End User License Agreement and Terms of Use

Introduction

This End User License Agreement and Terms of Use (“Agreement”) is a legal agreement between you, the individual or entity using the software (“User,” “you,” or “Licensee”), and PCDilis Software (“Developer,” “we,” “us,” or “Licensor”) for the use of Server Ping & Storage Monitor and any related documentation, updates, installers, configuration files, and associated materials provided by the Developer (collectively, the “Software”).

By installing, copying, accessing, or using the Software, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not install or use the Software.

1. License grant

Subject to your compliance with this Agreement and payment of any applicable license fees, the Developer grants you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use the Software solely for your internal personal or business monitoring purposes.

The Software is licensed, not sold. You receive only the right to use the Software under this Agreement. All rights not expressly granted to you are reserved by the Developer.

2. Editions, trial, and Pro Personal license

The Software may be offered in Free, Pro Trial, and paid Pro Personal editions.

• Free edition: up to 5 hosts, ping checks only, storage checks disabled, and sound alerts disabled.
• Pro Trial: 7 days, all Pro features enabled, up to 25 hosts, storage checks enabled, and sound alerts enabled.
• Pro Personal: one-time paid license, up to 25 hosts, storage checks enabled, sound alerts enabled, and use on unlimited PCs owned or controlled by the license holder.

After the Pro Trial ends, the Software automatically returns to Free mode unless a valid Pro license is activated.

Pro Personal includes updates and fixes for version 1.x. Future major versions may require a paid upgrade.

3. Permitted use

You may use the Software to monitor host availability, ping latency, NAS/server storage health, local disk health, and related status information, depending on the features available in your licensed version and configured device type.

You are responsible for ensuring that you have permission to monitor any device, server, NAS, workstation, network, storage system, storage path, or infrastructure configured in the Software.

4. License restrictions

Unless expressly permitted in writing by the Developer, you shall not, and shall not allow any third party to:

• copy, modify, adapt, translate, alter, or create derivative works based on the Software;
• reverse engineer, decompile, disassemble, decrypt, decode, or otherwise attempt to derive or discover the source code, internal structure, algorithms, logic, file formats, or non-public interfaces of the Software;
• bypass, disable, remove, alter, or work around any licensing, activation, copy-protection, usage limitation, or security mechanism included in the Software;
• rent, lease, lend, sell, resell, sublicense, distribute, publish, host, provide, or otherwise make the Software available to any third party;
• use the Software for unlawful purposes or in a way that violates applicable laws, regulations, third-party rights, or network/security policies;
• remove, obscure, or modify any copyright, trademark, license, or proprietary notices included in or displayed by the Software;
• use the Software to create a competing product or service;
• share, resell, publish, or misuse a Pro Personal license file;
• use the Software on more devices, systems, users, or environments than permitted by your license.

The restrictions above apply to the maximum extent permitted by applicable law. If applicable law gives you mandatory rights that cannot be waived, this Agreement does not limit those rights.

5. Ownership and intellectual property

The Software, including its design, user interface, code, structure, graphics, icons, text, documentation, and all related intellectual property rights, is owned by the Developer or its licensors.

You do not acquire ownership of the Software. This Agreement grants only a limited right to use the Software.

6. Updates and changes

The Developer may provide updates, bug fixes, enhancements, or new versions of the Software at its discretion. Updates may modify, add, or remove features.

Unless accompanied by separate terms, all updates are governed by this Agreement.

The Developer is not obligated to provide updates, maintenance, support, or continued availability unless separately agreed in writing.

7. Monitoring disclaimer

The Software is intended only as an informational monitoring tool. It assists in displaying ping, latency, storage health, disk health, NAS/server status, and related monitoring information.

The Software does not guarantee detection of all failures, outages, disk problems, storage degradation, RAID problems, SMART errors, network problems, misconfigurations, data loss risks, security incidents, or other system issues.

The Software may produce incorrect, delayed, incomplete, unavailable, or misleading results due to factors outside the Developer’s control, including network conditions, operating system limitations, permissions, device firmware behavior, third-party tools, SNMP/SSH/API availability, credentials, firewall rules, hardware controllers, storage drivers, user configuration, unavailable hosts, or unreachable storage paths.

You must not rely on the Software as your only monitoring, alerting, backup, redundancy, disaster recovery, or security mechanism.

