End User License Agreement (EULA)
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TrueNAS Software End User License Agreement
TrueNAS Connect Terms of Service (EU GDPR-Compliant)
Important – Please Read This EULA Carefully
PLEASE CAREFULLY READ THIS END USER LICENSE AGREEMENT (EULA) BEFORE CLICKING THE AGREE BUTTON. THIS AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND IXSYSTEMS, INC. DBA TRUENAS BY CLICKING AGREE, DOWNLOADING, INSTALLING, OR USING THE TRUENAS CONNECT SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE SOFTWARE.
1.0 Definitions
1.1 “Company,” “iXsystems,” or “iX” or “TrueNAS” refers to iXsystems, Inc., d/b/a TrueNAS (“TrueNAS”), including subsidiaries and affiliates under common control.
1.2 “TrueNAS Software” refers to TrueNAS Connect and related software applications.
1.3 “Device” means a digital computer or associated hardware running TrueNAS Connect.
1.4 “Product” refers to TrueNAS Software.
1.5 “Open Source Software” means third-party software components licensed under open-source licenses.
1.6 “Licensee,” “You,” or “Your” refers to the individual or organization agreeing to this EULA.
1.7 “Agreement” means this End User License Agreement.
1.8 “GDPR” refers to the General Data Protection Regulation (EU) 2016/679.
2.0 License
Subject to the terms of this Agreement, iXsystems, Inc., d/b/a TrueNAS (“TrueNAS”) grants You a non-exclusive, non-transferable, revocable, limited license, without the right to sublicense, to use the TrueNAS Connect Software on Your Device(s) for Your internal business purposes, in accordance with Your authorized purchase and use.
3.0 License Restrictions
The Product, is protected by copyright laws and international treaties, as well as other intellectual property laws, statutes, and treaties. The Product is licensed, not sold to You the end user. You do not acquire any ownership interest in the Product or any other rights to such Product, other than to use such Product in accordance with the license granted under this Agreement, subject to all terms, conditions, and restrictions. TrueNAS reserves and shall retain its entire right, title, and interest in and to the Product, and all intellectual property rights arising out of or relating to the Product, subject to the license expressly granted to You in this Agreement.
The Product may contain iXsystems’ or TrueNAS trademarks, trade secrets, and proprietary collateral. TrueNAS strictly prohibits the acts of decompiling, reverse engineering, or disassembly of the Product. You agree to use commercially reasonable efforts to safeguard the Product and TrueNAS’ intellectual property, trade secrets, or other proprietary information You may have access to, from infringement, misappropriation, theft, misuse, or unauthorized access. You will promptly notify TrueNAS if You become aware of any infringement of the Product and cooperate with TrueNAS in any legal action taken by TrueNAS to enforce its intellectual property rights. By accepting this Agreement, You agree You will not disclose, copy, transfer, or publish benchmark results relating to the Product without the express written consent of TrueNAS. You agree not to use, or permit others to use, the Product beyond the scope of the license granted under Section 2, unless otherwise permitted by TrueNAS, or in violation of any law, regulation or rule, and you will not modify, adapt, or otherwise create derivative works or improvements of the Product. You are responsible and liable for all uses of the Product through access thereto provided by You, directly or indirectly.
4.0 General Terms
4.1 Entire Agreement
This Agreement, together with any associated purchase order, service level agreement, and all other documents and policies referenced herein, constitutes the entire agreement between You and TrueNAS for use of the TrueNAS Software and all other prior negotiations, representations, agreements, and understandings are superseded hereby. No agreements altering or supplementing the terms hereof may be made except by means of a written document signed by Your duly authorized representatives and those of TrueNAS.
4.2 Waiver and Modification
No failure of either party to exercise or enforce any of its rights under this EULA will act as a waiver of those rights. This EULA may only be modified, or any rights under it waived, by a written document executed by the party against which it is asserted.
4.3 Severability
If any provision of this EULA is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this EULA will not be affected.
