Effective date: November 1, 2026
This software end-user license agreement ("EULA") is a legal agreement ("Agreement") between you (the customer, either as an individual or, if purchased or otherwise acquired by or for an entity, as an entity) and Evil Martians Inc., a Delaware corporation with its principal place of business at 77 Sands St, Brooklyn, New York 11201 ("Licensor"). Read it carefully before completing the installation process and using AnyCable Pro and all upgrades made available to you ("Software"). It provides a license to use the Software and contains warranty information and liability disclaimers. By installing and using the Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this Agreement.
"AnyCable Pro" or "Software" means the AnyCable Pro WebSocket server distributed by Licensor, together with any updates provided under an active subscription. It does not include the open-source AnyCable components, which are governed by their own licenses, nor any hosted or managed AnyCable service operated by Licensor, which is governed by separate terms.
"Instance" means one running process of the AnyCable Pro WebSocket server in a Production environment. Each replica, container, pod, or virtual machine running the Software is a separate Instance. Multiple Software processes on one host are multiple Instances. Customer's application, web, and RPC processes are not Instances.
"Production" means any environment serving live end-user or business traffic. Development, testing, staging, continuous-integration, and preview environments are not Production.
"Steady-State Peak" means the greatest number of Instances running concurrently for a sustained period during Customer's normal operation. Transient increases from autoscaling, rolling deployment, failover, or load testing are excluded.
"Tier" means the Startup, Business, Scale, or Enterprise subscription level selected by Customer at the time of purchase or identified in the Order Form. Each Tier corresponds to a range of Steady-State Peak Instances: the Startup and Business Tiers each have a maximum, the Scale Tier has a minimum and no maximum, and the allowance for the Enterprise Tier is stated in the Order Form.
"Billing Period" means the recurring interval for which Customer pays the fees for its Tier, either one (1) month or one (1) year, as selected by Customer at the time of purchase or identified in the Order Form.
"Subscription Term" means the initial Billing Period together with each subsequent Billing Period for which the subscription is renewed under Section 15.
Subject to the terms of this Agreement and payment of applicable fees, Licensor grants Customer a limited, non-exclusive, non-transferable, worldwide license during the Subscription Term, without the right to grant sublicenses, to install and run the Software in Production up to the Steady-State Peak Instance count of Customer's Tier, and in any number of non-Production environments. Customer may run the Software on any infrastructure Customer controls, including containerized, virtualized, cloud, and air-gapped environments. The Software is licensed, not sold.
(a) In order to use the Software under this Agreement, you shall receive the Installation Instructions and all other necessary installation information that will be sent to your email account at the time of purchase, in accordance with the scope of use and other terms specified for each type of Software.
(b) All Software and license documentation shall be delivered by electronic means unless otherwise specified in the applicable invoice or at the time of purchase. Software shall be deemed delivered when it is made available for download by you.
(c) Licensor grants access to the Software through a license-controlled distribution channel, which may be a container registry, a package repository, or a private source or artifact repository. Customer's access credentials are tied to Customer's active subscription and may not be shared outside Customer's organization. Licensor may issue an offline license file for air-gapped environments on request.
(a) Standard Commercial Use License. If you purchased a Standard Commercial Use License, you may use the Software for your internal operations, including translating or incorporating the Software into other software for that purpose. You may not sell, sublicense, or redistribute the Software, or provide it to third parties as a product or service, except as expressly permitted in this Agreement (see Section 5).
(b) Enterprise License. Access to and modification of the Software's source code require an Enterprise license, identified in the Order Form. An Enterprise license may be added to any Tier or purchased as the Enterprise Tier, with the instance allowance stated in the Order Form. Except under an active Enterprise license, Customer may not access, decompile, reverse engineer, or modify the Software's source code.
(a) Archive Copies. You are entitled to make a reasonable amount of copies of the Software for archival purposes. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software.
(b) Modifications. Access to and modification of the Software's source code require a separate Enterprise license (see Section 3(b)). Except under an active Enterprise license, Customer may not decompile, reverse engineer, or modify the Software. Where Customer holds an active Enterprise license, Customer is entitled to create Modifications of the original Software, and "Modification" means:
(i) any addition to or deletion from the contents of a file included in the original Software or previous Modifications created by you, or
(ii) any new file that contains any part of the original Software or previous Modifications. While you retain all rights to any original work authored by you as part of the Modifications, we continue to own all copyright and other intellectual property rights in the Software.
(a) You shall not (and shall not allow any third party to):
(i) Distribute, sublicense, rent, lease or use the Software whether modified or unmodified for time sharing, hosting, service provider or like purposes, except as expressly permitted under this Agreement;
(ii) Remove any product identification, proprietary, copyright or other notices contained in the Software.
(b) You may permit a third party to use the Software licensed to you under this EULA if such use is solely:
(i) on your behalf;
(ii) for your internal operations;
(iii) in compliance with this EULA.
(c) You agree that you are liable for any breach of this EULA by that third party.
