Checkmk End User License Agreement, Version 4.0

A. General

1. Subject Matter and Definitions
   1. This End User License Agreement, including its appendices, and all documents incorporated into the EULA by reference or hyperlink, govern the use of Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS) during the Subscription Period of a valid Subscription Agreement (EULA). A Subscription Agreement means the contract – incorporating this EULA – for the licensing of Checkmk Software (Self-Hosted) or the provision of Checkmk Cloud (SaaS), which the Customer has concluded either directly with the Provider (Direct Sales) or with an authorized Partner (Partner Sales). The Checkmk Community Edition (Self-Hosted) is excluded from the scope of this EULA.
   2. This EULA applies to the Customer in addition to the respective Subscription Agreement.
   3. Exclusively in the case of Partner Sales, the Special Provisions for Partner Sales in Part B of this EULA shall apply additionally.
   4. AI means AI systems and/or AI-based models. An AI system is a system falling under the definition of AI system within the meaning of the AI Act and operates to a certain degree autonomously (e.g., makes decisions, learns, or evolves on its own) and generates AI Output, including generative AI systems and general-purpose AI systems within the meaning of the AI Act. A generative AI system is an AI system designed to generate text, images, audio, video, or other similar content. A universal AI system is an AI system that can be used and adapted to a wide range of applications for which the AI system was not specifically developed. An AI-based model, as defined in the AI Act, refers to an AI-Model that has been trained on the basis of extensive data, designed for various AI Outputs, and adaptable to a wide range of different tasks (e.g., large language models). Other machine learning applications do not fall under the definition of AI systems unless they are covered by the provisions of the AI Act.
   5. AI Act means Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 on artificial intelligence (AI Act), published in the Official Journal of the European Union on 12 July 2024.
   6. AI Output means the results generated by AI, e.g., texts, images, videos, codes, tests, predictions, recommendations, or decisions.
   7. AI Regulations means the AI Act and other legal acts concerning artificial intelligence, regardless of their jurisdiction.
   8. Affiliate means any entity controlling, controlled by or under common control with a party. Control within the meaning of this definition means ownership of more than fifty per cent (50%) of the voting shares in an entity or the power to direct the management and strategy of an entity.
   9. Checkmk Cloud (SaaS) means the Provider's software-as-a-service offering, including Checkmk OEM Support Services with the functionalities and features defined in the respective Checkmk Cloud Edition (SaaS), which the Customer has licensed in accordance with the Subscription Agreement, as described in more detail in the User Guide Cloud (SaaS) and updated from time to time.
   10. Checkmk Cloud Edition (SaaS) comprises the current and future editions of Checkmk Cloud (SaaS), which may differ in terms of product functionality or functional restrictions, performance and performance limits, and/or different Checkmk Cloud (SaaS) offerings. These editions are listed, where available, in the Provider's most recent price and product overview (available and accessible at https://checkmk.com/pricing) and in the User Guide Cloud (SaaS).
   11. Checkmk Data Backend means Provider's central data repository and storage architecture (currently identified within the Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS) as the 'metric backend') used to house and process Telemetry and observability data, regardless of the underlying database technology utilized.
   12. Checkmk Edition means the Checkmk Software Edition (Self-Hosted) and/or Checkmk Cloud Edition (SaaS).
   13. Checkmk Instance means a running installation of the Checkmk Software (Self-Hosted) on a physical or virtual system (also referred to as a 'Site').
   14. Checkmk Software (Self-Hosted) means the Provider's self-hosting offering, including Checkmk OEM Support Services, with the functionalities and features defined in the respective Checkmk Software Edition (Self-Hosted), which the Customer has licensed in accordance with the Subscription Agreement, as described in more detail in the User Guide Software (Self-Hosted) and updated from time to time.
   15. Checkmk Software Edition (Self-Hosted) includes, notwithstanding the provisions of the GTC, the current Checkmk Pro and Checkmk Ultimate editions as well as future paid editions of Checkmk Software (Self-Hosted), which may differ in terms of product functionality or functional restrictions, performance and performance limits and/or different Checkmk Software (Self-Hosted) offerings. These editions are listed, where available, in the Provider's most recent price and product overview (available and accessible at https://checkmk.com/pricing) and in the User Guide Software (Self-Hosted).
   16. Customer means the natural or legal person, public body, or authority identified as the customer in the Subscription Agreement.
   17. End User means any person authorized by the Customer to access and use Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS), directly or indirectly, a) for the Customer's internal business purposes or b) to the extent expressly agreed in the Subscription Agreement, also within the scope of a Group License for the purposes of Affiliated Companies or within the scope of Managed Services Use for the purposes of third parties. This includes employees of the Customer, contractors, agents, or other third parties acting on behalf of the Customer in accordance with the Subscription Agreement and the EULA.
   18. Manufacturer means Checkmk GmbH, Kellerstraße 27, 81667 Munich, Germany (Checkmk GmbH).
   19. Licensed Services means the number of Services defined in the Subscription Agreement that may be monitored using Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS). A Service consists of at least one monitored data point, e.g., the CPU load of a specific device. A monitored device may therefore generate many monitored Services in the Checkmk Software (Self-Hosted) or in Checkmk Cloud (SaaS).
   20. Licensed Synthetic Tests means the number of Synthetic Tests and Keywords defined in the Subscription Agreement for Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS), where available, for which the Checkmk Synthetic Monitoring add-on may be used. A Synthetic Test is an automated procedure for monitoring the availability, performance, and functionality of an application from an end user perspective, consisting of a sequence of Keywords, where each keyword can define a specific functional interaction – such as a click or text entry.
   21. Licensed Custom Metrics means the number of Custom Metrics defined in the Subscription Agreement for Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS), where available, for which the Telemetry add-on may be used. Custom Metrics means any data series stored in the Checkmk Data Backend.
   22. ntop integration enables the use of Checkmk Software (Self-Hosted) in conjunction with the commercial version of the ntopng software, which must be licensed separately from third-party providers.
   23. Provider means the Contractual Partner named in Section 2 of the General Terms and Conditions for Customers of Checkmk GmbH and Checkmk, Inc. (GTC). The GTC are available and can be accessed under Part A at the following link: https://checkmk.com/en/legal/terms-and-conditions.
