TRIPWIRE, INC. END-USER LICENSE AGREEMENT

This Tripwire, Inc. ("Tripwire") End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a legal entity) and Tripwire for the software product, which includes computer software and ay include associated media and printed materials, and may include "online" or electronic documentation ("Software"). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, promptly delete the Software.

1. GRANT OF LICENSE.
Subject to the terms of this EULA, Tripwire grants to you, as the only end-user, a non-exclusive, non-transferable (except as specifically set forth herein), non-assignable, limited license (the "License") to use the Software (in Executable Code form) in accordance with the documentation.  The Software may not be used to manage any device or network not equipped with, or designed to work with, the Software.  The Software may not be used in connection with any software with which the Software is not specifically designed to work.

2. OTHER RIGHTS AND LIMITATIONS.
You may not rent, lease, distribute, sell, assign, pledge, sublicense, loan, timeshare or otherwise use the Software for the commercial benefit of third parties, but you may transfer the Software on a permanent basis, provided you retain no copies and the recipient expressly agrees in writing to the terms of this EULA.

Limitation on Reverse Engineering, Decompilation, and Disassembly. 
You may not reverse engineer, decompile, translate, or disassemble the Software, except and only to the extent that applicable law notwithstanding this limitation expressly permits such activity.

Other Use Restrictions.
You may not use the Software for any purpose other than for use on your own internal computer networks, as set forth in this EULA. 

Notice to Users.
You shall inform all users of the Software of all terms and conditions of the EULA.
3. COPYRIGHT.
The Software is licensed, not sold. Title and copyrights in and to the Software (including any images, "applets," photographs, animations, video, audio, music, and text incorporated into the Software), accompanying printed materials, and any copies you are permitted to make herein, are owned by Trip¬wire or its suppliers and are protected by United States copyright laws and international treaty provisions.  Therefore, you must treat the Software like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk, provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the Software.

4. EXPORT RESTRICTIONS.
The Software is subject to the export control laws of the United States. You may not export or re-export the Software without the appropriate United States and foreign government licenses. You must otherwise comply with all applicable export control laws and shall defend, indemnify and hold Trip¬wire and all its suppliers not liable from any claims arising out of your violation of such export control laws. You further agree to comply with the United States Foreign Corrupt Practices Act, as amended.

5. DISCLAIMERS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS BEING LICENSED TO YOU "AS IS" AND TRIP¬WIRE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS, WITH REGARD TO THE SOFTWARE, THE ACCOMPANYING WRITTEN MATERIALS, AND ANY ACCOM¬PANYING HARDWARE. This warranty disclaimer is made regardless of whether Tripwire knows or had a reason to know of your particular needs.  No employee, agent, dealer or distributor of Tripwire's is authorized to modify this limited warranty, or make any additional warranties.

Without limiting the forgoing, the Remediation commands contained in the Software are derived from sources which (typically) include the system guidance from the publisher or manufacturer. Tripwire is relying on such third party information, and makes no warranties of any kind in relation to the accuracy or propriety of such information. Please note, these instructions are not guaranteed to work due to the specific nature of your environment and should only be treated as general guidance. Tripwire is not responsible, and expressly disclaims all liability, for any modification of settings, undesired behavior or any other results of your use of this remediation guidance. You assume all risk and responsibility therefor. In any case, all modifications to systems should be performed by trained, experienced and appropriate IT staff. Always apply appropriate backup measures prior to configuration change to allow systems to be returned to prior state.

6. CUSTOMER REMEDIES. 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRIPWIRE BE LIABLE FOR ANY DIRECT, CONSEQUEN¬TIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING ANY LOST DATA AND LOST PROFITS, ARISING FROM OR RELATING TO THIS EULA. TRIPWIRE'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS EULA AND THE SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF LICENSE FEES PAID, IF ANY, TO TRIPWIRE HEREUNDER. YOU ACKNOWLEDGE THAT THE LICENSE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS EULA AND THAT TRIPWIRE WOULD NOT ENTER INTO THIS EULA WITHOUT THESE LIMITATIONS ON ITS LIABILITY.

