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Superna File & Object Analzyer EULA

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File and Object Analyzer Terms

These File and Object Analyzer Terms (the “Agreement”) constitute a legal agreement between you (“you” or “Company”) and Superna, LLC., a Delaware limited liability company with a place of business located at 945 Concord Street, Unit 213, Framingham, MA 01701 (“Superna”) govern your use of the File and Object Analyzer at no charge.  

THIS IS A LEGAL AGREEMENT. BY ACCESSING AND USING THE LICENSED PRODUCT ON A SUBSCRIPTION BASIS, YOU ARE ACCEPTING AND AGREEING TO THIS AGREEMENT ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH SUCH ACCESS, OR USE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE ON BEHALF OF COMPANY.  IF YOU DO NOT AGREE WITH ANY OF THE TERMS SET FORTH HEREIN, YOU SHOULD CEASE ACCESSING OR USING THE LICENSED PRODUCT IMMEDIATELY.

  1. Definitions:

 

  1. Affiliate means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.    

 

  1. Chat Support has the meaning set forth in Section 7.2.

 

  1. Computer System means the computer hardware equipment on which Company has elected to install and/or execute the Licensed Program.

 

  1. Device means a physical hardware or virtual system that supports the IP protocol for communications and is recognized by the Licensed Program as a manageable system.  Such Devices may be physical, virtual or a manageable component of a larger system.  Examples of Devices that may be recognized by the Licensed Program include but are not limited to: computer servers, computer clients, virtual machines, hypervisors, hypervisor management servers, blade servers, converged infrastructure devices, routers, switches, virtual switches, access points, firewalls, load balancers, wireless access points, VPN concentrators, network appliances, virtual network device instances, storage devices, storage appliances, point of sale systems, printers, phone switches, telecommunications equipment, UPS, power devices, industrial control systems and other systems supporting IP communications discovered by the Licensed Program.

 

  1. Documentation means the softcopy documentation that may be provided or made available by Superna to Company with respect to the Licensed Programs  such as user manuals, guides, release notes, or online help information.

 

  1. Effective Date means the date the Subscription begins, which shall be the date the Order Email is sent to Company.

 

  1. Forum has the meaning set forth in Section 7.1.

 

  1. Licensed Product means, collectively, the Licensed Program and the Documentation.

 

  1. Licensed Program means the executable code version of the File and Object Analyzer offering. Licensed Program includes any Updates or Upgrades that may be delivered by Superna to Company during the Subscription Term. Licensed Program does not include Prerequisites, as defined in Section 4.2, or Third-Party Code.

 

  1. Subscription refers to Company’s entitlement to use the Licensed Program and access the Forum and Chat Support for the Licensed Program during the Subscription Term.

 

  1. Subscription Term has the meaning set forth in Section 5.1.

 

  1. System Data refers to data about Computer Systems, Devices, and related software collected by Superna regarding Company’s usage of the Licensed Program.

 

  1. Third Party Code means any code, libraries or other components included in the Licensed Program as set forth here.  

 

  1. Update means a release of the Licensed Program that contains error corrections and/or minor functional enhancements.  

 

  1. Upgrade means a version of the Licensed Program that contains new or substantial functional enhancements.

 

  1. Registration; Credentials:

 

  1. Registration; Product Notifications: At its discretion, Superna may include features in the Licensed Program to prevent unlicensed use of the Licensed Program.   To validate a Subscription through the Superna website, Company must provide current, accurate information requested by Superna as part of the Subscription registration process (collectively, “Registration Information”). Company is responsible for maintaining the accuracy and completeness of Registration Information throughout the Subscription Term. By providing Superna with the Registration Information you affirmatively opt-in to receive email communications from Superna with respect to product releases and advisories, new product announcements and training and marketing materials, such as links to webcasts (“Product Notifications”). Company may unsubscribe from Product Notifications at any time. However, you acknowledge that by unsubscribing from Product Notifications Company may not receive essential information related to the Licensed Program.

