MetaFlows License Agreement

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE.

USE OF THE METAFLOWS SECURITY MANAGEMENT SYSTEM AND THE ACCOMPANYING COMPONENT APPLICATIONS ARE LICENSED TO EACH LICENSEE BY METAFLOWS, INC. ("METAFLOWS") UNDER THE TERMS OF THIS LICENSE AGREEMENT (THE "AGREEMENT") AND THE INDEPENDENT LICENSING AGREEMENTS (THE "AGREEMENTS") OF THE SYSTEM COMPONENT APPLICATIONS DEFINED IN SECTIONS I, II, III and IV.

BY CLICKING THE "ACCEPT" OR "ACCEPT ALL" CHECKBOX(S) IN THE METAFLOWS LICENSING AGREEMENTS PAGE, OR BY DOWNLOADING, INSTALLING OR USING METAFLOWS SECURITY MANAGEMENT SYSTEM, EACH LICENSEE IS CONSENTING TO BE BOUND BY THE AGREEMENTS. IF YOU DO NOT AGREE TO THE TERMS AND/OR THE CONDITIONS OF THIS AGREEMENT OR AGREEMENTS, DO NOT CLICK THE "ACCEPT" OR "ACCEPT ALL" BOX(S), AND DO NOT DOWNLOAD, INSTALL OR USE ANY PART OF THE METAFLOWS SECURITY MANAGEMENT SYSTEM.

METAFLOWS SOFTWARE LICENSE:

MetaFlows, Inc. ("MetaFlows") and its suppliers grant to Customer ("Customer") a nonexclusive and nontransferable license to use the MetaFlows software ("Software") in object code form: (i) installed in a single location on a hard disk or other storage device of up to the number of computers owned or leased by Customer for which Customer has paid a license fee ("Permitted Number of Computers"); or (ii) provided the Software is configured for network use, installed on a single file server for use on a single local area network for either (but not both) of the following purposes: (a) permanent installation onto a hard disk or other storage device of up to the Permitted Number of Computers; or (b) use of the Software over such network, provided the number of computers connected to the server does not exceed the Permitted Number of Computers. Customer may only use the programs contained in the Software (i) for which Customer has paid a license fee (or in the case of an evaluation copy, those programs Customer is authorized to evaluate) and (ii) for which Customer has received a product activation key. Customer grants to MetaFlows or its independent accountants the right to examine its books, records and accounts during Customer's normal business hours to verify compliance with the above provisions. In the event such audit discloses that the Permitted Number of Computers is exceeded, Customer shall promptly pay to MetaFlows the appropriate licensee fee for the additional computers or users. At MetaFlows's option, MetaFlows may terminate this license for failure to pay the required license fee.

Customer may make one (1) archival copy of the Software provided Customer affixes to such copy all copyright, confidentiality, and proprietary notices that appear on the original.

EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE.

Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of MetaFlows. Customer agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of MetaFlows. Customer agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with MetaFlows.

LIMITED WARRANTY. MetaFlows warrants that for a period of ninety (90) days from the date of shipment or download from MetaFlows that the Software substantially conforms to its published specifications. Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to Customer as the original licensee. Customer's exclusive remedy and the entire liability of MetaFlows and its suppliers under this limited warranty will be, at MetaFlows or its service center's option, repair, replacement, or refund of the Software if reported (or, upon request, returned) to the party supplying the Software to Customer. In no event does MetaFlows warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions.

This warranty does not apply if the software (a) has been altered, except by MetaFlows, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by MetaFlows, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (d) is used in ultrahazardous activities.

DISCLAIMER. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.

IN NO EVENT WILL METAFLOWS OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF METAFLOWS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall MetaFlows's or its suppliers' liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.

The above warranty DOES NOT apply to any beta software, any software made available for testing or demonstration purposes, any temporary software modules or any software for which MetaFlows does not receive a license fee. All such software products are provided AS IS without any warranty whatsoever.

This License is effective until terminated for cause. MetaFlows and/or Customer may terminate this License for cause at any time with 30-days written notice, with the ability to correct any non-compliance during the notice period. Upon termination, Customer must destroy all copies of Software and documentation. If Customer has a current paid subscription to the optional MetaFlows Event Log Archival Service, MetaFlows will maintain historical Event Log storage regardless if the Customer's primary MetaFlows Software subscription is active or not.

