Terms of Use
Standard Terms and Conditions — the software license agreement for Wanguard and Wansight. Last updated: 16 August 2026.
- 1. Agreement and Acceptance
- 2. Definitions
- 3. Grant of License
- 4. Trial Licenses
- 5. License Restrictions
- 6. License Keys
- 7. Updates, Upgrades and Support
- 8. Intellectual Property Rights
- 9. Third-Party and Open-Source Software
- 10. Warranty and Disclaimer
- 11. Limitation of Liability
- 12. Verification
- 13. Termination
- 14. Confidentiality
- 15. General
1. Agreement and Acceptance
1.1. Parties. This Agreement is a binding contract between Andrisoft SRL, Str. Proclamatia de la Timisoara, Nr. 5/A, C26, 300054 Timisoara, Romania ("Andrisoft") and the person or legal entity that acquires a license to the Software ("Licensee"). If you accept this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and "Licensee" refers to it.
1.2. Acceptance. Licensee accepts this Agreement by ticking the acceptance box when placing an Order, or by downloading, installing or using the Software, whichever occurs first. In consideration of the mutual promises and upon the terms and conditions set forth below, the parties agree as follows.
2. Definitions
2.1. Software. "Software" shall mean the Andrisoft Wanguard and Wansight software and any embedded runtime programs of Andrisoft's licensors, including all copies in whole or in part, backups, related documentation and user manuals ("Documentation"), and any patches, bug fixes, workarounds, Updates, Upgrades and enhancements subsequently provided by Andrisoft pursuant to the terms of this Agreement.
2.2. Order. "Order" shall mean an order for Software licenses or services placed by Licensee through the Andrisoft online store, or a quotation or purchase order accepted by Andrisoft in writing, identifying the licensed products, the Licensed Capacity, the License Term and the applicable fees.
2.3. Licensed Capacity. "Licensed Capacity" shall mean the number and type of Software components licensed under an Order — for example Packet Sensors, Flow Sensors, Filters or DPDK engine instances. Unless stated otherwise on the applicable product page or Order, the Console and Sensor Clusters do not require a separate license, and there is no limit on the number of Licensee's personnel who may use the Software within the Licensed Capacity.
2.4. License Term. "License Term" shall mean the licensing period selected in the Order, as reflected in the validity date of the License Key.
2.5. License Key. "License Key" shall mean the identification code or key file issued by Andrisoft that activates the Software up to the Licensed Capacity for the License Term.
2.6. Update. "Update" shall mean a release of the Software that corrects faults or otherwise improves an existing version, including maintenance releases and, while a license is active, new versions of the Software that Andrisoft makes generally available to its licensees.
2.7. Upgrade. "Upgrade" shall mean a license for a different or larger product configuration — for example additional Licensed Capacity or a different product edition — acquired under a new Order, where applicable at a discounted price.
2.8. Support Terms. "Support Terms" shall mean the description of Andrisoft's support services published at www.andrisoft.com/support/terms, as applicable to the support level included with or purchased for Licensee's licenses.
3. Grant of License
3.1. License Grant. Subject to the terms and conditions of this Agreement and payment of the applicable license fees, Andrisoft grants to Licensee a nonexclusive, nontransferable, non-assignable license, for the duration of the License Term, to install and use the Software for Licensee's internal business purposes, limited to the Licensed Capacity for which license fees have been paid. Licensee shall ensure that its employees and contractors who use the Software comply with this Agreement. This is a license agreement and not an agreement for sale: the Software is licensed, not sold, and all rights not specifically granted are reserved to Andrisoft.
3.2. Delivery. The Software and Documentation are delivered electronically, by download from www.andrisoft.com and the Andrisoft software repositories. No physical delivery takes place. License Keys are delivered electronically pursuant to Section 6.
3.3. Copies. Licensee may make copies of the Software only to the extent reasonably necessary (i) to install and use the Software within the Licensed Capacity; and (ii) for archival and back-up purposes. Licensee agrees to hold the Software in confidence and to take reasonable steps to prevent unauthorized disclosure.
3.4. License Fee. In consideration of the license granted in this Agreement, Licensee agrees to pay Andrisoft the license fee specified in the Order according to its payment terms. Orders placed through the online store are additionally subject to the Refund and Return Policy.
4. Trial Licenses
4.1. Evaluation. Andrisoft offers free 30-day trial licenses so that prospective licensees can evaluate the Software before purchase. A trial license may be used solely to evaluate the Software internally and not for production reliance, resale or any commercial service to third parties. Trial License Keys expire automatically at the end of the trial period.
4.2. Trial Disclaimer. TRIAL LICENSES ARE PROVIDED "AS IS", WITHOUT ANY WARRANTY OR SUPPORT COMMITMENT; ANY ASSISTANCE DURING A TRIAL IS PROVIDED AT ANDRISOFT'S DISCRETION. SECTIONS 5, 8, 9, 10.3, 11 AND 14 APPLY TO TRIAL LICENSES.
