Software License Agreement

The agreement

This Software License Agreement ("Agreement") is a binding legal agreement between you ("Customer", "you", "your") and 5000fish, Inc. ("5000fish", "we", "us", "our"), a Nevada corporation, governing your installation and use of the DashboardFox self-hosted software ("Software").

By installing the Software, clicking "I Agree" during the installation process, downloading a trial, or otherwise using the Software, you agree to this Agreement. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

If you do not agree to this Agreement, do not install or use the Software.

The version of this Agreement that was current at the time you installed the Software governs your use of that installation. The version number and date are displayed in the installer and at the top of this page.

Definitions

• Software — the DashboardFox self-hosted business intelligence platform, in object code form, including all components, bundled open source libraries, documentation, and installer files provided to you by 5000fish.
• Named User License — a license seat allocated to a single identified individual who may access the Software in any role. Named User Licenses are counted per user, not per concurrent session.
• Concurrent Session License — a license seat shared among a pool of users who access the Software at different times. At any given moment, one Concurrent Session License permits exactly one active logged-in session.
• Public View Document License — a license that authorizes unauthenticated access to a specific published report or dashboard without a login requirement.
• Production Environment — a live deployment of the Software used by end users for business operations.
• Development/Test Environment — a non-production deployment of the Software used solely for development, testing, or evaluation purposes, not accessible to end users in a production capacity.
• Order Document — the quote, purchase order, invoice, or payment receipt issued in connection with a license purchase, which specifies the license types, quantities, and entitlements applicable to that purchase.
• Upgrade Plan — the optional annual subscription that entitles Customer to install new versions of the Software released during the active plan period.
• Priority Support Plan — the optional annual subscription that entitles Customer to direct access to 5000fish's support team with defined response time commitments.
• Community Support — free, permanent access to 5000fish's public knowledge base and community forum, available to all licensees regardless of plan status.
• Fee Schedule — the current schedule of fees for Upgrade Plan and Priority Support Plan renewals, published at the customer portal and incorporated by reference into this Agreement.
• License Code — the unique code issued by 5000fish that activates and governs the features and capacity of a Software installation.
• Activation Date — the date on which Customer activates the Software with a valid License Code following purchase.
• Customer Data — data, reports, configurations, and other content created or managed within the Software by Customer or its users. Customer Data resides entirely on Customer's infrastructure and is not transmitted to 5000fish except as described in Section 11.
• End-of-Life (EOL) — the date after which 5000fish will no longer issue any releases, patches, or hotfixes for a specific version of the Software.

License grant

Subject to your compliance with this Agreement and payment of the applicable license fees, 5000fish grants you a perpetual, non-exclusive, non-transferable, non-sublicensable license to:

• Install and use the Software on infrastructure you own, operate, or control;
• Use the Software for your internal business operations or, where explicitly permitted under Section 13, for deploying reporting environments for your clients;
• Make a reasonable number of copies of the Software solely for backup and archival purposes;
• Use one Production Environment and one Development/Test Environment under a single license purchase.

All rights not expressly granted in this Agreement are reserved by 5000fish.

License types

The license types available under this Agreement are described below. The specific types, quantities, and entitlements applicable to your purchase are specified in your Order Document, which governs in the event of any conflict with this Agreement regarding quantities or included items.

Named User Licenses

Named User Licenses are the standard license type. Each Named User License authorizes one identified individual to access the Software in any role — including report creation, administration, and view-only access. Named User Licenses are personal to the designated user and may not be shared. A Named User License may be reassigned to a different individual if the original user permanently stops using the Software.

Concurrent Session Licenses

Concurrent Session Licenses are available as an alternative to Named User Licenses for organizations whose usage patterns make concurrent access more practical than named seat allocation. One Concurrent Session License permits one active logged-in session at any given time; the pool of users who may occupy those sessions is unlimited. Contact team@dashboardfox.com to discuss Concurrent Session pricing and availability.

