End User License Agreement (and Free Trial Agreement)

Bindplane End User License Agreement

Last Updated: May 28, 2026

This End User License Agreement (“EULA”) is a legal agreement between the Company and You. This EULA governs Your access to and use of the Company’s “Offerings” set forth below. Wherever used in this EULA, “Customer,” “You”, “Your” or similar terms mean the person or legal entity using or accessing the Offerings, and “Company,” “We” or “Us” means the Dynatrace Inc. subsidiary that provides the Offerings to You. 

BY DOWNLOADING, INSTALLING, OPERATING, ACCESSING OR USING THE OFFERINGS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS OF THIS EULA. 

Company reserves the right, in its sole discretion, to update, revise, supplement and to otherwise modify the EULA, and to impose new or additional terms and conditions on Your use of the Offerings from time to time. When Company changes the EULA in a material way, it will update the date at the top of this page. Your continued access or use of any of the Offerings following such update will be deemed to conclusively indicate Your acceptance of the EULA. You are responsible for regularly reviewing the most current version of the EULA which is currently available at https://bindplane.com/legal.

1. DEFINITIONS.

1.1 “Affiliate” means, with respect to a party, an entity that is directly or indirectly controlled by, is under common control with, or controls that party, by voting, contractual or similar interest.

1.2 “Company Materials” means all trainings, dashboards, presentations, report templates or other templates, documentation, materials, methodologies, processes, techniques, ideas, concepts, trade secrets, know-how, works of authorship, formulas, algorithms, databases, scripts, configurations, logos, symbols, designs, and other inventions embodied in the Products and/or that Company develops or supplies in connection with the Products, including all copies, portions, modifications and improvements thereof, and all derivative works of any of the foregoing. Company Materials do not include Customer Data.

1.3 "Documentation" means the then-current online technical and non-technical specifications applicable to the Products contained in the user, system, specification, support and configuration documentation made generally available to Company's customers.

1.4 “Intellectual Property Rights” means all worldwide intellectual property rights, including without limitation, copyrights, trademarks, service marks, trade secrets, know how, inventions, patents, patent applications, moral rights and all other proprietary rights, whether registered or unregistered.

1.5 “Open Source Software” or “OSS” means software components embedded in or distributed with the Products and provided under separate license terms, which can be found either in the oss_attribution.txt file, the LICENSE OR NOTICE FILE (or similar file) provided within the Products, or as published on our website.

1.6 “Order” means an order form, online purchase, or other ordering document between You and Company or a Company-authorized reseller (“Authorized Reseller”) that sets forth applicable products, pricing and Term.

1.7 “Products” means the Company software, computer programs, and products listed on the Company’s website or as set forth in an Order, whether hosted by Bindplane, self-hosted, on-premises, or SaaS, including Documentation, generally available API’s and libraries, and updates and new releases that the Company provides generally to its customers from time to time.

1.8 “Support” means any technical support provided by Company in connection with the Products.

1.9 “Term” means the duration of a license as specified in the Order.

1.10 “Territory” means the country or countries in which You have been invoiced.

1.11 “Third Party Agent” means a contractor, vendor or other third party delivering information technology services to You or the Company as applicable.

2. FREE OR TRIAL USE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE COMPANY MAY AT ANY TIME IN ITS SOLE DISCRETION TERMINATE OR SUSPEND ALL OR A PORTION OF A TRIAL, EVALUATION OR FREE USE INCLUDING WITHOUT LIMITATION THE BINDPLANE FREE EDITION OR ANY SUCCESSOR THERETO (COLLECTIVELY “FREE USE”). CERTAIN FEATURES, TECHNICAL SUPPORT AND OTHER SUPPORT IN CONNECTION WITH FREE USE MAY NOT BE AVAILABLE AND IF PROVIDED ARE SOLELY PROVIDED AT OUR DISCRETION. ALL FREE USE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, OR INDEMNIFICATION. THE COMPANY SHALL HAVE NO LIABILITY OF ANY KIND WITH RESPECT TO FREE USE UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN WHICH CASE THE COMPANY’S LIABILITY SHALL NOT EXCEED USD 1,000.00. IF YOU ARE USING THE PRODUCTS FOR EVALUATION PURPOSES, YOUR USE OF THE PRODUCTS IS ONLY PERMITTED IN A NON-PRODUCTION ENVIRONMENT UNLESS OTHERWISE AGREED BY US AND FOR THE PERIOD LIMITED BY THE ORDER, IF APPLICABLE, OTHERWISE FOR THE PERIOD OF THIRTY (30) DAYS. IF YOU ARE USING THE "BINDPLANE FREE EDITION" VERSION OF THE PRODUCTS OR ANY SUCCESSOR THERETO, YOUR USE IS RESTRICTED AS POSTED ON THIS WEBSITE. ANY USAGE BEYOND THESE LIMITATIONS IS IN VIOLATION OF THIS EULA.

