The license your order grants, word for word as the package ships it.

Copyright (c) 2026 PulsePoint Systems, LLC, a Delaware limited liability company doing business as Kernstra. All rights reserved.

These License Terms (the "Agreement") are a legal agreement between PulsePoint Systems, LLC, doing business as Kernstra ("Licensor", "we", "us"), and the business or organization that obtains a License Key for, installs, copies, or uses the software (the "Customer", "you"). They govern the Kernstra Web SDK, distributed as the npm package "@kernstra/pdf-web-sdk", together with its documentation, the binaries and fonts it downloads at run time, and any updates we make available (together, the "Software").

You accept this Agreement by signing an Order that refers to it or, if you install, copy, or use the Software without one, by doing so; if you do not accept it, you may do none of these things. Development and evaluation use is also governed by the Kernstra Terms of Service, which apply the parts of this Agreement they name. If you are accepting on behalf of a company or other legal entity, you represent that you have the authority to bind it. The Software is licensed for business and professional use only, not to consumers.

Every right in Section 2 and in the Terms of Service is granted only on condition that you use a License Key we issued to you, within its Features, origins, audience, and term, and that you comply with Sections 2.5, 2.7, 3(a), 3(c) to 3(f), 3(i), 3(j), and 3(l). Any other use is outside the license, is not authorized by us as the copyright owner, and infringes our copyright.

If you and Licensor have signed a separate written agreement covering the Software, that agreement prevails over this one wherever the two conflict. Each Order names the version of this Agreement that governs it, and that version continues to govern the license the Order grants, whichever release of the Software you use, until you sign an Order that names a later version. Every version is published at https://kernstra.com/legal/web-sdk-license-terms or available from us on request. Summaries published alongside this Agreement are not part of it.

"Affiliate" means an entity that controls, is controlled by, or is under common control with a party, where control means owning more than fifty percent of the voting interests.

"Application" means the single software product named in an Order, with the function the Order describes, that you own or operate and into which the Software is integrated. A product under a different name or brand, or with a materially different function, is a separate Application, even on the same origin; a site, portal, suite, or platform that offers several products or tools is several Applications, however it is named, unless the Order lists the products it includes. For development and evaluation use, Application means a product you are developing.

"Competitor" means a person or entity that offers, or is preparing to offer, to third-party developers a software development kit, library, or component for viewing, editing, annotating, filling, signing, or otherwise processing documents, or a hosted equivalent offered to developers to embed. A business that uses such tools in its own products is not a Competitor for that reason.

"Demonstrating" means presenting the Application to prospective buyers. A pilot, proof of concept, or beta in which anyone outside your development and testing team uses the Application on their own documents for more than fourteen (14) days is Production Use unless we grant an evaluation license under Section 2.2.

"Documentation" means the reference manual and other materials shipped in the package or published by us for the Software, including the user information that Regulation (EU) 2024/2847 requires (our identity and contact details, the intended purpose of the Software, the end date of its security support period, and how to install updates and decommission it securely).

"End User" means a person who uses your Application as a user of it, including a member of staff or a customer of a business that subscribes to your Application.

"Features" means the capabilities of the Software (for example viewing, annotation, form filling, text editing, page editing, printing, text extraction, export) that your License Key enables. Each Feature is available only under a license that includes it.

"Internal Audience" means your employees and individual contractors, and those of your Affiliates, using the Application for your business. "Public Audience" means every other person, including your customers, their staff, and the public. An Order states one of these audiences or both, and use by a person outside the audience your Order states is use that no Order covers (Sections 3(l) and 7.5).

"License Key" means the key we issue to you that identifies your license and the Features, origins, and term it covers: a development key, a production key, a staging key, or an offline key.

"List Fees" means the fees published at https://kernstra.com/pricing or, where none is published for a given use, our standard rate card current at the time, available on request and sent with the invoice; where you hold an Order, never less than that Order's fee per Monthly User applied to the use, and never less than the published entry plan's fee for each Application and usage month of the use.

"Monthly Users" means the number of distinct browsers that load the Software under your production key on a permitted origin during a usage month, as our licensing service counts them from the pseudonymous identifiers in its status checks, each counted once however many documents it opens. Browsers using a staging key are counted apart and never against what your Order covers, and browsers using a development key are not counted. Where the Application is deployed so that people share a browser or an identifier, or the identifier cannot be kept (for example shared profiles, kiosks, virtual desktops, or disabled browser storage), or for an offline key, Monthly Users means the number of people who use the Software in the usage month, which you will record and report under Section 4.5. A "usage month" is a calendar month until the end of the month that contains your organization's first billing date, then the period to the next billing day, and after that each month from the billing day of one month to the same day of the next, whatever your billing period.

