PULSE ENDPOINT END USER LICENSE AGREEMENT

Last Updated: April 24, 2026

PLEASE READ THIS END USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING PULSE ENDPOINT. BY DOWNLOADING, INSTALLING, OR USING PULSE ENDPOINT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.

This Agreement is between the individual or entity accepting these terms ("Licensee," "You," or "Your") and Qlab Software LLC, a California limited liability company ("Company," "Qlab," "We," "Us," or "Our").

If You are accepting this Agreement on behalf of an organization, You represent and warrant that You have the authority to bind that organization to this Agreement.

1. DEFINITIONS

"Software" means the Pulse Endpoint application, including any updates, patches, documentation, and related files provided by Qlab.

"Device" means a single Apple Mac computer running macOS.

"License Key" means the digital key issued by Qlab that activates the Software for use under a specific license tier.

"License Type" means the category of license issued to You, as identified by Qlab (for example: Trial, Beta, Starter, Business, or Enterprise).

"Authorized Devices" means the maximum number of Devices permitted under Your License Type.

"Documentation" means any user guides, technical references, or instructions provided by Qlab in connection with the Software.

"Metrics Data" means the system performance data collected by the Software, including but not limited to CPU, memory, disk, network, GPU, power, and process information.

"Order Form" means any separately executed ordering document between You and Qlab referencing this Agreement, including enterprise license agreements, master service agreements, or purchase orders.

2. LICENSE GRANT

Subject to Your compliance with this Agreement and payment of applicable fees, Qlab grants You a limited, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the Software in accordance with the License Type You have been issued.

2.1 Trial License

The Software may be used free of charge for an evaluation period of thirty (30) calendar days from the date of first installation ("Trial Period"). The Trial License provides full access to all Software features for evaluation purposes. Upon expiration of the Trial Period, You must either purchase a commercial license or cease all use of the Software and delete all copies. The Trial License is limited to one (1) trial per organization. Trial use in production environments is permitted for evaluation purposes only.

2.2 Beta License

Where Qlab makes the Software or a specific feature available as a pre-release beta, Qlab may issue You a Beta License. Beta Licenses are governed by the additional terms in Section 2.7 (Beta License Terms).

2.3 Starter License

Permits installation and use of the Software on up to one hundred (100) Devices owned or controlled by Your organization.

2.4 Business License

Permits installation and use of the Software on up to five hundred (500) Devices owned or controlled by Your organization.

2.5 Enterprise License

Permits installation and use of the Software on an unlimited number of Devices owned or controlled by Your organization, subject to the terms of Your individual Enterprise agreement.

2.6 License Scope

All commercial licenses are granted per organization, not per individual user. A single License Key may be deployed across all Authorized Devices within Your organization. Licenses are valid for the subscription term specified at the time of purchase (typically one year) and must be renewed for continued use.

2.7 Beta License Terms

If You have been issued a Beta License, the following terms apply in addition to the other provisions of this Agreement. In the event of a conflict between this Section 2.7 and any other provision of this Agreement, this Section 2.7 controls for so long as Your Beta License remains active.

(a) Pre-Release Software. Software provided under a Beta License is under active development and may contain bugs, errors, incomplete features, or instability. Beta releases may behave differently from any generally available version. Qlab makes no guarantees regarding uptime, reliability, data integrity, or feature availability for Beta Licenses.

(b) Discretionary Access. Beta Licenses are provided at no charge and at Qlab's sole discretion. Qlab may modify, suspend, or discontinue any beta program — or revoke any individual Beta License — at any time, for any reason, without notice or liability. A Beta License does not guarantee access to any future generally available release.

(c) No Support Obligation. Qlab may provide support to Beta License holders on a best-effort basis but is under no obligation to do so. No service level agreements apply to Beta Licenses.

(d) Feedback. Beta License holders may be asked to provide feedback, bug reports, or feature suggestions, which are governed by Section 7.4.

(e) No Fees. No license fees apply to a Beta License during its authorized duration. Beta License holders will be notified and given the opportunity to purchase a commercial license when the applicable Software or feature is generally available. If You do not purchase a commercial license, Your Beta License will end and You must cease use of the Software and delete all copies.

2.8 Order Forms

Where You and Qlab have executed an Order Form referencing this Agreement, the terms of that Order Form shall apply in addition to this Agreement. In the event of a conflict between this Agreement and an Order Form, the Order Form controls, but only with respect to the specific license governed by that Order Form.

