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