   24. Service Generated Data means any logs, telemetry data, metadata, or analytical data generated by the Checkmk Software (Self-Hosted) or Checkmk Cloud (SaaS) and its respective environment. This includes data regarding the utilization, performance, and configuration of the software (e.g., utilized check plug-ins), including AI Output (if applicable).
   25. Subscription Fees means the price stated in the Subscription Agreement in the currency specified therein.
   26. Subscription Period means the period from the start date to the end date specified in the Subscription Agreement and shall be twelve (12) months, unless otherwise provided in the Subscription Agreement.
   27. Synthetic Monitoring means an add-on that offers the possibility of monitoring applications from an end user perspective. The add-on is licensed in accordance with the EULA for the number of Licensed Synthetic Tests stated in the Subscription Agreement.
   28. User Guide means the User Guide Software (Self-Hosted) and the User Guide Cloud (SaaS). User Guide refers to the product information published by the Provider, which describes the features of Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS) and includes configuration, integration, and administration guidelines, which are updated from time to time. For each version of Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS), only the documentation relating to that version is valid.
   29. User Guide Cloud (SaaS) means the most recent version of the documentation for Checkmk Cloud (SaaS) and is available and accessible at https://docs.checkmk.com/saas.
   30. User Guide Software (Self-Hosted) means the most recent version of the documentation for Checkmk Software (Self-Hosted) and is available and accessible at https://docs.checkmk.com.
   31. virt1 means a separate software that enables the GUI-guided installation of a Checkmk Software Edition (Self-Hosted) in a virtual environment.
2. License Scope and Delivery; Rights of Use and Proprietary Rights
   1. License Scope. The scope of the license is determined by the Checkmk Software Edition (Self-Hosted) or Checkmk Cloud Edition (SaaS) specified in the Subscription Agreement, subject to the Customer's compliance with the obligations under the Subscription Agreement.
   2. Delivery
      1. Checkmk Software (Self-Hosted) is provided, exclusively electronically, for download and must be installed by the Customer itself.
      2. Checkmk Cloud (SaaS) will be provided by the Provider in a data center for access and use by the Customer. Checkmk Cloud (SaaS) is considered to be ready for access and use as soon as the Provider has provided the Customer with functional access data. The relevant service provision point for Checkmk Cloud (SaaS) is the router exit of the data center used by the Provider. The Provider is not liable for failures or unavailability of hardware and software components, telecommunications networks or other networks beyond this service provision point. The Customer's connection to telecommunications networks, the maintenance of the network connection, and the procurement and provision of the hardware and software required by the Customer are not part of the Subscription Agreement and are the sole responsibility of the Customer. Further technical details are set out in the User Guide Cloud (SaaS).
   3. Rights of Use
      1. General Information.
         1. Checkmk Software (Self-Hosted). The Provider grants the Customer a non exclusive, non transferable, and non sublicensable (except as provided in Section 3 Group License and Managed Services Use) right to use the Checkmk Software Edition (Self-Hosted) listed in the Subscription Agreement during the term of the Subscription Agreement, in accordance with this EULA and within the scope defined in the Subscription Agreement, including in particular the right to install it on any number of systems and to create any number of Checkmk Instances on such systems. The creation of Checkmk Instances is only permitted on systems (including external systems, such as cloud services) that are owned by the Customer or its Affiliates, or that are assigned to the Customer or its Affiliates for their exclusive use.
         2. Checkmk Cloud (SaaS). The Provider grants the Customer a non exclusive, non transferable, and non sublicensable (except as provided in Section 3 Group License and Managed Services Use) right to access and use the Checkmk Cloud Edition (SaaS) listed in the Subscription Agreement during the term of the Subscription Agreement, in accordance with this EULA and within the scope defined in the Subscription Agreement.
      2. Licensed Services. The right to use Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS) is granted for the number of Licensed Services specified in the Subscription Agreement. The same applies to the virt1 add-on. The number of monitored Services must not exceed the number of Licensed Services. For Checkmk Software (Self-Hosted) the following applies in addition: Services that are monitored only by test instances, i.e., by Checkmk Instances operated exclusively for testing purposes, are not included in the calculation of the number of monitored Services. If a particular Service is monitored simultaneously by multiple Checkmk Instances in order to ensure server side redundancy (for example, operation of an active active setup) or to operate a test environment, that Service will be counted only once. All Services calculated in this way for the Customer, its Affiliates, and its Managed Services Customers must be aggregated. Furthermore, the calculation of the number of Licensed Services is subject to the corresponding description in the Checkmk User Guide Software (Self-Hosted). Across all Checkmk Instances, no more than the number of Services corresponding to the number of Licensed Services may be monitored in total.
      3. Licensed Synthetic Tests (only for Checkmk Software (Self-Hosted)). For Checkmk Synthetic Monitoring, the right of use is limited to the number of Licensed Synthetic Tests specified in the Subscription Agreement. For calculating the number of Synthetic Tests, Section 2.3.2 applies accordingly, as well as the corresponding description in the Checkmk Software User Guide (Self-Hosted). If the Subscription Agreement does not include Checkmk Synthetic Monitoring, the use of up to three (3) Synthetic Tests in total is permitted for all Checkmk Instances under a Subscription (Free Tier). If the Free Tier is exceeded without the corresponding activation, the functionality of Checkmk Synthetic Monitoring may be restricted as a whole.
      4. Licensed Custom Metrics. For the Add-On Telemetry, the right of use is limited to the number of Licensed Custom Metrics specified in the Subscription Agreement.
         1. Checkmk Software (Self-Hosted). For the calculation of the number of Custom Metrics, Section 2.3.2 applies accordingly, as well as the corresponding description in the Checkmk Software User Guide (Self-Hosted).
         2. Checkmk Cloud (SaaS). The calculation of the number of monitored Custom Metrics (Telemetry) for Checkmk Cloud (SaaS) is governed in the Checkmk User Guide Cloud (SaaS). Customer must a) not exceed the number of licensed Custom Metrics series stated in the Subscription Agreement, b) adhere to a data transmission frequency of Custom Metrics to the Checkmk Data Backend of no more than once every 15 seconds, and c) not excessively use Queries, which means not exceeding five (5) times the average Query usage of customers with a similar Subscription size of the Customer. Query/Queries are defined as one or several Custom Metrics that a Customer wants to transfer in one activity from the Checkmk Data Backend into its Checkmk Cloud (SaaS) sites for further processing, e.g., for dashboards or API calls. If the Customer exceeds the number of licensed Custom Metrics series stated in the Subscription Agreement and/or violates the data transmission frequency of no more than once every 15 seconds and/or excessively uses Queries, the Provider reserves the right, at its sole discretion, to immediately suspend all incoming data to the Checkmk Data Backend and to block all Queries. The Provider will store the Custom Metrics for the period stated in the current version of the Checkmk User Guide Cloud (SaaS).
