TENABLE NETWORK SECURITY, INC.
patchdiff2
SOFTWARE LICENSE AGREEMENT


This is a legal agreement ("Agreement") between Tenable Network Security, Inc., a Delaware corporation having offices at 
7063 Columbia Gateway Drive, Suite 100, Columbia, MD 21046 ("Tenable"), and you, the party licensing Software and obtaining 
the feed services ("You").  This Agreement covers your permitted use of the Software and the Services.  BY CLICKING 
BELOW YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND YOU ACKNOWLEDGE THAT YOU HAVE READ 
ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE LEGALLY 
BOUND BY THEM.  If You do not agree with the terms of this Agreement, You may not use the Software, as such term is 
defined below.  The Software can only be provided to You by Tenable.   The term "Agreement" includes any exhibits to the 
document.
1.	Grant of Software License.  
(a)	Grant.  Subject to the terms and conditions, and your acceptance, of this Agreement, Tenable 
grants to You a perpetual, non-exclusive, non-transferable license (the "License") in object 
code form to use the Software.
(b)	Definition of Software. The term "Software" means (i) patchdiff2 that You download from any 
Tenable website, including www.nessus.org, or obtain via CD or any other method; (ii) the 
associated user manuals and user documentation, if any, as well as any patches, updates, 
improvements, additions, enhancements and other modifications or revised versions of patchdiff2 
that may be provided to You by Tenable from time to time that were developed by Tenable
(c)	Maintenance and Support.  Tenable will not provide any maintenance or support services as 
part of this Agreement.

2.	Term.
This Agreement commences on the date on which You execute this Agreement or download, install or use the 
Software (whichever occurs first) (the "Effective Date") and continues until it is terminated according to the terms of this 
Agreement.
3.	Intellectual Property.  
This Agreement does not transfer to You any title to or any ownership right or interest in the Software.  You 
acknowledge that Tenable owns and retains all right, title and interest in and to the Software.  All enhancements, 
modifications and derivative works that Tenable makes to the Software or accompanying documentation, and all intellectual 
property rights therein, will be the property of Tenable.  Your rights with respect to the Software are limited to the right to use 
the Software pursuant to the terms and conditions in this Agreement.    
4.	Other Restrictions.  
You may not directly or indirectly: (i) sell, lease, redistribute or transfer any of the Software on a stand-alone basis; 
(ii) attempt to derive, obtain or modify the source code of the Software; (iii) reproduce, modify, translate or create derivative 
works of all or part any of the Software; (iv) rent, lease or loan the Software in any form to any third party or otherwise allow a 
third party to use the Software; or (v) remove, alter or obscure any proprietary notice, labels, or marks on the Software.  You 
may not sublicense any of the rights granted to You in this Agreement.  You may not distribute or otherwise provide Software 
to third parties.  You are responsible for all use of the Software and for compliance with this Agreement; any breach by You 
or any user using the Software on Your behalf shall be deemed to have been made by You

5.	Restrictions on Third Party Use and Access.
	You agree not to deliver or otherwise make available the Software, in whole or in part, to any party other than 
Tenable, except for purposes specifically related to Your use of the Software without Tenable's prior written consent. You 
agree to use Your best efforts and to take all reasonable steps to ensure that no unauthorized parties have access to the 
Software and that no unauthorized copy, publication, disclosure or distribution of the Software, in whole or in part, in any 
form is made by You or any third party.  You agree to notify Tenable of any unauthorized access to, or use, copying, 
publication, disclosure or distribution of, the Software.  You acknowledge that the Software contains valuable confidential 
information and trade secrets of Tenable or its affiliates and their licensors or suppliers, and that unauthorized access to, or 
use, copying, publication, disclosure or distribution of, the Software is harmful to Tenable or its affiliates and their licensors or 
suppliers.