5. License Restrictions
5.1. Restrictions. Licensee shall not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software, except to the extent expressly permitted by applicable law and to the extent the parties may not be permitted by that applicable law to exclude or limit such rights. Information relating to the Software necessary to enable the production of interoperable software shall be available from Andrisoft on request. Licensee may only use the embedded runtime programs of Andrisoft's licensors with and as a part of the Software, and is prohibited from using such embedded runtime programs for application development purposes or otherwise outside the scope defined in Section 3.1. Licensee shall take all reasonable precautions to prevent third parties from using the Software in any way that would constitute a breach of this Agreement, including, without limitation, such precautions as Licensee would otherwise take to protect its own proprietary software, hardware or information.
5.2. Third Parties. Licensee shall not:
- (i) publish, sell, rent, lease, sublicense, transfer, resell or otherwise distribute the Software or the License Key to any third party;
- (ii) host the Software for access by any person outside Licensee's organization, or make any part of the Software accessible on any computer network external to Licensee's network;
- (iii) offer the Software in connection with timesharing, facility management or service bureau usage, or offer or sell commercial services utilizing the Software, without written consent obtained from Andrisoft;
- (iv) use the Software to develop or modify applications on behalf of any third party;
- (v) provide or make available the License Key to any third party by any means; Licensee undertakes to take such steps as are necessary to protect the License Key against unauthorized use;
- (vi) prevent Andrisoft and its distributors from employing technical means to check that the use of the Software conforms to the terms of this Agreement.
Should multiple use of a License Key be detected, Andrisoft is entitled to damages for the prejudice suffered and may terminate Licensee's use of the Software without any compensation.
6. License Keys
6.1. Activation. Licensee acknowledges that the Software must be activated by a License Key. License Keys are delivered by e-mail or through the Andrisoft website and customer portal, and may be bound to the hardware on which the Software is installed. Licensee agrees to hold License Keys in confidence and to take reasonable steps to prevent disclosure.
6.2. Re-issue. Licensee may re-request a current License Key at any time free of charge through the customer portal. Replacement License Keys for hardware changes are issued through the customer portal in accordance with Andrisoft's then-current procedures. A re-issued License Key replaces the previous key, which shall no longer be used.
7. Updates, Upgrades and Support
7.1. Updates and Support. During an active License Term, Andrisoft makes Updates available to Licensee at no additional charge and provides support at the level included with, or separately purchased for, Licensee's licenses, as described in the Support Terms. Updates replace the version of the Software they update; Licensee's continued use of an Update constitutes acceptance that the Update is governed by this Agreement unless different terms are specified in writing.
7.2. Upgrades. Upgrades require a new Order. If an Upgrade replaces an existing license, it is provided on a license exchange basis: the earlier License Key shall no longer be used and may not be transferred to another person or entity.
7.3. Professional Services. Any implementation, consulting or other professional services beyond the Support Terms shall be provided only under a separate written agreement or Order stating the applicable rates, scope and expenses. Any materials provided in the course of such services, and all intellectual property rights in deliverables conceived, created or developed by Andrisoft in performing them, remain the property of Andrisoft and may not be reproduced or distributed without Andrisoft's written consent. So long as no Confidential Information of Licensee is disclosed, Andrisoft shall not be restricted from developing or providing to others services or deliverables similar to those provided to Licensee, or in its use of the personnel providing them.
8. Intellectual Property Rights
8.1. Ownership. This Agreement gives Licensee limited rights to use the Software. The Software is owned by Andrisoft and is protected by copyright. Licensee acknowledges that the Software, and all trade secret, copyright, patent, trademark, trade name and other intellectual and proprietary rights therein, are and at all times shall remain the valuable property of Andrisoft and its licensors, or their respective successors or assignees. All rights not specifically granted in this Agreement are reserved by Andrisoft and its suppliers. The structure, organization and code of the Software are valuable trade secrets and confidential information of Andrisoft.
8.2. Proprietary Markings. Licensee agrees to respect and not to alter, remove or conceal any copyright, trademark, government restricted rights, trade name or other proprietary marking that may appear on the Software or the Documentation.
9. Third-Party and Open-Source Software
9.1. Open-Source Components. The Software is designed to run on Linux distributions and is installed alongside, and makes use of, third-party and open-source software components that are licensed under their own terms. Those terms, and not this Agreement, govern Licensee's use of the respective components, and nothing in this Agreement restricts any rights granted to Licensee under an applicable open-source license. Third-party and open-source components are provided without any warranty from Andrisoft beyond Section 10.
