Network Instruments GigaStor 114ff User Manual

Page 6

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rev. 1

Ownership and Confidentiality

END-USER agrees that Network Instruments, LLC owns all relevant copyrights, trade secrets and all intellectual property
related to the SOFTWARE.

End User License Agreement (EULA)

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE.

BY CLICKING ON THE “ACCEPT” BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT, OR USING THE
EQUIPMENT THAT CONTAINS THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT
AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “DO NOT ACCEPT” BUTTON AND THE INSTALLATION
PROCESS WILL NOT CONTINUE, RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND, OR DO NOT
DOWNLOAD THE PRODUCT.

The SOFTWARE is neither shareware nor freeware. The SOFTWARE is a commercial software package that is subject to
international copyright laws.

Single User License Grant: Network Instruments, LLC (“DEVELOPER”) and its suppliers grant to END-USER a nonexclusive and
nontransferable license to use the DEVELOPER software (“SOFTWARE”) in object code form solely on a single central
processing unit owned or leased by END-USER or otherwise embedded in equipment provided by DEVELOPER.

Multiple-Users License Grant: DEVELOPER and its suppliers grant to END-USER a nonexclusive and nontransferable license to
use the DEVELOPER SOFTWARE in object code form: (i) installed in a single location on a hard disk or other storage device of
up to the number of computers owned or leased by END-USER for which END-USER has paid individual license fees
purchased; or (ii) provided the SOFTWARE is configured for network use, installed on a single file server for use on a single
local area network for either (but not both) of the following purposes: (a) permanent installation onto a hard disk or other
storage device of up to the number of individual license fees purchased; or (b) use of the SOFTWARE over such network,
provided the number of computers connected to the server does not exceed the individual license fees purchased. END-
USER may only use the programs contained in the SOFTWARE (i) for which END-USER has paid a license fee (or in the case of
an evaluation copy, those programs END-USER is authorized to evaluate) and (ii) for which END-USER has received a product
authorization keys (“PAK”). END-USER grants to DEVELOPER or its independent accountants the right to examine its books,
records and accounts during END-USER's normal business hours to verify compliance with the above provisions. In the event
such audit discloses that the Permitted Number of Computers is exceeded, END-USER shall promptly pay to DEVELOPER the
appropriate licensee fee for the additional computers or users. At DEVELOPER's option, DEVELOPER may terminate this
license for failure to pay the required license fee.

END-USER may make one (1) archival copy of the SOFTWARE provided END-USER affixes to such copy all copyright,
confidentiality, and proprietary notices that appear on the original.

EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, END-USER SHALL NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR
DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE
SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE.

END-USER agrees that aspects of the licensed materials, including the specific design and structure of individual programs,
constitute trade secrets and/or copyrighted material of DEVELOPER. END-USER agrees not to disclose, provide, or otherwise
make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of
DEVELOPER. END-USER agrees to implement reasonable security measures to protect such trade secrets and copyrighted
material. Title to SOFTWARE and documentation shall remain solely with DEVELOPER.

SOFTWARE, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and
its associated regulations, and may be subject to export or import regulations in other countries. END-USER agrees to
comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-
export, or import SOFTWARE.

This License shall be governed by and construed in accordance with the laws of the State of Minnesota, United States of
America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion
hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. This
License constitutes the entire License between the parties with respect to the use of the SOFTWARE.

Restricted Rights - DEVELOPER's software is provided to non-DOD agencies with RESTRICTED RIGHTS and its supporting
documentation is provided with LIMITED RIGHTS. Use, duplication, or disclosure by the Government is subject to the
restrictions as set forth in subparagraph “C” of the Commercial Computer SOFTWARE - Restricted Rights clause at FAR
52.227-19. In the event the sale is to a DOD agency, the government's rights in software, supporting documentation, and
technical data are governed by the restrictions in the Technical Data Commercial Items clause at DFARS 252.227-7015 and
DFARS 227.7202. Manufacturer is Network Instruments, 10701 Red Circle Drive, Minnetonka, MN 55343, USA.

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