ON-PREMISES END USER LICENSE AGREEMENT
Last Updated: May 14, 2026
This On-Premises End User License Agreement (this “EULA“) supplements and is incorporated into the CurrentWare Master Terms of Service (the “Master TOS“) between CurrentWare Inc. (“CurrentWare“) and the customer identified on the applicable Order Form (“Customer“). Capitalized terms used but not defined in this EULA have the meanings given to them in the Master TOS.
1. SCOPE AND RELATIONSHIP TO THE MASTER TOS
1.1 Scope. This EULA governs solely the local installation, copying, and operation of CurrentWare’s on-premises software components (the Console and/or Endpoint Agents) on Customer-managed infrastructure under an On-Premises Deployment or Hybrid Deployment as specified on the applicable Order Form.
1.2 Matters Governed by the Master TOS. All other matters including hosted and cloud services, data processing and privacy, security, confidentiality, payment, support, warranties and disclaimers, limitation of liability, indemnification, governing law and dispute resolution, and all other commercial and legal terms are governed exclusively by the Master TOS and its Exhibits (including the Data Processing Addendum).
1.3 Subordination. In the event of any conflict or inconsistency between this EULA and the Master TOS, the Master TOS controls.
1.4 Cloud and Hybrid Deployments. For clarity, the installation and operation of Endpoint Agents in connection with the CurrentWare Cloud Console or Hybrid Deployment Model is expressly permitted and governed by the Master TOS, not this EULA.
2. LICENSE GRANT
2.1 On-Premises License. Subject to Customer’s compliance with the Master TOS and this EULA, CurrentWare grants Customer a non-exclusive, non-transferable, non-sublicensable license (perpetual or subscription, as specified on the Order Form) to:
(a) download and install one (1) copy of the on-premises software components (Console and/or Agents, as applicable) on Customer-managed infrastructure, for the number of Authorized Users or Endpoints set forth on the Order Form (calculated as the greater of the number of users or the number of computers being managed);
(b) use and operate the on-premises software as properly installed, solely for Customer’s internal business purposes and in accordance with the Documentation;
(c) make one (1) copy of the Documentation solely in support of Customer’s licensed use of the on-premises software; and
(d) transfer the on-premises software from one device to another, provided that the total number of managed Endpoints or Authorized Users does not at any time exceed the number permitted under the Order Form, and Customer notifies CurrentWare in writing of each such transfer.
2.2 Communication with Cloud Console. The on-premises software components licensed under this EULA may communicate with and transmit data to a CurrentWare-hosted Console where Customer has procured a CurrentWare Cloud or Hybrid Deployment. Such communication is governed by the Master TOS.
2.3 Reservation of Rights. All rights not expressly granted in this EULA are reserved by CurrentWare. No rights are granted by implication, estoppel, or otherwise.
3. USE RESTRICTIONS
3.1 Customer shall not, and shall require its Authorized Users not to, directly or indirectly:
(a) use or copy the on-premises software beyond the scope of the license granted under Section 2;
(b) provide any third party with access to or use of the on-premises software, except as expressly permitted by the Master TOS;
(c) modify, translate, adapt, or create derivative works of the on-premises software, except as expressly permitted in writing by CurrentWare or under Section 12.5 of the Master TOS;
(d) reverse engineer, disassemble, decompile, or otherwise attempt to derive source code from the on-premises software;
(e) remove, alter, or obscure any proprietary notices on the on-premises software or Documentation;
(f) rent, lease, lend, sell, sublicense, assign, distribute, publish, or transfer the on-premises software to any third party, whether or not on a hosted basis;
(g) use the on-premises software in any safety-critical environment or application, including power-generation systems, transport-management systems, life-support or medical systems, or military or aerospace applications; or
(h) use the on-premises software for benchmarking, competitive analysis, or to develop a competing product or service.
3.2 Additional Restrictions. The use restrictions set forth in Section 6 of the Master TOS (including the prohibited surveillance uses in Section 6.3) apply with equal force to the on-premises software.
