Kubeshark Business Source License (BSL) 1.1

License: BSL 1.1

Licensor: KubeHQ, Inc.

Licensed Work: Kubeshark’s Hub, Worker or Front, including the software components, or any portion of them, and any modification.

License: License to use the Licensed Work. License can be obtained either by browsing to https://kubeshark.co/pricing, https://console.kubeshark.co/ or by running kubeshark pro from the terminal.

Change Date: December 31st, 2028

Change License: Apache License, Version 2.0 (https://www.apache.org/licenses/LICENSE-2.0), as published by the Apache Foundation.

Additional Use Grant (Grant):

This Grant outlines the terms and conditions for limited production use of the Licensed Work. By exercising the rights granted under this Grant, you (“Licensee”) agree to be bound by its terms and conditions.

1. Limited Production Use Without Obtaining a License:

1.1 Licensee is hereby granted permission to use the Licensed Work, without obtaining a License, in a limited production environment, subject to the terms and conditions of the BSL 1.1 License and this Grant.

1.2 The limited production use includes testing, evaluation, and deployment of the Licensed Work in a live environment.

1.3 Licensee may use the Licensed Work for internal purposes and may provide access to the Licensed Work to its employees, contractors, or agents involved in the limited production use, subject to their compliance with the terms and conditions of the BSL 1.1 License and this Grant.

1.4 Licensee can not use, provide, distribute, or make available the Licensed Work as a commercial offering, product, hosted, or managed service, that allows third parties (other than your own employees and contractors acting on your behalf) to access and/or use the Licensed Work or a substantial set of the features or functionality of the Licensed Work.

1.5 Any additional use of the Licensed Work in a production environment requires Obtaining a License from the Licensor.

2. No Warranty:

2.1 Licensee acknowledges and agrees that the Licensed Work is provided on an “as-is” basis, without any warranties or guarantees of any kind, whether expressed or implied.

2.2 Licensor disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

2.3 Licensee understands that the Licensed Work is undergoing active development, and therefore may contain bugs, errors, or other issues that could result in system failures, data loss, or other adverse effects.

3. Use in Production:

3.1 Any use of the Licensed Work requires obtaining a License.

3.2 Licensee may choose to use the Licensed Work in a production environment at their own discretion, despite the active development status in condition, once Licensee has obtained an appropriate license from the Licensor.

3.3 If Licensee decides to use the Licensed Work in a production environment, Licensee assumes all risks and responsibilities associated with such use.

3.4 Licensee agrees that Licensor, shall not be held liable for any damages, losses, or liabilities arising from the use of the Product in a production environment, including but not limited to any interruptions, failures, or data inaccuracies.

4. Governing Law and Jurisdiction:

4.1 This Grant shall be governed by and construed in accordance with the laws of California.

4.2 Any disputes arising out of or in connection with this Grant shall be subject to the exclusive jurisdiction of the courts of California.

By using the Licensed Work in accordance with the terms and conditions of the BSL 1.1 License and this Additional Use Grant, Licensee acknowledges its acceptance of the limitations and disclaimers set forth herein.

Please note that this Additional Use Grant is an extension to the BSL 1.1 License and should be read in conjunction with the original license. In the event of any conflict or inconsistency between the BSL 1.1 License and this Grant, this Grant shall prevail.

Text of BSL 1.1

The Licensor hereby grants you the right to copy, modify, create derivative works, redistribute, and make non-production use of the Licensed Work. The Licensor may make an Additional Use Grant, above, permitting limited production use.

Effective on the Change Date, or the forth anniversary of the first publicly available distribution of a specific version of the Licensed Work under this License, whichever comes first, the Licensor hereby grants you rights under the terms of the Change License, and the rights granted in the paragraph above terminate.

If your use of the Licensed Work does not comply with the requirements currently in effect as described in this License, you must purchase a commercial license from the Licensor, its affiliated entities, or authorized resellers, or you must refrain from using the Licensed Work.

All copies of the original and modified Licensed Work, and derivative works of the Licensed Work, are subject to this License. This License applies separately for each version of the Licensed Work and the Change Date may vary for each version of the Licensed Work released by Licensor.

You must conspicuously display this License on each original or modified copy of the Licensed Work. If you receive the Licensed Work in original or modified form from a third party, the terms and conditions set forth in this License apply to your use of that work.

Any use of the Licensed Work in violation of this License will automatically terminate your rights under this License for the current and all other versions of the Licensed Work.

This License does not grant you any right in any trademark or logo of Licensor or its affiliates (provided that you may use a trademark or logo of Licensor as expressly required by this License).

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED WORK IS PROVIDED ON AN “AS IS” BASIS. LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.