SOURCEFIRE, INC. VRT CERTIFIED RULES LICENSE AGREEMENT VERSION 1.1 THE VRT CERTIFIED RULES ARE LICENSED TO YOU BY SOURCEFIRE, INC. ("SOURCEFIRE") UNDER THE TERMS OF THIS VRT CERTIFIED RULES LICENSE AGREEMENT (THE "AGREEMENT"). BY CLICKING THE "ACCEPT" BUTTON BELOW, OR BY INSTALLING OR USING THE VRT CERTIFIED RULES, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK THE "ACCEPT" BUTTON, AND DO NOT INSTALL OR USE ANY PART OF THE VRT CERTIFIED RULES. 1. Definitions. 1.1. "Commercial Purpose" means the use, reproduction or distribution of (i) the VRT Certified Rules or any Modification, or any portion of the foregoing, or (ii) a Compilation that includes, in whole or in part, the VRT Certified Rules or any Modification that in either case is intended to result in a direct or indirect pecuniary gain or any other consideration or economic benefit to any person or entity involved in such use, reproduction or distribution. Examples of a Commercial Purpose, include without limitation, (v) integrating the VRT Certified Rules with other software or hardware for sale, (w) licensing the VRT Certified Rules for a fee, (x) using the VRT Certified Rules to provide a service to a third party, (y) selling the VRT Certified Rules, or (z) distributing the VRT Certified Rules for use with other products or other services. 1.2. "Compilation" means a work which combines the VRT Certified Rules or any Modification or portions thereof with any services, programs, code or other products not governed by the terms of this Agreement. 1.3. "Improvements" shall mean a Modification to a VRT Certified Rule (or to a modified VRT Certified Rule) that corrects a bug, defect, or error in such rule without affecting the overall functionality of such VRT Certified Rule (or Modification thereof). 1.4. "Modifications" means any alteration, addition to or deletion from the substance or structure of the VRT Certified Rules or any Modifications of such, including, without limitation, (a) any addition to or deletion from the contents of a file containing a VRT Certified Rule or a Modification; (b) any derivative of the VRT Certified Rule or of any Modification; or (c) any new file that contains any part of the VRT Certified Rule or Modifications. 1.5. "Permitted Use" shall have the meaning given such term in Section 2.1. 1.6. "Restricted Activities" shall have the meaning given such term in Section 2.1. 1.7. "Snort(r) Registered User" shall mean an individual who has registered or subscribed on www.snort.org to use the VRT Certified Rules. 1.8. "VRT Certified Rules" means those Snort(r) rules (in text form, source code form, object code form and all documentation related thereto) that have been created, developed, tested and officially approved by Sourcefire. These rules are designated with SIDs of 3465 - 1,000,000, except as otherwise noted in the license file. 1.9. "You" (or "your") means an individual exercising rights under this Agreement. For legal entities, "you'' includes any entity which controls, is controlled by, or is under common control with you or any such entity you are acting on behalf of. For purposes of this definition, "control'' means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than forty percent (40%) of the outstanding shares or beneficial ownership of such entity. 2. Sourcefire License Grant. 2.1. Grant of License; Permitted Use. Subject to the terms and conditions of this Agreement, Sourcefire hereby grants you a world-wide, non-exclusive license to do any of the following with respect to the VRT Certified Rules: (a) use and deploy the VRT Certified Rules on management consoles and sensors that you manage (over which you have administrative control); (b) use and deploy the VRT Certified Rules on behalf of your employer on its internal management consoles and sensors (e.g., where a valid employer-employee relationship exists between you and a legal entity); (c) modify the VRT Certified Rules and use those Modifications consistent with paragraphs (a) and (b) above; (d) distribute those VRT Certified Rules and any Modifications generally available to Snort(r) Registered Users on a limited basis to other Snort(r) Registered Users; (e) distribute any Improvement generally available to Snort(r) Registered Users on mailing lists commonly used by the Snort(r) user community as a whole; (f) reproduce the VRT Certified Rules as strictly necessary in exercising your rights under this Section 2.1; and (g) Make the VRT Certified Rules (or any Modification) available to your or your employer's consultants, agents and subcontractors for the limited purpose of exercising your rights under this Section 2.1 provided that such use is in compliance with this Agreement. Paragraphs (a) though (g) of this Section 2.1 are collectively referred to as the "Permitted Uses". All rights not granted under this Agreement are reserved by Sourcefire. 