10. Warranty and Disclaimer
10.1. Warranty. Andrisoft warrants that the current version of the Software shall operate substantially in accordance with the current Documentation generally released by Andrisoft to its licensees, provided the Licensee uses the Software in accordance with the Documentation and does not modify or otherwise alter the Software, when used with the specified hardware configuration and under recommended conditions.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANDRISOFT, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
10.2. Sole Remedy. In the event the Software fails to perform as warranted above and Licensee advises Andrisoft in writing of a reproducible error, Andrisoft shall use commercially reasonable efforts to correct any defect in the Software. If the Software is faulty and Andrisoft is unable to correct the defect, Licensee can demand, according to choice, replacement of the program or cancellation of the affected license. Licensee must inform Andrisoft of any obvious defect in writing within 30 calendar days of delivery; if this deadline is missed, guarantee rights due to the defect concerned are excluded. This Section 10.2 sets forth Licensee's sole remedy, and Andrisoft's sole obligation, relating to performance of the Software and for breach of the warranty in Section 10.1. Andrisoft shall have no responsibility if the Software has been altered in any way, if the failure arises out of use of the Software with other than a recommended hardware and software configuration, or if the failure is caused by accident, abuse or misapplication.
10.3. Disclaimer. EXCEPT FOR THE WARRANTY IN SECTIONS 10.1 AND 10.2, THE SOFTWARE AND THE SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, AGAINST INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. ANDRISOFT SPECIFICALLY DOES NOT WARRANT THAT THE SOFTWARE SHALL MEET ALL OF LICENSEE'S REQUIREMENTS OR SHALL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY LICENSEE; THAT THE OPERATION OF THE SOFTWARE SHALL BE ERROR-FREE OR UNINTERRUPTED; OR THAT ALL ERRORS OR DEFECTS IN THE SOFTWARE SHALL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO LICENSEE. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
11. Limitation of Liability
11.1. Limitation of Liability. It is expressly agreed that each party's maximum liability for damages to the other party hereunder, regardless of the form of legal action, whether in contract or in tort, including negligence, shall in no event exceed the actual payments received by Andrisoft for the Software or the Services that caused such damage or that are directly related to the cause of action, except that no such limitation on damages shall apply to losses due to Licensee's breach of the license or license restrictions.
ANDRISOFT'S TOTAL LIABILITY TO LICENSEE FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY LICENSEE FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
11.2. No Consequential Damages. IN NO EVENT SHALL EITHER PARTY (INCLUDING ITS DISTRIBUTORS, SUBCONTRACTORS, SUPPLIERS AND EMPLOYEES) OR ANDRISOFT'S LICENSORS BE LIABLE UNDER THIS AGREEMENT FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, LOSS OF REVENUE, LOSS OF USE OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, OR, IF REASONABLY FORESEEABLE, INCURRED BY THE OTHER PARTY OR CLAIMED AGAINST THE OTHER PARTY BY ANY OTHER PARTY, EXCEPT THAT NO SUCH LIMITATION ON CONSEQUENTIAL DAMAGES SHALL APPLY IN THE EVENT OF A BREACH BY LICENSEE OF THE LICENSE OR LICENSE RESTRICTIONS.
11.3. Statutory Liability. Nothing in this Agreement excludes or limits either party's liability to the extent that such liability cannot be excluded or limited under applicable law, including liability for damage caused with intent or through gross negligence, or for death or personal injury.
12. Verification
12.1. Records and Verification. Licensee shall keep reasonable records of its deployment of the Software sufficient to show compliance with the Licensed Capacity. Licensee acknowledges that Andrisoft may use technical means — including License Keys and software update checks — to verify that the use of the Software conforms to this Agreement. In addition, on no less than thirty (30) days' written notice and no more than once in any twelve-month period, Andrisoft may conduct, or direct an independent auditor bound by confidentiality to conduct, during normal business hours, an audit of the relevant records of Licensee to verify the number of copies of the Software in use and the computer systems on which they are installed.
13. Termination
13.1. Term. This Agreement is effective from Licensee's acceptance and continues, with respect to each license, for its License Term. Licenses may be renewed by placing a renewal Order; upon payment of the applicable fee, Andrisoft shall provide Licensee a new License Key. Licensee may terminate this Agreement at any time by ceasing use of the Software and destroying all copies; termination by Licensee does not give rise to any refund except as provided by the Refund and Return Policy or mandatory law.
13.2. Termination for Breach. Upon any breach by Licensee of Sections 3.1 or 5, Andrisoft shall have the right, upon notice, to immediately terminate this Agreement and the licenses granted hereunder. Upon any material breach or default of this Agreement by either party, the other party shall have the right to terminate this Agreement and the licenses granted hereunder effective on thirty (30) days' notice; such termination shall become automatically effective unless the breaching or defaulting party shall have cured the material breach or default prior to the expiration of the thirty (30) days' period.