Suspension due to abuse: In the event that MetaFlows has determined that the Customer has purposely sabotaged or compromised the integrity and/or availability of our services, MetaFlows will immediately suspend all services to the Customer with phone and/or email notification.

Termination without cause: In the unlikely event MetaFlows, Inc. can no longer continue to provide it's services, MetaFlows will provide a 1 year notice to all Customers before all services cease. Customers with longer term Subscriptions will receive a pro-rated refund for any services not rendered.

Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software. MetaFlows grants the Customer the right to expand Customer deployments/architectures outside of the U.S. that are in strict compliance to the as-mentioned U.S. export control laws.

This License shall be governed by and construed in accordance with the laws of the State of California, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License between the parties with respect to the use of the Software.

METAFLOWS MAINTENANCE AND SOFTWARE SUPPORT SERVICES

1. Maintenance Services. In consideration for Subscriber's payment of the subscription fees MetaFlows, Inc. shall provide the maintenance services described in this Section ("Maintenance and Software Support Services"):

(a) Product Updates. MetaFlows, Inc. shall make available to Subscriber each "Minor" and "Maintenance" functional release of the software, make generally available without additional charge to its maintenance customers and that is intended to replace a prior version release ("Updates").

(b) Bug Fixes. MetaFlows, Inc. shall exercise commercially reasonable efforts to correct any reproducible malfunction in the Software reported to MetaFlows, Inc by Subscriber that prevents the Software from performing in accordance with the operating specifications (a "Bug"). Subscriber shall be responsible for the installation and testing of any Bug fixes.

(c) Email Support. With all subscriptions, regardless of number of sensors purchased, 24/7/365 email and web based support. Email support is available via support@metaflows.com. Email support requests will be replied to within four (4) hours of receipt. This may not be a full resolution, but an analyst will begin work on and request any further information within this period. Most requests will be resolved within this time period. Requests that are not client specific (i.e. a false positive report for an ET or ET Pro rule, etc) do not require a subscription to contact and work with the MetaFlows, Inc support department. Support SLAs do not, of course, apply to non-subscribers, although reports will be handled with the same priority and speed.

2. Software Support Process. MetaFlows, Inc. endeavors to resolve technical issues on the first call or online request for assistance. All of their technical support engineers are highly qualified professionals, and have the responsibility of assessing the nature of the issue and working with the client to resolve the issue independently. Should any issue persist or escalate, the engineer will involve senior engineering management to work with the client until issues are resolved. If at any time the Subscriber feels the engineer it is working with may not be able to resolve the issue in a timely manner Subscriber has the right to request to escalate the issue to a senior engineer. In cases where it is established that an issue is not within the control of or purview of the Software or any other MetaFlows Inc product, or is unrelated and originating elsewhere in a customer's network or product, the engineers will be happy to continue to work on resolving the issue. However, their time will be charged at the current MetaFlows, Inc. professional services hourly rate. All charges of this nature will be quoted in writing prior to work continuing, and will require written acceptance from the client.

3. Conditions of Service.

3.1 Subscriber Assistance. Subscriber agrees to provide MetaFlows, Inc. reasonable access to all necessary personnel to answer questions or resolve problems reported by Subscriber regarding the Software. Subscriber agrees to promptly implement all Updates provided by MetaFlows, Inc under this Agreement.

3.2 Use of Updates. Subscriber's use of any Updates provided by MetaFlows, Inc. as part of the Maintenance and Software Support Services shall be governed by all license limitations and restrictions, and all other terms and conditions of the Agreement. MetaFlows, Inc may, at its discretion, change the services included in Maintenance and Software Support Services at any time, provided, however that such changes shall not become effective until the commencement of any renewal term.

4. Term and Termination.

4.1 Term. MetaFlows, Inc. shall provide Maintenance and Software Support Services for the duration of the subscription. Such term shall be automatically renewed at the end of the subscription period and again at the end of each term thereafter unless Subscriber gives written notice at least thirty (30) days before any such renewal date of its intent not to renew the Maintenance and Software Support Services.