7. CUSTOMER WARRANTY. 
You warrant that you are fully authorized to use the operating system upon which the Software is run.  You agree to indemnify and hold Tripwire harm¬less for any breach of this warranty.

8. U.S. GOVERNMENT END USERS.
The Software is a "commercial item", as that term is defined at 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "com¬mercial computer software documentation", as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R 227.7202-1 through 227.7202-4 (June 1995), the Software is licensed to any U.S. Government End Users (i) only as a commercial end item and (ii) with only those rights as are granted to all other End Users pursuant to the terms and conditions herein.

9. GOVERNING LAW.
This EULA will be governed by the laws of the State of Oregon as such laws apply to contracts between Oregon residents performed entirely within Oregon.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to this EULA. Any action or proceeding aris¬ing from or relating to this EULA must be brought in a federal court in the District of Oregon or in state court in Multnomah County, Oregon, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding.

10. TERM AND TERMINATION.
This EULA shall continue indefinitely, unless terminated earlier in accordance with this Section 10. You may terminate this EULA at any time by returning or deleting all copies of the Software in your possession and providing Tripwire written notice that you have done so. (No refund will be pro¬vided upon such termination). Tripwire may terminate this EULA (and your right to continue to use the Software hereunder) immediately upon written notice if you breach a material term or condition of this EULA. Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12, shall survive any termination of this EULA.  For demonstration or evaluation Software, this EULA, and all rights granted herein, shall terminate thirty (30) days after your first use of the Software, or as indicated in the relevant order.

11.  CONFIDENTIALITY.
The Software contains trade secrets and proprietary know-how that belong to Tripwire and is being made available to you in strict confidence.  ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS EULA, IS STRICTLY PROHIBITED AND IS ACTIONABLE AS A VIOLATION OF OUR TRADE SECRETS.

12. MISCELLANEOUS.

12.1  Third Party Software Licenses.

Apache Software.
The Software contains the following Apache software: common-collections.jar, commons-discovery.jar, commons-logging-1.0.4.jar, ant.jar, axis.jar, jaxrpc.jar, saaj.jar, and wsdl4j.jar  Copyright 2003-2006 Apache Software Foundation.  Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License.   You may obtain a copy of the License at    http://www.apache.org/licenses/LICENSE-2.0.  Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.  See the License for the specific language governing permissions and
limitations under the License.

GNU Trove
The Software also contains GNU Trove HashFunctions and PrimeFinder Classes, Copy¬right 1999 CERN - European Organization for Nuclear Research.  Permission to use, copy, modify, distribute and sell this software and its documentation for any purpose is hereby granted without fee, provided that the above copyright notice appear in all copies and that both that copyright notice and this permission notice appear in supporting documentation. CERN makes no representations about the suitability of this software for any purpose. It is provided "as is" without expressed or implied warranty.  The software also contains the GNU Trove Library. Copyright Eric D. Friedman Portions of the runtime are copyright 1996, 1997, 2001, 2002 Free Software Foundation. All Rights Reserved. The library and its uses are covered by the terms and conditions of the GNU Lesser General Public License ("LPGL"). In order to comply with the LGPL, a a copy of the library, and a copy of the LGPL may be found at http://www.tripwire.com/files/downloads/trove.cfm 
Mindterm.jar
The Software also contains Appgate mindterm.jar. Copyright 1998-2005, AppGate AB, All rights reserved. 

Sun Software (JAF and Javamail) 
The Software contains software and copyrighted information of Sun Microsystems, Inc.  All title to such software is retained by Sun. As to any such software, Sun is a third party beneficiary of this EULA. Copyright 1994-2007 Sun Microsystems, Inc.  All Rights Reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 
• Redistribution of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
• Redistribution 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.
 
