BKTraceRoute 3.0.0

LICENSE AGREEMENT

PLEASE READ THIS AGREEMENT BEFORE OPENING THIS SOFTWARE PACKAGE. IF YOU OPEN

THIS PACKAGE OR KEEP IT FOR MORE THAN THIRTY (30) DAYS, YOU ACCEPT ALL THE TERMS

AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND

CONDITIONS, DO NOT OPEN THIS SOFTWARE PACKAGE. YOU MAY ONLY UNLOCK AND/OR USE

THE SOFTWARE FOR WHICH YOU HAVE A PAID-UP LICENSE OR FOR WHICH YOU HAVE LEGALLY

LICENSE AGREEMENT

PLEASE READ THIS AGREEMENT BEFORE OPENING THIS SOFTWARE PACKAGE. IF YOU OPEN

THIS PACKAGE OR KEEP IT FOR MORE THAN THIRTY (30) DAYS, YOU ACCEPT ALL THE TERMS

AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND

CONDITIONS, DO NOT OPEN THIS SOFTWARE PACKAGE. YOU MAY ONLY UNLOCK AND/OR USE

THE SOFTWARE FOR WHICH YOU HAVE A PAID-UP LICENSE OR FOR WHICH YOU HAVE LEGALLY

RECEIVED AN ACTIVATION CODE.

(1) DEFINITION OF TERMS

"Documentation": any explanatory written or on-line material including, but not limited to, user

guides, reference manuals and HTML files.

"Licensee": shall refer to the individual licensee, whether as an individual programmer, company,

or other organisation.

"Software": All material in this distribution including, but not limited to, one or more of the

following: source code, object code, byte code, dynamic-link libraries, assemblies, executables,

scripts, sample programs, utility programs, makefiles and Documentation.

"Licensed Software": the Software for which Licensee has paid the applicable license fee and

received an authorised activation code.

"Software Application Programming Interface ("API")": the set of access methods, whether

provided by Bill Koukoutsis, third parties, or developed by Licensee, through which the

programmatic services provided by the Licensed Software are made available.

"End-User Software Product": an application developed by Licensee intended for execution on a

computer, that makes use of the Licensed Software in its implementation.

The Licensed Software contains certain runtime libraries and files intended for duplication and

distribution by Licensee within End User Software Products to the user(s) of the End User

Software Product(s) (the “Redistributable Components”). The Redistributable Components are

those files specifically designated as being distributable as part of the Licensed Software.

SPECIAL LIMITED TERM EVALUATION LICENSE

If Licensee has been provided with a copy of the Software for evaluation purposes, Bill

Koukoutsis grants to Licensee, subject to the terms of this Single User License Agreement

(excluding Section 3, under which Licensee has no rights) a non-exclusive, non-transferable,

non-concurrent limited internal use license for evaluation purposes only. This license is for a

period of thirty (30) days, commencing upon receipt of the Software, or, if received

electronically, from Licensee’s initial downloading date, to evaluate the Software. If the Software

is acceptable, Licensee agrees to promptly notify Bill Koukoutsis. Otherwise, Licensee shall

immediately cease any further use of the Software and destroy all copies of the Software

(including the original) and related Documentation provided to Licensee by Bill Koukoutsis.

(2) GENERAL

The Software is owned by Bill Koukoutsis and is protected by Australian copyright laws and

other laws and by international treaties. It is intended for use by a software programmer who

has experience using development tools and class libraries.

(3) LICENSE GRANTS

(a) Subject to the terms and conditions of this Agreement, Bill Koukoutsis grants to Licensee the

perpetual, non-exclusive, non-transferable, non-concurrent, world-wide license for one (1)

programmer to (i) install the Licensed Software on a single personal computer and (ii) use the

Licensed Software and one copy of the associated user documentation and online help.

Licensee may also:

(i) Make one backup copy of the Licensed Software solely for archival and disaster-recovery

purposes, or

(ii) Transfer the Licensed Software to a hard disk and keep the original copy solely for archival

and disaster-recovery purposes.

(iii) Reproduce and distribute the Redistributable Components directly or indirectly to end users

and Licensee's Authorised OEMs, VARs and Distributors, through customary distribution channels,

world wide, on a royalty free basis provided that such distribution is (i) in conjunction with an

End User Software Product developed by Licensee using the Licensed Software and (ii) the

Licensed Software is not the sole or primary component of such End User Software Product.

(iv) The license rights granted under this Agreement do not apply to development and

distribution of software development products or toolkits of any kind that are destined to be

used by software developers other than Licensee(s) that are Authorised.

Licensee has no rights to use the Licensed Software beyond those specifically granted in this

section.

(4) LICENSE RESTRICTIONS

Notwithstanding any provisions in this Agreement to the contrary, Licensee may not distribute

any portion of the Software other than the Redistributable Components.

In addition, Licensee may not decompile, disassemble, or reverse engineer any object code

form of any portion of the Software.

