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SparkLogs Agent End User License Agreement

Last updated: June 26th, 2026

This End User License Agreement ("EULA") is a legal agreement between IT Lightning, LLC ("IT Lightning," "we," "us," or "our") and you, the individual or entity that installs or uses the SparkLogs Agent. It governs your installation and use of the SparkLogs Agent software, including any updates, upgrades, and accompanying documentation (the "Agent").

By installing, copying, or using the Agent, you agree to this EULA. If you do not agree, do not install or use the Agent.

Relationship to Terms of Service

This EULA supplements the IT Lightning Terms of Service available at Terms of Service (the "Terms"), which are incorporated into this EULA by reference. The Terms govern your account and the SparkLogs services generally. This EULA governs the Agent. The Agent is software accompanied by a EULA under the "Software" section of the Terms, and this EULA governs the Agent in place of the "Mobile Application License" section of the Terms. If this EULA and the Terms conflict with respect to the Agent, this EULA controls. Capitalized terms used but not defined in this EULA have the meanings given in the Terms.

1. Definitions

In this EULA: "Agent" means the SparkLogs Agent software in object code form, including any updates, upgrades, and accompanying Documentation. "Agent Policy" means the combined cloud-side and local configuration that governs the Agent's behavior. "Documentation" means the user guides and technical documentation we provide for the Agent. "Services" means the SparkLogs platform and services as defined in the Terms. "Subscription" means your active account and plan for the Services under the Terms, including any no-cost tier.

2. License Grant

Subject to your compliance with this EULA and the Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the Agent on systems you are authorized to manage, solely to connect to and use the Services during the term of your Subscription. The Agent is licensed, not sold. We reserve all rights not expressly granted in this EULA.

3. Deployment Authority

You may install and operate the Agent only on systems you own or are authorized to manage. By installing or directing installation of the Agent on any system, you represent and warrant that, for each such system, you either (a) own it, or (b) have the necessary authority and permission from its owner and operator to install, configure, operate, update, and remove the Agent and to collect and transmit data from it as contemplated by this EULA. You are responsible for all deployments you make or direct, including deployments on systems owned by your clients or other third parties, and for maintaining records sufficient to evidence your authority.

4. License Restrictions

You will not, and will not permit any third party to: (a) reverse engineer, decompile, or disassemble the Agent, or attempt to derive its source code, except to the extent applicable law expressly permits this despite this limitation; (b) modify, adapt, translate, or create derivative works of the Agent; (c) rent, lease, sell, sublicense, distribute, or otherwise transfer the Agent, except for deployments permitted under Section 3; (d) remove, alter, or obscure any proprietary notice on the Agent; (e) use the Agent to build or support a product or service that competes with the Agent or the Services; (f) circumvent or disable any security, licensing, or authentication mechanism of the Agent or the Services; or (g) use the Agent in violation of this EULA, the Terms, or applicable law.

5. Updates and Automatic Updates

The Agent may automatically check for, download, and install updates, including security updates, bug fixes, and new versions. You consent to these automatic updates. We may also require you to install updates in order to continue using the Agent with the Services. Updates are part of the Agent and subject to this EULA unless an update is accompanied by separate license terms, in which case those terms govern that update.

6. Data Collection and Agent Policy

The Agent collects and transmits data from the systems on which it runs according to the Agent Policy. You control the Agent Policy and are responsible for the data the Agent collects and transmits as a result. The Agent includes automated capabilities that detect and select data sources, such as log files and event channels, and apply default collection behavior. These capabilities operate within the Agent Policy and may be constrained, adjusted, or disabled through it. You acknowledge and accept that the Agent applies these automated capabilities as directed by the Agent Policy. Data handling after receipt is governed by the Privacy Policy and any applicable data processing agreement.

7. Agent Actions

The Agent may perform or initiate actions on the systems on which it runs, whether triggered directly by you or automatically pursuant to the Agent Policy, configuration, or other instructions you provide or approve, including any present or future automated diagnostic, remediation, or agentic capabilities ("Agent Actions"). You are solely responsible for all Agent Actions and their results. You are responsible for reviewing, scoping, testing, and authorizing any Agent Actions before enabling them, and for maintaining appropriate safeguards, approvals, and backups. We are not responsible for any loss, damage, downtime, or other consequence arising from Agent Actions, and the Agent is provided without warranty that Agent Actions will be correct, complete, or suitable for your environment.

