path: root/licenses/MikroTik

MIKROTIKLS MIKROTIK SOFTWARE END-USER LICENCE AGREEMENT

Export Eligibility Requirements

By downloading any files from mikrotik.com, you agree to the following:

1. You, hereby undersigned, are aware and acknowledge that the products,
   all hardware, software and/or technology (collectively -"Products")
   purchased, obtained from “Mikrotīkls” Ltd. (In Latvian: SIA
   “Mikrotīkls”) a company registered in Latvia (14.03.1996., reg. No.
   40003286799) or its affiliates are subject to the sanctions imposed by
   European Union (EU), United Nations (UN), by USA (e.g., The Office of
   Foreign Assets Control of United States of America (OFAC)) or by another
   international organization, to which the Republic of Latvia is a member
   state, hereinafter – International Organization, and set by binding
   national and international laws on export control and economic sanctions,
   restrictions and/or set by the binding regulation on prevention of money
   laundering and terrorism financing.
2. You may not --directly or indirectly-- make available, provide, sell,
   export, reexport, transfer, divert, or otherwise dispose of any Products to
   any destination, entity, or person prohibited by the laws or regulations of
   the European Union (EU), United Nations (UN) and USA. EU sanctions and
   restrictions are based on Article 215 TFEU (Treaty on the Functioning of
   the European Union) and decisions adopted in the framework of the Common
   Foreign and Security Policy and these restrictions includes but are not
   limited to such countries and subjects as Burundi, Central African
   Republic, Democratic Republic of the Congo, Guinea, Iran (it is prohibited
   to export equipment or software intended for use in the monitoring or
   interception by the Iranian regime of the Internet and of telephone
   communications in Iran), Libya, North Korea, Somalia, Sudan, Syria, Crimea
   and Sevastopol (in response to the illegal annexation of Crimea and
   Sevastopol), Russian Federation, non-government controlled areas of Ukraine
   in the oblasts of Donetsk, Kherson, Luhansk and Zaporizhzhia (in response
   of Russia’s escalating war of aggression against Ukraine to the illegal
   annexation of these territories), Republic of Belarus, Venezuela and/or
   organizations, entities, persons specified and listed in the directives,
   Council decisions and regulation. Sanction regimes established by the
   national, USA and/or other International Organizations may
   expand/supplement states, persons and/or entities determined by the EU
   binding regulation. More information could be obtained:
   https://www.sanctionsmap.eu/#/main https://sanctionssearch.ofac.treas.gov/
   https://scsanctions.un.org/consolidated/
3. By accepting these Export eligibility requirements and acknowledge of
   trade compliance You assure that You or Your affiliated parties will not
   directly or indirectly export, re-export, transfer or release, make
   available any Products and/or any support related to the Products thereof
   to any destination, person, entity or end use prohibited or restricted
   under above described laws and imposed sanctions, restrictive measures
   without prior authorization of corresponding authorities required by
   regulation.
4. You acknowledge that other countries may have trade laws pertaining to
   the export, import, use, or distribution of Products, and that compliance
   with same is the responsibility of You. These Export eligibility
   requirements and acknowledgment of trade compliance shall survive the
   expiration or termination of any license agreements signed by You in
   connection with Products.
5. By accepting these Export eligibility requirements and acknowledge of
   trade compliance hereby declare that You have been informed and warned
   about Export eligibility requirements and acknowledge of trade compliance
   and You are liable for following its rules in good faith.
6. Moreover by downloading any files from mikrotik.com, you agree to the
   following:You are not a citizen, national or resident of, and are not under
   the control of, the government of any country to which the United States,
   European Union, Latvia or United Nations has prohibited export of technical
   information, such as : Cuba, Iran, Libya, North Korea, Sudan, Syria,
   Russian Federation, or Republic of Belarus. You will not download or
   otherwise export or re-export the software, directly or indirectly, to the
   above-prohibited countries nor to citizens, national or residents of those
   countries. You are not listed on the United States Department of Treasury
   list, list of European Union, Latvia or United Nations of Specially
   Designated Nationals, Specially Designated Terrorists, and Specially
   Designated Narcotics Traffickers, nor are you listed on the United States
   Department of Commerce Table of Denial Orders. You will not download or
   otherwise export or re-export the software, directly or indirectly, to
   persons on the above-mentioned lists. You will not use the software for,
   and will not allow the software to be used for, any purposes prohibited by
   law of European Union (EU), United Nations (UN), by USA (e.g., The Office
   of Foreign Assets Control of United States of America (OFAC)) or by another
   international organization, to which the Republic of Latvia is a member
   state , including, without limitation, for the development, design,
   manufacture or production of nuclear, chemical, or biological weapons of
   mass destruction.