4.2 Termination. Subscriber may terminate a Maintenance and Software Support Services contract at the end of any term by giving written notice to MetaFlows, Inc at least thirty (30) days prior to the end of such term. Maintenance and Software Support Services included as part of a Sensor Site License will continue for the duration of the site license and terminate automatically at the end of the same. Either party may terminate Maintenance and Software Support Services if the other party breaches any material term or condition of the Maintenance and Software Support Service Terms and Conditions and such breach is not remedied within thirty (30) days after receiving written notice thereof. Notwithstanding the foregoing, MetaFlows, Inc may immediately, by written notice to Subscriber, suspend or terminate Maintenance and Software Support Services if Subscriber fails to make any subscription payment. Maintenance and Software Support Services shall terminate automatically upon any termination of the Agreement.

5. Limitation of Liability. In addition to all other limitations of liability contained in the Agreement, MetaFlows, Inc's aggregate liability for damages arising from any cause of action whatsoever relating to MetaFlows, Inc's obligations to provide Maintenance and Software Support Services shall be limited to the amount paid by Subscriber for such services for the applicable year.

6. Service Contract; Remedy. THESE MAINTENANCE AND SOFTWARE SUPPORT SERVICES TERMS AND CONDITIONS CONSTITUTE A SERVICE CONTRACT AND NOT A PRODUCT WARRANTY. IN CASE OF NON-CONFORMING SERVICES WHICH ARE NOT PROMPTLY REMEDIED BY METAFLOWS, INC FOLLOWING RECEIPT OF SUBSCRIBER'S WRITTEN NOTICE, SUBSCRIBER SHALL AS ITS SOLE REMEDY BE ENTITLED TO CANCEL MAINTENANCE AND SOFTWARE SUPPORT SERVICES PROVIDED AND RECEIVE A PRO RATA REFUND OF ANY PREPAID FEES.

NOTICE TO ALL USERS: PLEASE READ THIS DOCUMENT CAREFULLY. BY CLICKING THE ACCEPT BUTTON OR INSTALLING THE RULES, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AGREE THAT THIS CONTRACT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS CONTRACT AND DO NOT INSTALL THE RULES. IF YOU PURCHASED THE RULES ON TANGIBLE MEDIA (e.g., CD) WITHOUT THE OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS CONTRACT, YOU MAY OBTAIN A REFUND OF THE AMOUNT YOU ORIGINALLY PAID IF YOU: (A) DO NOT USE THE RULES AND (B) RETURN IT, WITH PROOF OF PAYMENT, WITHIN THIRTY (30) DAYS OF THE PURCHASE DATE TO THE LOCATION FROM WHICH IT WAS OBTAINED.

I Emerging Threats Pro License Agreement

EMERGING THREATS PRO RULES

The Emerging Threats Pro Rules are licensed to each Subscriber under the terms of this End-User License Agreement. By subscribing to MetaFlows Inc service, each Subscriber is consenting to be bound by this Agreement. If you do not agree to the terms and conditions of this Agreement, do not subscribe to MetaFlows Inc service.

1. Definitions. As used in this Agreement, the terms herein will have the meaning and definition as specified below:

"Commercial Purpose" means the use, reproduction, or distribution, directly or indirectly, of the Rules or any Modifications, or any portion of the foregoing, or a Compilation that includes, in whole or in part, the Rules or any Modifications thereto that in either case is intended to result in a direct or indirect pecuniary gain or any other consideration or economic benefit to any person or entity involved in such use, reproduction, or distribution. Examples of a Commercial Purpose include without limitation, integrating the Rules with other software or hardware for sale, licensing the Rules for a fee, using the Rules to provide a service to a third party, selling the Rules, or distributing the Rules for use with other products or other services.

"Compilation" means a work which combines the Rules or any Modifications or portions thereof with any services, programs, code, or other products not governed by the terms of this Agreement.

"Emerging Threats Pro Rules" means Developer's proprietary enterprise grade software rulesets focused on malware command and control, policy issues, control of classified information, and many other areas of significant threats in the security landscape.

"Modifications" means any alteration, addition to, or deletion from the substance or structure of the Rules, including, without limitation, any addition to or deletion from the contents of a file containing a Rule or a Modification; any derivative of the Rules or of any Modifications; any new file that contains any part of the Rules or Modifications; or a Modification to a Rule (or to a Modified Rule) that corrects a bug, defect, or error in such Rule without affecting the overall functionality of such Rule (or Modification thereof).