4.4 United States Government End Users
For any Product licensed directly or indirectly on behalf of a unit or agency of the United States Government, this paragraph applies. Company’s proprietary software embodied in the Product: (a) was developed at private expense and is in all respects Company’s proprietary information; (b) was not developed with government funds; (c) is Company’s trade secret for all purposes of the Freedom of Information Act; (d) is a commercial item and thus, pursuant to Section 12.212 of the Federal Acquisition Regulations (FAR) and DFAR Supplement Section 227.7202, Government’s use, duplication or disclosure of such software is subject to the restrictions set forth by the Company and Licensee shall receive only those rights with respect to the Product as are granted to all other end users.
4.5 Foreign Corrupt Practices Act
You will comply with the requirements of the United States Foreign Corrupt Practices Act (the “FCPA”) and will refrain from making, directly or indirectly, any payments to third parties which constitute a breach of the FCPA. You will notify Company immediately upon Your becoming aware that such a payment has been made. You will indemnify and hold harmless Company from any breach of this provision.
4.6 Title
iXsystems, Inc., d/b/a TrueNAS (“TrueNAS”) retains all rights, titles, and interest in TrueNAS Software and in and all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, applications, registration keys, renewals, and extensions of such rights.
4.7 Contact Information
If You have any questions about this Agreement, or if You want to contact TrueNAS for any reason, please email legal@ixsystems.com.
4.8 Maintenance and Support
You may be entitled to support services from TrueNAS after purchasing TrueNAS Software, Products, or a support contract. TrueNAS will provide these support services based on the length of time of the purchased support contract. This maintenance and support is only valid for the length of time that You have purchased with the Product. TrueNAS may from time to time and at their sole discretion vary the terms and conditions of the maintenance and support agreement based on different business environmental and personnel factors. For more information on our Maintenance and Support contract, refer to ixsystems.com/iXsystems_SLA.
4.9 Force Majeure
iXsystems, Inc., d/b/a TrueNAS (“TrueNAS”) will not be deemed to be in default of any of the provisions of this Agreement or be liable for any delay or failure in performance due to Force Majeure, which shall include without limitation acts of God, earthquake, weather conditions, labor disputes, changes in law, regulation or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, equipment failures, transportation difficulties, malicious or criminal acts of third parties, or other occurrences which are beyond iXsystems, Inc., d/b/a TrueNAS (“TrueNAS”) reasonable control.
4.10 Termination
iXsystems, Inc., d/b/a TrueNAS (“TrueNAS”) may terminate or suspend Your license to use the Product or Software and cease any and all support, services, or maintenance under this Agreement without prior notice, or liability, and for any reason whatsoever, including, without limitation, if any of the terms and conditions of this Agreement are breached. Upon termination, rights to use the Product and Software will immediately cease. Other provisions of this Agreement will survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
4.11 Open Source Software Components
iXsystems, Inc., d/b/a TrueNAS (“TrueNAS”) uses Open Source Software components in the development of the Software and Product. Open Source Software components that are used in the Product are composed of separate components each having their own trademarks, copyrights, and license conditions.
4.12 Assignment
Licensee shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under this Agreement, in each case whether voluntarily, involuntarily, by operation of law, or otherwise, without iXsystems, Inc., d/b/a TrueNAS (“TrueNAS”) prior written consent. No delegation or other transfer will relieve Licensee of any of its obligations or performance under this Agreement. Any purported assignment, delegation, or transfer in violation of this Section is void. iXsystems, Inc., d/b/a TrueNAS (“TrueNAS”) may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement without Licensee’s consent. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.
5.0 Export Control Regulations
The Product may be subject to U.S. and international export control laws, including EU dual-use regulations. You agree to comply with all applicable export control laws and not to transfer the Product to embargoed countries or restricted entities.
6.0 Data Collection and Privacy
6.1 Data Collection
TrueNAS Connect may collect information necessary for licensing, functionality, and improvement of the Product. This may include usage logs, system identifiers, and account credentials.
