TENABLE NETWORK SECURITY, INC.  PLUGIN LICENSE AGREEMENT

This is a legally binding agreement (the "Agreement")
between you and Tenable Network Security, Inc. ("Tenable"),
with its principal place of business at 8830 Stanford Blvd.,
Suite 312, Columbia, MD 21045.  This Agreement sets forth
the terms and conditions under which Tenable grants you the
right to download vulnerability detection programs developed
by Tenable or its licensors (the "Plugins") through
Tenable's online Registered Plugin Feed service at
www.nessus.org or a related website (the "Registered Plugin
Feed") and use the Plugins in conjunction with one or more
Nessus or NeWT vulnerability scanner programs.

BY DOWNLOADING OR USING ANY PLUGINS, YOU ACKNOWLEDGE THAT YOU 
HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF 
THIS AGREEMENT AND THAT YOU ASSENT TO AND AGREE TO BE LEGALLY 
BOUND BY THIS AGREEMENT.  IF YOU DO NOT AGREE WITH ANY OF THE 
TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT DOWNLOAD 
OR USE ANY PLUGINS.


Registration.  You agree to use the Plugins only in
conjunction with Nessus or NeWT vulnerability scanner
programs that you have registered with Tenable ("Registered
Scanners").

Grant of License.  Subject to the terms and conditions of
this Agreement, Tenable grants to you a non-exclusive,
non-transferable license (the "License") (i) to download the
Plugins made available to you through the Registered Plugin
Feed during the term of this Agreement and (ii) to use the
Plugins in conjunction with Registered Scanners to detect
vulnerabilities only on your system or network.  Any rights
in the Plugins not expressly granted in this Agreement are
reserved by Tenable. The Registered Plugin Feed includes
vulnerability detection programs not developed by Tenable or
its licensors, which are licensed to you under the General
Public License (the "GPL Plugins").  The terms and
conditions of this Agreement do not apply to the GPL
Plugins.

Intellectual Property.  This Agreement does not transfer to
you any title or any ownership right or interest in the
Plugins.  You acknowledge that the Plugins are owned by
Tenable or its licensors and that the Plugins contain,
embody or are based on patented or patentable inventions,
copyrights and other intellectual property rights owned by
Tenable or its licensors.  Tenable may pursue all legal
remedies if you use the Plugins in violation of this
Agreement.  You acknowledge that if you use the Plugins in
violation of this Agreement (including, without limitation,
by copying, distributing or making derivatives of the
Plugins), you may be subject to CIVIL AND CRIMINAL FINES AND
PENALTIES under all applicable laws, including, without
limitation, 17 U.S.C.  506 and 18 U.S.C.  2319.

No Reverse Engineering; Other Restrictions.  You shall not,
directly or indirectly:  (i) sell, lease, rent, license,
sublicense, distribute, redistribute or transfer any Plugins
or any of your rights under this Agreement; (ii) modify,
translate, reverse engineer (except to the limited extent
permitted by law), decompile, disassemble or create
derivative works based on any Plugins; (iii) use any Plugins
other than in conjunction with Registered Scanners to detect
vulnerabilities on your own system or network; or (iv)
remove, alter or obscure any proprietary notice, labels or
marks on any Plugins.  You are responsible for all use of
the Plugins downloaded under this Agreement and for
compliance with this Agreement by any user of the Plugins.

No Warranty.  THE PLUGINS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF 
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, 
THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, 
QUIET ENJOYMENT AND FITNESS FOR A PARTICULAR PURPOSE.  TENABLE 
MAKES NO WARRANTY THAT ANY PLUGINS WILL OPERATE ERROR-FREE, FREE 
OF ANY SECURITY DEFECTS OR IN AN UNINTERRUPTED MANNER OR THAT THE 
PLUGINS WILL DETECT ALL VULNERABILITIES OR ANY PARTICULAR 
VULNERABILITY.  TENABLE MAKES NO WARRANTY THAT TENABLE WILL 
PROVIDE YOU WITH THE MOST RECENTLY DEVELOPED OR DISTRIBUTED 
PLUGINS.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE 
PLUGINS IS WITH YOU.