"Order" means the order form, signed by you in the Kernstra console or otherwise in writing, by which you obtain a license to the Software, stating the Application, its audience, the Features, the permitted origins, the Monthly Users, the term, the billing period, and the fees, together with the standard order terms published at https://kernstra.com/legal/order-form in the version in force on the day the Order is signed. The Order prevails over this Agreement for the commercial terms it states.

"Origin" means the scheme, host, and port of a web page, as the browser reports it. For an Application without a unique web origin (for example a desktop, mobile, or browser-extension application), the Order names the product and its platform and, where they exist, its bundle, package, or store identifiers; the License Key then covers only that product on that platform, and may not be used on a web origin the Order does not name.

"Production Use" means any use of the Software other than developing and testing your Application and Demonstrating it, including use by your own staff on real documents and automated processing, on any host, whether the deployment is called production, staging, preview, beta, pilot, or internal.

"Terms of Service" means the Kernstra Terms of Service published at https://kernstra.com/legal/terms, which govern your account, the Kernstra console, and development and evaluation use.

2.1 Production license. Subject to this Agreement and to payment of the applicable fees, Licensor grants you a non-exclusive, non-transferable, non-sublicensable license, for the term of your Order, to:

1. install the Software in your development environments and build systems;
2. integrate the Software into the Application your Order names;
3. distribute the Software, as integrated into and as a component of that Application, to its End Users, on the origins your License Key names and for the audience your Order states; and
4. configure, style, and extend the Software through the options, tokens, callbacks, and extension points the Documentation describes, and bundle, minify, compress, and otherwise process it with your build tools as part of building your Application, provided you do not alter its behavior, defeat any measure named in Section 3(c), or strip the proprietary notice at the head of its files.

2.2 Evaluation license. If we issue you a trial or evaluation license, you may use the Software solely to decide whether to obtain a production license, for the period and to the extent we state, and not for Production Use. Output produced under an evaluation license may carry a visible mark (the "Mark"). An evaluation license ends when its period ends.

2.3 Development keys. A development License Key is for developing and testing your Applications and Demonstrating them: developer machines, build and test systems, staging and preview deployments. It may run on any host, but it may not be used for Production Use. Output produced under it carries the Mark. No output produced under a development, staging, or evaluation key, or after the period in Section 4.1 has run out, marked or not, may be used for a business purpose other than development, testing, and Demonstrating. Development keys are issued under the Terms of Service.

2.4 Staging keys. A staging key may be used only for testing and acceptance of your Application before a release, by you, your contractors, and testers you name (unless the Order says otherwise, no more than twenty-five (25) of them), on the staging hosts we approve, and not for the Application's ordinary use for its purpose or to serve End Users. Any other use of a staging key is Production Use, counted and charged under Section 7.5.

2.5 End users. Your Application may serve End Users who belong to other organizations, including your own customers and their staff. You are responsible for their use. End Users use the Software only as users of your Application: they may not embed it into, offer it from, or rebrand it for their own products, sites, or services, whether by frame, script, API, plugin, template, or low-code component, and you shall not enable them to; your terms with End Users will forbid extracting, copying, or reusing the Software. An Application whose main purpose is to let its End Users view, edit, fill, sign, or annotate documents is permitted on those terms. You may not expose the Software's programming interfaces, components, or user interface to third parties as a reusable building block. An origin that another organization owns or that carries its brand (for example a custom domain a customer of yours points at your Application) is covered only if the Order lists it as such, and an Application presented under another organization's name or brand on such an origin needs the separate license in (a). A separate license, agreed in writing, is needed to: (a) build, operate, or deploy an Application for another organization to own, brand, or offer as its own product, including white-label, agency, and OEM use; (b) let another organization deploy the Software or your Application on its own infrastructure or origins; or (c) resell, sublicense, or redistribute the Software other than inside your Application.

2.6 Affiliates and contractors. Your Affiliates and your contractors may exercise your rights under this Section 2 solely for your Application and on your behalf; you are responsible for their compliance as for your own. You may give development and staging keys to contractors working on your Application who are bound in writing to terms at least as protective of us as Sections 3 and 4; they may not use your keys for anyone else. An Affiliate's rights under this Section end when it ceases to be your Affiliate; you will tell us within thirty (30) days when that happens, and its use ends sixty (60) days later unless it signs its own Order. An Affiliate's own Applications need their own Order.

