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LICENSE
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NPCAP COPYRIGHT / END USER LICENSE AGREEMENT
Npcap is a Windows packet sniffing driver and library and is copyright
(c) 2013-2016 by Insecure.Com LLC ("The Nmap Project"). All rights
reserved.
Even though Npcap source code is publicly available for review, it is
not open source software and my not be redistributed without special
permission from the Nmap Project. We fund the Npcap project by
selling a commercial license which allows companies to redistribute
Npcap with their products and also provides for support, warranty, and
indemnification rights. For details on obtaining such a license,
please contact:
sales@nmap.com
Free and open source software producers are also welcome to contact us
for redistribution requests. However, we normally recommend that such
authors instead ask your users to download and install Npcap themselves.
Since the Npcap source code is available for download and review,
users sometimes contribute code patches to fix bugs or add new
features. By sending these changes to the Nmap Project (including
through direct email or our mailing lists or submitting pull requests
through our source code repository), it is understood unless you
specify otherwise that you are offering the Nmap Project the
unlimited, non-exclusive right to reuse, modify, and relicence your
code contribution so that we may (but are not obligated to)
incorporate it into Npcap. If you wish to specify special license
conditions or restrictions on your contributions, just say so when you
send them.
This copy of Npcap (the "Software") and accompanying documentation is
licensed and not sold. This Software is protected by copyright laws
and treaties, as well as laws and treaties related to other forms of
intellectual property. The Nmap Project owns intellectual property
rights in the Software. The Licensee's ("you" or "your") license to
download, use, copy, or change the Software is subject to these rights
and to all the terms and conditions of this End User License Agreement
("Agreement").
ACCEPTANCE
By accepting this agreement or by downloading, installing, using, or
copying the Software, or by clicking "I Agree", you agree to be bound by the
terms of this EULA. If you do not agree to the terms of this EULA, do
not install, use, or copy the Software.
LICENSE GRANT
This Agreement entitles you to install and use one copy of the
Software. In addition, you may make one archival copy of the
Software which may only be used for the reinstallation of the
Software. This Agreement does not permit the installation or use
of multiple copies of the Software, or the installation of the
Software on more than one computer at any given time, on a system
that allows shared used of applications, on a multi-user network,
or on any configuration or system of computers that allows
multiple users. A user may only have one instance of this
Agreement active at once. For example, downloading the software
multiple times, downloading multiple versions of the software,
and/or executing the software installer multiple times do not
grant any additional rights such as using the software on
multiple machines. Multiple copy use or installation is only
allowed if you obtain an appropriate licensing agreement by
contacting sales@nmap.com.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This program is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
RESTRICTIONS ON TRANSFER
Without first obtaining the express written consent of the Nmap
Project, you may not assign your rights and obligations under this
Agreement, or redistribute, encumber, sell, rent, lease, sublicense,
or otherwise transfer your rights to the Software Product.
RESTRICTIONS ON USE
You may not use, copy, or install the Software Product on any system
with more than one computer, or permit the use, copying, or
installation of the Software Product by more than one user or on more
than one computer.
RESTRICTIONS ON COPYING
You may not copy any part of the Software except to the extent that
licensed use inherently demands the creation of a temporary copy
stored in computer memory and not permanently affixed on storage
medium. You may make one archival copy as well.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY THE NMAP PROJECT,
THE NMAP PROJECT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN
FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS
SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS
PROVIDED WITH THE SOFTWARE.
The Nmap Project makes no warranty that the Software will meet your
requirements or operate under your specific conditions of use. The
Nmap Project makes no warranty that operation of the Software Product
will be secure, error free, or free from interruption. YOU MUST
DETERMINE WHETHER THE SOFTWARE SUFFICIENTLY MEETS YOUR REQUIREMENTS
FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND
ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE TO
MEET YOUR REQUIREMENTS. THE NMAP PROJECT WILL NOT, UNDER ANY
CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY
COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL THE NMAP PROJECT, ITS DIRECTORS,
OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR
INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY
DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF
BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING,
PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE, WHETHER DUE TO A
BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF THE NMAP
PROJECT OR ANY OTHER PARTY, EVEN IF THE NMAP PROJECT IS ADVISED
BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE
APPLICABLE JURISDICTION LIMITS THE NMAP PROJECT'S ABILITY TO DISCLAIM
ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE
MAXIMUM EXTENT PERMITTED.
LIMITATIONS OF REMEDIES AND DAMAGES
Your remedy for a breach of this Agreement or of any warranty included
in this Agreement is the correction or replacement of the Software or
a refund of the purchase price of the Software, exclusive of any costs
for shipping and handling. Selection of whether to correct or replace
or refund shall be solely at the discretion of the Nmap Project. The
Nmap Project reserves the right to substitute a functionally
equivalent copy of the Software Product as a replacement.
Any claim must be made within the applicable warranty period. All
warranties cover only defects arising under normal use and do not
include malfunctions or failure resulting from misuse, abuse, neglect,
alteration, problems with electrical power, acts of nature, unusual
temperatures or humidity, improper installation, or damage determined
by the Nmap Project to have been caused by you. All limited warranties
on the Software Product are granted only to you and are
non-transferable.
You agree to indemnify and hold the Nmap Project harmless from all
claims, judgments, liabilities, expenses, or costs arising from your
breach of this Agreement and/or acts or omissions.
GOVERNING LAW, JURISDICTION AND COSTS
This Agreement is governed by the laws the United States of America
and Washington State, without regard to Washington's conflict or
choice of law provisions.
SEVERABILITY
If any provision of this Agreement shall be held to be invalid or
unenforceable, the remainder of this Agreement shall remain in full
force and effect. To the extent any express or implied restrictions
are not permitted by applicable laws, these express or implied
restrictions shall remain in force and effect to the maximum extent
permitted by such applicable laws.
WINPCAP & LIBPCAP ATTRIBUTION
Much of the Npcap code is originally from WinPcap software
(http://www.winpcap.org/). See
https://github.com/nmap/npcap/blob/master/WinPcap-License-And-Acknowledgements.txt
for further information and attribution related to that.
Npcap also includes and depends on the Libpcap packet capturing
library, which is under a 3-clause BSD license allowing free
redistribution and use in other software. The Libpcap license can be
found at:
https://github.com/nmap/npcap/blob/master/Libpcap-License.txt