      5. Integrated Monitoring (only for Checkmk Software (Self-Hosted)). Integrated Monitoring (Checkmk Software (Self-Hosted) only). The combined display of monitored Services or Synthetic Tests from different Checkmk Instances in a single view, or the combined configuration of different Checkmk Instances, whether by means of functions of Checkmk Software (Self-Hosted) or by accessing interfaces of Checkmk Software (Self-Hosted) (Integrated Monitoring), is only permitted on the basis of a single Subscription Agreement that covers all Checkmk Instances, Services, and Synthetic Tests included in the Integrated Monitoring. Multiple Subscriptions for the same Checkmk Software Edition (Self-Hosted) or for different Checkmk Software Editions (Self-Hosted) may not be combined for Integrated Monitoring. The inclusion of Checkmk Instances with the license status 'Free' and instances of Checkmk Community in Integrated Monitoring is not permitted. If instances are included in breach of the licensing requirements, the monitored Services and/or Synthetic Tests of such instances will be included in the calculation pursuant to Sections 2.3.2 and 2.3.3.
      6. The rights of use granted above apply to the Customer's own employees as well as to workers engaged by the Customer who are not employees (e.g., freelancers or temporary workers) and service providers who use Checkmk Software (Self-Hosted) or Checkmk Cloud (SaaS) in the course of their engagement for the Customer's business purposes. Except for Subscription Agreements without a Group License and Managed Services Use license (Section 3), the same applies to employees, other workers, and service providers of the Customer's Affiliates. The Customer will ensure compliance with this EULA by all of its own users as well as, to the extent applicable pursuant to Section 3, by users of its Affiliates and Managed Services Customers. The Customer is liable for breaches of this EULA by its own users and, to the extent applicable pursuant to Section 3, by users of its Affiliates and Managed Services Customers as for its own fault.
3. Group License and Managed Services Use; No Resale
   1. General Information. If and to the extent explicitly specified in the Subscription Agreement, Customer has the right to use the respective Checkmk Software Edition (Self-Hosted) or Checkmk Cloud Edition (SaaS) (a) for the benefit of its Affiliates (Group License), and/or (b) for the business purposes of third parties (Managed Services Use).
      1. Group License. The rights of use under a Group License (a) are limited to the contractual use specified in the Subscription Agreement, (b) may not be exercised, in whole or in part, to circumvent the access and use restrictions set out in the Subscription Agreement, and (c) require that the Customer's Affiliates comply with all access and use restrictions applicable to the Customer. The Customer is responsible for ensuring that its Affiliates comply with the terms of the Subscription Agreement when using Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS).
      2. Managed Services Use. In connection with Managed Services Use, the relevant Checkmk Software Edition (Self-Hosted) may also be installed on systems of Managed Services Customers, and the relevant Checkmk Cloud Edition (SaaS) may also be made available for use on systems of Managed Services Customers, and Managed Services Customers may be authorized for passive use. Passive use means read only access to the Checkmk web interface to retrieve information and reports, as well as the ability to set maintenance windows and acknowledge problems. Managed Services Customers are not permitted to engage in active use, in particular to make configuration changes. The provision of Checkmk Software (Self-Hosted) or Checkmk Cloud (SaaS) as a service for use by third parties as an independent primary service is not permitted.
   2. Restrictions. For Subscriptions to Checkmk Software (Self-Hosted) without a Group License or Managed Services Use, the rights of use are restricted as follows:
      1. Without a Group License, the only authorized user is the legal entity identified as the Customer in the Subscription Agreement, but not its Affiliates.
      2. Without Managed Services Use, use is restricted to the business purposes of the Customer and its Affiliates. Use for the business purposes of third parties that are not Affiliates is not permitted.
      3. The Customer is permitted to monitor systems of Affiliates via agents or interfaces (for example, SNMP), but the creation of Checkmk Instances on systems that are owned by an Affiliate or are assigned to an Affiliate for its exclusive use is not permitted. As long as, in total, less than ten percent (10%) of the Licensed Services are monitored by such Checkmk Instances, this is, however, tolerated under our Fair Use Policy.
   3. No Resale. Unless expressly agreed as part of a Managed Services Use, the Customer is prohibited from using Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS) to provide services to third parties (e.g., as a Managed Service Provider) or from otherwise commercially exploiting the Services. Subject to a violation of the before said, the Provider reserves the right to prohibit any use.
4. Third-Party Technology; Open-Source Components
   1. Third-Party Technology. Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS) may contain third-party technology (including third-party open-source software) made available to the Customer as part of Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS) (Separately Licensed Third-Party Technology), which is subject to separate license terms (Separate Terms). The Provider will ensure that all Separately Licensed Third-Party Technologies are used in compliance with the respective Separate Terms. The Customer is obliged to comply with such Separate Terms. Upon request, the Provider will make all relevant Separate Terms available to the Customer.
   2. Open Source Components.
      1. Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS), respectively, contain components that are licensed as open source software (Open-Source-Components). Open Source Components are listed in a README file or a similar file in Checkmk Software (Self-Hosted) or Checkmk Cloud together with the relevant license texts. For Open Source Components, the provisions of the applicable Open-Source-License take precedence.
      2. The Customer and its Affiliates are also entitled to use the Open Source Components to the extent described in Sections 2 and 3. In addition, use is permitted in accordance with the provisions of the respective applicable Open-Source-Licenses.
5. License Verification; Usage Audits and Reporting
   1. License Verification for Checkmk Software (Self-Hosted). Upon commencement of the Subscription Agreement, Customer must perform without undue delay the license verification of its installation of the Checkmk Software (Self-Hosted) as described below and in detail in the Checkmk User Guide Software (Self-Hosted) (License Verification Checkmk Software (Self-Hosted)). The Checkmk Software (Self-Hosted) remains in trial mode as long as the license verification is not completed by the Customer. The license verification may be necessary for each Checkmk Instance.
      
