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This license file contains license agreements for all of the versions of L0phtCrack

6.
By accepting these licensing terms, you accept the terms for the appropriate
version of the license that you have purchased. The versions of the license in this
document cover the following versions:

Trial
Professional
Admin
Consultant
Enterprise

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----------------------------------

L0PHT HOLDINGS LLC


L0PHTCRACK 6 15-DAY TRIAL LICENSE AGREEMENT

IMPORTANT: DO NOT CLICK ON THE �INSTALL� BUTTON UNTIL YOU (�LICENSEE�) HAVE READ
THIS AGREEMENT. BY CLICKING ON THE INSTALL BUTTON (OR AUTHORIZING ANY OTHER PERSON
TO DO SO), YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT ALL
OF THE TERMS OF THIS AGREEMENT (1) DO NOT CLICK ON THE INSTALL BUTTON, (2)
DISCONTINUE THE LICENSING PROCESS BY CLICKING ON THE �CANCEL� BUTTON AND (3) DO NOT
USE OR ATTEMPT TO USE THE SOFTWARE.

This L0phtCrack 6 15-Day Trial Version software ("Software") is licensed, not sold,
to Licensee for use only under the terms of this Software License Agreement
("Agreement"). L0pht Holdings, LLC. ("Licensor") and its licensors continue to own
the Software and reserve any rights not expressly granted to Licensee.

1. LICENSE GRANT. Licensor grants to Licensee, subject to the terms and


conditions of this Agreement, a fifteen (15) day trial license to install and use
for evaluation purposes only one copy of the Software. Licensee may not copy,
reproduce, modify, rent, lease, sublicense, distribute, transfer, or time-share the
Software or any manuals, guides or any other information or material that Licensor
provides to Licensee for use with the Software ("Documentation"). Licensor
reserves all rights not expressly granted to Licensee. Ownership of and title to
the Software and Documentation are and will be held by Licensor and its licensors.
Licensee acknowledges that the Software is not designed, licensed, or intended for
use in the design, construction, operation or maintenance of any nuclear facility.

2. PROTECTION OF SOFTWARE. Licensee acknowledges that the source code for the
Software and other trade secrets embodied in the Software have not been, and are
not going to be, disclosed to Licensee. Licensee is not permitted (a) to
decompile, disassemble, reverse compile, reverse assemble, reverse translate or
otherwise reverse engineer the Software, (b) to use any similar means to discover
the source code of the Software or to discover the trade secrets in the Software,
(c) to otherwise circumvent any technological measure that controls access to the
Software, (d) to use any Trojan horses, worms, time bombs, robots, spiders,
crawlers, cancelbots or other computer programming routines intended to copy,
damage, detrimentally interfere with, or expropriate the Software, or (e) to remove
or alter any proprietary legends or notices contained in the Software or
Documentation.

3. SUPPORT; UPGRADES. This License Agreement does not entitle Licensee to


receive from Licensor hard copy Documentation, technical support, telephone
assistance or enhancements or upgrades.

4. THIRD PARTY SOFTWARE. The Software includes code licensed from third
parties, which is provided subject to the following:

A. PuTTY is copyright 1997-2004 Simon Tatham. Portions copyright Robert de


Bath, Joris van Rantwijk, Delian, Delchev, Andreas Schultz, Jeroen Massar, Wez
Furlong, Nicolas Barry, Justin Bradford, Ben Harris, and CORE SDI S.A.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS BE
LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTIONWITH THE SOFTWARE OR THE
USE OR OTHER DEALINGS IN THE SOFTWARE.

B. This product includes software developed by the OpenSSL Project for use in the
OpenSSL Toolkit (http://www.openssl.org/). Copyright (c) 1998-2003 The OpenSSL
Project. All rights reserved.

1. Redistributions in binary form must reproduce the above copyright notice, this
list of conditions and the following disclaimer in the documentation and/or other
materials provided with the distribution.

2. All advertising materials mentioning features or use of this software must


display the following acknowledgment:
�This product includes software developed by the OpenSSL Project for use in the
OpenSSL Toolkit. (http://www.openssl.org/)�

3. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse
or promote products derived from this software without prior written permission.
For written permission, please contact openssl-core@openssl.org.

4. Products derived from this software may not be called �OpenSSL� nor may
�OpenSSL� appear in their names without prior written permission of the OpenSSL
Project.

5. Redistributions of any form whatsoever must retain the following acknowledgment:


�This product includes software developed by the OpenSSL Project for use in the
OpenSSL Toolkit (http://www.openssl.org/)�.

THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY EXPRESSED OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT
SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.

5. LIMITED WARRANTIES AND LIMITED LIABILITY.


5.1 Limited Warranty; Disclaimer.
THE SOFTWARE AND THE DOCUMENTATION ARE BEING SUPPLIED TO LICENSEE ON AN "AS IS"
BASIS. LICENSOR HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE SOFTWARE
AND THE DOCUMENTATION, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND TITLE, AND ALL WARRANTIES
IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. EXCEPT AS SPECIFICALLY SET
FORTH HEREIN, LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET LICENSEE�S
REQUIREMENTS, OR OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

5.2 Limitation of Liability. LICENSOR'S LIABILITY FOR DAMAGES IN CONNECTION


WITH THIS AGREEMENT AND THE LICENSED SOFTWARE, REGARDLESS OF THE FORM OF ANY CLAIM
OR ACTION, SHALL NOT EXCEED THE LICENSE FEES (IF ANY) PAID BY LICENSEE FOR THE
SOFTWARE. LICENSOR SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA,
INTERRUPTION OF BUSINESS, OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, WHETHER UNDER THIS AGREEMENT OR
OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SOFTWARE, THE DOCUMENTATION OR
THIS AGREEMENT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO
LICENSEE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED WARRANTY
FAILS OF ITS ESSENTIAL PURPOSE.

6. OWNERSHIP. Licensee acknowledges and agrees that Licensor (and its


licensors) owns all right, title and interest in and to the Software, including
without limitation any and all patents, patent applications, copyrights, trade
secrets, trademarks and other intellectual property rights, and Licensee shall not
take any action inconsistent with such title and ownership. Licensee shall not
alter or remove any printed or on-screen copyright, trade secret, proprietary or
other legal notices contained on or in copies of any Software or Documentation.
Licensee will not acquire any rights or licenses, except as expressly provided in
this Agreement, under any patents, patent applications, copyrights, trade secrets,
trademarks or other intellectual property rights on account of this Agreement or
Licensee�s performance under this Agreement. Licensee acknowledges and agrees that
Licensor owns the trademarks and service marks as set forth at
http://www.l0phtcrack.com/legal.html.

7. CONFIDENTIAL INFORMATION. For the purposes of this Agreement, �Confidential


Information� means all confidential, proprietary or secret information of Licensor
provided to Licensee (including the Software and any Documentation) in connection
with this Agreement, whether such information is disclosed (a) in writing or other
tangible medium, (b) visually, or (c) orally. Confidential Information does not
include any portion of any such information to the extent that Licensee can clearly
demonstrate that it: (a) is or becomes known in the trade through no act or
omission by Licensee; (b) is disclosed to Licensee by a third party who has a
right to make such disclosure without any obligation of confidentiality to
Licensor; (c) is known to Licensee before receipt thereof pursuant to this
Agreement; or (d) is independently developed by Licensee without access to or use
of such information. Except for the specific rights granted by this Agreement,
Licensee shall not use or disclose any Confidential Information without the written
consent of Licensor. Licensee shall use the highest commercially reasonable degree
of care to protect the Confidential Information, including ensuring that Licensee�s
employees or consultants with access to such Confidential Information have agreed
in writing not to disclose the Confidential Information. Licensee shall bear the
responsibility for any breaches of confidentiality by Licensee�s employees and
consultants. Nothing herein shall prevent Licensee from disclosing all or part of
the Confidential Information as necessary pursuant to the lawful requirement of a
governmental agency or when disclosure is required by operation of law; provided
that prior to any such disclosure, Licensee shall use reasonable efforts to (i)
promptly notify Licensor in writing of such requirement to disclose, and (ii)
cooperate fully with Licensor in protecting against any such disclosure or
obtaining a protective order.

8. TERM AND TERMINATION. The term of this Agreement is effective as of the date
Licensee accepts the terms of this Agreement by installing the Software and shall
continue the expiration of the 15-day trial period. Licensee agrees upon
expiration of the 15-day trial period, or in the event of the termination of this
Agreement for any other reason, Licensee�s license rights to use the Software and
the Documentation are immediately terminated and Licensee will destroy any copies
of the Software and Documentation in Licensee�s possession. The rights and
obligations of the parties under Sections 2 - 9 will survive the termination of
this Agreement.

9. GENERAL.
10.1 Notices. All communications under this Agreement shall be in writing or by
confirmed fax.

10.2 Severability. In the event that any provision of this Agreement shall, in
whole or in part, be determined to be invalid, unenforceable or void for any
reason, such determination shall affect only the portion of such provision
determined to be invalid, unenforceable or void, and shall not affect in any way
the remainder of such provision or any other provision of this Agreement. The
parties agree that they will negotiate in good faith or will permit a court or
arbitrator to replace any provision of this Agreement so held invalid,
unenforceable or illegal with a valid provision that is as similar as possible in
substance to the invalid, unenforceable or illegal provision.

