NP-Live End User License Agreement
Terms and conditions
The Software (as defined below) will only be licensed to Licensee (as defined below) upon the condition that Licensee accepts all of the terms and conditions contained in this license ("License"). Please read this License carefully. By continuing to use the Software, Licensee accepts the terms and conditions of this License.
- Derivative Work means any derivative work, as defined by U.S. copyright law, of the Software, including any modification, enhancement, upgrade, or improvement to the Software.
- License means this NP-Live End User License Agreement.
- Software means the NP-Live software in object form only.
- Licensee means an individual or legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, Licensee includes any entity that controls, is controlled by, or is under common control with Licensee. For purposes of this License, "control" means ownership, directly or indirectly, of more than fifty percent (50%) of the equity capital of the legal entity.
- Use means to install and run a copy of Software on a computer.
- User means a person who Uses the Software.
- Registered is the act of binding a copy of the Software to a specific User, and takes place by registering the identity of the User on https://portal.network-perception.com.
License Grant. Subject to Licensee’s compliance with the terms and conditions of this License and the associated Mandatory Terms for End Users in Appendix A , Network Perception, Inc. (“NP”) grants a non-transferable, non-exclusive, restricted license to Licensee to Use the Software for Licensee’s internal business purposes only.
License restrictions. Licensee shall not:
- Reproduce or copy the Software, except for archival purposes;
- Modify the Software or create Derivative Works thereof;
- Use, or cause or permit the use of, the Software in whole or in part for any purpose other than as permitted under this License;
- Distribute, sell, lease, license or otherwise grant rights or make the Software available to a third party outside Licensee’s organization;
- Decompile, disassemble, decrypt, extract or otherwise reverse-engineer the Software or incorporate the Software into any product;
- Use the Software as part of services provided to a third party customer, unless “Commercial” is displayed in the license key information; or
- Remove any product identification, proprietary, copyright or other notices contained in the Software.
Number of Users restriction. License also agrees that the Software will be used by a number of Users not to exceed the limit specified in the license key information, and that each User will use a copy of the Software that is Registered under such User’s name.
License expiration. This License includes an expiration date provided in the license key that results in the termination of the License.
Ownership. The Software is owned by NP and the Board of Trustees of the University of Illinois (the “University”), and NP and University retain all right, title, and interest in and to the Software. Nothing in this License shall be construed as conferring any license, of NP, University, or any third party’s intellectual property rights other than the right to use the Software in the manner and to the extent authorized by this License.
Support. NP provides support maintenance and Users can submit requests for support and bug fixes by email at firstname.lastname@example.org or through the portal dashboard at https://portal.network-perception.com or directly through the log panel of NP-View. The NP support team will follow up on support requests within 24 hours and will publish a new release (“Software Updates”) when fixes are implemented. The Software Updates will be considered part of the Software, and subject to the terms and conditions of this License.
NP is under no obligation to support the Software in any way, or to provide Licensee with updates, bug fixes, builds, or error corrections (collectively "Software Updates"). If NP, at its sole option, provides Software Updates to Licensee, the Software Updates will be considered part of the Software, and subject to the terms and conditions of this License.
- THE SOFTWARE PROVIDED HEREUNDER IS PROVIDED “AS IS,” AND NP MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. NP MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS.
- THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SOFTWARE SHALL BE BORNE SOLELY BY LICENSEE. NP HEREBY DISCLAIMS ANY WARRANTY THAT THE SOFTWARE SHALL BE ERROR FREE, WITHOUT DEFECTS OR CODE, WHICH MAY CAUSE DAMAGE TO LICENSEE’S COMPUTERS OR TO LICENSEE, AND THAT THE SOFTWARE SHALL BE FUNCTIONAL. LICENSEE SHALL BE SOLELY LIABLE TO ANY DAMAGE, DEFECT OR LOSS INCURRED AS A RESULT OF OPERATING THE SOFTWARE AND UNDERTAKES THE RISKS CONTAINED IN RUNNING THE SOFTWARE ON LICENSEE’S COMPUTER.
- NP MAKES NO WARRANTY THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, THAT ACCESS TO THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED. LICENSEE ACKNOWLEDGES THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE SOFTWARE IS AT LICENSEE’S SOLE RISK AND DISCRETION AND NP WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO LICENSEE OR LICENSEE’S PROPERTY. LICENSEE ACKNOWLEDGES THAT IT IS LICENSEE’S RESPONSIBILITY TO FOLLOW PROPER BACKUP PROCEDURES TO PROTECT AGAINST LOSS OR ERROR RESULTING FROM USE OF THE SOFTWARE.
