MIKROTIK ROUTEROS V3 SOFTWARE ROUTER SYSTEM
This End-User License Agreement ("License Agreement") is a binding agreement between you (either an individual or a single entity) and MikroTikls SIA ("MikroTikls" or "MikroTik"), which is the manufacturer of the SOFTWARE PRODUCT ("SOFTWARE PRODUCT" or "SOFTWARE") identified above. HARDWARE refers as the computer, which the Software Product is installed on. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user License Agreement is licensed to you under the terms of that License Agreement. The term SOFTWARE or SOFTWARE PRODUCT does not include the software listed after point 12 of this document that is under the GNU General Public License or other free software licenses listed after point 12 of this document.
By opening or installing SOFTWARE PRODUCT MikroTik RouterOS V3 you indicate that you agree with terms of this agreement, if you do not agree with the terms of this agreement, do not open the diskette package and do not install or use the software, instead, return the unopened package of the SOFTWARE including manuals, documentation, or written materials that are associated with this program to the place where you obtained them for full refund and delete all electronic copies of the SOFTWARE and documentation.
If you purchased a base license of the SOFTWARE PRODUCT you are granted a non-exclusive license to use the SOFTWARE PRODUCT and accompanying Documentation according to the contents of this License herein:
You may only install and use one copy of the SOFTWARE on the Computer.
You may make a single back-up copy of the SOFTWARE PRODUCT. You may use the back-up copy solely for archival purposes. Except as expressly provided in this License Agreement, you may not otherwise make copies of the SOFTWARE PRODUCT, including the printed materials accompanying the SOFTWARE.
You may permanently transfer all of your rights under this License Agreement only as part of a permanent sale or transfer of the HARDWARE, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this License Agreement and, if applicable, the Certificate(s) of Authenticity), and the recipient agrees to the terms of this License Agreement. If the SOFTWARE PRODUCT is an upgrade, any transfer must also include all prior versions of the SOFTWARE PRODUCT.
Without prejudice to any other rights MikroTikls may terminate this License Agreement if you fail to comply with the terms and conditions of this License Agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
This License Agreement does not grant you any rights in connection with any trademarks or service marks of MikroTikls or its suppliers.
Licensee shall maintain accurate records as necessary to verify compliance with this Agreement. Licensor may conduct one or more audits to verify such compliance. Audits will be conducted during normal business hours. All audits shall be conducted at Licensor�s expense unless the results establish that Licensee has underpaid Licensor by more than 5% of the amount actually due, in which case Licensee shall pay all amounts due and bear the expense of the audit.
If the SOFTWARE PRODUCT is labeled as an upgrade package, you must be properly licensed to use a product identified by MikroTikls as being eligible for the upgrade package in order to use the SOFTWARE PRODUCT ("Eligible Product"). For the purpose of upgrade package products only, "HARDWARE" shall mean the computer system or computer system component with which you received the Eligible Product. A SOFTWARE PRODUCT labeled as an upgrade package replaces and/or supplements the Eligible Product. You may use the resulting upgraded product only in accordance with the terms of this License Agreement. If the SOFTWARE PRODUCT is an upgrade of a component of a package of SOFTWARE programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
If you receive your first copy of the SOFTWARE electronically, and a second copy on media, the second copy may be used for archival purposes only. This license does not grant you any right to any enhancement, update or upgrade. Rights to the SOFTWARE PRODUCT will be indicated on your invoice.
If the SOFTWARE PRODUCT is labeled as a "feature package" that required additional purchase, you must be properly licensed to use a product identified by MikroTikls as being eligible for the "feature package" in order to use the SOFTWARE PRODUCT ("Eligible Product"). For the purpose of "feature package", products only, "HARDWARE" shall mean the computer system or computer system component with which you received the Eligible Product. A SOFTWARE PRODUCT labeled as "feature package" replaces and/or supplements the Eligible Product. You may use the resulting SOFTWARE PRODUCT only in accordance with the terms of this License Agreement. If the SOFTWARE PRODUCT is an "feature package" of a component of a package of SOFTWARE programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
If you receive your first copy of the SOFTWARE electronically, and a second copy on media, the second copy may be used for archival purposes only. Rights to the SOFTWARE PRODUCT will be indicated on your invoice.
If the SOFWARE PRODUCT is authorized by MikroTikls as the Trial or Demo version, the Rights to the SOFTWARE cannot be transferred as described in Article 2 (b) of this License Agreement.
MikroTikls shall have no obligation to fix any defects, which arise from the use of Trial or Demo version program.
All title and intellectual property rights in and to the SOFTWARE PRODUCT, accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by MikroTikls or its suppliers. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. All rights not expressly granted under this License Agreement are reserved by MikroTikls SIA and its suppliers.
The SOFTWARE PRODUCT is protected by US copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for the Computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, lend or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
MikroTikls warrants that for a period of ninety (90) days from the days of acquisition, the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. MikroTikls does not warrant, however, that your use of the SOFTWARE will be uninterrupted or that the operation of the SOFTWARE will be error-free or secure and hereby disclaims any and all liability on account thereof. In addition, the security mechanisms implemented by the SOFTWARE have inherent limitations, and you must determine that the SOFTWARE sufficiently meets your requirements.
MikroTikls also warrants that the media containing the Software, if provided by MikroTikls, is free from defects in material and workmanship and will so remain for (90) days from the date you acquired the Software. MikroTikls� sole liability for any breach of this warranty shall be, in MikroTikls� sole discretion:
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY MIKROTIKLS. MIKROTIKLS MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OR CONDITION OF NONINFRIGEMENT OF THIRD PARTIES� RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU, NO MIKROTIKLS DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any modifications are made to the SOFTWARE by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be terminated. This warranty shall not apply if the SOFTWARE is used on or in conjunction with hardware or SOFTWARE other than the unmodified version of hardware and SOFTWARE with which the SOFTWARE was designed to be used as described in the Documentation.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MIKROTIKLS OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF MIKROTIKLS� LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION, EVEN IF MIKROTIKLS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION ORLIMITATION OF INCIDENTAL OR CONSEQUENTAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
You may not export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations.
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.
For license obligations below that require Mikrotikls to provide source code or other license obligations, you should contact Mikrotikls by mail at the following address:
MikroTikls SIAFor license obligations below that require responses by email, you should contact Mikrotikls SIA at: [email protected]
For license obligations below that require responses by telephone or fax, you should contact Mikrotikls SIA at: telephone +371 7317700, fax +371 7317701
To get a CD with the corresponding source code for the GPL-covered programs in this distribution, wire transfer $45 to MikroTikls SIA, Pernavas 46, Riga, LV-1009, Latvia. Please contact MikroTikls SIA for our current account information and wire transfer instructions. Offer valid until 2010. This CD will only include the source code of the following programs according to the license requirements. This CD will not include MikroTikls proprietary SOFTWARE.