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- End-User License Agreement For
- Northwest Performance Software, Inc. SOFTWARE
-
- NetScanTools 4.20 (TM) is Copyright 1995-2001
- Northwest Performance Software, Inc. All rights reserved.
-
- IMPORTANT--READ CAREFULLY: This End-User License Agreement (EULA)
- is a legal agreement between you (either an individual or a
- single entity) and Northwest Performance Software, Inc. (NWPSW)
- for the NWPSW software accompanying this EULA, which includes the
- accompanying computer software, and may include associated media,
- printed materials and any "online" or electronic documentation
- ("SOFTWARE PRODUCT"). By installing the SOFTWARE PRODUCT, you
- agree to be bound by the terms of this EULA. If you do not agree
- to the terms of this EULA, do not install or use the SOFTWARE
- PRODUCT; you may, however, return it to your place of purchase for
- a full refund.
-
- Be sure to carefully read and understand all of the rights and
- restrictions described in this Northwest Performance Software,
- Inc. EULA. You will be asked to review and either accept or not
- accept the terms of the EULA. This software will not install on
- your computer unless or until you accept the terms of this EULA.
-
- BY REMOVING THE SHRINK WRAP AND/OR JEWEL CASE SEAL AND INSTALLING
- THIS SOFTWARE PRODUCT, YOU ACCEPT THE TERMS OF THIS EULA. If this
- EULA is viewed during the running of the installation program,
- your click of the "yes" button is a symbol of your signature that
- you accept the terms of the EULA.
-
- The following license agreement contains sections explicitly
- marked for TRIAL USE users and REGISTERED VERSION users.
- If you are evaluating this software, then the TRIAL USE
- sections apply to you. Users who have purchased this software
- are additionally bound by the terms of the REGISTERED
- VERSION sections. ALL OTHER SECTIONS NOT EXPLICITLY MARKED
- APPLY TO ALL USERS.
-
- For your reference, you may refer to the copy of this EULA that
- can be found in the license.txt file of this SOFTWARE PRODUCT.
- You may also receive a copy of this EULA by contacting Northwest
- Performance Software, Inc.
-
- SOFTWARE PRODUCT LICENSE
-
- The SOFTWARE PRODUCT is protected by copyright laws and
- international copyright treaties, as well as other intellectual
- property laws and treaties. The SOFTWARE PRODUCT is licensed,
- not sold.
-
- 1. GRANT OF LICENSE. This EULA grants you the following rights:
-
- Applications Software--TRIAL USE. NWPSW grants to you the
- right to use one copy of the SOFTWARE PRODUCT on a single
- computer for evaluation purposes during a Trial Usage Period
- not to exceed thirty (30) days. If you want to continue using
- this software after the Trial Usage Period, you MUST make a
- registration/purchase payment to Northwest Performance Software,
- Inc. or its authorized representatives. Using this software
- after the Trial Usage Period without purchasing the software
- is a violation of the terms of this limited license.
- Applications Software--REGISTERED VERSION. You may install
- and use one copy of the SOFTWARE PRODUCT on a single computer.
- Storage/Network Use. You may also store or install a copy of
- the SOFTWARE PRODUCT on a storage device, such as a network
- server, used only to install or run the SOFTWARE PRODUCT on
- your other computers over an internal network; however, you must
- acquire and dedicate a license for each separate computer on
- which the SOFTWARE PRODUCT is installed or run from the storage
- device. A license for the SOFTWARE PRODUCT may not be shared or
- used concurrently on different computers.
- Additional Installation Licenses. If you have acquired this
- EULA in a SOFTWARE PRODUCT with an accompanying Additional License
- Certificate, you may make the number of additional copies of the
- computer software portion of the SOFTWARE PRODUCT authorized on
- the printed copy of the Additional License Certificate, and you
- may use each copy in the manner specified above.
-
- Reservation of Rights. All rights not expressly granted are
- reserved by NWPSW.
-
- 2. DESCRIPTIONS OF OTHER RIGHTS AND LIMITATIONS.
-
- Limitations on Reverse Engineering, Decompilation, and
- Disassembly. You may not reverse engineer, decompile,
- or disassemble the SOFTWARE PRODUCT, except and only to the
- extent that such activity is expressly permitted by
- applicable law notwithstanding this limitation.
- Separation of Components. The SOFTWARE PRODUCT is licensed
- as a single product. Its component parts may not be separated
- for use on more than one computer.
- Trademarks. This EULA does not grant you any rights in connection
- with any trademarks or service marks of NWPSW.
- Rental. You may not rent, lease or lend the SOFTWARE PRODUCT.
- Support Services. NWPSW may provide you with support services
- related to the SOFTWARE PRODUCT ("Support Services"). Use of
- Support Services is governed by the NWPSW policies and programs
- described in the user manual, in "online" documentation, and/or
- other NWPSW-provided materials. Any supplemental software code
- provided to you as a part of Support Services shall be considered
- part of the SOFTWARE PRODUCT and subject to the terms and
- conditions of this EULA. With respect to technical information
- you provide to NWPSW as part of the Support Services, NWPSW may use
- such information for its business purposes, including for product
- support and development. NWPSW will not utilize such technical
- information in a form that personally identifies you.