4. RESPONSIBILITY FOR USE
Customer is responsible and liable for all uses of the on-premises software through access provided by Customer, directly or indirectly, including all actions and failures to act by its Authorized Users or any other person to whom Customer provides access, whether such access is authorized or unauthorized.
5. COMPLIANCE MEASURES
5.1 Copy Protection. The on-premises software may contain technological copy-protection or security features designed to prevent unauthorized use. Customer shall not remove, disable, bypass, or circumvent any such feature.
5.2 Audit. CurrentWare’s audit rights under Section 9.6 of the Master TOS extend to Customer’s installation and use of the on-premises software. During any audit, CurrentWare’s auditors will examine only information directly related to Customer’s use of the on-premises software and will not access Customer’s Confidential Information beyond what is strictly necessary.
5.3 Remedies for Non-Compliance. If an audit reveals that Customer’s use of the on-premises software exceeds the licensed scope, Customer shall within seven (7) days pay retroactive license fees for such excess use at CurrentWare’s then-current undiscounted list rates. Excess use shall be deemed to have commenced on the later of the effective date of the applicable Order Form or the date of CurrentWare’s most recent audit, unless Customer can demonstrate otherwise by documentary evidence. CurrentWare also retains the right to terminate this EULA and the license granted hereunder immediately upon written notice for material non-compliance.
6. INTELLECTUAL PROPERTY
6.1 Ownership. As between the parties, CurrentWare retains all right, title, and interest including all intellectual property rights in and to the on-premises software, the Documentation, and all derivatives, improvements, and modifications thereof. Customer does not acquire any ownership interest in the on-premises software under this EULA.
6.2 Protection. Customer shall safeguard the on-premises software from infringement, misappropriation, theft, misuse, or unauthorized access. Customer shall promptly notify CurrentWare if Customer becomes aware of any infringement of CurrentWare’s intellectual property rights in the on-premises software.
7. UPDATES
7.1 Availability. CurrentWare may make Updates available from time to time at its discretion. All Updates are deemed part of the on-premises software and subject to this EULA and the Master TOS.
7.2 Installation Responsibility. For On-Premises Deployments and Agents, Customer is responsible for installing Updates within a reasonable time after they are made available by CurrentWare.
7.3 New Versions. Updates do not include new versions or new releases that CurrentWare designates as separate or new products, which may require procurement of additional licenses.
8. TERM AND TERMINATION
8.1 Term. This EULA commences on the effective date of the applicable Order Form and remains in effect for the duration of the Subscription Term (for subscription-based on-premises licenses) or in perpetuity (for perpetual licenses), unless terminated earlier in accordance with the Master TOS or this EULA.
8.2 Termination. This EULA may be terminated in accordance with the termination provisions of the Master TOS (Section 10), which are incorporated herein by reference. CurrentWare may also terminate this EULA immediately upon written notice if Customer breaches Sections 3 or 5 of this EULA.
8.3 Effect of Termination Subscription Licenses. Upon expiration or termination of a subscription-based on-premises license, Customer’s rights under this EULA terminate. Customer shall immediately cease all use of the on-premises software and uninstall and destroy all copies in its possession or control.
8.4 Effect of Termination Perpetual Licenses. With respect to on-premises software components licensed on a perpetual basis, Customer’s right to continue using the locally installed software following expiration or termination of the Subscription Term survives, subject to the following conditions:
(a) the perpetual license is limited to the version of the on-premises software installed as of the date of termination;
(b) Customer has no entitlement to Updates, maintenance, or support following termination unless separately procured;
(c) Sections 3 (Use Restrictions), 4 (Responsibility for Use), 5 (Compliance Measures), 6 (Intellectual Property), and 9 (General) of this EULA survive and continue to apply; and
(d) CurrentWare’s obligations under the Master TOS with respect to hosted services, data processing, and support do not survive termination.
8.5 Certification. Upon termination of a subscription-based license, Customer shall, within thirty (30) days, certify in writing to CurrentWare that all copies of the on-premises software have been destroyed or returned.
