Download EULA - Lumension

END USER LICENSE AGREEMENT (“LICENSE” OR “EULA”)
COVERING
LUMENSION® APPLICATION INSPECTOR
THIS SOFTWARE PRODUCT IS PROVIDED “AS-IS” AND
WITHOUT WARRANTY; IMPORTANT – READ
CAREFULLY.
Note: This EULA applies to all purchase orders and agreements executed between Lumension
Security and its resellers, distributors, end users, customers and/or any party that uses, sells,
distributes Lumension® Application Inspector software utility (including its derivative and
successor products) and related Documentation and Services (collectively, the “Software”).
Unless explicitly stated otherwise, any new features that augment or enhance the Software, including the
release of new versions of the Software, are subject to this EULA unless Lumension expressly agrees
otherwise in writing.
This License is a legal agreement between You and Lumension for the Software referenced above. If
You do not agree to the terms of this License, promptly return the unused Software to the place from
which You obtained it. Except as may be expressly modified by a separate signed license agreement,
Your rights and obligations with respect to the Use of the Software are as follows:
1.
DEFINITIONS

"Client Software" means a software product that runs on a Node.

“Cloud Service” means the secure hosted location, controlled by Lumension, which stores the
master hash library repository.

"Documentation" means all end user written materials relating to the operation, use and
installation of the Software (or updates thereto) including, but not limited to, user manuals,
release notes, program specifications, and online help files regarding use of the Software.

"Error" means a deviation between the Software and the Documentation that causes the
Software to fail to conform with the stated functionality.

"Maintenance" means: (i) Product updates, upgrades, Error fixes and other enhancements
that Lumension from time to time may make available to its end users; and (ii) Standard
Support for certain Lumension Products (not the Software) provided by Lumension during
normal support hours.

"Node" means an individual computer, workstation, terminal, server or other system on Your
computer network. Nodes can be computers or various other network appliances, such as
routers, switches, and hubs.

"Product" means, for the purposes of this EULA only, the Software. The Product consists of
Client Software components and Server Software components, the functions of which are
described more fully in the Documentation. The term Product, as used in this License, does
not mean Third Party Patch Content.

"Server" means a physical or virtual computer system that provides services to Nodes.
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2.

"Server Software" means a software product that provides services to each licensed Node
based on information received from the Client Software.

"Third Party Patch Content" means the third party software content, including updates, drivers
and other patches, that Lumension consolidates, organizes and makes accessible to You
through Your Use of the Software.

