BarkleySoftware

Mapious End User License Agreement

Effective October 14, 2026

This End User License Agreement ("Agreement") is between Barkley Software LLC, a Kentucky limited liability company ("Barkley Software," "we," "us"), and the organization or person that buys, installs or uses Mapious ("Customer," "you"). By installing, activating or using Mapious, or by clicking "I agree," you accept this Agreement. If you accept on behalf of an organization, you confirm you have authority to bind it. If you don't agree, don't install or use Mapious.

1. Definitions

2. License Grant

2.1 License. Subject to this Agreement and payment, Barkley Software grants you a limited, non-exclusive, non-transferable, non-sublicensable license, for the Term, to install and use the Software for your internal business operations to manage the SolarWinds Instances listed in your License File.

2.2 Per-instance licensing. Each license covers one SolarWinds Instance. You may install the Software on as many of your own workstations as you need, but it may manage only the SolarWinds Instances covered by a valid License File.

2.3 Terms and pricing. Licenses are sold for a 1-year or 3-year Term at the prices in your Order. Renewal requires a new purchase.

2.4 Contractors. Your contractors may use the Software solely on your behalf, and you are responsible for their compliance with this Agreement.

2.5 Demo. The Demo is licensed free of charge only to evaluate the Software. It may not be used in production, sold, or redistributed outside your organization, and all restrictions in Section 3 apply to it.

2.6 Reserved rights. All rights not expressly granted are reserved by Barkley Software. The Software is licensed, not sold.

3. Restrictions

Except as expressly allowed in Section 2, you will not, and will not allow or help anyone else to:

3.1 No reverse engineering. Decompile, disassemble, decrypt, deobfuscate, reverse engineer, or otherwise attempt to derive the source code, algorithms, layout methods, file formats, license-file structure or internal logic of the Software, including by using decompilers (for example, .NET IL decompilers), debuggers, memory inspection, or network or file monitoring for that purpose.

3.2 No copying or derivative works. Copy (except for reasonable backup and installation copies), modify, translate, adapt, or create derivative works of the Software, its user interface, documentation, layout algorithms or output templates.

3.3 No competing products. Use the Software, the Demo, or any knowledge gained from examining them to design, develop, train, or improve any product or service that performs functions similar to the Software, or copy its features, workflows, look and feel, or documentation for that purpose.

3.4 No AI training or scraping. Use the Software, its documentation, or its output to train, fine-tune, or evaluate any machine-learning or AI model intended to reproduce or compete with the Software, or extract its content by automated means.

3.5 No circumvention. Bypass, disable, or tamper with any license check, License File, signature verification, revocation list, clock check, Demo limitation, or other technical protection; create, share or use counterfeit License Files or "cracks"; or remove or alter any copyright, trademark or proprietary notice.

3.6 No redistribution. Sell, rent, lease, lend, sublicense, distribute, publish, or offer the Software as a hosted or managed service to third parties, or share License Files outside your organization.

3.7 No benchmarking for competitors. Publish or share performance or feature comparisons of the Software for the purpose of developing a competing product, without our written consent.

3.8 Legal exceptions. These restrictions apply to the maximum extent permitted by law. If applicable law gives you a right that cannot be waived (for example, to decompile solely to achieve interoperability), you may exercise it only to the minimum extent required, only after first asking us in writing for the needed information, and the results remain our Confidential Information under Section 4.

3.9 Breach. Any violation of this Section 3 is a material breach that ends your license immediately, without refund, and may also infringe our copyrights and trade secrets.

4. Ownership, Confidentiality and Feedback

4.1 Ownership. Barkley Software and its licensors own all rights, title and interest in the Software, including all copyrights, trade secrets, trademarks and other intellectual property, and all copies, updates and derivative works, however made. Mapious and Barkley Software are trademarks of Barkley Software LLC.

4.2 Trade secrets. The Software's source code, object-code structure, layout and tiering algorithms, license-file format and verification methods are valuable trade secrets of Barkley Software ("Confidential Information"). You will protect them with at least reasonable care and will not disclose them to anyone outside your organization.

