Devicescape Wireless Operations Center Agreement

The download is 18MB in size, and includes Linux, Windows NT and Windows XP versions.

WOC is designed for SNMP Business Class AP use only - Not for consumer class home AP

DEVICESCAPE SOFTWARE, INC. SOFTWARE LICENSE AGREEMENT PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AND CHECK "I ACCEPT" AND CLICK "CONTINUE" OR "I DO NOT ACCEPT" BEFORE DOWNLOADING, INSTALLING OR USING THE SOFTWARE OR ANY ACCOMPANYING DOCUMENTATION (COLLECTIVELY, THE “SOFTWARE”).  THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) GOVERN USE OF THE SOFTWARE UNLESS YOU AND DEVICESCAPE SOFTWARE, INC. (“COMPANY”) HAVE EXECUTED A SEPARATE AGREEMENT. Company is willing to license the Software to you only upon the condition that you accept all the terms contained in this Agreement. By clicking on the “I accept” button below or by downloading, installing or using the Software, you have indicated that you understand this Agreement and accept all of its terms. If you do not accept all the terms of this Agreement, then Company is unwilling to license the Software to you. 1. Grant of License. Subject to your compliance with the terms and conditions of this Agreement, Company grants you a non-exclusive and non-transferable license to install and use the executable form of the server portion of this Software on a single computer, solely for your internal business purposes. The Company also grants you a non-exclusive and non-transferable license to install and use the executable form of the client portion of this Software on an unlimited number of computers, solely for your internal business purposes. You are granted the right to use the Software with a number of wireless access points, that number being defined in a separate and most recent purchase order which has been accepted by the Company. If no such purchase order has been received and/or accepted by the Company, then you are granted the right to use the Software with at most one access point. You may make a single copy of the Software for backup purposes, provided that you reproduce on it all copyright and other proprietary notices that are on the original copy of the Software. Company reserves all rights in the Software not expressly granted to you in this Agreement. The Software includes on a common distribution medium both Company proprietary software and Open Source Software. The licenses granted in this Section are granted only with respect to the Company proprietary portions of the Programs and not with respect to any Open Source Software. Open Source Software is licensed directly from its copyright holders to you in accordance with the applicable open source license. Notwithstanding anything to the contrary, to the extent that any of the terms and conditions of this Agreement conflict with such an open source license, the conflicting terms and conditions shall not apply to the corresponding Open Source Software. 2. Restrictions. Except as expressly specified in this Agreement, you may not: (a) copy or modify the Software; or, (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party. You acknowledge and agree that portions of the Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Company and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer the Software, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition. 3. Ownership. The Software is licensed, not sold. You own the media on which the Software is recorded, but Company retains ownership of the Software, including all intellectual property rights therein. The Software is protected by United States copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Software as delivered to you. 4. Term. This Agreement remains effective until terminated. You may terminate it at any time by destroying all copies of the Software in your possession or control. This Agreement will automatically terminate without notice if you breach any term of this Agreement. Upon termination, you must promptly destroy all copies of the Software in your possession or control. 5. Limited Warranty. Company warrants that for thirty (30) days following the date of purchase the Software will perform in all material respects in accordance with the Documentation. As your sole and exclusive remedy and Company’s entire liability for any breach of this limited warranty, Company will at its option and expense promptly correct or replace the Software so that it conforms to this limited warranty or, if Company is unable to do so after using its reasonable efforts, then Company will accept return of the nonconforming Software and refund the amount that you paid for such Software. Company does not warrant that the Software will meet your requirements, that the Software will operate in the combinations that you may select for use, that the operation of the Software will be error-free or uninterrupted, or that all Software errors will be corrected. The warranty set forth in this Section 5 does not apply to the extent that Company provides you with the Software (or portions of the Software) for beta, evaluation, testing or demonstration purposes. The foregoing warranties will not apply to defects, failures, damage, or loss resulting from corrections, repairs or service arising from or caused by or otherwise attributable to: (i) your or your customers’ systems or other equipment or their use; (ii) any act or omission by anyone other than Company; (iii) modification of the Software by anyone other than Company; or (iv) Open Source Software. 6. DISCLAIMER. THE LIMITED WARRANTY SET FORTH IN SECTION 5 IS IN LIEU OF AND COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. 7. Limitation of Liability. COMPANY’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO COMPANY BY YOU FOR THE SOFTWARE. IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) OR FOR the cost of procuring substitute products ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 8. Indemnity. Company shall have no obligation to defend or settle any claim, demand, action, proceeding or suit (each a “Claim”) brought by an unaffiliated third party against an you, alleging that Software in the form provided by Company to you infringes any copyright, trademark, or any United States patent held by such third party, or misappropriates the trade secrets of such third party to the extent such Claim (i) is based on a modification of or to Software made other than by Company, where such Claim would not have arisen but for such modification; (ii) is based on the combination or use of a Software by you, contractors, agents, or customers, with any other software, hardware, program or device not provided by Company (including without limitation your products) if such infringement would not have arisen but for such combination or use; (iii) results from the failure of you to use the most current version of any Software provided to you by Company; (iv) results from use of any Software in a manner not authorized by this Agreement or the applicable documentation relating to such Software; or (v) is based on or related to any Open Source Software, where such Claim would not have arisen but for such Open Source Software. 9. Government Users. Any use, duplication, or disclosure of the Software by the U.S. government is subject to restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. Devicescape Software, Inc. 1000 Marina Blvd., Brisbane, CA 94005, USA. 10. Export Law. You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Software nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. 11. General. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflicts of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without Company’s prior written consent, and any attempt by you to do so, without such consent, will be void and of no effect. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. All notices or approvals required or permitted under this Agreement will be in writing and delivered by confirmed facsimile transmission, by overnight delivery service, or by certified mail, and in each instance will be deemed given upon receipt. All notices or approvals will be sent to the addresses set forth in the applicable ordering document or invoice or to such other address as may be specified by either party to the other in accordance with this section. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and Company have executed a separate agreement. Any terms or conditions contained in your purchase order or other ordering document that are inconsistent with or in addition to the terms and conditions of this Agreement are hereby rejected by Company and will be deemed null and of no effect. 12. Contact Information. If you have any questions regarding this Agreement, you may contact Company at Legal/Licensing Contact, +1 (650) 829-2600, legal@devicescape.com. IF YOU AGREE TO THE FOREGOING TERMS AND CONDITIONS AND DESIRE TO DOWNLOAD OR INSTALL AND USE THE SOFTWARE, PLEASE FILL IN THE REQUIRED INFORMATION AND CLICK THE “I ACCEPT” BUTTON BELOW. OTHERWISE, PLEASE CLICK THE “I DO NOT ACCEPT” BUTTON AND THE DOWNLOAD OR INSTALLATION PROCESS WILL STOP.