"Use" means the loading, utilization, storage or display of the Product by You or one of Your
authorized users.
LICENSES AND RESTRICTIONS
2.1 License Grant
Lumension hereby grants to You, free of charge to You, a non-exclusive, royalty-free License to the
Software, without right of sublicense (except as set forth in Section 8.1 below), that permits You to install
and Use the object code version of the Software, for Your internal business purposes relating to analysis
of Your software and computer systems, for the duration of the Subscription Term. You may Use, solely
with the Software, any third party products or modules supplied by Lumension for use with the Software.
Your license is also subject to the Product Use Rights associated with the Software (see Attachment 1
hereto). This license is non-transferable except as set forth below.
2.2 Subscription Term
Your “Subscription Term” for the Software shall be for one (1) month from the date You first install the
Software. The Subscription Term will automatically renew thereafter on a month-to-month basis unless
either (a) You notify Lumension in writing of non-renewal, (b) Lumension notifies you via email of nonrenewal, or (c) Lumension commences charging its customers for the Software as set forth on its website
www.lumension.com, in either case at least fifteen (15) days prior to the end of the Subscription Term, in
any of which events Your Subscription shall expire at the end of the current Subscription Term.
Notwithstanding any provision in this EULA to the contrary, Your Subscription Term automatically shall
terminate in the event Your license terminates pursuant to the terms of this EULA.
2.3 Service Provider Use of the Product
You may not Use the Software to provide patch or security management (including device and application
control) or processing services to third parties, or otherwise on a "service bureau" basis, except to the
extent Lumension has expressly agreed via a written service provider license for the Software.
2.4 Limitations
You shall not Use, copy, modify, display, rent, lease, loan, transfer, distribute, download, merge, make
any translation or derivative work or otherwise deal with the Software, except as expressly provided in
this License. You acknowledge that the Software contains trade secrets and other proprietary information
of Lumension. You may not decompile, disassemble or otherwise reverse engineer the Software, or
engage in any other activities to obtain underlying information that is not visible to the user in connection
with normal use of the Software. In particular You agree not to transmit the Software or display the
Software's object code on any computer screen for any purposes or to make any memory dumps of the
Software's object code. You shall not cause or permit the disassembly, reverse compilation or other
decoding of the Software, or otherwise attempt to obtain, derive or modify the source code or architecture
of the Software. If, notwithstanding the foregoing, applicable law grants You the right to decompile the
Software to the extent necessary to obtain information to achieve interoperability with an independently
created computer program, You may exercise such right if Lumension shall fail, upon Your prior written
request, to provide the relevant interoperability information within a reasonable amount of time. Any such
decompilation or disassembly is subject to Lumension’s existing intellectual property rights (including,
without limitation, Lumension’s copyrights). You agree to notify Lumension in writing of any such
decompilation or disassembly within ten (10) business days of such decompilation or disassembly. You
agree to cooperate with requests by Lumension to verify that any decompilation or disassembly made by
You was absolutely necessary and for a legitimate purpose.
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2.5 Performance and Usage Information
The Software is configured to automatically report back information (including without limitation
anonymized computer environment information, installed software information, executable file
information, and information about Your Software configuration settings) arising in connection with use of
the Software, without notice to you. This data is sent to us to help diagnose performance issues with, and
improve, the Software as well as to enhance Your Use of the Software. The Software may also report
back anonymous information about Your Use of its features, which is used for legitimate business
purposes including to determine which Software features are most popular and useful to its users and
demographics about your location (State or Country), operating system versions used, etc.
All such information reported back by the Software shall be anonymous to ensure that your identity and/or
ownership of Software cannot be determined by analysis of the data stored by the Cloud Service.
3.
DELIVERY AND SUPPORT
3.1 Delivery; Support
In order to Use the Software, You must obtain from Lumension, by providing Lumension with information
required by it, the password and information necessary in order to download the Software from
Lumension's website. Lumension may at its sole option provide You with Maintenance and/or Support for
the Software.
3.2 End User Responsibilities
You will be responsible for ensuring: (i) that the Product is Used with an operating system and computing
environment consistent with current specifications set forth in the Documentation; (ii) that the Product is
properly installed and configured; (iii) the proper installation of any integrating programs as well as all
data communication links; (iv) the establishment of adequate back-up and disaster recovery plans; and
(v) the establishment and maintenance of physical and network security systems.
Furthermore, Lumension is not responsible for, and You are solely responsible for, any amounts You may
be charged, whether by your mobile communications carrier or any other third party, for data or phone
use or transfer as a result of Your Use of the Software or for any overruns You may experience with
regard to Your phone or data plan with such carrier or other third party.
4.
PAYMENTS AND TAXES
4.1 Fees; Suspension of Access for Nonpayment
Lumension reserves the right to suspend Your access to Lumension’s Product or services hosted on
