End-User License Agreement

Network MACMonitor

Important! Read the document below carefully before installing, copying and/or otherwise use the Network MACMonitor software.

By clicking "I ACCEPT", as well as by installing, copying or otherwise using this software means that you fully and unconditionally accept any and all conditions of this License Agreement.

This License Agreement (hereinafter the Agreement) contains the procedure and all the applicable conditions for use of the Network MACMonitor Software (hereinafter Software) by you (hereinafter the End User). According to the Agreement, Sviataslau Apanasionak (hereinafter the Licensor), as the owner of exclusive proprietary copyright for the Network MACMonitor Software, provides the End User (directly or through third parties) with a non-exclusive right of use for the Software, limited to the right to install, create backup copies, launch and use the Software according to terms and conditions provided herein (hereinafter the Simple Non-Exclusive License). This Agreement is considered signed from the moment of its acceptance by the End User. In the context of this Agreement "acceptance" means the End User clicking "I ACCEPT", as well as installing, copying or otherwise using this Software.

  1. Definitions

1.1. A Computer means a certain physical or virtual device with one or several CPU (central processing unit) cores, running a certain operating system.

1.2. A Port (network interface) means a physical or virtual device intended for the transfer of data between various pieces of software over a computer network.

1.3. A MAC Address means a unique identifier assigned to each network interface in Ethernet computer networks.

1.4. A Monitored Port means the port on which MAC addresses are monitored.

1.5. Internet Protocol (hereinafter IP) means the routable network level protocol of the TCP/IP stack.

1.6. IPv4 means the fourth version of the Internet Protocol (IP).

1.7. IPv6 means the sixth version of the Internet Protocol (IP).

1.8. An IP Address means the unique network address of a node in a computer network built based on the TCP/IP protocol stack.

1.9. IPv4 Address means IP Address in IPv4 networks.

1.10. IPv6 Address means IP Address in IPv6 networks.

1.11. Windows Management Instrumentation (hereinafter the WMI) means one of the basic technologies for centralized operation management and monitoring of various parts of a computer running the Microsoft Windows operating system.

1.12. A Monitored Computer means a computer queried via WMI for information on its name, the OS version, MAC and IP addresses and other data.

1.13. A License Activation File means the file intended for activation (launching in operable and fully functional state) of the Software.

1.14. A Browser means an application software intended for browsing web pages, contents of web documents and managing web applications.

1.15. The Current version of the End-User License Agreement (hereinafter the Current Version of the Agreement) means the version of the End-User License Agreement found in the Internet at: https://macmonitor.by/license.

1.16. The Licensor means a party to this License Agreement and the exclusive owner of the copyright to the Software that provides the other Party, i.e. the End User, the right of use for the Software within the limits established by this Agreement.

1.17. The End User means a party to this License Agreement, or any legal entity (organization) purchasing from the Licensor the License to use the Software within the limits established by this Agreement, for their own purposes and not for sale, as well as any actual user of the Software who is an employee of the above legal entity.

1.18. A Partner (hereinafter a Partner) means an individual or a legal entity that is granted by the Licensor the right to distribute copies of the Software and/or licenses for the Software to the End Users by means and methods provided in Partnership contracts.

  1. Subject of the Agreement

2.1. The subject of this Agreement is a simple non-exclusive License (or the Licensor granting to the End User the non-exclusive right of use for the Software, limited to the right to install, create backup copies, launch and use the Software according to the terms and conditions provided herein).

  1. Rights and Obligations of the Parties

3.1. Obligations of the Licensor:

3.1.1. the Licensor shall provide the End User with the non-exclusive right of use for the Software, limited to the right to install, create backup copies, launch and use the Software.

3.2. Rights of the Licensor:

3.2.1. the Licensor has the right to block the End User's access to the Software if the End User violates any conditions of this Agreement;

3.2.2. the Licensor has the right to modify any conditions of this Agreement unilaterally.

3.3. Obligations of the End User:

3.3.1. the End User shall use the Software according to the conditions of this Agreement.

3.4. Rights of the End User:

3.4.1. the End User has the right to use the Software in any country of the world according to the conditions of this Agreement and the laws in force in the country where the Software is being installed and used, as well as to the current requirements of international laws and treaties;

3.4.2. the End User has the right to choose the type of the License.

  1. Software Use Conditions and Limitations

4.1. The End User Shall Not:

4.1.1. Decompile and/or modify the Software, or reverse engineer its technology;

4.1.2. Rent or lease the Software out or give it for temporary use;

4.1.3. Provide the Software to any pledge holders;

4.1.4. Distribute the Software by any means;

4.1.5. Create any copies of the Software, except backup copies, or otherwise violate the Licensor's lawful exclusive rights to the Software;

4.1.6. Pass the License Activation files to any third parties;

4.1.7. Rent or lease out the Software, sublicense, transfer or assign the rights granted to the End User or any other rights related to the Software.

4.2. The Licensor offers several types of the Software use Licenses. The Software use procedure and the amount of License fees to be paid by the End User depend on the License type.

4.2.1. A Free License grants the End User the right to install the Software on one computer. A Free License grants the End User the right to use the Software on any number of computers via a Browser. A Free License limits the number of Monitored Ports and Monitored Computers (ten (10) Monitored Ports and ten (10) Monitored Computers).