2.7 Interactive use. The Software is licensed for interactive use in End Users' browsers. Headless, automated, or server-side use of the Software, other than automated testing of your Application, needs a license that expressly includes it.

Except as this Agreement expressly allows, you shall not, and shall not authorize, assist, or knowingly permit anyone else to:

1. copy, modify, translate, adapt, or create derivative works of the Software;
2. reverse engineer, decompile, disassemble, deobfuscate, or otherwise attempt to derive the source code, algorithms, or internal structure of the Software, except to the extent that applicable law expressly permits despite this restriction;
3. remove, disable, circumvent, defeat, or interfere with the license verification, the status check with our licensing service, the feature gating, the Mark, the integrity checks, or any other technical measure in the Software; patch, fork, re-sign, or run an altered copy of the Software; configure the Application so that the Software cannot keep its browser identifier; use the Software with a License Key that was not issued to you, that has been altered, forged, or revoked, or whose status answer has been forged, replayed, or supplied by anything other than our licensing service; impersonate, proxy, block, or answer our licensing service in the Software's place; or hold or alter a device clock, a cache, or a network path to extend the period during which the Software runs without a confirmed status;
4. give a License Key to another organization, or use it outside the origins and purposes it was issued for (Section 4.2);
5. distribute, sell, rent, lease, lend, sublicense, host, or otherwise make the Software available to third parties other than as a component of your Application under Section 2;
6. remove or alter any proprietary notice, label, or mark in the Software or the Documentation;
7. use the Software, or knowledge gained from it in breach of (b), to build, train, or improve a product or service whose purpose is to replace the Software for third parties, or let a Competitor use the Software on your behalf;
8. publish a performance comparison of the Software without naming the version, configuration, and method used;
9. reproduce, hide, cover, blend out, or remove the Mark where the Software places it on screen, in print, or in exported files, or use or distribute output that carries the Mark as if it were production output;
10. fetch files from our content store other than through an unmodified copy of the Software running in your licensed Application, or serve copies of those files to anyone other than the End Users of your Application;
11. use the Software in violation of applicable law, or to process content you have no right to process; or
12. use the Software for an Application, origin, audience, Feature, or level of use that no Order covers, or for Production Use under a development, staging, or evaluation key.

Nothing in this Agreement prohibits or restricts any act that applicable law permits despite a contractual prohibition, including making a back-up copy, observing, studying, or testing the Software, correcting errors, and decompiling for interoperability, within that law's limits (including Articles 5 and 6 of Directive 2009/24/EC and sections 50A to 50C and 296A of the UK Copyright, Designs and Patents Act 1988); such an act is not a breach of this Agreement. Before correcting an error yourself, you will first ask us to correct it.

4.1 The Software requires a valid License Key to operate. It verifies the key cryptographically in the browser and, for online keys, confirms the license status with our licensing service when the Software starts, when a key is changed, and when a document is opened more than an hour after the last confirmed answer. If our licensing service cannot be reached, the Software keeps running on its last confirmed status for forty-eight (48) hours; after that, until a check succeeds, it keeps opening documents with the Mark on their output and without text extraction. An offline key makes no requests and carries its own expiry. No document content, text, form data, file name, or password ever leaves the browser as part of these requests; the Documentation lists exactly what they carry.

4.2 Keys are yours alone. A License Key is issued to you for your Application on the origins it names. You shall not give a key to another organization, use it for a product that is not your Application, or use it outside the origins and purposes it was issued for. A development key that runs on any host, and any offline key, is to be kept within your organization and your contractors under Section 2.6, and protected as you protect your own credentials. Tell us promptly if you believe a key is being used by someone else; we may revoke, rotate, or reissue a key at any time to protect the Software or our licensing service, and will provide a replacement for a license in good standing.

4.3 The Software downloads its rendering engine, text-processing binaries, and bundled fonts at run time from a content-addressed store we operate, and verifies every file against digests built into the release. Self-hosting these files is permitted only under a license that includes it, and only with the unmodified files we published.

4.4 Technological measures. The license verification, the status check, the feature gating, and the integrity checks are technological measures that control access to the Software and protect our rights in it, within the meaning of the anti-circumvention provisions of applicable copyright law. The Mark and the proprietary notices in the Software are copyright management information. You acknowledge that defeating any of them is a breach of this Agreement in addition to any other wrong.