2.2. Limitations on License; Restricted Activities. You recognize and agree that the VRT Certified Rules are the property of Sourcefire, contain valuable assets and proprietary information and property of Sourcefire, and are provided to you under the terms and conditions of this Agreement. Notwithstanding anything to the contrary in this Agreement, You agree that you shall NOT do any of the following without Sourcefire's prior written consent: (a) use, deploy, perform, modify, license, display, reproduce or distribute the VRT Certified Rules or Modifications (even if merged with other materials as a Compilation) other than as allowed under a Permitted Use; (b) sell, license, transfer, rent, loan, use, modify, reproduce or disclose the VRT Certified Rules or any Modifications (in whole or in part and whether done independently or as part of a Compilation) for a Commercial Purpose; (c) post or make generally available any VRT Certified Rule (in whole or in part or any Modifications thereto) to individuals or a group of individuals who have not agreed to the terms and conditions of this Agreement, provided, however, that nothing in this Section 2.2(c) shall preclude the Permitted Use in Section 2.1(e); (d) share any user authentication information and/or password provided to you by Sourcefire with any third party to allow such party access your snort.org account or to otherwise access the VRT Certified Rules; (e) alter or remove any copyright notice or proprietary legend contained in or on the VRT Certified Rules. Paragraphs (a) though (e) of this Section 2.2 are collectively referred to as the "Restricted Activities"). 2.3. Reproduction Obligations. You agree that any embodiment of the VRT Certified Rules permitted under this Agreement will contain the notices set forth in Exhibit A. In addition, to the extent you make any copies of or distribute the VRT Certified Rules or any Modifications under this Agreement, you agree to ensure that any and all such copies shall contain: (a) a copy of an appropriate copyright notice and all other applicable proprietary legends; (b) a disclaimer of any warranty consistent with this Agreement; and (c) any and all notices referencing this Agreement and absence of warranties. 3. Modifications; Derivative Works. In the event you create a Modification, the use, reproduction and distribution of such Modifications shall be governed by the terms and conditions of this Agreement. Additionally, you hereby grant Sourcefire and any other licensee of the VRT Certified Rules an irrevocable, perpetual, fully paid-up, world-wide, royalty-free, non-exclusive license to use, reproduce, modify, display, perform and distribute such Modifications (and the source code thereto), provided, however, that you and any recipient of such Modifications must include: (a) the original copyright notice and all other applicable proprietary legends; (b) the original warranty disclaimer; (c) the original notices referencing this Agreement and absence of warranties; and (d) a prominent notice stating that you changed the VRT Certified Rule (or any Modification thereto) and the date of any change. 4. Distribution Obligations. 4.1. General. The source code version of the VRT Certified Rules (or any Modification thereof) may be distributed only under the terms of this Agreement, and you must include a copy of this Agreement with every copy of the VRT Certified Rules you distribute. 4.2. Required Notices. You must duplicate the notice in Exhibit A in each file of the source code. If it is not possible to put such notice in a particular source code file due to its structure, then you must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If you created one or more Modification(s) you may add your name as a contributor to the notice described in Exhibit A. You must also duplicate this Agreement in any documentation for the source code where you describe recipients' rights or ownership rights relating to the VRT Certified Rules. To the extent you offer additional warranty, support, indemnity or liability obligations, you may do so only on your own behalf, and not on behalf of Sourcefire. You must make it absolutely clear that any such warranty, support, indemnity or liability obligation is offered by you alone, and you hereby agree to indemnify and hold Sourcefire harmless for any liability incurred by Sourcefire as a result of any warranty, support, indemnity or liability terms you offer. 5. Inability to Comply Due to Statute or Regulation. If it is impossible for you to comply with any of the terms of this Agreement with respect to some or all of the VRT Certified Rules due to statute, judicial order, or regulation then you must: (a) comply with the terms of this Agreement to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included with all distributions of the source code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it. 6. Application of this Agreement. This Agreement also applies to code to which Sourcefire has attached the notice in Exhibit A and to related Modifications created under Section 3. 