End-User License Agreement
Northwest Performance Software, Inc. SOFTWARE
NetScanTools® Pro is Copyright 1995-2013
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.
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,
1. GRANT OF LICENSE. This EULA grants you the following rights:
Applications Software. You may install and use one copy of the
SOFTWARE PRODUCT on a single computer. The primary user of the
computer on which the SOFTWARE PRODUCT is installed may make a
second copy for his or her exclusive use on a portable 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. You are also
entitled to make a corresponding number of secondary copies for
portable computer use as 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. PRODUCT REGISTRATION. After product installation, the
Software must be registered before it can be used beyond a
limited 'non-registered' usage period. You are allowed a
specific number uses in 'non-registered' mode before the
software requires you to input registration information supplied
by NWPSW in response to a registration submission by the
end-user. The Software will not operate beyond the
'non-registered' period without registration. Only one user is
authorized to register and use the Software as outlined in this
agreement. The product registration process is a mandatory
electronic process designed to indicate acceptance of this
agreement, update the product's end-user information in NWPSW's
records, activate the maintenance plan (if eligible), and count
installations of the Software. Providing false, misleading or
incomplete registration information or use of any part of the
product without registration is cause for termination of the
The end-user is expected to retain the registration information
sent to them by NWPSW should the end-user need to reinstall the
Licenses are registered following installation of the Software,
through an online process on NWPSW's website (requires Internet
access and is possible from any computer, not just the computer
where the Software is installed. Requires a valid email address
for return of the registration information to the end-user.
NWPSW is not responsible for lost email due to your spam
filters.). Once registered, actual use of the Software does not
require Internet access.
Successful registration and/or re-registration cannot be
construed as legitimate use. Registration and re-registration of
the Software is an accounting tool and not an enforcement tool.
Registration and re-registration of the Software is manually
reviewed and may be rejected (for example, if the license has
been previously suspended or terminated, generally due to a
violation of the license agreement or copyright infringement).
4. 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.
5. 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.
6. 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 1375/Sequim, WA 98382-1375.
7. 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.
8. 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.
9. QUESTIONS. Should you have any questions, or if you desire to
contact NWPSW for any reason, please write: Northwest
Performance Software, Inc./PO Box 1375/Sequim, WA 98382-1375.
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, NWPSW’S ENTIRE
LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO
THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE
PRODUCT OR U.S. $5.00. BECAUSE SOME STATES AND JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.