Public View Document Licenses

Public View Document Licenses permit unauthenticated access to specific published reports or dashboards without a login requirement. The number of Public View Document Licenses included with or available to a given purchase is as specified in the applicable Order Document. The number of simultaneous unauthenticated viewers accessing a licensed Public View Document is not limited.

Development/Test Environment

Each license purchase includes one Development/Test Environment at no additional cost. The Development/Test Environment operates under the same License Code as the production installation and is subject to the same license capacity limits. It must not be used in a production capacity or made accessible to end users for live business operations.

Permitted deployments

The Software may be installed and operated on infrastructure you own, lease, or control, including:

• Physical servers running Windows Server or Linux
• Virtual machines (VMware, Hyper-V, KVM, and similar)
• Docker containers and container orchestration environments (Kubernetes, Docker Compose, and similar)
• Private cloud environments (AWS VPC, Azure private deployment, Google Cloud private deployment, and similar) where the infrastructure is dedicated to your organization

The Software may not be deployed on shared public cloud infrastructure in a way that makes it accessible to third parties as a hosted service, except as explicitly permitted under Section 13.

You are responsible for ensuring your deployment infrastructure meets the system requirements published at dashboardfox.com/self-hosted/.

Trial license

One installation of the Software may be used free of charge for a trial period of fourteen (14) days (the "Trial Period"). A trial installation is initiated by downloading the Software and completing registration with a valid business email address. If you require an extended evaluation period, contact team@dashboardfox.com — extensions are available at our discretion.

The Trial License is granted on a non-exclusive, non-transferable basis for internal evaluation only. Trial installations include Community Support only — they do not include Priority Support, upgrade entitlements, or any service level commitments.

The Software is provided during the Trial Period on an "as is" basis. 5000fish disclaims all liability for Software provided under a Trial License to the maximum extent permitted by applicable law.

You agree not to circumvent the functionality that causes the Software to expire at the end of the Trial Period.

Purchase & activation

Ordering and payment

DashboardFox licenses may be purchased via the checkout page at dashboardfox.com/pricing or by contacting the 5000fish sales team at team@dashboardfox.com. All fees are stated in US dollars and are exclusive of applicable taxes. Payment may be made by credit card, ACH, or bank transfer. International payments must be made by credit card or bank transfer.

Activation

Upon receipt of full payment, 5000fish will issue a License Code to the email address provided at purchase. You must activate the Software by entering the License Code during or after installation. The License Code is linked to your registration and is required for support access and future reinstallation.

License management

Customer account, license management, support ticket submission, and upgrade downloads are accessible via the customer portal. Contact team@dashboardfox.com if you need to reinstall on different hardware, rekey a server, or transfer a license to a new installation — the previous installation will be deactivated before a transfer is permitted.

Adding licenses

Additional Named User Licenses, Concurrent Session Licenses, or Public View Document Licenses may be added to an existing installation at any time by purchasing the applicable increment. Added licenses do not reset or extend the Upgrade Plan or Priority Support Plan expiration date of the existing installation — renewal dates remain as previously established.

Upgrade plan

What the Upgrade Plan includes

Every license purchase includes one year of the Upgrade Plan from the Activation Date at no additional cost. An active Upgrade Plan entitles you to download and install any new version of the Software — including major releases, maintenance releases, and hotfix packs — released during the active plan period. Upgrade files are available via the customer portal.

Renewal

After the first year, the Upgrade Plan may be renewed annually. Renewal fees are as published in the current Fee Schedule at the customer portal at the time of renewal. Multi-year renewals purchased in advance are available at a discount as described in the Fee Schedule. Renewal pricing is based on the fees in effect at the time of renewal unless a multi-year rate was locked in at time of original purchase.

What happens when the Upgrade Plan expires

If you do not renew the Upgrade Plan, your license becomes version-locked to the most recent version released before your plan expiration date. You retain a perpetual right to use that version. You may not install versions of the Software released after your plan expiration date. This is a contractual restriction — you agree not to apply upgrades to which you are not entitled regardless of any technical limitations that may or may not be present in the Software.