6.2 GDPR & EU Data Protection Compliance
Where You are located in the European Union, the European Economic Area (EEA), the United Kingdom, or Switzerland, TrueNAS processes Your personal data in compliance with the General Data Protection Regulation (GDPR) and applicable local data protection laws.
Data processing is based on the legal grounds of performance of contract (Article 6(1)(b) GDPR), compliance with legal obligations (Article 6(1)(c) GDPR), and iXsystems, Inc., d/b/a TrueNAS (“TrueNAS”) legitimate interests (Article 6(1)(f) GDPR).
You retain all rights granted under GDPR, including the right to access, rectification, erasure, restriction of processing, portability, and objection. Requests may be submitted via privacy@truenas.com.
Personal data may be transferred to the United States. In such cases, iXsystems, Inc., d/b/a TrueNAS (“TrueNAS”) will ensure an adequate level of protection through standard contractual clauses or other appropriate safeguards.
6.3 Privacy Policy
For more information on how TrueNAS collects, processes, and protects Your data, please refer to the TrueNAS Privacy Policy at: https://www.truenas.com/privacy-policy/
7.0 Limitation of Liability and Disclaimer of Warranty
THE PRODUCT IS PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IXSYSTEMS, INC., D/B/A TRUENAS (“TRUENAS”), ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PRODUCT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, IXSYSTEMS, INC., D/B/A TRUENAS (“TRUENAS”) PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PRODUCT WILL MEET THE LICENSEE’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) IN NO EVENT WILL IXSYSTEMS, INC., D/B/A TRUENAS (“TRUENAS”) OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO LICENSEE, LICENSEE’S AFFILIATES, OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE PRODUCT; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; OR BREACHES IN SYSTEM SECURITY; OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT IXSYSTEMS, INC., D/B/A TRUENAS (“TRUENAS”) WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (B) IN NO EVENT WILL IXSYSTEMS, INC., D/B/A TRUENAS (“TRUENAS”) AND ITS AFFILIATES’, INCLUDING ANY OF ITS OR THEIR RESPECTIVE LICENSORS’ AND SERVICE PROVIDERS’, COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO IXSYSTEMS, INC., D/B/A TRUENAS (“TRUENAS”) PURSUANT TO THIS AGREEMENT FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM; (C) THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF THE LICENSEE’S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
8.0 Dispute Resolution
For Licensees located outside the EU: disputes shall be resolved in Santa Clara County, California, under binding arbitration, as described in the base EULA.
For Licensees located in the European Union, EEA, UK, or Switzerland: nothing in this Agreement shall limit or exclude Your statutory rights under EU or local consumer protection laws. Disputes may be subject to the non-exclusive jurisdiction of the competent courts of Your place of residence or incorporation.
9.0 Termination
This Agreement is effective until terminated. iXsystems, Inc., d/b/a TrueNAS (“TrueNAS”) may terminate it at any time for breach. Upon termination, You must delete or destroy all copies of the Product.
10.0 Open Source Components
The Product may include Open Source Software. Each component is subject to its own license terms, and You agree to comply with those licenses.
11.0 Limitation of Liability and Disclaimer
THE PRODUCT IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, IXSYSTEMS, INC., D/B/A TRUENAS (“TRUENAS”) DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL IXSYSTEMS, INC., D/B/A TRUENAS (“TRUENAS”) BE LIABLE FOR DAMAGES EXCEEDING THE AMOUNT PAID FOR THE SOFTWARE.
12.0 Jurisdiction and Governing Law (EU Users)
This Agreement shall be governed by the laws of Ireland, unless otherwise mandated by local EU consumer protection regulations. Any disputes shall be subject to the jurisdiction of the Irish courts.
13.0 Contact Information
For any questions relating to this Agreement, or to exercise data protection rights, please contact:
Email: legal@ixsystems.com
Privacy / GDPR Inquiries: privacy@truenas.com
DPO Contact: dpo@truenas.com
Acceptance
By clicking “Agree” or continuing to use the Product, You acknowledge that You have read, understood, and agreed to the terms of this EULA, including the provisions specific to the European Union and GDPR.