entire Agreement

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect.

These Terms, together with any plan-specific terms, privacy terms, purchase records, and license-specific notices, constitute the entire agreement between you and NetEngineX regarding the Software and supersede prior or contemporaneous understandings about the Software.