"Permitted Uses" shall have the meaning given such term in Section 2.1.

"Restricted Activities" shall have the meaning given such term in Section 2.2.

"Rules" means specifically formulated network traffic characteristics and instructions in text form, source code form, or object code form (including the structure, sequence, organization, and syntax of such network traffic characteristics), and all documentation related thereto, that have been created, developed, licensed to, tested, and officially approved by Emerging Threats Pro, LLC. The Rules are made up of Emerging Threats Pro Rules, the free rulesets developed by Emerging Threats, proprietary rule sets developed and licensed from TELUS Security Labs by Developer and other third party proprietary rulesets licensed and redistributed by MetaFlows, Inc

"Subscriber" shall mean an individual or entity who has registered as a subscriber on MetaFlows', Inc website to use the Rules and who has paid the applicable license fees for such use.

2. Grant.

2.1 Subject to the terms and conditions of this Agreement and in consideration of the license fee paid by a Subscriber, MetaFlows, Inc hereby grants to such Subscriber a worldwide, non-transferable, non sub-licensable, non-exclusive license to do any of the following with respect to the Rules:

download, install, and use the Rules only on the maximum number of sensors subscribed to, and paid for, by such Subscriber;
install and use only a single copy of the Rules or a single copy of the Modified Subscriber Rules on a single sensor.

(b) modify the Rules and install and use those Modified Rules consistent with Section 2.1(a);

(c) reproduce the Rules as strictly necessary in exercising its rights under this Section 2.1; and

(d) make the Rules (or any Modifications) available to the Subscriber's consultants and/or subcontractors for the limited purpose of exercising its rights under this Section 2.1, provided that such use is in compliance with this Agreement.

Paragraphs (a) though (d) of this Section 2.1 are collectively referred to as the "Permitted Uses". All rights not granted under this Agreement are reserved by MetaFlows, Inc

2.2 Limitations on License; Restricted Activities. Each Subscriber recognizes and agrees that the Rules are the property of Emerging Threats Pro LLC, contain valuable assets and proprietary information and property of Emerging Threats Pro LLC., and are provided to such Subscriber under the terms and conditions of this Agreement. Notwithstanding anything to the contrary in this Agreement, each Subscriber agrees that he, she, or it shall NOT do any of the following without MetaFlows,Inc prior written consent:

(a) download, use, install, deploy, perform, modify, license, display, reproduce, distribute, or disclose the Rules or Modifications thereto (even if merged with other materials as a Compilation) other than as allowed under a Permitted Use;

(b) sell, license, transfer, rent, loan, download, use, install, deploy, perform, modify, reproduce, distribute or disclose the Rules or any Modifications thereto (in whole or in part and whether done independently or as part of a Compilation) for a Commercial Purpose;

(c) post or make generally available any Rule or any Modifications thereto (in whole or in part) to individuals or a group of individuals who have not agreed to the terms and conditions of this Agreement, provided, however, that nothing in this Section 2.2(c) shall preclude the Permitted Use in Section 2.1(d);

(d) share any user authentication information and/or password provided to a Subscriber by MetaFlows,Inc with any third party to allow such party to access Subscriber's MetaFlows, Inc account or to otherwise access the Rules; or

(e) alter or remove any copyright notice or proprietary legend contained in or on the Rules.

Paragraphs (a) though (e) of this Section 2.2 are collectively referred to as the "Restricted Activities").

2.3 Reproduction Obligations. Each Subscriber agrees that any embodiment of the Rules permitted under this Agreement will contain the notices set forth in below:

Software distributed under the Agreement is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the Agreement for the specific language governing rights and limitations under the Agreement. The developer of the Rules is Emerging Threats Pro LLC.

In addition, to the extent a Subscriber makes any copies of the Rules or any Modifications under this Agreement, each Subscriber agrees to ensure that any and all such copies shall contain:

(a) a copy of an appropriate copyright notice and all other applicable proprietary legends;

(b) a disclaimer of any warranty consistent with this Agreement; and

(c) any and all notices referencing this Agreement and absence of warranties.