Neither the name of Sun Microsystems, Inc. or the names of contributors may be used to endorse or promote products derived from this software without specific prior written permission. This software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. SUN MICROSYSTEMS, INC. ("SUN") AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THIS SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
You acknowledge that this software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility.
util.concurrent library
All classes are released to the public domain and may be used for any purpose whatsoever without permission or acknowledgment. Portions of the CopyOnWriteArrayList and ConcurrentReaderHashMap classes are adapted from Sun JDK source code. These are copyright of Sun Microsystems, Inc, and are used with their kind permission, as described in this license.

TECHNOLOGY LICENSE FROM SUN MICROSYSTEMS, INC.
TO DOUG LEA.  Whereas Doug Lea desires to utlized certain Java Software technologies in the util.concurrent technology; and Whereas Sun Microsystems, Inc. (“Sun”) desires that Doug Lea utilize certain Java Software technologies in the util.concurrent technology; Therefore the parties agree as follows, effective May 31, 2002: “Java Software technologies” means classes/java/util/ArrayList.java, and classes/java/util/HashMap.java.  The Java Software technologies are Copyright (c) 1994-2000 Sun Microsystems, Inc. All rights reserved. Sun hereby grants Doug Lea a non-exclusive, worldwide, non-transferrable license to use, reproduce, create derivate works of, and distribute the Java Software and derivative works thereof in source and binary forms as part of a larger work, and to sublicense the right to use, reproduce and distribute the Java Software and Doug Lea's derivative works as the part of larger works through multiple tiers of sublicensees provided that the following conditions are met: Neither the name of or trademarks of Sun may be used to endorse or promote products including or derived from the Java Software technology without specific prior written permission; and Redistributions of source or binary code must contain the above copyright notice, this notice and  and the following disclaimers: This software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. SUN MICROSYSTEMS, INC. AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN MICROSYSTEMS, INC. OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN MICROSYSTEMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You acknowledge that Software is not designed,licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility.  Signed [Doug Lea] dated.

vim25.jar

Licensed from VMWare.  

XPP3
Indiana University Extreme! Lab Software License Version 1.1.1

Copyright (c) 2002 Extreme! Lab, Indiana University. All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1) Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2) 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 end-user documentation included with the redistribution, if any, must include the following acknowledgment: This product includes software developed by the Indiana University Extreme! Lab (http://www.extreme.indiana.edu/)."  Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.  4) The names "Indiana Univeristy" and "Indiana Univeristy Extreme! Lab"must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact http://www.extreme.indiana.edu/.  5) Products derived from this software may not use "Indiana Univeristy"name nor may "Indiana Univeristy" appear in their name, without prior written permission of the Indiana University.

THIS SOFTWARE IS PROVIDED "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 AUTHORS, COPYRIGHT HOLDERS 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.

12.2  Attorneys' Fees.
In the event of litigation between you and Tripwire concerning the Software or this EULA (including arbitration or appeals), the prevailing party in the litigation shall be entitled to recover attorneys' fees and expenses from the losing party.

12.3  Severability.
If any provision of this EULA is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.  Without limiting the generality of the foregoing, EULA agrees that Section 6 will remain in effect notwithstanding the unenforceability of any provision in Section 5.


12.4  Entire Agreement.
This EULA constitutes the entire agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral.  This EULA may be amended only by a written document signed by both parties.  Each party specifically agrees that use of pre-printed or other forms, including, but not limited to email, purchase orders, acknowledgements or invoices, is for convenience only and all terms and conditions stated thereon, except as specifically set forth in this Agreement, are void and of no effect and that any orders related thereto are not conditioned upon acceptance of such terms and conditions.

12.5  Contact Information.
Should you have any questions concerning this EULA, or if you desire to contact Tripwire, Inc. for any reason, please contact us at: Tripwire, Inc., P.O. Box 2727, Portland, OR 97208-2727 USA, www.tripwire.com.