4.5 Records, compliance, and audit. You will keep, for two (2) years, records sufficient to verify your use: every Application and deployment, its origins or platform, the keys it uses and, for an offline key or a deployment under the shared-browser rule in Section 1, the number of people using the Software in each usage month. On request, not more than once a year (or once a quarter for an offline key or a shared-browser deployment), you will confirm those records in writing within twenty (20) days and answer reasonable questions about your use. Our licensing service's records of where and how often a key is used are evidence of use under this Agreement; you may see and export the daily and monthly usage figures for your keys in the console during the term and, unless your organization's data has been deleted at its request, afterwards, and you may dispute our count. If your confirmation is late, or our records show use it does not account for, or for an offline key or a shared-browser deployment, an independent auditor bound by confidentiality and who is not a Competitor may, on fifteen (15) business days' notice, during business hours, remotely where possible, and not more than once in twelve (12) months, verify your records against your deployment, limited to what shows your use of the Software and subject to your confidentiality and data protection duties; the findings are confidential. You will pay the fees the audit shows due and, if they exceed five percent (5%) of the fees paid for the period audited, the reasonable cost of the audit. You will tell us promptly if you learn of unauthorized use or copying of the Software.

4.6 Licensing data. Each status check sends us the License Key, the page's origin, a random one-time value and the time, a stable pseudonymous identifier of the browser, derived from a key the browser keeps (so that we can count Monthly Users and tell a copied key from its holder), and technical facts about the Software itself (its version, how the load went, error codes); like any request, it also shows us the browser's IP address and user agent. We receive no name or other identifying detail of the person, and nothing about the documents. For the collection and transmission of this data from your End Users' browsers, you and we are joint controllers under Article 26 GDPR and comparable laws; we are solely responsible for the processing after we receive it, which we carry out only to verify and enforce licenses, to count usage, to detect abuse, and to troubleshoot, keeping it no longer than those purposes need, and we answer data subjects about it. You will give your End Users, before the Software loads, the information in Section 3 of our Privacy Policy at https://kernstra.com/legal/privacy (by linking to it or reproducing it), and obtain any consent that the law that applies to you requires for the Software's storage in their browser (in the EEA, Article 5(3) of Directive 2002/58/EC and the national laws implementing it, including Norway's Electronic Communications Act section 3-15; in the UK, the Privacy and Electronic Communications Regulations; in Switzerland, Article 45c of the Telecommunications Act). Where we process personal data on your behalf, the data processing terms in the Terms of Service apply.

The Software is licensed, not sold. Licensor and its licensors own and retain all right, title, and interest in and to the Software, including all intellectual property rights, and all copies, modifications, and derivative works, however made. You retain all rights in your Applications and in the documents and content you process with the Software. Any feedback you give us about the Software may be used by us without restriction or obligation.

The Software includes open-source and other third-party components, listed with their license terms in the file THIRD_PARTY_NOTICES.txt shipped in the package. Those components are licensed to you under their own terms for the components as their projects publish them, and nothing in this Agreement limits the rights those licenses grant you in the components themselves; you may obtain the components from their projects. The files we publish in our content store are our builds, delivered only to the Software under Sections 3(j) and 4.3, whatever license the code in them carries, and nothing in those licenses grants any right in the rest of the Software, in our content store, or in our licensing service. You will keep the third-party notices with your Applications where those licenses require it; including THIRD_PARTY_NOTICES.txt in your Application's notices meets that requirement.

7.1 Fees. You shall pay the fees stated in your Order, in US dollars, for each billing period in advance: by card when they fall due, or, under invoice billing, within thirty (30) days of the invoice. Fees are non-refundable, and no credit is given for part of a period, except where this Agreement or an Order provides otherwise or the law requires.

7.2 Taxes. Fees exclude taxes. You are responsible for all sales, use, value-added, goods and services, digital services, withholding, and similar taxes on the fees, other than taxes on our income. Where we are registered to collect a tax and the law requires it, we add it at the rate for your billing address and place of use, which you will keep accurate; if a tax authority later determines that tax was due on a fee we did not charge, you will pay it on request. If you claim an exemption (for example because you distribute the Software inside a product you sell), give us a valid certificate before the invoice date; we may rely on it, and you will pay any tax, interest, and penalties if it is invalid. Where a supply is subject to a reverse charge, you will account for the tax. If the law requires you to withhold tax from a payment, you will increase the payment so that we receive the amount we would have received without the withholding, and send us the official withholding certificate within thirty (30) days. You represent that you acquire the Software for business purposes, and you will give us, before the first invoice and on request, a valid business tax identifier (an EU VAT identification number verifiable in VIES, a UK VAT number, a Swiss UID, an Indian GSTIN, a Japanese corporate number, a Korean business registration number, an ABN with confirmation of GST registration, a New Zealand GST number, Canadian GST/HST and QST numbers, or the local equivalent); if you cannot, we may decline the Order or charge the tax of your country. Notice for Japan: the Software is a provision of business-oriented electronic services, and you, not we, are liable for Japanese consumption tax under the reverse-charge mechanism. On request we provide a certificate of United States residence (IRS Form 6166) and, for India, Form 10F and a declaration that we have no permanent establishment there.

