| |
| This EULA applies ONLY to binary libraries stored on this directory |
| that can be optionally linked with PF_RING but are not integral part of it. |
| |
| -------------------------------------------------------------------------------- |
| |
| NTOP END USER LICENSE AGREEMENT |
| |
| THIS "END USER LICENSE AGREEMENT" ("EULA") IS A BINDING LEGAL AGREEMENT. BY |
| USING THE "SOFTWARES PROVIDED TOGETHER WITH THIS EULA" (THE "SOFTWARE"), OR |
| USING ANY AUTHORIZATION CODE PROVIDED BY THE LICENSOR, YOU ACKNOWLEDGE THAT YOU |
| HAVE READ THIS EULA, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY |
| ITS TERMS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS EULA, DO |
| NOT MAKE ANY USE OF THE SOFTWARE OR ANY USE OF AUTHORIZATION CODES. YOUR USE OF |
| THE SOFTWARE AND YOUR USE OF ANY AUTHORIZATION CODE IS SUBJECT AT ALL TIMES TO |
| THE TERMS AND CONDITIONS HERE, INCLUDING ALL PROVISIONS REGARDING THE |
| LIMITATIONS OF THE LICENSOR LIABILITY. |
| |
| 1. Grant of License in Favour of Registered Users. "NTOP di Deri Luca" |
| ("Licensor") grants you a non-exclusive license to use the Software (including |
| any updates of the Software that the Licensor may make available to you at his |
| own discretion) and any "documentation files pertaining to the Software" |
| ("Documentation"), only in connection with a single hardware unit with a unique |
| "Media Access Control" ("MAC") address or unique system identifier of any kind. |
| All copyright notices in the Software and Documentation must be retained at all |
| times. The Software and Documentation shall be used only for your own personal, |
| non-commercial use and not for the benefit of any other person or entity. You |
| may also make one copy of the Software in machine-readable form only for back-up |
| purposes, provided you properly reproduce also both any Licensor's copyright |
| notices/credits and any proprietary legends/disclaimers. |
| |
| 2. IP Ownership. All the intellectual property rights pertaining to Software and |
| Documentation shall be reserved to the Licensor, at all times. Provided the |
| Section 1 above, any other use of the Software by any person or entity of any |
| kind is strictly forbidden and is a violation of this EULA. All the rights not |
| expressly granted to you herein are reserved to the Licensor. You are not |
| allowed to remove any Licensor's copyright notices/credits and any proprietary |
| legends/disclaimers from any copy of Software, Documentation or any component |
| thereof. |
| |
| 3. Restrictions. You are not allowed to or permit/assist any third party to: (a) |
| publish, display, disclose, rent, lease, modify, copy, loan, distribute, or |
| create derivative works based on the Software or any part thereof; (b) reverse |
| engineer, decompile, translate, adapt, or disassemble the Software or any part |
| thereof; (c) attempt to create or otherwise reproduce in any form the source |
| code from the object code of any portion or component of the licensed Software; |
| (d) sublicense the Software or permit the exploitation of the Software by more |
| than a single hardware unit with a unique MAC address or unique system |
| identifier of any kind; (e) attempt to disable or circumvent any technological |
| protection measure of the Software or assist third parties to do so. |
| |
| 4. No Warranty. Software is provided "as it is". To the maximum extent permitted |
| by applicable laws, Licensor disclaims warranties of any kind, either explicit |
| or implied, including, without limitation, implied warranties of merchantability |
| and fitness for a particular purpose. Licensor does not warrant that the |
| functions contained in the Software will meet any requirements or needs you may |
| have, or that the Software will operate error free, or in an uninterrupted |
| fashion, or that any defects or errors in the Software will be corrected, or |
| that the Software is compatible with any particular platform. Licensor is not |
| obligated to provide any updates to the Software. |
| |
| 5. Limitation of Liability. To the extent not prohibited by applicable laws, in |
| no event shall the Licensor be liable to you or any third party for any |
| incidental or consequential damages (including - without limitation - indirect, |
| special, punitive or exemplary damages for loss of business, loss of profits, |
| business interruption or loss of business information) arising out of or related |
| to the use of or the inability to use the Software, or for any claim by any |
| other party, even if the Licensor has been advised of the possibility of such |
| damages. In no event shall Licensor's total liability to you for all damages |
| exceed the amount of the license fee paid by you to Licensor for Software and |
| Documentation. |
| |
| 6. Export Restrictions. You may not export Software and Documentation in |
| violation of applicable laws and regulations. |
| |
| 7. High Risk Activities. The licensed Software is not fault-tolerant and is not |
| designed, manufactured or intended for any kind of use with on-line control |
| equipment in hazardous environments requiring fail-safe performance (such as in |
| the operation of nuclear facilities, aircraft navigation or communication |
| systems, air traffic control, direct life support machines or weapon systems in |
| which the failure of the Software could lead directly to death, personal injury |
| or severe physical or environmental damage: all the so called "High Risk |
| Activities"). Accordingly, Licensor specifically disclaims any express or |
| implied warranty of fitness for High Risk Activities. |
| |
| 8. Ethics. The licensor commits itself to use the Software in compliance with |
| all applicable local, national and international laws, rules and |
| regulations, including any laws regarding the transmission of technical data |
| exported from its country of residence. In no case the licensed Software can |
| be used to track, spy, intercept or collect evidence of network |
| communications to be used against individuals or organizations, to prosecute |
| individuals or organizations, or to restrict their freedom. |
| |
| 9. Termination. Licensor may terminate this Agreement at any time if you violate |
| its terms. Upon termination, you must immediately destroy or return to Licensor |
| the Software and Documentation. The provisions of Sections 2 (IP Ownership), 3 |
| (Restrictions), 4 (No Warranty), 5 (Limitation of Liability) and the provisions |
| of this Section 9 (Termination) shall in any case survive the termination |
| or expiration hereof. |
| |
| 10. General Provisions, Governing Law, Jurisdiction. This EULA shall be governed |
| by, construed and interpreted in accordance with Italian Law. The licensee |
| agrees that any dispute arising from or connected to this EULA shall be |
| submitted to the exclusive jurisdiction of the Italian Specialized IP Courts. |
| Therefore, the jurisdiction of any other court is expressly excluded. This EULA |
| shall constitute the entire agreement between the parties; any waiver or |
| modification of this EULA shall be effective only if it is in writing and signed |
| by both parties. Should any part of this EULA be found invalid or unenforceable |
| by an Italian Specialized IP Court, the remainder of this EULA shall be |
| interpreted so as to reasonably effect the intention of the parties. |
| |
| EACH PARTY IS HEREBY CONFIRMING ITS AGREEMENT WITH THE FOREGOING BY SIGNING AND |
| RETURNING ONE COPY OF THIS EULA TO THE OTHER PARTY. |
| |
| PURSUANT TO ARTICLES 1341 AND 1342 OF THE ITALIAN CIVIL CODE, THE PARTIES HEREBY |
| ACKNOWLEDGE AND EXPRESSLY APPROVE SECTIONS 1 (Grant of License in Favour of |
| Registered Users), 2 (IP Ownership), 3 (Restrictions), 4 (No Warranty), 5 |
| (Limitation of Liability), 6 (Export Restrictions), 7 (High Risk Activities), |
| 8 (Ethics), 9 (Termination) AND 10 (General Provisions, Governing Law, Jurisdiction). |