(d) Some components of the Software, such as open source components, may be available under the terms of free public licenses, such as version of The MIT License or GNU Lesser General Public Licenses. Public license terms and other notices for such components are available at https://anycable.io/notice. If the restrictions of this Agreement would conflict with the terms of a public license for a component of the Software, the restrictions of this Agreement do not apply to that component.
Notwithstanding any other provision of this EULA, you are not permitted to use upgrades unless you, at the time of acquiring such upgrade:
(a) already hold a valid license to the original version of the Software, are in compliance with such license, and have paid the applicable fee; and
(b) limit your use of upgrades or copies to use on devices you own or lease; and
(c) make and use additional copies solely for backup purposes, where backup is limited to archiving for restoration purposes.
(a) Licensor is entitled to provide you with support and maintenance services for the period of the Agreement. Licensor determines the time necessary for the support.
(b) All Software Support, Maintenance and Services provided to you under this Agreement are provided by Licensor on an "as is" basis with no other express or implied warranty. Licensor is not liable, among other things, if the Software Support, Maintenance and/or Services will not operate free of errors, uninterrupted in your operating environment. Licensor does not warrant that the Software Support, Maintenance and/or Services will identify or protect against all known or future viruses, security or system risks.
(c) Internet-based support system is generally available by email: anycable@evilmartians.com.
(d) Critical Patches (Scale and Enterprise). For the Scale Tier and under an active Enterprise license, Licensor will use commercially reasonable efforts to provide an initial response to reports of critical defects or security issues within forty-eight (48) hours. This is a response-time target and not a guarantee of resolution, workaround, or fix within any particular period of time.
Licensor retains ownership of all intellectual property rights in and to the Software, including copies, improvements, enhancements, derivative works and modifications thereof. Your rights to use the Software are limited to those expressly granted by this EULA. No other rights with respect to the Software or any related intellectual property rights are granted or implied.
The Software license fees will be due and payable in full as set forth in the applicable invoice or at the time of purchase.
Fees for the Startup and Business Tiers are charged in advance for each Billing Period, monthly or annually as selected by Customer at the time of purchase. Fees for the Scale Tier and under an Enterprise license are invoiced annually in advance unless the Order Form provides otherwise. Fees are non-refundable except where this Agreement or applicable law expressly requires a refund.
(a) Term. Your right to use the Software begins on the date the Software is made available for download or installation and continues for the Subscription Term unless otherwise terminated in accordance with this Agreement. Each Billing Period is a fixed term, specified at the time of purchase or in the invoice; whether a Billing Period is followed by another is governed by Section 15 (Instance Tiers, Compliance, and Renewal). Either party may terminate this Agreement (including all related Invoices) if the other party:
(i) fails to cure any material breach of this Agreement within fifteen (15) working days after written notice of such breach, provided that Licensor may terminate this Agreement immediately upon any breach of Section 5 (Restricted Uses) or if you exceed any other restrictions contained in Section 3 (License Types), unless otherwise specified in this Agreement. For clarity, Customer's Steady-State Peak exceeding its Tier is not a breach for purposes of this Section and is governed solely by Section 15 (Instance Tiers, Compliance, and Renewal);
(ii) ceases operation without a successor; or
(iii) seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding, or if any such proceeding is instituted against such party (and not dismissed within sixty (60) days)).
Termination is not an exclusive remedy, and the exercise by either party of any remedy under this Agreement will be without prejudice to any other remedies it may have under this Agreement, by law, or otherwise.
(b) Termination. Upon any termination of this Agreement, you shall cease any and all use of any Software and destroy all copies thereof. Licensor is not obliged to make a refund in case of early termination of the Agreement because of your default.
(c) Expiration of License. Upon the expiration of any term under this Agreement,
(i) all Software updates and services pursuant to the license shall cease,
(ii) you may only continue to run existing installations of the Software,
(iii) any new installation of the Software shall require the purchase of a new license subscription from Licensor.
(d) Disclaimer of Warranties.
(i) The Software is provided "as is," with all faults, defects and errors, and without warranty of any kind. Licensor does not warrant that the Software will be free of bugs, errors, viruses or other defects, and Licensor shall have no liability of any kind for the use of or inability to use the Software, the Software content or any associated service, and you acknowledge that it is not technically practicable for Licensor to do so.
(ii) To the maximum extent permitted by applicable law, Licensor disclaims all warranties, express, implied, arising by law or otherwise, regarding the Software, the Software content and their respective performance or suitability for your intended use, including without limitation any implied warranty of merchantability, fitness for a particular purpose.
(a) In no event Licensor can be liable for any direct, indirect, consequential, incidental, special, exemplary, or punitive damages or liabilities whatsoever arising from or relating to the Software, the Software content or this Agreement, whether based on contract, tort (including negligence), strict liability or other theory, even if Licensor has been advised of the possibility of such damages.
(b) In no event will Licensor liability exceed the Software license price as indicated in the invoice. The existence of more than one claim will not enlarge or extend this limit.
Your exclusive remedy and Licensor's entire liability for breach of this Agreement shall be limited, at Licensor sole and exclusive discretion, to replacement of any defective Software or documentation.