7. Versions of the Agreement. 7.1. New Versions. Sourcefire may publish revised and/or new versions of the Agreement from time to time. Each version will be given a distinguishing version number. 7.2. Effect of New Versions. Once a VRT Certified Rule has been published under a particular version of the Agreement, you may always continue to use it under the terms of that version. You may also choose to use such VRT Certified Rule under the terms of any subsequent version of the Agreement published by Sourcefire. No one other than Sourcefire has the right to modify the terms applicable to a VRT Certified Rule. 8. DISCLAIMER OF WARRANTY. THE VRT CERTIFIED RULES AND MODIFICATIONS IS ARE PROVIDED UNDER THIS AGREEMENT ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE VRT CERTIFIED RULES OR THE MODIFICATIONS ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE VRT CERTIFIED RULES AND MODIFICATIONS IS WITH YOU. SHOULD THE VRT CERTIFIED RULES OR MODIFICATIONS PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT SOURCEFIRE) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF ANY VRT CERTIFIED RULE OR ANY MODIFICATION IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 9. Termination. This Agreement and the rights granted hereunder will terminate automatically if you fail to comply with any or all of the terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the VRT Certified Rules, which are properly granted, shall survive any termination of this Agreement. Provisions which, by their nature, must remain in effect beyond the termination of this Agreement shall survive. 10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU OR SOURCEFIRE BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, SECURITY BREACHES OR FAILURES, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 11. Audit Rights. You will, from time to time and as requested by Sourcefire, provide assurances to Sourcefire that you are using the VRT Certified Rules consistent with a Permitted Use, and you grant Sourcefire access, at reasonable times and in a reasonable manner, to the VRT Certified Rules in your possession or control, and to your books, records and facilities to permit Sourcefire to verify appropriate use of the VRT Certified Rules and compliance with this Agreement. Sourcefire's non-exercise of this right, or its failure to discover or object to any inappropriate use or other breach of this Agreement by you, shall not constitute its consent thereto or waiver of Sourcefire's rights hereunder or under law. In the event your use of the VRT Certified Rules is not in compliance with a Permitted Use, or if you otherwise violate the terms of this Agreement, Sourcefire may, since remedies at law may be inadequate, in addition to its other remedies: (a) demand return of the VRT Certified Rules; (b) forbid and enjoin your further use of the VRT Certified Rules; (c) assess you the cost of Sourcefire's inspection and enforcement efforts (including attorney fees); and/or (d) assess you a use fee appropriate to your actual use of the VRT Certified Rules. 12. United States Government Users. If the VRT Certified Rules or Modifications are being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in the VRT Certified Rules and Modifications shall be subject to Sourcefire's standard commercial terms and only as set forth in this Agreement; and only with "Limited Rights" and "Restricted Rights" as defined the federal regulations if the commercial terms are deemed not to apply.. 13. Miscellaneous. This Agreement represents the complete agreement concerning subject matter hereof. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Maryland law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. Any litigation relating to this Agreement shall be subject to the jurisdiction of the state and Federal Courts serving Greenbelt, Maryland, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses. You hereby submit to jurisdiction and venue in such courts. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this Agreement. Headings and section references are used for reference only and shall not be used define, limit or describe such section. EXHIBIT A - VRT Certified Rules License Agreement The contents of this file are subject to the VRT Certified Rules License Agreement 1.1 (the "Agreement"). You may not use this file except in compliance with the Agreement. You may obtain a copy of the Agreement at www.snort.org. Software distributed under the Agreement is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the Agreement for the specific language governing rights and limitations under the Agreement. The developer of the VRT Certified Rules is Sourcefire, Inc., a Delaware corporation. Contributor: 2005(c) Sourcefire, Inc. All Rights Reserved. Snort(r), Sourcefire(tm), the Snort(r) logo and the Sourcefire logo are trademarks of Sourcefire. Note: A printer friendly version of this Agreement is available in PDF format.