Dynamic Network Services, Inc.
DYN(SM) UPDATER LICENSE AGREEMENT (“License” or “Agreement”)
(Last Updated December 1, 2016)
Note to user: In this document, “You” means the licensee of the Software and “Dyn” means Dynamic Network Services, Inc., the Licensor.
IMPORTANT–READ THESE TERMS CAREFULLY BEFORE DOWNLOADING THIS SOFTWARE. YOUR CLICKING ON THE ICON AT THE BUTTON MARKED “I AGREE” AND YOUR USE OF THIS SOFTWARE INDICATES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT DOWNLOADING THE SOFTWARE.
1. Use and Consent to Data Collection and Updates. Dyn grants You a personal, terminable, non-exclusive, non-transferable license to use one copy of the software program with which this license is distributed (the “Software”) including any documentation accompanying the Software (“Documentation”) for use on only one computer, in accordance with the terms of this License. Additionally, You (a) may only use the Software in connection with the dynamic domain name system service (DNS) or the InternetGuide (i.e., recursive DNS) service provided by Dyn; (b) may only use the Software in accordance with the terms of Dyn’s Acceptable Use Policy available at http://dyn.com/legal/acceptable-use-policy/;and (c) shall not, under any circumstances, use the Software with a dynamic domain name system service provided by a third party, and you agree that such use constitutes a material breach of this agreement.
In connection with your downloading of the Software, Dyn will deploy Dyn’s RUM Beacon to gather information about your internet performance and may give you the option to use Dyn’s recursive DNS servers. You can learn more about how Dyn gathers and uses information through these tools at: http://dyn.com/legal/ipm-tools-privacy-policy/. You accept and agree that your use of the Software will necessarily result in the creation of IP Address information and DNS use, performance, and routing information (“DNS Use Data”). You agree that Dyn shall (i) have the right, without further compensation to You, to retain and use the DNS Use Data to (a) improve the Software or Dyn’s other products or services, or (b) assist Dyn or its business partners in the development of current or future products or services and (ii) have the right to share aggregated and/or anonymized DNS Use Data with its business partners or other third parties.
DYN HAS ESTABLISHED A GLOBAL NETWORK PRESENCE AND MAY PROCESS DNS USE DATA ON OUR SERVERS IN MANY COUNTRIES AROUND THE WORLD, INCLUDING THE UNITED STATES. YOU AGREE THAT WE MAY PROCESS DNS USE DATA ON A SERVER LOCATED OUTSIDE THE COUNTRY WHERE YOU RESIDE.
YOU ADDITIONALLY ACKNOWLEDGE AND AGREE THAT THE SOFTWARE MAY FROM TIME TO TIME AUTOMATICALLY DOWNLOAD AND INSTALL SOFTWARE UPDATES, FIXES, PATCHES AND ENHANCEMENTS.
2. Restrictions. You may use the Software only on a single computer (the “Designated Computer”). You may make one (1) copy of the Software for back-up or archival purposes only (the “Archival Copy”). If the Software is installed in a corporate or network environment it shall be used by no more than one (1) user unless a different number of authorized copies or users of the Software is provided for in a separate written agreement with Dyn. YOU MAY NOT: (a) copy the Software or accompanying documentation, except as provided above, (b) reverse engineer, disassemble, decompile, translate or adapt (for use with third party services or otherwise) the Software or Documentation, (c) modify, translate, distribute or prepare derivative works based on the Software or Documentation, or any part thereof; (d) remove any proprietary notices, labels, or marks on the Software or Documentation; (e) publish, display, disclose, distribute, rent, loan, lease, sublicense, transfer or make available all or any portion of the Software or Documentation to any other person or entity, or (f) use the Software or Documentation outside the country of acquisition. Distribution of this software via the Internet, wide area networks (WANs), bulletin board systems or any other means of distribution of any kind is expressly prohibited unless a duly authorized representative of Dyn consents in writing to such distribution. Any assignment of this Agreement or any of Your rights hereunder is strictly prohibited and shall be void.
3. Nature of rights. YOU HAVE NO OWNERSHIP RIGHTS IN THE SOFTWARE OR ANY DOCUMENTATION ASSOCIATED THEREWITH. RATHER, YOU HAVE A LICENSE TO USE THE SOFTWARE AND ANY ASSOCIATED DOCUMENTATION AS LONG AS THIS AGREEMENT REMAINS IN FULL FORCE AND EFFECT. THIS LICENSE IS NOT A SALE. TITLE, COPYRIGHTS, AND ALL OTHER OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS IN AND TO THE SOFTWARE, ANY DOCUMENTATION ASSOCIATED THEREWITH AND ANY COPY OF THE SAME MADE BY YOU REMAIN WITH DYN AND/OR ITS LICENSORS. The Software and the Documentation, if any, contain material that is protected by United States copyright laws and trade secret laws, and by international treaties. All rights not granted to You herein are expressly reserved by Dyn. You may not remove any proprietary notices of Dyn from any copy of the Software or any Documentation associated therewith.
