End User License Agreement (EULA)
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE.
BY CLICKING ON THE "ACCEPT" BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT, OR USING THE EQUIPMENT THAT CONTAINS THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE, RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND, OR DO NOT DOWNLOAD THE PRODUCT.
The SOFTWARE is neither shareware nor freeware. The SOFTWARE is a commercial software package that is subject to international copyright laws.
Single User License Grant: Network Instruments, LLC ("DEVELOPER") and its suppliers grant to END-USER a nonexclusive and nontransferable license to use the DEVELOPER software ("SOFTWARE") in object code form solely on a single central processing unit owned or leased by END-USER or otherwise embedded in equipment provided by DEVELOPER.
Multiple-Users License Grant: DEVELOPER and its suppliers grant to END-USER a nonexclusive and nontransferable license to use the DEVELOPER SOFTWARE in object code form: (i) installed in a single location on a hard disk or other storage device of up to the number of computers owned or leased by END-USER for which END-USER has paid individual license fees purchased; or (ii) provided the SOFTWARE is configured for network use, installed on a single file server for use on a single local area network for either (but not both) of the following purposes: (a) permanent installation onto a hard disk or other storage device of up to the number of individual license fees purchased; or (b) use of the SOFTWARE over such network, provided the number of computers connected to the server does not exceed the individual license fees purchased. END-USER may only use the programs contained in the SOFTWARE (i) for which END-USER has paid a license fee (or in the case of an evaluation copy, those programs END-USER is authorized to evaluate) and (ii) for which END-USER has received a product authorization keys ("PAK"). END-USER grants to DEVELOPER or its independent accountants the right to examine its books, records and accounts during END-USER's normal business hours to verify compliance with the above provisions. In the event such audit discloses that the Permitted Number of Computers is exceeded, END-USER shall promptly pay to DEVELOPER the appropriate licensee fee for the additional computers or users. At DEVELOPER's option, DEVELOPER may terminate this license for failure to pay the required license fee.
END-USER may make one (1) archival copy of the SOFTWARE provided END-USER affixes to such copy all copyright, confidentiality, and proprietary notices that appear on the original.
EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, END-USER SHALL NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE.
END-USER agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of DEVELOPER. END-USER agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of DEVELOPER. END-USER agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to SOFTWARE and documentation shall remain solely with DEVELOPER.
SOFTWARE, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. END-USER agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import SOFTWARE.
This License shall be governed by and construed in accordance with the laws of the State of Minnesota, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License between the parties with respect to the use of the SOFTWARE.
Restricted Rights - DEVELOPER's software is provided to non-DOD agencies with RESTRICTED RIGHTS and its supporting documentation is provided with LIMITED RIGHTS. Use, duplication, or disclosure by the Government is subject to the restrictions as set forth in subparagraph "C" of the Commercial Computer SOFTWARE - Restricted Rights clause at FAR 52.227-19. In the event the sale is to a DOD agency, the government's rights in software, supporting documentation, and technical data are governed by the restrictions in the Technical Data Commercial Items clause at DFARS 252.227-7015 and DFARS 227.7202. Manufacturer is Network Instruments, 10701 Red Circle Drive, Minnetonka, MN 55343, USA.