10.3 Waiver. The waiver by either party of a breach or a default of any provision
of this Agreement by the other party shall not be construed as a waiver of any
succeeding breach of the same or any other provision, nor shall any delay or
omission on the part of either party to exercise or avail itself of any right,
power or privilege that it has, or may have hereunder, operate as a waiver of any
right, power or privilege by such party.

10.4 Governing Law; Jurisdiction & Venue. This Agreement shall be governed by and
construed in accordance with the laws of the Commonwealth of Massachusetts without
taking into account its principles on conflicts of law. The parties agree that the
United Nations Convention on Contracts for the International Sale of Goods will not
apply to this Agreement. Exclusive jurisdiction and venue for any litigation
arising under this Agreement is in the federal and state courts located in
Middlesex County, Massachusetts, USA and both parties hereby consent to such
jurisdiction and venue for this purpose.

10.5 Relationship of the Parties. Nothing contained in this Agreement shall be


deemed to constitute either party as the agent or representative of the other
party, or both parties as joint venturers or partners for any purpose.

10.6 Costs, Expenses and Attorneys' Fees. If either party commences any action or
proceeding against the other party to enforce or interpret this Agreement, the
prevailing party in such action or proceeding shall be entitled to recover from the
other party the actual costs, expenses and attorneys' fees (including all related
costs and expenses), incurred by such prevailing party in connection with such
action or proceeding and in connection with obtaining and enforcing any judgment or
order thereby obtained.

10.7 Entire Agreement; Amendment; Assignments. This Agreement (a) constitutes the
entire agreement of the parties hereto with respect to the subject matter hereof
and supersedes all prior understandings and agreements, whether written or oral, as
to such subject matter; (b) may be amended or modified only by a writing executed
by an authorized officer of the party against whom enforcement is sought; (c) may
not be assigned by Licensee without the written consent of Licensor; and (d) shall
be binding upon and shall inure to the benefit of the respective successors and
permitted assigns of the parties hereto.
10.8 Remedies. The parties acknowledge and agree that a breach or a threatened
breach of this Agreement by Licensee would cause not only financial harm, but
irreparable harm to Licensor, and that money damages will not provide an adequate
remedy. In the event of a breach or threatened breach of this Agreement by
Licensee, Licensor shall, in addition to any other rights and remedies it may have,
at law or in equity, be entitled to an injunction restraining, temporarily or
permanently, Licensee from disclosing or using, in whole or in part, the Software
and the Documentation, without the necessity of posting any bond or surety.

10.9 Export. Licensee shall not export or re-export, directly or indirectly


(including via remote access), the Software or other information or materials
provided by Licensor hereunder, to any country for which the United States or any
other relevant jurisdiction requires any export license or other governmental
approval at the time of export without first obtaining such license or approval.

10.10 U.S. Government Restricted Rights. If the Software is being acquired by or


on behalf of the U.S. Government or by a U.S. Government prime contractor or
subcontractor (at any tier), then the Government's rights in the Software and
accompanying Documentation will be only as set forth in this Agreement; this is in
accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD)
acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).

10.11 Acknowledgment. Licensee acknowledges that (a) Licensee has read and
understand this Agreement; (b) this Agreement has the same force and effect as a
signed agreement; (c) issuance of this license does not constitute general
publication of the Software or the Documentation; and (d) the individual accepting
this Agreement on behalf of a corporation or other legal entity personally
represents that he or she is duly authorized to accept this Agreement on behalf of
such entity and that this Agreement is binding upon such entity.

Licensor:

L0pht Holdings LLC


20 I Seven Springs Ln
Burlington, MA 01803

-----------------------------------------------------------------------------------
--------------------------------

L0pht Holdings, LLC


L0phtCrack 6 PROFESSIONAL VERSION SOFTWARE LICENSE AGREEMENT

IMPORTANT: DO NOT CLICK ON THE �INSTALL� BUTTON UNTIL YOU (�LICENSEE�) HAVE READ
THIS AGREEMENT. BY CLICKING ON THE INSTALL BUTTON (OR AUTHORIZING ANY OTHER PERSON
TO DO SO), YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT ALL
OF THE TERMS OF THIS AGREEMENT (1) DO NOT CLICK ON THE INSTALL BUTTON, (2)
DISCONTINUE THE LICENSING PROCESS BY CLICKING ON THE �CANCEL� BUTTON AND (3) DO NOT
USE OR ATTEMPT TO USE THE SOFTWARE.

This L0phtCrack 6 Professional Version software ("Software") is licensed, not sold,


to Licensee for use only under the terms of this Software License Agreement
("Agreement"). L0pht Holdings, LLC. ("Licensor") and its licensors continue to own
the Software and reserve any rights not expressly granted to Licensee.

1. LICENSE GRANT. Licensor grants to Licensee, subject to the terms and


conditions of this Agreement, a limited, nonexclusive, nontransferable license to
use the Software internally within Licensee�s own business on a single computer for
which Licensee has received an unlock key and for which Licensee has paid the
applicable license fee. If Licensee has purchased a multiple-use license, Licensor
grants toLicensee, subject to all other terms and conditions of this Agreement, a
limited, nonexclusive, nontransferable license to use the Software internally
within Licensee�s own business on the number computers specified in the license
purchase. All other aspects of this Agreement apply to multiple use license
agreements. A license for the Software may not be shared, installed or used
concurrently on different computers. Licensee may not use the Software to perform
Consulting Services (as defined below). Use of the Software for Consulting
Services requires a Consulting License, which may be obtained at
www.l0phtcrack.com. Licensee may make one copy for backup or archival purposes,
but Licensee may not otherwise copy, reproduce, modify, rent, lease, sublicense,
distribute, transfer, or time-share the Software or any manuals, guides or any
other information or material that Licensor provides to Licensee for use with the
Software ("Documentation"). Licensor reserves all rights not expressly granted to
Licensee. Ownership of and title to the Software and Documentation are and will be
held by Licensor and its licensors. Licensee acknowledges that the Software is not
designed, licensed, or intended for use in the design, construction, operation or
maintenance of any nuclear facility. For the purposes of this Agreement,
Consulting Services shall mean use of the Software in the performance of technical
consulting services with respect to a third party�s computers and applications.

2. PROTECTION OF SOFTWARE. Licensee acknowledges that the source code for the
Software and other trade secrets embodied in the Software have not been, and are
not going to be, disclosed to Licensee. Licensee is not permitted (a) to
decompile, disassemble, reverse compile, reverse assemble, reverse translate or
otherwise reverse engineer the Software, (b) to use any similar means to discover
the source code of the Software or to discover the trade secrets in the Software,
(c) to otherwise circumvent any technological measure that controls access to the
Software, (d) to use any Trojan horses, worms, time bombs, robots, spiders,
crawlers, cancelbots or other computer programming routines intended to copy,
damage, detrimentally interfere with, or expropriate the Software, or (e) to remove
or alter any proprietary legends or notices contained in the Software or
Documentation.

3. SUPPORT; UPGRADES. This License Agreement entitles Licensee to receive from


Licensor technical support via email, enhancements, and upgrades through December
31, 2011. After that date
maintanence must be purchased to receive technical support, enhancements and
upgrades.

4. THIRD PARTY SOFTWARE. The Software includes code licensed from third
parties, which is provided subject to the following:

A. PuTTY is copyright 1997-2004 Simon Tatham. Portions copyright Robert de


Bath, Joris van Rantwijk, Delian, Delchev, Andreas Schultz, Jeroen Massar, Wez
Furlong, Nicolas Barry, Justin Bradford, Ben Harris, and CORE SDI S.A.

THIS SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION
OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTIONWITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

B. This Software includes software developed by the OpenSSL Project for use in
the OpenSSL Toolkit (http://www.openssl.org/). Copyright (c) 1998-2003 The OpenSSL
Project. All rights reserved.

1. Redistributions in binary form must reproduce the above copyright notice, this
list of conditions and the following disclaimer in the documentation and/or other
materials provided with the distribution.

2. All advertising materials mentioning features or use of this software must


display the following acknowledgment:
�This product includes software developed by the OpenSSL Project for use in the
OpenSSL Toolkit. (http://www.openssl.org/)�

3. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse
or promote products derived from this software without prior written permission.
For written permission, please contact openssl-core@openssl.org.

4. Products derived from this software may not be called "OpenSSL" nor may
"OpenSSL" appear in their names without prior written permission of the OpenSSL
Project.

5. Redistributions of any form whatsoever must retain the following acknowledgment:


�This product includes software developed by the OpenSSL Project for use in the
OpenSSL Toolkit (http://www.openssl.org/)�.

THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY EXPRESSED OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT
SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE

5. LIMITED WARRANTIES AND RISK ALLOCATION.


5.1 Limited Warranty; Disclaimer. Licensor will replace, at no charge, defective
media that are returned within ninety (90) days of shipment. Licensor warrants, for
a period of ninety (90) days from the shipment date, that Software will perform in
substantial compliance with the Documentation accompanying the Software on that
hardware and operating system software for which it was designed, as stated in the
documentation. If, within such ninety (90) days period, Licensee reports to
Licensor that Software is not performing as described above, Licensor will, at its
option, repair or replace the Software. The foregoing states the entire liability
of Licensor with respect a breach of the warranty set forth herein. EXCEPT AS
OTHERWISE PROVIDED HEREIN, THE SOFTWARE AND THE DOCUMENTATION ARE BEING SUPPLIED TO
LICENSEE ON AN "AS IS" BASIS. LICENSOR HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES
REGARDING THE SOFTWARE AND THE DOCUMENTATION, EITHER EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND TITLE, AND
ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. EXCEPT AS
SPECIFICALLY SET FORTH HEREIN, LICENSOR DOES NOT WARRANT THAT (A) THE SOFTWARE WILL
MEET LICENSEE�S REQUIREMENTS, (B) OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED
OR ERROR FREE, OR (C) DEFECTS WILL BE CORRECTED.

5.2 Limitation of Liability. LICENSOR'S LIABILITY FOR DAMAGES IN CONNECTION


WITH THIS AGREEMENT AND THE LICENSED SOFTWARE, REGARDLESS OF THE FORM OF ANY CLAIM
OR ACTION, SHALL NOT EXCEED THE LICENSE FEES PAID BY LICENSEE FOR THE SOFTWARE.
LICENSOR SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INTERRUPTION
OF BUSINESS, OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES OF ANY KIND, WHETHER UNDER THIS AGREEMENT OR OTHERWISE ARISING IN
ANY WAY IN CONNECTION WITH THE SOFTWARE, THE DOCUMENTATION OR THIS AGREEMENT, EVEN
IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO LICENSEE. THE FOREGOING
LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED WARRANTY FAILS OF ITS ESSENTIAL
PURPOSE.

6. OWNERSHIP. Licensee acknowledges and agrees that, except as set forth in


Section 4 above, Licensor (and its licensors) owns all right, title and interest in
and to the Software, including without limitation any and all patents, patent
applications, copyrights, trade secrets, trademarks and other intellectual property
rights, and Licensee shall not take any action inconsistent with such title and
ownership. Licensee shall not alter or remove any printed or on-screen copyright,
trade secret, proprietary or other legal notices contained on or in copies of any
Software or Documentation. Licensee will not acquire any rights or licenses,
except as expressly provided in this Agreement, under any patents, patent
applications, copyrights, trade secrets, trademarks or other intellectual property
rights on account of this Agreement or Licensee�s performance under this Agreement.
Licensee acknowledges and agrees that Licensor owns the trademarks and service
marks as set forth at http://www.l0phtcrack.com/disclaimer.html.

7. CONFIDENTIAL INFORMATION. For the purposes of this Agreement, �Confidential


Information� means all confidential, proprietary or secret information of Licensor
provided to Licensee in connection with this Agreement, whether such information is
disclosed (a) in writing or other tangible medium, (b) visually, or (c) orally.
Confidential Information does not include any portion of any such information to
the extent that Licensee can clearly demonstrate that it: (a) is or becomes known
in the trade through no act or omission by Licensee; (b) is disclosed to Licensee
by a third party who has a right to make such disclosure without any obligation of
confidentiality to Licensor; (c) is known to Licensee before receipt thereof
pursuant to this Agreement; or (d) is independently developed by Licensee without
access to or use of such information. Except for the specific rights granted by
this Agreement, Licensee shall not use or disclose any Confidential Information
without the written consent of Licensor. Licensee shall use the highest
commercially reasonable degree of care to protect the Confidential Information,
including ensuring that Licensee�s employees or consultants with access to such
Confidential Information have agreed in writing not to disclose the Confidential
Information. Licensee shall bear the responsibility for any breaches of
confidentiality by Licensee�s employees and consultants. Nothing herein shall
prevent Licensee from disclosing all or part of the Confidential Information as
necessary pursuant to the lawful requirement of a governmental agency or when
disclosure is required by operation of law; provided that prior to any such
disclosure, Licensee shall use reasonable efforts to (i) promptly notify Licensor
in writing of such requirement to disclose, and (ii) cooperate fully with Licensor
in protecting against any such disclosure or obtaining a protective order.

8. TERM AND TERMINATION. The term of this Agreement is effective as of the date
Licensee accepts the terms of this Agreement by installing the Software and shall
continue until terminated. This Agreement will terminate (i) if Licensee breaches
any of the terms or conditions of this Agreement and fail to remedy such breach
within thirty (30) days after being given notice thereof, (ii) if Licensee becomes
insolvent or cease to do business; or (iii) if all or a substantial portion of
Licensee�s assets are transferred to an assignee for the benefit of creditors, to a
receiver or to a trustee in bankruptcy or similar laws and such proceeding is not
dismissed within sixty (60) days. Licensee agrees that in the event of the
termination of this Agreement for any reason, Licensee�s license rights to use the
Software and the Documentation are immediately terminated and Licensee will destroy
any copies of the Software and Documentation in Licensee�s possession. The rights
and obligations of the parties under Sections 2 - 9 will survive the termination of
this Agreement.

9. GENERAL.
9.1 Notices. All communications under this Agreement shall be in writing
or by confirmed fax.
9.2 Severability. In the event that any provision of this Agreement shall,
in whole or in part, be determined to be invalid, unenforceable or void for any
reason, such determination shall affect only the portion of such provision
determined to be invalid, unenforceable or void, and shall not affect in any way
the remainder of such provision or any other provision of this Agreement. The
parties agree that they will negotiate in good faith or will permit a court or
arbitrator to replace any provision of this Agreement so held invalid,
unenforceable or illegal with a valid provision that is as similar as possible in
substance to the invalid, unenforceable or illegal provision.
9.3 Waiver. The waiver by either party of a breach or a default of any
provision of this Agreement by the other party shall not be construed as a waiver
of any succeeding breach of the same or any other provision, nor shall any delay or
omission on the part of either party to exercise or avail itself of any right,
power or privilege that it has, or may have hereunder, operate as a waiver of any
right, power or privilege by such party.
9.4 Governing Law; Jurisdiction & Venue. This Agreement shall be governed
by and construed in accordance with the laws of the Commonwealth of Massachusetts
without taking into account its principles on conflicts of law. The parties agree
that the United Nations Convention on Contracts for the International Sale of Goods
will not apply to this Agreement. Exclusive jurisdiction and venue for any
litigation arising under this Agreement is in the federal and state courts located
in Middlesex County, Massachusetts, USA and both parties hereby consent to such
jurisdiction and venue for this purpose.
9.5 Relationship of the Parties. Nothing contained in this Agreement shall
be deemed to constitute either party as the agent or representative of the other
party, or both parties as joint venturers or partners for any purpose.
9.6 Costs, Expenses and Attorneys' Fees. If either party commences any
action or proceeding against the other party to enforce or interpret this
Agreement, the prevailing party in such action or proceeding shall be entitled to
recover from the other party the actual costs, expenses and attorneys' fees
(including all related costs and expenses), incurred by such prevailing party in
connection with such action or proceeding and in connection with obtaining and
enforcing any judgment or order thereby obtained.
9.7 Entire Agreement; Amendment; Assignments. This Agreement (a)
constitutes the entire agreement of the parties hereto with respect to the subject
matter hereof and supersedes all prior understandings and agreements, whether
written or oral, as to such subject matter; (b) may be amended or modified only by
a writing executed by an authorized officer of the party against whom enforcement
is sought; (c) may not be assigned by Licensee without the written consent of
Licensor; and (d) shall be binding upon and shall inure to the benefit of the
respective successors and permitted assigns of the parties hereto.
9.8 Remedies. The parties acknowledge and agree that a breach or a
threatened breach of this Agreement by Licensee would cause not only financial
harm, but irreparable harm to Licensor, and that money damages will not provide an
adequate remedy. In the event of a breach or threatened breach of this Agreement
by Licensee, Licensor shall, in addition to any other rights and remedies it may
have, at law or in equity, be entitled to an injunction restraining, temporarily or
permanently, Licensee from disclosing or using, in whole or in part, the Software
and the Documentation, without the necessity of posting any bond or surety.
9.9 Export. Licensee shall not export or re-export, directly or indirectly
(including via remote access), the Software or other information or materials
provided by Licensor hereunder, to any country for which the United States or any
other relevant jurisdiction requires any export license or other governmental
approval at the time of export without first obtaining such license or approval.
9.10 U.S. Government Restricted Rights. If the Software is being acquired by or
on behalf of the U.S. Government or by a U.S. Government prime contractor or
subcontractor (at any tier), then the Government's rights in the Software and
accompanying Documentation will be only as set forth in this Agreement; this is in
accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD)
acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
9.11 Acknowledgment. Licensee acknowledges that (a) Licensee has read and
understand this Agreement; (b) this Agreement has the same force and effect as a
signed agreement; (c) issuance of this license does not constitute general
publication of the Software or the Documentation; and (d) the individual accepting
this Agreement on behalf of a corporation or other legal entity personally
represents that he or she is duly authorized to accept this Agreement on behalf of
such entity and that this Agreement is binding upon such entity.

Licensor:

L0pht Holdings, LLC.


20 I Seven Springs Ln
Burlington, MA 01803

-----------------------------------------------------------------------------------
--------------------------------

L0PHT HOLDINGS, LLC.