      If an automatic online license verification mechanism is available in the Checkmk Software (Self-Hosted), the Customer is obliged to activate such online license verification which will also trigger the periodic submission of the license usage reports with the content specified in Section 5.3.
      
      For information security reasons, the Customer may request an offline license verification. The offline license verification must not only be triggered upon commencement of the Subscription Agreement as described above, but also additionally at least once a year no later than six weeks before the end of the annual Subscription Period and include submission of the license usage reports. The Provider also reserves the right to directly request the license usage reports from a Customer at any time during the Subscription Period, which the Customer must submit to the Provider within 10 business days.
   2. License Activation for Checkmk Cloud (SaaS). Upon commencement of the Subscription Agreement, Customer must perform without undue delay the license activation as described in detail in the Checkmk User Guide Cloud (License Activation Checkmk Cloud (SaaS)). Checkmk Cloud (SaaS) remains in trial mode as long as the license activation is not completed by the Customer.
   3. Usage Audits and Reporting. The Customer must provide the Provider information a) on the number of monitored Services, and, b) if applicable, on the number of Synthetic Tests and Custom Metrics as well as about the usage of the virt1 add-on and the ntop integration, and c) all similar information as described in detail in the Checkmk User Guide Software (Self-Hosted) and Checkmk User Guide Cloud (SaaS) at any time upon request of the Provider. Once the Customer has performed either a License Activation Checkmk Cloud (SaaS) (described in Section 5.2 above) or an online License Verification Checkmk Software (Self-Hosted) (described in Section 5.1 above), Checkmk Software (Self-Hosted) and/or Checkmk Cloud (SaaS) will periodically submit license usage reports with the content specified in this section 5.3.
6. Right to Modify or Adapt
   1. For files that, according to their file header, are licensed under an Open-Source-License, any right to modify or adapt such files arises exclusively from the relevant applicable Open-Source-License.
   2. Apart from that, a right to modify or adapt exists only for Checkmk Software (Self-Hosted) in accordance with the following Sections 6.2.1 and 6.2.2. This right to modify or adapt is governed by the license applicable to the respective file or component. For files that are delivered in source code form and that, according to their file header, are licensed under the 'Checkmk Enterprise License' the Provider grants the Customer and its Affiliates the right to modify or adapt such files in accordance with the following provisions.
   3. Copyright or license notices may not be removed, altered, or obscured, but must be included in the modified or adapted version. Modifications or adaptations that are capable of removing or circumventing technical software protection mechanisms, of gaining access to functions of Checkmk Software (Self-Hosted) for which no right of use has been granted, or of impairing or preventing the verification of compliance with license terms and usage restrictions are expressly prohibited. The restrictions of this EULA that apply to the original Checkmk Software Edition (Self-Hosted) shall also apply to the modified or adapted files. Upon expiry of the Subscription Agreement, the right to use the modified or adapted files shall also expire.
      1. The right to modify or adapt does not exist for files that are delivered only in binary code form, in particular not for the Checkmk Micro Core, unless a reworking is mandatorily permitted under the provisions of the German Copyright Act (Urhebergesetz). The Customer is not permitted to reverse engineer or decompile files that are delivered only in binary code form, except where this is mandatorily permitted under the provisions of the Copyright Act. Where the Customer wishes to exercise its statutory rights because this is indispensable in order to achieve interoperability with an independently created computer program, the Customer must, before taking such measures, request the required interface information or other information from the Provider in writing and must grant the Provider reasonable time and opportunity to provide this information in a manner that safeguards the Provider's legitimate interests. In addition, the Customer is entitled to analyze and reverse engineer Checkmk Software (Self-Hosted) that is linked with program libraries licensed under the GNU Lesser General Public License (LGPL) in order to modify or adapt the program libraries licensed under the LGPL and to correct defects in the Checkmk Software (Self-Hosted). Any disclosure of information obtained in this way to third parties is not permitted.
7. Intended Use and Obligations of the Customer
   1. Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS) are designed for monitoring IT systems, devices, and applications in data center and cloud environments. Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS) are not intended for monitoring IT systems, devices, and applications whose failure could result in damage to life or limb or exorbitant financial losses. When setting up the monitoring system, the Customer must take appropriate measures in accordance with the criticality of the systems to be monitored in order to ensure reliable monitoring and minimize the impact of possible failures.
   2. Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS) may be used to perform automated actions. Automated actions may cause serious (technical) problems, including system failures. When setting up and/or scripting such actions, the Customer must therefore exercise the utmost care to limit the possible consequences of automated actions.
   3. The use and operation of Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS) must correspond to the current state of the art. The Customer is obligated to perform regular (at least daily) backups of data, programs, and configurations, as well as to perform disaster recovery and/or emergency planning. In the case of Checkmk Software (Self-Hosted), the Customer must also test updates in a test environment in advance, create backups immediately prior to installations, and only use versions in production that are in active or passive maintenance. In the case of Checkmk Cloud (SaaS), the Customer is responsible for the provision and currency of the required hardware and network connections.
   4. The Customer must implement and maintain processes and procedures to prevent unauthorized access to and unauthorized use of Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS). The Customer must notify the Provider without undue delay after becoming aware of any such unauthorized access and/or unauthorized use, as well as any compromise of license keys, and must remedy the root cause and any possible effects on Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS) to the extent possible (e.g., by offboarding/deactivating the respective End User or changing the relevant access credentials).
   5. Furthermore, the Customer must use Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS) in accordance with the respective User Guide.
   6. For the provision of login data or licensing credentials, the Customer will designate a so-called Super User. During the term of the Subscription Agreement, the Customer will keep the contact details of the Super User up to date and will inform the Provider without undue delay of any changes.
   7. The provisions of this Section 7 do not apply to the isolated use of Open-Source-Components.
8. Changes and Discontinuation of Functional or Service Components

