End-User License Agreement (EULA)

SOFTWARE PRODUCT: Cyber Intel Classification Banner (CICB)
PUBLISHER: ARKSOFT INC
DBA: CYBER INTEL SYSTEMS
Updated: 2024-01-30
Version: 1.04

IMPORTANT READ THOROUGHLY
This End-User License Agreement is a legal agreement between you (either an individual or an entity) and CYBER INTEL SYSTEMS (CIS) for the CIS product identified above, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). Any component included within the SOFTWARE PRODUCT that is accompanied by a separate End-User License Agreement shall be subject to the terms of that agreement and not the terms set forth below. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU ARE NOT AUTHORIZED TO INSTALL, COPY, OR OTHERWISE USE THE SOFTWARE PRODUCT; you may, however, return the SOFTWARE PRODUCT, along with all printed materials and other items that form a part of the CIS product that includes the SOFTWARE PRODUCT, to the place you obtained them for a full refund. CIS does not provides free support services, or help. You are solely and fully responsible for installing and using third-party licensed software from the download/CD/Flash Drive.

SOFTWARE PRODUCT LICENSE

The United States copyright laws, international copyright treaties, and other intellectual property laws and treaties protect the SOFTWARE PRODUCT. The licensing agreement for the SOFTWARE PRODUCT specifies that it is not sold. 

1. GRANT OF LICENSE

This EULA grants you the following rights: 

a. Software Product

You are granted the right to install and use one copy of the SOFTWARE PRODUCT on a single operating system. The primary user of the operating system on which the SOFTWARE PRODUCT is installed may create and use one secondary copy for their exclusive use on a portable device (e.g., a laptop). Both the primary and secondary copies require a valid license.

b. Storage/Network Use

You may store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, provided it is used only for installation or running the SOFTWARE PRODUCT on other computers within your internal network. However:

  1. You must acquire and dedicate a separate license for each computer on which the SOFTWARE PRODUCT is installed or run from the storage device.
  2. A license for the SOFTWARE PRODUCT cannot be shared or used concurrently on multiple computers.

 c. License Package

If you have acquired the SOFTWARE PRODUCT under a CIS License Package, you are authorized to make and use the number of copies of the SOFTWARE PRODUCT specified in your licensing agreement. Each copy must:

  1. Be installed and used in accordance with the terms of this EULA.
  2. Be accompanied by a valid license for each installation or use. You are also permitted to create and use corresponding secondary copies on portable devices, consistent with the terms outlined above.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS 

a. Limitations on Reverse Engineering, De-compilation, and Disassembly

You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law, notwithstanding this limitation. 

b. Separation of Components

The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer. Except for the open-source components listed in section 13 of this EULA.

c. Software Transfer:

i. Transfer – Internal 

You may move the SOFTWARE PRODUCT to a different computer or operating system on your premises. After the transfer, you must completely remove the SOFTWARE PRODUCT from the former computer.

ii. Transfer to Third Party

The initial user of the SOFTWARE PRODUCT may make a one-time transfer of the SOFTWARE PRODUCT to another end user. The transfer must include all component parts, media, printed materials, this EULA, and if applicable, the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment. The end-user receiving the transferred SOFTWARE PRODUCT must agree to all the EULA terms prior to installing, copying, or otherwise using the SOFTWARE PRODUCT.

iii. No Rental

You may not rent, lease, lend, or offer commercial hosting services to third parties using the SOFTWARE PRODUCT, unless you receive special permission from CIS. 

1. Termination

Without prejudice to any other rights, CIS may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such an event, you must destroy all copies of the SOFTWARE PRODUCT and all its component parts.     

2. Non-Profit Orignazaiton

If the SOFTWARE PRODUCT is categorized as “Non-Profit Organization” or “NPO,” you must be a “NPO User,” as defined at https://classificationbanner.org/npo. For any questions regarding qualification, please contact the CIS.

3. Not for Resale Software

SOFTWARE PRODUCT identified as “Not for Resale” or “NFR,” may not be resold, transferred, or used for any purpose other than demonstration, test, or evaluation.     

4. Consent to Use of Data

You agree that CIS and its affiliates may collect and use technical information gathered in any manner as part of the product support services provided to you, if any, related to the SOFTWARE PRODUCT. CIS may use this information solely to improve our products or to provide customized services or technologies to you. CIS may disclose this information to others, but not in a form that personally identifies you.

3. UPGRADES

To use a SOFTWARE PRODUCT labeled as an upgrade, you must first be licensed for the product identified by CIS as eligible for the upgrade. After upgrading, you may no longer use the product that formed the basis for your upgrade eligibility.

4. ADDITIONAL SOFTWARE/SERVICES

a. Basic Support Services (BSS)

Please refer to our Basic Support Services Policy (BSSP) for further details.

b. Technical Support Services (TSS)

Please refer to our Technical Support Service Agreement (TSSA) for further details.

c. Supplements

This EULA applies to additional software and updates of the SOFTWARE PRODUCT, including without limitation supplements, service packages, hot fixes, or add-on components (collectively “Supplements”) that CIS may provide to you or make available to you after the date you obtain your initial copy of the SOFTWARE PRODUCT unless we provide other terms along with such Supplements.

5. COPYRIGHT

All titles and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, SAMPLE CODE, REDISTRIBUTABLES, and “applets” incorporated into the SOFTWARE PRODUCT) and any copies of the SOFTWARE PRODUCT are owned by CIS or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single operation system provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

6. U.S. GOVERNMENT RESTRICTED RIGHTS

All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995, is provided with the commercial license rights and restrictions described elsewhere herein. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995, is provided with “Restricted Rights” as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR,48 CFR 252.227-7013 (OCT 1988), as applicable.