3. PERMITTED USE.

3.1 Products. Subject to the terms of this EULA and any Order, and the payment of applicable fees, the Company grants You a non-exclusive, revocable, non-transferable (except as expressly stated) license to use the Products in accordance with the Documentation during the Term and within the Territory, solely for Your internal business operations. Company Materials are only made available to You to support access to and use of the Products.

3.2 Third Party Agents. You may permit Your Third Party Agents to use the Products on Your behalf for the sole purpose of delivering services to You, provided You shall be fully responsible for their compliance with the terms and conditions of this EULA.

3.3 Customer may reproduce software provided in object code and the Documentation as reasonably necessary to support its authorized use of the Products, and for backup and archival purposes, provided Customer does not remove any Company proprietary markings and notices.

3.4 Feedback. Feedback provided to the Company related to the Offerings may be used by the Company to improve or enhance its products and services. You grant the Company is a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such feedback without restriction.

3.5 Open Source Software. Notwithstanding anything herein to the contrary, Open Source Software is licensed to You under such OSS’s own applicable license terms. To the extent any such applicable license provides You rights that are inconsistent with rights granted in this EULA, then the rights in the applicable open source license shall take precedence, but solely with respect to such Open Source Software. To the extent the license for any Open Source Software requires the Company to make available to You the corresponding source code and/or modifications (the “Source Files”), contact opensource@bindplane.com. All requests should clearly specify: Open Source Files Request. The source code and associated licenses for certain Company Materials are available at https://github.com/observIQ.

3.6 Customer Data. You grant the Company, its Affiliates, and its Third Party Agents a worldwide, non-exclusive, royalty-free right and license during the Term to use Your data (collectively, “Customer Data”) for the purpose of providing the Offerings to You and otherwise supporting Your use of the Products, including but not limited to, auditing purposes, analytics purposes, statistical purposes, bug fixes and creating reports. You agree the Company may additionally use Customer Data: (a) for operating and improving the Company’s products and services; and (b) in aggregate form only, not attributable to You, for research and marketing purposes. You shall retain all right, title and interest in and to Customer Data and all Intellectual Property Rights therein.

4. RESTRICTIONS; OWNERSHIP.

4.1 Customer will not make any Company Offering available to anyone other than Customer or its authorized users, or use any Company Offering for the benefit of anyone other than Customer. Customer will not sell, resell, sublicense, distribute, transfer, or otherwise commercially exploit its rights to use any Company Offering to or for any third party, including as part of a managed services offering, service bureau, outsourcing offering, software as a service, cloud or other technology or service (unless such managed services are expressly authorized by a separate executed agreement between the parties). Customer will not provide access to the Company Offerings to Company’s direct competitors except with Company’s prior written consent.

4.2 Customer will not (a) reverse engineer, decompile, disassemble or otherwise attempt to derive or gain access to the object code, source code or other operational mechanisms or the underlying ideas, methodologies or algorithms of the Company Offerings (except and to the extent such restriction is specifically prohibited by applicable law without the possibility of waiver, and then on prior written notice to Company); (b) modify, adapt, translate, copy or create derivative works based on any element of the Company Offerings; (c) use the Company Offerings to store or transmit malicious code; (d) attempt to gain unauthorized access to the Products or related systems or networks, including through direct or indirect penetration testing; or (e) access or use any Company Offerings in order to (i) copy or re-use ideas, features, functions or graphics, (ii) create or distribute a product or service that competes with any Company Offering, (iii) perform or publish benchmarks or competitive analyses, or (iv) determine whether Company Offerings are within the scope of any patent.

4.3 Ownership. Right, title and interest in the Company Offerings, all copies and portions thereof, and all improvements, enhancements, modifications and derivative works thereof, and all Intellectual Property Rights therein, are and shall remain the sole and exclusive property of the Company and its licensors. Nothing in this EULA constitutes a sale, transfer or conveyance of any title or ownership in the Company Offerings. Your rights to use the Company Offerings shall be limited to those expressly granted in this EULA and any applicable Order. The Company reserves all rights not expressly granted to You.