   If the Provider makes changes to functional or service components of Checkmk Software (Self-Hosted) or Checkmk Cloud (SaaS), or discontinues individual components, the rights of use granted under this EULA will also extend in full to the relevant updates, upgrades and modified versions provided.

9. Software Protection
   1. Unless rights are expressly granted under this EULA, all rights to Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS) (including all modifications, upgrades, and derivative works, even if requested or directed by the Customer in any form) as well as to all related technologies, information, documents, work results, files, and other materials belong exclusively to the Provider and its licensors. This specifically includes rights of ownership as well as intellectual property, including copyrights, moral rights, patent rights (including patent applications and disclosures), know-how, priority rights, trademark rights, rights to inventions, and industrial property rights recognized in any country or jurisdiction in the world, including any modifications or improvements made thereto, as well as trade secret rights.
   2. Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS) contain trade secrets of the Provider and its licensors and must therefore be treated as confidential information. Disclosure to third parties is prohibited unless expressly permitted. The Customer is not entitled to use Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS) for the purpose of obtaining trade secrets of the Provider or its licensors.
   3. Notices in or on Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS), in particular copyright notices, license notices, trademarks, serial numbers, or similar identifiers, may not be removed, altered, or obscured. For Checkmk Editions that provide white-label functionality, replacement of trademarks and logos is permitted to a limited extent.
   4. The Customer is not permitted to use Checkmk Software (Self-Hosted) in a manner that combines components from different Checkmk Software Editions (Self-Hosted). In particular, Check plug-ins may only be used with the Checkmk Software Edition (Self-Hosted) with which they were delivered. Modified files may only be used with the Checkmk Software Edition (Self-Hosted) with which they were originally delivered. The provisions of this Section 9.4 do not apply to Open Source Components and other files that are licensed under an open source license according to their file header.
   5. Access credentials or license keys that enable access to Checkmk Software (Self-Hosted) or Checkmk Cloud (SaaS) or to functionalities of Checkmk Software (Self-Hosted) or Checkmk Cloud (SaaS) may under no circumstances be disclosed to third parties. For Checkmk Software Editions (Self-Hosted) that are provided via a password-protected download area, the Customer must store all copies of Checkmk Software (Self-Hosted), as well as the access credentials for the download area, with due care to prevent misuse. If access credentials or license keys are inadvertently compromised, the Customer must inform the Provider without undue delay and change the password associated with the access credentials.
10. Acceptable Use Policy
    1. General Information
       1. The use of Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS) is only permitted if the Customer complies with the Acceptable Use Policy set forth in this Section 10.
       2. Any failure to comply with the provisions of this Section 10 may result in immediate suspension or termination of Checkmk Software (Self-Hosted) or Checkmk Cloud (SaaS), at the Provider's sole discretion. In such cases, the Provider is not liable to the Customer for any claims of the Customer arising from or in connection with a suspension or termination of Checkmk Software (Self-Hosted) or Checkmk Cloud (SaaS).
    2. No Misuse

       The Customer must ensure that it does not use Checkmk Software (Self-Hosted) or Checkmk Cloud (SaaS), and does not permit third parties to use Checkmk Software (Self-Hosted) or Checkmk Cloud (SaaS):