 

  1. Credentials: Company is responsible for maintaining the confidentiality of its credentials to access or use the Subscription and, accordingly, will be fully responsible for all activities that occur utilizing such credentials, including any unauthorized use. Company agrees to immediately notify Superna of any unauthorized use of Company credentials or any other breach of security with respect to the Subscription. Superna will not be liable for any loss or damage arising from Company’s failure to provide Superna with accurate Registration Information or to keep their Company credentials secure.

 

  1. License; Feedback:

 

  1. License: Subject to Company’s compliance with the terms set forth in this Agreement, Superna grants to Company a limited, revocable, non-exclusive, non-transferable license to the Licensed Product solely for Company’s own internal use for the duration of the Subscription Term. This license does not extend to Company Affiliates unless agreed in writing by Superna and Company. This license to use the Licensed Program may be limited to a maximum number of Devices (each an “Authorized Use Limitation”).

 

  1. License Restrictions:

 

  1. Company shall not, and shall not permit any third party to:

 

  1. copy the Licensed Products, in whole or in part;

 

  1. modify, correct, adapt, translate, enhance, or otherwise prepare derivative works or improvements of the Licensed Products;

 

  1. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Licensed Products to any party, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service;

 

  1. transfer the Licensed Program to any third party after it is installed on the Computer System;

 

  1. reverse engineer, disassemble, decompile, decode, or adapt the Licensed Programs or Integrations except to the extent such prohibition is expressly precluded by applicable law;

 

  1. remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any disclaimers, or trademark or other proprietary rights symbols or notices, on any copy of the Licensed Products;

 

  1. use the Licensed Product or Licensed Materials in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property or other right of any third party, or that violates any applicable law;

 

  1. use the Licensed Product in such a way that results in Company’s development of software products that are directly or indirectly competitive with the Licensed Program or other Superna products or services; or

 

  1. use the Licensed Product for any purpose or application not expressly permitted by this Agreement.

 

  1. Feedback: Company may provide Superna suggestions, comments, and feedback regarding evaluation, testing and use of the Licensed Product, including but not limited to usability, bug reports, and enhancement or feature requests, recommendations or questions submitted to the forum or Chat Support ("Feedback"). Company agrees that Superna and its Affiliates shall be free to use, disclose, reproduce, license, or otherwise distribute, and exploit the Feedback as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

 

  1. Ownership; Prerequisites; Third Party Code:

 

  1. The Licensed Product is the proprietary property of Superna, its Affiliates, licensors and are protected by the copyright and trademark law of the U.S., international treaties, and other applicable laws. Superna, its Affiliates, licensors, retain all rights, title, and interest in and to the Licensed Product, including in all copies, improvements, enhancements, modifications, and derivative works thereof. Company’s rights to use the Licensed Product shall be limited to those expressly granted in Section 3.1. All rights not expressly granted to Company are retained by Superna, its Affiliates, or licensors.

 

  1. Superna shall identify a list of prerequisite hardware and software required for installation and use of the Licensed Program (“Prerequisites”). Company shall be responsible for acquiring, or authorizing Superna to acquire on Company’s behalf, all Prerequisites prior to installation and use of the Licensed Program. Superna shall not be a party to any software or other license agreement associated with the Prerequisites whether or not downloaded or installed by Superna personnel on Company’s behalf. Notwithstanding anything to the contrary in this Agreement, Superna makes no warranty of any kind with regard to the Prerequisites. 

 

  1. Superna shall identify a list of Third-Party Code contained within the Licensed Program located here and all such Third-Party Code shall be subject to the license terms set forth therein. Superna shall not be a party to any software or other license agreement associated with Company’s use of the Third-Party Code. Notwithstanding anything to the contrary in this Agreement, Superna makes no warranty of any kind with regard to the Third-Party Code.

 

 

  1. Term and Termination:

 

  1. The term of this Agreement shall be for a period commencing upon the Effective Date and continuing for a period of one (1) year, or until this Agreement is terminated in accordance with this Section 5 (the “Subscription Term”). Superna will provide notice to Company by email, or through the user interface of the Licensed Program, at least ninety (90) days prior to the expiration of the Subscription Term. Before or upon expiration of the then-current Subscription Term, Company may request a renewal of the Subscription If the Subscription is not renewed prior to expiration, upon expiration of the Subscription Term, the functionality of the Licensed Program and all features thereof shall immediately cease.