4.4 “Restricted Information” means any confidential or personal data that is protected by law and that requires the highest level of access control and security protection, such as health information, birthdates, driver’s license numbers, bank account numbers, passport numbers, credit card numbers, social security/insurance numbers, etc. Data You provide to Company must be limited to data necessary for the Company to provide the Products to You. You agree that You will not provide any Restricted Information to Company to be processed by Company in connection with the Services other than payment information used to pay Your fees.

5. ORDER; FEES.

5.1 Order. Your Use of the Company Offerings may be subject to a separately executed Order. No Orders are binding on the Company until accepted by the Company.

5.2 Fees. You shall pay the Company the amounts specified in each Order within thirty (30) days of the date of each Company invoice unless otherwise specified in the Order. All amounts shall be paid in U.S. dollars and shall be fully earned when paid and non-refundable. You must assert any good faith payment dispute in writing within ten (10) days of Your receipt of the invoice giving rise to the dispute. The parties will use commercially reasonable efforts to resolve such dispute. Undisputed amounts remain payable by Customer. The existence of a dispute shall not restrict the Company’s rights to collect such amounts or enforce its right to payment. Except in the event of such good faith disputes, all unpaid invoices past due are subject to a late charge equal to the lesser of 1.5% per month or the maximum interest allowed by law.

5.3 Authorized Reseller Orders. If You order the Products through an Authorized Reseller, the terms of Your subscription with such Authorized Reseller will control with respect to all pricing, payment terms and fees; provided, however, that the Company may suspend or terminate Your access to the Products if such Authorized Reseller has not paid the Company the applicable fees relating to Your Use.

5.4 Payment Methods. If You pay using a credit card or any digital payment method supported by the Company, You authorize the Company to charge Your account using that payment method. You must keep all information in Your billing account current to ensure that all amounts are charged to the appropriate account and are timely paid.

5.5 Taxes. All fees and amounts set forth in the Orders are exclusive of taxes, levies, duties or charges imposed by government authorities (collectively, “Taxes”). You shall be solely responsible for all sales, service, value-added, use, excise, consumption and any other Taxes on amounts payable by You under the Orders and this EULA (other than any Taxes on Company’s income). If You are required to deduct or withhold any Tax under applicable law, You must pay the amount deducted or withheld as required by applicable law and pay Company an additional amount so that Company receives payment in full of amounts due under the Order as if there were no deduction or withholding.

5.6 Overage Policy. Unless otherwise stated, our pricing is based on the volume of data ingested, generally measured in TB per day. Your license allows for a specified daily average ingestion over each monthly billing period. This model provides flexibility for usage spikes, as long as Your monthly average remains within Your license limit. If Your usage exceeds Your licensed limit, You will be charged for the overage at Your current rate. Unless otherwise agreed by Company, Customer shall ensure that all self-hosted deployments are configured to transmit usage metrics to Company through Company-designated reporting mechanisms. Company may without limitation suspend or reduce Support in the event Customer fails to comply with the foregoing. If You consistently exceed Your current license limit, We recommend discussing an upgrade to a higher tier to better suit Your usage patterns.

6. RECORDS AND AUDIT. During the Term and for two (2) years after its expiration or termination, You will maintain accurate records of Your use of the Products sufficient to show compliance with the terms of this EULA. The Company will have the right to audit Your use of the Products to confirm compliance with the terms of this EULA. That audit is subject to reasonable notice by the Company and will not unreasonably interfere with Your business activities. Company may conduct no more than one (1) audit in any twelve (12) month period, and only during normal business hours. You will reasonably cooperate with the Company and any third-party auditor and will, without prejudice to other rights of the Company, address any non-compliance identified by the audit by promptly paying additional fees. You will promptly reimburse the Company for all reasonable costs of the audit if the audit reveals either underpayment of more than five (5%) percent of the Product fees payable by You for the period audited, or if You have materially failed to maintain accurate records of Your use.

7. SUPPORT. Company will provide support for the Products in accordance with the support policies posted at https://docs.bindplane.com/support (and the support levels and fees, if any, identified in the applicable Order) unless otherwise agreed by Us in writing.

