DCPacket Software Terms of Use

These Software Terms of Use (“Terms”) govern your use of DCPacket software, applications, cloud-hosted or SaaS services, and related documentation (collectively, the “Software”). “DCPacket” means DCPacket, Inc. and its affiliates. “You” or “your” means the individual, company, organization, or entity licensed to use the Software.

Your use of the Software or any written or electronic acceptance constitutes agreement to these Terms on behalf of yourself and your entity. These Terms may be updated by DCPacket at any time. The date of the most recent update appears at the top or bottom of this page. Continued use after an update, or failure to provide written objection to legal@dcpacket.com (or such other address as designated) within 10 days of the update (describing the objectionable changes and reasons), constitutes acceptance. If you timely object, DCPacket may apply the changes differently to you or terminate your license.

Software License DCPacket grants you a limited, non-exclusive, non-transferable (except as expressly permitted), non-sublicensable license to use the Software solely:

• for its intended purpose in connection with DCPacket products or services you have purchased or subscribed to (each, a “Product”),
• for your internal business purposes, and
• in compliance with these Terms.

Hosted/SaaS Software is licensed only for the subscription period specified in writing (or terminable by DCPacket at any time if none specified). Free Software may be terminated at any time. DCPacket may terminate your license without notice upon sale of DCPacket or its assets/business, or if a competitor acquires control of you or your business/assets. License terminates automatically upon breach of these Terms, any related Product agreement (“Product Agreement”), insolvency, dissolution, or similar events. Upon termination, immediately cease use, delete all copies, destroy documentation, and (upon request) certify compliance. Surviving provisions include ownership, disclaimers, liability limits, and miscellaneous.

If a Product Agreement exists, Software use must comply with it. These Terms and Product Agreements are cumulative; in conflicts, the provision more favorable to DCPacket prevails. Any buyer-provided terms (purchase orders, etc.) are superseded by these Terms and Product Agreements.

The license extends to your employees and authorized representatives; you remain jointly and severally responsible for their compliance. No other access or use is permitted. The accepting individual warrants authority to bind you.

Third-Party Terms Software may include third-party code subject to separate licenses (e.g., open-source). Hosted Software may be subject to third-party hosting provider terms. You must comply with all such terms provided or linked by DCPacket (e.g., at dcpacket.com/legal/open-source or via oss@dcpacket.com).

Log-In Credentials Do not share credentials. You are responsible for confidentiality and all activities under your account. Notify DCPacket immediately of unauthorized use or security breaches.

Linking and Third-Party Sites No unauthorized linking, framing, or mirroring of hosted Software sites without prior written consent. DCPacket may revoke consent anytime. Links to third-party sites are provided for convenience; DCPacket disclaims responsibility or liability for them.

User Content If Software allows postings shareable with others, you assign all rights, title, and interest in such content to DCPacket. It may be used, reproduced, or distributed without attribution, compensation, or confidentiality obligations.

Ownership and Proprietary Rights DCPacket owns all right, title, and interest in the Software, its content, improvements, and related IP worldwide (including any based on your feedback or suggestions). Software and related materials are confidential; you must protect them from unauthorized disclosure. Content (excluding your input data) is proprietary to DCPacket or licensors; limited use only as expressly permitted.

Trademarks, copyrights, and notices must remain intact. No rights to use DCPacket marks without consent. In case of infringement claim, DCPacket may (at its option) procure rights, replace/modify, or terminate/suspend license (no refund obligation).

Data Collection and Access DCPacket may monitor, collect, use, anonymize/aggregate, publish, or sell usage data for compliance, improvement, or business purposes; it owns such data. Remote updates may be installed without notice; you must apply them promptly. No obligation to provide copies of your input/generated data upon termination—export and backup are your responsibility.

Prohibited Uses You may not:

• reverse engineer, decompile, modify, create derivatives, or attempt to access source code;
• introduce viruses, malware, or bypass security;
• use for residential, military, nuclear, unlawful, export-prohibited, or non-intended purposes;
• post unlawful, infringing, defamatory, obscene, or commercial solicitation content;
• use beyond internal business or in violation of laws/export controls.

DCPacket may monitor and remove content but disclaims liability for user postings.

Disclaimers and Liability Limitations SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED), INCLUDING MERCHANTABILITY, FITNESS, NONINFRINGEMENT, OR TITLE.

DCPACKET DISCLAIMS LIABILITY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, DATA, BUSINESS), EVEN IF ADVISED OF POSSIBILITY.

MAXIMUM AGGREGATE LIABILITY IS LIMITED TO AMOUNTS PAID FOR THE SOFTWARE LICENSE IN THE 12 MONTHS BEFORE THE CLAIM (OR $100 IF UNENFORCEABLE). No liability for viruses, interruptions, third-party issues, misuse, improper combinations, force majeure, or failure to install updates.

You are responsible for network access (e.g., VPN), security, and backups. No mandatory support, updates, or training unless separately agreed.

Miscellaneous Non-assignable by you without consent; DCPacket may assign freely. Governed by the laws of Texas (without conflicts principles). Exclusive jurisdiction/venue in state/federal courts of Collin County, Texas. No jury trial. Claims must be brought within 1 year. Severability; cumulative remedies; no third-party beneficiaries.

Last updated: February 2026

For questions, contact legal@dcpacket.com. These Terms provide strong protection for DCPacket while permitting licensed commercial use tied to Products. Consult with external counsel before posting if needed for final tweaks (e.g., governing law preferences, specific Product references).