4. Confidentiality. The Software contains confidential and proprietary trade secrets of Dyn, and You may use the Software only pursuant to the license set forth herein. In addition, You shall not disclose the Software or Documentation, or any part thereof, to any third party.
5. DISCLAIMER OF WARRANTIES. NOTE: IF YOU ARE A CUSTOMER WHO IS A CONSUMER (SOMEONE WHO USES THE SOFTWARE OUTSIDE OF YOUR TRADE, BUSINESS OR PROFESSION), YOU MAY HAVE LEGAL RIGHTS IN YOUR COUNTRY OF RESIDENCE WHICH WOULD PROHIBIT THE FOLLOWING LIMITATIONS FROM APPLYING TO YOU, AND WHERE PROHIBITED THEY WILL NOT APPLY TO YOU.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE AND ANY DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. DYN EXPRESSLY DISCLAIMS, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ALL OTHER WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ABSENCE OF LIEN, ENCUMBRANCE OR SECURITY INTEREST, QUIET ENJOYMENT, AND NON-INFRINGEMENT. DYN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND, EXCEPT AS OTHERWISE PROVIDED HEREIN, YOU (AND NOT DYN) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR AND/OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY IMPLIED WARRANTIES ARE DEEMED TO EXIST UNDER APPLICABLE LAW, THEY ARE HEREBY EXPRESSLY LIMITED IN DURATION TO THE DURATION OF ANY EXPRESS WRITTEN WARRANTY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. LIMITATION OF REMEDIES. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DYN, ITS AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES SHAREHOLDERS, REPRESENTATIVES OR AGENTS, OR THEIR RESPECTIVE SUCCESSORS, ASSIGNS, HEIRS, OR ESTATES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOST DATA, LOSS OF BUSINESS INFORMATION, HARM TO REPUTATION, AND THE LIKE), OR ENHANCED, EXEMPLARY OR PUNITIVE DAMAGES, ARISING IN ANY WAY OUT OF OR CONNECTED WITH THE SOFTWARE OR DOCUMENTATION, OR THE POSSESSION, USE, INABILITY TO USE, OR MALFUNCTION OF THE SOFTWARE OR DOCUMENTATION, INCLUDING WITHOUT LIMITATION DAMAGE TO PROPERTY AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAMAGES FOR BODILY OR PERSONAL INJURY, EVEN IF DYN OR ANY DYN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7. Termination of Agreement; Withdrawal of Consent. If You breach any material term of this Agreement, or no longer agree to the terms of this Agreement, the Agreement shall automatically terminate and You shall immediately, fully, completely and irretrievably remove the Software from the Designated Computer and immediately, fully, completely and irretrievably destroy all copies of the Software and Documentation, including the original and Your Archival Copy. More information on removing the Software can be found at https://help.dyn.com/. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Agreement.
8. United States Government End Users. The Software and any associated documentation are “Commercial Item(s),” as that term is defined at 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§ 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. You agree that when you license the Software for acquisition by the U.S. Government, or any sub-unit or contractor therefore, you will license it consistent with the policies set forth in 48 C.F.R. Section 12.212 (for civilian agencies) and 48 C.F.R. §§ 227-7202-1 and 227-7202-4 (for the Department of Defense).
9. Dyn reserves all of its U.S. and international intellectual property rights relating to the Software that are not expressly granted within this Agreement.
10. THIS AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY AND ALL LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF THE SOFTWARE OR INFORMATION ABOUT THE SOFTWARE THAT MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. YOU SHALL NOT EXPORT THE SOFTWARE, DOCUMENTATION, OR INFORMATION ABOUT THE SOFTWARE AND DOCUMENTATION, WITHOUT CONSENT OF DYN AND COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS.
11. Governing Law. This Agreement shall be governed by the laws of the State of New Hampshire without regard to its conflicts of law provisions. Neither the Uniform Computer Information Transaction Act (“UCITA”) nor the provisions of the United Nations Convention on the International Sale of Goods shall apply to this Agreement. Any dispute arising under this agreement shall be resolved exclusively by the state and federal courts located in the State of New Hampshire, and You hereby consent to the exclusive personal jurisdiction of, and venue in, such courts.
12. Severability. If any provision of this Agreement are determined by a court to be invalid, illegal or unenforceable, such determination shall not impair or affect the validity, legality or enforceability of the remaining provisions of the relevant agreement, and each provision, or portion thereof, is hereby declared to be separate, severable and distinct and the parties shall use their best efforts to agree upon a substitute provision that comports as closely as possible with the intent and effect of the stricken provision, failing which the court shall construe the relevant agreement to as closely as possible achieve the intention of the parties had the stricken provision remained.
13. Entire License and Waiver. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and may not be waived or modified except in writing by a duly authorized Dyn representative.
Dynamic Network Services, Inc.
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Appendix A: Third-Party Licenses
This appendix contains licensing information about third-party products included with the Dyn Updater.
Dyn acknowledges that the following third-party proprietary and open source software are used in the provided programs covered by this documentation.