(5) TITLE

Licensee acknowledges and agrees that all right, title and interest in and to the Software,

including all intellectual property rights therein, are the property of Bill Koukoutsis, subject only

to the licenses granted to Licensee under this Agreement. This Agreement is not a sale and does

not transfer to the Licensee any title or ownership in or to the Software or any patent, copyright,

trade secret, trade name, trademark or other proprietary or intellectual property rights related

thereto.

(6) NON-TRANSFERABILITY

Except for Licensee’s rights to distribute the Redistributable Components, Licensee may not rent,

transfer, assign, sublicense or grant any rights in the Software, in full or in part, to any other

person or entity without Bill Koukoutsis’ written consent, except that this agreement may be

assigned to a successor of Licensee in the case that all or substantially all of the assets or equity

of Licensee are acquired by the successor.

(7) LIMITED WARRANTIES

Bill Koukoutsis warrants to Licensee that the Licensed Software will substantially perform the

functions described in the Documentation for a period of thirty (30) days after the date of

delivery of the Licensed Software to Licensee. Bill Koukoutsis’ sole and exclusive obligation, and

Licensee’s sole and exclusive remedy, under this warranty is limited to Bill Koukoutsis’ using

reasonable efforts to correct material, documented, reproducible defects in the Licensed

Software that Licensee describes and documents to Bill Koukoutsis during the thirty (30) day

warranty period. In the event that Bill Koukoutsis fails to correct a material, documented,

reproducible defect during this period, Bill Koukoutsis may, at Bill Koukoutsis' discretion, replace

the defective Licensed Software or refund to Licensee the amount that Licensee paid Bill

Koukoutsis for the defective Licensed Software and cancel this Agreement and the licenses

granted herein. In such event, Licensee agrees to return to Bill Koukoutsis all copies of the

Licensed Software (including the original).

Bill Koukoutsis warrants that he owns the intellectual property contained in the Licensed

Software and that the Licensed Software does not infringe any intellectual property or

proprietary rights of any third party.

Bill Koukoutsis agrees to indemnify, defend and hold Licensee harmless from and against any

claims or lawsuits, including reasonable attorney's fees, which arise or result from the Licensed

Software’s infringing the intellectual property or proprietary rights of a third party. The

indemnity explicitly excludes infringements caused by the combination of the Licensed Software

and any End User Software Products created, sold, or marketed by Licensee.

EXCEPT AS EXPRESSLY SET FORTH ABOVE, BILL KOUKOUTSIS EXPRESSLY DISCLAIMS ALL

OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

(8) LIMITATION OF LIABILITY

IN NO EVENT SHALL BILL KOUKOUTSIS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL,

INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, REVENUES, DATA

OR OTHER ECONOMIC ADVANTAGE) WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER

LEGAL THEORY, EVEN IF BILL KOUKOUTSIS WAS ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES.

(9) TERMINATION

Bill Koukoutsis reserves the right, at his sole discretion, to terminate this Agreement upon

written notice if Licensee has breached the terms and conditions hereof. Licensee to be provided

written notification of breach and reasonable time to cure breach. Licensee may terminate this

Agreement at any time by ceasing to use the Licensed Software and by destroying all copies of

the Licensed Software (including the original). Sections 4, 5, 6, 7, 8, 9 and 10 survive any

termination of this Agreement and apply fully to any termination. Unless terminated as provided

herein by either party, this Agreement shall remain in effect. Termination will not affect end

user licenses of the End User Software Product which contain the Redistributable Components

which were distributed by Licensee prior to termination.

(10) MISCELLANEOUS

Applicable Law and Jurisdiction. This Agreement will be governed by and construed in

accordance with the laws of the State of New South Wales without regard to conflict of laws

principles and without regard to the 1980 U.N. Convention on Contracts for the International

Sale of Goods. The federal and state courts of New South Wales shall have exclusive jurisdiction

and venue to adjudicate any dispute arising out of this Agreement, and Licensee expressly

consents to (i) the personal jurisdiction of the state and federal courts of New South Wales, and

(ii) service of process being effected upon Licensee by registered mail.

Limitation of Actions. No action, regardless of form, may be brought by either party more than

twelve (12) months after the cause of action has arisen, except that either party may bring an

action relating to its intellectual property rights at any time. No such claim may be brought

unless Bill Koukoutsis has first been given commercially reasonable notice, a full written

explanation of all pertinent details (including copies of all materials), and a good faith

opportunity to resolve the matter.

Invalidity and Waiver. Should any provision of this Agreement be held by a court of law to be

illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining

provisions of this Agreement will not be affected or impaired thereby. The failure of any party to

enforce any of the terms or conditions of this Agreement, unless waived in writing, will not

constitute a waiver of that party’s right to enforce each and every term and condition of this

Agreement.

LICENSEE ACKNOWLEDGES THAT HE OR SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT

AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. LICENSEE FURTHER AGREES

THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN

LICENSEE AND BILL KOUKOUTSIS WHICH SUPERSEDES ANY PROPOSAL OR PRIOR OR

CONTEMPORANEOUS AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS

RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT