IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU ("LICENSEE") AND THE COMPANY (AS DEFINED BELOW). READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND DOWNLOADING THE ACCOMPANYING SOFTWARE. BY CLICKING THE ACCEPTANCE BUTTON AND DOWNLOADING OR USING THE LC4 SOFTWARE, (THE "PRODUCT"), THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, AND LICENSEE MUST NOT INSTALL OR USE THE PRODUCT.
1. LICENSE GRANT.
Security Software Technologies, Inc., a wholly owned subsidiary of @stake, Inc. (the "Company") grants Licensee a fifteen (15) day trial license to install and use (for evaluation purposes) one copy of the Product. The Product may be installed on a single computer; OR installed and stored on a storage device, such as a network server, used only to install the Product on Licensee's other computers over an internal network, provided Licensee has license for each separate computer on which the Product is installed and run. This license for the Product may not be shared or used concurrently on different computers. This license does not entitle Licensee to receive from the Company hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Product. This license is non-exclusive and non-transferable
2. RESTRICTIONS.
Licensee may not: (i) copy or reproduce the Product; (ii) modify or create any derivative works of the Product or documentation, including translation or localization; (iii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product (except to the extent applicable laws specifically prohibit such restriction); (iv) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Product; or (v) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product.
3. TERMINATION.
Without prejudice to any other rights, the Agreement shall automatically terminate on the fifteenth (15th) day following the date on which Licensee receives Product. Upon termination, Licensee shall cease using the Product and destroy all copies thereof.
3. PROPRIETARY RIGHTS.
Title, ownership rights, and intellectual property rights in the Product shall remain in the Company. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with the Company's ownership of or rights with respect to the Product. The Product is protected by copyright and other intellectual property laws and by international treaties. Licensee agrees, at its expense, to defend and hold the Company and its affiliates harmless from any and all costs, damages and reasonable attorneys' fees resulting from any claim that Licensee's use of the Product has injured or otherwise violated any right of any third party or violates any law.
4. DISCLAIMER OF WARRANTY.
THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS BORNE BY LICENSEE. SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT THE COMPANY OR ITS AFFILIATES ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
5. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE COMPANY'S AND/OR ITS AFFILIATES ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES (IF ANY) LICENSEE PAID FOR THIS LICENSE, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF THE COMPANY TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE.
6. EXPORT CONTROL.
Licensee agrees to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export the Product or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, each party shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own export of the Product from the U.S.
7. MISCELLANEOUS.
(a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof.
(b) This Agreement may be amended only by a writing signed by both parties.
(c) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the Commonwealth of Massachusetts, U.S.A., excluding its conflict of law provisions.
(d) If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect.
(e) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
(f) The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination.
(g) Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein except in the case of a merger or the sale of all or substantially all of Licensee's assets to another entity.
(h) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
(i) Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.
(j) The relationship between the Company and Licensee is that of independent contractors and neither Licensee nor its agents shall have any authority to bind the Company in any way.
8. INCLUDED THIRD-PARTY SOFTWARE
LC4 includes WinPcap software for packet capture and network analysis. Copyright (c) 1999, 2000, Politecnico di Torino. All rights reserved.
WinPcap is further derived from LibPcap software, copyright (c) 1988, 1989, 1991, 1994, 1995, 1996, 1997 The Regents of the University of California. All rights
reserved.
Redistribution of included third-party software, and use in source and binary forms, with or without modification, are permitted provided that:
1. source code distributions retain the above copyright notice and this paragraph in its entirety
2. distributions including binary code include the above copyright notice and this paragraph in its entirety in the documentation.