8. User responsibility

You are solely responsible for:

• maintaining appropriate backups;
• verifying the integrity and recoverability of backups;
• maintaining redundancy and disaster recovery procedures;
• securing your systems, credentials, networks, and devices;
• using independent monitoring where appropriate;
• regularly checking the Software configuration and status results;
• responding appropriately to warnings, errors, missed alerts, or abnormal conditions.

The Software does not replace professional system administration, security practices, backup verification, hardware maintenance, vendor tools, or independent monitoring systems.

9. No warranty

The Software is provided “as is” and “as available,” with all faults and without warranties of any kind, whether express, implied, statutory, or otherwise.

To the maximum extent permitted by applicable law, the Developer disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, availability, uninterrupted operation, error-free operation, compatibility, and suitability for any specific environment or use.

The Developer does not warrant that the Software will meet your requirements, operate without interruption, detect all issues, prevent data loss, prevent downtime, prevent hardware failure, or produce accurate or complete monitoring results.

10. Limitation of liability

To the maximum extent permitted by applicable law, the Developer shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to:

• data loss;
• loss of backups;
• hardware failure;
• disk, RAID, NAS, server, or storage failure;
• service interruption or downtime;
• missed alerts or delayed alerts;
• business interruption;
• loss of profits, revenue, contracts, goodwill, or reputation;
• security incidents;
• cost of replacement equipment, services, or recovery;
• damages arising from incorrect, incomplete, delayed, or unavailable monitoring information.

This limitation applies whether the claim is based on contract, tort, negligence, strict liability, warranty, statute, or any other legal theory, even if the Developer has been advised of the possibility of such damages.

Where liability cannot be excluded under applicable law, the Developer’s total aggregate liability shall be limited to the amount actually paid by you for the Software during the twelve months preceding the event giving rise to the claim, or 19 USD, whichever is lower.

11. Third-party components and services

The Software may use or interact with third-party components, libraries, operating system features, network protocols, device firmware, command-line tools, or services, including but not limited to SNMP, SSH, SMART tools, Windows APIs, Python libraries, Qt/PySide, and other dependencies.

The Developer is not responsible for third-party components, device firmware behavior, operating system changes, network services, external tools, or third-party failures.

Third-party components may be subject to their own licenses and terms.

12. Credentials and configuration

The Software may require credentials, connection details, network addresses, SNMP communities, SSH usernames/passwords, storage paths, or other configuration data to perform monitoring.

You are responsible for entering correct configuration information and protecting credentials. The Developer is not responsible for unauthorized access, credential misuse, weak passwords, incorrect configuration, or damages caused by improper setup.

13. License activation and license limits

If the Software uses license keys, signed offline license files, activation, edition limits, host limits, device limits, or validation mechanisms, you agree not to bypass, disable, modify, share, resell, or misuse those mechanisms.

A license may be limited to a specific number of hosts, devices, users, installations, or environments as specified at purchase or in the edition description.

The Developer may refuse, suspend, or revoke activation or license use if the license is misused, shared beyond permitted limits, obtained fraudulently, or used in violation of this Agreement.

14. Termination

This Agreement remains effective until terminated.

Your license automatically terminates if you violate this Agreement. Upon termination, you must stop using the Software and delete all copies in your possession or control.

Sections concerning ownership, restrictions, warranty disclaimer, limitation of liability, and any provisions that by their nature should survive termination shall survive termination.

15. Export, legal compliance, and acceptable use

You agree to use the Software only in compliance with applicable laws and regulations.

You may not use the Software in any way that is unlawful, harmful, abusive, or intended to compromise systems, networks, or devices without authorization.

16. Refunds

Refunds are handled according to the Refund Policy available on the Developer’s website. The Software includes a 7-day Pro trial so users can test Pro features before purchasing.

Digital Pro licenses are generally final once delivered, except where required by applicable law or where the Software does not work as described on a supported system.

Nothing in this Agreement limits any mandatory rights you may have under applicable consumer law.

17. Changes to this Agreement

The Developer may update this Agreement from time to time. Updated terms may be provided with a new version of the Software or made available through the Developer’s website or distribution channel.

Continued use of the Software after an updated Agreement becomes effective constitutes acceptance of the updated terms.

18. Governing law

This Agreement shall be governed by the laws of Romania, excluding its conflict-of-law rules.

Any disputes arising from or relating to this Agreement shall be resolved in the courts of Romania, unless mandatory applicable law provides otherwise.

19. Contact

For questions about this Agreement, licensing, or support, please use the support form.