LIMITATION OF LIABILITY.
- IN NO EVENT SHALL NP (INCLUDING ITS OFFICERS, EMPLOYEES, PARTNERS, OR SHAREHOLDERS) BE LIABLE TO LICENSEE, USERS OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL, ECONOMIC, PUNITIVE (INCLUDING, BUT NOT LIMITED TO LOST REVENUES OR LOST PROFITS) OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY, EVEN IF NP MAY HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL NP BE LIABLE FOR DAMAGES OR LOSSES THAT EXCEED, IN THE AGGREGATE, THE AMOUNT OF FEES PAID BY LICENSEE FOR THE SOFTWARE.
- Licensee assumes the entire risk as to the quality, results, performance and/or non-performance of the Software. Licensee shall have the sole responsibility to adequately protect and backup Licensee’s data or equipment used in connection with the Software. Licensee shall not make any statements or accept any liabilities or responsibilities with respect to any person or entity that are inconsistent with any limitation included in this Paragraph.
- NP shall not be liable for any damages or costs incurred in connection with the expired licenses.
Confidential Information. Licensee acknowledges that the Software and Derivative Works are proprietary to NP and University. Licensee agrees to protect the Software and Derivative Works from unauthorized disclosure, use, or release and to treat the Software and Derivative Works with at least the same level of care as Licensee uses to protect Licensee’s own proprietary computer programs and/or confidential information, but in no event less than a reasonable standard of care. If Licensee becomes aware of any unauthorized licensing, copying or use of the Software or Derivative Works, Licensee shall promptly notify NP in writing at email@example.com.
Termination. In the event that Licensee breaches any of Licensee’s obligations under this License, and if such breach has not been remedied within ten (10) days after the date of notice in writing of such breach, NP may terminate this License immediately by written notice to Licensee. Upon expiration or termination of this License, Licensee shall (i) promptly cease use of the Software; and (ii) return to NP the original and all copies of the Software in Licensee’s possession or, at the option of NP, Licensee shall destroy all such Software, with such destruction to be certified in writing to NP, to the attention of Robin Berthier, by a responsible representative of Licensee. Rights and obligations under this License that by their natures should survive will remain in effect after termination or expiration of this License.
Export Controls. The Software may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. Licensee agrees to strictly comply with all such laws and regulations and acknowledges Licensee has the responsibility, at Licensee’s own expense, to obtain such licenses to export, re-export, or import as may be required.
Entire Agreement. This License, including any appendices or exhibits, represents the parties’ entire agreement relating to the Software. This License may not be extended, amended, modified, in whole or in part, except by further specific written agreement of the parties signed by their respective authorized officials.
Enforcement. This License shall be governed by the substantive laws of the State of Illinois, U.S.A., excluding its conflict of laws provisions. If any provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. The venue for all claims and disputes between Licensee and NP shall be the County of Champaign, State of Illinois
Waiver. The failure of either party to enforce any provision of this License shall not constitute a waiver of that right or future enforcement of that or any other provision.
Assignment. Licensee may not assign or otherwise transfer any of its rights or obligations under this License, without the prior written consent of NP.
University of Illinois end user terms. Parts of the Software are provided under the University of Illinois End User Terms provided in Appendix A. The rights to use the Software are in part subject to those terms.