5000fish reserves the right to implement technical enforcement of version restrictions consistent with the terms of this Agreement. Such enforcement, if introduced, reflects obligations you have already accepted and does not constitute a change to your license rights.

Grace period and reinstatement

If your Upgrade Plan expires and you do not renew within sixty (60) days of expiration, reinstatement requires payment of 150% of the renewal fee calculated from the original expiration date. Alternatively, you may purchase a new license, which includes one year of the Upgrade Plan from the new Activation Date.

Critical hotfixes

5000fish may, at its sole discretion, issue critical hotfixes to version-locked customers where a defect materially impairs the basic operation of the Software — for example, where a change in an external standard (such as TLS protocol requirements) would otherwise cause the Software to stop functioning. This is not a commitment to provide ongoing maintenance to version-locked installations. Whether any given issue qualifies as a critical hotfix is determined solely by 5000fish.

Support plan

Community Support — always included, always free

All licensees have permanent, free access to Community Support regardless of Upgrade Plan or Priority Support Plan status. Community Support includes access to the DashboardFox knowledge base, documentation, and community forum at support.dashboardfox.com. Community Support has no guaranteed response time. Violations of the community forum code of conduct may result in suspension of posting privileges.

Priority Support — included year one, optional thereafter

Every license purchase includes one year of Priority Support from the Activation Date at no additional cost. Priority Support provides:

• Direct access to the 5000fish support team via the customer portal
• Response time commitments as defined below
• Remote screen-share support for troubleshooting
• Up to five (5) designated technical contacts per contract

Priority Support may be renewed annually as described in the Fee Schedule. Priority Support renewal requires an active Upgrade Plan — 5000fish does not provide Priority Support for version-locked installations.

Priority Support response time commitments

Support hours are weekdays 8am–6pm US Eastern Time, excluding US public holidays. Response targets apply to tickets received during support hours. A "response" means an acknowledgment from a team member — not necessarily a full resolution. Response targets are goals, not guarantees. Resolution timelines depend on the nature and complexity of the issue.

What support covers and does not cover

Priority Support covers troubleshooting unexpected Software behavior, guidance on standard product features, bug reproduction and escalation, and general usage questions. It does not cover custom development, custom code review, third-party integrations, or work that requires a professional services engagement. If a support request requires professional services, 5000fish will advise you and discuss a separate engagement. Multi-vendor coordination requires active support plans with both 5000fish and the relevant third-party vendor.

Who 5000fish supports — and who it does not

5000fish provides support exclusively to the registered license holder and their designated technical contacts — the individuals responsible for managing the Software installation. This is true regardless of how the Software is deployed or who ultimately uses it.

End users have free, permanent access to the following self-service resources regardless of the license holder's support plan status:

• Knowledge base and documentation at help.dashboardfox.com
• Community forum at support.dashboardfox.com
• Video tutorials and webinars on the DashboardFox YouTube channel

If an end user contacts 5000fish directly, 5000fish will direct them to these self-service resources and to the license administrator for their specific deployment. 5000fish will not act on requests from end users, will not modify account configurations on their behalf, and will not provide direct technical assistance specific to their deployment without authorization from the registered license holder.

License holders who deploy DashboardFox for clients or end users are responsible for providing first-line support to those individuals and serving as the primary escalation contact to 5000fish.

Professional services

Implementation, configuration, custom report building, and staff augmentation are available as separately priced professional services. Contact team@dashboardfox.com to discuss requirements.

Version lock & end-of-life policy

Version lock

As described in Section 7, a license without an active Upgrade Plan is version-locked. A version-locked license is a fully valid perpetual license — the Software will continue to operate indefinitely on the licensed version. Version-locked installations continue to receive Community Support.

End-of-Life

By default, versions of the Software that are more than twenty-four (24) months old from their initial release date are considered End-of-Life. End-of-Life versions receive no further releases of any kind, including maintenance releases, hotfixes, or security patches, except at 5000fish's sole discretion as described in Section 7.

5000fish will provide a minimum of twelve (12) months' written notice before declaring any actively-supported version End-of-Life. Notice will be delivered by email to the registered license holder and posted on the DashboardFox website.

