LICENSE_AGREEMENT
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- TERMS AND CONDITIONS FOR ADVENTNET SNMP API LICENSE
- This License Agreement details the policy for license of AdventNet SNMP API on
- the following topics:
- 1. Evaluation License
- 2. Developer License
-
- 3. Distribution License
-
- 4. Development Support
-
- 5. Deployment/ Production Support
- Please read the following license carefully, before either (i) completing the
- electronic order or download of SNMP API from an authorized web site, or (ii)
- installing SNMP API from media that was delivered after being ordered by
- alternative order process, as applicable.
- 1.Evaluation License
- AdventNet grants to you a non-exclusive, non-transferable, Evaluation license
- for trial and evaluation of the software, in binary object code form, for a
- period of Forty-five (45) days from the date of download. You may use any third
- party software products or modules supplied by AdventNet solely with the
- Software, unless the licensing terms of the third party software products or
- modules specify otherwise. You may not disclose the results of software
- performance benchmarks to any third party without AdventNet's prior written
- consent.
- This license begins upon downloading and ends Forty-five (45) days thereafter
- ("Evaluation Period"). If you wish to use the software after 45 day evaluation
- period, formal license authorization from AdventNet is required. If you are
- not willing to use the software after evaluation period, delete all the copies
- installed in your computer with immediate effect. You are forbidden from using
- the Software for any other use or otherwise offering it for resale under the
- terms of this section 1. AdventNet retains all rights not specifically granted
- to you herein.
- 2. Developer License & Ownership
- SNMP API is owned by AdventNet and is copyrighted and licensed, not sold. As
- part of purchasing development license for each named developer, AdventNet
- grants you a non-exclusive, non-transferable license to use SNMP API as part
- of your development environment. This development license does not entitle you
- to any technical support or bug fixes or other maintenance services from
- AdventNet. If technical support or maintenance services, as described in
- Section 4, are desired, a development support license needs to be obtained
- from AdventNet.
- 3. Distribution License
- As part of purchasing development license for each named developer, AdventNet
- grants you a non-exclusive, non-transferable license to use and distribute
- permitted components of SNMP API in binary form embedded as part of your
- application, without per unit or per copy licensing fees, provided you follow
- the conditions listed as (a) through (f) below.
- Specifically, in return for the grant of this deployment license, you
- acknowledge that AdventNet is under no obligation to provide any technical
- support or bug fixes for the Licensed Software during your deployment. If
- technical support or maintenance services are desired, a deployment support
- license needs to be obtained from AdventNet.
- If you cannot meet any of the following conditions, please contact us to
- arrange a special custom license.
- (a) End User Applications: You are not bundling SNMP API or a derivative
- of it as part of a software API or library product. Note that this
- restriction is targeted at products that address software developers, and
- does not prevent the SNMP API from being bundled along with end-user
- applications that provide substantial additional functionality on top of
- the SNMP API.
- (b) Restrictions on IDE Vendors: You are not bundling SNMP API or a derivative
- of it as part of a software development environment such as JBuilder, WebGain
- or VisualAge. Note that this restriction is targeted at IDE vendors, and does
- not prevent developers from loading SNMP API into an IDE and using it during
- everyday development.
- (c) Restrictions on Management Framework and Infrastructure Software Vendors:
- You are not integrating SNMP API or a derivative of it into a network or
- systems management framework or software infrastructure platform or products
- such as but not limited to: Systems Management Frameworks, Network Management
- Frameworks or Platforms, EJB Application Servers, Enterprise Application
- Integration products, Business to Business Integration products, Web Services
- Platforms, Web Services Management products, Process Control products,
- Business Process Automation products, Process Orchestration products,
- Distributed Computing Infrastructure products or platforms, Messaging
- Middleware products or Web Server products. Note that this restriction is
- targeted at software infrastructure vendors, and does not prevent developers
- from using and bundling SNMP API with higher-level applications that run on
- these platforms.
- (d) Restrictions on Development and Deployment Environment: You are not using
- SNMP API or a derivative of it on a device which is not a standard PC or
- server. Examples of such devices include cell phones, PDAs, cars, factory
- controllers, routers and printers. Please note that the SNMP API may be used
- to communicate with and manage any device, and this restriction is only
- intended on the device on which the SNMP API is deployed.
