SoftActivity Monitor

Last Updated: February 20 2026

LICENSE AGREEMENT

IMPORTANT – READ CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE

SoftActivity project by Deep Software Inc. Electronic End User License Agreement for SoftActivity Monitor and SoftActivity TS Monitor (the “Agreement”)

NOTICE TO USER: BY INSTALLING, COPYING OR OTHERWISE USING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Translations of this Agreement may be provided for convenience only. The English version is the original and controlling version of this Agreement. If there is any conflict, inconsistency, or ambiguity between the English version and any translated version, the English version will govern and prevail.

This end user license agreement accompanies SoftActivity Monitor and SoftActivity TS Monitor and related documentation (the “Software”). The term “Software” also includes any upgrades, modified versions, patches, bug fixes, or updates that Deep Software Inc. makes available to you.

Please read this Agreement carefully. You must be of legal age and capacity to enter into this Agreement. If you are not, or do not wish to accept the Agreement, do not install or use the Software.

This Agreement is between you (either an individual or an entity, “You” or “Customer”) and Deep Software Inc. (“Deep Software”). If you are accepting on behalf of an entity, you represent that you have authority to bind that entity.

Upon your acceptance of this Agreement, Deep Software grants to you a non-exclusive license to use the Software, provided that you agree to the following:

1. Definitions
1.1 “Computer” means a physical or virtual machine (including a VM, VDI instance, or server OS instance) on which the Software or any component of the Software is installed or running.
1.2 “Registration Key” means the license key issued by Deep Software that enables use of the Software.
1.3 “Maintenance” means any support and/or updates entitlement that may be purchased separately from the perpetual license, as described in Section 9.
1.4 “Order” means the applicable quote, invoice, purchase confirmation, or other commercial document describing fees, quantities, and (if applicable) Maintenance term and billing.

2. Copyright and Ownership
2.1 The Software is licensed, not sold. The Software is owned by Deep Software and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
2.2 You own your Customer Data (defined in Section 8). Deep Software retains all right, title, and interest in and to the Software, Documentation, and any improvements or modifications thereto, except to the extent prohibited by applicable law.

3. Grant of License and Term
3.1 Perpetual License Term. Subject to your ongoing compliance with this Agreement and payment of all applicable fees, Deep Software grants you a perpetual, non-exclusive, non-transferable (except as permitted in Section 14) license to install and use the Software.
3.2 “In Use”. The Software is “in use” when it is loaded in temporary or permanent memory of a Computer.
3.3 Full Version. Upon purchase of a license, you may copy and use the Software only on the number of Computers or servers for which licenses are purchased and activated, as applicable to the Software and your Order.
3.4 Evaluation/Trial/Demo Version.
(a) Use. If you have acquired an Evaluation version, you may install and use it solely for evaluation and test purposes for the duration as set out in the Software. You may not attempt to increase the functionality of the Software outside the parameters set out by the Software, including attempting to bypass or extend evaluation time limits.
(b) Distribution Rights. Deep Software grants you a royalty-free license to copy and distribute the Evaluation version of the Software in its unmodified form electronically or on physical media, provided that you comply with all other provisions in this Agreement. No fee may be charged for such distribution, and a verbatim copy of this Agreement must be provided with it. You may not grant license rights to the Software that are broader than this Agreement.
3.5 Audit Rights (License Compliance). Deep Software may, upon reasonable notice and no more than once in any 12-month period, request reasonable evidence that your use of the Software complies with the quantities and restrictions in your Order and this Agreement. You agree to cooperate and provide such evidence (for example, a written certification and relevant system inventory information). Any audit or verification is for license compliance only and does not require you to provide Customer Data. If verification shows material non-compliance, you agree to promptly purchase sufficient licenses to cure the shortfall, and you will reimburse Deep Software for reasonable audit costs.

4. Restrictions
4.1 You may not alter, modify, adapt, translate, reverse engineer, decompile, disassemble, create derivative works based on the Software, or otherwise attempt to discover the source code of the Software, except to the extent such restriction is prohibited by applicable law.
4.2 You may not sell, lease, rent, sublicense, or otherwise distribute the Software or any portion of it, except as expressly permitted in this Agreement.
4.3 You must comply with all limits and restrictions set forth in Deep Software’s Acceptable Use Policy (AUP) found at https://www.softactivity.com/acceptable-use-policy. The AUP is incorporated into this Agreement by reference.

