PLEASE READ THE FOLLOWING LICENSE AGREEMENT CAREFULLY. ANY USE OF SOFTWARE DOWNLOADED OR ORDERE PLEASE READ THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE EITHER (I) COMPLETING THE ELECTRONIC ORDER OR DOWNLOAD OF AdventNet SNMP Utilities ("LICENSED SOFTWARE") FROM AN AUTHORIZED WEB SITE, OR (II) INSTALLING THE LICENSED SOFTWARE DOWNLOADED OR RECEIVED ON MEDIA THAT WAS DELIVERED AFTER BEING ORDERED BY YOU THROUGH AN ALTERNATIVE ORDER PROCESS, AS APPLICABLE. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, HAVE UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, EITHER (I) EXIT THE WEB SITE PAGE WITHOUT CONTINUING THE ORDERING PROCESS, OR (II) DO NOT CONTINUE INSTALLATION OF THE SOFTWARE, OR (III) RETURN THE PROVIDED UNUSED MEDIA AND DOCUMENTATION WITHIN THIRTY (30) DAYS FROM THE DATE OF SHIPMENT OF THE LICENSED SOFTWARE FOR A FULL REFUND OF YOUR PAYMENT, AS APPLICABLE.

1.License Grant:

1.1 Evaluation License: AdventNet grants to you a non-exclusive, non-transferable, Evaluation License for trial and evaluation of the Licensed Software, in binary object code form, for a period of seven (7) days from the date of installation. This License begins upon installing the Licensed Software and ends seven (7) days thereafter ("Evaluation Period").

If you are not willing to use the Licensed Software beyond the Evaluation Period, you agree to remove the software from your computer with immediate effect. You are forbidden from using the Licensed Software for any other use or otherwise offering it for resale under the terms of this Section 1. You agree not to disclose the results of software performance benchmarks to any third party without the express consent of AdventNet.

1.2 Commercial License: Upon payment of License Fee, AdventNet grants you a non-exclusive, non-transferable, world-wide license to Use the Licensed Software, including user documentation that you have downloaded from AdventNet's website or received on media provided by AdventNet, including all updates provided as part of subscription to support, where applicable, provided that such access and Use of the Licensed Software is in accordance with the Single Installation License granted by AdventNet. "Use" means storing, loading, installing, executing or displaying the Licensed Software. "Single Installation License" means that the license key provided to you shall not be used for more than one concurrent use of the Licensed Software.

1.3 Third party products: The Licensed Software may contain software which originated with third party vendors and without limiting the general applicability of the other provisions of this Agreement, you agree that (a) the title to any third party software incorporated in the Licensed Software shall remain with the third party which supplied the same; and (b) you will not distribute any such third party software available with the Licensed Software, other than in accordance with the license terms of such third party software.

2.Restrictions on Use: In addition to all other terms and conditions of this Agreement, you shall not:

(i)install one copy of the Licensed Software for more than one concurrent Use;

(ii)remove any copyright, trademark or other proprietary notices from the Licensed Software or its copies;

(iii)make any copies except for one back-up or archival copy, for temporary emergency purpose;

(iv)rent, lease, license, sub-license or distribute the Licensed Software or any portions of it on a standalone basis or as part of your developed application;

(v)modify or enhance the Licensed Software;

(vi)use the Licensed Software in a computer-based services business or publicly display visual output of the Licensed Software or use the Licensed Software for the benefit of any other person or entity;

(vii)reverse engineer, decompile or disassemble the Licensed Software.

(viii)allow any third parties to access, use or Support the Licensed Software.

3.Maintenance and Support: AdventNet provides Support that includes email support for problem reporting, product updates, and on-line access to product documentation, during the period for which you have subscribed for support. AdventNet specifically excludes upgrades from the support. Upgrades or Major Releases to the Licensed Software will be provided upon payment of an Upgrade License Fee in accordance with AdventNet's then current pricing policy. AdventNet will provide Support only in respect of versions of the Software that, in accordance with AdventNet policy, are then being supported.

4.Ownership and Intellectual Property: AdventNet owns all right, title and interest in and to the Licensed Software. AdventNet expressly reserves all rights not granted to you herein. The Licensed Software is only licensed and not sold to you by AdventNet.

5.Audit: AdventNet has the right to audit your Use of the Licensed Software by providing at least seven (7) days prior written notice of its intention to conduct such an audit at your facilities during normal business hours.

6.Confidentiality: The Licensed Software contains proprietary information of AdventNet that are protected by the laws of the United States and you hereby agree to take all reasonable efforts to maintain the confidentiality of the Licensed Software. You agree to reasonably communicate the terms and conditions of this Agreement to those persons employed by you who come into contact with or access the Licensed Software, and to use reasonable efforts to ensure their compliance with such terms and conditions, including but not limited to, not knowingly permitting such persons to use any portion of the Licensed Software for a purpose that is not allowed under this Agreement.

7.Warranty Disclaimer: Except as provided in this License Agreement and to the extent permitted by applicable law, AdventNet disclaims all warranties. AdventNet does not warrant that the Licensed Software will be error-free. The Licensed Software is furnished "as is" without warranty of any kind, including the warranties of merchantability and fitness for a particular purpose and without warranty as to the performance or results you may obtain by using the Licensed Software. You are solely responsible for determining the appropriateness of using the Licensed Software 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.

8.Limitation of Liability: In no event will AdventNet be liable to you or any third party for any special, incidental, indirect, punitive or exemplary or consequential damages, or damages for loss of business, loss of profits, business interruption, or loss of business information arising out of the use or inability to use the program or for any claim by any other party even if AdventNet has been advised of the possibility of such damages. To the extent permitted by applicable law, AdventNet's entire liability with respect to its obligations under this agreement or otherwise with respect to the Licensed Software shall not exceed the amount of the named License Fee paid by you for the Licensed Software.

9.Termination: This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying or returning to AdventNet all copies of the Licensed Software in your possession. AdventNet may terminate this Agreement for any reason, including but not limited to your breach of any of the terms of this Agreement. Upon termination, you shall destroy or return to AdventNet all copies of the Licensed Software and certify in writing that all know copies have been destroyed. All provisions relating to confidentiality, proprietary rights, non-disclosure, and limitation of liability shall survive the termination of this Agreement.

10.General: This Agreement shall be construed, interpreted and governed by the laws of the State of California exclusive of its conflicts of law provisions. Any dispute arising out of or resulting from this Agreement will be decided by competent courts in Alameda County, California. This Agreement constitutes the entire agreement between the parties, and supersedes all prior communications, understandings or agreements between the parties. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this Agreement is found invalid or unenforceable, the remainder shall be interpreted so as to give reasonable effect to the intention of the parties. You shall not export the Licensed Software or the derived application except in compliance with United States export regulations and applicable laws and regulations.