END USER LICENSE AGREEMENT
NetGlobe
Van Dien io LLC
PLEASE READ THIS END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE INSTALLING OR USING NETGLOBE. BY INSTALLING, COPYING, OR OTHERWISE USING NETGLOBE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE NETGLOBE.
1. Parties
This Agreement is entered into between Van Dien io LLC, a limited liability company organized under the laws of the State of New Jersey (“Licensor,” “we,” “us,” or “our”), and you, the individual end user (“Licensee” or “you”). This Agreement governs your use of the NetGlobe desktop software application and any associated documentation, updates, or supplemental services (collectively, the “Software”). This Agreement does not govern any other Van Dien io product (such as DropFile), each of which is licensed under its own agreement.
2. Grant of License
Subject to the terms and conditions of this Agreement, Van Dien io LLC hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one (1) copy of NetGlobe on a single computer owned or controlled by you, solely for your personal, non-commercial purposes.
This license does not include the right to:
- Copy or reproduce the Software except as expressly permitted herein;
- Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software;
- Rent, lease, lend, sell, sublicense, assign, or otherwise transfer the Software or any rights therein to any third party;
- Remove or alter any proprietary notices, labels, or marks on the Software;
- Use the Software for any commercial purpose, or in a service-bureau, software-as-a-service, or other arrangement that provides the Software’s functionality to third parties as a paid offering.
Different terms may apply if you obtain the Software under a separate volume, team, or commercial license issued by Van Dien io LLC. In that case, the terms of that separate license govern the rights granted to you, and this Agreement supplements (but does not replace) them except to the extent of any direct conflict.
3. Ownership and Intellectual Property
The Software is licensed, not sold. Van Dien io LLC retains all right, title, and interest in and to NetGlobe, including all intellectual property rights therein. This Agreement does not convey to you any ownership interest in the Software. All rights not expressly granted herein are reserved by Van Dien io LLC.
4. Network Monitoring and Authorization
NetGlobe is a network-intelligence application. By design, it inspects the network activity of the device on which it is installed, enriches that information using a bundled local GeoIP database and optional third-party feeds, and displays the result in a local-only user interface.
You are solely responsible for ensuring that you have the authority to install and operate the Software on the device(s) and network(s) on which you use it, including any employer-owned, school-owned, shared, or otherwise third-party-controlled device or network. Van Dien io LLC is not responsible for your use of the Software in a manner that exceeds the authority you have on any device or network.
5. Payment and Pricing
NetGlobe is distributed through the Apple Mac App Store and the Microsoft Store. Where the Software is offered as a one-time purchase, the following terms apply:
- All fees are quoted in U.S. Dollars (USD), unless the store presents another currency, and are due at the time of purchase;
- Your purchase is complete upon receipt of full payment by the store and delivery of the Software through the store;
- Prices are subject to change without notice; however, any change will not affect purchases already completed;
- Van Dien io LLC does not provide ongoing software updates or new version upgrades as part of a one-time purchase unless explicitly stated at the time of sale, or unless those updates are delivered by the store under its standard terms.
6. Refund Policy
Refunds for purchases of the Software made through the Apple Mac App Store or Microsoft Store are administered by the applicable store under its own refund policy. Please request refunds directly through the store from which you obtained the Software.
Where, in Van Dien io LLC’s sole discretion, a direct refund is offered outside of a store mechanism, the following circumstances are typically considered:
- You request a refund within fourteen (14) days of your original purchase date;
- The Software fails to function as described and the issue cannot be resolved through reasonable technical support;
- You have not used the Software beyond initial installation and testing.
7. Data Collection and Privacy
NetGlobe is local-first. The Software runs entirely on your device, opens an HTTP server only on the loopback interface (127.0.0.1), and renders its user interface in your default browser. By default, NetGlobe does not create user accounts, transmit telemetry, or synchronize any data to a cloud service operated by Van Dien io LLC.
The Software may make outbound network calls only for the features you enable (for example, threat-intelligence feeds, internet-health and outage data, WHOIS / RDAP lookups, speed tests, and GeoIP database updates). Every external URL the Software may contact is listed in Settings → External Endpoints (advanced) and may be disabled, repointed to a private mirror, or replaced.
Information you choose to send Van Dien io LLC directly (for example, support correspondence at netglobesupport@vandien.io or info@vandien.io, or a submission to the launch mailing list at netglobe.io) is handled in accordance with the NetGlobe Privacy Policy, which is incorporated into and forms part of this Agreement.