7.3 Term, renewal, and cancellation. Your Order states the term and how it renews. Unless it says otherwise: an online license starts when the first charge succeeds (under invoice billing, when the Order is signed) and renews automatically for successive billing periods; you may cancel it at any time in the Kernstra console, and it stays active until the end of the period you have paid for. We may cancel an online license, or decide at its yearly review not to continue it, by giving you at least thirty (30) days' notice, with effect from the end of the first paid period that ends after the notice period; a license with a term of twelve (12) months or longer we may end only at the end of a term, on at least ninety (90) days' notice. An offline license runs for twelve (12) months and renews automatically for further twelve-month terms unless either party cancels it before the term ends; its key keeps working for a short period after a term ends (fourteen (14) days, or forty-four (44) days under invoice billing) so that a renewal can be paid, which is not a license to use it after the term ends without a renewal. A package runs for twelve (12) months and renews as its Order states. For a term of twelve (12) months or longer that renews automatically, we will remind you by email at least fifteen (15) and not more than thirty (30) days before the last day on which you may stop it renewing.

7.4 Price changes. Notwithstanding the fees stated in an Order, unless the Order expressly fixes renewal fees, we may change the fee for a renewal by giving notice, with the reason, at least thirty (30) days before it begins, or sixty (60) days for a term of twelve (12) months or longer. A change takes effect only from that renewal, and you may cancel before it applies.

7.5 Usage and use beyond your license. Your Order states the Monthly Users its fee covers. Exceeding them never blocks your Application. For each usage month in which your Monthly Users exceed what your Order covers by more than ten percent (10%), we may invoice the difference between your fee and the List Fees for the plan that covers that usage, and if they exceed it in two consecutive usage months we may also ask you to move to an Order that covers your usage from the next billing period; if you do not, either party may end the license with effect from the end of the current billing period. Use of the Software for an Application, origin, audience, or Feature that no Order covers, or Production Use under a development, staging, or evaluation key, is charged at the List Fees from the first day of that use, in addition to our other rights.

7.6 Late payment and suspension. If a charge fails or an invoice is overdue, we will tell you, and your keys keep working for fourteen (14) days. If it is still unpaid after that, we may pause your production and staging keys until it is paid; if it is still unpaid thirty (30) days after the pause, we may terminate the affected Orders on notice. Overdue amounts bear interest at the statutory rate for commercial debts where you are established (in the European Union, at least eight percentage points above the European Central Bank's main refinancing rate) or, where no such rate applies, one percent (1%) a month, in each case no higher than the law allows, and you will reimburse our reasonable, documented costs of collecting them to the extent the law allows; you may show that our loss was lower. We may also suspend your organization's keys, development keys included, if we reasonably believe the Software or our services are being used in breach of this Agreement or the Terms of Service, for fraud or abuse, or where the law requires. We will tell you why. While a key is paused or suspended, the Software will not open new documents under it; documents that End Users already have open keep working until they are closed. We lift the pause or suspension when the cause is resolved, and the same key then works again.

7.7 Disputed charges. If you think a charge is wrong, tell us at support@kernstra.com within thirty (30) days and we will investigate and correct any error; you agree to raise a billing dispute with us before asking your card issuer to reverse a payment. If a payment is reversed and not restored, the license for the period it paid for ends when we receive the reversal, and we may recover the amount, the dispute fees charged to us, and reasonable collection costs. This does not limit your rights under your card network's rules.

8.1 Either party may terminate this Agreement or an Order on written notice if the other party materially breaches it and does not cure the breach within thirty (30) days of notice, or if the other party becomes insolvent, makes an assignment for the benefit of creditors, or becomes the subject of bankruptcy proceedings that are not dismissed within sixty (60) days. We may terminate immediately on notice if you breach Section 3. If you come under the control of a Competitor, we may terminate on thirty (30) days' notice and refund the prepaid fees for the rest of the paid period.