End-of-Life status does not affect the validity of your perpetual license. You retain the right to continue running an EOL version. 5000fish accepts no responsibility for security vulnerabilities or operational issues arising from continued use of an EOL version.

License sync & phone-home

Default behavior — online license sync

By default, the Software periodically connects to 5000fish's license management service to validate and synchronize your license. This connection transmits only:

• Your License Code and associated license parameters
• The Software version installed
• Anonymous, non-personally-identifiable aggregate usage statistics (feature usage counts and performance metrics — no Customer Data, no user identities, no business data of any kind)

If the license management service cannot be reached for five (5) consecutive days, the Software enters a grace period of fifteen (15) days during which it continues to operate normally. If license issues are not resolved by the end of the grace period, temporary licenses (including active Upgrade Plan and Priority Support Plan entitlements) will cease functioning. Perpetual licenses continue to operate.

Air-gapped / offline mode

The Software may be operated in air-gapped or offline mode in environments where outbound network access is restricted or disabled. In offline mode, license synchronization is performed manually: you download a license synchronization file from the customer portal and apply it to the Software. The same grace period rules apply. All the same license terms and version restrictions apply in offline mode.

Contact team@dashboardfox.com for the specific endpoint address and offline mode configuration instructions.

No Customer Data is ever transmitted to 5000fish as part of license synchronization in either online or offline mode.

Refunds

5000fish offers a full refund on any license purchase within thirty (30) days of the Activation Date. To request a refund within this window, contact team@dashboardfox.com from the email address associated with your purchase. Upon refund, your License Code will be deactivated and you must uninstall the Software.

After thirty days, all license fees are non-refundable. Upgrade Plan and Priority Support Plan renewal fees are non-refundable once the renewal period has begun.

Permitted & prohibited uses

What you may do

Specifically, you may:

• Install and operate the Software on infrastructure you own, lease, or control — including your client's infrastructure where you manage it on their behalf
• White-label the Software interface under your own brand or your client's brand
• Deploy the Software for client organizations and charge for that deployment and ongoing management
• Allow your clients' employees and users to access the Software as end users
• Bundle DashboardFox as a reporting component within a broader product or service you offer
• Transfer ownership of a configured installation to a client

Prohibited uses

You may not:

• Compete. Use the Software to build a product or service that competes with DashboardFox or any other 5000fish product. This is the one restriction that applies regardless of all other permitted uses — white-label, client deployment, and resale of your own services are all fine; building a competing BI platform on top of DashboardFox is not.
• Resell the license itself. Offer standalone access to DashboardFox as a hosted or SaaS service to third parties under your own brand as if it were an independently operated platform you developed. You may charge for services built around DashboardFox; you may not resell the underlying Software license itself as a product.
• Misrepresent the platform. Represent the underlying DashboardFox platform as software you independently developed. You may white-label fully and are not required to disclose that DashboardFox powers your solution — but you may not affirmatively claim to have built the BI engine yourself.
• Install more users than your licensed tier permits without purchasing additional licenses
• Apply Software upgrades to which you are not entitled under your Upgrade Plan
• Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of the Software
• Modify, adapt, translate, or create derivative works based on the Software
• Remove, suppress, or alter any license enforcement mechanisms in the Software
• Export the Software in violation of applicable US export control laws and regulations
• Circumvent or attempt to circumvent the Software's license validation or version enforcement mechanisms
• Use the Software in any environment or application where failure could result in death, personal injury, or severe physical or environmental harm (including nuclear, aviation, life support, or weapons systems)

Attempting to bypass or circumvent the Software's version enforcement or license validation mechanisms will void your perpetual license.

White-label, OEM & client deployment

As described in Section 13, white-label and client deployment rights are included in your standard license. This section provides additional context.

What is included in your standard license

Your license includes the right to deploy DashboardFox under any brand, configure it for client use, charge for services built around it, and have end users interact with it as part of your product or service — all without a separate agreement. The Software is designed to support these use cases. The branding system, white-label configuration, and multi-client deployment architecture are features, not exceptions that require special permission.