8. Third-Party Components and Feeds
The Software incorporates third-party components (such as the bundled GeoIP database) and may connect to third-party network services that you enable (such as threat-intelligence feeds, internet-health feeds, WHOIS / RDAP servers, or public speed-test endpoints), each subject to its own terms. Van Dien io LLC does not control and is not responsible for the content, availability, accuracy, or terms of any third-party component or service.
9. Updates
The Software is distributed through the Apple Mac App Store and the Microsoft Store. Updates are delivered through those platforms according to their respective update mechanisms. By using the Software you consent to receive such updates. The Software does not run a separate self-updater. Older versions of the Software may stop functioning when superseded.
10. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VAN DIEN IO LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. VAN DIEN IO LLC DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, OR BE ERROR-FREE.
WITHOUT LIMITING THE FOREGOING, VAN DIEN IO LLC DOES NOT WARRANT THAT ANY GEOLOCATION, NETWORK OWNER, THREAT INDICATOR, CERTIFICATE STATUS, ROUTE, LATENCY, THROUGHPUT, OR OTHER INFORMATION PRODUCED BY THE SOFTWARE IS ACCURATE, COMPLETE, OR CURRENT. THE SOFTWARE IS A DIAGNOSTIC AID; YOU ARE RESPONSIBLE FOR THE DECISIONS YOU MAKE IN RELIANCE ON IT.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VAN DIEN IO LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL VAN DIEN IO LLC’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE EXCEED THE GREATER OF (A) THE AMOUNT ACTUALLY PAID BY YOU FOR NETGLOBE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY U.S. DOLLARS (US$50).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the above limitations may not apply to you to the extent required by law.
12. Indemnification
You agree to indemnify, defend, and hold harmless Van Dien io LLC and its members, managers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Software in violation of this Agreement; (b) your violation of any applicable law or regulation, including any law or regulation governing network monitoring; (c) your use of the Software on any device or network for which you do not have the necessary authority; or (d) any third-party claims arising from your use of the Software.
13. Export Compliance
You may not use, export, or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported to any country subject to a comprehensive U.S. embargo or to anyone on a U.S. government list of restricted parties.
14. Termination
This Agreement is effective from the date you first install or use the Software and shall remain in effect until terminated. Van Dien io LLC may terminate this Agreement immediately and without notice if you materially breach any provision hereof.
Upon termination, you must immediately cease all use of the Software and destroy all copies in your possession or control. Sections 3, 4, 7, 8, 10, 11, 12, 13, 15, and 16 shall survive termination of this Agreement.
15. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, or validity thereof shall be subject to the exclusive jurisdiction of the state and federal courts located in New Jersey, and you consent to personal jurisdiction in such courts.
16. Store-Specific Terms
16.1 Apple Mac App Store
If you obtained the Software from the Apple Mac App Store, the following additional terms apply: this Agreement is between you and Van Dien io LLC only, and not with Apple Inc. (“Apple”); Apple is not responsible for the Software or its content; Apple has no obligation to provide maintenance or support for the Software; in the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price to you (to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software); Apple is not responsible for addressing any claims by you or any third party relating to the Software; and Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you.
16.2 Microsoft Store
If you obtained the Software from the Microsoft Store, your use is additionally subject to the Microsoft Store Terms of Sale and any applicable Microsoft Store policies. Microsoft Corporation is not a party to this Agreement.
17. General Provisions
17.1 Entire Agreement
This Agreement, together with the NetGlobe Privacy Policy and any separate license under which you obtained the Software, constitutes the entire agreement between you and Van Dien io LLC with respect to NetGlobe and supersedes all prior or contemporaneous understandings, negotiations, representations, or agreements, whether oral or written.
17.2 Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
17.3 Waiver
No failure or delay by Van Dien io LLC in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof.
17.4 Assignment
You may not assign or transfer this Agreement, by operation of law or otherwise, without Van Dien io LLC’s prior written consent. Van Dien io LLC may assign this Agreement at its discretion.
17.5 Updates to This Agreement
Van Dien io LLC reserves the right to update or modify this Agreement at any time. We will notify you of material changes by posting the updated Agreement on our website or through the Software. Your continued use of the Software after such notification constitutes your acceptance of the revised Agreement.
18. Contact Information
If you have any questions about this Agreement, please contact:
Van Dien io LLC
New Jersey, United States
Website: www.vandien.io
Product: www.netglobe.io
Email: info@vandien.io
Product support: netglobesupport@vandien.io
By installing or using NetGlobe, you acknowledge that you have read, understood, and agree to be bound by this End User License Agreement.