End User Licence Agreement

This End User Licence Agreement (“Agreement”) sets out the terms and conditions governing the use of the Sentry Threat Protection service and related software provided by DrayTek Corporation (“DrayTek”, “we”, “us”, or “our”).

By downloading, installing, activating, accessing, or using the Technology, you (“End User”, “you”, or “your”) agree to be bound by this Agreement. If you do not agree to these terms, you must not download, install, activate, access, or use the Technology.

No licence is granted under this Agreement for any software or technology that has not been lawfully obtained or is not an authorised copy supplied by DrayTek or its licensors.

In this Agreement, the following terms have the meanings set out below:

“Confidential Information” means any non-public information disclosed by one party to the other, whether before or after the Effective Date, that is identified as confidential or would reasonably be understood to be confidential by its nature. Confidential Information includes the Technology, Licence Keys, and the terms of this Agreement.

“Effective Date” means the date on which the Software is delivered, activated, downloaded, installed, or first used by the End User.

“Licence” means the limited right granted to the End User to use the Technology in accordance with this Agreement.

“Licence Key” means a code, token, or data string used to activate or authorise access to the Software.

“Personal Data” means any information relating to an identified or identifiable natural person.

“Privacy Law” means any applicable law, regulation, code, or regulatory requirement relating to the collection, use, disclosure, storage, transfer, or processing of Personal Data.

“Software” means the software applications, updates, upgrades, patches, and related documentation supplied by DrayTek under this Agreement.

“System” means the backend infrastructure and associated services used to deliver the cyber protection features, including the Software and any supporting cloud-based systems.

“Technology” means the Software, System, documentation, updates, upgrades, fixes, and related services provided by DrayTek.

1. Licence
   Subject to compliance with this Agreement and payment of all applicable fees, DrayTek grants you a limited, non-exclusive, non-transferable, revocable licence to:

    

   • install and use the Software;
   • activate the Software using a valid Licence Key; and
   • access and use the Technology during the term of this Agreement.
2. Restrictions
   Except as expressly permitted by law or this Agreement, you must not:

    

   • copy, reproduce, modify, adapt, or create derivative works from the Technology;
   • reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Technology;
   • sell, licence, lease, distribute, sublicence, publish, or otherwise make the Technology available to any third party;
   • use the Technology to develop or support any competing product or service;
   • use the Technology unlawfully or in breach of any applicable law or regulation;
   • attempt to gain unauthorised access to the Technology or related systems;
   • use automated tools, scripts, bots, or data mining techniques in connection with the Technology;
   • upload or transmit malicious code, malware, or harmful content;
   • interfere with or disrupt the operation, security, or availability of the Technology; or
   • permit any third party to do any of the above.
3. Suspension or Termination
   DrayTek may suspend, restrict, or terminate access to the Technology immediately if you breach this Agreement.
4. Security Obligations
   You must take reasonable steps to prevent unauthorised access to or use of the Technology and must notify DrayTek promptly of any suspected unauthorised use.
5. Open Source and Distribution Restrictions
   You must not use the Technology in any manner that would require DrayTek to disclose or distribute the source code of the Software.

1. Term
   This Agreement begins on the Effective Date and continues until terminated in accordance with this section.
2. Termination for Breach
   Either party may terminate this Agreement immediately by written notice if the other party materially breaches this Agreement and fails to remedy the breach where capable of remedy.

Upon termination of this Agreement:

• all rights granted under this Agreement immediately cease;
• you must stop using the Technology;
• Licence Keys may be revoked and the Software may cease to function; and
• any support, maintenance, or consulting services provided by DrayTek will end.

Sections relating to intellectual property, confidentiality, warranties, liability, privacy, indemnities, and dispute resolution will survive termination.

1. Ownership
   All intellectual property rights in the Technology are owned by DrayTek and/or its licensors. This Agreement does not transfer ownership of any intellectual property rights to you.
2. Protection of Rights
   You must not remove or alter any copyright, trademark, or proprietary notices contained within the Technology.
3. Third-Party Services
   The Technology may rely on third-party infrastructure or cloud services. DrayTek is not responsible for interruptions, failures, or security issues arising from third-party services outside its reasonable control.
4. Third-Party Software
   Certain components of the Technology may be subject to separate third-party licence terms. Where applicable, those third-party terms will apply in addition to this Agreement.

1. Service Standard
   DrayTek will use commercially reasonable efforts to provide the Technology with reasonable skill and care.
2. Exclusions
   The warranty above does not apply where issues arise from:
   • misuse of the Technology;
   • use contrary to DrayTek’s instructions; or
   • use in breach of this Agreement.
3. Internet and Network Limitations
   You acknowledge that the Technology depends on internet and communications infrastructure and may be affected by delays, outages, or interruptions beyond DrayTek’s control.
4. Disclaimer
   To the fullest extent permitted by law, the Technology is provided “as is” and “as available”.
   DrayTek disclaims all warranties, whether express, implied, or statutory, including warranties of:
   • merchantability;
   • fitness for a particular purpose;
   • non-infringement;
   • uninterrupted availability; and
   • accuracy or completeness of analysis, alerts, or security insights.

