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key
snmp4j-smi
short_name
SNMP4J-SMI License
name
SNMP4J-SMI License
category
Commercial
owner
SNMP4J
homepage_url
http://www.snmp4j.com/smi/LICENSE.txt
spdx_license_key
LicenseRef-scancode-snmp4j-smi
faq_url
http://www.snmp4j.com/
other_urls
ignorable_urls
license_text
SNMP4J-SMI LICENSE AGREEMENT
============================

THIS LICENSE AGREEMENT (this "Agreement") is  made effective as of the date  the
product is  installed by and between (i) Frank Fock,  the  author  of SNMP4J-SMI
("LICENSOR") and the party executing this Agreement as Licensee ("LICENSEE").


1. DEFINITIONS.

1.1  The  term   "Software Product"  means   Frank  Fock's  SNMP4J-SMI  computer
software (including  Source Code,  derived Object  Code, and  derived Executable
Code  as defined  in Section 1.3,  1.4, and 1.5)  and documentation thereof,  as
specified in Exhibit A,  that is  provided by  LICENSOR to  LICENSEE  hereunder,
including bug fixes and updates   thereto provided by  LICENSOR to  LICENSEE  in
connection with this Agreement. The  term "derived" in the above  context refers
to the process  of creating machine  executable  code from   the original Source
Code only.   It  does  not refer   to amendment  or alteration   of the original
Source Code by LICENSOR or any third party.

1.2  The  term "Intellectual  Property  Rights" means  patent  rights, copyright
rights, trade secret rights, and any other intellectual property rights.

1.3 The  term "Executable  Code" is  a fully  compiled and  linked program  that
contains any code derived from the Software Product. It can no longer be altered
or combined with any  other code. Executable code  is ready to be  executed by a
computer and  is essentially  a complete  software image  for use  in a specific
product.

1.4 The term "Object Code" is the compiled version of the Software Product  that
can be linked and therefore combined with other code to create  Executable  Code
as specified in Exhibit A. Examples of Object Code  are libraries  and  software
development kits, in particular SNMP development kits.

1.5 The term "Source Code" is  the human readable form of the  Software Product,
as specified in Exhibit A.

1.6  Documentation  means  the  documentation  regarding  the  Licensed Software
provided by LICENSOR to LICENSEE hereunder.


2. GRANT OF LICENSE.

2.1 Source and Object Code User License. Subject to the terms and  conditions of
this Agreement, and upon payment by LICENSEE to LICENSOR of the one-time license
fee set forth in Addendum A,  LICENSOR grants  LICENSEE a  perpetual (subject to
termination rights  in Section  6), non-exclusive,  non-transferable license  to
reproduce, and use the Object Code for LICENSEE's personal use only.

2.2 Except as  specified in 2.1,  neither the Software  Product Source Code  nor
Object Code derived  from the Software  Product may be  redistributed or resold.
Executable Code programs derived from the Software Product may be  redistributed
and  resold  without limitation  and   without royalty,  provided  that LICENSEE
added  significant functionality  to those  derived  Excecutable  Code programs.
Functionality in this context refers to the program's behavior, not appearance.

2.3  No Sublicense  Right.  LICENSEE  has no  right to  transfer, or  sublicense
the Licensed Software  to  any third   party, except  as  specified in 2.2   and
except if the third party takes over the business of LICENSEE.

2.4  Other Restrictions  in License  Grants.  LICENSEE  may not:  (i) copy   the
Licensed  Software,  except  as  necessary  to  use  the  Licensed  Software  in
accordance   with   the  license   granted  under  Section   2.1  and 2.2,   and
except for a reasonable number of backup copies. (ii) LICENSEE acknowledges that
Licensed  Software  is  not  designed  or  intended  for  use  in  the   design,
construction, operation or maintenance of any nuclear facility.

2.5 No Trademark License. LICENSEE has no right or license to use any  trademark
of LICENSOR during or after the term of this Agreement.