Limitation of Liability.  NEITHER TENABLE NOR ITS LICENSORS SHALL BE LIABLE 
TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE ARISING FROM OR 
RELATED TO YOUR USE OF, OR YOUR INABILITY TO USE, THE PLUGINS OR 
OTHERWISE ARISING FROM OR RELATED TO THIS AGREEMENT.  IN NO EVENT 
SHALL TENABLE OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY 
FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER 
DAMAGES ARISING FROM OR RELATED TO YOUR USE OF, OR YOUR INABILITY TO 
USE, THE PLUGINS OR OTHERWISE ARISING FROM OR RELATED TO THIS 
AGREEMENT, INCLUDING LOST PROFITS, LOST DATA, INTERRUPTION OR LOSS 
OR BUSINESS OR THE COST OF PROCURING SUBSTITUTE SOFTWARE OR 
SERVICES, EVEN IF TENABLE OR ITS LICENSORS HAVE BEEN ADVISED OF THE 
POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF 
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND.

THE FOREGOING LIMITATIONS ON LIABILITY SHALL APPLY TO ALL CAUSES OF 
ACTION UNDER ALL LEGAL THEORIES, INCLUDING, WITHOUT LIMITATION, 
THEORIES OF CONTRACT, WARRANTY, STRICT LIABILITY, MISREPRESENTATION, 
NEGLIGENCE OR OTHER TORT.  YOU ACKNOWLEDGE THAT THE FOREGOING 
LIMITATIONS OF LIABILITY ARE MATERIAL TERMS OF THIS AGREEMENT AND 
THAT TENABLE WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT 
THE FOREGOING LIMITATIONS OF LIABILITY.

Term; Termination.  The term of this Agreement commences
upon your assent to the terms and conditions of this
Agreement and ends upon termination.  Tenable may terminate
this Agreement and your right to download Plugins
immediately if Tenable determines, at its sole discretion,
that you have breached this Agreement.

Legal Compliance; Restricted Rights.  The Plugins are
provided solely for lawful purposes and use.  You shall be
solely responsible for, and agree to comply with, all laws,
statutes, ordinances, regulations, rules and other
government authority ("Laws") applicable to the use of the
Plugins.  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), and
you further agree not to export any Plugins without first
obtaining all required authorizations or licenses.  The
Plugins are provided subject to this standard commercial
agreement and qualify as commercial computer software within
the meaning of the applicable government acquisition Laws.
The terms and conditions of this Agreement shall apply to
your use and disclosure of the Plugins, and shall supersede
any conflicting contractual terms and conditions.  If this
Agreement fails to meet your minimum needs or is
inconsistent in any respect with government procurement
Laws, you agree not to use the Plugins.  Plugins acquired
for use by the United States government are provided with
only "LIMITED RIGHTS" and "RESTRICTED RIGHTS" as defined in
FAR 52.227-14 if the commercial terms are deemed not to
apply.

Governing Law.  This Agreement shall be governed by and
construed in accordance with the laws of the State of
Maryland, U.S.A., without regard to any conflicts-of-law
rules.  You irrevocably submit and consent to the exclusive
jurisdiction of, and venue in, the federal and state courts
located in or serving Howard County, Maryland, U.S.A. and
waive any right you may have to object to such jurisdiction
or venue or to seek any change of jurisdiction or venue.
Section headings are for convenience only and shall not be
considered in the interpretation of this Agreement.

Severability.  If any provision of this Agreement is
determined by a court of competent jurisdiction to be
unenforceable or illegal for any reason, such provision
shall be deemed to be modified so as to be enforceable to
the maximum extent permissible under applicable law, and the
remainder of this Agreement shall remain in full force and
effect.

No Waiver.  The failure of Tenable to exercise any right
granted in this Agreement, or to require the performance of
any provision of this Agreement, or the waiver by Tenable of
any breach of this Agreement, shall not prevent the
subsequent exercise or enforcement of such provision or be
deemed a waiver of any subsequent breach of the same
provision or any other provision of this Agreement.

Assignment.  You may not assign or otherwise transfer this
Agreement or any right granted to you by this Agreement,
whether by operation of law, change of control or otherwise,
without Tenable's prior written consent.  Any purported
assignment or transfer in violation of the foregoing shall
be null and void and of no effect.  This Agreement shall
inure to the benefit of Tenable's successors and assigns.

Entire Agreement; Amendment.  This Agreement sets forth the
entire agreement and understanding between Tenable and you
with respect to the subject matter of this Agreement.  This
Agreement merges all previous discussions and negotiations
between Tenable and you and supersede and replaces any other
agreement that may have existed between Tenable and you with
respect to the subject matter of this Agreement.  Any
modification or amendment of any provision of this Agreement
shall be in a writing signed by a duly authorized
representative of Tenable and you.

Tenable Network Security, Inc.
Registered Plugin Feed Subscription License Agreement v1 12.15.04