3. Term and Automatic Renewal. Unless earlier terminated as set forth herein, this Agreement is effective for the duration of the subscription from the date of purchase. If you have provided MetaFlows, Inc with a valid credit card number or an alternate payment method, your subscription will be automatically renewed (and charged to the account you have provided) for another term at the expiration of your current term, whenever your local regulations allow, for a fee no greater than MetaFlows, Inc then-current price, excluding promotional and discount pricing. The new term will be for the same duration as the expired term unless otherwise specified at time of renewal. This renewal will be processed prior to the expiration of the term and each anniversary thereafter. If you do not desire to have your subscription automatically renewed, you must, prior to the expiration of your subscription term, inform MetaFlows, Inc of your intention not to renew your subscription. You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify Metaflows, Inc if your credit card is canceled (for example, for loss or theft). Changes to such information can be made at nsm.metaflows.com.

4. Inability to Comply Due to Statute or Regulation. If it is impossible for a Subscriber to comply with any of the terms of this Agreement with respect to some or all of the Rules due to statute, judicial order, or regulation then such Subscriber must:

(a) comply with the terms of this Agreement to the maximum extent possible; and

(b) describe the limitations and the Rule affected. Such description must be included with all distributions of the Rules. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.

5. Representations and Warranties. Each Subscriber represents and warrants that the information he/she/it provided to MetaFlows, Inc when registering as a Subscriber is complete and accurate in all respects, and if any person is acting in a representative capacity, such person has the right, power and authority to so act. Each Subscriber further represents and warrants that the subscription categories selected (e.g., personal or business use) by such Subscriber accurately reflects such Subscriber's intended use of the Subscriber Rules.

6. DISCLAIMER OF WARRANTY. THE RULES AND MODIFICATIONS ARE PROVIDED UNDER THIS AGREEMENT ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE RULES OR THE MODIFICATIONS ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO PERFORMANCE OF THE RULES AND MODIFICATIONS IS WITH THE SUBSCRIBER OR RECIPIENT. SHOULD THE RULES OR MODIFICATIONS PROVE DEFECTIVE IN ANY RESPECT, THE SUBSCRIBER (NOT METAFLOWS, INC) ASSUMES THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF ANY RULE OR ANY MODIFICATION IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE SUBSCRIBER OR METAFLOWS, INC BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, SECURITY BREACHES OR FAILURES, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY.

8. Termination. This Agreement and the rights granted hereunder will terminate automatically if the Subscriber breaches any or all of the terms herein and fails to cure such breach within thirty (30) days of becoming aware of the breach. Provisions which, by their nature, must remain in effect beyond the termination of this Agreement shall survive.

9. United States Government Users. If the Rules or Modifications are being acquired by or on behalf of the US Government or by a US Government prime contractor or subcontractor (at any tier), then the Government's rights in the Rules and Modifications shall be subject to MetaFlows, Inc.'s standard commercial terms and only as set forth in this Agreement; and only with "Limited Rights" and "Restricted Rights" as defined the federal regulations if the commercial terms are deemed not to apply.

10. Notice to United States Government End Users. Rules and accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Rules and accompanying documentation by the US Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.

11. Free Software. This product may include some software programs that are licensed (or sublicensed) to the user under the GNU General Public License (GPL) or other similar free software licenses which, among other rights, permit the user to copy, modify and redistribute certain programs, or portions thereof, and have access to the source code ("Open Source Software"). The GPL requires that for any Open Source Software covered under the GPL, which is distributed to someone in an executable binary format, that the source code also be made available to those users. For any Open Source Software covered under the GPL, the source code is made available on this CD or download package. If any Open Source Software licenses require that MetaFlows, Inc provide rights to use, copy or modify a Open Source Software program that are broader than the rights granted in this Agreement, then such rights shall take precedence over the rights and restrictions herein.

12. Miscellaneous. This Agreement represents the complete agreement concerning the subject matter hereof. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by California law provisions, excluding its conflict-of-law provisions. Any litigation relating to this Agreement shall be subject to the jurisdiction of the state and federal Courts serving San Diego, California. In the event MetaFlows Inc files suit to enforce the terms of this Agreement, MetaFlows Inc shall be entitled to recover all of its costs, including without limitation, court costs and attorneys' fees and expenses. Each Subscriber hereby submits to jurisdiction and venue in such courts. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this Agreement. Headings and section references are used for reference only and shall not be used define, limit or describe such section.

