FirewallBuilder

END USER LICENSE AGREEMENT

PLEASE READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE (THE “SOFTWARE”) OFFERED BY NETCITADEL, INC. (“NETCITADEL”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SOFTWARE. BY CLICKING “ACCEPT” OR BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, THE INDIVIDUAL OR ENTITY LICENSING THE SOFTWARE (“YOU”) ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK “DECLINE” BELOW, AND YOU MUST NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.

30 Day Free Evaluation Period

Please take up to 30 days after you start using the Software (“Evaluation Period”) to determine whether it meets your needs and performs to your satisfaction. Subject to the terms and conditions of this Agreement, NetCitadel grants you a limited, nonexclusive, nontransferable, nonsublicensable license to use and evaluate the Software during the Evaluation Period solely for your internal non-production testing and evaluation purposes and solely in accordance with any associated Documentation (as defined below). After the Evaluation period ends, you shall have no further right to use the Software unless you purchase a License (as defined below).

License grant

Following the Evaluation Period, in order to continue to use the Software, you shall pay to NetCitadel the applicable license fee (“License Fee”).

Upon payment of the License Fee and subject to the terms and conditions of this Agreement, NetCitadel hereby grants you a limited, nonexclusive, nontransferable, and nonsublicensable license to use (in executable form only) the Software on one computer for your personal use and only in accordance with the Documentation, provided that you may exercise the foregoing rights on a second computer as long as you are the primary user of such second computer (i.e., you are the user of such computer at least 80% of the time such computer is used).

License Restrictions

You shall not (and will not allow any third party to) (i) reverse engineer or attempt to discover any source code or underlying ideas or algorithms of the Software (other than any portions of the Software released in source code form and except to the extent that applicable law prohibits reverse engineering restrictions), (ii) provide, lease, lend, license, sublicense, sell, use the Software for timesharing or service bureau purposes, or otherwise use or allow others to use the Software for the benefit of any third party, (iii) use the Software, or allow the transfer, transmission, export, or re-export of the Software or any portion thereof in violation of any export control laws or regulations administered by the U.S. Commerce Department, OFAC, or any other government agency, (iv) copy, modify or create derivative works of the Software (except as allowed under the Archival or Backup Copies Section below) or the Documentation, (v) alter or remove any copyright, trademark, or other proprietary notice from the Software, the Documentation, or any portion thereof, or (vi) use the Software to perform any benchmarking or comparative testing. Any rights not expressly granted herein are reserved and retained by NetCitadel and its suppliers or licensors.

Title

You acknowledge and agree that, as between you and NetCitadel, NetCitadel owns all right, title and interest in the Software and all intellectual property rights related thereto, including without limitation all related written materials and associated documentation (“Documentation”).

License to Updates

Your payment of the License Fee, and subject to the terms of this Agreement, entitles you to updates, fixes, and patches of the Software that Licensor makes generally available for download (each, a “minor release”), but not to any “major releases.” A “major release” is defined as those represented by release numbers X.0. A “minor release” is any other release, represented by a release number X.Y, where Y is a number greater than zero. For example, if you purchased a license to FIREWALL BUILDER v4.0, you are entitled to FIREWALL BUILDER v4.1, but you are not entitled to v5.0. You shall also not be entitled to any other software product offered by NetCitadel. Any update must be used in the same installation as the original version licensed under the License. All such updates to the Software shall be governed by the then-current version of this Agreement at the time of your download of such update.

Technical Support

Technical support is provided via email and online forums.

Archival or Backup Copies

You may copy the Software for back up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the “License Grant” section above.

Refunds

Except as otherwise set forth herein, NetCitadel does not give License Fee refunds. We have designed the Evaluation Period so that you can confirm that the Software suits your needs.

EVALUATION VERSION WARRANTY DISCLAIMER.

NETCITADEL PROVIDES THE EVALUATION VERSION OF THE SOFTWARE “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

PAID LICENSE VERSION WARRANTY DISCLAIMER

NetCitadel warrants only to you that Software, upon your payment of the License Fee, will conform in all material respects to the applicable Documentation for the Software. Such warranty does not apply to Software that has been used other than in conformity with such Documentation and NetCitadel’s instructions. EXCEPT FOR BODILY INJURY, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THE FOREGOING WARRANTY SHALL BE THE REPAIR OR REPLACEMENT OF THE SOFTWARE OR (AT NETCITADEL’S OPTION OR IF REPAIR OR REPLACEMENT IS IMPRACTICAL) REFUND OF THE LICENSE FEE PAID FOR THE SOFTWARE. EXCEPT FOR THE FOREGOING WARRANTIES, NETCITADEL DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL NETCITADEL OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY; OR (III) ANY MATTER BEYOND ITS REASONABLE CONTROL. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NETCITADEL’S LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE FEES PAID BY YOU HEREUNDER. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF LICENSOR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Term and Termination

This Agreement takes effect upon your use of the Software and remains effective until terminated as set forth herein. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. NetCitadel may terminate this Agreement immediately if you violates any provision of this Agreement. Any termination of this Agreement shall also terminate the licenses granted hereunder. Upon termination of this Agreement for any reason, you shall destroy and remove from all computers, hard drives, networks, and other storage media all copies of the Software.

Confidentiality

You acknowledge that, in the course of using the Software and performing under this Agreement, you may obtain or learn business, technical, or financial information relating to the Software and NetCitadel (“Proprietary Information”), and that all such information is confidential and proprietary to NetCitadel. During and after the term of this Agreement, you shall hold in confidence and protect, and shall not use (other than in accordance with this Agreement) and shall not disclose any Proprietary Information, unless such Proprietary Information becomes part of the public domain without any breach of this Agreement by you, and if you are an entity, your officers, directors, employees or agents.

General Provisions

You may not assign or transfer this Agreement to any other party, and any attempt to do so shall be null and void. NetCitadel may freely assign or transfer this Agreement without consent. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement shall be deemed to have been made in, and shall be construed pursuant to the laws of the state of California, without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”). Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. This Agreement may not be modified without the prior written consent of both parties.

File open_source_licenses.txt is supplied with the package or can be downloaded here

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