8. WARRANTIES.

8.1 Limited Warranties and Remedies. The following limited warranties apply only to the extent that You have purchased a license to a Product. Company warrants that the Product will operate substantially in compliance with the applicable Documentation during the Term, provided that the purchased items have been properly installed and/or configured, used as described in the Documentation, and have not been modified or added to other than by Company. If the Product does not perform as warranted and You notify Company within thirty (30) days, Company will undertake at its sole option and as Customer’s exclusive remedy, to (a) correct the non-conformance; or (b) replace the non-conforming item, provided that if Company determines that it is not commercially reasonable or possible to correct or replace a material non-conformity within a reasonable time from receipt of written notice from You detailing the warranty claim, the affected subscription will be cancelled and Company will refund any unused prepaid fees for the affected subscription.

8.2 WARRANTY DISCLAIMER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTIES SPECIFIED ABOVE, COMPANY DISCLAIMS ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT THE COMPANY OFFERINGS OR RESULTS OF THE USE THEREOF WILL: (A) OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; (C) BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE; (D) IDENTIFY, BLOCK, OR REMEDIATE ALL SECURITY VULNERABILITIES, THREATS, OR ATTACKS; OR (E) RENDER THE CUSTOMER ENVIRONMENT INVULNERABLE TO UNAUTHORISED ACCESS AND/OR THIRD-PARTY INTERFERENCE. IN ADDITION, COMPANY IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTY ABOUT ANY THIRD-PARTY PRODUCTS, SOFTWARE, MATERIALS, OR CONTENT.

9. INDEMNIFICATION.

9.1 Defense and Indemnification. The Company will defend You against any third-party claim that the Product infringes any patent, trademark or copyright of such third party, or misappropriates a trade secret (but only to the extent that the infringement or misappropriation is not a result of Your actions) under the laws of the United States (“Infringement Claim”). The foregoing obligations are applicable only if You: (i) promptly notify the Company in writing of the Infringement Claim; (ii) allow the Company sole control over the defense of the claim and any settlement; and (iii) reasonably cooperate in response to the Company’s requests for assistance. You may not settle or compromise any Infringement Claim without the prior written consent of the Company.

9.2 Remedies. If the alleged infringing Product becomes, or in the Company opinion is likely to become, the subject of an Infringement Claim, the Company will, at the Company’s option and expense, do one of the following: (a) procure the rights necessary for You to make continued Use of the affected Product; (b) replace or modify the affected Product to make it non-infringing; or (c) terminate the License to the affected Product and discontinue the related support services, and, upon Your certified deletion of the affected Product, refund: (i) the fees paid by You for the License to the affected Product, less straight-line depreciation over a three (3) year useful life beginning on the date such Product was delivered; and (ii) any pre-paid service fee attributable to related support services to be delivered after the date such service is stopped.

9.3 Exclusions. Notwithstanding the foregoing, the Company will have no obligation under this Intellectual Property Indemnification Section or otherwise with respect to any claim based on: (a) a combination of Product with non-Company products or data; (b) use for a purpose or in a manner for which the Product was not designed; (c) use of any older version of the Product when use of a newer Company version would have avoided the infringement; (d) any modification to the Product made without Company’s express written approval; (e) any claim that relates to Open Source Software or any derivatives or other adaptations thereof that is not embedded by the Company into the Product; or (f) any Product provided on a no charge, beta or evaluation basis. THIS INTELLECTUAL PROPERTY INDEMNIFICATION SECTION STATES YOUR SOLE AND EXCLUSIVE REMEDY AND THE COMPANY’S ENTIRE LIABILITY FOR ANY INFRINGEMENT CLAIMS OR ACTIONS.

9.4 You hereby agree to indemnify, defend and hold harmless the Company and its licensors, subsidiaries, affiliates, and related companies, and each of their respective officers, directors, employees, shareholders, agents, representatives, business partners, information providers and licensors and their respective successors and assigns (together “Company Entities”) harmless from and against all losses, expenses, damages, liabilities, expenses and costs, including reasonable legal fees, suffered by any of the Company Entities, directly or indirectly, resulting from Your violation of this EULA including without limitation any violation of any third-party privacy right or intellectual property right.

10. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS LICENSORS BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, LOSS OF PROFITS/REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. THE COMPANY’S AND ITS LICENSORS’ LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED THE GREATER OF THE LICENSE FEES YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM IN THE PRIOR TWELVE (12) MONTHS OR $1000. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE COMPANY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. TERMINATION.

11.1 Termination for Breach. Company may terminate this EULA and any Order effective immediately upon notice to You if: (a) You fail to pay any portion of the fees under an applicable Order within ten (10) days after receiving written notice that payment is past due; or (b) You breach any other provision of this EULA and fail to cure within thirty (30) days after receipt of the Company’s written notice thereof.