8. Privileged Operation

The Agent may install and run as a system service or with elevated privileges in order to collect data and perform its functions. You are responsible for evaluating the Agent's privileges, behavior, and suitability for your environment before deployment and for operating it in accordance with your own security and change-management practices.

9. Third-Party and Open-Source Components

The Agent includes third-party and open-source software components licensed under their own terms. Those terms are identified in the Documentation or in a notices file distributed with the Agent and govern your use of those components. To the extent a third-party or open-source license conflicts with this EULA as to a given component, the third-party or open-source license controls for that component.

10. Ownership and Feedback

We and our licensors retain all right, title, and interest in and to the Agent, including all intellectual property rights. If you provide feedback or suggestions about the Agent, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without restriction or obligation to you.

11. Term and Termination

This EULA applies from the time you first install or use the Agent and continues until terminated. Your license ends automatically if your Subscription ends or if you breach this EULA or the Terms. We may also suspend or terminate your license as provided in the Terms. On termination, you must stop using the Agent and uninstall it from all systems. Any provisions that by their nature should survive termination will survive.

12. Disclaimer of Warranties

THE AGENT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE AGENT WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT IT WILL DETECT, COLLECT, OR TRANSMIT ANY PARTICULAR DATA. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE AGENT.

13. Compliance

The Agent can be used to support your compliance programs, but using the Agent does not by itself make you compliant with any law, regulation, or standard, including HIPAA, PCI DSS, or CMMC. You are responsible for your own compliance obligations and for configuring and using the Agent accordingly.

14. High-Risk Activities

The Agent is not designed or intended for use in hazardous or high-risk environments requiring fail-safe performance, including the operation of life-support systems, emergency response, aircraft navigation, or other activities where Agent failure could lead to death, personal injury, or severe physical or environmental damage. You will not use the Agent for these purposes, and we disclaim any express or implied warranty of fitness for them.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING FROM OR RELATED TO THE AGENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE AGENT WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE SERVICES DURING THE SIX (6) MONTH PERIOD BEFORE THE EVENT GIVING RISE TO THE CLAIM. THIS SECTION IS CONSISTENT WITH AND SUPPLEMENTS THE LIMITATIONS OF LIABILITY IN THE TERMS.

16. Indemnification

You will defend, indemnify, and hold harmless IT Lightning and its affiliates and their respective officers, directors, employees, and agents from and against any claim, loss, liability, damage, or expense (including reasonable attorneys' fees) arising from or related to (a) your deployment or use of the Agent, including any deployment on systems you do not own; (b) your breach of this EULA or the Terms; (c) the data the Agent collects or transmits under your Agent Policy; or (d) your violation of applicable law or the rights of any third party. This obligation is in addition to any indemnification obligations in the Terms.

17. Export Compliance

You represent, warrant, and covenant that: (a) you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to a comprehensive U.S. embargo or sanctions; (b) you are not identified on, and are not owned or controlled by a party identified on, any U.S. government restricted-party list, including the Specially Designated Nationals (SDN) List, the Denied Persons List, or the Entity List; (c) you will not export, reexport, transfer, or make the Agent available, directly or indirectly, to any such country, region, or party, or for any prohibited end use, including any use related to weapons of mass destruction or any prohibited military or military-intelligence end use; and (d) you will comply with all applicable export control and economic sanctions laws and regulations in connection with your use, deployment, and distribution of the Agent. You are responsible for export compliance for any deployment or transfer you make.

18. U.S. Government End Users

The Agent is "commercial computer software" and the Documentation is "commercial computer software documentation" as those terms are used in FAR 12.212 and DFARS 227.7202. If you are a U.S. government end user, you acquire the Agent and Documentation with only the rights granted to all other end users under this EULA, consistent with FAR 12.212 and DFARS 227.7202 and their successors.

19. General

This EULA, together with the Terms, is the entire agreement between you and us regarding the Agent and supersedes any prior or contemporaneous agreements on that subject. The governing law, dispute resolution, binding arbitration, class-action waiver, and limitation-of-action provisions in the Terms apply to this EULA. We may update this EULA, and any update applies to your use of the Agent on a going-forward basis as provided in the Terms. You may not assign this EULA without our prior written consent; we may assign it. If any provision of this EULA is held unenforceable, the remaining provisions remain in effect. Our failure to enforce any provision is not a waiver of it.

20. Contact

IT Lightning, LLC, 1500 N Grant St Ste N, Denver, CO 80203, United States. Email: help@sparklogs.com.