5. Legal Compliance and Authorized Use
5.1 Monitoring Notice and Consent. The use of computer monitoring software to record an individual’s activity without their knowledge or required consent may be illegal in certain provinces, states, countries, or jurisdictions. You are solely responsible for complying with all applicable local, provincial, state, federal, and international laws and regulations, including employment, privacy, interception, and workplace monitoring laws (collectively, “Laws”).
5.2 Authorized Installers. Installation is permitted solely to Computer owners and to system administrators, security managers, and IT personnel authorized by the Computer owner (and, where applicable, by the employer or organization that controls the workplace systems).
5.3 Prohibited Use. Use of the Software in a way that violates Laws is strictly prohibited. You may not use the Software for unlawful surveillance, stalking, or monitoring of devices, accounts, or individuals without appropriate authority and required disclosures/consents.
5.4 Deep Software assumes no liability for, and is not responsible for, any misuse of the Software by you or any third party.
5.5 Relationship to Monitored Subjects. You represent and warrant that you will only install and use the Software on Computers: (i) that you are the legal owner of, or that you control with the owner’s authorization; and (ii) where you have obtained all required notices, consents, and approvals from monitored individuals as required by Laws and your internal policies (including, where applicable, employee notices and acknowledgments). Use of the Software for “spyware”, “stalkerware”, intimate-partner surveillance, or any monitoring outside of a legitimate business or authorized security purpose is a material breach of this Agreement.

6. No Warranties
6.1 The Software is provided “AS IS” and all express or implied warranties are disclaimed to the maximum extent permitted by law, including without limitation implied warranties of non-infringement, satisfactory quality, lack of viruses, merchantability, and fitness for a particular purpose.
6.2 Deep Software does not and cannot warrant the performance or results you may obtain by using the Software or documentation.
6.3 Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
6.4 Interference by Security Software. You acknowledge that the Software may be flagged, blocked, quarantined, or removed by third-party antivirus, anti-malware, endpoint detection and response (EDR), application control, or other security software or policies. Deep Software does not warrant that the Software will be exempt from such actions and is not responsible for any failure, unavailability, or loss of functionality caused by third-party security interventions.
6.5 High-Risk Activities. The Software is not fault-tolerant and is not designed for use in hazardous environments requiring fail-safe performance (for example, medical life-support, emergency services dispatch, or nuclear facilities). Deep Software specifically disclaims any express or implied warranty of fitness for High-Risk Activities.

7. Limitation of Liability
7.1 To the maximum extent permitted by law, in no event shall Deep Software, its affiliates, officers, directors, employees, contributors, or assigns be liable for any indirect, exemplary, consequential, incidental, or special damages, including without limitation procurement of substitute goods or services, lost use, lost data, lost profits, or lost savings, however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise), arising in any manner from the use of the Software, even if a Deep Software representative has been advised of the possibility of such damages.
7.2 Liability Cap. To the maximum extent permitted by law, Deep Software’s total cumulative liability arising out of or related to the Software, Maintenance, this Agreement, or any Order (including all claims in the aggregate) shall not exceed the fees actually paid by you to Deep Software for the Software and/or Maintenance in the 12 months immediately preceding the event giving rise to the claim.

8. Customer Data; Data Handling; Support Submissions
8.1 “Customer Data” means data, content, records, screenshots, activity logs, configuration, and other information that you collect, generate, store, or process using the Software.
8.2 Ownership and Control. As between the parties, you own and control Customer Data. You are responsible for Customer Data accuracy, legality, retention, security, and obtaining all required notices and consents.
8.3 On-Prem Operation. The Software is on-premises software and does not include hosted components operated by Deep Software. Deep Software does not have access to Customer Data stored in the Software, except to the extent you voluntarily provide information to Deep Software (for example, logs or screenshots) for support or troubleshooting.
8.4 Support Submissions. If you provide any Customer Data or other materials to Deep Software for support, you authorize Deep Software to use such materials solely to provide support, troubleshoot, and improve product reliability. You represent that you have the right to provide such materials and that doing so complies with Laws and your internal policies.
8.5 Backups. You are responsible for backing up your systems and Customer Data. Deep Software is not responsible for any loss or corruption of Customer Data.

9. Maintenance, Updates, and Renewal
9.1 Perpetual License. Your license to the Software is perpetual, subject to termination under this Agreement.
9.2 Maintenance (Optional). Maintenance (support and/or updates entitlement) may be offered under your Order. Maintenance is separate from the perpetual license.
9.3 Auto-Renewal and Cancellation (if enabled in your Order). If your Order provides for automatic renewal of Maintenance, Maintenance will renew for successive renewal terms unless cancelled by you. You may cancel Maintenance renewal at any time through your customer account on Deep Software’s website (or other self-service method made available by Deep Software). Cancellation stops future renewals and takes effect at the end of the then-current Maintenance term.
9.4 Manual Renewal (if enabled in your Order). If your Order provides for manual renewal, Maintenance expires at the end of the term unless you renew under a new Order.
9.5 Updates. Deep Software may make updates available at any time but is under no obligation to provide any updates. If you do not have active Maintenance, you may be ineligible to receive certain updates or support, as described in your Order.
9.6 Support Limitations. Maintenance and support (if purchased) are provided on a “best efforts” basis. Deep Software does not guarantee specific response times or that all errors will be corrected. Deep Software will not perform on-site support unless otherwise agreed in an Order.

