This EULA applies to NetScanTools Pro from Northwest Performance Software, Inc.
End-User License Agreement For Northwest Performance
Software, Inc. SOFTWARE
Company Website:
https://www.netscantools.com
NetScanTools® Pro is
Copyright 1995-2018
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.
Be sure to
carefully read and understand all of the rights and
restrictions described in this NWPSW 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
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.
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. 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 shall not
adapt or otherwise modify, create any derivative work,
reverse engineer, decompile, disassemble, or otherwise
attempt to derive any source code from 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 or lease 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
license.
The end-user is expected to retain the
registration information sent to them by NWPSW should the
end-user need to reinstall the software.
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 98382-4322.
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 98382-4322.
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, 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.
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