 

  1. Superna shall have the right to terminate the Subscription and Company’s ability to use the Licensed Product if Company fails to comply with the terms and conditions set forth herein (each a “Default”). In the event of a non-payment related Default, Superna shall give written notice to Company of such Default, and, if the Default has not been remedied within thirty (30) days after such notice, the Subscription shall terminate. 

 

  1. Superna shall have the right to terminate the Subscription and Company’s ability to use the Licensed Product at any time if Superna discontinues the Licensed Product upon thirty (30) days prior written notice to Company.

 

  1. Company agrees, upon termination of this Agreement for any reason, to immediately return or destroy the Licensed Product, and all copies thereof as directed by Superna and, if requested by Superna, to provide written certification of the destruction or return thereof.  

 

  1. Warranty and Indemnity Disclaimer:

 

  1. Warranty Disclaimer.

 

  1. THE LICENSED PRODUCT IS PROVIDED “AS IS,” AND SUPERNA, ITS AFFILIATES, LICENSORS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PEFORMANCE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

  1. SUPERNA, ITS AFFILIATES, LICENSORS AND RESELLERS, MAKE NO WARRANTY THAT THE LICENSED PRODUCT, THE FORUM, AND/OR CHAT SUPPORT WILL MEET COMPANY’S REQUIREMENTS, THAT THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT ANY PRODUCT DATA OR USAGE DATA STORED BY SUPERNA WILL BE SECURE FROM ALL POSSIBLE THREATS, THAT ERRORS OR DEFECTS IN THE LICENSED PROGRAM WILL BE CORRECTED, OR THAT THE LICENSED PRODUCT, FORUM OR CHAT SUPPORT WILL BE FREE OF ALL POSSIBLE VIRUSES OR OTHER HARMFUL CODE; NOR DOES SUPERNA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LICENSED PRODUCT AND/OR THE FORUM OR CHAT SUPPORT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

  1. NEITHER SUPERNA, NOR ITS AFFILIATES, LICENSORS OR RESELLERS MAKE ANY WARRANTY RELATED TO FEES, OVERAGES OR OTHER CHARGES IMPOSED BY CLOUD STORAGE SERVICE PROVIDERS AND INCURRED BY COMPANY IN CONNECTION WITH ITS USE OF THE LICENSED PROGRAM. SUCH FEES, COSTS, OR OVERAGES ARE THE SOLE RESPONSIBILITY OF COMPANY.  

6.2 SUPERNA SHALL HAVE NO INDEMNIFICATION OBLIGATION TO COMPANY, INCLUDING BUT NOT LIMITED TO CLAIMS ALLEGING THAT THE USE OF THE LICENSED PROGRAM INFRINGES OR MISAPPROPRIATES THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.

  1. Forum and Chat Support; Updates:

 

  1. Forum.

 

  1. In connection with Company’s use of the Licensed Product, Superna may make available a community platform for communication among users of the Licensed Product (the “Forum”). By  using the Forum, Company agrees to be bound by the Zendesk Customer Agreement and the Zendesk User Content and Conduct Policy – Zendesk help, which are incorporated herein by reference, and which may be updated by ZenDesk from time to time (“ZenDesk Terms”). Company agrees to monitor and control all activity conducted through its Forum account(s) to prevent any violation of these foregoing, and to keep all passwords and login information confidential.

 

  1. To encourage and foster a positive environment, Superna may designate Superna personnel to act as moderators and administrators for the Forum; however, Superna shall have no obligation to do so and no liability for any information or content posted to any  Superna Forum by any user. Superna at its sole discretion may remove or alter any User submission to the  Forum at any time, with or without notice, for violation or suspected or apparent violation of the ZenDesk Terms or any  Superna policy; for otherwise being deemed inappropriate or unlawful; or for any other reason.

 

  1. Company agrees to defend and indemnify Superna and its Affiliates and licensors, and their respective officers, directors, employees, and contractors, from and against any claim by a third party arising out of or related to Company’s use or attempted use of the Forum in violation of the ZenDesk Terms; Company’s violation of any law or the rights of any third party through the Forum; or any information or content your users post to a Forum, including without limitation any claim of infringement, misappropriation, or violation of any intellectual property, privacy, or other right.

