Product License Agreement / EULA and Warranty Terms

Trademarks and Copyright Statement

Penetrum LLC and Malcore are registered trademarks of Penetrum LLC. All other product or company names may be trademarks of their respective owners. © 2022 Penetrum LLC Pty Ltd, all rights reserved. Contents and terms are subject to change by Penetrum LLC without prior notice. No part of this publication may be reproduced in any form or used to make any derivative works without permission, as stipulated by the U.S. Copyright Act of 1976.

Product License Agreement

The parties to this agreement are you, the end customer, and either: (i) Penetrum LLC (for purchases within the Americas) or (ii) Penetrum LLC Pty Ltd (for purchases outside the Americas). Use of Penetrum LLC product(s) and updates—including hardware, software, or firmware—constitutes your acceptance of this agreement. If you do not agree, do not install or use the product and return it for a full refund within five (5) calendar days.

1. License Grant

This license allows you to use the software solely for internal business use, including use as a managed service provider, on a single authorized device. This is not a sale. You do not receive any ownership rights to the software. Use is restricted to the device originally provided with the software or licensed as described in the documentation.

2. Limitation on Use

You may not reverse engineer, sublicense, lease, rent, or distribute the software, or remove any proprietary notices. Corporations must ensure their employees and contractors comply.

3. Proprietary Rights

All software and product intellectual property remains with Penetrum LLC. No ownership is transferred to you.

4. Term and Termination

Unless otherwise stated (e.g., beta or evaluation licenses), the license lasts as long as Penetrum LLC’s copyright remains. Violating the terms results in immediate termination, requiring destruction or return of all licensed materials.

5. Transfer

Only authorized resellers may transfer software to a single end user under strict compliance, including providing a copy of this agreement and abiding by export laws. Unauthorized resellers still assume legal responsibility by selling the product.

6. Limited Warranty

The product is warranted to the original purchaser only. Software must be registered within 365 days for warranty activation. Hardware warranties may last up to five years for select devices. Warranty claims must be submitted in writing within the applicable window. Replacement products may be refurbished.

7. Disclaimer of Other Warranties and Restrictions

Except for the limited warranty, products are provided “as-is.” This includes any evaluation or donation-based software. These may contain bugs, and their use is at your own risk.

8. Governing Law

This agreement is governed by the laws of New South Wales, Australia. All disputes are to be resolved in courts located in Alexandria, Virginia.

9. Limitation of Liability

Penetrum LLC is not liable for any damages—including data loss, security breaches, or property damage—related to the product, even if warned of potential damages. Your sole remedy is repair, replacement, or refund.

10. U.S. Export Compliance; FCPA Compliance

Products may be subject to United States export control laws, including the U.S. Export Administration Regulations (EAR), and other applicable U.S. regulations. You agree to comply with all U.S. export and re-export laws and regulations and not to export, re-export, or transfer the Products to any prohibited destination, entity, or individual without proper authorization from the U.S. government. For more information, visit the Bureau of Industry and Security (BIS).

You further represent and warrant compliance with the U.S. Foreign Corrupt Practices Act (FCPA), and that the Products will not be provided to, or used for the benefit of, any U.S. government officials or entities in a manner that would violate anti-bribery or corruption laws.

11. U.S. Government End Users

Software is considered "commercial computer software" and is governed by the terms of this agreement under DFARS and FAR regulations.

12. Tax Liability

You are responsible for any sales or use taxes applicable to this transaction.

13. General Provisions

This agreement is non-transferable without written consent. Amendments must be in writing and signed by Penetrum LLC’s General Counsel. If any provision is unenforceable, the rest remains in effect.

14. Privacy

By accepting this agreement, you consent to the collection and transfer of personal information to Penetrum LLC’s offices in the U.S. For more, see our Privacy Policy.