Professional Documents
Culture Documents
License
License
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
-----------------------------------------------------------------------------------
----------------------------------
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.
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.
4. THIRD PARTY SOFTWARE. The Software includes code licensed from third
parties, which is provided subject to the following:
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.
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.
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.
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.
10.6 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.
10.11 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:
-----------------------------------------------------------------------------------
--------------------------------
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.
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.
4. THIRD PARTY SOFTWARE. The Software includes code licensed from third
parties, which is provided subject to the following:
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.
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.
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
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:
-----------------------------------------------------------------------------------
--------------------------------
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.
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.
4. THIRD PARTY SOFTWARE. The Software includes code licensed from third
parties, which is provided subject to the following:
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.
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.
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
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.
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.
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.
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.
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.
6. THIRD PARTY SOFTWARE. The Software includes code licensed from third
parties, which is provided subject to the following:
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.
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.
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
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.
11.6 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.
11.9 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.
11.11 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.
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--------------------------------
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.
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.
4. THIRD PARTY SOFTWARE. The Software includes code licensed from third
parties, which is provided subject to the following:
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.
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
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.