 

  1. Chat Support. Company acknowledges and agrees that the only support provided for the Licensed Program is through a chatbot located within the product interface (“Chat Support”). Company may only use Chat Support in compliance with the Commercial Terms of Service \ Anthropic, including (a) the Usage Policy, (b) the Anthropic policy on the countries and regions Anthropic currently supports, and (c) the Service Specific Terms, each of which is incorporated by reference into this Agreement, and which may be updated by Anthropic from time to time (the “Anthropic Terms”) and all applicable laws. Factual assertions in Outputs, as defined in the Anthropic Terms, should not be relied upon without independently checking their accuracy, as they may be false, incomplete, misleading or not reflective of recent events or information.

 

  1. Upgrades and Updates: During the Subscription Term, Superna may, but is under no obligation to, provide Company with access to Upgrades and Updates, for installation by Company.

 

  1. Confidential Information:

 

  1. Information and data supplied by either party to the other party may include confidential or proprietary information. Confidential or proprietary information (“Confidential Information”) means any information or data (including without limitation any formula, pattern, compilation, program, device, method, technique, or process) that is disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) pursuant to this Agreement and marked or otherwise identified in writing as confidential. Confidential Information of Superna includes, but is not limited to, the Licensed Product, the structure, organization, design, algorithms, methods, templates, data models, data structures, flow charts, logic flow, and screen displays associated with the Licensed Program, the Documentation, and pricing information. Confidential Information of Company may include, but may not be limited to, Company’s financial and business information, but does not include any information provided to Superna through Chat Support or the Forum. Confidential Information shall not include information that either party can demonstrate: (i) at the time of disclosure, is generally available to the public or is otherwise available to the Receiving Party other than on a confidential basis; (ii) after disclosure, becomes a part of the public domain by publication or otherwise through no fault of the Receiving Party; (iii) was disclosed to the Receiving Party by a third party not under an obligation of confidentiality to the Disclosing Party; or (iv) is or has been independently developed by the Receiving Party (as evidenced by the Receiving Party’s written records) without access to any Confidential Information of the Disclosing Party.

 

  1. Each party agrees: (i) to hold the Disclosing Party’s Confidential Information in confidence; and (ii) except as expressly authorized by this Agreement, not to, directly or indirectly, use, disclose, copy, transfer or allow access to the Confidential Information.  Notwithstanding the foregoing, a Receiving Party may disclose Confidential Information of the Disclosing Party as required by law or court order; in such event, such party shall (to the extent legally permitted) inform the other party in writing prior to any such required disclosure.  And, notwithstanding any other provision of this Agreement, Superna will not be prevented or restricted from using any technique, idea, concept, or know-how relating to Superna’s business activities.  

 

  1. Personal Information; Product Data; Usage Data:

 

  1. Company agrees to allow Superna, and its Affiliates and Resellers, to store and use the personal information Company provides to Superna in connection with its use of the Licensed Product, Chat Support and the Forum, including, but not limited to, Registration Information, System Data, and other information provided by Company to Superna (collectively “Product Data”), anywhere Superna, its Affiliates or its Resellers do business, and as set forth in the Privacy Policy at https://superna.io/privacy-policy. You confirm that you are solely responsible for any personal information that may be contained in the Product Data and for compliance with applicable data protection laws.  

 

  1. Superna will have the right to collect, extract, compile, synthesize, and analyze de-identified data and information resulting from or relating to the use or operation of the Licensed Product (“Usage Data”).  

 

  1. Company grants to Superna and its Affiliates a non-exclusive, irrevocable, royalty-free, worldwide license, with right to sublicense, to use, analyze, copy, make, sell, modify and enhance Product Data and Usage Data (not including personal information): (a) in de-identified, aggregated form for statistical purposes, and (b) to enhance and extend the functionality of the Licensed Product or other lawful purposes.

 

  1. Limitation of Liability:

SUPERNA SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, OR FOR LOST REVENUES, OR LOST DATA, SYSTEMS OR LOST PROFITS, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE

  1. General:

 

  1. Export: Company acknowledges that the Licensed Product provided hereunder may be subject to export controls. Company agrees that any Licensed Product licensed hereunder will not be exported (or re-exported from the country where it was first installed), directly or indirectly, separately or as part of a system, without Company, at its own cost, first obtaining all necessary licenses from the United States Department of Commerce and any other appropriate agency of the United States or other government as may be required by law. Company acknowledges that it shall be solely responsible for determining the extent of any such licenses required, and for any costs associated with complying with the requirements of this Section 11.1.

 

  1. U.S. Federal Government End Use Provisions: Superna provides the Licensed Product for ultimate U.S. federal government end use solely in accordance with the following:  Government technical data and software rights include only those rights customarily provided to the public as defined in this Agreement. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not conveyed under these terms, it must negotiate with Superna to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement.   

 

  1. Assignment: Company may not assign any of its obligations, rights, or remedies hereunder without prior written permission from Superna. Any attempted assignment in violation of this provision shall be null and void.

 

  1. Waiver: Any waiver of the provisions of this Agreement or of a party's rights or remedies under this Agreement must be in writing to be effective. Failure, neglect, or delay by a party to enforce the provisions of this Agreement or its rights or remedies at any time, will not be construed as a waiver of such party's rights under this Agreement and will not in any way affect the validity of the whole or any part of this Agreement or prejudice such party's right to take subsequent action. No exercise or enforcement by either party of any right or remedy under this Agreement will preclude the enforcement by such party of any other right or remedy under this Agreement or that such party is entitled by law to enforce.

 

  1. Independent Contractors: It is expressly agreed that the parties are acting hereunder as independent contractors. Neither party will be deemed to be an employee, agent, partner, franchisor, franchisee nor legal representative of the other for any purpose, and neither party will have any right, power, or authority to create any obligation or responsibility on behalf of the other.

 

  1. Severability. If any provision, or portion thereof, of this Agreement is found to be invalid, unlawful, or unenforceable to any extent, such provision of this Agreement will be enforced to the maximum extent permissible by applicable law to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. The parties will negotiate in good faith an enforceable substitute provision for any invalid or unenforceable provision that most nearly achieves the intent and economic effect of such provision.

 

  1. Equitable Relief: The obligations of Company under Sections 3.2 and 8 hereof are of a special and unique character which gives them a peculiar value to Superna and its Affiliates, licensors, and Resellers for which neither Superna nor these third parties can be reasonably or adequately compensated in damages in the event Company breaches such obligations. Therefore, Superna and its Affiliates, licensors, and Resellers, in addition to other remedies which may be available, shall each be entitled to injunctive and other equitable relief in the event of the breach or threatened breach of such obligations.

 

  1. Governing Law: This Agreement shall be governed by the substantive laws of the Commonwealth of Massachusetts, U.S.A., without regard to any conflict of law provisions. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, or by the Uniform Commercial Code, the application of which are expressly excluded. The parties agree that sole jurisdiction and venue for any dispute relating to this Agreement shall be in the state courts of Massachusetts or the United States District Court for the District of Massachusetts.  

 

  1. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to such subject matter. No terms, provisions or conditions of any purchase order, acknowledgement, or other business form that Company may use in connection with the transactions contemplated by this Agreement will have any effect on the rights, duties, or obligations of the parties under, or otherwise modify, this Agreement, regardless of any failure of Superna to object to such terms, provisions, or conditions. Except as otherwise set forth herein, this Agreement may not be amended, except by a writing signed by both parties.

 

  1. Translation: This Agreement has been prepared, and shall be interpreted, in the English language. Any translation of this Agreement into any other language is solely for the convenience of Company. In the event of an inconsistency between clauses of this English version and any translation into another language, the English language clause shall prevail.  

 

  1. Terms Subject to Change: You acknowledge and agree that Superna may change the terms of this Agreement from time to time upon reasonable notice to the email address you provided in the Registration Information or through a Product Notification. If you do not agree to any changes in this Agreement, your only remedy is to cease using the Licensed Program. Your continued use of any part of the Licensed Program after Superna has provided you with reasonable notice of such change for your review will be considered your acceptance of such change.   

Rev. [July 10, 2026]

© Superna Inc