End User License Agreement
This End User License Agreement ("Agreement") is a legal agreement between you, either an individual or a single entity ("you" or "Licensee"), and Tessera ("Tessera", "we", "us", or "Licensor") for the Tessera software application, including all associated files, updates, and documentation (the "Software").
By downloading, installing, activating, or using the Software, you agree to be bound by this Agreement. If you do not agree, do not download, install, or use the Software.
The Software is sold through Lemon Squeezy, which acts as our authorized reseller and Merchant of Record. Your purchase is also subject to Lemon Squeezy's terms and policies.
1. Definitions
- "Software" means the Tessera self-hosted server and uptime monitoring application for Windows.
- "Subscription" means a paid, recurring plan purchased through Lemon Squeezy that entitles you to use the Software.
- "Tier" means the plan level (for example Starter, Pro, Business, or Enterprise) that determines the maximum number of monitored endpoints permitted.
- "License Key" means the unique key issued to you upon purchase that activates and validates your Subscription.
2. License Grant
Subject to your compliance with this Agreement and an active Subscription, Tessera grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software on servers or devices that you own or control, solely for your internal business or personal purposes, up to the endpoint limit of your Tier.
A separate License Key is required for each installation. Each License Key may be activated on one machine at a time. You may deactivate a License Key and re-activate it on another machine.
During a free trial period, you may use the Software without a Subscription for the duration of the trial as described in the Software.
3. Restrictions
You agree that you will not, and will not permit any third party to:
- copy, distribute, resell, rent, lease, sublicense, or otherwise make the Software available to any third party;
- reverse engineer, decompile, or disassemble the Software, except to the extent this restriction is expressly prohibited by applicable law;
- modify, adapt, or create derivative works of the Software;
- remove, alter, or obscure any proprietary notices in the Software;
- circumvent, disable, or interfere with the licensing, activation, or Tier-limit mechanisms of the Software;
- use the Software in violation of any applicable law or regulation, or to monitor systems you are not authorized to monitor.
4. Ownership
The Software is licensed, not sold. Tessera and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights. No rights are granted to you other than as expressly set out in this Agreement.
5. Subscription, Activation, and Expiry
Continued use of the paid features of the Software requires an active Subscription and a valid License Key. To activate and validate your License Key, the Software transmits the License Key and a hashed machine fingerprint to Lemon Squeezy's licensing service. See our Privacy Policy for details.
If your Subscription lapses, is cancelled, or is refunded, the Software will, after any grace period provided within the Software, cease to permit paid-tier use. The Software is designed not to delete your data upon expiry, but Tessera does not guarantee continued functionality without an active Subscription.
6. Updates
Tessera may, but is not obligated to, provide updates, bug fixes, or new versions of the Software. The Software may periodically check for the availability of updates by contacting Tessera's servers; this check can be disabled in the Software's settings. This Agreement governs any updates unless the update is accompanied by a separate agreement.
7. Self-Hosted Data
The Software runs on your own servers. Your monitoring configuration, check results, user accounts, and alert settings remain on infrastructure you control. Tessera does not collect, receive, or have access to this data. You are solely responsible for the security, backup, and lawful use of your installation and its data.
8. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TESSERA DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT IT WILL DETECT OR REPORT ALL OUTAGES, FAILURES, OR EVENTS.
9. Monitoring Reliance
The Software is a monitoring and alerting tool provided as an aid only. It is not a guarantee of uptime, availability, or timely notification. Alerts may be delayed, missed, or fail to deliver for reasons inside or outside of the Software's control, including network conditions, third-party email or messaging providers, misconfiguration, and hardware or power failures. You must not rely solely on the Software to detect or prevent downtime, data loss, security incidents, or other events, and you are responsible for maintaining independent safeguards appropriate to your needs.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TESSERA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TESSERA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE WILL NOT EXCEED THE AMOUNTS YOU PAID FOR THE SUBSCRIPTION IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
11. Term and Termination
This Agreement is effective until terminated. It terminates automatically if you breach any of its terms, or when your Subscription ends. Upon termination, you must cease using the Software and, at Tessera's request, uninstall and delete all copies. Sections 4, 8, 9, 10, 12, and 13 survive termination.
12. Governing Law
This Agreement is governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws rules. The exclusive venue for any dispute arising under this Agreement will be the state or federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction of those courts, except where prohibited by applicable law.
13. General
This Agreement, together with the Privacy Policy and Refund Policy and any terms of Lemon Squeezy applicable to your purchase, is the entire agreement between you and Tessera regarding the Software. If any provision is held unenforceable, the remaining provisions remain in effect. Tessera may update this Agreement from time to time; the updated version will be posted at gettessera.io with a revised "Last updated" date, and your continued use of the Software after changes take effect constitutes acceptance.
14. Contact
Questions about this Agreement: legal@gettessera.io