END USER LICENSE AGREEMENT

IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THE HERD SDK.

This End User License Agreement is a legal agreement between you (either an individual or a single entity) ("LICENSEE") and Monitoro ("LICENSOR") for the Herd SDK software product, which includes computer software and associated media and documentation (collectively, the "SDK").

By installing, copying, or otherwise using the SDK, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the SDK.

1. GRANT OF LICENSE
   Subject to the terms of this Agreement, LICENSOR grants LICENSEE a limited, worldwide, non-exclusive, non-transferable, non-sublicensable license to use the SDK solely to develop, test, and deploy applications that interact with LICENSOR's services.

2. SCOPE OF LICENSE
   This Agreement only grants LICENSEE rights to use the compiled binary code of the SDK. No rights are granted to the source code of the SDK. LICENSEE may not modify, enhance, reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the SDK.

3. RESTRICTIONS
   LICENSEE shall not:
   a) Distribute, sublicense, lease, rent, loan, or otherwise make available the SDK to any third party
   b) Create derivative works based on the SDK
   c) Copy the SDK except as expressly permitted for backup purposes
   d) Remove, minimize, block, or modify any notices of LICENSOR in the SDK
   e) Use the SDK in any way that violates applicable law
   f) Use the SDK for any purpose other than developing applications that interact with LICENSOR's services

4. OWNERSHIP
   The SDK is licensed, not sold. LICENSOR retains all right, title, and interest in and to the SDK, including all intellectual property rights. LICENSEE acknowledges that they are obtaining only a limited license right to use the SDK.

5. SUPPORT AND UPDATES
   This Agreement does not entitle LICENSEE to any support, maintenance, or updates for the SDK. Such services may be purchased separately.

6. TERM AND TERMINATION
   This Agreement is effective until terminated. LICENSOR may terminate this Agreement immediately if LICENSEE breaches any of its terms. Upon termination, LICENSEE must cease all use of the SDK and destroy all copies.

7. DISCLAIMER OF WARRANTIES
   THE SDK IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

8. LIMITATION OF LIABILITY
   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SDK.

9. EXPORT REGULATIONS
   LICENSEE agrees to comply with all applicable export and re-export restrictions and regulations.

10. GOVERNING LAW
    This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which LICENSOR operates, without giving effect to any principles of conflicts of law.

11. ENTIRE AGREEMENT
    This Agreement constitutes the entire agreement between the parties with respect to the use of the SDK and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties.

For any questions concerning this Agreement, please contact legal@herd.garden 