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COPYRIGHT / END USER LICENSE AGREEMENT by SLY TECHNOLOGIES

Version 1.0, January 2023

http://www.slytechs.com/free-license-txt

 

jNetWorks, jNetPcap Pro, jNetNTAPI, jNetDpdk, all Protocol Packs and supporting modules (the "Software"), are a modular network analysis and protocol emulation library which are copyright (c) 2015-2023 by Sly Technologies Inc ("Sly Technologies"). All rights reserved.

Even though the Software source code is publicly available for review, it is not open source software and may not be redistributed or used in other software without special permission from Sly Technologies. The standard (free) version is usually limited to installation on five

systems. We fund our projects by selling two types of commercial licenses to a special Software OEM edition:

1) The Software OEM Redistribution License allows companies distribute the Software within their products. Licensees may choose between a perpetual unlimited license or a quarterly term license, along with options for commercial support and updates.

Prices and details: https://slytechs.com/oem-redistribution-license

2) The Software OEM Internal-Use License is for organizations that wish to use the Software OEM internally, without redistribution outside their organization. This allows them to bypass the 5-system usage cap of the the free Software edition. It includes commercial support and update options, and provides extra Software OEM features. Prices and details: https://www.slytechs.com/oem-internal-use-license

Both of these licenses include updates and support as well as a warranty. Further details about the Software OEM are available from

https://www.slytechs.com/oem-redistribution-license, and you are also welcome to contact us at sales@slytechs.com to ask any questions or

set up a license for your organization.

If Sly Technologies (directly or through one of our commercial licensing customers) has granted you additional rights to the Software,

those additional rights take precedence where they conflict with the terms of this license agreement.

Since the the Software source code is available for download and review, users sometimes contribute code patches to fix bugs or add new

features. By sending these changes to Sly Technologies (including through direct email or our mailing lists or submitting pull requests

through our source code repository), it is understood unless you specify otherwise that you are offering Sly Technologies the

unlimited, non-exclusive right to reuse, modify, and relicense your code contribution so that we may (but are not obligated to)

incorporate it into the Software. If you wish to specify special license conditions or restrictions on your contributions, just say so when you

send them.

This copy of the Software and accompanying documentation is licensed and not sold. This Software is protected by copyright laws

and treaties, as well as laws and treaties related to other forms of intellectual property. The Sly Technologies owns intellectual property

rights in the Software. The Licensee's ("you" or "your") license todownload, use, copy, or change the Software is subject to these rights

and to all the terms and conditions of this End User License Agreement

("Agreement").

ACCEPTANCE

By accepting this agreement or by downloading, installing, using, or copying the Software, or by clicking "I Agree", you agree to be bound

by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, use, or copy the Software.

LICENSE GRANT

This Agreement entitles you to install and use five (5) copies of the Software. In addition, you may make archival copies of the Software

which may only be used for the reinstallation of the Software. This Agreement does not permit the installation or use of more than 5

copies of the Software, or the installation of the Software on more than five computer at any given time, on a system that allows shared

used of applications by more than five users, or on any configuration or system of computers that allows more than five users. A user may

only have one instance of this Agreement active at once. For example, downloading the software multiple times, downloading multiple versions of the software, and/or executing the software installer multiple times do not grant any additional rights such as using the software on more machines.

The terms "computer" and "machine" in this license include any computing device, including software computing instances such as

virtual machines and Docker containers.

Users wishing to redistribute the Software or exceed the usage limits imposed by this free license or benefit from commercial support and features such as a silent installer should contact sales@slytechs.com to obtain an appropriate commercial license agreement. More details on our OEM edition is also available from https://slytechs.com/license.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of

MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.

RESTRICTIONS ON TRANSFER

Without first obtaining the express written consent of the Sly Technologies, you may not assign your rights and obligations under this

Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.

RESTRICTIONS ON USE

You may not use, copy, or install the Software Product on more than five computers, or permit the use, copying, or installation of the

Software Product by more than five users or on more than five computers.

RESTRICTIONS ON COPYING

You may not copy any part of the Software except to the extent that licensed use inherently demands the creation of a temporary copy

stored in computer memory and not permanently affixed on storage medium. You may make archival copies as well.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY THE SLY TECHNOLOGIES, THE SLY TECHNOLOGIES MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES

OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE.

The Sly Technologies makes no warranty that the Software will meet your requirements or operate under your specific conditions of use. The

Sly Technologies makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST

DETERMINE WHETHER THE SOFTWARE SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE TO

MEET YOUR REQUIREMENTS. THE SLY TECHNOLOGIES WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

UNDER NO CIRCUMSTANCES SHALL SLY TECHNOLOGIES, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIN  (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF THE SLY TECHNOLOGIES OR ANY OTHER PARTY, EVEN IF SLY TECHNOLOGIES IS ADVISED

BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS THE SLY TECHNOLOGIES' ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

LIMITATIONS OF REMEDIES AND DAMAGES

Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software or a refund of the purchase price of the Software, exclusive of any costs for shipping and handling. Selection of whether to correct or replace

or refund shall be solely at the discretion of Sly Technologies. The Sly Technologies reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement.

Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not

include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual

temperatures or humidity, improper installation, or damage determined by Sly Technologies to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable.

You agree to indemnify and hold Sly Technologies harmless from all claims, judgments, liabilities, expenses, or costs arising from your

breach of this Agreement and/or acts or omissions.

 

GOVERNING LAW, JURISDICTION AND COSTS

 

This Agreement is governed by the laws of the United States of America and Delaware State, without regard to Delaware's conflict or choice of law provisions.

SEVERABILITY

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full

force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied

restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

THIRD PARTY SOFTWARE ATTRIBUTION

The Software uses several 3rd party open source software libraries:

* The libpcap portable packet capturing library from https://tcpdump.org

* The Winpcap packet capturing library. It has been abandoned, but is currently still available from https://www.winpcap.org/.

* The ieee80211_radiotap.h header file from David Young

* The Napatech Software Suite for Napatech SmartNIC adapters from http://napatech.com

All of these are licensed under the terms specified by each third party. Some include a warranty disclaimer (relating to the original authors)

and require a small amount of acknowledgment text be added somewhere in the documentation of any software which includes them (including indirect inclusion through the Software).

Only certain Software modules utilize any of these third party software libraries, other Software modules do not. For example "jNetPcap Pro"

software module, does not utilize any part of the Napatech libraries. The "core-protocols" software module does not use any third party

libraries at all. For details on third party Software usage by each Software module, please see the file "THIRD-PARTY.txt" included with

each Software module.

The required acknowledgement text as well as full license text and source details for these libraries is available from:

https://slytechs.com/this-party-open-source .

Since Sly Technologies Inc is not the author of this 3rd party code, we can not waive or modify its software copyright or license. The Software users and redistributors must comply with the relevant the Software license (either the free/demo license or a commercial the Software OEM license they may have purchased) as well as the minimal requirements of this 3rd

party open source software.

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