3. FEES AND PAYMENT

3.1 License Fees

License fees are as set forth on the Qlab website or in a separate Order Form or purchase agreement between You and Qlab. All fees are quoted in U.S. dollars unless otherwise specified.

3.2 Payment Methods

Payments are processed via Stripe or by purchase order ("PO") as agreed between You and Qlab. Purchase order customers are subject to net-30 payment terms unless otherwise specified in writing.

3.3 Renewal

Licenses are valid for the subscription term specified at the time of purchase (typically one year). Licenses do not renew automatically. Qlab will notify You prior to the expiration of Your license term. If You do not purchase a renewal, the License Key will expire and the Software will revert to an unlicensed state.

3.4 Taxes

All fees are exclusive of taxes. You are responsible for all applicable taxes, duties, and levies, excluding taxes based on Qlab's net income.

3.5 Refund Policy

All license fees are non-refundable. Because Qlab provides a thirty (30) day free trial with full feature access, no refunds will be issued for purchased licenses. This policy does not affect any statutory rights that may apply in Your jurisdiction.

4. RESTRICTIONS

You shall NOT:

(a) Copy, modify, adapt, or create derivative works of the Software;

(b) Reverse engineer, disassemble, decompile, or attempt to derive the source code of the Software, except to the extent expressly permitted by applicable law notwithstanding this limitation;

(c) Remove, alter, or obscure any proprietary notices, labels, or trademarks on the Software;

(d) Sublicense, sell, resell, lease, rent, loan, or distribute the Software or License Key to any third party;

(e) Share, publish, or transfer Your License Key to any organization other than the one to which it was issued;

(f) Use the Software to develop a competing product or service;

(g) Publish, disclose, or disseminate the results of any benchmark or competitive analysis of the Software without prior written consent from Qlab (internal benchmarking for Your own evaluation is permitted);

(h) Use the Software on more Devices than permitted by Your License Type;

(i) Circumvent any technical limitations, license enforcement mechanisms, or access controls in the Software;

(j) Place the Software on any publicly accessible server or repository; or

(k) Use the Software in any manner that violates applicable law.

5. DATA COLLECTION AND PRIVACY

5.1 Privacy Policy

Your use of the Software is subject to Qlab's Privacy Policy, available at pulseformac.dev/privacy. The Privacy Policy describes in detail what data the Software collects, how it is transmitted and stored, and Your rights regarding that data. The Privacy Policy is incorporated into this Agreement by reference.

5.2 Metrics Data

The Software collects system performance metrics ("Metrics Data") locally on each Device. Metrics Data is stored locally and is transmitted only to destinations that You explicitly configure (e.g., a Splunk HTTP Event Collector endpoint). Qlab does not collect, receive, store, or have access to Your Metrics Data. This local-only architecture applies throughout the lifecycle of the Software, including during uninstallation and termination — the Software does not transmit Metrics Data to Qlab under any circumstances.

5.3 Device Heartbeat

After a License Key is validated, the Software sends a lightweight heartbeat to Qlab's licensing server once every 24 hours over HTTPS for device visibility and license seat counting. The heartbeat contains only non-identifying technical metadata as described in the Privacy Policy. No Metrics Data, user activity, or personally identifiable information beyond the license email is transmitted. The heartbeat is fire-and-forget and never blocks the Software.

5.4 Licensee Responsibility

You are solely responsible for: (a) Ensuring Your use of the Software complies with all applicable privacy, data protection, and employee monitoring laws and regulations in each jurisdiction where the Software is deployed; (b) Providing any required notices to, or obtaining any required consent from, individuals whose Devices are monitored by the Software; (c) Establishing and enforcing appropriate data retention, access control, and security policies for Metrics Data; and (d) Any Metrics Data that You collect, store, transmit, or process using the Software. Qlab shall have no liability for Your failure to comply with applicable laws regarding the collection or use of Metrics Data.

5.5 Data Processing Addendum

For enterprise customers subject to GDPR, CCPA, or similar data protection regulations, Qlab makes a standard Data Processing Addendum available upon written request to support@pulseformac.com.

5.6 Client-Side Operation

The Software operates client-side on Your Devices and does not require continuous availability of Qlab's servers to function. The Software will continue to collect Metrics Data, transmit Metrics Data to destinations You have configured, and operate normally even if Qlab's licensing or heartbeat infrastructure is temporarily unavailable. A non-blocking informational banner may appear after thirty (30) days without licensing server connectivity, but monitoring functionality is not impaired.