2.6 Proprietary Notices.  The Licensed Software is copyrighted.  All proprietary
notices  incorporated in,  marked on,  or affixed  to the  Licensed Software  by
LICENSOR shall be duplicated by LICENSEE on all copies, in whole or in part,  in
any form of the Licensed Software and not be altered, removed, or obliterated on
such copies.

2.7  Reservation.  LICENSOR reserve  all  rights and  licenses  to the  Licensed
Software not expressly granted to LICENSEE under this Agreement.

2.8 Delivery.  Upon execution of this Agreement, and payment of the amounts  due
and owing under this Agreement, LICENSOR will provide LICENSEE with one (1) copy
of the Software Product by downloading from LICENSOR's Web site.



3. WARRANTY.

3.1. LICENSOR warrants to  LICENSEE that for a  period of one year from the date
of purchase,  as  evidenced  by a   copy of  the   receipt,  the media  on which
Software   is furnished  (if any)  will be  free of  defects  in  materials  and
workmanship   under   normal   use.   Except  for  the   foregoing,  Software is
provided  "AS IS".  LICENSEE exclusive  remedy and LICENSOR's entire   liability
under this limited  warranty will  be at LICENSOR's option to  replace  Software
media or  refund the  fee paid  for  Software.   Any implied   warranties on the
Software are  limited to one year  after receipt of  the  software according  to
§434 ff Buergerliches Gesetzbuch (BGB).

3.2.  In  no  event  shall  LICENSOR  be liable   to LICENSEE, in excess  of the
price  paid to LICENSOR by LICENSEE for  the Software Product hereunder, for any
breach of warranty or any claim, loss or damage arising  from or relating to the
installation, use or  performance of the  Software Product  (including,  without
limitation, any indirect, special, incidental or consequential damages).

3.3 The above section (3.2) does  not apply for liability for damages  caused by
gross negligence  or  wilful  default  as  well as for  liability  for  personal
injury including threats to life or physical condition.

3.4. LICENSOR reserves  the right at  any time to  make changes to  the Software
Product.

3.5.  DISCLAIMER OF  WARRANTY. UNLESS SPECIFIED  IN THIS AGREEMENT,  ALL EXPRESS
OR IMPLIED CONDITIONS, REPRESENTATIONS  AND WARRANTIES, INCLUDING ANY    IMPLIED
WARRANTY  OF  MERCHANTABILITY,   FITNESS  FOR  A   PARTICULAR  PURPOSE  OR   NON
-INFRINGEMENT ARE DISCLAIMED,  EXCEPT TO THE  EXTENT THAT THESE  DISCLAIMERS ARE
HELD TO BE LEGALLY INVALID.

3.6 In no event will LICENSOR be liable for any third-party products used  with,
or  installed  in,   the  Software Product.   LICENSOR   does  not  warrant  the
compatibility of  the Software  Product with  any third-party  products, whether
hardware or software.

3.7 General Provision. This warranty shall not apply in any case of amendment or
alterations of the Software Product made by LICENSEE.



4. INTELLECTUAL AND PROPERTY INDEMNIFICATION.

4.1. LICENSOR  agrees to  indemnify and  hold LICENSEE  harmless from  any final
award of costs and damages against LICENSEE for any action based on infringement
of  any German  intellectual property  rights as  a result  of  the  use of  the
Licensed Software:  (i) under the  terms and  conditions specified  herein; (ii)
under normal   use; and  (iii) not  in  combination  with other  items; provided
that  LICENSOR is  promptly notified in   writing of  any  such  suit or   claim
against   LICENSEE  and   further provided  that  LICENSEE  permits LICENSOR  to
defend,  compromise or  settle the  same and   gives  LICENSOR   all   available
information,  reasonable  assistance    and authority to  enable LICENSOR to  do
so. LICENSOR'S LIABILITY TO LICENSEE PURSUANT TO THIS ARTICLE IS LIMITED TO  THE
TOTAL FEES PAID BY LICENSEE TO LICENSOR IN THE CALENDAR YEAR IN WHICH ANY  FINAL
AWARD OF COSTS AND DAMAGES IS DUE AND OWING.