4.3 Your maps and data. You own your SolarWinds data and the maps the Software creates in your environment. Our ownership covers the Software itself, not your network data.

4.4 Feedback. If you send us suggestions or feedback, we may use them freely without obligation to you.

4.5 Notice of misuse. You will promptly tell us if you learn of any unauthorized copying, reverse engineering or distribution of the Software or License Files.

5. Term, Expiry, Termination, Updates and Data

5.1 Expiry. When the Term ends, the Software switches to read-only mode: you can still view maps, but building, updating and writing maps is disabled until you renew. Your existing SolarWinds maps are never deleted by the Software.

5.2 Termination. We may terminate this Agreement and revoke your License File if you materially breach it (including Section 3) and, where the breach can be cured, fail to cure it within 15 days of notice. Section 3 breaches may be terminated immediately.

5.3 Effect of termination. On termination or a refund, your license ends, the License File is revoked, and you must stop using and delete the Software and License Files. Sections 3, 4, 6.2 through 6.8 and 7 survive.

5.4 Refunds. Refunds are governed by the Refund Policy. A refunded license is void.

5.5 Updates and support. During the Term you may download updates we release. Support is by email at [email protected] on a reasonable-effort basis. Updates may include revocation lists and protection improvements.

5.6 Data. The Software runs on your systems and does not send your SolarWinds data to us. If internet access is available, it may download a signed license revocation list from barkleysoftware.com; that check sends no customer data beyond a standard web request. We may verify compliance by asking you to confirm in writing the SolarWinds Instances on which the Software is used.

6. Warranty, Liability and Legal Terms

6.1 Limited warranty. For 30 days after purchase, the Software will perform substantially as described in its documentation. Your sole remedy for a breach of this warranty is a fix, a workaround or a refund under the Refund Policy.

6.2 Disclaimer. EXCEPT AS STATED IN 6.1, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. You are responsible for backing up your SolarWinds environment and reviewing changes before applying them.

6.3 Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BARKLEY SOFTWARE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOSS OF DATA, PROFITS OR MONITORING AVAILABILITY. OUR TOTAL LIABILITY IS LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE 12 MONTHS BEFORE THE CLAIM.

6.4 Enforcement and equitable relief. A breach of Sections 3 or 4 would cause Barkley Software irreparable harm. We may seek injunctive relief in any court of competent jurisdiction without posting a bond, in addition to damages and any other remedy. If we prevail in enforcing Sections 3 or 4, you will reimburse our reasonable attorneys' fees, to the extent permitted by law.

6.5 Export. You will comply with U.S. export control and sanctions laws and will not export the Software to embargoed countries or prohibited persons.

6.6 U.S. Government end users. The Software is "commercial computer software" and its documentation is "commercial computer software documentation" under FAR 2.101, FAR 12.212 and DFARS 227.7202. Government end users acquire only the rights set out in this Agreement. Any provision that conflicts with federal law (including governing law, indemnification or automatic renewal provisions under FAR 52.212-4 or GSA terms) does not apply to the federal government to the extent of the conflict.

6.7 Governing law and venue. This Agreement is governed by the laws of the Commonwealth of Kentucky, excluding conflict-of-law rules. Courts in Montgomery County, Kentucky, or the U.S. District Court for the Eastern District of Kentucky, have exclusive jurisdiction, except that we may seek injunctive relief anywhere under Section 6.4.

6.8 Third-party components and trademarks. The Software includes third-party components under their own licenses, listed in THIRD_PARTY_NOTICES. SolarWinds, Microsoft Visio, draw.io, yEd and Lucidchart are trademarks of their owners; Barkley Software is not affiliated with or endorsed by them.

7. General

This Agreement, your Order and the Refund Policy are the entire agreement on this subject. If a provision is unenforceable, it will be enforced to the maximum extent allowed and the rest remains in effect. You may not assign this Agreement without our consent; we may assign it with our business. Failure to enforce a provision is not a waiver. Notices to us go to [email protected] and Barkley Software LLC, 208 Christian Way, Mount Sterling, KY 40353.