9. GENERAL
9.1 Incorporated Master TOS Provisions. The following provisions of the Master TOS apply to this EULA as if set forth herein in full, and are incorporated by reference:
- Section 12 (Intellectual Property; Feedback; License-Back)
- Section 14 (Confidentiality)
- Section 17 (Security), to the extent applicable to on-premises components
- Section 18 (Warranties; Disclaimers)
- Section 19 (Indemnification)
- Section 20 (Limitation of Liability)
- Section 22 (Governing Law; Dispute Resolution)
- Section 23 (General Provisions), including entire agreement, amendments, assignment, force majeure, severability, and no third-party beneficiaries
9.2 No Implied Grant. Except for the limited license expressly granted under Section 2, nothing in this EULA grants, by implication, waiver, estoppel, or otherwise, any intellectual property right or other right, title, or interest in or to the on-premises software.
9.3 Entire Agreement. This EULA, together with the Master TOS and the applicable Order Form, constitutes the entire agreement between the parties with respect to the local installation, copying, and operation of on-premises software, and supersedes all prior agreements relating to such subject matter, including any prior version of this EULA or any prior End User License Agreement between the parties.
ANNEX 1 AUTHORIZED USER TERMS OF USE (ON-PREMISES SOFTWARE)
These Terms of Use (“Terms“) govern your use of the CurrentWare on-premises software (including BrowseReporter, BrowseControl, AccessPatrol, and enPowerManager) installed on devices managed by your employer or the organization that has licensed the software (“Customer“).
BY USING THE SOFTWARE, YOU REPRESENT THAT YOU ARE DULY AUTHORIZED BY THE CUSTOMER TO ACCESS AND USE THE SOFTWARE AND YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE.
1. License. Subject to your compliance with these Terms, CurrentWare grants you a non-exclusive, non-transferable, non-sublicensable license to use the on-premises software solely as installed on Customer-provided equipment and for Customer’s internal business purposes, in accordance with the Documentation. This license terminates immediately upon the earlier of: (a) termination of the agreement between CurrentWare and Customer; or (b) your ceasing to be authorized by Customer to use the software.
2. Restrictions. You shall not, directly or indirectly:
(a) copy, modify, translate, adapt, or create derivative works of the software;
(b) reverse engineer, disassemble, decompile, or otherwise attempt to derive source code from the software;
(c) remove, alter, or obscure any proprietary notices on the software;
(d) distribute, transfer, or provide access to the software to any third party;
(e) use the software in any safety-critical environment; or
(f) use the software for competitive analysis or to develop a competing product.
3. Copy Protection. The software may contain technological security features designed to prevent unauthorized use. You shall not attempt to remove, disable, or circumvent any such features.
4. Intellectual Property. You acknowledge that you do not acquire any ownership interest in the software. CurrentWare retains all right, title, and interest in and to the software and all intellectual property rights therein.
5. No Liability to You. IN NO EVENT WILL CURRENTWARE OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SOFTWARE. THE SOFTWARE IS PROVIDED UNDER THE AGREEMENT BETWEEN CURRENTWARE AND CUSTOMER, SOLELY FOR THE BENEFIT OF CUSTOMER. ANY LIABILITY CURRENTWARE MAY HAVE WITH RESPECT TO YOUR USE OF THE SOFTWARE IS SOLELY TO CUSTOMER UNDER THAT AGREEMENT AND SUBJECT TO ALL LIMITATIONS OF LIABILITY SET FORTH THEREIN.
6. Compliance Responsibility. CUSTOMER IS SOLELY RESPONSIBLE FOR DETERMINING WHETHER ITS USE OF THE SOFTWARE COMPLIES WITH APPLICABLE LAW. CURRENTWARE IS NOT LIABLE FOR ANY REGULATORY PENALTY, LEGAL ACTION, OR ORDER ARISING FROM CUSTOMER’S USE OF THE SOFTWARE.
7. Governing Law. These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
