End User License Agreement (EULA)
for NetScanTools Pro DEMO from Northwest Performance Software, Inc.

Applicability

This EULA applies to NetScanTools Pro DEMO from Northwest Performance Software, Inc.

End-User License Agreement For Northwest Performance Software, Inc. SOFTWARE
Company Website: https://www.netscantools.com

NetScanTools Pro(tm) DEMO is Copyright 1995-2016
Northwest Performance Software, Inc. All rights reserved.

NOTICE:
This is demonstration (DEMO) software designed for the purpose of demonstrating the program capabilities to potential users of the full version of the software. This software is provided for the sole trial use of the entity to whom it was given by Northwest Performance Software, Inc. and may not redistributed without written permission of Northwest Performance Software, Inc.

IMPORTANT--READ CAREFULLY: This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and Northwest Performance Software, Inc. (NWPSW) for the NWPSW software accompanying this EULA, which includes the accompanying computer software, and may include associated media, printed materials and any "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing the SOFTWARE PRODUCT, 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 or use the SOFTWARE PRODUCT.

Be sure to carefully read and understand all of the rights and restrictions described in this NWPSW EULA. You will be asked to review and either accept or not accept the terms of the EULA. This software will not install on your computer unless or until you accept the terms of this EULA.

BY INSTALLING THIS SOFTWARE PRODUCT, YOU ACCEPT THE TERMS OF THIS EULA. If this EULA is viewed during the running of the installation program, your click of the "yes" button is a symbol of your signature that you accept the terms of the EULA.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE. This EULA grants you the following rights:

This SOFTWARE PRODUCT is made available solely for the purpose of evaluating whether to purchase a full license of the NetScanTools Pro software. This demonstration SOFTWARE PRODUCT is made available for use by you as an end user according to this License Agreement. The evaluation period for use by you is limited to thirty (30) days. You must terminate this license at the end of the trial period by destroying or erasing your copy of the SOFTWARE PRODUCT. NWPSW may terminate this License at any time by delivering notice to you and you may terminate this License at any time by destroying or erasing your copy of the SOFTWARE PRODUCT.

You may install and use the SOFTWARE PRODUCT on two single computer(s) in your possession. The SOFTWARE PRODUCT is "in use" on a computer when it is executed or loaded onto the computer's RAM or other primary memory. The SOFTWARE PRODUCT is "installed" on a computer when it is placed on a computer's hard disk, CD-ROM, or other secondary storage device. You may not under any circumstances have the SOFTWARE PRODUCT installed or otherwise use it on three or more computers at the same time. You may not copy the SOFTWARE PRODUCT for back-up or archival purposes. Copying or reproduction of the SOFTWARE PRODUCT to any other server or location for further reproduction or redistribution is expressly prohibited.

Reservation of Rights. All rights not expressly granted are reserved by NWPSW.

2. DESCRIPTIONS OF OTHER RIGHTS AND LIMITATIONS.

Limitations on Reverse Engineering, Decompilation, and Disassembly. You shall not adapt or otherwise modify, create any derivative work, reverse engineer, decompile, disassemble, or otherwise attempt to derive any source code from the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.

Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of NWPSW.

Rental. You may not rent or lease the SOFTWARE PRODUCT.

Support Services. NWPSW will attempt to answer your technical support request concerning the SOFTWARE PRODUCT; however, this service is offered on a reasonable efforts basis only, and NWPSW may not be able to resolve every support request. NWPSW supports the SOFTWARE PRODUCT only if it is used under the conditions and on operating systems for which the SOFTWARE PRODUCT is designed. Any supplemental software code provided to you as a part of Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to NWPSW as part of the Support Services, NWPSW may use such information for its business purposes, including, but not limited to, product support and development. NWPSW will not utilize such technical information in a form that personally identifies you.

Software Transfer. You may not use, copy, modify, merge, place on a network, or transfer copies of the SOFTWARE PRODUCT except as provided in this Agreement, or place the SOFTWARE PRODUCT onto a server so that it is accessible by a public network such as the internet.

Termination. Without prejudice to any other rights, NWPSW may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

3. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by NWPSW or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protect by applicable copyright or the intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE PRODUCT contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

4. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software—Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer: Northwest Performance Software, Inc./PO Box 1375/ Sequim, WA 98382.

5. EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit the SOFTWARE PRODUCT or related documentation and technical data to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration (BXA) of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked, or denied your export privileges.

6. GOVERNING LAW. If you acquired the SOFTWARE in the United States of America, the laws of the State of Washington, U.S.A will apply to this contract. If this product was acquired outside the United States, then local law may apply.

7. QUESTIONS. Should you have any questions, or if you desire to contact NWPSW for any reason, please write: Northwest Performance Software, Inc./PO Box 1375/ Sequim, WA 98382.

8. WARRANTY INFORMATION/LIMITATION OF LIABILITY

DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NWPSW AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE OR THAT ALL ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY WILL MEET YOUR REQUIREMENTS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NWPSW OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF NWPSW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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