       • to probe, scan, or test the vulnerability of a system or network;
       • to test or reverse engineer Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS) in order to find limitations and vulnerabilities or to circumvent filtering functions. This does not apply to activities expressly permitted by a written agreement with the Provider (e.g., within the scope of an approved penetration test) or by an official Responsible Disclosure Policy of the Provider;
       • to monitor data or traffic in a network or system without the authorization of the respective owner of the system or network;
       • to collect or use information such as email addresses, nicknames, or other identifiers by deceptive means (e.g., through phishing, scamming, password theft, spidering, and harvesting);
       • to perform or participate in DoS (Denial of Service) attacks, DDoS (Distributed Denial of Service) attacks, or other activities aimed at disrupting, degrading, or impairing the functionality or availability of systems or networks of third parties;
       • to encourage conduct that could result in retaliatory actions against the Provider's services, network, or website, or the Provider's employees, officers, agents, or Affiliates, e.g., in the form of denial-of-service attacks;
       • to monitor the operation of systems where a failure or malfunction of Checkmk Software (Self-Hosted) or Checkmk Cloud (SaaS) could lead to death or injury of a person or to physical or environmental damage;
       • to permit access by persons, organizations, companies, or other legal entities, including Affiliates, that are involved or suspected of being involved in activities related to illegal gambling, terrorism, illegal drug trafficking, illegal arms trafficking, or illegal proliferation; this applies to any affiliation with or participation in such activities;

       Exclusively for Checkmk Cloud (SaaS), the following applies in addition:

       • to perform performance, load, or stress tests for Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS) or otherwise test the capacity limits of the services;
       • to disrupt or impair the use of Checkmk Cloud (SaaS) by customers, authorized partners, or other authorized users, or to jeopardize the integrity or performance of the Provider's systems, equipment, and infrastructure used to provide the services;
       • to directly or indirectly cause the Provider's intellectual property to be included in a misuse database;
       • to place an unusual burden on Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS) through unintended use of the products contained in Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS) or through the use of scripts or applications that access the APIs of Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS).
    3. No Circumvention

       The Customer must ensure that it does not use Checkmk Software (Self-Hosted) or Checkmk Cloud (SaaS), and does not permit third parties to use Checkmk Software (Self-Hosted) or Checkmk Cloud (SaaS):

       • to breach or otherwise circumvent security or authentication measures;
       • to alter (with the exception of the right to modify in Section 6), disable, disrupt, or circumvent any aspect of Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS);
       • to access or search Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS) by any means other than the Provider's publicly supported interfaces (e.g., through scraping);
       • to actively withhold or obscure identity or contact information, e.g., by omission, deletion, or false statement of identification or transmission information; and
       • to access or use Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS) in a manner aimed at not incurring applicable fees or costs or at acquiring additional licenses or access rights.

       Exclusively for Checkmk Cloud (SaaS), the following applies in addition:

       • to access, manipulate, or use non-public areas of Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS) or shared areas of Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS) to which the user has not been invited.
    4. Spam, Data Protection, Marketing, and Unsolicited Content

       The Customer must ensure that it does not use Checkmk Software (Self-Hosted) or Checkmk Cloud (SaaS), and does not permit third parties to use Checkmk Software (Self-Hosted) or Checkmk Cloud (SaaS):

       • to send altered, deceptive, or false information to identify the source, including spoofing or phishing;
       • to advertise products or services other than its own without appropriate authorization; and
       • to promote and/or support business related to illegal gambling, illegal multi-level marketing, illegal credit repair, illegal address traders or illegal rental services, illegal pharmaceutical products, or services related to social media such as the sale of retweets, fake users, likes, etc.

       Exclusively for Checkmk Cloud (SaaS), the following applies in addition:

       • to impair any components of Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS) by overloading, mass spam, broadcast attacks, or mail bombing;
       • to send unsolicited communications, promotional materials, or spam.
    5. Prohibited Content

       The Customer must ensure that it does not use Checkmk Software (Self-Hosted) or Checkmk Cloud (SaaS), and does not permit third parties to use Checkmk Software (Self-Hosted) or Checkmk Cloud (SaaS):

       • to infringe the legal rights of others or encourage the infringement of such rights;
       • for unlawful, invasive, infringing, defamatory, or fraudulent purposes or other malicious or morally reprehensible purposes;
       • to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other elements of a destructive or deceptive nature;
       • to impersonate a natural or legal person or misrepresent their affiliation with such;
       • to publish or distribute materials that are unlawfully pornographic or indecent or that advocate bigotry, religious, racial, or ethnic hatred;
       • to publish or distribute content or links to content that is excessively violent or promotes, contains, or incites violence or hate speech, or endangers the safety or health of a person or the public as well as national security, or hinders law enforcement investigations;
       • to distribute software that secretly collects or transmits user data; and
       • to defame a person or violate their privacy.
    6. Intellectual property and other proprietary rights

       The Customer must ensure that it does not use Checkmk Software (Self-Hosted) or Checkmk Cloud (SaaS), and does not permit third parties to use Checkmk Software (Self-Hosted) or Checkmk Cloud (SaaS):