Lumension servers while any fee you owe to Lumension under any license or agreement is past due and
remains unpaid; however, Lumension agrees that it will not exercise this access suspension remedy
unless Lumension has previously provided You with three (3) e-mail past due notices over a thirty (30)
day period following the payment due date. Lumension will not be liable to You or any third parties due to
exercise of this right while Your payment remains past due.
4.2 Taxes
You shall pay all personal property, sales, use, value-added, withholding and similar taxes (other than
taxes on Lumension's net income) arising from the transactions described in this License.
5.
INTELLECTUAL PROPERTY RIGHTS
Lumension represents that the Product, including methods, processes or techniques utilized therein, is
owned by, proprietary to and constitutes valuable a trade secret of Lumension and its licensors, and is
protected by United States copyright law, foreign laws, and international treaties. You agree to take no
actions that impair or infringe Lumension's intellectual property rights in the Product. You agree not to
remove, efface or obscure any copyright notices, other proprietary markings or confidentiality legends
placed upon or contained within the Product. In addition, You agree that Lumension owns all right, title
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and interest in and to any enhancements or improvements to the Product developed independently by
Lumension or in concert with other parties, whether prior to or after the date of this EULA. For purposes
of this EULA, intellectual property rights include all patents, copyrights, trade secrets, trade dress,
trademarks, know-how and show-how whether or not legal protection has been sought or granted.
6.
DISCLAIMER OF WARRANTIES, LIABILITY LIMITATIONS
6.1 Disclaimer of Warranties, Representations and Conditions
You expressly understand and agree that:
(a) YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS
PROVIDED AT NO COST TO YOU; ACCORDINGLY, THE SOFTWARE AND ALL RELATED
DOCUMENTATION, SUPPORT, MAINTENANCE, AND SERVICES ARE PROVIDED ON AN "AS
IS" AND “WITH ALL FAULTS” AND THE RELATED SERVICES ON AN "AS AVAILABLE" BASIS.
LUMENSION EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) LUMENSION MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, THAT (i) THE
SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES RELATED TO THE
SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SOFTWARE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SOFTWARE, EVEN IF OBTAINED FROM LUMENSION, IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM LUMENSION OR THROUGH OR FROM THE SOFTWARE SHALL CREATE ANY
WARRANTY.
To the extent any warranties may arise by operation of law, Lumension disclaims all warranties of any
kind if the Software was altered or repackaged in any way by any party other than Lumension. Lumension
shall not be liable for the accuracy of any information provided by third-party technical support personnel,
or any damages caused, either directly or indirectly, by acts taken or omissions made by You or any thirdparty as a result of such technical support.
6.2 Assumption of Risks; Your Responsibilities
You assume full responsibility for the selection of the Software to achieve your intended results, and for
the installation, use and results obtained from the Software. You also assume the entire risk as it applies
to the quality and performance of the Software, including without limitation that the risk that a buffer
overflow attack could circumvent the protection that the Software is designed to provide. Should the
Software prove defective, You (and not Lumension) assume the entire cost of all necessary servicing,
repair or correction.
In addition, and without limiting the foregoing, in Using the Software You will need to set up your
PatchLink server to “face the Internet.” Lumension assumes no responsibility, and you remain solely
responsible, for server hardening and configuration as a result of setting up systems to utilize this tool.
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The Software is complex computer software. Performance of the Software may vary depending upon
hardware configuration and interactions with other software. You acknowledge that bugs may arise or
crashes may occur when the Software is used in your particular hardware or in conjunction with other
software. You therefore accept the responsibility of satisfying yourself that the Software is suitable for
use on your hardware and with your other software. This includes reasonable testing of the Software on
your hardware prior to any mission-critical use of your hardware.
You acknowledge that You have read the User's Manual for the Software prior to installing the Software
and agreeing to this Agreement.
Lumension has taken commercially reasonable precautions to ensure that the Software operates
functionally and without harm to other systems. However, this is a beta/demo product and full testing has
not been completed. As a result, significant errors, including without limitation system incompatibility and
system security compromises, may occur.
Use the Software at your own risk. You agree that you must evaluate, and bear all risks
associated with, the use of the Software.
In addition, and without limiting any of the foregoing, under no circumstances will Lumension be liable in
any way for the Software or any use of the Software, including, but not limited to, for any errors or
omissions in any content, or for any loss or damage of any kind incurred as a result of the use of or
reliance upon the Software or any content posted, transmitted or otherwise made available via the
Software.
Lumension accepts no responsibility or liability for any undesirable results of your use of the
Software whatsoever.
6.3 Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LUMENSION SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA,
OR OTHER INTANGIBLE LOSSES (EVEN IF LUMENSION HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
THE SOFTWARE OR RELATED SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY SOFTWARE, GOODS, DATA, INFORMATION, OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SOFTWARE OR RELATED SERVICES; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY THROUGH THE SOFTWARE OR ON THE