4.2.2. A Trial License grants the End User the right to install the Software on one computer. A Trial License grants the End User the right to use the Software on any number of computers via a Browser. A Trial License is time-limited and has limitations regarding the number of Monitored Ports and Monitored Computers. The limits are set up through the License Activation File. Granting repeat Trial License is possible only subject to the Licensor's approval.

4.2.3. A Commercial License grants the End User the right to install the Software on one computer. A Commercial License grants the End User the right to use the Software on any number of computers via a Browser. The price and the term of a Commercial License depend on the License name. To be granted a Commercial License the End User shall sign a contract (agreement) with the Licensor or any of his Partners.

4.2.4. The Commercial Licenses name follows the pattern: nmm-pA-cB-tC-uD-sD, where is the number of Monitored Ports, B is the number of Monitored Computers, is the License term in months, D is the term of new Software versions and technical support provision in months. The minimum Commercial License term is 12 months.

4.2.5. Trial and Commercial Licenses are provided as License Activation Files via digital means of communication. One License Activation File can activate the Software on one computer.

4.2.6. To receive a Trial or Commercial License Activation File, the End User shall provide the Licensor with the following data: the name of the License, the name of the End User organization, the e-mail address of the contact person in the End User organization, IP addresses of the computer that the Software is installed on. The License Activation File will be provided to the e-mail address of the contact person in the End User organization.

4.2.7. The term of a Trial or a Commercial License starts with the License Activation File, if the Licensor does not approve otherwise.

4.2.8. A Commercial License grants the End User the right to technical support of the Software. The technical support term starts with the start of the Commercial License term.

4.2.9. The term for provision of new Software versions in relation to a Commercial License starts with the start of the Commercial License term.

4.2.10. A Commercial License is valid for all Software versions released during the term for provision of new Software versions.

4.2.11. A Commercial or a Trial License is tied to the IP addresses of the computer the Software is installed on, and the number of such addresses is limited. The limit is no more than one IPv4 Address and no more than two IPv6 Addresses. If the actual IP Addresses differ from those stated in the License Activation File, the number of Monitored Ports is limited to ten (10) and the number of Monitored Computers is limited to ten (10).

4.2.12. The End User with a Commercial License has the right to change the IP Addresses of the computer the Software is installed on and request a new License Activation File, not more often than every three months. In such cases the old License Activation File will be blocked and the License term, the term for provision of new Software versions and the technical support term will not change.

4.2.13. The End User has the right to increase the number of Monitored Ports and Monitored Computers under a Commercial License by replacing the License. To do that the End User only needs to pay the difference in price between the current and the new License. The difference in price is determined at the moment that the new license is purchased. In such cases the expiration date of the new License will be the expiration date for the current License, the end date for provision of new Software versions for the new License will be the end date for provision of new Software versions for the current License and the end date for the new License technical support will be the end date for the current License technical support. The End User will be provided with a new License Activation File for the new License, and the License Activation File for the current License will be blocked.

4.2.14. The End User has the right to extend the term of their current Commercial License for one year by paying the price of a new year-long Commercial License with the same number of Monitored Ports and Monitored Computers. The price is determined at the moment of the new License purchase. In such cases the new License term, term for provision of new Software versions and technical support term will be added to the remaining term, term for provision of new Software versions and technical support term for the current License, respectively. After the End User pays for the License extension, the End User will be provided with a new License Activation File that will be valid from the moment of its generation, and the current License Activation File will be blocked.

  1. Price and Payment Procedure

5.1. When purchasing or extending the term of a Commercial License the End User shall pay the fee the amount of which is stipulated in the contract (agreement) signed by and between the End User and the party effecting the transfer of rights.

  1. Warranty Limitations and Waiver of Liability

6.1. Technical support stipulated in this Agreement is provided as responses to questions sent to the e-mail address This email address is being protected from spambots. You need JavaScript enabled to view it..

6.2. The Licensor has the right to refuse provision of technical support to the End User until the Software is updated to its latest version.

6.3. The Licensor and/or his Partners are not responsible for any special, consequential, indirect or mediate damages or losses, lost profit or any other harm or damages (proprietary or otherwise) arising out of or in connection with use or impossibility of use the Software, or provision or lack of technical support.

6.4. Use, distribution or reproduction (replication) of the Software or any of its parts in violation of the terms of this Agreement, as well as any other violations of the Licensor's exclusive rights will be prosecuted to the full extent of the law. The law of the Republic of Belarus is the governing law of this Agreement.

  1. Dispute Resolution

7.1. Any disputes or disagreements that arise or might have arisen out of this Agreement shall be settled by negotiation between the Licensor and the End User. If the parties cannot settle any dispute through negotiation, any party has the right to pass such a dispute for settlement to a court at the Licensor's jurisdiction.

  1. Validity Term

8.1. This Agreement becomes valid at the moment of acceptance of the conditions here of and remains valid throughout the term established by the type of License chosen by the End User. If the validity term of a Commercial License is extended, this Agreement shall be automatically considered prolonged on conditions in force as of the prolongation moment.

8.2. If the End User violates any conditions hereof, the Licensor has the right to terminate this Agreement early and block the End User's access to the Software immediately without an obligation to notify the End User thereof.

  1. Other Conditions

9.1. In case of any discrepancies between this version of the Agreement and the Current version of the Agreement found at: https://macmonitor.by/license, the Current version shall prevail.

9.2. In case of the parties signing a separate hard copy contract, if any discrepancies are found between such hard copy contract, this version or the Current version of the Agreement, the hard copy shall prevail over both this version and the Current version of the Agreement.