You agree that Licensor and its affiliates may collect and use technical information gathered as part of the product support services. Licensor may use this information solely to improve products and services and will not disclose this information in a form that personally identifies you.
(a) Entire Agreement. This Agreement sets forth our entire Agreement with respect to the Software and the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements, whether written or oral.
(b) Amendment. Licensor reserves the right, in its sole discretion, to amend this Agreement from time to time. All amendments will be published on: https://anycable.io/eula.
(c) Assignment. You may not assign this Agreement or any of its rights under this Agreement without the prior written consent of Licensor, and any attempted assignment without such consent shall be void.
(d) Export Compliance. You agree to comply with all applicable laws and regulations, including laws, regulations, orders, or other restrictions on export, re-export, or redistribution of Software.
(e) Indemnification. You agree to defend, indemnify, and hold harmless Licensor from and against any lawsuits, claims, losses, damages, fines, and expenses (including attorneys' fees and costs) arising out of your use of the Software or breach of this Agreement.
(f) Governing Law. Pre-trial settlement of disputes within 10 (ten) days is required. If it fails, this Agreement shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions. Licensor's failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of the Agreement will remain in effect.
(g) Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this Agreement will remain in full force and effect.
(h) Waiver. Failure or neglect by either party to enforce at any time any of the provisions of this License Agreement shall not be construed or deemed to be a waiver of that party's rights under this Agreement.
(i) Contact Information. If you have any questions about this EULA, or if you want to contact Licensor for any reason, please direct correspondence to anycable@evilmartians.com.
(j) Publicity. Licensor may display Customer's name and logo on Licensor's website (https://anycable.io) to identify Customer as a user of the Software, unless the parties agree otherwise in writing. Licensor will remove Customer's name and logo within a reasonable time following Customer's written request.
(a) Tier compliance. Customer selects a Tier in the Order Form based on its Steady-State Peak number of Instances, and keeps its Production usage within that Tier. If Customer's Steady-State Peak grows beyond its Tier, Customer will move to the appropriate Tier and pay the applicable fees.
(b) Upgrading. If Customer's Steady-State Peak grows beyond its Tier, Customer will move to the appropriate Tier, either through the self-service billing portal where available for Customer's Tier, or by contacting Licensor at anycable@evilmartians.com. The higher Tier and its fee apply from the date of the change, prorated for the remainder of the current Billing Period.
(c) No runtime restriction. The Software does not disable or degrade itself if Customer exceeds its Tier.
(d) Transient usage. Brief increases from autoscaling, rolling deployment, failover, or load testing do not count toward Customer's Tier.
(e) Renewal of the Startup and Business Tiers. Subscriptions to the Startup and Business Tiers renew automatically at the end of each Billing Period for a further Billing Period of the same length, at Licensor's then-current rates for Customer's Tier, until cancelled under Section 15(f).
(f) Cancellation of the Startup and Business Tiers. Customer may cancel at any time through the self-service billing portal or by writing to anycable@evilmartians.com. Cancellation takes effect at the end of the Billing Period in which it is requested; the subscription is not renewed and no further fees are charged. Customer retains access to the Software for the remainder of that Billing Period, after which Section 10(c) (Expiration of License) applies. Fees already paid for the current Billing Period are not refunded.
(g) Renewal of the Scale Tier and Enterprise licenses. For subscriptions to the Scale Tier and licenses granted under an Enterprise license, Customer chooses in the Order Form whether the subscription renews automatically. Unless the Order Form states that it does not, the subscription renews automatically at the end of each Billing Period for a further Billing Period of the same length, at the fees in effect for the Billing Period then ending unless changed under Section 15(h), and is invoiced under Section 9. Customer may turn off automatic renewal at any time by writing to anycable@evilmartians.com; the subscription then ends at the end of the current Billing Period, after which Section 10(c) (Expiration of License) applies. Fees already paid for the current Billing Period are not refunded. Where the subscription does not renew automatically, any renewal requires a new Order Form executed by both parties, priced at Licensor's then-current rates for Customer's Tier.
(h) Changes to fees. Licensor may change the fees applicable to a renewal by giving Customer at least thirty (30) days' written notice before the start of the renewal Billing Period. A change in fees never applies to a Billing Period already paid for. If Customer does not accept the change, Customer may cancel under Section 15(f), or turn off automatic renewal under Section 15(g), before the renewal takes effect.
(a) Licensor may make the Software available for a free evaluation period of the length stated at sign-up (currently two (2) months). During that period Customer may install and run the Software subject to every term of this Agreement, at no fee.
(b) A trial does not require a payment method and does not convert into a paid subscription on its own. A paid subscription begins only when Customer purchases one.
(c) At the end of the trial, if Customer has not purchased a subscription, Section 10(c) (Expiration of License) applies and Licensor may withdraw Customer's credentials to the distribution channel described in Section 2(c).
(d) Licensor may change or withdraw the trial at any time for customers who have not yet started one.