5.7 Security Incident Notification

Qlab will notify affected Licensees without undue delay, and in any event within seventy-two (72) hours, after becoming aware of any unauthorized access to, or disclosure of, heartbeat data attributable to such Licensees. Because the Software does not transmit Metrics Data to Qlab, this notification obligation does not apply to Metrics Data, which remains at all times under Your sole control.

6. ENTERPRISE AND MDM DEPLOYMENT

6.1 Organizational Deployment

Commercial license holders may deploy the Software across their organization using mobile device management ("MDM") solutions, package installers, or other enterprise deployment tools. License Keys may be distributed via MDM configuration profiles.

6.2 Headless and Background Operation

The Software supports headless mode, in which it operates in the background without a visible user interface. When deployed in headless mode, the Software collects Metrics Data and transmits it to configured destinations without requiring user interaction on the monitored Device.

6.3 Administrator Responsibility

If You deploy the Software to Devices used by other individuals (such as employees or contractors), You are responsible for:

(a) Informing those individuals that monitoring software is installed and operating on their Devices;

(b) Complying with all applicable employment, privacy, and monitoring laws; and

(c) Configuring the Software in accordance with Your organization's policies and applicable legal requirements.

7. INTELLECTUAL PROPERTY

7.1 Ownership

The Software, including all code, design, graphics, documentation, and related materials, is the exclusive property of Qlab and is protected by copyright, trademark, trade secret, and other intellectual property laws.

7.2 No Transfer of Rights

This Agreement does not grant You any ownership rights in the Software. All rights not expressly granted herein are reserved by Qlab.

7.3 Trademarks

"Pulse Endpoint" and "Qlab" are trademarks of Qlab Software LLC. You may not use these marks without prior written consent, except to identify the Software in connection with Your authorized use.

7.4 Feedback

If You provide Qlab with feedback, suggestions, or improvement ideas ("Feedback"), Qlab may use such Feedback without obligation or compensation to You. You retain no intellectual property rights in any changes to the Software inspired by Your Feedback.

8. TERM AND TERMINATION

8.1 Term

This Agreement is effective upon Your first use of the Software and continues for the duration of Your license term, subject to renewal.

8.2 Termination by You

You may terminate this Agreement (a) at any time, for any reason, by ceasing use of the Software and deleting all copies from all Devices; or (b) for cause, immediately upon written notice, if Qlab materially breaches this Agreement and fails to cure such breach within fifteen (15) days of receiving written notice thereof. In the case of termination for cause under clause (b), Qlab shall refund any prepaid fees for the unused portion of Your then-current license term on a pro-rata basis. Except as set forth in the preceding sentence, no refund will be issued for termination.

8.3 Termination by Qlab

Qlab may terminate this Agreement immediately upon written notice if You breach any term of this Agreement and fail to cure such breach within fifteen (15) days of receiving notice.

8.4 Effect of Termination

Upon termination: (a) All license rights granted herein immediately cease; (b) You must immediately stop using the Software and delete all copies from all Devices; (c) You must destroy or return any License Keys in Your possession; and (d) Sections 3 (Fees and Payment), 4 (Restrictions), 5 (Data Collection and Privacy, including Sections 5.6 and 5.7 solely with respect to events occurring prior to termination), 6.3 (Administrator Responsibility), 7 (Intellectual Property), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Indemnification), 12 (Export Compliance), and 14 (General Provisions) shall survive termination.

8.5 Effect on Metrics Data

Termination of this Agreement does not automatically delete Metrics Data stored locally on Your Devices or at any configured upload destinations. You are responsible for managing and deleting Your Metrics Data.

9. DISCLAIMER OF WARRANTIES

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QLAB DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND RELIABILITY.

QLAB DOES NOT WARRANT THAT THE SOFTWARE WILL: (A) MEET YOUR REQUIREMENTS; (B) OPERATE WITHOUT INTERRUPTION OR ERROR; (C) BE COMPATIBLE WITH YOUR SYSTEMS, HARDWARE, OR THIRD-PARTY SOFTWARE; OR (D) BE FREE OF HARMFUL COMPONENTS.

YOU ACKNOWLEDGE THAT THE SOFTWARE MONITORS SYSTEM PERFORMANCE AND THAT METRIC ACCURACY MAY VARY BASED ON SYSTEM CONFIGURATION, HARDWARE, AND OPERATING SYSTEM VERSION.