L0PHTCRACK 6 ADMINISTRATOR VERSION SOFTWARE LICENSE AGREEMENT

IMPORTANT: DO NOT CLICK ON THE �INSTALL� BUTTON UNTIL YOU (�LICENSEE�) HAVE READ
THIS AGREEMENT. BY CLICKING ON THE INSTALL BUTTON (OR AUTHORIZING ANY OTHER PERSON
TO DO SO), YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT ALL
OF THE TERMS OF THIS AGREEMENT (1) DO NOT CLICK ON THE INSTALL BUTTON, (2)
DISCONTINUE THE LICENSING PROCESS BY CLICKING ON THE �CANCEL� BUTTON AND (3) DO NOT
USE OR ATTEMPT TO USE THE SOFTWARE.

This L0PHTCRACK 6 Administrator Version software ("Software") is licensed, not


sold, to Licensee for use only under the terms of this Software License Agreement
("Agreement"). L0PHT HOLDINGS, LLC. ("Licensor") and its licensors continue to own
the Software and reserve any rights not expressly granted to Licensee.

1. LICENSE GRANT. Licensor grants to Licensee, subject to the terms and


conditions of this Agreement, a limited, nonexclusive, nontransferable license to
use the Software internally within Licensee�s own business on a single computer for
which Licensee has received an unlock key and for which Licensee has paid the
applicable license fee. If Licensee has purchased a multiple-use license, Licensor
grants toLicensee, subject to all other terms and conditions of this Agreement, a
limited, nonexclusive, nontransferable license to use the Software internally
within Licensee�s own business on the number computers specified in the license
purchase. All other aspects of this Agreement apply to multiple use license
agreements. A license for the Software may not be shared, installed or used
concurrently on different computers. Licensee may not use the Software to perform
Consulting Services (as defined below). Use of the Software for Consulting
Services requires a Consulting License, which may be obtained at
www.l0phtcrack.com. Licensee may make one copy for backup or archival purposes,
but Licensee may not otherwise copy, reproduce, modify, rent, lease, sublicense,
distribute, transfer, or time-share the Software or any manuals, guides or any
other information or material that Licensor provides to Licensee for use with the
Software ("Documentation"). Licensor reserves all rights not expressly granted to
Licensee. Ownership of and title to the Software and Documentation are and will be
held by Licensor and its licensors. Licensee acknowledges that the Software is not
designed, licensed, or intended for use in the design, construction, operation or
maintenance of any nuclear facility. For the purposes of this Agreement,
Consulting Services shall mean use of the Software in the performance of technical
consulting services with respect to a third party�s computers and applications.

2. PROTECTION OF SOFTWARE. Licensee acknowledges that the source code for the
Software and other trade secrets embodied in the Software have not been, and are
not going to be, disclosed to Licensee. Licensee is not permitted (a) to
decompile, disassemble, reverse compile, reverse assemble, reverse translate or
otherwise reverse engineer the Software, (b) to use any similar means to discover
the source code of the Software or to discover the trade secrets in the Software,
(c) to otherwise circumvent any technological measure that controls access to the
Software, (d) to use any Trojan horses, worms, time bombs, robots, spiders,
crawlers, cancelbots or other computer programming routines intended to copy,
damage, detrimentally interfere with, or expropriate the Software, or (e) to remove
or alter any proprietary legends or notices contained in the Software or
Documentation.

3. SUPPORT; UPGRADES. This License Agreement entitles Licensee to receive from


Licensor technical support via email, enhancements, and upgrades through December
31, 2011. After that date
maintanence must be purchased to receive technical support, enhancements and
upgrades.

4. THIRD PARTY SOFTWARE. The Software includes code licensed from third
parties, which is provided subject to the following:

A. PuTTY is copyright 1997-2004 Simon Tatham. Portions copyright Robert de


Bath, Joris van Rantwijk, Delian, Delchev, Andreas Schultz, Jeroen Massar, Wez
Furlong, Nicolas Barry, Justin Bradford, Ben Harris, and CORE SDI S.A.

THIS SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION
OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTIONWITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

B. This Software includes software developed by the OpenSSL Project for use in
the OpenSSL Toolkit (http://www.openssl.org/). Copyright (c) 1998-2003 The OpenSSL
Project. All rights reserved.

1. Redistributions in binary form must reproduce the above copyright notice, this
list of conditions and the following disclaimer in the documentation and/or other
materials provided with the distribution.

2. All advertising materials mentioning features or use of this software must


display the following acknowledgment:
�This product includes software developed by the OpenSSL Project for use in the
OpenSSL Toolkit. (http://www.openssl.org/)�

3. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse
or promote products derived from this software without prior written permission.
For written permission, please contact openssl-core@openssl.org.

4. Products derived from this software may not be called "OpenSSL" nor may
"OpenSSL" appear in their names without prior written permission of the OpenSSL
Project.

5. Redistributions of any form whatsoever must retain the following acknowledgment:


�This product includes software developed by the OpenSSL Project for use in the
OpenSSL Toolkit (http://www.openssl.org/)�.

THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY EXPRESSED OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT
SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE

5. LIMITED WARRANTIES AND RISK ALLOCATION.


5.1 Limited Warranty; Disclaimer. Licensor will replace, at no charge, defective
media that are returned within ninety (90) days of shipment. Licensor warrants, for
a period of ninety (90) days from the shipment date, that Software will perform in
substantial compliance with the Documentation accompanying the Software on that
hardware and operating system software for which it was designed, as stated in the
documentation. If, within such ninety (90) days period, Licensee reports to
Licensor that Software is not performing as described above, Licensor will, at its
option, repair or replace the Software. The foregoing states the entire liability
of Licensor with respect a breach of the warranty set forth herein. EXCEPT AS
OTHERWISE PROVIDED HEREIN, THE SOFTWARE AND THE DOCUMENTATION ARE BEING SUPPLIED TO
LICENSEE ON AN "AS IS" BASIS. LICENSOR HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES
REGARDING THE SOFTWARE AND THE DOCUMENTATION, EITHER EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND TITLE, AND
ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. EXCEPT AS
SPECIFICALLY SET FORTH HEREIN, LICENSOR DOES NOT WARRANT THAT (A) THE SOFTWARE WILL
MEET LICENSEE�S REQUIREMENTS, (B) OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED
OR ERROR FREE, OR (C) DEFECTS WILL BE CORRECTED.

5.2 Limitation of Liability. LICENSOR'S LIABILITY FOR DAMAGES IN CONNECTION


WITH THIS AGREEMENT AND THE LICENSED SOFTWARE, REGARDLESS OF THE FORM OF ANY CLAIM
OR ACTION, SHALL NOT EXCEED THE LICENSE FEES PAID BY LICENSEE FOR THE SOFTWARE.
LICENSOR SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INTERRUPTION
OF BUSINESS, OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES OF ANY KIND, WHETHER UNDER THIS AGREEMENT OR OTHERWISE ARISING IN
ANY WAY IN CONNECTION WITH THE SOFTWARE, THE DOCUMENTATION OR THIS AGREEMENT, EVEN
IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO LICENSEE. THE FOREGOING
LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED WARRANTY FAILS OF ITS ESSENTIAL
PURPOSE.

6. OWNERSHIP. Licensee acknowledges and agrees that, except as set forth in


Section 4 above, Licensor (and its licensors) owns all right, title and interest in
and to the Software, including without limitation any and all patents, patent
applications, copyrights, trade secrets, trademarks and other intellectual property
rights, and Licensee shall not take any action inconsistent with such title and
ownership. Licensee shall not alter or remove any printed or on-screen copyright,
trade secret, proprietary or other legal notices contained on or in copies of any
Software or Documentation. Licensee will not acquire any rights or licenses,
except as expressly provided in this Agreement, under any patents, patent
applications, copyrights, trade secrets, trademarks or other intellectual property
rights on account of this Agreement or Licensee�s performance under this Agreement.
Licensee acknowledges and agrees that Licensor owns the trademarks and service
marks as set forth at http://www.l0phtcrack.com/disclaimer.html.
7. CONFIDENTIAL INFORMATION. For the purposes of this Agreement, �Confidential
Information� means all confidential, proprietary or secret information of Licensor
provided to Licensee in connection with this Agreement, whether such information is
disclosed (a) in writing or other tangible medium, (b) visually, or (c) orally.
Confidential Information does not include any portion of any such information to
the extent that Licensee can clearly demonstrate that it: (a) is or becomes known
in the trade through no act or omission by Licensee; (b) is disclosed to Licensee
by a third party who has a right to make such disclosure without any obligation of
confidentiality to Licensor; (c) is known to Licensee before receipt thereof
pursuant to this Agreement; or (d) is independently developed by Licensee without
access to or use of such information. Except for the specific rights granted by
this Agreement, Licensee shall not use or disclose any Confidential Information
without the written consent of Licensor. Licensee shall use the highest
commercially reasonable degree of care to protect the Confidential Information,
including ensuring that Licensee�s employees or consultants with access to such
Confidential Information have agreed in writing not to disclose the Confidential
Information. Licensee shall bear the responsibility for any breaches of
confidentiality by Licensee�s employees and consultants. Nothing herein shall
prevent Licensee from disclosing all or part of the Confidential Information as
necessary pursuant to the lawful requirement of a governmental agency or when
disclosure is required by operation of law; provided that prior to any such
disclosure, Licensee shall use reasonable efforts to (i) promptly notify Licensor
in writing of such requirement to disclose, and (ii) cooperate fully with Licensor
in protecting against any such disclosure or obtaining a protective order.

