WildPackets, Inc.
SOFTWARE LICENSE AGREEMENT
Please read this license carefully.

You are purchasing a license to use the EtherPeek NX Software. The Software is owned by and remains the property of WildPackets, Inc., is protected by international copyrights, and is transferred to the original purchaser and any subsequent owner of the Software media for his/her use only according to the license terms set forth below. Opening the packaging and/or using the Software indicates your acceptance of these terms. If you do not agree to all of the terms and conditions herein, return the Software, manuals and any partial or whole copies you have made within thirty days of purchase to the party from whom you purchased it for a refund, subject to our restocking fee.

1. Grant of License: 
WildPackets, Inc., (WildPackets), grants the original purchaser (Licensee) the limited rights to possess and use WildPackets' EtherPeek NX (Trademark) Software (Software) and User Manual, on the terms and conditions specifically set out in this License.

2. Term: 
This License is effective as of the time Licensee receives the Software, and shall continue in Effect until Licensee ceases all use of the Software and returns or destroys all copies thereof, or until automatically terminated upon the failure of Licensee to comply with any of the terms of this License.

3. Your Agreement:
SINGLE USER LICENSE
The Software is provided under a Single User License. This means that one specific individual ("Licensee") is licensed to install and use the Software on a single hard disk at one time. Neither simultaneous use by more than one individual nor multiple installation of the Software is permitted under the terms of this Single User License. The Licensee may also make ONE BACKUP COPY for the pupose of restoring the Software should he/she experience a loss of the originally installed Software image. If the Software has the capacity for multiple simultaneous capture sessions with the use of multiple network adapters, then the Licensee is permitted to use the Software from their installed platform to conduct multiple simultaneous captures.

If the Software is installed on a networked system, or on a computer connected to a file server or other system that physically allows shared access to the Software, Licensee agrees to prevent use of the Software by more than one user.

MULTIPLE USER LICENSE
If you want to install the Software on a network and provide access for more than one user, you can purchase additional single-user licenses. Each additional single-user license allows one other specific individual to install and use the Software. There is no limit to the number of additional single-user licenses that may be purchased.

Additional single-user licenses are not concurrent-user licenses (that is, each additional single-user license is associated with a specific individual). There is no restriction on the number of additional single-user licensees who may access the Software at any given time. A group of 50 users who want access to a single copy of the Software must purchase 49 additional single-user licenses so the entire work group has access, for instance.

One machine-readable copy of the software may be made for BACK-UP PURPOSES ONLY, and the copy shall display all proprietary notices, and be labeled externally to show that the back-up copy is the property of WildPackets, and that its use is subject to this License. Documentation in whole or part may not be copied.

Licensee may transfer its rights under this License, PROVIDED that the party to whom such rights are transferred agrees to the terms and conditions of this License, and written notice is provided to WildPackets. Upon such transfer, Licensee must transfer or destroy all copies of the Software.

Licensee agrees and certifies that neither the Software nor any software product containing code generated by the Software: (a) is being or will be shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder, or (b) will be used for any purpose prohibited by same.

Except as expressly provided in this License, Licensee may not use, copy disseminate, modify, distribute, sub-license, sell, rent, lease, lend, give, or in any other way transfer, by any means or by any medium, including electronic, the Software. This license is for machine readable object code only, and Licensee will use its best efforts and take all reasonable steps to protect the Software from unauthorized use, copying or dissemination, and will maintain all proprietary notices intact.

4. LIMITED WARRANTY: 
WildPackets warrants the Software media to be free of defects in workmanship for a period of ninety days from purchase. During this period, WildPackets will replace at no cost any such media returned to WildPackets, postage prepaid. This service is WildPackets' sole liability under this warranty. LICENSE FEES FOR THE SOFTWARE DO NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION OF RISK BY WILDPACKETS OR ITS LICENSOR, AND WILDPACKETS AND ITS LICENSOR DISCLAIM ANY AND ALL LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR OPERATION OR INABILITY TO USE THE SOFTWARE, OR ARISING FROM THE NEGLIGENCE OF WILDPACKETS AND ITS LICENSOR, OR THEIR EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, OR DEALERS, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, LICENSEE INDEMNIFIES AND AGREES TO HOLD WILDPACKETS AND ITS LICENSOR HARMLESS FROM SUCH CLAIMS. 

THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE LICENSEE. THE WARRANTIES EXPRESSED IN THIS LICENSE ARE THE ONLY WARRANTIES MADE BY WILDPACKETS AND ITS LICENSOR, AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY GIVES YOU SPECIFIED LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

5. General:
This license is the complete and exclusive statement the agreement of the parties. Should any provision of this License be held to be invalid by any court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remainder of the License shall nonetheless remain in full force and effect. This License shall be controlled by the laws of the State of California, and the United States of America.

6. United States Government Restricted Rights:
Use of the Software by any department, agency or other entity of the United States Federal Government is limited as follows:

(1) The Software and User Manual are provided with RESTRICTED RIGHTS, and are trade secrets of WildPackets for all purposes of the Freedom of Information Act.

(2) Use, duplication or disclosure is subject to restrictions set forth in subparagraph (c)(I)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013 or in subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer: WildPackets, Inc., 1340 Treat Blvd., Suite 500, Walnut Creek, California, 94597.