Open source software licenses. Software includes the open source components listed hereafter. The rights to use Software are in part subject to the terms of the applicable open source software licenses. Licensee and NP are each responsible for complying with their respective obligations under the applicable open source software licenses. Neither Licensee nor NP shall do anything that puts the other in breach of its obligations under the open source software licenses. A copy of the applicable open source software licenses is available through the Help menu of the Software and includes:
- Apache License 2.0
- Java Apache Commons Collections 4.01, Logging 1.1.3, Net 3.1, Util Concurrent 1.3.4
- Java HTTP Client (Apache License)
- Java HTTP Core (Apache License)
- Python bcrypt (2.0.0)
- Python intervaltree (2.0.4)
- Python pymongo (3.2.2)
- Python requests (2.5.1)
- Python toposort (1.4)
- Python tornado (4.0.2)
- Python watchdog (0.8.3)
- Python sortedcontainers (0.9.5)
- Python dulwich (0.17.3)
- BSD License
- DNS Java 2.0.0
- Java Jung Algorithms, API, Graph, Visualization 2.0.1
- Python dill (0.2.5)
- Python enum34 (1.0.4)
- Python netaddr (0.7.13)
- Python passlib (1.6.5)
- Python rq-dashboard (0.3.4)
- Python rq (0.6.0)
- Python ujson (1.35)
- JSON License
- Java JSON
- MIT License
- Java JSoup 1.7.3
- Python PyParsing
- Python beautifulsoup4 (4.3.2)
- Python configparser (3.3.0r2)
- Python redis (2.10.5)
- Python rpyc (3.3.0)
- Python rq-scheduler (0.5.1)
- Python simplejson (3.8.0)
- Python xmltodict (0.10.1)
- Python tabulate (0.7.3)
- Python unqlite (0.4.1)
- Python libsass (0.11.2)
- Python netmiko (1.2.7)
- GPLv2 License with classpath Exception License
- Java Mail
- Python ete2 (2.3.7)
- Python interval (1.0.0)
- Python License
- Python python-ldap (2.4.21)
- ISC License
- Python pypcapfile (0.12.0)
- Python soappy (0.12.22)
- Apache License 2.0
Appendix A: Mandatory Terms for End Users
These terms will apply because you (“End User”) are licensing, using, or are provided access to software (“NP-Live”) that incorporates, or is based on, certain software (“Illinois Software”) of The Board of Trustees of the University of Illinois (“University”).
Rights. End User may (1) use the Illinois Software only as an integral component of the NP-Live; (2) make copies of the NP-Livefor back-up or archival purposes only (provided that all notices are included as specified in Section 4 below); and (3) End User may use the NP-Live for its internal business purposes only, and will not sublicense, redistribute, or otherwise allow third parties to use them directly or indirectly, whether on a time sharing, remote job entry or service bureau arrangement. Any use of the NP-Live beyond these limitations will be subject to NP’s prior written consent and payment of the applicable fees.
Ownership. All patents, copyrights, trade secrets and other proprietary rights in or related to the Illinois Software are and will remain the exclusive property of University, whether or not specifically recognized or perfected under applicable law. End User will not take any action that jeopardizes University’s proprietary rights. End User acknowledges and agrees that it acquires no right in the Illinois Software, except the limited use license specified in Section 1. University will own all rights in any copy of the Illinois Software.
Source Code. The End User is not entitled to receive the source code version of the Illinois Software, and under no circumstances may the End User recipient reverse-compile, reverse-assemble, decompile, disassemble, decrypt, extract, or otherwise reverse-engineer or modify the object code version of NP-Live.
Notices. The End User must reproduce and include the copyright notice(s) and proprietary legend(s) of University, as applicable, as they appear in NP-Live and on any media containing NP-Live and on all copies of NP-Live prepared by the End User.
Third Party Beneficiary. End User acknowledges that the provisions of its agreement with NP, including, but not limited to these Terms (“Agreement”), are intended to inure to the benefit of University as a third party beneficiary of this Agreement, and University will be entitled to enforce such provisions against End User. End User further acknowledges that University accepts its third party beneficiary rights hereunder and that such rights will be deemed irrevocable.
All warranties, maintenance, and support (if any) with respect to the Illinois Software and NP-Live will be provided solely by NP and not by University. UNIVERSITY MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING NP PRODUCTS OR ANY OTHER MATERIALS, SERVICES, INFORMATION, OR TECHNOLOGY, AND UNIVERSITY EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.
UNDER NO CIRCUMSTANCES WILL UNIVERSITY BE LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF END USER OR ANY OTHER PARTY ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. NOTWITHSTANDING THE FORM (E.G., CONTRACT, TORT, OR OTHERWISE) IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT. IN NO EVENT WILL UNIVERSITY BE LIABLE FOR DAMAGES OR LOSSES THAT EXCEED, IN THE AGGREGATE, THE AMOUNT OF FEES PAID BY END USER FOR THE PRODUCTS THAT GAVE RISE TO SUCH DAMAGES OR LOSSES FOR EACH RESPECTIVE BREACH OR SERIES OF RELATED BREACHES, AND END USER AGREES THAT IT MUST FIRST PURSUE AND EXHAUST ALL REMEDIES AGAINST COMPANY BEFORE PURSUING ANY REMEDY (IF ANY) AGAINST UNIVERSITY.