- Software Transfer. You may permanently transfer all of your
- rights under this EULA, provided you retain no copies, you transfer
- all of the SOFTWARE PRODUCT (including all component parts, the
- media and printed materials, any upgrades, this EULA and, if
- applicable, the Certificate of Authenticity), and the recipient
- agrees to the terms of this EULA. If the SOFTWARE PRODUCT portion
- is an upgrade, any transfer must include all prior versions of the
- SOFTWARE PRODUCT.
- Termination. Without prejudice to any other rights, NWPSW may
- terminate this EULA if you fail to comply with the terms and
- conditions of this EULA. In such event, you must destroy all
- copies of the SOFTWARE PRODUCT and all of its component parts.
-
- 3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade,
- you must be properly licensed to use a product identified by NWPSW
- as being eligible for upgrade in order to use the SOFTWARE PRODUCT.
- A SOFTWARE PRODUCT labeled as an upgrade replaces and/or
- supplements the product that formed the basis for your eligibility
- for the upgrade. You may use the resulting upgraded product only in
- accordance with the terms of this EULA. If the SOFTWARE PRODUCT is
- an upgrade of a component of a package of software programs that you
- licensed as a single product, the SOFTWARE PRODUCT may be used and
- transferred only as part of that single product package and may not
- be separated for use on more than one computer.
-
- 4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT
- (including but not limited to any images, photographs, animations,
- video, audio, music, text and "applets," incorporated into the
- SOFTWARE PRODUCT), the accompanying printed materials, and any copies
- of the SOFTWARE PRODUCT, are owned by NWPSW or its suppliers. All title
- and intellectual property rights in and to the content which may be
- accessed through use of the SOFTWARE PRODUCT is the property of the
- respective content owner and may be protect by applicable copyright or
- the intellectual property laws and treaties. This EULA grants you no
- rights to use such content. If this SOFTWARE PRODUCT contains
- documentation which is provided only in electronic form, you may print
- one copy of such electronic documentation. You may not copy the printed
- materials accompanying the SOFTWARE PRODUCT.
-
- 4a. TRIAL USE COPYRIGHT ADDENDUM.
- "Unregistered" trial versions of the SOFTWARE may be uploaded
- to World Wide Web Software repositories or CDROM collections for the
- strict purpose of download and distribution to other users. This
- paragraph does not apply to purchased or registered copies of the
- SOFTWARE PRODUCT.
-
- 5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and
- documentation are provided with RESTRICTED RIGHTS. Use, duplication, or
- disclosure by the Government is subject to restrictions as set forth in
- subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
- Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2)
- of the Commercial Computer Software-Restricted Rights at
- 48 CFR 52.227-19, as applicable. Manufacturer Northwest Performance
- Software, Inc./PO BOX 148/Maple Valley, WA 98038-0148.
-
- 6. EXPORT RESTRICTIONS. You agree that neither you nor your customers
- intend to or will, directly or indirectly, export or transmit the
- SOFTWARE PRODUCT or related documentation and technical data to any
- country to which such export or transmission is restricted by any
- applicable U.S. regulation or statute, without the prior written
- consent, if required, of the Bureau of Export Administration (BXA) of
- the U.S. Department of Commerce, or such other governmental entity as
- may have jurisdiction over such export or transmission. You warrant
- and represent that neither the BXA nor any other U.S. federal agency
- has suspended, revoked, or denied your export privileges.
-
- 7. GOVERNING LAW. If you acquired the SOFTWARE in the United States of
- America, the laws of the State of Washington, U.S.A will apply to this
- contract. If this product was acquired outside the United States, then
- local law may apply.
-
- 8. QUESTIONS. Should you have any questions, or if you desire to
- contact NWPSW for any reason, please write: Northwest Performance
- Software, Inc./PO Box 148/ Maple Valley, WA 98038-0148.
-
- WARRANTY INFORMATION
-
- DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED
- BY APPLICABLE LAW, NWPSW AND ITS SUPPLIERS PROVIDE THE
- SOFTWARE 'AS IS' AND WITH ALL FAULTS, AND HEREBY DISCLAIM
- ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR
- IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
- OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
- TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE
- PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE
- SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU
- SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY
- FROM STATE/JURISDICTION TO STATE/JURISDICTION.
-
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED
- BY APPLICABLE LAW, IN NO EVENT SHALL NWPSW OR ITS
- SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
- OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT
- LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY,
- DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
- INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER
- PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO
- USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO
- PROVIDE SUPPORT SERVICES, EVEN IF NWPSW HAS BEEN ADVISED
- OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, NWPSWÆS
- ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE
- LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE
- SOFTWARE PRODUCT. BECAUSE SOME STATES AND JURISDICTIONS
- DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY,
- THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
-
-
- 1200
-