5. TRADE SECRETS AND PROPRIETARY INFORMATION.

5.1. LICENSEE acknowledges that LICENSOR  is the owner of the  Software Product,
that  the  Software Product  is confidential  in nature  and not  in the  public
domain, that  LICENSOR claims all intellectual  and industrial property   rights
granted by  law therein and that, except as set forth herein, LICENSOR does  not
hereby grant any  rights or ownership  of the  Software Product to  LICENSEE  or
any third  party.  Except  as set forth herein,  LICENSEE agrees not to  copy or
otherwise  reproduce  the  Software  Product,  in  whole  or  in   part, without
LICENSOR's   prior  written  consent.    LICENSEE  further  agrees  to  take all
reasonable steps to ensure that no unauthorized persons shall have access to the
Software Product and that all authorized persons having access to  the  Software
Product   shall   refrain   from    any   such   disclosure,   duplication    or
reproduction except  to the  extent reasonably  required in  the performance  of
LICENSEE'S rights under this Agreement.

5.2. LICENSEE agrees  to accord the  Software Product and  the Documentation and
all  other confidential information relating  to this Agreement the same  degree
and  methods  of  protection  as  LICENSEE   undertakes   with  respect  to  its
confidential information, trade secrets and other proprietary data.

5.3. LICENSEE agrees not to challenge, directly or indirectly, the right,  title
and   interest  of   LICENSOR  in   and  to   the  Software  Product,  nor   the
validity  or enforceability of LICENSOR's rights under applicable law.  LICENSEE
agrees  not to  directly  or  indirectly, register,  apply  for  registration or
attempt  to   acquire any  legal  protection for  the  Software Product  or  any
proprietary rights   therein or  to take  any other  action  which may adversely
affect LICENSOR's right,  title or interest in or to the Software Product in any
jurisdiction.

5.4. LICENSEE acknowledges  that, in the  event of a material breach by LICENSEE
of  its  obligations   under   this   Article  5,   LICENSOR   may   immediately
terminate  this Agreement,  without  liability to   LICENSEE and  may  bring  an
appropriate   legal action  to enjoin  any such  breach  hereof,  and  shall  be
entitled  to   recover from  LICENSEE   reasonable  legal  fees   and  costs  in
addition  to other  appropriate relief.

5.5.  LICENSEE agrees  to notify  LICENSOR immediately  and in  writing of   all
circumstances surrounding  the unauthorized  possession or  use of  the Software
Product and Documentation by any person or entity.  LICENSEE agrees to cooperate
fully  with LICENSOR  in  any  litigation  relating to  or  arising  from   such
unauthorized possession or use.


6. TERMINATION.

6.1. LICENSOR may terminate this Agreement  at any time after the occurrence  of
any of the following events if LICENSOR provides 30 days notice of its intention
to terminate  as a  result of  the occurrence  and LICENSEE  fails to  cure such
occurrence within such 30 days:

(a)  LICENSEE is  declared or  acknowledges that  it is  insolvent or  otherwise
unable to pay its debts as they become due or upon the filing of any  proceeding
(whether voluntary  or involuntary)  for bankruptcy,  insolvency or  relief from
creditors of LICENSEE;

(b)  LICENSEE  assigns or  transfers  this Agreement  or  any of  its  rights to
obligations hereunder, without LICENSOR's  prior written consent;  or

(c) LICENSEE  violates  any  material provision   of this  Agreement,  including
without limitation,  the payment obligations set forth in Addendum A.

6.2. LICENSEE may terminate this Agreement  at any time after the occurrence  of
any of the following events if LICENSEE provides 30 days notice of its intention
to terminate  as a  result of  the occurrence  and LICENSOR  fails to  cure such
occurrence within such 30 days:

(a)  LICENSOR is  declared or  acknowledges that  it is  insolvent or  otherwise
unable   to pay  its debts   as they  become due   or upon  the filing   of any
proceeding (whether  voluntary or   involuntary) for  bankruptcy, insolvency  or
relief  from creditors or  LICENSOR; or

(b)  LICENSOR violates any material provision of this Agreement.