8.2 When a license ends, its production and staging keys stop working and the Software will not open documents under them; you shall stop using the Software in the Applications it covered and delete every copy in your possession that no other license covers, keeping only what a development license covers for development use. Plan the removal before the end date: a cancellation takes effect only at the end of a paid period. If you terminate for our uncured material breach, we will refund the prepaid fees for the rest of the paid period. Fees already due stay due. Sections 3, 4.2, 4.4, 5, 6, 7.1, 7.2, 7.6, 8.2, 9.2, 10, 11, and 13 survive, and Sections 4.5 and 7.5 survive for two (2) years.

9.1 Limited warranty. For a production license in good standing, Licensor warrants that the Software, as we deliver it, including its components, will perform materially as described in the Documentation. Your exclusive remedy for breach of this warranty is that we will use commercially reasonable efforts to correct the non-conformity or, if we cannot do so within thirty (30) days of your notice, refund the fees paid for the then-current billing period and end the license. This warranty does not cover evaluation or development use, a copy you have modified, use in a browser the Documentation does not support, or a non-conformity caused by the content being processed. A warranty claim must be made in writing within thirty (30) days after you become aware of the non-conformity, and during the term of the license. If you are established in Germany or Austria, you keep the statutory right to reduce the fee for the period in which the Software did not perform as warranted; liability without fault for defects that existed when the license started is excluded; and the thirty-day period does not shorten a limitation period the law does not allow to be shortened.

9.2 Disclaimer. TO THE EXTENT THE APPLICABLE LAW ALLOWS, AND EXCEPT AS STATED IN SECTION 9.1, THE SOFTWARE IS PROVIDED "AS IS" AND LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED. THE SOFTWARE PROCESSES DOCUMENTS THAT MAY BE MALFORMED OR HOSTILE; YOU ARE RESPONSIBLE FOR THE CONTENT YOU AND YOUR END USERS PROCESS WITH IT AND FOR BACKING UP YOUR DATA. The Software's signature verification is a technical check of the signature data and certificates in a document; it is not a qualified validation service under Regulation (EU) No 910/2014 or any similar law, and a signature drawn or typed in the Software is at most a simple electronic signature.

9.3 Accessibility. The Documentation describes the Software's keyboard operation and known limitations. You are responsible for the accessibility of your Application and for any statement you make about it under Directive (EU) 2019/882, the UK Equality Act 2010, or similar laws; we will give you the information about the Software that you reasonably need for that.

10.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE TERMS OF SERVICE, OR THE SOFTWARE, TAKEN TOGETHER, SHALL NOT EXCEED THE FEES PAID OR PAYABLE FOR THE SOFTWARE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND LICENSOR'S TOTAL LIABILITY UNDER SECTION 11.1 SHALL NOT EXCEED THREE (3) TIMES THAT AMOUNT.

10.3 Sections 10.1 and 10.2 do not limit (a) liability for death or personal injury caused by negligence, liability under product liability law (including the laws implementing Directive (EU) 2024/2853 or Directive 85/374/EEC), fraud, or any other liability that the applicable law does not allow to be limited; (b) a party's gross negligence or willful misconduct; (c) your breach of Section 2.5, Section 3(a) to 3(g), 3(i), 3(j), or 3(l), or Section 4.2, or your infringement or misappropriation of our intellectual property; (d) your obligations under Section 11.2; or (e) your obligation to pay fees, including under Sections 4.5 and 7.5.

10.4 These limits apply even if a limited remedy fails of its essential purpose, and they reflect an allocation of risk that is part of the basis of the fees.

10.5 Customers in Germany and Austria. Notwithstanding Sections 10.1 and 10.2, if you are established in Germany or Austria: we are liable without limit for intent and gross negligence, for injury to life, body, or health, under product liability law, and under a guarantee we have given; for slight negligence we are liable only for breach of an obligation whose performance makes the proper performance of this Agreement possible and on which you may rely (an essential obligation), limited to the loss that was foreseeable at the time of the Order and typical for this type of contract, and in total to the amount in Section 10.2; for loss of data our liability is limited to the cost of restoring it from backups you kept with reasonable care; and otherwise our liability for slight negligence is excluded.

11.1 By Licensor. We will defend you against any third-party claim that the Software, used as permitted by this Agreement under a production license, infringes that third party's patent, copyright, trademark, or trade secret, and pay the damages and costs finally awarded or agreed in settlement. If such a claim is made or seems likely, we may procure the right for you to continue using the Software, modify or replace it so that it no longer infringes, or, if neither is reasonably available, terminate the license and refund the prepaid fees for the remaining term. We have no obligation for claims arising from your modifications, from combination with items we did not supply, from the third-party components in Section 6 as their projects publish them, from use after we told you to stop, from use of a version other than the current one where the current one would have avoided the claim, or from your Applications or content. This Section 11.1 states our entire obligation for infringement claims.