6.	Warranty and Disclaimer and limitation of liability 
THE LICENSED MATERIALS ARE LICENSED "AS IS" AND NEITHER TENABLE NOR ITS AFFILIATES MAKE ANY 
WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED MATERIALS, INCLUDING 
ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY 
DISCLAIMED, AND ANY STATEMENTS OR REPRESENTATIONS TO THE CONTRARY MADE BY ANY PARTY OTHER THAN 
TENABLE ARE VOID.  ONLY TO THE EXTENT SUCH EXCLUSION OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY 
APPLICABLE LAW, THE DURATION OF SUCH IMPLIED WARRANTY IS LIMITED TO THIRTY (30) DAYS OR, IF LONGER, THE 
MINIMUM DURATION PERMITTED BY APPLICABLE LAW.  YOU ASSUME ALL RISK 
AS TO THE QUALITY, FUNCTION AND PERFORMANCE OF THE LICENSED MATERIALS, IN NO EVENT WILL 
TENABLE OR ANY OTHER PARTY THAT HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE 
LICENSED MATERIALS BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, RELIANCE, INCIDENTAL, CONSEQUENTIAL OR 
OTHER DAMAGES, INCLUDING LOSS OF BUSINESS OR PROFITS, LOSS OF OR DAMAGE TO DATA, INFORMATION OR 
SOFTWARE, OR INABILITY TO USE THE LICENSED MATERIALS, TO ANY PARTY EVEN IF TENABLE OR SUCH OTHER PARTY 
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states may not allow the exclusion or limitation of incidental or consequential damages, so the above 
limitations and exclusions may not apply to You.
7.	Exclusion Damages. 
UNDER NO CIRCUMSTANCES WILL TENABLE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR 
DIRECT (INCLUDING FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION AND OTHER 
CONTRACT OR TORT CLAIMS), INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES 
(INCLUDING NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION AND OTHER CONTRACT 
OR TORT CLAIMS; LOST PROFITS; OR ANY DAMAGES RESULTING FROM LOSS OF DATA, SECURITY BREACH, PROPERTY 
DAMAGE, LOSS OF REVENUE, LOSS OF BUSINESS OR LOST SAVINGS), ARISING OUT OF OR IN CONNECTION WITH THIS 
AGREEMENT, THE PERFORMANCE OF THE SOFTWARE OR OF ANY OTHER OBLIGATIONS RELATING TO THIS 
AGREEMENT, WHETHER OR NOT TENABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ARE 
SOLELY RESPONSIBLE AND LIABLE FOR VERIFYING THE SECURITY, ACCURACY AND ADEQUACY OF ANY OUTPUT FROM 
THE SOFTWARE, AND FOR ANY RELIANCE THEREON. 
8.	Additional Provisions Regarding Liability.  
The parties agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not 
be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional tortious or 
unlawful conduct or damages for strict liability that may not be limited by law.
9.	Indemnification.  
Each of the parties acknowledges and agrees that by entering into and performing its obligations under this 
Agreement, Tenable will not assume and should not be exposed to the business and operational risks associated with Your 
business.  Accordingly, You agree that you will, at your expense, indemnify, defend and hold Tenable harmless in all claims 
and actions that seek compensation of any kind for injury or death to persons and/or for damage to property, and that arise 
out of or relate to Your use of the Software  or the solutions You provide to a third party through Your use of the Software.  
You also agree to pay all settlements, costs, damages, legal fees and expenses finally awarded in all such claims and 
actions. 
10.	Legal Compliance; Restricted Rights.  
The Software are provided solely for lawful purposes and use.  You are solely responsible for, and agree to 
perform your obligations in a manner that complies with all applicable national, regional and local laws, statutes, 
ordinances, regulations, codes and other types of government authority (including those governing export control, unfair 
competition, anti-discrimination, false advertising, privacy and data protection, and publicity and those identifying and 
procuring required permits, licenses, approvals, and other consents) ("Laws").  If a charge is made that You are not 
complying with any such Laws, You will promptly notify Tenable of such charges in writing.  Without limiting the foregoing, 
You agree to comply with all U.S. export Laws and applicable export Laws of Your locality (if You are not in the United 
States), to ensure that no information or technical data provided pursuant to this Agreement is exported or re-exported 
directly or indirectly in violation of Law or without first obtaining all required authorizations or licenses.  You will, at Your sole 
cost and expense, obtain and maintain in effect all permits, licenses, approvals and other consents related to Your 
obligations under this Agreement.  You agree, at Your expense, to comply with all foreign exchange and other Laws 
applicable to You.  The Software is licensed subject to Tenable's standard commercial agreement; Software licensed for use 
by the United States government is provided with "Restricted Rights" only as defined in 48 C.F.R. 52.227-14 and 48 C.F.R. 