6.3.  Upon the  termination of  this Agreement  for any  reason, LICENSEE   will
discontinue all  use of  the Software  Product and,  within ten  (10) days after
termination, will  destroy or  delete all  copies of  the Software Product  then
in  its possession, including but not limited to, any back-up or archival copies
of the Software Product  and Documentation.   At  LICENSOR's   request, LICENSEE
will  verify  in writing  to LICENSOR that such actions have been taken.

6.4. No termination of this Agreement for any reason whatsoever shall in any way
affect the continuing obligations of the parties under Articles 5 hereof.


7. APPLICABLE LAW

This  LICENSE shall  be deemed  to have  been made  in, and  shall be  construed
pursuant  to,  the laws  of  Germany, without  reference  to conflicts  of  laws
principles. All controversies  and disputes arising  out of or  relating to this
Agreement  shall be  submitted to  the exclusive  jurisdiction of  Esslingen  am
Neckar,  Germany, as long as LICENSEE is deemed to be a merchant (as  defined by
Handelsgesetzbuch,  §1-7).  The   United   Nations   Convention   on   Contracts
for the International Sale of Goods is specifically disclaimed.



8. GENERAL PROVISIONS.

8.1.  This  Agreement   does  not  create   any  relationship  of   association,
partnership, joint venture or agency between the parties.

8.2.  This  Agreement  (including  the  Exhibit and  Addendum  attached  to  the
Agreement)  sets forth  the entire   agreement and  understandings  between  the
parties  hereto with respect  to  the subject  matter  hereof.  This   Agreement
merges  all   previous  discussions and  negotiations  between  the parties  and
supersedes and replaces  any and every  other agreement, which  may have existed
between LICENSOR and LICENSEE with respect to the contents hereof.

8.3. Except to  the extent and  in the manner  specified in this  Agreement, any
modification or amendment of any provision of this Agreement must be in  writing
and bear the signature of the duly authorized representative of each party.

8.4. The failure  of either party  to exercise any  right granted herein,  or to
require the  performance by  the other  party hereto  of any  provision if  this
Agreement, or the waiver by either party of any breach of this Agreement,  shall
not prevent a subsequent exercise or enforcement of such provisions or be deemed
a waiver of  any subsequent breach  of the same  or any other  provision of this
Agreement.

8.5. Except in the case of merger, acquisition or the sale of substantial assets
or equity  of Licensee  or assignment  to any  direct or  indirect subsidiary or
affiliate of LICENSEE, LICENSEE shall not  sell, assign or transfer  any of  its
rights,  duties or obligations hereunder without  the prior written  consent  of
LICENSOR.  LICENSOR reserves the right to  assign or transfer this  Agreement or
any of   its rights,  duties  and   obligations hereunder,   to  any  direct  or
indirect subsidiary  or affiliate of LICENSOR.

8.6.  All notices required by this  Agreement must be sent by certified  mail in
order to be deemed effective when sent to the following:

FOR LICENSOR:

Frank Fock
Maximilian-Kolbe-Str. 10
73257 Koengen, Germany


EXHIBIT A

Licensed Software

SNMP4J-SMI v1.x

a. Object Code (Application Programmers Interface) and sample Source Code
   (Java SE 6 or later).

ADDENDUM A

In order  to  obtain  a license to use SNMP4J-SMI under  this license agreement,
LICENSEE has  to purchase a commercial license from LICENSOR. The actual pricing
list  and other  related  information can  be found at http://www.agentpp.com or
http://www.snmp4j.org.

For evaluation purposes and open source use, a fee free license is granted which
restricts  the usage  of MIB specification with the Software Product to standard
MIB modules which are not registered under the enterprise OID (1.3.6.1.4).