Software License Agreement


	Home : Download : Software License Agreement IMPORTANT: PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("SLA") CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE SOFTWARE: BY DOWNLOADING, INSTALLING, AND OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY ALL OF THE FOLLOWING BINDING CONTRACTUAL SOFTWARE LICENSE AGREEMENT’S ("SLA") RESTRICTIONS, TERMS AND CONDITIONS. THIS SLA AFFECTS YOUR LEGAL RIGHTS BY, AMONG OTHER THINGS, REQUIRING MANDATORY ARBITRATION OF DISPUTES. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING RESTRICTIONS, TERMS AND CONDITIONS OF THIS SLA, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE. IF YOU PRE-PURCHASED THE SOFTWARE BEFORE READING THIS SLA AND DO NOT AGREE WITH ANY PORTIONS OF THIS SLA, THEN YOU MAY RETURN THE ORIGINAL SOFTWARE TO OBTAIN A REFUND, PROVIDED ALL COPIES AND INSTALLATIONS OF THE SOFTWARE HAVE BEEN UNINSTALLED AND ALL COPIES HAVE BEEN DESTROYED. BY USING THE SOFTWARE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE COMPLETELY READ AND FULLY UNDERSTAND ALL ASPECTS OF THIS SLA, AND THEREFORE ACCEPT AND AGREE TO COMPLY WITH ALL OF THE RESTRICTIONS, TERMS AND CONDITIONS HEREIN. 1. LICENSE. This Software License Agreement ("SLA") is a binding, contractual, legal agreement between you (either an individual or other entity), and 3DSNMP, which becomes legally binding once you separately agree to the SLA prior to downloading, and when you agree to the SLA by installing the software, and when you reaffirm your agreement to the SLA by using the software, whichever comes first. 2. OWNERSHIP. The software (including all files, updates, patches, documentation, and other related components), provide to you in any media format (e.g. either downloaded or physical), are licensed, not sold, to you by 3DSNMP, for use only under the restrictions, terms, and conditions of this SLA. While you may own any physical media provided with respect to how the software is recorded, 3DSNMP and its licensor(s) retain all intellectual property rights including but not limited to ownership of the software itself. If you ever submit or otherwise provide to 3DSNMP any product ideas, feedback, suggestions (or any other such enhancement requests), relating to the 3DSNMP website, company operations, its software or its documentation, then you irrevocably agree to assign and forever transfer any and all of your rights, title, and interest pertaining to any such submissions permanently to 3DSNMP without compensation. 3. PERMITTED USE. a. Upon your acceptance of the restrictions, terms, and conditions of this SLA, you will be permitted to install and use a single copy of the software in its originally installed state onto a single computing device or virtual machine, for internal use within your own internal home or internal organization only. b. Additionally, if this software license has been purchased by an Internet Service Provider, a Web Hosting Provider, or an Application Service Provider, you may use the software to manage and monitor your customers remote locations; provided, however, that you do not supply any copies of the software, or any access to the software, to your customers. c. You may make a single backup copy of the software for the legal purposes of personal archival storage only, provided that (i) the backup copy is unmodified from its original form and contains all copyright and other proprietary rights notices and (ii) the backup copy is kept in a reasonably protected and secure environment that prevents others from downloading or otherwise obtaining the software. 4. RESTRICTIONS. a. This SLA does not allow the software (including but not limited to its separate files and updates) to exist on more than a single computing device or other virtual machine at a single time. b. Except as expressly allowed in the "Permitted Use" section contained herein, if you provide any services to any third party networks outside of your own internal organization, then your customers are required to purchase their own software licenses for their own internal network use. c. You may not distribute or otherwise make available the software (or any of its files or other components) to any third party, to any network, or in any other manner which allows it to be used by multiple devices (or virtual machines) at the same time (please contact 3DSNMP for information on obtaining an amended volume license agreement for permitting multiple devices). d. This SLA does not grant you any rights to use any portion of 3DSNMP’s intellectual property rights or any of the software’s proprietary software interfaces (please contact 3DSNMP for information on obtaining an amended technology license agreement for permitting alternate usage). e. You may not modify or attempt to derive the source code of (decompile, disassemble, decrypt, or any attempt to reverse engineer) any portion of the software or its included files and updates. Any breach of this restriction is a violation of the rights of 3DSNMP and its licensor(s) and may subject you to prosecution and damages. f. The software is not intended for use in any scenario or environment which could lead to personal, physical, or environmental damage (such as but not limited to power plants, nuclear operations, medical emergencies, etc), and you specifically agree not to use the software in any such situation. g. You may not modify or remove any of 3DSNMP’s or its licensor’s copyright, patent, or trademark notices; or trade names, logos, or any other legal notices. h. You may not use any unlock code, activation key, or any other activation technology obtained from anywhere, other than 3DSNMP and its specifically authorized resellers and affiliates. 5. GOVERNMENT. The software (including all of its files, components, updates, and documentation) are "Commercial Item" as that term is defined in 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" as such terms are used in 48 C.F.R. 12.212 or C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227-7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions contained herein. Manufacturer is 3DSNMP, located at 12710 DuPont Circle, Tampa, FL, 33626. Unpublished rights reserved under the copyright laws of the United States. 6. TRANSFER. You (or any other entity) may not rent, lease, lend, sublease, or otherwise permit any access to (either remote, virtual machine, terminal services, downloaded copy, or otherwise), any portion of 3DSNMP’s intellectual property, its software or its documentation. 7. CONSENT TO USE YOUR DATA. You acknowledge and agree that 3DSNMP and its subsidiaries may, from time to time, collect and use certain non-personal technical related information, such as but not limited to your computer’s hardware specifications and its other connected hardware devices, to facilitate the enhancement of 3DSNMP’s software, its software updates, and to verify compliance with the restrictions, terms, and conditions of this SLA. In addition, you further acknowledge and agree that 3DSNMP reserves the right to save and analyze all of your personal registration and usage data for internal purposes only, in order to enable us to respond to your inquiries and contact you as necessary. 8. THIRD-PARTIES. Certain portions of the software may contain files, components, external web links, or other materials, from third parties which have been provided for your convenience or licensed for use in the software by 3DSNMP. You acknowledge and agree that 3DSNMP is not responsible for examining or evaluating any aspect of the accuracy, infringement, completeness, legality, or quality of any such third-party web sites, licensed files, components, or other materials. 9. EXPORT CONTROL. You may not export or re-export the software outside of the United States except as authorized by United States law. Additionally, without limitation, you are not permitted to export or re-export the software into any United States embargoed countries, or to anyone on the following United States lists: Treasury Department’s list of Specially Designated Nationals; Department of Commerce Denied Persons (or Entity) lists. 10. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY INSTALLATION AND OR USE OF THE SOFTWARE, ITS RELATED FILES, CONTROLS, DOCUMENTATION, UPDATES, SERVICES, WEBSITES, AND THIRD PARTY CONTENT, IS AT YOUR SOLE RISK; AND THAT THE SOFTWARE, ITS RELATED FILES, CONTROLS, DOCUMENTATION, UPDATES, SERVICES, WEBSITES, AND THIRD PARTY CONTENT, ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND; AND THAT 3DSNMP EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, ACCURACY OF DATA, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SPECIFICALLY, 3DSNMP DOES NOT WARRANT THAT THE SOFTWARE OR ITS SERVICES WILL OPERATE WITHOUT INTERRUPTION, BE ERROR-FREE, OR ACHIEVE ANY SPECIFIC RESULTS. 11. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL 3DSNMP OR ANY OF ITS LICENSORS, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR LOSS OF GOODWILL, OR LOST PROFITS, OR LOST OPPORTUNITIES IN ANY WAY RELATING TO THIS AGREEMENT, OR RESULTING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY HARDWARE OR THIRD-PARTY SOFTWARE AND OR SERVICES, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE, EVEN IF 3DSNMP HAS BEEN NOTIFIED OF OR REASONABLY COULD HAVE FORESEEN THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING, AND REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY, OR OTHERWISE. IN THE EVENT THAT THE SOFTWARE OR ANY REPORT OR INFORMATION GENERATED BY THE SOFTWARE IS USED IN CONNECTION WITH ANY DIAGNOSIS OR TREATMENT BY YOU OR ANY AUTHORIZED USER AND OR ANY OF YOUR EMPLOYEES, AGENTS, AND