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LICENSE

LICENSE
Posted Sep 9, 1999

License agreement for the UNIX research version of AntiSniff.

tags | tool, sniffer
systems | unix
MD5 | 056fc11341d0a21ab6f6dd0f63efdb4e

LICENSE

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               L0pht Heavy Industries Research Software License

PREAMBLE: L0pht has developed the AntiSniff computer software, a
tool for detecting machines in promiscuous mode. Under the terms of
this software license the L0pht Software is distributed in source code
form for Unix. The L0pht Software is the product of L0pht Heavy
Industries and is being made available to you under the terms and
conditions of this software license agreement (the "License
Agreement" or the "License").

Any company which has or is developing a product offering that competes with
L0pht Software and Licensed Products, including: sniffer products, intrusion
detection and network management software, inlcuding hardware based
offerings and hardware/software based offerings, are disqualified from
using or viewing the AntiSniff *nix source code, without the express written
permission of L0pht Heavy Industries, Inc.

1. LICENSE GRANT

a. L0pht hereby grants to you, and you accept, a non-exclusive,
non-transferable license to use the L0pht Software and the
accompanying User Documentation only as authorized in this License
Agreement.

b. The License permits you to use, copy and modify the L0pht
Software solely for the internal, non-commercial use of your
organization. The L0pht Software, if modified, must carry prominent
notices stating that changes have been made and the dates of any
such changes. You agree that you will not assign, sublicense,
transfer, pledge, lease, rent or share your rights under the
License.

c. All rights not expressly granted herein are reserved to L0pht.

2. LIMITATIONS ON THE LICENSE

a.You may only use, copy and modify the L0pht Software as expressly
provided for in this Agreement. You must reproduce and include
this Agreement and L0pht's copyright notices on any copy and its
associated documentation.

b.You may not publish, re-publish, print, re-print or otherwise
redistribute the L0pht Software, in any form, without written
permission from L0pht. This restriction is enforced to ensure that
L0pht is the sole source of L0pht Software on the Internet and that
published versions and bug fixes are kept current.

c.The use of the L0pht Software is limited to your internal,
non-commercial use only. The use, compilation, installation,
modification, maintenance or operation must be performed by
employees of your organization. If you require assistance from
outside your organization, the L0pht Software and source code are
considered "commercial" and subject to license fees.
Neither the L0pht Software in its entirety, nor any part or element of
the L0pht, is being licensed to you for use with, or in, any hardware,
firmware, software program or other product (i) which is sold; (ii)
for which you receive any revenue; or (iii) which is provided by
you (even for free) in conjunction with any commercial activity.
Commercial licensing of the L0pht Software is available.

3. NO L0pht OBLIGATION

You are solely responsible for maintaining the L0pht Software and
the security of the operating environment in which the L0pht
Software may be used. You are solely responsible for all of your
costs and expenses incurred in connection with your use of the L0pht
Software or any application program thereunder, and L0pht shall have
no liability, obligation or responsibility therefor. L0pht shall
have no obligation to provide you maintenance, support, upgrades
or new releases.

4. NO WARRANTY OF PERFORMANCE

THE L0PHT SOFTWARE IS LICENSED "AS IS" WITHOUT WARRANTY, EXPRESS OR
IMPLIED, AS TO ITS PERFORMANCE, OF MERCHANTABILITY OR FITNESS FOR
ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF THE L0PHT IS ASSUMED BY YOU. SHOULD THE L0PHT PROVE
DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION OF SAID DEFECT AND ANY CONSEQUENCES OF SUCH
DEFECT. L0PHT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
L0PHT SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF
THE L0PHT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE
RISK REGARDING THE QUALITY AND PERFORMANCE OF THE L0PHT SOFTWARE IS
WITH YOU.

Some jurisdictions do not allow the exclusion of implied
warranties, so the above exclusion may not apply to you. This
limited warranty gives you specific legal rights, and you may also
have other rights which vary from one jurisdiction to another.

5. LIMITATION OF LIABILITY

Neither L0pht nor any other person who has been involved in the
creation, production or delivery of the L0pht Software shall be
liable to you or to any other person for any direct, indirect,
special, incidental, consequential, special or exemplary damages
or lost profits, even if L0pht has been advised of the possibility
of such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

6. TERM

This License is effective upon your receipt of this software.
The grant of the License shall automatically terminate
without notice if you breach any of the provisions hereof. You may
terminate the grant of the license at any time by destroying all
portions of the L0pht Software.

7. TRADEMARK

L0pht is a registered trademark of Licensor. No right, license, or
interest to such trademark is granted hereunder, and you agree
that no such right, license or interest shall be asserted by you
with respect to such trademark.

8. EXPORT

You agree that you will not knowingly export or transmit the L0pht
Software, directly or indirectly, to any restricted countries or
in any manner that would violate United States laws and
regulations as shall time to time govern the license and delivery
of technology abroad by persons subject to the jurisdiction of the
United States, including the Export Administration Act of 1979, as
amended, and any export administration regulations issued
thereafter.

9.U.S. GOVERNMENT AGENCIES

If you are the Department of Defense ("DoD"), the L0pht Software
shall be supplied as "Commercial Computer Software" under
paragraph 252.227-7014 of the DoD Supplement to the Federal
Acquisition Regulations ("DFARS") (or any successor regulations)
and the Government shall acquire only the license rights granted
herein (the license rights customarily provided to non-Government
users). If L0pht Software or source code is supplied to any unit or
agency of the Government other than DoD, it shall be supplied as
"Restricted Computer Software" and the Government's rights in the
L0pht Software are defined in paragraph 52.227-19 of the Federal
Acquisition Regulations ("FAR") (or any successor regulations) or,
in the case of NASA, in paragraph 18.52.227-86 of the NASA
Supplement to the FAR (or any successor regulations). You shall
take all actions reasonably necessary to protect L0pht's rights and
interest in the L0pht Software and L0pht Licensed Products in
accordance with such regulations and successor regulations
including, but not limited to, the placement of appropriate
legends on the L0pht Software and L0pht Licensed Products used by you.

10. GOVERNING LAW

This License Agreement shall be construed and governed in
accordance with the laws of the Commonwealth of Massachusetts.

11. COSTS OF LITIGATION

If any action is brought by either party to this License Agreement
against the other party regarding the subject matter hereof, the
prevailing party shall be entitled to recover, in addition to any
other relief granted, reasonable attorneys' fees and expenses of
litigation.

12. SEVERABILITY

Should any term of this License Agreement be declared void or
unenforceable by any court of competent jurisdiction, such
declaration shall have no effect on the remaining terms hereof.

13. NO WAIVER

The failure of either party to enforce any rights granted
hereunder or to take action against the other party in the event
of any breach hereunder shall not be deemed a waiver by that party
as to subsequent enforcement of rights or subsequent actions in
the event of future breaches.

14. CORRESPONDENCE

Address all other correspondence regarding this license to
antisniff@l0pht.com, or to:

L0pht Heavy Industries, Inc.
PO Box 990857
Boston MA 02199

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