NPCAP COPYRIGHT / END USER LICENSE AGREEMENT
Npcap is a Windows packet sniffing driver and library and is copyright
(c) 2013-2021 by Insecure.Com LLC ("The Nmap Project"). All rights
reserved.
Even though Npcap source code is publicly available for review, it is
not open source software and may not be redistributed without special
permission from the Nmap Project. The standard version is also
limited to installation on five systems. We fund the Npcap project by
selling two types of commercial licenses to a special Npcap OEM
edition:
1) Npcap OEM Redistribution License allows companies to redistribute
Npcap with their products.
2) Npcap OEM Internal Use License allows companies to use Npcap OEM
internally in excess of the free/demo version's normal 5-system
limitation.
Both of these licenses include updates and support as well as a
warranty. Npcap OEM also includes a silent installer for unattended
installation. Further details about Npcap OEM are available from
https://nmap.org/npcap/oem/, and you are also welcome to contact us at
sales@nmap.com to ask any questions or set up a license for your
organization.
Free and open source software producers are also welcome to contact us
for redistribution requests. However, we normally recommend that such
authors instead ask your users to download and install Npcap themselves.
If the Nmap Project (directly or through one of our commercial
licensing customers) has granted you additional rights to Npcap or
Npcap OEM, those additional rights take precedence where they conflict
with the terms of this license agreement.
Since the Npcap source code is available for download and review,
users sometimes contribute code patches to fix bugs or add new
features. By sending these changes to the Nmap Project (including
through direct email or our mailing lists or submitting pull requests
through our source code repository), it is understood unless you
specify otherwise that you are offering the Nmap Project the
unlimited, non-exclusive right to reuse, modify, and relicence your
code contribution so that we may (but are not obligated to)
incorporate it into Npcap. If you wish to specify special license
conditions or restrictions on your contributions, just say so when you
send them.
This copy of Npcap (the "Software") and accompanying documentation is
licensed and not sold. This Software is protected by copyright laws
and treaties, as well as laws and treaties related to other forms of
intellectual property. The Nmap Project owns intellectual property
rights in the Software. The Licensee's ("you" or "your") license to
download, use, copy, or change the Software is subject to these rights
and to all the terms and conditions of this End User License Agreement
("Agreement").
ACCEPTANCE
By accepting this agreement or by downloading, installing, using, or
copying the Software, or by clicking "I Agree", you agree to be bound
by the terms of this EULA. If you do not agree to the terms of this
EULA, do not install, use, or copy the Software.
LICENSE GRANT
This Agreement entitles you to install and use five (5) copies of the
Software. In addition, you may make archival copies of the Software
which may only be used for the reinstallation of the Software. This
Agreement does not permit the installation or use of more than 5
copies of the Software, or the installation of the Software on more
than five computer at any given time, on a system that allows shared
used of applications by more than five users, or on any configuration
or system of computers that allows more than five users. A user may
only have one instance of this Agreement active at once. For example,
downloading the software multiple times, downloading multiple versions
of the software, and/or executing the software installer multiple
times do not grant any additional rights such as using the software on
more machines.
The terms "computer" and "machine" in this license include any
computing device, including software computing instances such as
virtual machines and Docker containers.
Copies of Npcap do not count toward the five copy, five computer, or
five user limitations imposed by this section if they are installed
and used solely in conjunction with any of the following software:
o The Nmap Security Scanner, as distributed from https://nmap.org
o The Wireshark network protocol analyzer, as distributed from
https://www.wireshark.org/
o Microsoft Defender for Identity, as distributed from
https://www.microsoft.com/en-us/microsoft-365/security/identity-defender
Users wishing to redistribute Npcap or exceed the usage limits imposed
by this free license or benefit from commercial support and features
such as a silent installer should contact sales@nmap.com to obtain an
appropriate commercial license agreement. More details on our OEM
edition is also available from https://nmap.org/npcap/oem/.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This program is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
RESTRICTIONS ON TRANSFER
Without first obtaining the express written consent of the Nmap
Project, you may not assign your rights and obligations under this
Agreement, or redistribute, encumber, sell, rent, lease, sublicense,
or otherwise transfer your rights to the Software Product.