OR REPRESENTATIVES, YOU AGREE TO ACCEPT ALL RESPONSIBILITY IN CONNECTION THEREWITH, INCLUDING RESPONSIBILITY FOR INJURY, DAMAGE AND OR LOSS RELATED TO SUCH DIAGNOSIS OR TREATMENT. IN NO EVENT WILL 3DSNMP’S LIABILITY FOR ANY DAMAGES TO YOU OR ANY THIRD PARTY EVER EXCEED THE LICENSE FEES ACTUALLY PAID BY YOU TO 3DSNMP FOR THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY, OR OTHERWISE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 12. FUNDAMENTAL PARTS. The DISCLAIMER OF WARRANTIES and LIMITATIONS OF LIABILITY contained in this software license agreement are fundamental parts of the basis of 3DSNMP’s bargain hereunder, and you acknowledge and agree that 3DSNMP would not be able to provide the software or services to you absent such limitations. The foregoing limitations will apply notwithstanding the failure of essential purpose of any limited remedy herein. 13. JURISDICTION. This SLA will be governed by the laws of the State of Florida within the United States of America, without regard to, or application of, rules or principles regarding conflicts of law. The state and federal courts located in the State of Florida shall have sole and exclusive jurisdiction over any disputes arising under this SLA, and you agree to submit to the personal jurisdiction of such courts located in Hillsborough County in the State of Florida. Some jurisdictions may not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer; or some jurisdictions may not allow the limitation of liability for personal injury, or of incidental or consequential damages; so portions of the limitations in the DISCLAIMER OF WARRANTIES and or LIMITATION OF LIABILITY may not apply to you. This SLA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 14. INDEMNITY. You agree to indemnify, defend, and hold harmless, 3DSNMP and its licensors, agents, officers, directors, employees, contractors, and representatives, from any suits, losses, claims, demands, liabilities, costs, and expenses (including reasonable fees for attorneys) that 3DSNMP may sustain or incur from your use of the software, from your breach of any of your obligations, or any restrictions set forth in this SLA, or from 3DSNMP’s enforcement of this SLA against you. 15. NO DUTY TO CORRECT ERRORS. You acknowledge and agree that 3DSNMP has no obligation under this SLA to correct any defects or errors in the software, its related files, controls, documentation, updates, services, websites, or third party content, regardless of whether you inform 3DSNMP of such defects or errors, or if 3DSNMP otherwise becomes aware of such defects or errors. 16. TERM AND TERMINATION. This SLA is effective immediately once you separately agree to the SLA prior to downloading, and when you agree to the SLA by installing the software, and when you reaffirm your agreement to the SLA by using the software, whichever comes first. You may terminate this SLA at any time by completely uninstalling, destroying all copies and backups of, and all license keys for, the software. This SLA will terminate automatically without notice from 3DSNMP if you fail to comply with any terms, conditions, or provisions of this SLA. All provisions, terms, and conditions of this SLA pertaining to disclaimer of warranties, limitation of liability, remedies, damages, and indemnity, will survive termination of this SLA. 17. SURVIVABILITY. If any terms, conditions, or provisions of this SLA are held to be unenforceable, then that specific provision will be disregarded for the purposes of the dispute or other circumstance giving rise to such finding, and all of the remaining terms, conditions, and provisions will remain in full force and effect. 18. COMPLETE AGREEMENT. This SLA is the complete and exclusive statement of the agreement between you and 3DSNMP, which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this SLA. 19. ASSIGNMENT. You may assign this SLA only if you assign all of your rights hereunder, and only if you thereafter destroy or transfer to the assignee all full or partial copies of the software in your possession, and only if the assignee agrees to assume and to be bound by your obligations and all of the terms, conditions and provisions of this SLA; otherwise any attempted or purported assignment by you shall be null and void. 3DSNMP may assign or transfer this SLA in its sole discretion. 20. GENERAL. In the event that 3DSNMP or its licensors prevails in any proceeding or lawsuit brought by either party in connection with this SLA, 3DSNMP and or its licensors will be entitled to receive its costs, expert witness fees, and reasonable attorney’s fees, including costs and fees on appeal. The failure of 3DSNMP to require your performance of any terms, conditions, or provisions in this SLA shall not affect 3DSNMP’s full right to require such performance at any time thereafter; nor shall the waiver by 3DSNMP of any breach of any terms, conditions, or provisions of this SLA be taken or held to be a waiver of the provision itself. 