Dev Kit License Agreement
Effective date: April 1, 2026 · Tier 2 — Internal Use
Plain English summary: You may use the Heathen SDK and its production-signed drivers internally, on machines your organization owns or leases, for as long as you like at no charge. You may not redistribute the drivers to your customers or anyone outside your organization. A Commercial license is required for that.
This Dev Kit License Agreement (“Agreement”) is a legal agreement between you and the organization you represent (“Licensee”) and Outfoxed Software LLC, a Texas limited liability company doing business as Heathen Software (“Licensor”). By accepting this Agreement you confirm you have authority to bind your organization to its terms.
1. Definitions
“SDK” means the Heathen Windows Kernel Telemetry SDK, including all driver binaries, static libraries, header files, sample source code, and documentation provided under this Agreement.
“Signed Drivers” means the kernel driver binary files (`.sys`) distributed as part of the SDK that bear a digital signature issued by or on behalf of Licensor.
“Internal Use” means use on Windows machines owned or leased by Licensee and operated for Licensee’s own internal business purposes. It does not include deployment on machines owned or operated by Licensee’s customers or any third party.
2. License Grant
Subject to the terms of this Agreement, Licensor grants Licensee a non-exclusive, non-transferable, royalty-free license to:
- Install and use the SDK on Licensee’s internal systems for development, evaluation, and testing purposes
- Deploy the Signed Drivers on Windows machines used for Internal Use
- Modify and build upon the sample source code included in the SDK for internal purposes
3. Restrictions
Licensee may not:
- Distribute, sublicense, sell, rent, lease, or transfer the SDK or Signed Drivers to any third party
- Include the Signed Drivers in any product or service distributed to Licensee’s customers or end users
- Deploy the Signed Drivers on machines owned, leased, or operated by any party other than Licensee
- Modify, reverse engineer, decompile, or disassemble the Signed Drivers
- Remove or alter any proprietary notices, license identifiers, or manifest files included with the SDK
- Use the SDK in any manner that violates applicable law
Redistribution of Signed Drivers as part of a product shipped to customers requires a separate Commercial license. See heathensoftware.com/license.html.
4. Ownership
The SDK, including all Signed Drivers and static libraries, is licensed, not sold. Licensor retains all right, title, and interest in and to the SDK and all intellectual property rights therein. This Agreement does not grant Licensee any ownership rights.
5. No Warranty
THE SDK IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SDK WILL BE ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE SDK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED US DOLLARS ($100).
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. Term and Termination
This Agreement is effective from the date Licensee accepts it and continues until terminated. Licensor may terminate this Agreement immediately upon written notice if Licensee breaches any term of this Agreement and fails to cure the breach within ten (10) days of receiving notice.
Upon termination, Licensee must cease all use of the SDK and destroy all copies in its possession. Sections 4, 5, 6, 8, and 9 survive termination.
Perpetual rights for deployed instances. Notwithstanding the above, Signed Drivers deployed to Licensee’s internal machines prior to termination may continue to operate on those machines. This perpetual right does not extend to new deployments following termination.
8. Confidentiality
Licensee acknowledges that the SDK, including the Signed Drivers and static libraries, constitutes proprietary and confidential information of Licensor. Licensee agrees to take reasonable measures to protect the confidentiality of the SDK and to not disclose it to third parties except as permitted by this Agreement.
9. Governing Law and Disputes
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Any dispute arising under this Agreement shall be resolved exclusively in the state or federal courts located in Texas, and both parties consent to the personal jurisdiction of such courts.
10. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings. Any amendment must be in writing and signed by both parties. If any provision of this Agreement is found unenforceable, the remaining provisions shall continue in full force.
Questions about this agreement: hello@heathensoftware.com
This agreement was drafted to be accurate and readable. It is not a substitute for legal advice.