RELATED SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SOFTWARE OR RELATED
DOCUMENTATION, SUPPORT, MAINTENANCE, OR SERVICES.
6.4 Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
REPRESENTATIONS AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
7.
TERMINATION
7.1 Termination of License by Lumension
If You default in performing any material obligation required under this License, Lumension may, in
addition to all other remedies available at law or in equity, terminate this License upon written notice to
You.
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7.2 Effect of Termination
In the event this License expires or is terminated for any reason, You shall immediately discontinue Use
of and promptly (and in any event within seven (7) days) return to Lumension or certify the destruction of
the relevant Product and Documentation, including all copies thereof. In addition, any and all
Maintenance Services provided by Lumension shall also immediately terminate. Sections 2.4, 2.5, 4, 5,
6, 7 and 8, and all provisions regarding the protection of Lumension’s intellectual property rights, shall
survive any termination of this License.
8.
GENERAL PROVISIONS
8.1 Assignment
Lumension's rights and duties under this License are fully assignable. This License may not be assigned
by You without the prior written consent of Lumension, and any attempt to do so without permission shall
be void; provided, however, You may assign and transfer Your complete rights and obligations
hereunder, without the consent of Lumension, to any corporation that is Your wholly-owned subsidiary or
parent, or that survives a merger in which You participate, or to any corporation or other person or
business entity that acquires all or substantially all of Your assets, provided that: (1) the assignee
executes an undertaking to Lumension to comply in full with Your obligations hereunder; (2) You retain no
copies of and transfer to assignee all of the Product (including all component parts, the media and related
Documentation, any upgrades, and this License); and (3) such transfer does not violate export laws or
regulations.
8.2 Entire Agreement
This License together with the attached Product Use Rights constitutes the entire license agreement
between the parties with respect to the subject matter hereof, and all prior agreements, representations,
and statements with respect to such subject matter are superseded hereby, and in the event that there is
a conflict between the terms and conditions of this License and those of the attached Product Use Rights
Agreement, the terms and conditions of this License shall prevail. The terms of this License may not be
altered, modified, amended, changed, rescinded or discharged in whole or in part, except by written
agreement executed by duly authorized parties of You and Lumension. No pre-printed terms or
provisions of any purchase order, acknowledgement or other business form that You may use in
connection with the acquisition or licensing of the Software will have any effect whatsoever, including
without limitation any effect on the rights, duties or obligations of the parties, or otherwise modify, this
License, regardless of any failure of Lumension to object to such terms, provisions, or conditions.
8.3 Notices
You agree to provide Lumension with a primary business contact email address, to promptly provide
Lumension with any changes to this email address, and to accept emails (or other electronic
communications) from Lumension at this email address. You further agree that Lumension may provide
any and all routine notices, statements, and other communications to You through this email address, and
in connection with such routine purposes notice shall be considered to have been given upon sender's
printed confirmation of successful transmission by email. Notwithstanding the foregoing, any notice by
either party related to any material provision of this EULA, including, but not limited to, breach or
termination of any Product license or Services must be sent by either: (i) registered mail, return receipt
requested; (ii) traceable commercial carrier; (iii) confirmed facsimile; or (iv) confirmed email, meaning that
the recipient must reply to confirm receipt of the notice email. If addressed to Lumension, notice shall be
addressed to Lumension Security, Inc., 15880 North Greenway-Hayden Loop, Suite 100, Scottsdale,
Arizona 85260, Attn: General Counsel, email address [email protected]; and if to You, a notice shall
be forwarded to the address in Lumension’s records relating to You, Attn: Legal Department. Notices
shall be effective when confirmed, if required, or otherwise, when delivered.
8.4 Force Majeure
Neither party shall be held responsible for any delay or failure in performance of its obligations hereunder
to the extent such delay or failure is caused by fire, flood, strike, civil, governmental or military authority,
acts of God, acts of terrorism, acts of war, or other similar causes beyond its reasonable control and
without the fault or negligence of the delayed or non-performing party or its agents.
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8.5 Waiver; Severability
The failure of either party, in any one or more instances, to enforce any of the terms of this License shall
not be construed as a waiver of future enforcement of that or any other term. If any provision of this
License shall for any reason be held illegal or unenforceable in whole or in part, the parties shall
endeavor in good faith to agree to such amendments that will preserve, as far as possible, the intentions
expressed in this License. If the parties fail to agree on such an amendment, such invalid term, condition
or provision will be severed from the remaining terms, conditions and provisions, which will continue to be
valid and enforceable to the fullest extent permitted by law.
8.6 Governing Law; Statute of Limitations
The validity and performance of this License shall be governed by and construed in accordance with the
laws of the U.S. State of Arizona, excluding that body of law applicable to choice of law and excluding the
United Nations Convention on Contracts for the International Sale of Goods, if applicable. Any legal
action or proceeding relating to this License shall be instituted in a state or federal court in Maricopa