11.2 By you. You will defend Licensor against any third-party claim that arises from your Applications, from the documents or content you or your End Users process with the Software, or from your breach of Section 3, except to the extent the claim is one we must defend under Section 11.1 or results from our negligence or breach, and pay the damages and costs finally awarded or agreed in settlement.

11.3 The indemnified party shall give prompt notice of the claim, sole control of its defense and settlement to the indemnifying party (a settlement that imposes obligations on the indemnified party requires its consent), and reasonable cooperation at the indemnifying party's expense.

11.4 Product liability. If a third party claims against you under product liability law for damage allegedly caused by the Software as a component of your Application, we will give you the technical information about the Software that you reasonably need to respond, subject to Section 13 of the Terms of Service (Confidentiality); Section 10 applies to any recourse claim between us.

12.1 Updates and support. We may make updates to the Software available during your license. Updates are part of the Software and are governed by this Agreement. We support the current major version and, for twelve (12) months after the next major version ships, the previous one. We will not remove a Feature your Order includes during a paid billing period. We give support by email and support case and aim to answer within one business day; response times are commitments only where your Order states them. The Software's network behavior and what it stores, for your security review, are described in the Documentation under "What leaves the browser"; its operation without our licensing service is described in Section 4.1. We may retire a version of the Software with reasonable notice, provided a replacement version is available under your license.

12.2 Security support. Each release of the Software has a security support period, stated with its end month and year in the Documentation and when you order, which is never shorter than the term of a license to use that release. During it we remediate vulnerabilities in the Software free of charge and without undue delay, by security updates that we deliver separately from feature updates where technically feasible, and we may remediate only in the latest release of the same major version, which your license entitles you to; you will deploy the security updates we issue for your licensed version without undue delay. Report vulnerabilities to security@kernstra.com under the coordinated vulnerability disclosure policy at https://kernstra.com/security, and tell us promptly if you find one. A software bill of materials for each release, our EU declaration of conformity once the law requires one, and the technical information you reasonably need to assess the Software as a component of your own product under Regulation (EU) 2024/2847 are available on request. The Software is designed to be used with our licensing service and our content store (its remote data processing); the Documentation describes them and how the Software behaves without them. If we learn that a vulnerability in the Software is being actively exploited, or of a severe incident affecting its security, we will tell affected customers without undue delay, with the corrective measures available.

13.1 Compliance; export and sanctions. You shall comply with all applicable laws, including United States and other applicable export control and economic sanctions laws, and shall not use, export, re-export, transfer, or make the Software available, including as part of your Applications, in violation of them. The Software contains encryption and is subject to the U.S. Export Administration Regulations; we classify it as mass-market encryption software, ECCN 5D992.c. The Software may not be exported, re-exported, or transferred to (a) any country or region subject to comprehensive U.S. sanctions (at the date of this version: Cuba, Iran, North Korea, and the Crimea, so-called Donetsk People's Republic, and so-called Luhansk People's Republic regions of Ukraine), or (b) Russia, Belarus, or Syria, for which U.S. law requires an export license we do not hold. You represent that you are not located in, organized under the laws of, or ordinarily resident in any of them, and that neither you nor anyone owning fifty percent (50%) or more of you is listed on, or blocked under, a U.S. or other applicable sanctions or restricted-party list. You need not screen individual End Users, but you shall not knowingly make the Software available to such a person or destination, and you shall not disable, or help anyone circumvent, the geographic or license-key restrictions in the Software or our licensing service, which may decline requests from those destinations. We may suspend or terminate this Agreement at once on notice if any of this is or becomes untrue, or where those laws require.

13.2 Assignment. This license is personal to you. You may not assign or transfer this Agreement or any License Key, by operation of law or otherwise, including in an insolvency proceeding, without our prior written consent, except to a successor in a merger or sale of substantially all of your assets that is not a Competitor and that assumes this Agreement in writing. We may assign this Agreement to an Affiliate or a successor.

