NPCAP COPYRIGHT / END USER LICENSE AGREEMENT

Npcap (https://npcap.com) is a Windows packet sniffing driver and

library and is copyright (c) 2013-2023 by Nmap Software 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 or used in other

software without special permission from the Nmap Project. The

standard (free) version is usually 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) The Npcap OEM Redistribution License allows companies distribute

Npcap OEM within their products. Licensees generally use the Npcap OEM

silent installer, ensuring a seamless experience for end

users. Licensees may choose between a perpetual unlimited license or

a quarterly term license, along with options for commercial support and

updates. Prices and details: https://npcap.com/oem/redist.html

2) The Npcap OEM Internal-Use License is for organizations that wish

to use Npcap OEM internally, without redistribution outside their

organization. This allows them to bypass the 5-system usage cap of the

Npcap free edition. It includes commercial support and update options,

and provides the extra Npcap OEM features such as the silent installer

for automated deployment. Prices and details:

https://npcap.com/oem/internal.html

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://npcap.com/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. It will be free for them if they need 5 or fewer copies.

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 relicense 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://npcap.com/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 of the United States of America

and Deleware State, without regard to Delaware'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.com/src/docs/Npcap-Third-Party-Open-Source.pdf .

Since Nmap Software LLC is not the author of this 3rd party code, we

can not waive or modify its 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.