8. TERM AND TERMINATION. The term of this Agreement is effective as of the date
Licensee accepts the terms of this Agreement by installing the Software and shall
continue until terminated. This Agreement will terminate (i) if Licensee breaches
any of the terms or conditions of this Agreement and fail to remedy such breach
within thirty (30) days after being given notice thereof, (ii) if Licensee becomes
insolvent or cease to do business; or (iii) if all or a substantial portion of
Licensee�s assets are transferred to an assignee for the benefit of creditors, to a
receiver or to a trustee in bankruptcy or similar laws and such proceeding is not
dismissed within sixty (60) days. Licensee agrees that in the event of the
termination of this Agreement for any reason, Licensee�s license rights to use the
Software and the Documentation are immediately terminated and Licensee will destroy
any copies of the Software and Documentation in Licensee�s possession. The rights
and obligations of the parties under Sections 2 - 9 will survive the termination of
this Agreement.

9. GENERAL.
9.1 Notices. All communications under this Agreement shall be in writing
or by confirmed fax.
9.2 Severability. In the event that any provision of this Agreement shall,
in whole or in part, be determined to be invalid, unenforceable or void for any
reason, such determination shall affect only the portion of such provision
determined to be invalid, unenforceable or void, and shall not affect in any way
the remainder of such provision or any other provision of this Agreement. The
parties agree that they will negotiate in good faith or will permit a court or
arbitrator to replace any provision of this Agreement so held invalid,
unenforceable or illegal with a valid provision that is as similar as possible in
substance to the invalid, unenforceable or illegal provision.
9.3 Waiver. The waiver by either party of a breach or a default of any
provision of this Agreement by the other party shall not be construed as a waiver
of any succeeding breach of the same or any other provision, nor shall any delay or
omission on the part of either party to exercise or avail itself of any right,
power or privilege that it has, or may have hereunder, operate as a waiver of any
right, power or privilege by such party.
9.4 Governing Law; Jurisdiction & Venue. This Agreement shall be governed
by and construed in accordance with the laws of the Commonwealth of Massachusetts
without taking into account its principles on conflicts of law. The parties agree
that the United Nations Convention on Contracts for the International Sale of Goods
will not apply to this Agreement. Exclusive jurisdiction and venue for any
litigation arising under this Agreement is in the federal and state courts located
in Middlesex County, Massachusetts, USA and both parties hereby consent to such
jurisdiction and venue for this purpose.
9.5 Relationship of the Parties. Nothing contained in this Agreement shall
be deemed to constitute either party as the agent or representative of the other
party, or both parties as joint venturers or partners for any purpose.
9.6 Costs, Expenses and Attorneys' Fees. If either party commences any
action or proceeding against the other party to enforce or interpret this
Agreement, the prevailing party in such action or proceeding shall be entitled to
recover from the other party the actual costs, expenses and attorneys' fees
(including all related costs and expenses), incurred by such prevailing party in
connection with such action or proceeding and in connection with obtaining and
enforcing any judgment or order thereby obtained.
9.7 Entire Agreement; Amendment; Assignments. This Agreement (a)
constitutes the entire agreement of the parties hereto with respect to the subject
matter hereof and supersedes all prior understandings and agreements, whether
written or oral, as to such subject matter; (b) may be amended or modified only by
a writing executed by an authorized officer of the party against whom enforcement
is sought; (c) may not be assigned by Licensee without the written consent of
Licensor; and (d) shall be binding upon and shall inure to the benefit of the
respective successors and permitted assigns of the parties hereto.
9.8 Remedies. The parties acknowledge and agree that a breach or a
threatened breach of this Agreement by Licensee would cause not only financial
harm, but irreparable harm to Licensor, and that money damages will not provide an
adequate remedy. In the event of a breach or threatened breach of this Agreement
by Licensee, Licensor shall, in addition to any other rights and remedies it may
have, at law or in equity, be entitled to an injunction restraining, temporarily or
permanently, Licensee from disclosing or using, in whole or in part, the Software
and the Documentation, without the necessity of posting any bond or surety.
9.9 Export. Licensee shall not export or re-export, directly or indirectly
(including via remote access), the Software or other information or materials
provided by Licensor hereunder, to any country for which the United States or any
other relevant jurisdiction requires any export license or other governmental
approval at the time of export without first obtaining such license or approval.
9.10 U.S. Government Restricted Rights. If the Software is being acquired by or
on behalf of the U.S. Government or by a U.S. Government prime contractor or
subcontractor (at any tier), then the Government's rights in the Software and
accompanying Documentation will be only as set forth in this Agreement; this is in
accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD)
acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
9.11 Acknowledgment. Licensee acknowledges that (a) Licensee has read and
understand this Agreement; (b) this Agreement has the same force and effect as a
signed agreement; (c) issuance of this license does not constitute general
publication of the Software or the Documentation; and (d) the individual accepting
this Agreement on behalf of a corporation or other legal entity personally
represents that he or she is duly authorized to accept this Agreement on behalf of
such entity and that this Agreement is binding upon such entity.

Licensor: L0pht Holdings, LLC.

L0pht Holdings, LLC.


20 I Seven Springs Ln
Burlington, MA 01803
-----------------------------------------------------------------------------------
--------------------------------

L0pht Holdings, LLC


L0phtCrack 6 CONSULTANT VERSION SOFTWARE LICENSE AGREEMENT

IMPORTANT: DO NOT CLICK ON THE INSTALL BUTTON UNTIL YOU (LICENSEE) HAVE READ THIS
AGREEMENT. BY CLICKING ON THE INSTALL BUTTON (OR AUTHORIZING ANY OTHER PERSON TO
DO SO), YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT ALL OF
THE TERMS OF THIS AGREEMENT (1) DO NOT CLICK ON THE INSTALL BUTTON, (2) DISCONTINUE
THE LICENSING PROCESS BY CLICKING ON THE CANCEL BUTTON AND (3) DO NOT USE OR
ATTEMPT TO USE THE SOFTWARE.

This L0phtCrack 6 Consultant Version software is licensed, not sold, to Licensee


for use only under the terms of this Software License Agreement ("Agreement").
L0pht Holdings, LLC ("Licensor") and its licensors continue to own the Software and
reserve any rights not expressly granted to Licensee.

1. DEFINITIONS.

Software means the object code version of the L0phtCrack 6 Consultant Version
software application. Customer means an entity which is a consulting client of
Licensee who has duly approved the use of the Software with respect to Customer�s
systems and applications.

Confidential Information means all confidential, proprietary or secret information


of Licensor, including without limitation the Software, Documentation, components,
parts, drawings, data, sketches, flow charts, plans, reports, handbooks, programs,
data, source code, object code, screen displays, feedback, evaluation results,
evaluation reports, test results, test reports, reports of errors, problems,
defects or suggestions, specifications, features, techniques, processes,
algorithms, inventions, other information or material, which is provided or
disclosed by Licensor to Licensee for the purposes specified in this Agreement, or
is derived or produced by Licensee pursuant to this Agreement, whether such
information is disclosed by Licensor or Licensee, as the case may be, (a) in
writing or other tangible medium, (b) visually, or (c) orally. Confidential
Information does not include any portion of any such information to the extent that
Licensee can clearly demonstrate that it: (a) is or becomes known in the trade
through no act or omission by Licensee; (b) is disclosed to Licensee by a third
party who has a right to make such disclosure without any obligation of
confidentiality to Licensor; (c) is known to Licensee before receipt thereof
pursuant to this Agreement; or (d) is independently developed by Licensee without
access to or use of such information.
Customer Service Use means Licensee�s right to use the Software for the purpose of
Licensee�s performance of technical consulting services on the Customer's computers
and applications.

Documentation means any user guide(s) and/or other documentation, if any, delivered
by Licensor in paper or digital form to Licensee with the Software.

Term means a one-year period commencing on the date that Software is installed
under the terms and conditions of this License.

2. LICENSE GRANT. Licensor grants to Licensee, subject to the terms and


conditions of this Agreement, a limited, nonexclusive, nontransferable license to
to use the Software solely for Customer Service Use. Licensee may use the Software
for Customer Service Use pursuant to a written consulting agreement, provided that
only employees of the Licensee may access and use the Software while installed, and
that the Software is completely uninstalled and removed from the systems of the
Customer at the termination of the consulting engagement. Licensee's use of the
Software shall be restricted to the number of individual users for whom Licensee
has paid the applicable license fee. Except as specifically permitted in this
Agreement, Licensee shall not directly or indirectly (i) use any Confidential
Information to create any software or documentation that is similar to any of the
Software or Documentation; (ii) copy (except for archival purposes), distribute,
manufacture, adapt, create derivative works of, translate, localize, port or
otherwise modify the Software or permit any third party to engage in any of the
acts proscribed in clauses (i) and (ii). Licensor reserves all rights not
expressly granted to Licensee hereunder. Ownership of and title to the Software
and Documentation are and will be held by Licensor and its licensors. Licensee
acknowledges that the Software is not designed, licensed, or intended for use in
the design, construction, operation or maintenance of any nuclear facility.