End user license responsibility

When you deploy DashboardFox for clients or end users, you are responsible for ensuring those users are subject to appropriate terms of use governing their access to the Software. Those terms must be no less protective of 5000fish's intellectual property than this Agreement. You do not need to expose this Agreement to your end users — your own terms of service or client agreement can cover this — but the substance of the restrictions (particularly the non-compete restriction and prohibition on reverse engineering) must flow through.

The one firm restriction — no competing products

The non-compete restriction in Section 13 applies fully to all white-label and OEM deployments. You may use DashboardFox to deliver reporting and analytics to any number of clients, in any industry, under any brand. You may not use it as the foundation for building a business intelligence platform that competes with DashboardFox or any other 5000fish product. This restriction applies regardless of how the Software is branded or deployed.

Custom commercial arrangements

If your use case involves large-scale commercial distribution, volume licensing across many client organizations, or specific contractual requirements your legal team needs to negotiate, contact us at team@dashboardfox.com to discuss custom commercial terms.

Customer obligations

Equipment and environment

You are responsible for ensuring that your deployment infrastructure meets 5000fish's published system requirements and that your environment is properly configured for the Software to operate as intended.

Security

You are responsible for all activity under your license, including maintaining the security and confidentiality of your License Codes, activation credentials, and user accounts. Notify 5000fish immediately at team@dashboardfox.com if you become aware of any unauthorized use of your license or credentials.

Backups

You are solely responsible for maintaining adequate backups of your Customer Data, Software configuration, and any customizations. 5000fish has no access to your Customer Data and no ability to recover it on your behalf.

Software updates

You are responsible for checking for available updates via the customer portal and downloading and applying them. Updates are not pushed automatically — installation is always a manual action by you.

Customer reference

5000fish may identify Customer as a licensee on its website and in marketing materials. Customer may opt out of this at any time by notifying 5000fish at team@dashboardfox.com.

Confidentiality

Each party may receive non-public information from the other in connection with this Agreement — including pricing, technical details, product roadmap information, and support content ("Confidential Information"). Each party agrees to hold the other's Confidential Information in confidence using at least the same degree of care it uses for its own confidential information (and no less than reasonable care), to use it only as necessary to perform its obligations under this Agreement, and not to disclose it to third parties without prior written consent. These obligations survive termination of this Agreement for a period of three (3) years.

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party without restriction; (c) is independently developed by the receiving party without use of the disclosing party's information; or (d) is required to be disclosed by law or court order, provided the receiving party gives prompt written notice to the disclosing party where legally permissible.

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent an actual or threatened breach of this section where monetary damages would be an inadequate remedy.

Regulatory compliance

DashboardFox is a general-purpose business intelligence tool. You are solely responsible for ensuring your deployment and use of the Software complies with all applicable laws and regulations governing your industry and jurisdiction, including but not limited to HIPAA, SOX, FedRAMP, GDPR, and sector-specific data security requirements.

Because Customer Data resides entirely on your infrastructure and is not transmitted to 5000fish (except for the anonymous telemetry described in Section 11), 5000fish is not a data processor or business associate for the purposes of your regulatory obligations. You control your data. You are responsible for securing it, restricting access to it, and meeting your own compliance requirements with respect to it.

If your organization operates in a regulated environment that requires vendor documentation, security questionnaires, or compliance evidence, contact team@dashboardfox.com and we will assist where reasonably possible.

Intellectual property

5000fish's property

The Software, including its source code, object code, design, documentation, trademarks, and all content created by 5000fish, is owned by 5000fish, Inc. and protected by intellectual property laws worldwide. This Agreement grants you a license to use the Software as described — it does not transfer any ownership rights. The DashboardFox name, logo, and associated marks may not be used without 5000fish's prior written consent.

Your property

You retain full ownership of all Customer Data, report definitions, configurations, and work product you create using the Software. Nothing in this Agreement transfers ownership of your data or work product to 5000fish.

