End User License Agreement (EULA)
The following is the end user license agreement ("agreement") used for ObjectPlanet's Network Probe (SOFTWARE) from ObjectPlanet, Inc.
IMPORTANT -- READ CAREFULLY: By downloading, installing, or using this product, you indicate your acceptance of the following License Agreement. This is a legal agreement between you (either an individual or an entity) and ObjectPlanet Inc. ("ObjectPlanet"). If you do not accept and agree with all of the terms of this agreement, you must promptly delete any copies on your system(s).
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
"Network Probe Server Module" - this is the software module of Network Probe that will collect traffic statistics from your network and serve you the web client application and the data to be displayed.
"Network Probe Enterprise Module" - this is the software module of Network Probe that will collect and aggregate traffic from other Network Probe Server Modules and serve you the web client application and the data to be displayed as well as offer you single-sign-on possibilities.
"Single-computer mode" - in this mode, the Network Probe Server Module will collect network traffic received by or sent by the computer onto which it is installed.
"Promiscuous mode" - in this mode, the Network Probe Server Module will collect network traffic from all the computers on the network segment the probe computer is connected to. This will only work if the network card itself supports promiscuous mode and is connected to a monitored port on the switch.
THE SUBSECTIONS BELOW APPLY ONLY TO THOSE Network Probe PRODUCTS FOR WHICH YOU HAVE ACQUIRED A LICENSE.
5. USE DEFINITION.
The SOFTWARE is "in use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use".
If the SOFTWARE is an upgrade you may use or transfer the SOFTWARE only in conjunction with the prior version(s) of the SOFTWARE. Any new license agreement that comes with the new version of the software will override this one.
The SOFTWARE (including any images, photographs and text incorporated into the SOFTWARE) is owned by ObjectPlanet and is protected by Norwegian and other countries' copyright laws and international treaty provisions. Therefore you must treat the SOFTWARE like any other copyrighted material and not reproduce it except that you may either: (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes.
8. LICENSE RESTRICTIONS.
You may not (a) charge for this product using it as a for-pay consulting tool or business, (b) resell or transfer the SOFTWARE for a fee, (c) make the SOFTWARE available for use by others in any service bureau or similar arrangement; (d) distribute, sublicense, transfer, or lend the Software to any third party; (e) create any software similar to the Network Probe Enterprise Module to connect to any Network Probe Server Module(s) and serve the collected and aggregated data to a client; (f) use any software created by anyone other than ObjectPlanet to connect to any Network Probe Server Module(s) and serve the collected and aggregated data to a client; (g) integrate the SOFTWARE in any hardware with the purpose of selling the hardware as a network monitor or similar; (h) disassemble, reverse engineer or translate (except in European Union countries, to the extent allowed by law) the Software. You may transfer the SOFTWARE license without a fee on a permanent basis provided you retain no copies and the recipient agrees to the terms of this License Agreement. If the SOFTWARE is an upgrade, any transfer must include the most recent upgrade and all prior versions. Unauthorized copying and modification of the SOFTWARE is not permitted.
9. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OBJECTPLANET OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, 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 OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF OBJECTPLANET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OBJECTPLANET BE LIABLE FOR ANY USE OF THIS SOFTWARE THAT VIOLATES ANY PRIVACY LAWS OR ANY OTHER LAWS.
last revised: 2010-06-08