       • to infringe or misuse the intellectual property rights of third parties, or to contribute to such conduct;
       • to publish trade secrets of third parties or violate confidentiality obligations; and
       • to use Checkmk Software (Self-Hosted) and Checkmk Cloud (SaaS) to download, publish, distribute, use, or otherwise copy texts, music, software, art, images, or other works protected by copyright, unless permission from the owner of the work to use or copy the work in this manner has been obtained or can otherwise be derived from applicable intellectual property law.
11. Data Protection and Data Utilization by the Provider
    1. Product Usage Analytics. For the purpose of analyzing the performance, developing, and improving the Checkmk Software (Self-Hosted), Checkmk Cloud (SaaS) and any related offerings of the Provider, the Provider may collect, aggregate, reproduce, run, create derivative works of, process, use, and analyze Service Generated Data (Product Usage Analytics). This applies to data: a) transmitted automatically via the internet for Checkmk Software (Self-Hosted), provided the Customer has actively opted-in via the respective function in the Checkmk Software (Self-Hosted) (revocable at any time); b) transmitted automatically via the internet for Checkmk Cloud (SaaS), provided the Customer has not actively opted-out via the respective function in Checkmk Cloud (SaaS) at any time or c) submitted manually (e.g., agent/crash dumps) in the context of any additional service or otherwise, unless the Customer instructs the Provider otherwise when submitting such Service Generated Data.
    2. Regarding the use of Checkmk Cloud (SaaS) only, the Provider may also collect, aggregate, reproduce, run, create derivative works of, process, use and analyze Service Generated Data for training, testing, validation and development of Provider's own machine learning algorithms, as well as for identifying patterns and correlations to develop and optimize AI-based features and functionalities (e.g., to improve Checkmk Cloud (SaaS) predictive monitoring capabilities and enhance the Customer's experience and interaction with Checkmk Cloud (SaaS)).
    3. The Customer acknowledges the Provider's Privacy Notice. The most recent version of the Privacy Notice is available and can be accessed at https://checkmk.com/privacy-policy.
12. Use of AI

    The Customer acknowledges and agrees that the Provider may provide functions that are based on or enable the use of AI. Where such functions are provided, their scope and characteristics shall be determined by the then-current service description in the User Guide Software (Self-Hosted) or User Guide Cloud (SaaS), respectively. The Provider is entitled to restrict the use of these functions through technical limitations (in particular rate limits or token quotas), which may vary depending on the Checkmk Software Edition (Self-Hosted) or Checkmk Cloud Edition (SaaS).

    1. Provision of Interfaces within Checkmk Software (Self-Hosted).

       The Provider provides Application Programming Interfaces (APIs) or connectors within the Checkmk Software (Self-Hosted), which are described in more detail in the User Guide Software (Self-Hosted), where available (Interfaces). These enable the Customer to integrate their own AI-Models or third-party services on their own responsibility. Since the Provider does not integrate any AI-based functions within the Checkmk Software (Self-Hosted) itself, the selection, technical integration, and operation of such AI Systems fall exclusively within the Customer's area of responsibility and risk. Interoperability of the APIs or connectors with specific AI-Models or services is not owed.

    2. Provision of AI Systems within Checkmk Cloud (SaaS). The Provider may provide AI Systems within Checkmk Cloud (SaaS) as defined in Art. 3 No. 1 of the AI Act (e.g., chatbots, assistants, or automated analysis functions) based on third-party AI-Models (AI-Systems). This includes a) interactive AI Systems (e.g., chatbots, assistants) for generating AI Output through Customer Prompts, as well as b) AI-powered functions that automatically access monitoring data, logs, or metadata of the Checkmk Cloud (SaaS) customer environment without manual input. All data transmitted by the Customer (e.g., Prompts, monitoring data, logs) used to generate AI Output shall collectively be referred to as Input.

       To the extent necessary for the provision of the AI Systems, the Provider is entitled or – in the case of commissioned data processing – instructed by the Customer to transmit Input to the respective third-party provider of the underlying AI-Model, solely for the purpose of providing the AI Output and the corresponding function under this Agreement. Data protection requirements (in particular roles, commissioned processing, sub-processors, third-country transfers) are primarily governed by the respectively agreed Data Processing Agreement.

       A detailed description of the currently integrated AI in Checkmk Cloud (SaaS) can be found in the User Guide Cloud (SaaS). AI Output generated as part of Checkmk Cloud (SaaS) shall be marked as such.

    3. Special Terms for AI Systems within Checkmk Cloud (SaaS)
       1. To the extent and as soon as the AI Act applies to the provision of the AI Systems, the Provider shall act as the provider of the AI System integrated into Checkmk Cloud (SaaS) for the purposes of the AI Act. All AI-Models underlying the AI System are obtained by the Provider from third parties and are integrated via APIs exclusively for the purpose of providing the services in Checkmk Cloud (SaaS). The AI Systems are not intended for the autonomous control of critical infrastructures or for high-risk applications within the meaning of the AI Act; such use is prohibited.
       2. Customer Responsibility for Use

          The Customer is aware that AI Output may be prone to error. The Customer bears sole responsibility for the decision of whether and how to use AI Output, particularly regarding its context of use, validation, as well as any actions and decisions derived therefrom. The Provider's responsibility for the contractually required provision and operation of Checkmk Cloud (SaaS) remains unaffected by this.

