By downloading, installing, or using OpenFire Desktop (the “Software”), you agree to the following terms and conditions. If you do not agree to these terms, you are not permitted to use the Software.

Licensor: Emberon Tech Ltd, a company incorporated in Scotland (company number SC853923), registered office 38 Thistle Street, Edinburgh, Scotland, EH2 1EN (“Emberon”, “we”, “us”). Contact: info@emberontech.com.

Last updated: 12 October 2026. This agreement replaces any prior version. If we materially change these terms, we will prompt you to re-accept them in the Software before continued use.

Definitions

• “Software” means the OpenFire Desktop application, including all updates, patches, and accompanying documentation made available to you by Emberon.
• “OpenFire Library” means the separate open-source fire-engineering calculation library published by Emberon at its public source repository, under its own open-source licence. The OpenFire Library is not part of the Software for the purposes of this agreement.
• “Subscription” means a paid, time-limited right to access and use the Software under these terms.
• “Subscriber” or “you” means the individual or legal entity accepting this agreement. If you are accepting on behalf of an organisation, you warrant that you have authority to bind it.
• “Output” means any result, report, value, chart, or calculation produced by the Software.

Software and Licensing

• OpenFire Desktop is a proprietary application built on top of “OpenFire”, a separate open-source library of fire engineering calculations. OpenFire Desktop itself is not open-source software and is distributed under its own commercial licence terms.
• Your rights to use OpenFire Desktop are granted solely under this agreement and any applicable subscription terms. No rights in OpenFire Desktop are granted under the licence of the underlying OpenFire open-source library.
• The underlying OpenFire library remains available separately under its own open-source licence. Nothing in this agreement affects your rights in respect of that library when obtained from its original source.
• Subject to payment of the applicable Subscription fees and compliance with this agreement, Emberon grants you a non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the Software for your internal professional purposes during the Subscription term.
• The licence is granted on a per-named-user basis. You must not share login credentials, Subscription keys, or installations with any other person. You may install the Software on devices you own or control, for use by the named user to whom the Subscription is assigned.

Subscription, Fees and Cancellation

• OpenFire Desktop is distributed on a subscription basis. Your Subscription payment covers the costs of distribution infrastructure and funds ongoing development of the Software. Access to official distribution channels, updates, and support services requires an active Subscription.
• Subscription fees, billing frequency, accepted payment methods, and any applicable taxes are as stated at the point of purchase or in the relevant order. All fees are exclusive of VAT unless stated otherwise.
• Subscriptions renew automatically at the end of each billing period unless cancelled before renewal. You can cancel at any time by contacting info@emberontech.com; cancellation takes effect at the end of the current paid period and no pro-rata refund is given for unused time except where required by law.
• We may change Subscription fees on no less than 30 days’ notice before the start of the next billing period. If you do not agree to the change, you may cancel before it takes effect.
• If a payment fails and is not rectified within a reasonable period, we may suspend or terminate your access to the Software.
• Statutory consumer cancellation rights (including any 14-day cooling-off right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, where applicable) are not excluded by this clause.

Licence Validation and Connectivity

The Software periodically validates your Subscription status by contacting Emberon’s servers. You consent to this validation traffic, which transmits only the information required to verify licence status. Prolonged offline use may result in the Software becoming read-only or unavailable until the next successful validation.

Proper Use

• You are solely responsible for ensuring that your use of the Software complies with all applicable laws, regulations, and standards relevant to your jurisdiction or field of activity.
• The Software is provided as a tool, and it is your responsibility to determine whether it meets your requirements and to use it properly.
• You must not: (a) copy, modify, reverse-engineer, decompile, or disassemble the Software except to the extent expressly permitted by applicable law; (b) rent, lease, sublicense, resell, or provide the Software as a service to any third party; (c) use the Software to develop a competing product or to benchmark its performance for publication without Emberon’s prior written consent; (d) remove or obscure any proprietary notices; or (e) use the Software in violation of any applicable export-control laws or sanctions regimes, including those of the UK, EU, and United States.
• The Software is intended for use by qualified fire-engineering professionals. It is not a consumer product and is not intended for use by members of the public without appropriate professional supervision.

Intended Use and Professional Judgement

The Software assists qualified professionals by performing calculations published in recognised fire-engineering references. It is an aid, not a substitute for independent professional judgement, peer review, or compliance with applicable codes and standards. You are solely responsible for: (a) selecting the correct method for the problem at hand; (b) verifying all inputs and Outputs; and (c) ensuring that any design, safety, or engineering decision based on the Software is independently justified and approved by a competent professional.