II Snort License Agreement

Background

SNORT© is an open source network intrusion detection system capable of performing real-time traffic analysis and packet logging on IP networks. Snort is comprised of two major components: (i) a detection engine that utilizes modular plug-in architecture (the "Snort Engine") and (ii) a flexible rule language to describe traffic to be collected (the "Snort Rules"). The Snort Rules are further comprised of those rules that are made available to all users of Snort.org (the "Community Snort Rules") and those confidential and proprietary rules that are developed by Sourcefire (the "Proprietary Snort Rules"). In order to access and download the Proprietary Snort Rules, you must either

(1) enroll either as a registered user, a subscriber to the Snort.org web site; along with agreeing to abide by the terms and conditions of the Non-Commercial Use Licensing governing the use of the Proprietary Snort Rules.

(2) or subscribe to the MetaFlows service as a paying customer in which case the use of the Proprietary Snort Rules are Governed by MetaFlows Licensing Agreement

Your Rights to use the Snort Engine and the Snort Rules during MetaFlows Free Trial period

Sourcefire uses a dual license strategy for the Snort source code. The source-code license governing your use of the Snort Engine and the Community Snort Rules is the GNU General Public License Version 2. The source-code license governing your use of the Proprietary Snort Rules is the Non-Commercial Use License for the Proprietary Snort Rules. Your use of the Snort.org web site, its contents or downloadable materials shall be governed by the Terms of Use, the Privacy Policy and/or, as applicable, the GNU GPL v.2 or the Non-Commercial Use Licensing.

Copies of the licenses are available at:

GNU General Public License (GPL)

Non-Commercial Use License for the Proprietary Snort Rules

The purpose of distributing the Snort Engine and the Community Snort Rules under the GNU General Public License Version 2 is to encourage the development and distribution of open source software. Continuing the reliance on the open source community in developing Snort is an important step to providing a robust intrusion detection sensor that improves network security.

The Non-Commercial Use Licensing similarly allows users to copy, modify and distribute the source code of the Proprietary Snort Rules, with one very important exception. The distribution cannot be done for the purpose of reaping a commercial profit or gain. A user is only permitted to use the Proprietary Snort Rules for his/her own personal use. So for example, if a user embeds or relies on the Proprietary Snort Rules in a product that is then sold to a third party, this would be a violation of the Non-Commercial Use License, although this type of use would be permitted under the GNU GPL (assuming the other terms and conditions of the GNU GPL v.2 were followed).

You can freely modify and improve the Snort Engine and the Snort Rules source code. The key difference, however, is that the Proprietary Snort Rules are licensed to you for your personal use only, and you may not use, copy or distribute the Proprietary Snort Rules, directly or indirectly, for commercial profit or gain.

For more information on the GPL, please also visit the Free Software Foundation's web page: http://www.gnu.org.

III BotHunter License Agreement

IMPORTANT - READ CAREFULLY.

Be sure to carefully read and understand all of the rights and restrictions described in this End-User License Agreement ("EULA"). You will be asked to review and either accept or not accept the terms of the EULA. You will not be permitted to access or use the Software unless or until you accept the terms of the EULA. Alternative license terms may be available to you by contacting porras@csl.sri.com.

Your affirmative response to the "Do you accept the terms of the EULA?" prompt is a symbol of your signature that you accept the terms of the EULA.

This EULA is a legal agreement between you (either an individual or a single entity) and SRI International ("SRI") for the software referred to by SRI as "BotHunter", which includes the computer software accessible via this web browser interface, and may include associated media, printed materials and any "online" or electronic documentation ("Software"). By utilizing the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not access or use the Software.

GRANT OF LIMITED LICENSE.

As a MetaFlows Community User, SRI hereby grants to you a personal, non-exclusive, non-transferable, royalty-free license to access and use the Software for your own internal purposes. The Software is licensed to you, and such license does not constitute a sale of the Software. SRI reserves the right to release the Software under different license terms or to stop distributing or providing access to the Software at any time. You may not distribute, sublicense, rent or lease the Software.

RESTRICTIONS.

You may not: (i) modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software; or (ii) create more than one (1) copy of the Software or any related documentation.

OWNERSHIP.

SRI is the sole owner of the Software and the intellectual property rights therein. You agree that SRI retains title to and ownership of the Software and that you will keep confidential and use your best efforts to prevent and protect the Software from unauthorized access, use or disclosure. All trademarks, service marks, and trade names are proprietary to SRI. All rights not expressly granted herein are hereby reserved.