21. COPYRIGHT. The software (including but not limited to any images, animations, text, related websites, computer program code, compiled program code, general content, third party controls, or otherwise included items), is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the software (including but not limited to any images, animations, text, related websites, computer program code, compiled program code, general content, third party controls, or otherwise included items), are owned by 3DSNMP or its licensors. All third party controls distributed or bundled with the software are provided WITHOUT ANY WARRANTY whatsoever including but not limited to implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. 22. WEB SITES. Any use of a 3DSNMP web site constitutes consent to its additional Terms of Use and Privacy Policy agreements. 23. MANDATORY ARBITRATION TO RESOLVE DISPUTES/CLASS ACTION WAIVER/JURY TRIAL WAIVER: a. ARBITRATION. PLEASE READ THIS PROVISION CAREFULLY. IT MEANS THAT, EXCEPT AS NOTED BELOW, YOU AND 3DSNMP WILL ARBITRATE OUR DISPUTES. ANY CLAIM OR DISPUTE BETWEEN YOU AND 3DSNMP IN ANY WAY RELATED TO OR CONCERNING THIS SLA, OR THE PROVISION OF SERVICES OR PRODUCTS LICENSES TO YOU, INCLUDING ANY PATENT DISPUTES ("CLAIM"), SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). b. This agreement to arbitrate also requires you to arbitrate claims against other parties relating to services or products provided or licensed to you, including suppliers of services and products and our licensors, if you also assert claims against us in the same proceeding. You and 3DSNMP acknowledge that this SLA affects interstate commerce and that the Federal Arbitration Act and federal arbitration laws applies to arbitrations under this SLA (despite the choice of law). c. BEFORE INSTITUTING ARBITRATION, YOU AGREE TO PROVIDE 3DSNMP WITH AN OPPORTUNITY TO RESOLVE YOUR CLAIM BY SENDING A WRITTEN DESCRIPTION OF YOUR CLAIM TO US AT 3DSNMP CUSTOMER RELATIONS, P.O. BOX 960, OLDSMAR, FL 34677-0960 AND NEGOTIATING WITH US IN GOOD FAITH REGARDING YOUR CLAIM. IF WE ARE NOT ABLE TO RESOLVE YOUR CLAIM WITHIN 30 DAYS OF SIGNED RECEIPT OF YOUR WRITTEN NOTICE, THEN YOU OR 3DSNMP, INSTEAD OF SUING IN COURT, MAY INITIATE ARBITRATION PROCEEDINGS WITH THE AAA. YOU MUST SERVE OUR REGISTERED AGENT IN ORDER TO BEGIN AN ARBITRATION. ARBITRATION WILL BE CONDUCTED UNDER THE AAA'S PUBLISHED ARBITRATION RULES FOR YOUR DISPUTE TYPE, WHICH ARE AVAILABLE BY CALLING THE AAA AT 1-800-778-7879 OR VISITING ITS WEB SITE AT www.adr.org. The AAA has a fee schedule for arbitrations. You will pay your share of the arbitrator`s fees and administrative expenses, except that for claims less than $1,000.00, 3DSNMP will pay your first $25.00 in AAA fees. You and 3DSNMP agree to pay all our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may only award as much and the type of relief as a court with jurisdiction in the place of arbitration that is consistent with law and this SLA. An arbitrator may issue injunctive or declaratory relief but only applying to you and 3DSNMP and not to any other customer or third party. d. CLASS ACTION WAIVER. WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION YOU AND 3DSNMP MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETERMINES IN A CLAIM BETWEEN YOU AND 3DSNMP THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THE ARBITRATION AGREEMENT WILL NOT APPLY, AND YOU AND 3DSNMP AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT IN HILLSBOROUGH COUNTY IN THE STATE OF FLORIDA. e. JURY TRIAL WAIVER. WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT YOU AND 3DSNMP WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND 3DSNMP. The Network Engineer's Toolkit Standard Edition, the Network Engineer's Toolkit Professional Edition, this Software License Agreement, the 3DSNMP Websites, and all related Documentation, are Copyright © 2008 3DSNMP. All Rights Reserved. The 3DSNMP company and product logos are trademarks of 3DSNMP. 3DSNMP is a registered DBA of Inner Four, Inc. in the state of Florida. VERSION: 1.02: MAY 29TH 2008.

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8-01-08 N.E.T. Beta 0.7.1 Released
Anyone who had an old beta key that does not work, please email beta@3dsnmp.com to instantly receive a new free key for the new version.

3dSNMP provides graphical and easy to use IPv4 and IPv6 tools based on industry standards to the network engineer. Select tools from each toolkit are specifically designed for Cisco devices. In order to facilitate 3dSNMP's support of Cisco products, 3dSNMP is a Cisco Registered Partner.

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