RESTRICTIONS ON USE
You may not use, copy, or install the Software Product on more than
five computers, or permit the use, copying, or installation of the
Software Product by more than five users or on more than five
computers.
RESTRICTIONS ON COPYING
You may not copy any part of the Software except to the extent that
licensed use inherently demands the creation of a temporary copy
stored in computer memory and not permanently affixed on storage
medium. You may make archival copies as well.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY THE NMAP PROJECT,
THE NMAP PROJECT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN
FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS
SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS
PROVIDED WITH THE SOFTWARE.
The Nmap Project makes no warranty that the Software will meet your
requirements or operate under your specific conditions of use. The
Nmap Project makes no warranty that operation of the Software Product
will be secure, error free, or free from interruption. YOU MUST
DETERMINE WHETHER THE SOFTWARE SUFFICIENTLY MEETS YOUR REQUIREMENTS
FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND
ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE TO
MEET YOUR REQUIREMENTS. THE NMAP PROJECT WILL NOT, UNDER ANY
CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY
COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL THE NMAP PROJECT, ITS DIRECTORS,
OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR
INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY
DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF
BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING,
PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE, WHETHER DUE TO A
BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF THE NMAP
PROJECT OR ANY OTHER PARTY, EVEN IF THE NMAP PROJECT IS ADVISED
BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE
APPLICABLE JURISDICTION LIMITS THE NMAP PROJECT'S ABILITY TO DISCLAIM
ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE
MAXIMUM EXTENT PERMITTED.
LIMITATIONS OF REMEDIES AND DAMAGES
Your remedy for a breach of this Agreement or of any warranty included
in this Agreement is the correction or replacement of the Software or
a refund of the purchase price of the Software, exclusive of any costs
for shipping and handling. Selection of whether to correct or replace
or refund shall be solely at the discretion of the Nmap Project. The
Nmap Project reserves the right to substitute a functionally
equivalent copy of the Software Product as a replacement.
Any claim must be made within the applicable warranty period. All
warranties cover only defects arising under normal use and do not
include malfunctions or failure resulting from misuse, abuse, neglect,
alteration, problems with electrical power, acts of nature, unusual
temperatures or humidity, improper installation, or damage determined
by the Nmap Project to have been caused by you. All limited warranties
on the Software Product are granted only to you and are
non-transferable.
You agree to indemnify and hold the Nmap Project harmless from all
claims, judgments, liabilities, expenses, or costs arising from your
breach of this Agreement and/or acts or omissions.
GOVERNING LAW, JURISDICTION AND COSTS
This Agreement is governed by the laws the United States of America
and Washington State, without regard to Washington's conflict or
choice of law provisions.
SEVERABILITY
If any provision of this Agreement shall be held to be invalid or
unenforceable, the remainder of this Agreement shall remain in full
force and effect. To the extent any express or implied restrictions
are not permitted by applicable laws, these express or implied
restrictions shall remain in force and effect to the maximum extent
permitted by such applicable laws.
THIRD PARTY SOFTWARE ATTRIBUTION
Npcap uses several 3rd party open source software libraries:
* The libpcap portable packet capturing library from https://tcpdump.org
* The Winpcap packet capturing library. It has been abandoned, but is
currently still available from https://www.winpcap.org/.
* The ieee80211_radiotap.h header file from David Young
All of these are open source with BSD-style licenses that allow for
unlimited use and royalty-free redistribution within other software
(including commercial/proprietary software). Some include a warranty
disclaimer (relating to the original authors) and require a small
amount of acknowledgment text be added somewhere in the documentation
of any software which includes them (including indirect inclusion
through Npcap).
The required acknowledgement text as well as full license text and
source details for these libraries is available from:
https://npcap.org/src/docs/Npcap-Third-Party-Open-Source.pdf .
Since Insecure.Com LLC is not the author of this 3rd party code, we
can not waive or modify it’s software copyright or license. Npcap
users and redistributors must comply with the relevant Npcap license
(either the free/demo license or a commercial Npcap OEM license they
may have purchased) as well as the minimal requirements of this 3rd
party open source software.