MIKROTIKLS MIKROTIK SOFTWARE END-USER LICENCE AGREEMENT

MIKROTIK ROUTEROS 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 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.

1. GRANT OF LICENSE

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:

a. SOFTWARE Installation and Use.

   You may only install and use one copy of the SOFTWARE on the Computer.

b. Back-up Copy.

   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.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

a. You may not:
   * permit other individuals to use the SOFTWARE except under the terms
     listed in Article 1 "Grant of License" above;
   * modify, translate, reverse engineer, decompile, disassemble (except
     to the extent applicable laws specifically prohibit such restriction), or
     create derivative works based on the Software;
   * copy the Software; or
   * remove any proprietary notices or labels on the Software.

b. SOFTWARE PRODUCT Transfer.

   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.

c. Termination.

   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.

d. Trademarks.

   This License Agreement does not grant you any rights in connection with any
   trademarks or service marks of MikroTikls or its suppliers.

3. RECORDS; AUDIT

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.

4. UPGRADE PACKAGE

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.

5. FEATURE PACKAGE

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.

6. TRIAL or DEMO VERSION

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.

7. COPYRIGHT

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.

8. DUAL-MEDIA SOFTWARE PRODUCT.

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.

9. LIMITED WARRANTY

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:

a. to replace your defective media; or
b. to advise you how to achieve substantially the same functionality with
   the SOFTWARE as described in the Documentation; or
c. if the above remidies are impracticable, to refund the license fee you
   paid for the Software. Repaired, corrected, or replaced SOFTWARE and
   Documentation shall be covered by this limited warranty for the period
   under the warranty that covered the original SOFTWARE or if longer, for
   thirty (30) days after the date (a) of shipment to you of the repaired or
   replaced Software, or (b) MikroTikls advised you how to operate the
   SOFTWARE so as to achieve the functionality described in the Documentation.
   Only if you inform MikroTikls of your problem with the SOFTWARE during the
   applicable warranty period and provide evidence of the date you acquired
   the SOFTWARE will MikroTikls be obligated to honor this warranty.
   MikroTikls will use reasonable commercial efforts to repair, replace,
   advise, or refund pursuant to foregoing warranty within 30 days of being so
   notified.

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.

10. LIMITATION OF LIABILITY

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.

EXPORT REQUIREMENTS

You may not export or re-export the Software or any copy or adaptation in
violation of any applicable laws or regulations.

12. MISCELLANEOUS

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 SIA
attn: license compliance
Ūnijas iela 2
LV-1039, Riga
LATVIA

For license obligations below that require responses by email, you should
contact Mikrotikls SIA at: mt@mikrotik.com

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, Ūnijas iela 2, Riga,
LV-1039, Latvia. Please contact MikroTikls SIA for our current account
information and wire transfer instructions. Offer valid for three years from
the date of distribution of this software. This CD will only include the
source code of the following programs and any non-proprietary programs
distributed according to license requirements. This CD will not include
MikroTikls proprietary SOFTWARE.

The following list may or may not include all of the GNU/GPL software that is
included in the distribution. This list is not part of the GNU/GPL license
obligations. For GNU/GLP license obligations, you must follow the GNU/GPL
license procedures.

Package name License URL e2fsprogs GPL http://e2fsprogs.sourceforge.net/
linux kernel GPL http://www.kernel.org/
OpenSSL OpenSSL (BSD) http://www.openssl.org/
ppp PPP (BSD) ftp://metalab.unc.edu/pub/Linux/system/network/serial/ppp
racoon Raccon (BSD) http://www.kame.net/
SGI STL STL http://www.sgi.com/tech/stl/
OpenSSH OpenSSH http://www.openssh.org/
SYSLINUX GPL http://syslinux.zytor.com/
expat expat http://expat.sourceforge.net/
libsvg LGPL http://cairographics.org/libsvg
libsvg-cairo LGPL http://cairographics.org/libsvg-cairo
cairo MPL http://cairographics.org/
fontconfig Fontconfig http://www.fontconfig.org/wiki/
freetype Freetype http://www.freetype.org/
net-snmp Net-snmp http://net-snmp.sourceforge.net/
libcroco LGPL http://www.freespiders.org/projects/libcroco/
pango LGPL http://www.pango.org/
librsvg LGPL http://librsvg.sourceforge.net/
glib LGPL http://www.gtk.org/
gtk+ LGPL http://www.gtk.org/
ZeroTier ZeroTier BSL https://www.zerotier.com/

This software is based in part on the work of the Independent JPEG Group jpeg