Open source components

The Software may include open source software components that are subject to their own license terms. Those components are licensed to you under their respective open source licenses, which are included with the Software distribution. 5000fish's proprietary rights in the Software are separate from and unaffected by those open source licenses.

IP warranty and indemnity

5000fish warrants that it has sufficient rights in the Software to grant the licenses in this Agreement. 5000fish will defend, indemnify, and hold you harmless from third-party claims that the Software infringes any patent, copyright, or trade secret, provided that: (a) you give 5000fish prompt written notice of the claim; (b) you give 5000fish sole control of the defense and settlement; and (c) you provide reasonable assistance at 5000fish's expense. This indemnity does not apply to claims arising from your modification of the Software, combination with third-party software where infringement would not have occurred without the combination, or use outside the scope of this Agreement.

Feedback

If you provide feedback, suggestions, or ideas about the Software, you grant 5000fish a perpetual, irrevocable, royalty-free license to use that feedback without restriction or compensation to you.

Third-party components

The Software incorporates certain third-party software components, including both commercially licensed components and open-source components. A complete list of these components, their versions, copyright holders, and applicable license terms is provided in the THIRD_PARTY_NOTICES.txt file included in your installation directory.

Your rights to use the Software do not include any rights to use third-party components beyond what is necessary to operate the Software as delivered. Commercial components bundled with the Software are licensed specifically for use within DashboardFox and may not be extracted or used independently. Open-source components are subject to their respective licenses as identified in THIRD_PARTY_NOTICES.txt.

5000fish makes no representations or warranties regarding third-party components beyond those expressly stated in this Agreement.

Privacy & data

Because DashboardFox is self-hosted, your Customer Data resides entirely on your infrastructure. 5000fish does not have access to your business data, your users' data, or anything your organization stores or reports on within the Software.

5000fish does collect and process limited personal data in connection with your account, including registration information, billing data, support communications, and the anonymous license sync telemetry described in Section 11. That collection is governed by the DashboardFox Self-Hosted Privacy Notice.

5000fish reserves the right to update its privacy practices from time to time in accordance with applicable law. Material changes will be communicated by email to the registered license holder.

Export controls

The Software is subject to United States export control laws and regulations. You agree to comply with all applicable domestic and international export and import laws. You represent that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, and that you are not on any US government restricted-party list. You will not export, re-export, or transfer the Software to any prohibited destination or person without obtaining required government authorizations.

Warranties & disclaimers

Limited warranty

5000fish warrants that for thirty (30) days from the Activation Date, the Software will perform in material conformance with its published documentation under normal use conditions. If the Software does not perform as warranted during this period and you notify 5000fish in writing, 5000fish will use reasonable efforts to correct the non-conformity. If correction is not reasonably practicable, 5000fish will refund the license fees you paid. This is your sole and exclusive remedy for breach of this limited warranty.

This warranty applies only if the Software has been properly installed and used in accordance with this Agreement and its documentation, and has not been modified by anyone other than 5000fish or its authorized representatives.

Disclaimer

Except for the limited warranty above, the Software is provided "as is" and "as available." To the maximum extent permitted by applicable law, 5000fish disclaims all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. 5000fish does not warrant that the Software will be uninterrupted, error-free, or free of harmful components, or that any defects will be corrected other than as described above.

Limitation of liability

To the maximum extent permitted by applicable law, 5000fish's total cumulative liability to you arising from or relating to this Agreement or the Software — whether in contract, tort (including negligence), strict liability, or otherwise — will not exceed the greater of: (a) the total fees paid by you to 5000fish in the twelve months immediately preceding the event giving rise to the claim; or (b) the total license fees paid for the specific Software installation giving rise to the claim.

In no event will either party be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption, even if advised of the possibility of such damages.

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, 5000fish's liability is limited to the fullest extent permitted by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless 5000fish, Inc., its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Software in violation of this Agreement; (b) your violation of any applicable law or third-party right; (c) any product or service you create using the Software; or (d) any dispute between you and your clients or end users.

Termination

Termination by you

You may terminate this Agreement at any time by uninstalling the Software and destroying all copies in your possession. Termination does not entitle you to a refund except within the 30-day refund window described in Section 12.

