Please read this Agreement carefully. By downloading, installing, or using PortSpot (the “Software”), you agree to be bound by this End User License Agreement (“Agreement”). If you do not agree, do not install or use the Software and you may request a refund through your point of purchase.
This Agreement is between you (“you” or “Licensee”) and Saif Emran, the developer and owner of PortSpot (“Developer,” “we,” “us”). It governs your use of the Software and any updates, documentation, and related materials.
1. License Grant
Subject to your compliance with this Agreement and payment of the applicable fee, the Developer grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software on macOS computers that you own or control, for your own personal or internal business use.
2. License Restrictions
You may not, and may not permit any third party to: (a) copy, redistribute, resell, rent, lease, lend, sublicense, or otherwise make the Software available to others; (b) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software, except to the limited extent this restriction is expressly prohibited by applicable law; (c) modify, adapt, translate, or create derivative works of the Software; (d) remove, alter, or obscure any proprietary notices, labels, or marks; (e) use the Software to develop a competing product; or (f) circumvent any license, security, or usage-control mechanism.
3. Ownership
The Software is licensed, not sold. The Developer retains all right, title, and interest in and to the Software, including all intellectual property rights. No rights are granted except as expressly set out in this Agreement. The Software incorporates third-party open-source components (including libpcap, under its BSD license); those components remain governed by their own licenses.
4. Authorized Use & Your Responsibilities
The Software is a network-diagnostic tool. Certain features are active and transmit probe frames on the network (including, without limitation, ARP and DHCP requests). You represent, warrant, and agree that:
you will use the Software only on networks that you own or on which you have explicit authorization to run diagnostic and scanning tools;
you are solely responsible for ensuring your use complies with all applicable laws, regulations, contracts, and the acceptable-use and security policies of any network you connect to;
you will not use the Software to gain unauthorized access to, disrupt, or interfere with any network, system, or data; and
you assume all risk arising from your use of the Software, including any effect the Software’s active features may have on a network.
5. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DEVELOPER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. THE DEVELOPER DOES NOT WARRANT THAT THE SOFTWARE WILL BE ACCURATE, ERROR-FREE, UNINTERRUPTED, OR THAT ANY INFORMATION IT REPORTS (INCLUDING SWITCH, PORT, VLAN, OR OTHER NETWORK DATA) IS COMPLETE OR CORRECT. YOU ARE RESPONSIBLE FOR VERIFYING ANY RESULTS BEFORE RELYING ON THEM.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE DEVELOPER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, OR NETWORK DOWNTIME, ARISING OUT OF OR RELATING TO THE SOFTWARE OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DEVELOPER’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SOFTWARE OR THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY OR RIGHT THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
7. Indemnification
You agree to indemnify, defend, and hold harmless the Developer from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use or misuse of the Software; (b) your violation of this Agreement; or (c) your violation of any law or the rights of any third party, including any unauthorized scanning or use of the Software on a network you were not authorized to test.
8. No High-Risk Use
The Software is not designed, intended, or authorized for use in any situation where failure or inaccuracy could lead to death, personal injury, or physical or environmental damage, including the operation of critical infrastructure, life-support, or safety systems. You assume all risk of any such use.
9. Updates
The Developer may, but is not obligated to, provide updates, bug fixes, or new versions. Any such updates are governed by this Agreement unless accompanied by a separate license. The Developer may change, suspend, or discontinue the Software at any time.
10. Term & Termination
This Agreement is effective until terminated. It terminates automatically if you breach any of its terms. Upon termination, you must stop using the Software and delete all copies. Sections 3–8 and 11–13 survive termination.
11. Refunds
Purchases are processed by our third-party platform (Gumroad), which acts as merchant of record and whose terms and refund policy apply to your transaction. Except as required by law or expressly offered at the point of sale, license fees are non-refundable.
12. Export & Compliance
You represent that you are not located in, and will not use or export the Software in violation of, any applicable export-control or sanctions laws, and that you are not on any government restricted-party list.
To the maximum extent permitted by law, any dispute, claim, or controversy arising out of or relating to the Software or this Agreement will be resolved by binding, individual arbitration, rather than in court, except that either party may bring an individual claim in a small-claims court with jurisdiction. You and the Developer waive any right to a jury trial. You and the Developer agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall be severed and brought in court, while all other claims remain in arbitration. This Section does not apply where it is prohibited by applicable law.
14. Time Limitation on Claims
To the extent permitted by law, any claim or cause of action arising out of or relating to the Software or this Agreement must be commenced within one (1) year after the claim or cause of action arose; otherwise, it is permanently barred.
15. Attorneys’ Fees
To the extent permitted by law, in any action, arbitration, or proceeding to enforce or arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, costs, and expenses.
16. Governing Law & Miscellaneous
This Agreement is governed by the laws of the State of Utah, United States, without regard to its conflict-of-laws rules, and you consent to the exclusive jurisdiction of the state and federal courts located in Utah. If any provision is held unenforceable, the remaining provisions remain in full effect. This Agreement is the entire agreement between you and the Developer regarding the Software and supersedes any prior understandings. The Developer’s failure to enforce any right is not a waiver. You may not assign this Agreement; the Developer may. The Developer may update this Agreement, and continued use of the Software after changes are posted constitutes acceptance.
Contact: Questions about this Agreement can be sent to the address listed on your purchase receipt or at portspot.net.