11.2 Termination for Insolvency. Company may terminate this EULA effective immediately upon notice to You if You: (a) terminate or suspend Your business; (b) become insolvent, unable to pay Your debts, make an assignment for the benefit of creditors, or become subject to control of a trustee, receiver or similar authority; or (c) become subject to any bankruptcy or insolvency proceeding.

11.3 Effect of Termination. Upon termination of this EULA: (a) all rights to the Products granted to You under this EULA shall immediately cease; and (b) You must cease all Use of all Products, and return or certify destruction of all Products and license keys (including copies) to the Company, and return, or if requested by the Company, destroy, any Company Confidential Information in Your possession or control and certify in writing to the Company that You have fully complied with these requirements. Any provision will survive any termination or expiration if by its nature and context it is intended to survive, including any payment obligations incurred prior to termination.

12. CONFIDENTIAL INFORMATION; DATA PRIVACY; ARTIFICIAL INTELLIGENCE.

12.1 Definition. “Confidential Information” means information or materials provided by one party (“Discloser”) to the other party (“Recipient”) which are in tangible form and labeled “confidential” or the like, or information which a reasonable person knew or should have known to be confidential. The following information shall be considered Confidential Information whether or not marked or identified as such: (a) license keys; (b) information regarding the Company’s pricing, product roadmaps or strategic marketing plans; and (c) non-public materials, including the software code and information relating to the Products.

12.2 Protection. Recipient may use Confidential Information of Discloser; (a) to exercise its rights and perform its obligations under this EULA; or (b) in connection with the parties’ ongoing business relationship. Recipient will not use any Confidential Information of Discloser for any purpose not expressly permitted by this EULA and will disclose the Confidential Information of Discloser only to Third Party Agents of Recipient who have a need to know such Confidential Information for purposes of this EULA and who are under a duty of confidentiality no less restrictive than Recipient’s duty hereunder. Recipient will protect Confidential Information from unauthorized use, access, or disclosure in the same manner as Recipient protects its own confidential or proprietary information of a similar nature but with no less than reasonable care.

12.3 Exceptions. Confidential Information does not include information Recipient can show by written records: (a) was already known to Recipient at the time of disclosure; (b) was disclosed to Recipient by a third party who had the right to make such disclosure without any confidentiality restrictions; (c) that is, or through no fault of Recipient has become, generally available to the public; or (d) was independently developed by Recipient without access to, or use of, Discloser’s Information. In addition, Recipient will be allowed to disclose Confidential Information to the extent that such disclosure is required by law, provided that Recipient (unless prevented by law) notifies Discloser of such required disclosure promptly in writing and cooperates with Discloser, at Discloser’s request and expense, in any lawful action to contest or limit the scope of such required disclosure.

12.4 Data Privacy. To the extent the Company processes personal data on Customer’s behalf as a data processor in connection with the Products that is subject to applicable data protection laws, and the parties have not executed a separate data processing agreement that complies with such applicable data protection laws, the Data Processing Agreement (“DPA”) located at https://bindplane.com/legal is incorporated by reference and applies. Each party shall comply with its respective obligations under applicable data protection laws in connection with any personal data processed under or in connection with this EULA.

13. ARTIFICIAL INTELLIGENCE. The following applies to all (i) machine learning and (ii) generative and agentic artificial intelligence provided by Company for use as part of the Products (“AI”).

13.1 Company will comply with its obligations under all laws and regulations applicable to its development and/or deployment of AI, and will adhere to its Responsible AI Principles posted at Dynatrace.com. Company will implement all generative and agentic AI such that the administrator for Customer’s account can configure the Products for such AI to be inactive or not available for use by Customer’s users.

13.2 Company will not use Customer Data to automatically train, fine-tune, or otherwise improve AI except: (a) Company may use Customer Data to establish baselines for Customer’s sole benefit if Customer uses Company capabilities enabled by machine learning; and (b) if Customer uses any generative or agentic AI, then Company may use Customer’s inputted prompts (“Inputs”), and the responsive outputs (“Outputs”), to generally enhance the safety, security, and performance of the AI, provided that Inputs and Outputs will not be used to train or fine-tune any model. Subject to Company’s rights to use Inputs and Outputs to provide its Offerings to Customer and as permitted herein and in Section 3.6, Customer retains all rights in Inputs and, as between Customer and Company, shall own Outputs except that portions which consist of (i) Our system commands or instructions or (ii) excerpts or summaries of Documentation or Dynatrace Materials.