       3. Notes/ Human-in-the-loop/ Cooperation

          To the extent that Checkmk Cloud (SaaS) contains AI Systems and the Customer uses these AI Systems as part of Checkmk Cloud (SaaS) to generate AI Output or uses these AI-Systems in any other manner, the Customer,

          1. acknowledges that AI Output is based on technologies that may produce incorrect or inaccurate results;
          2. shall ensure that any AI Output generated via the AI System within Checkmk Cloud (SaaS) is not processed automatically or used for operational decisions or other relevant purposes, but is instead carefully reviewed and verified by a natural person prior to use (in particular by correcting logic or syntax errors in the AI Output);
          3. shall, upon the Provider's specific and reasoned request, provide reasonable assistance in meeting quality or regulatory requirements for the AI Systems (including, but not limited to, providing relevant information and feedback on the capabilities and limitations of the AI Systems), particularly to avoid erroneous, biased, or discriminatory AI Output; and
          4. shall ensure that AI Systems as part of Checkmk Cloud (SaaS) are not used to generate discriminatory, biased, or unfair AI Output, nor to infringe, misappropriate, or otherwise violate the intellectual property rights of third parties, and shall provide the Provider with corresponding documentation upon request and to a reasonable extent, insofar as such documentation exists and is reasonable to provide.
       4. Rights to AI Output

          The Provider does not assume or claim ownership of the AI Output, particularly with regard to intellectual property rights. To the extent that the Provider is entitled to rights in the generated AI Output under applicable law, the Provider grants or transfers such rights to the Customer to the extent necessary for the contractually intended use of the AI Output, particularly with regard to intellectual property rights. Third-party rights as well as pre-existing rights of the Provider shall remain unaffected.

       5. AI Model Training

          The Provider ensures that Input is not used to train the third-party provider's AI Models.

       6. Discretion in AI Model selection

          The selection, deployment, and replacement of the underlying AI Model used for the AI System shall be at the sole and equitable discretion of the Provider (§ 315 BGB). The Customer has no claim to the use of a specific AI Model, a particular model version, or a specific third-party manufacturer, unless this has been contractually agreed. The Provider may update or change the AI Model at any time.

    4. Use of AI in the Provision of Checkmk OEM Support

       The Provider is entitled to use AI Systems for the provision, analysis, and optimization of Checkmk OEM Support services for Checkmk Cloud (SaaS) and Checkmk Software (Self-Hosted) (Support Purposes). The Provider shall ensure that customer data transmitted to AI Systems during the provision of support services is not used to train the general AI-Models of third-party providers. To this end, the Customer grants the Provider the necessary, non-exclusive rights of use to the corresponding customer data, limited to the Support Purposes.

13. Mainlining Customer Developments and Customer Suggestions

    If the Customer or its Affiliates develop modifications, plug‑ins, or extensions (Customer Developments) and submit such Customer Developments to the manufacturer of Checkmk or otherwise make them available for use in the standard product (for example, via a GitHub pull request), the provisions and grant of rights of the Checkmk Contributor License Agreement, available at https://github.com/Checkmk/checkmk/blob/master/doc/cla/cla.md apply to those Customer Developments. The grant of rights does not apply to Customer Developments that are submitted for the purpose of obtaining support or consulting services. If the Customer or its Affiliates submit suggestions for new features or improvements via https://ideas.checkmk.com/ or elsewhere, these suggestions may be used unconditionally and without restriction. In particular, no confidentiality obligations apply to such suggestions.

14. Export Control
    1. The Customer must comply with all relevant national, European and – if applicable – U.S. export control laws and regulations, including their sanctions and embargoes, in their respective valid versions (Export Control Regulations) when accessing, using, and, if applicable, making available Checkmk Cloud (SaaS), data and information (Export Data) that the Provider provides.
    2. Prior to accessing, using and/or making available the Export Data or carrying out any other activity in connection with the Export Data provided by the Provider (Transfer of the Export Data), the Customer must, inter alia, verify and ensure through the adoption of suitable measures
       1. that the Transfer of the Export Data does not violate the provisions of any EU and – if applicable – U.S. embargo including account restrictions on domestic transactions and prohibitions of circumvention that are specified therein;
       2. that the Export Data will not be used for nuclear purposes, purposes related to weapons of mass destruction WMD or for military purposes in a country under an arms embargo (Sensitive Uses) or transferred to third parties who intend to use the data for Sensitive Uses;
       3. that the EU and – if applicable – U.S. sanctions lists (i.e., those of the U.S. authorities BIS and OFAC) concerning business transactions with the persons, companies and organizations specified therein are complied with; and
    3. that the Export Data will, in particular, not be passed on to persons or companies whose residential or registered office is located in countries or territories subject to economic sanctions (embargoes), such as - currently - Belarus, Iran, Cuba, North Korea, Russia, the Russian-occupied territories of Ukraine (Crimea, Sevastopol, Kherson, Donetsk, Luhansk, Zaporizhzhia), Sudan, and Syria.
    4. The Subscription Agreement is concluded and performed by the Provider subject to the condition that there are no restrictions based on the Export Control Regulations (i.e., prohibitions, licensing obligations), which stand in the way of conclusion of contract or performance.
    5. The Customer must indemnify and hold the Provider harmless from and against all actions and claims resulting from a violation of this Section 14, unless the Customer is not responsible. The Customer must compensate the Provider for any damage, loss or costs that the Provider incurs due to a violation of this Section 14, unless the Customer is not responsible.
15. Final Provisions
    1. Amendments and Updates. The Provider reserves the right to amend or update this EULA at any time if this is necessary for legal, technical, or operational reasons.
    2. Relationship of the Parties. The parties of this EULA are independent companies and nothing in the EULA will be construed as creating a partnership, employment, agency or other joint venture relationship.
    3. Third Party Beneficiaries. No provisions of the EULA are intended or will be construed to confer upon or give to any person or entity other than the Customer and the Provider any rights, remedies or other benefits under or by reason of the EULA.
    4. Headings. The headings used in this EULA are for reference only and do not change the meaning of any provision of the EULA, and will not be used in interpretation of any provision of the terms and conditions contained herein.
    5. No Waiver. The failure by either party to enforce any provision of the EULA will not constitute a waiver of future enforcement of that or any other provision.
    6. Severability. If any individual provisions of this EULA are or become wholly or partially invalid, or if there are any gaps in the provisions, the validity of the remaining provisions is not affected.