7. EXPORT RESTRICTIONS

You acknowledge that the SOFTWARE PRODUCT is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to these products, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by the U.S. and other governments. For additional information on exporting CIS products. (refer to Export Restrictions)

8. DISCLAIMER OF WARRANTY

To the maximum extent permitted by applicable law, CIS and its suppliers provide the SOFTWARE PRODUCT and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied, or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide support or other services, information, software, and related content through the SOFTWARE PRODUCT or otherwise arising out of the use of the SOFTWARE PRODUCT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE QUIET ENJOYMENT, QUIET POSSESSION CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE PRODUCT.

9. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CIS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE),STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF CIS OR ANY SUPPLIER, AND EVEN IF CIS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. LIMITATION OF LIABILITY AND REMEDIES

NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF CIS AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR $5.00 U.S. DOLLARS. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

11. APPLICABLE LAW, JURISDICTION, AND VENUE

If you acquired this SOFTWARE PRODUCT in the United States, this EULA is governed by the laws of the State of Washington. Any action or proceeding arising out of or relating to this Agreement, including any dispute over its validity, interpretation, performance, or breach, shall be brought exclusively in the courts of the state of Washington, and the parties hereby consent to the exclusive jurisdiction of such courts.

12. ENTIRE AGREEMENT

This EULA (including any addendum or amendment to this EULA which is included with the SOFTWARE PRODUCT) is the entire agreement between you and CIS relating to the SOFTWARE PRODUCT and support services (if any), and it supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the SOFTWARE PRODUCT or any other subject matter covered by this EULA. To the extent the terms of any CIS policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.

13. OPEN-SOURCE COMPONENTS AND LICENSES

13.1 Open-Source Components

The SOFTWARE PRODUCT includes open-source components that are licensed under their respective open-source licenses. By using this SOFTWARE PRODUCT, you acknowledge and agree to comply with the license terms of these open-source components. These components remain the property of their respective authors and are subject to the license terms outlined below.

Compoent NameVersionLicense TypeOfficial License Link
Qtv5.0LGPL v3Qt Licensing
NSSMv2.24Public DomainN/A
7-Zipv22.1LGPL + UnRAR Exception7-Zip License
PowerShellv5.1MIT LicensePowerShell License
OpenSSLv1.1OpenSSL LicenseOpenSSL License
OpenLDAP v2.5.19OpenLDAP Public LicenseOpenLDAP License
Inno Setupv6.4.0Inno Setup LicenseInno Setup License
Sodium Encryption Libraryv1.0.19ISC LicenseISC License
GNU Wgetv1.21.3GPL v3GNU General Public License

13.2 Open-Source License Details

Below are the license details for each open-source component used in this software.

Qt 5 is licensed under the GNU Lesser General Public License v3 (LGPL v3). Under LGPL v3:

  1. This software dynamically links to Qt libraries.
  2. You may replace or modify the Qt libraries.
  3. Source code for modifications to Qt must be made available if changed.

For full license details, visit:
🔗 https://www.qt.io/licensing/open-source-lgpl-obligations#lgpl

NSSM – Public Domain

NSSM (Non-Sucking Service Manager) is released into the public domain. It can be freely used, modified, and distributed without restrictions.

7-Zip is licensed under the GNU Lesser General Public License (LGPL) with the UnRAR exception:

  1. LGPL allows dynamic linking without requiring modifications to be open-sourced.
  2. The UnRAR exception means the software cannot be used to develop a compatible RAR compression tool.

For full license details, visit:
🔗 https://www.7-zip.org/license.txt

PowerShell is licensed under the MIT License, which allows:

  1. Free use, modification, and distribution.
  2. No obligation to release modified source code.
  3. License disclaimer for warranties.

For full license details, visit:
🔗 https://github.com/PowerShell/PowerShell/blob/master/LICENSE.txt

OpenSSL 3.0 is licensed under the OpenSSL License, which allows free use and distribution under the following conditions:

  1. You must acknowledge OpenSSL in documentation or legal notices.
  2. No warranties are provided.

For full license details, visit:
🔗 https://www.openssl.org/source/license.html

OpenLDAP is licensed under the OpenLDAP Public License, which is similar to the BSD license:

  1. Free use and modification are allowed.
  2. License notice must be preserved in all distributions.

For full license details, visit:
🔗 https://www.openldap.org/software/release/license.html

InnoSetup is licensed under the Inno Setup License, a permissive license similar to MIT/BSD:

  1. Free use and modification are allowed, including for commercial and non-commercial purposes.
  2. No attribution is required, but it is recommended as a courtesy.
  3. The license notice must be preserved in all distributions if you distribute modified versions.

For full license details, visit:
🔗 https://github.com/jrsoftware/isfaq/blob/main/license.txt

Sodium Encryption Library is licensed under the ISC License, which is a permissive open-source license similar to MIT:

  1. The ISC License allows free use, modification, and distribution, including for commercial purposes.
  2. Attribution is required, and the license notice must be preserved in all distributed copies.

For full license details, visit:
🔗https://github.com/jedisct1/libsodium/blob/master/LICENSE

GNU Wget is licensed under the GNU General Public License (GPL) v3:

  1. Allows free use, modification, and distribution, including for commercial purposes.
  2. Any modified or redistributed versions must also be licensed under the GPL v3.
  3. The source code must be made available when distributing Wget.

For full license details, visit:
🔗 https://www.gnu.org/licenses/gpl-3.0.html

For inquiries related to open-source license compliance, please contact: info+eula@cyberintelsystems.com