13.3. Consequences. In the event of termination of this Agreement for any reason, Licensee shall promptly (i) discontinue all use of the Software; (ii) erase or destroy any Software contained in the computer memory or data storage apparatus under the control of Licensee; (iii) destroy all copies of the Software and License Keys in Licensee's possession; and (iv) upon Andrisoft's request, certify in writing to Andrisoft, within thirty (30) days of termination, that Licensee has complied with the foregoing.
13.4. Survival. Sections 2, 5, 8, 9, 10.3, 11, 13.3, 14 and 15 shall survive expiration or any termination of this Agreement.
14. Confidentiality
14.1. Confidential Information. Each party acknowledges that it may have access to certain confidential information of the other party, including without limitation the Software, the License Keys, and any non-public technical or business information ("Confidential Information"). Each party agrees that it shall use such Confidential Information only in the performance of this Agreement, shall not disclose such Confidential Information to any third party (except as required by law or to that party's attorneys, accountants or other fiduciary advisers as reasonably necessary), and shall take reasonable precautions to protect the confidentiality of such Confidential Information. Such reasonable precautions shall include, but not be limited to, disclosing Confidential Information only to those employees who need access solely for the performance of this Agreement, and taking appropriate measures by instruction and agreement prior to disclosure to such employees to assure against unauthorized use or disclosure.
14.2. Exclusions. Confidential Information shall not include information that: (i) is rightfully received by the receiving party from a third party without an obligation of confidentiality; (ii) is required to be disclosed by a judicial or governmental order, in which case the receiving party shall promptly notify the disclosing party and take reasonable steps to assist in contesting such order or in protecting the disclosing party's rights prior to disclosure; or (iii) was publicly known at the time of disclosure to the receiving party or becomes publicly known through no act or omission of the receiving party.
14.3. Return. Except to the extent Confidential Information is necessary to perform the receiving party's obligations hereunder, the disclosing party may at any time request that the receiving party return or destroy all or any Confidential Information in its possession or under its control and not make or retain any copies, summaries or notes.
15. General
15.1. Notices. Any notice required to be given hereunder shall be in writing and delivered by courier service, by pre-paid registered mail to the parties' respective addresses stated in this Agreement or the Order, or by e-mail to the address associated with the Order (for notices to Licensee) or to
15.2. Assignment. Licensee shall not assign any rights or obligations arising under this Agreement without Andrisoft's prior written consent. This Agreement shall be binding on the successors and assigns of Andrisoft.
15.3. Waiver. The failure of either party to enforce in any one or more instances any of the terms and conditions of this Agreement shall not be construed as a waiver of future performance of any such term or condition. Waiver of any term or condition shall only be deemed to have been made if expressed in writing by the party granting such waiver.
15.4. Severability. If any provision of this Agreement shall be held by a court of law of competent jurisdiction to be illegal, invalid or unenforceable, that provision shall be reformed, construed and enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. The parties shall endeavor to replace any invalid or unenforceable provision with a valid clause that comes closest to its intent.
15.5. Governing Law and Venue. This Agreement is governed by, interpreted and construed in accordance with the laws of Romania. Each of the parties hereby irrevocably submits to the exclusive venue and jurisdiction of the competent courts of Timisoara, Romania in any action, suit or proceeding brought against it by the other party under this Agreement. The UN Convention on Contracts for the International Sale of Goods does not apply.
15.6. Entire Agreement. This Agreement, together with the applicable Order, the Support Terms and the Refund and Return Policy, constitutes the entire understanding between the parties and supersedes all prior discussions, representations, understandings or agreements, whether oral or in writing, with respect to its subject matter. Preprinted or standard terms on any purchase order or similar document issued by Licensee shall not apply, and the provisions of this Agreement shall prevail over any conflicting term of such document. Any negotiated modification or amendment to this Agreement must be in writing and signed or expressly accepted by authorized representatives of both parties.
15.7. Changes to These Terms. Andrisoft may revise these Standard Terms and Conditions by publishing an updated version on this page. The revised version applies to Orders placed and licenses renewed after publication; licenses already in effect remain governed by the version accepted with their Order.
15.8. Data Protection. Personal data provided to Andrisoft in connection with Orders, License Keys and support is processed in accordance with the Andrisoft Privacy Policy. The Software is installed and operated on Licensee's own systems; network traffic processed by the Software is not transmitted to Andrisoft.
15.9. Export Compliance. Licensee shall comply with all applicable export, re-export and sanctions laws and regulations in connection with its use of the Software.
15.10. Independent Contractors. The parties to this Agreement are and shall remain independent contractors. Nothing herein shall be construed to create a partnership or joint venture between them, and neither shall have the power or authority to bind or obligate the other in any manner not expressly set forth herein.