10. Check for Updates; Limited Telemetry
10.1 By default, the Software is set to check for updates periodically. During update checks, the Software transfers only the following information to Deep Software’s servers: the Registration Key, the Software version installed, and the user interface language set in the Software.
10.2 Server Logs. Deep Software’s servers may also receive and process standard technical information needed to deliver the update-check response, such as IP address and request metadata in server logs. Deep Software uses such information for security, abuse prevention, troubleshooting, and operational integrity.
10.3 No Monitoring Data Transfer. The update-check feature does not transmit Customer Data (including screenshots or activity logs) to Deep Software, and Deep Software has no access to Customer Data stored in the Software, except as described in Section 8.

11. Indemnity
11.1 You agree, at your expense, to indemnify, defend, and hold Deep Software harmless from and against any and all losses, costs, damages, liabilities, or expenses (including reasonable legal fees) arising out of or relating to:
(a) any third-party claim based on Customer Data or information, data, files, or other content obtained, collected, or processed by you using the Software;
(b) any third-party claim resulting from your actions or failure to act in accordance with this Agreement, the AUP, or applicable Laws, including claims related to lack of required notice, consent, or authorization for monitoring; or
(c) any fraud, manipulation, or misuse by you.

12. Termination
12.1 This Agreement automatically terminates if you fail to comply with its terms.
12.2 Upon termination, you must immediately cease use of the Software, uninstall the Software, and delete or destroy all copies of the Software and Documentation in your possession or control.
12.3 Sections intended by their nature to survive termination survive, including Sections 2, 6, 7, 8, 11, 12, 13, and 15.
12.4 No Refunds for Breach Termination. No refunds or credits will be issued if this Agreement is terminated due to your breach of Section 4 (Restrictions), Section 5 (Legal Compliance and Authorized Use), or the AUP, except where required by applicable law.

13. Third-Party Software
13.1 The Software may include or interact with third-party components that are subject to their own license terms. To the extent required, those terms apply to the third-party components.

14. Assignment; Export Control
14.1 You may not assign or transfer this Agreement or any rights hereunder without Deep Software’s prior written consent, except that you may assign this Agreement in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets, provided that the assignee agrees in writing to be bound by this Agreement.
14.2 Export Control. The Software may be subject to Canadian, U.S., and international export laws and regulations. You agree not to export, re-export, transfer, or make available the Software (or any related technical data) to any country, person, or entity subject to applicable Canadian or U.S. embargoes or sanctions, or otherwise in violation of applicable export laws.

15. Governing Law and Jurisdiction
15.1 This Agreement shall be governed by, and construed under, the laws of the Province of British Columbia, Canada, without regard to conflict of law provisions.
15.2 You irrevocably submit to the exclusive jurisdiction of the courts located in British Columbia, Canada, and waive any defenses of lack of personal jurisdiction and forum non conveniens.
15.3 Class Action Waiver (To the Extent Permitted by Law). Any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. You agree not to seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, to the extent permitted by applicable law.

16. Severability; No Waiver
16.1 If any provision in this Agreement is held to be invalid or unenforceable, such provision shall be adjusted rather than voided to achieve the intent of the parties to the extent permitted by law. If it cannot be so adjusted, it shall be struck and the remaining provisions shall remain in effect.
16.2 Deep Software’s failure to act with respect to a breach by you or any other party does not waive Deep Software’s right to act with respect to any subsequent or similar breaches.

17. Entire Agreement; Changes
17.1 This Agreement (including the AUP incorporated by reference) constitutes the entire agreement between the parties concerning the Software and supersedes prior or contemporaneous understandings regarding the Software.
17.2 This Agreement may not be modified except by a writing signed by a duly authorized officer of Deep Software. Notwithstanding the foregoing, Deep Software may update the AUP from time to time by posting an updated version at the URL above.

18. Reservation of Rights
18.1 Deep Software reserves all rights not expressly granted to you under this Agreement.

19. Uninstall if You Do Not Agree
19.1 If you do not agree with the terms of this Agreement, you must remove and uninstall all Software and related files from all storage devices and cease to use the Software.