jSNMP Enterprises jSNMP Enterprise(tm) SOURCE CODE LICENSE AGREEMENT Important Legal Notice Read Carefully This license agreement is a legal agreement ("Agreement") between you (either an individual or an entity) and jSNMP Enterprises. By installing, using or copying the jSNMP Enterprise software, you consent to be a party to this Agreement and you agree to be bound by its terms. IF YOU DO NOT AGREE, do not install or use the jSNMP Enterprise software; you may, however, return it to the place of purchase for a full refund. 1. LICENSE GRANT. jSNMP Enterprises grants you a nonexclusive, terminable license to install and use the jSNMP Enterprise Source Code included with this Agreement (together with the associated media, printed materials, and online or electronic documentation, all or part of which are "jSNMP Enterprise") (the "Software"). This license also provides for the development of derivative works you create using the Software. Your rights and obligations regarding the use of this Software are as follows: You may: (i.) Use, copy and develop derivative works based on the Software. Derivative works may consist of computer programs in executable form, which use or incorporate at least a portion of the object code of the Software, but which do not include source code of the Software. You must include the following copyright notice on each copy of any derivative work developed using all or any part of the Software. jSNMP Enterprise(tm) Copyright (c) 2003-2005 jSNMP Enterprises All rights reserved You may not: (i.) Sublicense, rent or lease the Software in its entirety or charge a fee or other consideration for it. (i.) Redistribute the Source Code. By exercising any rights in this section, you agree to indemnify, hold harmless, and defend jSNMP Enterprises from and against any claims or lawsuits, including attorney's fees, which are based on your use of the Software or distribution of any derivative work incorporating the Software. 2. TERMINATION. jSNMP Enterprises may terminate this Agreement at any time should you commit a material breach of this Agreement. A material breach is agreed to include, but not be limited to, the violation of jSNMP Enterprises' copyright rights in the Software and/or the license, sale, distribution, sublicense or assignment of the Software beyond the rights specified in this Agreement. Upon termination of this Agreement you must destroy all copies of the Software and certify to jSNMP Enterprises that you have done so. 3. UPDATES, UPGRADES AND SUPPORT. Updates and/or upgrades to Software are NOT included. Feature enhancements, bug fixes, compatibility resolutions, and other updates to Software will NOT be available nor provided. Support for Software is NOT provided by this Agreement. 4. LIMITED WARRANTY AND LIMITATIONS OF LIABILITY. 4.1. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. JSNMP ENTERPRISES DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. JSNMP ENTERPRISES DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY YOUR REQUIREMENTS OR THAT THE SOFTWARE IS WITHOUT DEFECT OR ERROR OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERUPTED. 4.2. IN NO EVENT SHALL JSNMP ENTERPRISES OR ITS SUPPLIERS BE LIABLE FOR ANY COSTS OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF JSNMP ENTERPRISES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 4.3. JSNMP ENTERPRISES' AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT AND TO THE SOFTWARE IS LIMITED TO THE TOTAL OF ALL PAYMENTS MADE BY OR FOR YOU TO JSNMP ENTERPRISES. 4.4. Some jurisdictions do not allow exclusion or limitation of incidental or consequential damages, so the foregoing limitations or exclusions may not apply to you. 5. COPYRIGHT. jSNMP Enterprise is Copyright (c) 2003-2005 jSNMP Enterprises. All right, title and interest to jSNMP Enterprise, and all updates, documentation, related materials, and all copies thereof shall remain with jSNMP Enterprises. jSNMP Enterprise consists of unpublished copyrighted works. For any infringement claim, jSNMP Enterprises may, at its sole option and expense: (i) obtain the right for you to continue using jSNMP Enterprise; or (ii) replace or modify jSNMP Enterprise so that it becomes noninfringing; or (iii) terminate this Agreement. The foregoing states jSNMP Enterprises' entire liability for infringement claims. 6. RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraphs (a) through (d) of the Commercial Computer Software Restricted Rights clause at Federal Acquisition Regulations (FAR) 52.227-10, jSNMP Enterprises, 829 Quail Court, Arroyo Grande, California, 93420. 7. GOVERNING LAW. The laws of the state of California, U.S.A, shall govern the validity and interpretation of this Agreement. The Federal or State Courts located in the state of California shall have sole and exclusive jurisdiction to hear any dispute under this contract. 8. RESTRICTIONS ON EXPORT. The Software included herewith may be subject to restrictions and controls imposed under the U.S. Export Administration Act and Canadian Exportation Laws. You certify that neither the Software nor any of the associated documentation is being or will be acquired, shipped, transferred, or re-exported, directly or indirectly, into any country prohibited under the Act and under the Canadian Exportation Laws. 9. SEVERABILITY. Should any part or provision of this Agreement be held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining parts or provisions shall not be affected by such holding. 10. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and understanding between you and jSNMP Enterprises and supersedes all prior agreements and understandings with respect to the subject matter of this Agreement whether written or oral. This Agreement may only be modified by a license addendum, which accompanies this license or by a written document which has been signed by both you and jSNMP Enterprises. Should you have any questions concerning this Agreement or if you desire to contact jSNMP Enterprises for any reason, please write: jSNMP Enterprises 1155 Oakmont Place Nipomo, CA 93444 sales@jSNMP.com