BOTHUNTER PROFILES.

You may, at your sole discretion, elect to share profile data collected by the Software with SRI. If you provide any data files to SRI, then SRI shall automatically have the worldwide, perpetual, non-exclusive, royalty-free license to utilize such data files and any derivatives thereof for all purposes without attribution.

TERMINATION.

The EULA is effective upon the date you first use the Software and shall continue until terminated as specified below.

You may terminate the EULA at any time prior to the natural expiration date by destroying the Software and any and all related documentation and copies and installations thereof, whether made under the terms of these terms or otherwise. SRI may terminate the EULA if you fail to comply with any condition of the EULA or at SRI's discretion for good cause. Upon termination, you must destroy the Software in your possession, if any, and any and all copies thereof. In the event of termination for any reason, the provisions set forth under the paragraphs entitled DISCLAIMER OF ALL WARRANTIES, EXCLUSION OF ALL DAMAGES, and LIMITATION AND RELEASE OF LIABILITY shall survive.

U.S. GOVERNMENT RESTRICTED RIGHTS.

The Software is deemed to be "commercial software" and "commercial computer software documentation", respectively, pursuant to DFARS �227.7202 and FAR 12.212, as applicable. Any use, modification, reproduction, release, performance, display, or disclosure of the Software by the U.S. Government or any of its agencies or by a U.S. Government prime contractor or subcontractor (at any tier) shall be governed solely by the terms of this EULA, and shall be prohibited except to the extent expressly permitted by the terms of this EULA.

DISCLAIMER OF ALL WARRANTIES.

SRI PROVIDES THE SOFTWARE AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT OR OF NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.

EXCLUSION OF ALL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SRI BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. LIMITATION AND RELEASE OF LIABILITY.

SRI has included in this EULA terms that disclaim all warranties and liability for the Software. To the full extent allowed by law, YOU HEREBY RELEASE SRI FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE. If you do not wish to accept access to the Software under the terms of this EULA, do not access or use the Software. No refund will be made, because the Software was provided to you at no charge. Independent of, severable from, and to be enforced independently of any other provision of this EULA, UNDER NO CIRCUMSTANCE SHALL SRI'S AGGREGATE LIABILITY TO YOU (INCLUDING LIABILITY TO ANY THIRD PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS EULA, IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT, IF ANY, ACTUALLY PAID BY YOU TO SRI PURSUANT TO THIS EULA.

JURISDICTIONAL ISSUES.

This Software is controlled by SRI from its offices within the State of California. SRI makes no representation that the Software is appropriate or available for use in other locations. Those who choose to access this Software from other locations do so at their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You hereby acknowledge that the rights and obligations of the EULA are subject to the laws and regulations of the United States relating to the export of products and technical information. Without limitation, you shall comply with all such laws and regulations, including the restriction that the Software may not be accessed from, used or otherwise exported or reexported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specialty Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By accessing or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country on any such list.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

Pursuant to Title 17, United States Code, Section 512©(2), notifications of claimed copyright infringement should be sent to SRI International, Office of the General Counsel, 333 Ravenswood Ave., Menlo Park, CA 94025.

SUPPORT, UPDATES AND NEW RELEASES.

The EULA does not grant you any rights to any software support, enhancements or updates. Any updates or new releases of the Software which SRI chooses at its own discretion to distribute or provide access to shall be subject to the terms hereof.

GENERAL INFORMATION.

The EULA constitutes the entire agreement between you and SRI and governs your access to and use of the Software. The EULA shall not be modified except in writing by both parties.

The EULA shall be governed by and construed in accordance with the laws of the State of California, without regard to the conflicts of law principles thereof. Any litigation arising out of or relating to this EULA or the Software, shall be brought in the United States District Court for the Northern District of California, if in federal court, or in the San Mateo County Superior Court, if in state court, and the parties hereby waive any objections to personal jurisdiction and/or venue in such courts for the purpose of such action.

If any provision of the EULA shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

In consideration of your use of the Software, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

The failure of SRI to exercise or enforce any right or provision of the EULA shall not constitute a waiver of such right or provision.

IV P0f License

Please read the Gnu Lesser Public Licensing Terms at http://www.gnu.org/licenses/lgpl-2.1.txt