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.