   DrayTek does not guarantee that the Technology will be error-free, uninterrupted, or capable of preventing all cyber threats or security incidents.

5. Cybersecurity Service Disclaimer
   You acknowledges that cybersecurity threats continuously evolve and that no cybersecurity product or service, including the Technology, can guarantee complete protection against all threats, vulnerabilities, or unauthorized access. Security features provided through the Technology are intended to reduce risk but do not eliminate all risks. Detection mechanisms may generate false positives or false negatives, and DrayTek does not guarantee that all malicious activities will be detected or that legitimate activities will not be blocked.

   Threat intelligence, analytics, and automated responses provided through the Technology are based on available data and algorithms and may not always be complete, accurate, or up to date.

   DrayTek shall not be liable for any damages resulting from security incidents caused by factors beyond its reasonable control, including but not limited to zero-day vulnerabilities, user misconfiguration, network conditions, or third-party services.

1. Use at Your Own Risk
   Your use of the Technology is entirely at your own risk.
2. Force Majeure
   DrayTek is not liable for any delay, interruption, or failure caused by events beyond its reasonable control, including internet outages, telecommunications failures, natural disasters, industrial disputes, acts of government, war, or power failures.
3. Exclusion of Liability
   To the maximum extent permitted by law, DrayTek will not be liable for:

    

   • loss of profits;
   • loss of business;
   • loss of goodwill;
   • loss or corruption of data;
   • indirect or consequential loss; or
   • any special, incidental, punitive, or exemplary damages.
4. Liability Cap
   DrayTek’s total aggregate liability arising out of or in connection with this Agreement will not exceed the fees paid by you for the Technology during the 12 months preceding the event giving rise to the claim.

Each party must:

• keep the other party’s Confidential Information confidential;
• use Confidential Information only for the purposes of this Agreement; and
• disclose Confidential Information only to personnel or contractors who need to know it and who are bound by confidentiality obligations.

These obligations do not apply to information that:

• is publicly available through no fault of the receiving party;
• was already lawfully known to the receiving party;
• is independently developed; or
• is lawfully obtained from a third party without restriction.

Confidentiality obligations continue for three years after disclosure, except in relation to Licence Keys, Technology, and the terms of this Agreement, which remain confidential indefinitely.

1. Compliance with Privacy Laws
   Both parties must comply with applicable Privacy Laws.
   DrayTek may process Personal Data as both a data controller and data processor in connection with providing the Technology.
2. End User Responsibilities
   You are responsible for obtaining all required consents and providing all necessary privacy notices relating to Personal Data supplied to DrayTek.
3. Categories of Data Processed
   Personal Data processed by DrayTek may include:

    

   • device identifiers and metadata;
   • IP and MAC addresses;
   • DNS query information;
   • threat and security event logs; and
   • network configuration settings.
4. Purpose of Processing
   DrayTek may process Personal Data for purposes including:

    

   • threat detection and prevention;
   • network and content filtering;
   • security analytics;
   • service improvement; and
   • operational support.
5. Subprocessors
   DrayTek may engage third-party subprocessors to support delivery of the Technology. DrayTek will take reasonable steps to ensure such subprocessors comply with applicable data protection obligations.
6. Retention
   Personal Data will be retained only for as long as necessary for the relevant processing purpose or as required by law.
7. Deletion or Return of Data
   Upon termination of this Agreement or cessation of processing purposes, DrayTek will, where reasonably practicable and legally permitted, delete, anonymise, or return Personal Data at your request.

You must comply with all applicable export control and sanctions laws relating to the use of the Technology.

You must not use, export, or transfer the Technology in violation of any applicable export laws or for prohibited purposes, including the development of weapons or prohibited technologies.

You agree to indemnify and hold harmless DrayTek, its affiliates, licensors, and personnel against any claims, losses, damages, liabilities, costs, or expenses arising from:

• your use of the Technology;
• your breach of this Agreement; or
• your violation of applicable laws or third-party rights.

This Agreement is governed by the laws of Taiwan (Republic of China), excluding conflict of law rules.

Any dispute arising out of or in connection with this Agreement will be subject to the exclusive jurisdiction of the courts of Taiwan unless the parties agree to resolve the dispute through arbitration in Taiwan.

1. Assignment
   You may not assign or transfer your rights or obligations under this Agreement without DrayTek’s prior written consent.
2. Relationship of the Parties
   Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between the parties.
3. Severability
   If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
4. Entire Agreement
   This Agreement constitutes the entire agreement between the parties relating to the Technology and supersedes all prior discussions, understandings, or agreements relating to its subject matter.
5. Amendments
   Any amendment to this Agreement must be made in writing and agreed by both parties.
6. Notices
   Any notice under this Agreement must be given in writing and delivered by hand, courier, or registered post to the relevant party’s notified address.