No Liability and Disclaimer of Warranties

• Warranty disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AND NONINFRINGEMENT. NO GUARANTEE IS GIVEN THAT THE CALCULATIONS, RESULTS, OR OUTPUTS PRODUCED BY THE SOFTWARE ARE CORRECT, COMPLETE, OR FIT FOR ANY PARTICULAR PURPOSE.
• Limitation of liability. To the maximum extent permitted by law, Emberon’s total aggregate liability to you arising out of or in connection with this agreement or the Software, whether in contract, delict (including negligence), breach of statutory duty, misrepresentation, or otherwise, shall not exceed the Subscription fees paid by you to Emberon in the twelve (12) months immediately preceding the event giving rise to the claim.
• Excluded losses. Emberon shall not be liable for any: (a) loss of profits, revenue, business, goodwill, contracts, or anticipated savings; (b) loss or corruption of data; (c) loss arising from reliance on any Output; or (d) indirect, consequential, special, or punitive losses, howsoever arising.
• Carve-outs. Nothing in this agreement limits or excludes Emberon’s liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be limited or excluded by applicable law. If you are a consumer, your statutory rights under UK consumer protection law are not affected.
• Your acknowledgement. Use of the Software is at your sole risk. You are solely responsible for independently verifying any Output of the Software before relying on it, and for any damage, loss, or professional consequences resulting from its use.

Indemnities

• By you. You will indemnify and keep Emberon indemnified against all losses, damages, costs, and reasonable legal fees arising out of or in connection with your breach of this agreement, your misuse of the Software, or your reliance on any Output in contravention of the Intended Use clause above.
• By Emberon. Emberon will defend you against any third-party claim that your permitted use of the Software infringes that third party’s UK intellectual property rights, and will pay any damages finally awarded, provided you promptly notify us, give us sole control of the defence, and do not admit liability. This indemnity does not apply to claims arising from (a) modifications not made by Emberon, (b) combination with software not supplied by Emberon, or (c) use of the Software after notice to stop. This clause states Emberon’s sole liability for intellectual-property infringement.

Third-Party and Open-Source Components

The Software incorporates third-party open-source components, including the OpenFire Library and other dependencies. A list of these components and their licences is available within the Software under Settings. Your use of those components is governed by their respective licences; this agreement does not override them.

Copyright and Attribution

• All rights in OpenFire Desktop, including all copyright, trademark, and other intellectual property rights, are reserved by Emberon.
• You may not copy, modify, reverse-engineer, redistribute, or create derivative works of OpenFire Desktop except as expressly permitted by this agreement or by applicable law (including, in the UK, rights under sections 50A to 50C of the Copyright, Designs and Patents Act 1988).

Termination

• By you. You may terminate this agreement at any time by cancelling your Subscription and ceasing all use of the Software.
• By Emberon for cause. We may suspend or terminate your access immediately if you materially breach this agreement, fail to pay Subscription fees when due, or use the Software unlawfully.
• By Emberon for convenience. We may terminate this agreement on 30 days’ notice if we discontinue the Software. In that event, we will refund any Subscription fees covering the period after termination.
• Effect of termination. On termination: (i) your licence ends and you must stop using the Software and remove installed copies; (ii) clauses relating to disclaimers, liability, indemnities, governing law, and any other clause which by its nature should survive, will survive; (iii) you may export your locally stored calculation data from the Software for a reasonable period before uninstall.

Privacy and Data Protection

Emberon is the data controller for personal data processed in connection with the Software. How we collect, use and protect that data, and your rights over it, are set out in our separate Privacy Notice at https://openfiresoftware.com/privacy, which forms part of this agreement.

Notices

Notices from us to you may be given in-app, by email to the address associated with your Subscription, or by posting on the Software’s update channel. Notices from you to us should be sent to info@emberontech.com or to our registered office at 38 Thistle Street, Edinburgh, Scotland, EH2 1EN.

Amendments

We may amend this agreement from time to time. Where changes are material, we will notify you in-app and require you to accept the revised terms before continued use. Non-material changes (for example, typographical corrections) take effect on posting. The “Last updated” date at the top of this agreement shows when it was last changed.

General

• Entire agreement. This agreement, together with any order you place for a Subscription, constitutes the entire agreement between you and Emberon in respect of the Software and supersedes any prior understandings.
• Severability. If any provision is held to be unenforceable, the remaining provisions remain in full force.
• No waiver. Failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign or transfer this agreement without our prior written consent. We may assign this agreement to a successor in connection with a merger, acquisition, or sale of assets.
• No partnership. Nothing in this agreement creates any partnership, agency, or employment relationship.
• Third-party rights. A person who is not a party to this agreement has no rights under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce any of its terms.
• Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control.
• Governing law. This agreement and any dispute arising out of it is governed by the laws of Scotland.
• Jurisdiction. The Scottish courts, and in particular the Court of Session in Edinburgh, have exclusive jurisdiction, except that Emberon may bring proceedings in any jurisdiction where you are located to enforce its intellectual property rights.

Acknowledgment

By using the Software, you acknowledge that:

• You understand and agree to the terms outlined in this agreement.
• You are solely responsible for ensuring that the Software is suitable for your needs and that you use it in accordance with applicable laws and standards.
• You understand that no warranty or guarantee is given regarding the correctness of the Software’s calculations or outputs, and that the authors and distributors accept no liability for any consequences arising from their use.