- (e) Restrictions on Permitted Components to be Distributed: MIB Browser
- application, which is included in the SNMP API Professional Edition, shall not
- be distributed with your application. Please contact AdventNet sales to
- distribute MIB Browser application along with your application.
- (f) Display of Copyright Information: You must not remove any of the copyright
- information from the SNMP API documentation.
- 4. Development Support
- During the development phase of your application, AdventNet provides you the
- option of availing Classic or Premium support. The terms of development
- support shall be as provided in Exhibit A. AdventNet specifically excludes
- upgrades from the support programs. Upgrade to SNMP API will be provided upon
- payment of an Upgrade License Fee in accordance with AdventNet's then current
- pricing policy.
- 5. Deployment/Production Support
- During the deployment phase of your application, AdventNet provides you
- Deployment/Production Support services. Please contact AdventNet Sales, for
- the deployment license terms, which may require additional fees.
- 6. Restrictions on Use
- Regardless of how the SNMP API is being used, you may not reverse engineer,
- decompile, disassemble or otherwise attempt to determine source code of SNMP
- API. You may not publish or provide any results of benchmark tests run on SNMP
- API to a third party without prior written consent from AdventNet. During the
- term of this Agreement, you shall not use the SNMP API to develop for
- commercial distribution software products that compete with SNMP API.
- 7. Term and Termination
- This Agreement is effective until terminated. You may terminate this Agreement
- at any time by destroying all copies of SNMP API. This Agreement will
- terminate immediately without notice from AdventNet if you fail to comply with
- any provision of this Agreement. Upon termination, you must destroy all copies
- of SNMP API.
- 8. Warranty Disclaimer and Limitation of Liability
- AdventNet licenses SNMP API to you on an "as is" basis, without warranty of
- any kind. AdventNet hereby expressly disclaims all warranties or conditions,
- either express or implied, including, but not limited to, the implied
- warranties or conditions of merchantability and fitness for a particular
- purpose. You are solely responsible for determining the appropriateness of
- using SNMP API and assume all risks associated with the use of it, including
- but not limited to the risks of program errors, damage to or loss of data,
- programs or equipment, and unavailability or interruption of operations.
- Some jurisdictions do not allow for the exclusion or limitation of implied
- warranties, so the above limitations or exclusions may not apply to you.
- AdventNet will not be liable for any direct damages or for any special,
- incidental, or indirect damages or for any economic consequential damages
- (including lost profits or savings), even if AdventNet has been advised of the
- possibility of such damages. AdventNet will not be liable for the loss of, or
- damage to, your records or data, or any damages claimed by you based on a
- third party claim.
- Some jurisdictions do not allow for the exclusion or limitation of incidental
- or consequential damages, so the above limitations or exclusions may not apply
- to you.
- 9. General
- This Agreement is governed by the laws of the State of California. This
- Agreement is the only understanding and agreement we have regarding your use
- of SNMP API. You shall not export SNMP API or the derived application except
- in compliance with United States export regulations and applicable laws and
- regulations. It supersedes all other communications, understandings or
- agreements we may have had prior to this Agreement.
- Exhibit A - Development Support Terms
-
- A.1 Classic Support Terms
- - Business Hours 9 x 5
- - Acknowledgement (email response) within 2 Business Days
- - Email Support
- - Online Access (documentation, FAQs, release notes and white papers)
- - Service Pack (cumulative collection of workarounds, patches and bug fixes)
- - Minor Release (feature releases and service packs, indicated by a change in the decimal)
- A.2 Premium Support Terms
- - Business Hours 9 x 5
- - Acknowledgement (email response) within 1 Business Day
- - Email Support
- - Online Access (documentation, FAQs, release notes and white papers)
- - Service Pack (cumulative collection of workarounds, patches and bug fixes)
- - Minor Release (feature releases and service packs, indicated by a change in the decimal)
- - Telephone Support
- - Customer Patches (Fixes to severity 1 problems that do not have any acceptable workaround)
- - Customer Owner (designated technical contact person for all technical issues and escalations)
- Note:
- Upgrade (significant new features, additions to functionalities, indicated by a change in the
- number to the left of the decimal) is not included in both Classic and Premium support terms.