Termination by 5000fish

5000fish may terminate this Agreement and your license upon written notice if you materially breach this Agreement and fail to cure the breach within thirty (30) days of receiving written notice. Cause for immediate termination without a cure period includes: attempted circumvention of license enforcement mechanisms (which also voids perpetual licenses as stated in Section 13); use of the Software in a prohibited manner that poses immediate legal or reputational risk; or insolvency, bankruptcy, or cessation of business.

Effect of termination

Upon termination, all licenses granted under this Agreement terminate. You must uninstall the Software and destroy all copies within fourteen (14) days. Termination for breach does not entitle you to any refund. The following sections survive termination: Definitions, Intellectual Property, Confidentiality, Limitation of Liability, Indemnification, Export Controls, Disputes, and any accrued financial obligations.

5000fish product discontinuation

In the event 5000fish discontinues DashboardFox as a product entirely, existing perpetual license holders retain the right to continue using their licensed version. 5000fish will provide at least ninety (90) days' written notice of product discontinuation.

Disputes & governing law

This Agreement is governed by the laws of the State of Nevada, United States, without regard to its conflict of law provisions.

Informal resolution

Before initiating any formal dispute process, you agree to contact 5000fish at team@dashboardfox.com and give us thirty (30) days to attempt informal resolution.

Binding arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to this Agreement or the Software will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in English. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction. The parties will share arbitration fees equally unless the arbitrator determines otherwise.

If the AAA is unavailable or declines to administer the arbitration, the parties will mutually agree on an alternative arbitrator, or either party may seek resolution in the state or federal courts located in Nevada.

Class action waiver

You and 5000fish agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this waiver is found unenforceable, the arbitration clause above will not apply to that claim.

Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property rights, or to prevent irreparable harm where monetary damages would be inadequate.

Changes to this agreement

5000fish may update this Agreement from time to time. The version number and date at the top of this document reflect the current version. For material changes — changes that affect your license rights, usage restrictions, or financial obligations — 5000fish will provide at least sixty (60) days' written notice by email to the registered license holder before changes take effect.

Updated terms apply to new purchases and renewals made after the effective date. Your perpetual license rights under the version of this Agreement in effect at the time of purchase are not retroactively diminished by subsequent updates.

Continued use of the Software after the effective date of non-material updates (such as clarifications, formatting changes, and addition of new sections that do not reduce existing rights) constitutes acceptance.

General

Entire agreement. This Agreement constitutes the entire agreement between you and 5000fish regarding the Software and supersedes all prior agreements, discussions, and understandings, whether written or oral. In the event of a conflict between this Agreement and an Order Document regarding license quantities or entitlements, the Order Document governs.

Severability. If any provision of this Agreement is found invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.

Waiver. Our failure to enforce any right or provision of this Agreement will not constitute a waiver of that right or provision unless acknowledged in writing by an authorized representative of 5000fish.

Assignment. You may not assign or transfer this Agreement or any of your rights or obligations under it without our prior written consent. 5000fish may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of our assets. Any assignment by 5000fish will not reduce your perpetual license rights.

Force majeure. Neither party will be liable for any failure or delay in performance due to causes beyond their reasonable control, including natural disasters, acts of government, internet or infrastructure failures, or other force majeure events. This exception does not apply to payment obligations.

Notices. Notices from 5000fish to you will be delivered to the email address registered to your license. Notices from you to 5000fish should be sent to team@dashboardfox.com or by mail to: 5000fish, Inc., 2201 Cooperative Way Drive, STE 600, Herndon, VA 20171. Notices are effective on the date received.

Independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, employment, or fiduciary relationship between the parties.

US Government use. If the Software is licensed on behalf of a US government agency, the Software is "commercial computer software" as defined in FAR 52.227-19 and DFARS 227.7202. Use, duplication, and disclosure are subject to the restrictions set forth in this Agreement.

Language. This Agreement is written in English. In the event of any conflict between an English version and a translated version, the English version governs.