252.227-7014 if the commercial terms are deemed not to apply. 
11.	Termination.
(a)	You may terminate this Agreement at any time by destroying or returning to Tenable the 
Software, together with all copies, modifications and merged portions of the Software in any 
form.
(b)	This Agreement and Your License to use the Software shall terminate automatically if You fail to 
comply with any term or condition of this Agreement. Immediately after termination of this 
Agreement, You shall destroy or return to Tenable the Software, together with all copies, 
modifications and merged portions of the Software in any form, and shall certify to Tenable in 
writing that through Your best efforts and to the best of your knowledge all such materials have 
been destroyed or returned to Tenable and removed from host computers on which Software 
resided.
12.	Governing Law.  
This Agreement shall be governed in all respects by the laws of the State of Maryland, USA, without regard to 
choice-of-law rules or principles.  You expressly agree with Tenable that this Agreement shall not be governed by the U.N. 
Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 
13.	Dispute Resolution.  
You and Tenable submit to the exclusive jurisdiction of the courts of Howard County, Maryland and the United 
States District Court for Maryland, Baltimore Division, for any question or dispute arising out of or relating to this Agreement.  
Due to the high costs and time involved in commercial litigation before a jury, the parties waive all right to a jury trial with 
respect to any and all issues in any action or proceeding arising out of or related to this Agreement.  
14.	Notices.  
Any notices or other communication required or permitted to be made or given by either Party pursuant to this 
Agreement will be in writing, in English, and will be deemed to have been duly given when delivered if delivered personally 
or sent by recognized overnight express courier, to the address specified herein or such other address as Tenable may 
specify in writing.  All notices to Tenable shall be sent to the attention of the Legal Department (unless otherwise specified by 
Tenable). 
All notices shall be sent to:
Tenable Network Security
7063 Columbia Gateway Drive, Suite 100
Columbia, MD 21046
Attn: Legal Department
15.	Transfer and Assignment. 
You may not rent, lease, lend, sublicense or otherwise provide the Software to any third party. You may not assign 
or otherwise transfer this Agreement without Tenable's prior written consent.  You may use the Software to provide services 
to third parties as expressly provided in this Agreement.
16.	Publicity.
You will not use Tenable's company name or any trademarks, logos, service marks or other intellectual property, 
or refer to Tenable or any of its employees, in any form of advertising, publicity or release without the prior written approval 
of Tenable, which Tenable may withhold in its sole discretion. 
17.	Language.  
The language of this Agreement is English and all notices given under this Agreement must be in English to be 
effective.  No translation, if any, of this Agreement or any notice will be of any effect in the interpretation of this Agreement or 
in determining the intent of the parties.  The parties have expressly agreed that all invoices and related documents be 
drafted in English. 
18.	Third Parties.  
This Agreement is not intended nor will it be interpreted to confer any benefit, right or privilege in any person or 
entity not a party to this Agreement.  Any party who is not a party to this Agreement has no right under any Law to enforce 
any term of this Agreement.
19.	General.  
This Agreement constitutes the entire agreement between the parties, and supersedes all other prior or 
contemporaneous communications between the parties (whether written or oral) relating to the subject matter of this 
Agreement. No supplement, modification or amendment of this Agreement shall be binding, unless executed in writing by a 
duly authorized representative of each party to this Agreement.  The provisions of this Agreement will be deemed severable, 
and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions.  In addition, if 
any provision of this Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable 
provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic 
positions of the parties.  No failure or delay by a party in exercising any right, power or remedy will operate as a waiver of 
that right, power or remedy, and no waiver will be effective unless it is in writing and signed by the waiving party.  If a party 
waives any right, power or remedy, the waiver will not waive any successive or other right, power or remedy the party may 
have under this Agreement.  Any provision of this Agreement that imposes or contemplates continuing obligations on a party 
will survive the expiration or termination of this Agreement.  "Including" and its derivatives (such as "include" and "includes") 
mean including without limitation; this term is as defined, whether or not capitalized in this Agreement.