3. PROTECTION OF SOFTWARE. Licensee acknowledges that the source code for the
Software and other trade secrets embodied in the Software have not been, and are
not going to be, disclosed to Licensee. Licensee is not permitted (a) to
decompile, disassemble, reverse compile, reverse assemble, reverse translate or
otherwise reverse engineer the Software, (b) to use any similar means to discover
the source code of the Software or to discover the trade secrets in the Software,
(c) to otherwise circumvent any technological measure that controls access to the
Software, or (d) to use any Trojan horses, worms, time bombs, robots, spiders,
crawlers, cancelbots or other computer programming routines intended to copy,
damage, detrimentally interfere with, or expropriate the Software.

4. COMPLIANCE. Upon written request of Licensor, Licensee shall furnish to


Licensor a statement signed by an executive officer of Licensee identifying all
users to whom Licensor provided access to the Software, and certifiying that
Licensee has not used or granted access to the Software in a manner which violates
the terms and conditions of this Agreement. Licensor shall have the right upon
reasonable advance written notice, to have an independent auditor verify Licensee�s
compliance with this Agreement. Any such audit shall be at the expense of Licensor,
unless such audit discloses an underpayment of license fees by the Licensee for the
audited period in excess of five percent (5%), in which case Licensee shall
reimburse Licensor for such expenses. If the audit discloses any underpayment,
Licensee shall promptly make payment to Licensor of such underpayment, together
with interest.

5. SUPPORT; UPGRADES. This License Agreement entitles Licensee to receive from


Licensor technical support via email, enhancements, and upgrades through December
31, 2011. After that date
maintanence must be purchased to receive technical support, enhancements and
upgrades.

6. THIRD PARTY SOFTWARE. The Software includes code licensed from third
parties, which is provided subject to the following:

A. PuTTY is copyright 1997-2004 Simon Tatham. Portions copyright Robert de


Bath, Joris van Rantwijk, Delian, Delchev, Andreas Schultz, Jeroen Massar, Wez
Furlong, Nicolas Barry, Justin Bradford, Ben Harris, and CORE SDI S.A.

THIS SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION
OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
B. This Software includes software developed by the OpenSSL Project for use in
the OpenSSL Toolkit (http://www.openssl.org/). Copyright (c) 1998-2003 The OpenSSL
Project. All rights reserved.

1. Redistributions in binary form must reproduce the above copyright notice, this
list of conditions and the following disclaimer in the documentation and/or other
materials provided with the distribution.

2. All advertising materials mentioning features or use of this software must


display the following acknowledgment:
This product includes software developed by the OpenSSL Project for use in the
OpenSSL Toolkit. (http://www.openssl.org/)

3. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse
or promote products derived from this software without prior written permission.
For written permission, please contact openssl-core@openssl.org.

4. Products derived from this software may not be called "OpenSSL" nor may
"OpenSSL" appear in their names without prior written permission of the OpenSSL
Project.

5. Redistributions of any form whatsoever must retain the following acknowledgment:


This product includes software developed by the OpenSSL Project for use in the
OpenSSL Toolkit (http://www.openssl.org/).

THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY EXPRESSED OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT
SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE

7. LIMITED WARRANTIES AND RISK ALLOCATION.


7.1 Limited Warranty; Disclaimer. Licensor will replace, at no charge, defective
media that are returned within ninety (90) days of shipment. Licensor warrants, for
a period of ninety (90) days from the shipment date, that Software will perform in
substantial compliance with the Documentation accompanying the Software on that
hardware and operating system software for which it was designed, as stated in the
documentation. If, within such ninety (90) days period, Licensee reports to
Licensor that Software is not performing as described above, Licensor will, at its
option, repair or replace the Software. The foregoing states the entire liability
of Licensor with respect a breach of the warranty set forth herein. EXCEPT AS
OTHERWISE PROVIDED HEREIN, THE SOFTWARE AND THE DOCUMENTATION ARE BEING SUPPLIED TO
LICENSEE ON AN "AS IS" BASIS. LICENSOR HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES
REGARDING THE SOFTWARE AND THE DOCUMENTATION, EITHER EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND TITLE, AND
ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. EXCEPT AS
SPECIFICALLY SET FORTH HEREIN, LICENSOR DOES NOT WARRANT THAT (A) THE SOFTWARE WILL
MEET LICENSEE�S REQUIREMENTS, (B) OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED
OR ERROR FREE, OR (C) DEFECTS WILL BE CORRECTED.

7.2 Limitation of Liability. LICENSOR'S LIABILITY FOR DAMAGES IN CONNECTION


WITH THIS AGREEMENT AND THE LICENSED SOFTWARE, REGARDLESS OF THE FORM OF ANY CLAIM
OR ACTION, SHALL NOT EXCEED THE LICENSE FEES PAID BY LICENSEE FOR THE SOFTWARE.
LICENSOR SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INTERRUPTION
OF BUSINESS, OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES OF ANY KIND, WHETHER UNDER THIS AGREEMENT OR OTHERWISE ARISING IN
ANY WAY IN CONNECTION WITH THE SOFTWARE, THE DOCUMENTATION OR THIS AGREEMENT, EVEN
IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO LICENSEE. THE FOREGOING
LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED WARRANTY FAILS OF ITS ESSENTIAL
PURPOSE.

8. OWNERSHIP. Licensee acknowledges and agrees that, except as set forth in


Section 6 above, Licensor (and its licensors) owns all right, title and interest in
and to the Software, including without limitation any and all patents, patent
applications, copyrights, trade secrets, trademarks and other intellectual property
rights, and Licensee shall not take any action inconsistent with such title and
ownership. Licensee shall not alter or remove any printed or on-screen copyright,
trade secret, proprietary or other legal notices contained on or in copies of any
Software or Documentation. Licensee will not acquire any rights or licenses,
except as expressly provided in this Agreement, under any patents, patent
applications, copyrights, trade secrets, trademarks or other intellectual property
rights on account of this Agreement or Licensee�s performance under this Agreement.
Licensee acknowledges and agrees that Licensor owns the trademarks and service
marks as set forth at http://www.l0phtcrack.com/disclaimer.html.

9. CONFIDENTIAL INFORMATION. For the purposes of this Agreement, "Confidential


Information" means all confidential, proprietary or secret information of Licensor
provided to Licensee in connection with this Agreement, whether such information is
disclosed (a) in writing or other tangible medium, (b) visually, or (c) orally.
Confidential Information does not include any portion of any such information to
the extent that Licensee can clearly demonstrate that it: (a) is or becomes known
in the trade through no act or omission by Licensee; (b) is disclosed to Licensee
by a third party who has a right to make such disclosure without any obligation of
confidentiality to Licensor; (c) is known to Licensee before receipt thereof
pursuant to this Agreement; or (d) is independently developed by Licensee without
access to or use of such information. Except for the specific rights granted by
this Agreement, Licensee shall not use or disclose any Confidential Information
without the written consent of Licensor. Licensee shall use the highest
commercially reasonable degree of care to protect the Confidential Information,
including ensuring that Licensee's employees or consultants with access to such
Confidential Information have agreed in writing not to disclose the Confidential
Information. Licensee shall bear the responsibility for any breaches of
confidentiality by Licensee's employees and consultants. Nothing herein shall
prevent Licensee from disclosing all or part of the Confidential Information as
necessary pursuant to the lawful requirement of a governmental agency or when
disclosure is required by operation of law; provided that prior to any such
disclosure, Licensee shall use reasonable efforts to (i) promptly notify Licensor
in writing of such requirement to disclose, and (ii) cooperate fully with Licensor
in protecting against any such disclosure or obtaining a protective order.

10. TERM AND TERMINATION. The Term of this Agreement is effective as of the date
Licensee accepts the terms of this Agreement by installing the Software and shall
continue for a period of one year. This Agreement will terminate (i) if Licensee
breaches any of the terms or conditions of this Agreement and fails to remedy such
breach within thirty (30) days after being given notice thereof, (ii) if Licensee
becomes insolvent or ceases to do business; or (iii) if all or a substantial
portion of Licensee�s assets are transferred to an assignee for the benefit of
creditors, to a receiver or to a trustee in bankruptcy or similar laws and such
proceeding is not dismissed within sixty (60) days. Licensee agrees that upon
expiration of the Term, and in the event of the termination of this Agreement for
any other reason, Licensee�s license rights to use the Software and the
Documentation are immediately terminated and Licensee will destroy any copies of
the Software and Documentation in Licensee�s possession. The rights and
obligations of the parties under Sections 2 - 10 will survive the termination of
this Agreement.

11. GENERAL.
11.1 Notices. All communications under this Agreement shall be in writing or by
confirmed fax.

11.2 Severability. In the event that any provision of this Agreement shall, in
whole or in part, be determined to be invalid, unenforceable or void for any
reason, such determination shall affect only the portion of such provision
determined to be invalid, unenforceable or void, and shall not affect in any way
the remainder of such provision or any other provision of this Agreement. The
parties agree that they will negotiate in good faith or will permit a court or
arbitrator to replace any provision of this Agreement so held invalid,
unenforceable or illegal with a valid provision that is as similar as possible in
substance to the invalid, unenforceable or illegal provision.

