SOURCEFIRE, INC. VRT CERTIFIED RULES LICENSE AGREEMENT VERSION 1.2 (December 12, 2006) THE VRT CERTIFIED RULES ARE LICENSED TO EACH LICENSEE BY SOURCEFIRE, INC. ("SOURCEFIRE") UNDER THE TERMS OF THIS VRT CERTIFIED RULES LICENSE AGREEMENT (THE "AGREEMENT"). BY CLICKING THE "ACCEPT" BUTTON BELOW, OR BY DOWNLOADING, INSTALLING OR USING THE RULES, EACH LICENSEE IS 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 DOWNLOAD, INSTALL OR USE ANY PART OF THE RULES. 1. Definitions. 1.1. "Commercial Purpose" means the use, reproduction or distribution, directly or indirectly, of the Rules or any Modification, or any portion of the foregoing, or a Compilation that includes, in whole or in part, the Rules or any Modification thereto 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 Rules with other software or hardware for sale, (w) licensing the Rules for a fee, (x) using the Rules to provide a service to a third party, (y) selling the Rules, or (z) distributing the Rules for use with other products or other services. 1.2. "Compilation" means a work which combines the 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 Rule (or to a Modified Rule) that corrects a bug, defect, or error in such Rule without affecting the overall functionality of such Rule (or Modification thereof). 1.4. "Licensee" means either a Subscriber or a Registered User. 1.5. "Modifications" or "Modified" 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 to the contents of a file containing a VRT Certified Rule or a Modification; (b) any derivative of the VRT Certified Rule or of any Modified VRT Certified Rule; or (c) any new file that contains any part of the VRT Certified Rule or Modified VRT Certified Rule. 1.6. "Registered User" shall mean an individual who has registered on www.snort.org to use the Registered User VRT Rules without a fee for such use. 1.7. "Registered User VRT Rules" means those VRT Certified Rules that are made generally available to snort.org registered users. 1.8. "Restricted Activities" shall have the meaning given such term in Section 2.3. 1.9. "Rules" shall mean both the Subscriber VRT Rules and the Registered User VRT Rules. 1.10. "Subscriber" shall mean an individual or entity who has registered as a subscriber on www.snort.org to use the Subscriber VRT Rules and who has paid the applicable license fees for such use. 1.11. "Subscriber VRT Rules" means those VRT Certified Rules distributed thirty (30) days in advance of a general release of the VRT Certified Rules for a fee. 1.12. "VRT Certified Rules" means specifically formulated network traffic characteristics and instructions in text form, source code form or object code form (including the structure, sequence, organization and syntax of such network traffic characteristics), and all documentation related thereto, that have been created, developed, tested and officially approved by Sourcefire. These rules are designated with SIDs of 3,465 - 1,000,000. 2. License Grant. 2.1. Subscriber VRT Rules License Grant. Only Subscribers may exercise the rights under this Section 2.1. Subject to the terms and conditions of this Agreement and in consideration of the license fee paid by a Subscriber, Sourcefire hereby grants to such Subscriber a world-wide, non-transferable, non sub-licensable, non-exclusive license to do any of the following with respect to the Subscriber VRT Rules: (a) download, install and use the Subscriber VRT Rules only on the maximum number of Snort(R) sensors subscribed to, and paid for, by such Subscriber; (b) Modify the Subscriber VRT Rules and install and use those Modified Subscriber VRT Rules consistent with paragraph (a); (c) reproduce the Subscriber VRT Rules as strictly necessary in exercising its rights under this Section 2.1; and (d) make the Subscriber VRT Rules (or any Modification) available to the Subscriber's consultants, agents and/or subcontractors for the limited purpose of exercising its rights under this Section 2.1, provided that such use is in compliance with this Agreement. A Subscriber may install and use only a single copy of the Subscriber VRT Rules or a single copy of the Modified Subscriber VRT Rules on a single Snort(R) sensor. Paragraphs (a) though (d) of this Section 2.1 are collectively referred to as the "Subscriber Permitted Uses". All rights not granted under this Agreement are reserved by Sourcefire. 2.2. Registered User VRT Rules License Grant. Subject to the terms and conditions of this Agreement, Sourcefire hereby grants each Registered User a world-wide, non-exclusive license to do any of the following with respect to the Registered User VRT Rules: (a) Download, install, use and deploy the Registered User VRT Rules on Snort(R) sensors that such Registered User manages (over which such Registered User has administrative control); (b) modify the Registered User VRT Rules and use those Modifications consistent with paragraph 2.1(a) above; (c) distribute the Registered User VRT Rules and any Modifications generally available to Registered Users on a limited basis to other Registered Users; (d) distribute any Improvement generally available to Registered Users on mailing lists commonly used by the Snort(R) user community as a whole; (e) reproduce the Registered User VRT Rules as strictly necessary in exercising the rights under this Section 2.2; and (f) Make the VRT Certified Rules (or any Modification) available to the Registered User's consultants, agents and subcontractors for the limited purpose of exercising its rights under this Section 2.2 provided that such use is in compliance with this Agreement. Paragraphs (a) though (g) of this Section 2.2 are collectively referred to as the "Registered User Permitted Uses". All rights not granted under this Agreement are reserved by Sourcefire. 2.3. Limitations on License; Restricted Activities. Each Licensee recognizes and agrees that the Rules are the property of Sourcefire, contain valuable assets and proprietary information and property of Sourcefire, and are provided to such Licensee under the terms and conditions of this Agreement. Notwithstanding anything to the contrary in this Agreement, each Licensee agrees that he, she or it shall NOT do any of the following without Sourcefire's prior written consent: (a) Download, use, install, deploy, perform, modify, license, display, reproduce, distribute or disclose the Rules or Modifications thereto (even if merged with other materials as a Compilation) other than as allowed under a Subscriber Permitted Use or a Registered User Permitted Use; (b) sell, license, transfer, rent, loan, download, use, install, deploy, perform, modify, reproduce, distribute or disclose the Rules or any Modifications thereto (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 Rule or any Modifications thereto (in whole or in part) 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 2.3(c) shall preclude the Permitted Use in Section 2.2(d); (d) share any user authentication information and/or password provided to a Licensee by Sourcefire with any third party to allow such party to access Licensee's snort.org account or to otherwise access the Rules; (e) alter or remove any copyright notice or proprietary legend contained in or on the Rules. Paragraphs (a) though (e) of this Section 2.3 are collectively referred to as the "Restricted Activities"). 