13.3 Customer acknowledges that Outputs may not be protectible by intellectual property rights, and similar Outputs may be generated for different customers. Outputs may include inaccuracies, and human review should be used to evaluate Outputs before use. Customer will not use AI in any system or application, or for any purpose, where the use or failure could result in injury, death, or catastrophic damage, and Dynatrace will not be liable, in whole or in part, for any claims or damages arising from such uses or from the use of AI to implement automated code changes or workflows or failure to appropriately review AI outputs.

14. GENERAL.

14.1 Transfers; Assignment. You shall not assign this EULA, any Order, or any right or obligation or delegate any performance herein without the Company’s prior written consent, which consent will not be unreasonably withheld. Any other attempted assignment or transfer by You will be void. You and Your Affiliates shall be jointly and severally liable for the Use of Products by Your Affiliates. Company may use its Affiliates, Third Party Agents or other sufficiently qualified subcontractors to provide services to You, provided that the Company remains responsible for the performance of the Products.

14.2 Contact/Address for Legal Notices: Dynatrace LLC, 280 Congress Street 11th Floor, Boston, MA, 02210, United States of America, legalnotices@dynatrace.com. Any formal notices delivered by You under this EULA will be delivered via both email and certified or registered mail to the Company.

14.3 Failure to enforce a provision of this EULA will not constitute a waiver.

14.4 Severability. If any provision is determined by a court of competent jurisdiction to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this EULA and such determination shall not affect the remaining provisions contained in the EULA.

14.5 Compliance with Laws; Export Control; Government Regulations. Each party shall comply with all laws applicable to the actions contemplated by this EULA. You acknowledge that the Product is of United States origin, is provided subject to the U.S. Export Administration Regulations, may be subject to the export control laws of the applicable Territory, and that distribution contrary to applicable export control laws is prohibited. You represent that (1) You are not, and are not acting on behalf of, (a) any person who is a citizen, national, or resident of, or who is controlled by the government of any country to which the United States has prohibited export transactions; or (b) any person or entity listed on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons, or the U.S. Commerce Department Denied Persons List or Entity List; and (2) You will not permit the Products to be used for, any purposes prohibited by law, including, any prohibited development, design, manufacture or production of missiles or nuclear, chemical or biological weapons.

14.6 Government Use. The Products and accompanying Documentation are deemed to be “commercial computer software” and “commercial computer software documentation”, respectively, pursuant to DFARS Section 227.7202 and FAR Section 12.212(b), as applicable. Any use, modification, reproduction, release, performing, displaying or disclosing of the Products and Documentation by or for the U.S. Government shall be governed solely by the terms and conditions of this EULA to the maximum extent permitted by law.

14.7 Publicity. You authorize the Company to use Your company’s name in any routine list of the Company clients unless and until objected by You. With Your prior written consent, the Company may use Your company as a reference, publicize in its marketing and advertising material, and may reproduce Your company name, logo, trademark, trade name, service mark, or other commercial or product designations in connection therewith.

14.8 Governing Law. You agree that any legal action, proceeding or other matter related to this EULA shall be governed by US federal law or the laws of the State of Delaware, without giving effect to any principles of conflicts of laws. You hereby consent and submit to the exclusive jurisdiction of the courts of the State of Delaware. These laws apply to Your access to, or use of, the Services, notwithstanding Your domicile, residency or physical location. The Services is intended for use only in jurisdictions where it may lawfully be offered for use. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

14.9 Third Party Rights. Other than as expressly set out in this EULA, this EULA does not create any rights for any person who is not a party to it, and no person who is not a party to this EULA may enforce any of its terms or rely on any exclusion or limitation contained in it.

14.10 Order of Precedence. In the event of conflict or inconsistency among the Documentation, this EULA and the Order, the following order of precedence shall apply: (a) this EULA, (b) the Documentation and (c) the Order. With respect to any inconsistency between this EULA and an Order, the terms of this EULA shall supersede and control over any conflicting or additional terms and conditions of any Order, acknowledgment or confirmation or other document issued by You, unless the Company acknowledges in writing the Order terms specifically prevail.

14.11 Entire Agreement. This EULA, including accepted Orders and any written amendments hereto, contain the entire agreement of the parties with respect to the subject matter of this EULA and supersede all previous or contemporaneous communications, representations, proposals, commitments, understandings and agreements, whether written or oral, between the parties regarding the subject matter hereof.

Archive:

• ARCHIVE End User License Agreement (March 2026)
• ARCHIVE Free-Trial Subscription Agreement