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PREAMBLE: The Security Administrator's Integrated Network Tool (SAINT) is a
derived work of SATAN
and includes many enhancements to the original work.
Under the terms of this software license the SAINT unique software (SAINT-US)
is distributed in source code form, designed to operate on many UNIX
platforms. The SAINT-US is the product of World Wide Digital Solutions Inc.
(WWDSI) and is being made available to you under the terms and conditions of
this software license agreement (the "License Agreement" or the "License").
The non-modified SATAN software is controlled by copyrights of the SATAN
developers.
1. LICENSE GRANT
a. WWDSI hereby grants to you, and you accept, a non-exclusive,
non-transferable license to use the SAINT-US and the accompanying User
Documentation only as authorized in this License Agreement (collectively,
the "SAINT-US and Documentation").
b. The License permits you to use, copy and modify the SAINT-US solely for
the internal, non-commercial use of your organization. The SAINT-US, if
modified, must carry prominent notices stating that changes have been made
and the dates of any such changes. You agree that you will not assign,
sublicense, transfer, pledge, lease, rent or share your rights under the
License.
c. All rights not expressly granted herein are reserved to WWDSI except for
the original SATAN work.
2. LIMITATIONS ON THE LICENSE
a.You may only use, copy and modify the SAINT-US Software as expressly
provided for in this Agreement. You must reproduce and include this
Agreement and WWDSI copyright notices on any copy and its associated
documentation.
b.You may not publish, re-publish, print, re-print or otherwise redistribute
the SAINT-US, in any form, without written permission from WWDSI. This
restriction is enforced to ensure that WWDSI is the sole source of SAINT-US
on the Internet and that published versions and bug fixes are kept current.
c.The use of the SAINT-US is limited to your internal, non-commercial use
only. The use, compilation, installation, modification, maintenance or
operation must be performed by employees of your organization. If you
require assistance from outside your organization, the SAINT-US and source
code are considered "commercial" and not eligible under this license
agreement. Neither the SAINT-US in its entirety, nor any part or element of
the SAINT-US, is being licensed to you for use with, or in, any hardware,
firmware, software program or other product (i) which is sold; (ii) for
which you receive any revenue; or (iii) which is provided by you (even for
free) in conjunction with any commercial activity.
3. NO WWDSI OBLIGATION
You are solely responsible for maintaining the SAINT-US and the security of
the operating environment in which the SAINT-US may be used. You are solely
responsible for all of your costs and expenses incurred in connection with
your use of the SAINT-US or any application program thereunder, and WWDSI
shall have no liability, obligation or responsibility therefor. WWDSI shall
have no obligation to provide you maintenance, support, upgrades or new
releases.
4. NO WARRANTY OF PERFORMANCE
THE SAINT-US IS LICENSED "AS IS" WITHOUT WARRANTY, EXPRESS OR IMPLIED, AS TO
ITS PERFORMANCE, OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SAINT-US IS
ASSUMED BY YOU. SHOULD THE SAINT-US PROVE DEFECTIVE, YOU ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF SAID DEFECT AND ANY
CONSEQUENCES OF SUCH DEFECT. WWDSI DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SAINT-US SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE
OPERATION OF THE SAINT-US WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE
RISK REGARDING THE QUALITY AND PERFORMANCE OF THE SAINT-US IS WITH YOU.
Some jurisdictions do not allow the exclusion of implied warranties, so the
above exclusion may not apply to you. This limited warranty gives you
specific legal rights, and you may also have other rights which vary from
one jurisdiction to another.
5. LIMITATION OF LIABILITY
Neither WWDSI nor any other person who has been involved in the creation,
production or delivery of the SAINT-US shall be liable to you or to any
other person for any direct, indirect, special, incidental, consequential,
special or exemplary damages or lost profits, even if WWDSI has been advised
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 OR EXCLUSION MAY NOT APPLY TO YOU.
6. TERM
This License is effective upon your affirming your concurrence to the terms
and conditions herein by clicking on the "I Accept" button, or similar
manifestation of your assent, on the web site and downloading the SAINT-US
and shall continue until terminated. The grant of the License shall
automatically terminate without notice if you breach any of the provisions
hereof. You may terminate the grant of the license at any time by destroying
all portions of the SAINT-US.
7. TRADEMARK
SAINT is a registered trademark of Licensor. No right, license, or interest
to such trademark is granted hereunder, and you agree that no such right,
license or interest shall be asserted by you with respect to such trademark.
8. EXPORT
You agree that you will not knowingly export or transmit the SAINT-US,
directly or indirectly, to any restricted countries or in any manner that
would violate United States laws and regulations as shall time to time
govern the license and delivery of technology abroad by persons subject to
the jurisdiction of the United States, including the Export Administration
Act of 1979, as amended, and any export administration regulations issued
thereafter.
9.U.S. GOVERNMENT AGENCIES
If you are the Department of Defense ("DoD"), the SAINT-US shall be supplied
as "Commercial Computer Software" under paragraph 252.227-7014 of the DoD
Supplement to the Federal Acquisition Regulations ("DFARS") (or any
successor regulations) and the Government shall acquire only the license
rights granted herein (the license rights customarily provided to
non-Government users). If SAINT-US or source code is supplied to any unit or
agency of the Government other than DoD, it shall be supplied as "Restricted
Computer Software" and the Government's rights in the SAINT-US are defined
in paragraph 52.227-19 of the Federal Acquisition Regulations ("FAR") (or
any successor regulations) or, in the case of NASA, in paragraph
18.52.227-86 of the NASA Supplement to the FAR (or any successor
regulations). You shall take all actions reasonably necessary to protect
WWDSI's rights and interest in the SAINT-US in accordance with such
regulations and successor regulations including, but not limited to, the
placement of appropriate legends on the SAINT-US.
10. GOVERNING LAW
This License Agreement shall be construed and governed in accordance with
the laws of the State of Maryland.
11. COSTS OF LITIGATION
If any action is brought by either party to this License Agreement against
the other party regarding the subject matter hereof, the prevailing party
shall be entitled to recover, in addition to any other relief granted,
reasonable attorneys' fees and expenses of litigation.
12. SEVERABILITY
Should any term of this License Agreement be declared void or unenforceable
by any court of competent jurisdiction, such declaration shall have no
effect on the remaining terms hereof.
13. NO WAIVER
The failure of either party to enforce any rights granted hereunder or to
take action against the other party in the event of any breach hereunder
shall not be deemed a waiver by that party as to subsequent enforcement of
rights or subsequent actions in the event of future breaches.
14. CORRESPONDENCE
Address all other correspondence regarding this license to
carsonrs@bethsda.carsoninc.com, or to:
World Wide Digital Security, Inc.
11260 Roger Bacon Dr.
Suite 400
Reston, VA 20190
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