This product uses PySide v 1.2.1 and 1.1.2, each located at http://dyn.com/legal/open-source/ in source form, which is licensed under the LGPL v. 2.1, a copy of which appears below.
GNU Lesser General Public License
Version 2.1, February 1999
Copyright (C) 1991, 1999 Free Software Foundation, Inc. 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
[This is the first released version of the Lesser GPL. It also counts as the successor of the GNU Library Public License, version 2, hence the version number 2.1.]
The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public Licenses are intended to guarantee your freedom to share and change free software–to make sure the software is free for all its users.
This license, the Lesser General Public License, applies to some specially designated software packages–typically libraries–of the Free Software Foundation and other authors who decide to use it. You can use it too, but we suggest you first think carefully about whether this license or the ordinary General Public License is the better strategy to use in any particular case, based on the explanations below.
When we speak of free software, we are referring to freedom of use, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish); that you receive source code or can get it if you want it; that you can change the software and use pieces of it in new free programs; and that you are informed that you can do these things.
To protect your rights, we need to make restrictions that forbid distributors to deny you these rights or to ask you to surrender these rights. These restrictions translate to certain responsibilities for you if you distribute copies of the library or if you modify it.
For example, if you distribute copies of the library, whether gratis or for a fee, you must give the recipients all the rights that we gave you. You must make sure that they, too, receive or can get the source code. If you link other code with the library, you must provide complete object files to the recipients, so that they can relink them with the library after making changes to the library and recompiling it. And you must show them these terms so they know their rights.
We protect your rights with a two-step method: (1) we copyright the library, and (2) we offer you this license, which gives you legal permission to copy, distribute and/or modify the library.
To protect each distributor, we want to make it very clear that there is no warranty for the free library. Also, if the library is modified by someone else and passed on, the recipients should know that what they have is not the original version, so that the original author’s reputation will not be affected by problems that might be introduced by others.
Finally, software patents pose a constant threat to the existence of any free program. We wish to make sure that a company cannot effectively restrict the users of a free program by obtaining a restrictive license from a patent holder. Therefore, we insist that any patent license obtained for a version of the library must be consistent with the full freedom of use specified in this license.
Most GNU software, including some libraries, is covered by the ordinary GNU General Public License. This license, the GNU Lesser General Public License, applies to certain designated libraries, and is quite different from the ordinary General Public License. We use this license for certain libraries in order to permit linking those libraries into non-free programs.
When a program is linked with a library, whether statically or using a shared library, the combination of the two is legally speaking a combined work, a derivative of the original library. The ordinary General Public License therefore permits such linking only if the entire combination fits its criteria of freedom. The Lesser General Public License permits more lax criteria for linking other code with the library.
We call this license the “Lesser” General Public License because it does Less to protect the user’s freedom than the ordinary General Public License. It also provides other free software developers Less of an advantage over competing non-free programs. These disadvantages are the reason we use the ordinary General Public License for many libraries. However, the Lesser license provides advantages in certain special circumstances.
For example, on rare occasions, there may be a special need to encourage the widest possible use of a certain library, so that it becomes a de-facto standard. To achieve this, non-free programs must be allowed to use the library. A more frequent case is that a free library does the same job as widely used non-free libraries. In this case, there is little to gain by limiting the free library to free software only, so we use the Lesser General Public License.
In other cases, permission to use a particular library in non-free programs enables a greater number of people to use a large body of free software. For example, permission to use the GNU C Library in non-free programs enables many more people to use the whole GNU operating system, as well as its variant, the GNU/Linux operating system.
Although the Lesser General Public License is Less protective of the users’ freedom, it does ensure that the user of a program that is linked with the Library has the freedom and the wherewithal to run that program using a modified version of the Library.
The precise terms and conditions for copying, distribution and modification follow. Pay close attention to the difference between a “work based on the library” and a “work that uses the library”. The former contains code derived from the library, whereas the latter must be combined with the library in order to run.
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License Agreement applies to any software library or other program which contains a notice placed by the copyright holder or other authorized party saying it may be distributed under the terms of this Lesser General Public License (also called “this License”). Each licensee is addressed as “you”.
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END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Libraries
If you develop a new library, and you want it to be of the greatest possible use to the public, we recommend making it free software that everyone can redistribute and change. You can do so by permitting redistribution under these terms (or, alternatively, under the terms of the ordinary General Public License).
To apply these terms, attach the following notices to the library. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the “copyright” line and a pointer to where the full notice is found.
This library is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version.
This library 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. See the GNU Lesser General Public License for more details.
You should have received a copy of the GNU Lesser General Public License along with this library; if not, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
Also add information on how to contact you by electronic and paper mail.
You should also get your employer (if you work as a programmer) or your school, if any, to sign a “copyright disclaimer” for the library, if necessary. Here is a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the library `Frob’ (a library for tweaking knobs) written by James Random Hacker.
signature of Ty Coon, 1 April 1990
Ty Coon, President of Vice
That’s all there is to it!