Software License Agreement

This License Agreement details the policy for license of AdventNet SNMP API on the following topics:

Evaluation License
Developer License
Distribution License
Development Support
Deployment/ Production Support

Please read the following license carefully, before either (i) completing the electronic order or download of SNMP API from an authorized web site, or (ii) installing SNMP API from media that was delivered after being ordered by alternative order process, as applicable.

1. Evaluation License

AdventNet grants to you a non-exclusive, non-transferable, Evaluation license for trial and evaluation of the software, in binary object code form, for a period of Forty-five (45) days from the date of download. You may use any third party software products or modules supplied by AdventNet solely with the Software, unless the licensing terms of the third party software products or modules specify otherwise. You may not disclose the results of software performance benchmarks to any third party without AdventNet's prior written consent.

This license begins upon downloading and ends Forty-five (45) days thereafter ("Evaluation Period"). If you wish to use the software after 45 day evaluation period, formal license authorization from AdventNet is required. If you are not willing to use the software after evaluation period, delete all the copies installed in your computer with immediate effect. You are forbidden from using the Software for any other use or otherwise offering it for resale under the terms of this section 1. AdventNet retains all rights not specifically granted to you herein.

2. Developer License & Ownership

SNMP API is owned by AdventNet and is copyrighted and licensed, not sold. As part of purchasing development license for each named developer, AdventNet grants you a non-exclusive, non-transferable license to use SNMP API as part of your development environment. This development license does not entitle you to any technical support or bug fixes or other maintenance services from AdventNet. If technical support or maintenance services, as described in Section 4, are desired, a development support license needs to be obtained from AdventNet.

3. Distribution License

As part of purchasing development license for each named developer, AdventNet grants you a non-exclusive, non-transferable license to use and distribute permitted components of SNMP API in binary form embedded as part of your application, without per unit or per copy licensing fees, provided you follow the conditions listed as (a) through (f) below.

Specifically, in return for the grant of this deployment license, you acknowledge that AdventNet is under no obligation to provide any technical support or bug fixes for the Licensed Software during your deployment. If technical support or maintenance services are desired, a deployment support license needs to be obtained from AdventNet.

If you cannot meet any of the following conditions, please contact us to arrange a special custom license.

End User Applications: You are not bundling SNMP API or a derivative of it as part of a software API or library product. Note that this restriction is targeted at products that address software developers, and does not prevent the SNMP API from being bundled along with end-user applications that provide substantial additional functionality on top of the SNMP API.
Restrictions on IDE Vendors: You are not bundling SNMP API or a derivative of it as part of a software development environment such as JBuilder, WebGain or VisualAge. Note that this restriction is targeted at IDE vendors, and does not prevent developers from loading SNMP API into an IDE and using it during everyday development.
Restrictions on Management Framework and Infrastructure Software Vendors: You are not integrating SNMP API or a derivative of it into a network or systems management framework or software infrastructure platform or products such as but not limited to: Systems Management Frameworks, Network Management Frameworks or Platforms, EJB Application Servers, Enterprise Application Integration products, Business to Business Integration products, Web Services Platforms, Web Services Management products, Process Control products, Business Process Automation products, Process Orchestration products, Distributed Computing Infrastructure products or platforms, Messaging Middleware products or Web Server products. Note that this restriction is targeted at software infrastructure vendors, and does not prevent developers from using and bundling SNMP API with higher-level applications that run on these platforms.
Restrictions on Development and Deployment Environment: You are not using SNMP API or a derivative of it on a device which is not a standard PC or server. Examples of such devices include cell phones, PDAs, cars, factory controllers, routers and printers. Please note that the SNMP API may be used to communicate with and manage any device, and this restriction is only intended on the device on which the SNMP API is deployed.
Restrictions on Permitted Components to be Distributed: MIB Browser application, which is included in the SNMP API Professional Edition, shall not be distributed with your application. Please contact AdventNet sales to distribute MIB Browser application along with your application.
Display of Copyright Information: You must not remove any of the copyright information from the SNMP API documentation.

4. Development Support

During the development phase of your application, AdventNet provides you the option of availing Classic or Premium support. The terms of development support shall be as provided in Exhibit A. AdventNet specifically excludes upgrades from the support programs. Upgrade to SNMP API will be provided upon payment of an Upgrade License Fee in accordance with AdventNet's then current pricing policy.

5. Deployment/Production Support

During the deployment phase of your application, AdventNet provides you Deployment/ Production Support services. Please contact AdventNet Sales, for the deployment license terms, which may require additional fees.

6. Restrictions on Use

Regardless of how the SNMP API is being used, you may not reverse engineer, decompile, disassemble or otherwise attempt to determine source code of SNMP API. You may not publish or provide any results of benchmark tests run on SNMP API to a third party without prior written consent from AdventNet. During the term of this Agreement, you shall not use the SNMP API to develop for commercial distribution software products that compete with SNMP API.

7. Term and Termination

This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of SNMP API. This Agreement will terminate immediately without notice from AdventNet if you fail to comply with any provision of this Agreement. Upon termination, you must destroy all copies of SNMP API.

8. Warranty Disclaimer and Limitation of Liability

AdventNet licenses SNMP API to you on an "as is" basis, without warranty of any kind. AdventNet hereby expressly disclaims all warranties or conditions, either express or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose. You are solely responsible for determining the appropriateness of using SNMP API and assume all risks associated with the use of it, including but not limited to the risks of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.

Some jurisdictions do not allow for the exclusion or limitation of implied warranties, so the above limitations or exclusions may not apply to you.

AdventNet will not be liable for any direct damages or for any special, incidental, or indirect damages or for any economic consequential damages (including lost profits or savings), even if AdventNet has been advised of the possibility of such damages. AdventNet will not be liable for the loss of, or damage to, your records or data, or any damages claimed by you based on a third party claim.

Some jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

9. General

This Agreement is governed by the laws of the State of California. This Agreement is the only understanding and agreement we have regarding your use of SNMP API. You shall not export SNMP API or the derived application except in compliance with United States export regulations and applicable laws and regulations. It supersedes all other communications, understandings or agreements we may have had prior to this Agreement.

Exhibit A - Development Support Terms

A.1 Classic Support Terms

Business Hours 9 x 5
Acknowledgement (email response) within 2 Business Days
Email Support
Online Access (documentation, FAQs, release notes and white papers)
Service Pack (cumulative collection of workarounds, patches and bug fixes)
Minor Release (feature releases and service packs, indicated by a change in the decimal)

A.2 Premium Support Terms

Business Hours 9 x 5
Acknowledgement (email response) within 1 Business Day
Email Support
Online Access (documentation, FAQs, release notes and white papers)
Service Pack (cumulative collection of workarounds, patches and bug fixes)
Minor Release (feature releases and service packs, indicated by a change in the decimal)
Telephone Support
Customer Patches (Fixes to severity 1 problems that do not have any acceptable workaround)
Customer Owner (designated technical contact person for all technical issues and escalations)

Note: Upgrade (significant new features, additions to functionalities, indicated by a change in the number to the left of the decimal) is not included in both Classic and Premium support terms.