13.3 Governing law and disputes. This Agreement is governed by the laws of the State of Delaware, United States of America, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If you are domiciled in the United States, the parties submit to the exclusive jurisdiction of the state and federal courts located in the State of Delaware for any dispute arising out of or in connection with this Agreement. If you are domiciled elsewhere, any such dispute shall be finally resolved by arbitration administered by the International Centre for Dispute Resolution under its International Arbitration Rules, before one arbitrator, seated in Wilmington, Delaware, and conducted in English. Either party may seek interim or injunctive relief, and either party may bring a claim solely for payment of an undisputed amount due under an Order, in any court of competent jurisdiction. The ICDR International Expedited Procedures apply where their conditions are met, and any hearing is held by video conference unless the arbitrator decides otherwise. Each party may bring claims only in its individual capacity, not as a member of a class or representative action. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. Except for claims for unpaid fees, for breach of Section 3, for intent or gross negligence, for injury to life, body, or health, or under product liability law, and except where the law does not allow it, a claim must be brought within one (1) year after the claimant knew or should have known of it.

13.4 Notices. Notices to Licensor shall be sent to legal@kernstra.com and, for a notice of breach, termination, or a legal claim, also in writing to the postal address published at https://kernstra.com/legal/terms or, until one is published there, to the postal address we give on request; they are effective on receipt. Notices to you may be sent to the email addresses of the owners of your organization in the Kernstra console, or shown in the console, and are effective on the next business day.

13.5 Entire agreement. This Agreement, together with your Order and, for development and evaluation use and your account, the Terms of Service, is the entire agreement between the parties about the Software and supersedes all prior or contemporaneous agreements and representations about it. A waiver or amendment is effective only in writing signed by both parties, except a change made under Section 7.4. An Order amends this Agreement only by an express statement that names the section it amends; its descriptive fields (such as the Application's name or description) never widen this Agreement, including the meaning of Application, Origin, or audience in Section 1. If any provision is held unenforceable, it is enforced to the maximum extent permissible and the rest remains in effect. Terms on a purchase order or similar document of yours do not apply.

13.6 Relationship. The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, or agency.

13.7 Equitable relief. A breach of Section 2.5, Section 3, or Section 4.2 would cause harm that money alone cannot repair, so in addition to any other remedy we may seek an injunction or other equitable relief in any court of competent jurisdiction, notwithstanding Section 13.3, without posting a bond or, if a court requires one, with a bond of no more than one thousand US dollars (US$1,000), which the parties agree is adequate. In any action to enforce this Agreement, the prevailing party may recover its reasonable attorneys' fees and costs.

13.8 U.S. Government users. The Software and Documentation are commercial computer software and commercial computer software documentation, developed at private expense, as those terms are used in the Federal Acquisition Regulation (48 C.F.R. 2.101 and 12.212) and its Defense supplement (48 C.F.R. 227.7202). If the Software is acquired by or for a U.S. Government agency, the Government receives only the rights in this Agreement, which replaces any other provision about the Government's rights in software.

13.9 Force majeure. Neither party is liable for a failure or delay caused by events beyond its reasonable control, such as natural disaster, war, terrorism, labor dispute, pandemic, government action, or failure of the internet or of a third-party service, provided it gives prompt notice and uses reasonable efforts to resume. This does not excuse paying fees.

13.10 No third-party beneficiaries. End Users and other third parties have no rights under this Agreement.

13.11 Trademarks and publicity. Nothing in this Agreement licenses the Kernstra name or logo, except that you may name the Software in notices and documentation of your Applications. We may name you as a customer in a customer list; we will not use your logo or describe your use without your written consent, and you may opt out of the customer list by writing to us.

13.12 Language. This Agreement is written in English; any translation is for convenience only.

13.13 Mandatory local rights. Where the law of the country in which you are established gives you a right or a protection that cannot be excluded or limited by agreement (for example a statutory guarantee, a limit on liability caps, or a rule on unfair contract terms), that right stands, this Agreement applies to it only to the extent the law allows, and the rest of this Agreement is unaffected; nothing in this Agreement excludes, restricts, or modifies such a right, and a statement in this Agreement that a remedy is exclusive, that fees are non-refundable, or that the Software is provided as is, applies only to the extent that law allows. Australia: our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service. To the extent section 64A of that law permits, our liability for a failure to comply with a guarantee is limited, at our option, to supplying the Software or the service again or paying the cost of doing so. New Zealand: if you acquire the Software in trade, you agree that the Consumer Guarantees Act 1993 and sections 9, 12A, 13, and 14(1) of the Fair Trading Act 1986 do not apply to this Agreement, and that this is fair and reasonable.

Kernstra is a product of PulsePoint Systems, LLC. Kernstra and the Kernstra logo are trademarks of PulsePoint Systems, LLC. Other names may be trademarks of their respective owners.

For licensing, sales, and support, visit https://kernstra.com or write to support@kernstra.com.