10. LIMITATION OF LIABILITY

10.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR EXCLUDED CLAIMS (AS DEFINED BELOW), IN NO EVENT SHALL QLAB BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY.

10.2 Liability Cap

EXCEPT FOR EXCLUDED CLAIMS, QLAB'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATEST OF:

(I) THE AMOUNTS YOU ACTUALLY PAID TO QLAB FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM;

(II) TEN THOUSAND U.S. DOLLARS (USD $10,000) IF YOUR LICENSE TYPE IS A TRIAL LICENSE OR BETA LICENSE AT THE TIME THE CLAIM AROSE; OR

(III) FIFTY THOUSAND U.S. DOLLARS (USD $50,000) FOR ALL OTHER LICENSEES.

10.3 Excluded Claims

"Excluded Claims" means: (a) Licensee's indemnification obligations under Section 11; (b) Licensee's breach of Section 4 (Restrictions); (c) either party's gross negligence, willful misconduct, or fraud; and (d) Licensee's infringement or misappropriation of Qlab's intellectual property rights.

10.4 Application of Limitations

THE LIMITATIONS IN THIS SECTION 10 APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF QLAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS IN THIS SECTION 10 ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, QLAB'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Qlab and its officers, directors, employees, members, and agents from and against any and all third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

(a) Your use of the Software;

(b) Your breach of this Agreement;

(c) Your violation of any applicable law or regulation;

(d) Your violation of any third-party rights;

(e) Any Metrics Data You collect, store, transmit, or process using the Software; or

(f) Your failure to comply with applicable employee monitoring, privacy, or data protection laws.

This Section 11 shall not apply to claims to the extent arising from Qlab's own material breach of this Agreement, Qlab's gross negligence, or Qlab's willful misconduct.

12. EXPORT COMPLIANCE

You agree to comply with all applicable U.S. and international export laws and regulations. You represent and warrant that You are not: (a) located in, or a resident or national of, any country subject to a U.S. government embargo; or (b) listed on any U.S. government restricted party list, including the Specially Designated Nationals List or the Entity List.

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13.2 Jurisdiction

Any dispute arising out of or related to this Agreement shall be resolved exclusively in the state or federal courts located in the State of California. You consent to the personal jurisdiction of such courts and waive any objection to venue.

13.3 Equitable Relief

Notwithstanding the foregoing, Qlab may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

14. GENERAL PROVISIONS

14.1 Entire Agreement

This Agreement, together with any applicable Order Form or purchase agreement, constitutes the entire agreement between You and Qlab regarding the Software and supersedes all prior or contemporaneous agreements, proposals, or representations.

14.2 Amendments

Qlab may update this Agreement from time to time. Qlab will provide reasonable notice of any material changes via the Qlab website or by email to the address associated with Your license at least thirty (30) days before such changes take effect. If You do not agree to the material changes, Your sole remedy is to terminate this Agreement and cease use of the Software before the changes take effect; any unused prepaid fees for the remainder of Your then-current license term will be refunded on a pro-rata basis. Continued use of the Software after the effective date of the changes constitutes acceptance of the updated terms. Non-material changes (such as corrections of typographical errors or clarifications) may be made without advance notice.

14.3 Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14.4 Waiver

The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of that provision or the right to enforce it at a later time.

14.5 Assignment

You may not assign or transfer this Agreement or any rights hereunder without the prior written consent of Qlab. Qlab may assign this Agreement without restriction. Any attempted assignment in violation of this section is void.

14.6 No Agency

This Agreement does not create any agency, partnership, joint venture, or employment relationship between the parties.

14.7 Force Majeure

Neither party shall be liable for any failure or delay in performance (other than payment obligations) to the extent caused by events beyond its reasonable control, including acts of God, war, terrorism, riots, pandemics, labor conditions, governmental actions, power failures, internet disturbances, and failures of third-party infrastructure providers.

14.8 Notices

Any notices required under this Agreement shall be sent to the email address associated with Your account or license. Notices to Qlab shall be sent to: support@pulseformac.com.

15. CONTACT

For questions about this Agreement, contact:

Qlab Software LLC
Email: support@pulseformac.com
Website: https://pulseformac.dev

BY DOWNLOADING, INSTALLING, OR USING PULSE ENDPOINT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

Copyright 2026 Qlab Software LLC. All rights reserved.