County, Arizona, USA. Lumension and You agree to submit to the exclusive jurisdiction of, and agree
that venue is proper in, these courts in any such action or proceeding. The prevailing party in any action
to enforce this License will be entitled to recover its reasonable attorney’s fees and costs in connection
with such action.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of
or related to Use of the Software or related to this EULA must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
8.7 Government End User
If You are acquiring the Product or Services on behalf of any unit or agency of the United States
Government, then on behalf of the government You agree that: (i) if supplied to a unit of the Department
of Defense (DOD), the Product and Services are classified as "Commercial Computer Software" and the
Government is acquiring only "restricted rights" as that term is defined in Clause 252.2277013(c)(1)/7014(a)(1) of the DFARS; and (ii) if supplied to any unit or agency of the United States
Government other than DOD, the Government's rights in the Product and Services will be restricted to the
extent allowed by law and as stated and defined in Clause 52.227-19(c)(2) of the FAR or, in the case of
NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR.
8.8 Export Controls
You shall not export, ship, transmit or re-export the Product or Documentation to any country for which a
license is required under the export control laws of the United States and the administrative regulations
issued thereunder, without first obtaining the required license. You shall not Use the Product or Third
Party Patch Content, or allow the transfer, transmission, export, or re-export of any portion thereof, in
violation of any export control laws or regulations administered by the U.S. Commerce Department, Office
of Foreign Assets Control, or any other government agency.
8.9 Relationship of the Parties
Nothing contained in this License shall be construed as creating any agency, partnership, or other form of
joint enterprise between the parties. The relationship between the parties shall at all times be that of
independent contractors. Neither party shall have authority to contract for or bind the other in any manner
whatsoever.
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Attachment 1:
Product Use Rights
PRODUCT USE RIGHTS
LUMENSION® APPLICATION INSPECTOR
This document states the terms and conditions upon which Lumension Security, Inc. (“Lumension” or the
“Company”) allows the user (“You”) to use its Application Inspector software utility (including its derivative
and successor products) and related Documentation and Services (collectively, the “Software”). The
Software is licensed, not sold, to You on a nonexclusive basis for use only under the terms of this
document and Lumension’s End-User License Agreement Covering Lumension® Application Inspector
(the “EULA”), into which this document is hereby incorporated by reference.
Lumension may provide You an electronic file: the license key. This license key defines the Software, the
environment and the number of seats that are granted to You.
Except as otherwise provided in this document or the EULA, this Software is licensed solely for use by
You, for your own internal purposes, in partially managing allowable executables and/or controlling
access to I/O devices on workstations, servers or terminal servers as defined in the license key.
1. User Documentation Covered Under These Use Rights
Documentation covering these Product Use Rights shall include Lumension® Application Inspector.
2. Intellectual Property
You own any disk(s) or other media on which the Software may be recorded or fixed; but, as between
You and Lumension, Lumension retains all title to and ownership of the Software (including, without
limitation, all copies thereof and all rights to patents, copyrights, trademarks, trade secrets and other
intellectual property rights inherent therein and/or appurtenant thereto) and reserves all rights not
expressly granted to You.
The Software is owned by Lumension, and is protected by European Union, United States and
international intellectual property (including copyright) laws, including, without limitation, the Luxembourg
law dated March 29, 1972 concerning copyright. You may not remove any copyright, patent or other
proprietary rights notices from any copy of the Software or any copy of the written materials, if any,
accompanying the Software.
3. Updates, Upgrades, Supplements or Corrections
Lumension is under no obligation to provide any updates, upgrades, supplements or corrections to the
Software (collectively, “Updates”). Lumension is under no obligation to provide technical support, bug
fixes, replacements or conversions of the Software, or to otherwise maintain the Software. In the event
that Lumension does provide to You one or more Updates, this Agreement shall apply to such Updates
unless Lumension provides other terms along with such Update.
4. Persons Obligated
This document is binding on You as well as your employees, employers, contractors and agents, and
your successors and assigns, to the extent assignment is permitted by this document.
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5. One Archival Copy
You may make one (1) archival copy of the machine-readable portion of the Software for backup
purposes only, provided that You reproduce on the copy all copyright, patent and other proprietary rights
notices included on the originals of the Software. Such archival copy shall be used by You solely in
support of your use of the Software.
6. Prohibition Against Merger or Integration
You may not merge any portion of the Software into, or integrate any portion of the Software with, any
other program.
7. U.S. Government Restricted Rights
The Software and related documentation are commercial computer software developed exclusively at
private expense and are provided with "restricted rights." Use, duplication or disclosure by the U.S.
Government, except the U.S. Department of Defense, is subject to restrictions as set forth in 48 CFR
52.227-19, as amended, or any successor regulations. Use, duplication or disclosure by the U.S.
Department of Defense is subject to the terms of this Agreement, as stated in DFARS 227.7202.
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