2.4. Reproduction Obligations. Each Licensee agrees that any embodiment of the Rules permitted under this Agreement will contain the notices set forth in Exhibit A. In addition, to the extent a Licensee makes any copies of the Rules or any Modifications under this Agreement, each Licensee agrees 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 a Licensee creates a Modification, the use, reproduction and distribution of such Modifications shall be governed by the terms and conditions of this Agreement. Additionally, each Licensee hereby grants Sourcefire and any other Licensee of the Rules an irrevocable, perpetual, fully paid-up, world-wide, royalty-free, non-exclusive license to download, use, reproduce, modify, display, perform and distribute such Modifications (and the source code thereto), provided, however, that a Licensee 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 the Licensee changed the Rule (or any Modification thereto) and the date of any change. 4. Distribution Obligations. 4.1. General. The Registered User VRT Rules (or any Modification thereof) may be distributed only under the terms of this Agreement, and each Licensee must include a copy of this Agreement with every copy of the Registered User VRT Rules it distributes. Under no circumstance may a Subscriber distribute Subscriber VRT Rules. 4.2. Required Notices. Each Licensee must duplicate the notice in Exhibit A in each file of the Rules. If it is not possible to include such notice in a particular file due to its structure, then each Licensee 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 a Licensee creates one or more Modifications such Licensee may add his/her/its name as a contributor to the notice described in Exhibit A. Each Licensee must also duplicate this Agreement in any documentation for Rules or any Modification where such Licensee describes recipients. rights or ownership rights relating to the Rules. To the extent a Licensee offers additional warranty, support, indemnity or liability obligations, such Licensee may do so only on his/her/its own behalf, and not on behalf of Sourcefire. Each Licensee must make it absolutely clear that any such warranty, support, indemnity or liability obligation is offered by him/her/it alone, and such Licensee hereby agrees to indemnify and hold Sourcefire harmless for any liability incurred by Sourcefire as a result of any warranty, support, indemnity or liability terms offered by such Licensee. 5. Inability to Comply Due to Statute or Regulation. If it is impossible for a Licensee to comply with any of the terms of this Agreement with respect to some or all of the Rules due to statute, judicial order, or regulation then such Licensee must: (a) comply with the terms of this Agreement to the maximum extent possible; and (b) describe the limitations and the Rule affected. Such description must be included with all distributions of the Rules. 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 rules to which Sourcefire has attached the notice in Exhibit A and to related Modifications created under Section 3. 7. Representations and Warranties. Each Licensee represents and warrants that the information he/she/it provided to Sourcefire when registering as either a Registered User or a Subscriber is complete and accurate in all respects, and if any person is acting in a representative capacity, such person has the right, power and authority to so act. Each Subscriber further represents and warrants that the subscription categories selected (e.g., personal or business use) by such Subscriber accurately reflects such Subscriber's intended use of the Subscriber VRT Rules. 8. Versions of the Agreement. 8.1. New Versions. Sourcefire may publish revised and/or new versions of the Agreement from time to time. Each version of the Agreement will be distinguished by a version number. 8.2. Effect of New Versions. Once a Rule has been published under a particular version of the Agreement, a Licensee may always use the Rule under the terms of that version. A Licensee may also choose to use such 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 of the Agreement applicable to a Rule. 9. DISCLAIMER OF WARRANTY. THE RULES AND MODIFICATIONS 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 RULES OR THE MODIFICATIONS ARE FREE OF DEFECTS, MERCHANTABLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO PERFORMANCE OF THE RULES AND MODIFICATIONS IS WITH THE LICENSEE OR RECIPIENT. SHOULD THE RULES OR MODIFICATIONS PROVE DEFECTIVE IN ANY RESPECT, THE LICENSEE (NOT SOURCEFIRE) ASSUMES THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF ANY RULE OR ANY MODIFICATION IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSEE 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. 11. Termination. This Agreement and the rights granted hereunder will terminate automatically if the Licensee breaches any or all of the terms herein and fails to cure such breach within 30 days of becoming aware of the breach. Additionally, Sourcefire may terminate this Agreement for convenience at any time by providing the Licensee thirty (30) days notice. Provisions which, by their nature, must remain in effect beyond the termination of this Agreement shall survive. 12. United States Government Users. If the 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 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 the 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, 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. Each Licensee hereby submits 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 1.2 (the "Agreement"). You may not use this file except in compliance with the Agreement. You may obtain a copy of the Agreement at http://snort.org/about_snort/licenses/vrt_license.html. 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 Subscriber VRT Rules and the Registered User VRT Rules is Sourcefire, Inc., a Delaware corporation. Contributor: ________________________ 2005 - 2006 (C) Sourcefire, Inc. All Rights Reserved. SOURCEFIRE(R), SNORT(R), the Sourcefire logo, the Snort and Pig logo, SECURITY FOR THE REAL WORLD, SOURCEFIRE DEFENSE CENTER, SOURCEFIRE 3D, RNA and certain other trademarks and logos are trademarks or registered trademarks of Sourcefire, Inc. in the United States and other countries.