11.3 Waiver. The waiver by either party of a breach or a default of any provision
of this Agreement by the other party shall not be construed as a waiver of any
succeeding breach of the same or any other provision, nor shall any delay or
omission on the part of either party to exercise or avail itself of any right,
power or privilege that it has, or may have hereunder, operate as a waiver of any
right, power or privilege by such party.

11.4 Governing Law; Jurisdiction & Venue. This Agreement shall be governed by and
construed in accordance with the laws of the Commonwealth of Massachusetts without
taking into account its principles on conflicts of law. The parties agree that the
United Nations Convention on Contracts for the International Sale of Goods will not
apply to this Agreement. Exclusive jurisdiction and venue for any litigation
arising under this Agreement is in the federal and state courts located in
Middlesex County, Massachusetts, USA and both parties hereby consent to such
jurisdiction and venue for this purpose.

11.5 Relationship of the Parties. Nothing contained in this Agreement shall be


deemed to constitute either party as the agent or representative of the other
party, or both parties as joint venturers or partners for any purpose.

11.6 Entire Agreement; Amendment; Assignments. This Agreement (a) constitutes the
entire agreement of the parties hereto with respect to the subject matter hereof
and supersedes all prior understandings and agreements, whether written or oral, as
to such subject matter; (b) may be amended or modified only by a writing executed
by an authorized officer of the party against whom enforcement is sought; (c) may
not be assigned by Licensee without the written consent of Licensor; and (d) shall
be binding upon and shall inure to the benefit of the respective successors and
permitted assigns of the parties hereto.

11.7 Remedies. The parties acknowledge and agree that a breach or a threatened
breach of this Agreement by Licensee would cause not only financial harm, but
irreparable harm to Licensor, and that money damages will not provide an adequate
remedy. In the event of a breach or threatened breach of this Agreement by
Licensee, Licensor shall, in addition to any other rights and remedies it may have,
at law or in equity, be entitled to an injunction restraining, temporarily or
permanently, Licensee from disclosing or using, in whole or in part, the Software
and the Documentation, without the necessity of posting any bond or surety.

11.8 Export. Licensee shall not export or re-export, directly or indirectly


(including via remote access), the Software or other information or materials
provided by Licensor hereunder, to any country for which the United States or any
other relevant jurisdiction requires any export license or other governmental
approval at the time of export without first obtaining such license or approval.

11.9 Costs, Expenses and Attorneys' Fees. If either party commences any action or
proceeding against the other party to enforce or interpret this Agreement, the
prevailing party in such action or proceeding shall be entitled to recover from the
other party the actual costs, expenses and attorneys' fees (including all related
costs and expenses), incurred by such prevailing party in connection with such
action or proceeding and in connection with obtaining and enforcing any judgment or
order thereby obtained.

11.10 U.S. Government Restricted Rights. If the Software is being acquired by or


on behalf of the U.S. Government or by a U.S. Government prime contractor or
subcontractor (at any tier), then the Government's rights in the Software and
accompanying Documentation will be only as set forth in this Agreement; this is in
accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD)
acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).

11.11 Acknowledgment. Licensee acknowledges that (a) Licensee has read and
understand this Agreement; (b) this Agreement has the same force and effect as a
signed agreement; (c) issuance of this license does not constitute general
publication of the Software or the Documentation; and (d) the individual accepting
this Agreement on behalf of a corporation or other legal entity personally
represents that he or she is duly authorized to accept this Agreement on behalf of
such entity and that this Agreement is binding upon such entity.

Licensor: L0pht Holdings, LLC

L0pht Holdings, LLC.


20 I Seven Springs Ln
Burlington, MA 01803

-----------------------------------------------------------------------------------
--------------------------------

L0PHT HOLDINGS, LLC.


L0PHTCRACK 6 ENTERPRISE VERSION SOFTWARE LICENSE AGREEMENT

IMPORTANT: DO NOT CLICK ON THE �INSTALL� BUTTON UNTIL YOU (�LICENSEE�) HAVE READ
THIS AGREEMENT. BY CLICKING ON THE INSTALL BUTTON (OR AUTHORIZING ANY OTHER PERSON
TO DO SO), YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT ALL
OF THE TERMS OF THIS AGREEMENT (1) DO NOT CLICK ON THE INSTALL BUTTON, (2)
DISCONTINUE THE LICENSING PROCESS BY CLICKING ON THE �CANCEL� BUTTON AND (3) DO NOT
USE OR ATTEMPT TO USE THE SOFTWARE.

This L0PHTCRACK 6 Enterprise Version software ("Software") is licensed, not sold,


to Licensee for use only under the terms of this Software License Agreement
("Agreement"). L0PHT HOLDINGS, LLC. ("Licensor") and its licensors continue to own
the Software and reserve any rights not expressly granted to Licensee.

1. LICENSE GRANT. Licensor grants to Licensee, subject to the terms and


conditions of this Agreement, a limited, nonexclusive, nontransferable license to
use the Software internally within Licensee�s own business on a single computer for
which Licensee has received an unlock key and for which Licensee has paid the
applicable license fee. If Licensee has purchased a multiple-use license, Licensor
grants toLicensee, subject to all other terms and conditions of this Agreement, a
limited, nonexclusive, nontransferable license to use the Software internally
within Licensee�s own business on the number computers specified in the license
purchase. All other aspects of this Agreement apply to multiple use license
agreements. A license for the Software may not be shared, installed or used
concurrently on different computers. Licensee may not use the Software to perform
Consulting Services (as defined below). Use of the Software for Consulting
Services requires a Consulting License, which may be obtained at
www.l0phtcrack.com. Licensee may make one copy for backup or archival purposes,
but Licensee may not otherwise copy, reproduce, modify, rent, lease, sublicense,
distribute, transfer, or time-share the Software or any manuals, guides or any
other information or material that Licensor provides to Licensee for use with the
Software ("Documentation"). Licensor reserves all rights not expressly granted to
Licensee. Ownership of and title to the Software and Documentation are and will be
held by Licensor and its licensors. Licensee acknowledges that the Software is not
designed, licensed, or intended for use in the design, construction, operation or
maintenance of any nuclear facility. For the purposes of this Agreement,
Consulting Services shall mean use of the Software in the performance of technical
consulting services with respect to a third party�s computers and applications.

2. PROTECTION OF SOFTWARE. Licensee acknowledges that the source code for the
Software and other trade secrets embodied in the Software have not been, and are
not going to be, disclosed to Licensee. Licensee is not permitted (a) to
decompile, disassemble, reverse compile, reverse assemble, reverse translate or
otherwise reverse engineer the Software, (b) to use any similar means to discover
the source code of the Software or to discover the trade secrets in the Software,
(c) to otherwise circumvent any technological measure that controls access to the
Software, (d) to use any Trojan horses, worms, time bombs, robots, spiders,
crawlers, cancelbots or other computer programming routines intended to copy,
damage, detrimentally interfere with, or expropriate the Software, or (e) to remove
or alter any proprietary legends or notices contained in the Software or
Documentation.

3. SUPPORT; UPGRADES. This License Agreement entitles Licensee to receive from


Licensor technical support via email, enhancements, and upgrades through December
31, 2011. After that date maintanence must be purchased to receive technical
support, enhancements and upgrades.

4. THIRD PARTY SOFTWARE. The Software includes code licensed from third
parties, which is provided subject to the following:

A. PuTTY is copyright 1997-2004 Simon Tatham. Portions copyright Robert de


Bath, Joris van Rantwijk, Delian, Delchev, Andreas Schultz, Jeroen Massar, Wez
Furlong, Nicolas Barry, Justin Bradford, Ben Harris, and CORE SDI S.A.

THIS SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION
OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTIONWITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

B. This Software includes software developed by the OpenSSL Project for use in
the OpenSSL Toolkit (http://www.openssl.org/). Copyright (c) 1998-2003 The OpenSSL
Project. All rights reserved.

1. Redistributions in binary form must reproduce the above copyright notice, this
list of conditions and the following disclaimer in the documentation and/or other
materials provided with the distribution.
2. All advertising materials mentioning features or use of this software must
display the following acknowledgment:
�This product includes software developed by the OpenSSL Project for use in the
OpenSSL Toolkit. (http://www.openssl.org/)�

3. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse
or promote products derived from this software without prior written permission.
For written permission, please contact openssl-core@openssl.org.

4. Products derived from this software may not be called "OpenSSL" nor may
"OpenSSL" appear in their names without prior written permission of the OpenSSL
Project.

5. Redistributions of any form whatsoever must retain the following acknowledgment:


�This product includes software developed by the OpenSSL Project for use in the
OpenSSL Toolkit (http://www.openssl.org/)�.

THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY EXPRESSED OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT
SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE

5. LIMITED WARRANTIES AND RISK ALLOCATION.


5.1 Limited Warranty; Disclaimer. Licensor will replace, at no charge, defective
media that are returned within ninety (90) days of shipment. Licensor warrants, for
a period of ninety (90) days from the shipment date, that Software will perform in
substantial compliance with the Documentation accompanying the Software on that
hardware and operating system software for which it was designed, as stated in the
documentation. If, within such ninety (90) days period, Licensee reports to
Licensor that Software is not performing as described above, Licensor will, at its
option, repair or replace the Software. The foregoing states the entire liability
of Licensor with respect a breach of the warranty set forth herein. EXCEPT AS
OTHERWISE PROVIDED HEREIN, THE SOFTWARE AND THE DOCUMENTATION ARE BEING SUPPLIED TO
LICENSEE ON AN "AS IS" BASIS. LICENSOR HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES
REGARDING THE SOFTWARE AND THE DOCUMENTATION, EITHER EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND TITLE, AND
ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. EXCEPT AS
SPECIFICALLY SET FORTH HEREIN, LICENSOR DOES NOT WARRANT THAT (A) THE SOFTWARE WILL
MEET LICENSEE�S REQUIREMENTS, (B) OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED
OR ERROR FREE, OR (C) DEFECTS WILL BE CORRECTED.

5.2 Limitation of Liability. LICENSOR'S LIABILITY FOR DAMAGES IN CONNECTION


WITH THIS AGREEMENT AND THE LICENSED SOFTWARE, REGARDLESS OF THE FORM OF ANY CLAIM
OR ACTION, SHALL NOT EXCEED THE LICENSE FEES PAID BY LICENSEE FOR THE SOFTWARE.
LICENSOR SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INTERRUPTION
OF BUSINESS, OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES OF ANY KIND, WHETHER UNDER THIS AGREEMENT OR OTHERWISE ARISING IN
ANY WAY IN CONNECTION WITH THE SOFTWARE, THE DOCUMENTATION OR THIS AGREEMENT, EVEN
IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO LICENSEE. THE FOREGOING
LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED WARRANTY FAILS OF ITS ESSENTIAL
PURPOSE.
6. OWNERSHIP. Licensee acknowledges and agrees that, except as set forth in
Section 4 above, Licensor (and its licensors) owns all right, title and interest in
and to the Software, including without limitation any and all patents, patent
applications, copyrights, trade secrets, trademarks and other intellectual property
rights, and Licensee shall not take any action inconsistent with such title and
ownership. Licensee shall not alter or remove any printed or on-screen copyright,
trade secret, proprietary or other legal notices contained on or in copies of any
Software or Documentation. Licensee will not acquire any rights or licenses,
except as expressly provided in this Agreement, under any patents, patent
applications, copyrights, trade secrets, trademarks or other intellectual property
rights on account of this Agreement or Licensee�s performance under this Agreement.
Licensee acknowledges and agrees that Licensor owns the trademarks and service
marks as set forth at http://www.l0phtcrack.com/disclaimer.html.

7. CONFIDENTIAL INFORMATION. For the purposes of this Agreement, �Confidential


Information� means all confidential, proprietary or secret information of Licensor
provided to Licensee in connection with this Agreement, whether such information is
disclosed (a) in writing or other tangible medium, (b) visually, or (c) orally.
Confidential Information does not include any portion of any such information to
the extent that Licensee can clearly demonstrate that it: (a) is or becomes known
in the trade through no act or omission by Licensee; (b) is disclosed to Licensee
by a third party who has a right to make such disclosure without any obligation of
confidentiality to Licensor; (c) is known to Licensee before receipt thereof
pursuant to this Agreement; or (d) is independently developed by Licensee without
access to or use of such information. Except for the specific rights granted by
this Agreement, Licensee shall not use or disclose any Confidential Information
without the written consent of Licensor. Licensee shall use the highest
commercially reasonable degree of care to protect the Confidential Information,
including ensuring that Licensee�s employees or consultants with access to such
Confidential Information have agreed in writing not to disclose the Confidential
Information. Licensee shall bear the responsibility for any breaches of
confidentiality by Licensee�s employees and consultants. Nothing herein shall
prevent Licensee from disclosing all or part of the Confidential Information as
necessary pursuant to the lawful requirement of a governmental agency or when
disclosure is required by operation of law; provided that prior to any such
disclosure, Licensee shall use reasonable efforts to (i) promptly notify Licensor
in writing of such requirement to disclose, and (ii) cooperate fully with Licensor
in protecting against any such disclosure or obtaining a protective order.

8. TERM AND TERMINATION. The term of this Agreement is effective as of the date
Licensee accepts the terms of this Agreement by installing the Software and shall
continue until terminated. This Agreement will terminate (i) if Licensee breaches
any of the terms or conditions of this Agreement and fail to remedy such breach
within thirty (30) days after being given notice thereof, (ii) if Licensee becomes
insolvent or cease to do business; or (iii) if all or a substantial portion of
Licensee�s assets are transferred to an assignee for the benefit of creditors, to a
receiver or to a trustee in bankruptcy or similar laws and such proceeding is not
dismissed within sixty (60) days. Licensee agrees that in the event of the
termination of this Agreement for any reason, Licensee�s license rights to use the
Software and the Documentation are immediately terminated and Licensee will destroy
any copies of the Software and Documentation in Licensee�s possession. The rights
and obligations of the parties under Sections 2 - 9 will survive the termination of
this Agreement.

9. GENERAL.
9.1 Notices. All communications under this Agreement shall be in writing
or by confirmed fax.
9.2 Severability. In the event that any provision of this Agreement shall,
in whole or in part, be determined to be invalid, unenforceable or void for any
reason, such determination shall affect only the portion of such provision
determined to be invalid, unenforceable or void, and shall not affect in any way
the remainder of such provision or any other provision of this Agreement. The
parties agree that they will negotiate in good faith or will permit a court or
arbitrator to replace any provision of this Agreement so held invalid,
unenforceable or illegal with a valid provision that is as similar as possible in
substance to the invalid, unenforceable or illegal provision.
9.3 Waiver. The waiver by either party of a breach or a default of any
provision of this Agreement by the other party shall not be construed as a waiver
of any succeeding breach of the same or any other provision, nor shall any delay or
omission on the part of either party to exercise or avail itself of any right,
power or privilege that it has, or may have hereunder, operate as a waiver of any
right, power or privilege by such party.
9.4 Governing Law; Jurisdiction & Venue. This Agreement shall be governed
by and construed in accordance with the laws of the Commonwealth of Massachusetts
without taking into account its principles on conflicts of law. The parties agree
that the United Nations Convention on Contracts for the International Sale of Goods
will not apply to this Agreement. Exclusive jurisdiction and venue for any
litigation arising under this Agreement is in the federal and state courts located
in Middlesex County, Massachusetts, USA and both parties hereby consent to such
jurisdiction and venue for this purpose.
9.5 Relationship of the Parties. Nothing contained in this Agreement shall
be deemed to constitute either party as the agent or representative of the other
party, or both parties as joint venturers or partners for any purpose.
9.6 Costs, Expenses and Attorneys' Fees. If either party commences any
action or proceeding against the other party to enforce or interpret this
Agreement, the prevailing party in such action or proceeding shall be entitled to
recover from the other party the actual costs, expenses and attorneys' fees
(including all related costs and expenses), incurred by such prevailing party in
connection with such action or proceeding and in connection with obtaining and
enforcing any judgment or order thereby obtained.
9.7 Entire Agreement; Amendment; Assignments. This Agreement (a)
constitutes the entire agreement of the parties hereto with respect to the subject
matter hereof and supersedes all prior understandings and agreements, whether
written or oral, as to such subject matter; (b) may be amended or modified only by
a writing executed by an authorized officer of the party against whom enforcement
is sought; (c) may not be assigned by Licensee without the written consent of
Licensor; and (d) shall be binding upon and shall inure to the benefit of the
respective successors and permitted assigns of the parties hereto.
9.8 Remedies. The parties acknowledge and agree that a breach or a
threatened breach of this Agreement by Licensee would cause not only financial
harm, but irreparable harm to Licensor, and that money damages will not provide an
adequate remedy. In the event of a breach or threatened breach of this Agreement
by Licensee, Licensor shall, in addition to any other rights and remedies it may
have, at law or in equity, be entitled to an injunction restraining, temporarily or
permanently, Licensee from disclosing or using, in whole or in part, the Software
and the Documentation, without the necessity of posting any bond or surety.
9.9 Export. Licensee shall not export or re-export, directly or indirectly
(including via remote access), the Software or other information or materials
provided by Licensor hereunder, to any country for which the United States or any
other relevant jurisdiction requires any export license or other governmental
approval at the time of export without first obtaining such license or approval.
9.10 U.S. Government Restricted Rights. If the Software is being acquired by or
on behalf of the U.S. Government or by a U.S. Government prime contractor or
subcontractor (at any tier), then the Government's rights in the Software and
accompanying Documentation will be only as set forth in this Agreement; this is in
accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD)
acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
9.11 Acknowledgment. Licensee acknowledges that (a) Licensee has read and
understand this Agreement; (b) this Agreement has the same force and effect as a
signed agreement; (c) issuance of this license does not constitute general
publication of the Software or the Documentation; and (d) the individual accepting
this Agreement on behalf of a corporation or other legal entity personally
represents that he or she is duly authorized to accept this Agreement on behalf of
such entity and that this Agreement is binding upon such entity.

Licensor: L0pht Holdings, LLC.

L0pht Holdings, LLC.


20 I Seven Springs Lane
Burlington, MA 01803

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