The Keysight Software End-User License Agreement (EULA) is the standard contract for Keysight software, published as part number 5991-3402 with a May 1, 2025 date that supersedes the 01Jul2021 edition.[1] It applies when it is presented electronically and accepted by clicking “Agree”, or, for hard-copy presentation, by using the computer, instrument or machine; a person accepting on behalf of an entity represents that they can bind it.[1] Translations are published alongside the English text, and the EULA says that if a licensee has a separate written, executed agreement with Keysight, that agreement takes precedence over conflicting EULA terms.[1]
What is licensed
“Software” is defined as a single copy of one or more computer programs licensed by Keysight, whether stand-alone or bundled with other products or solutions, together with related documentation, online documentation, data and licence files.[1] Keysight Technologies, Inc. or its subsidiary grants a limited, non-exclusive licence to use the Software for the Term, for the licensee’s internal business use, in one of the licence types below, subject to the EULA and full payment of any applicable fees.[1] The Software is licensed and not sold; Keysight and its suppliers retain all right, title and interest.[1]
The licence type, the Term and the number of licences are found in the Documentation, which in practice means the entitlement certificate, order and licence file.[1] “Term” means either a set period (an expiring licence) or a Perpetual licence; if no documentation specifies the licence, the licensee holds a Node Locked licence with a Perpetual Term.[1]
Licence types in the EULA
Node Locked
A Node Locked licence lets the licensee install one copy of the Software on one computer, instrument or machine (together a “Computing Device”) and use it only there; the Software may not be displayed or accessed on a separate Computing Device unless Keysight’s documentation allows it.[1] The licence cannot be moved to another device without Keysight’s prior written consent and payment of applicable fees.[1] In practice the licence file is tied to a host ID, and Keysight’s guide advises avoiding Ethernet addresses tied to docking stations or removable and USB network adapters when choosing one.[3]
Transportable
A Transportable licence lets the licensee use one copy on any Computing Device at one time and move it to a different device using methods Keysight provides, provided only one copy is in use at any given time.[1]
Floating
A Floating licence lets the licensee install one or more copies on any Computing Device within its internal computer network, or on dedicated server resources provided by a third party, provided two conditions hold. First, the number of users or Computing Devices using the Software at the same time, or the number of copies executing at the same time, may not exceed the licences obtained or Computing Devices licensed. Second, users must be located within the area (for example single site, regional or worldwide) designated in the order or Documentation.[1]
For a single-site Floating licence the licensee may not use the Software on any network that permits remote access to licensed users located outside the “Use Area”, nor permit third parties to use it in an on-demand computing environment. The EULA defines the Use Area as a fifty (50) mile radius from, and within the same time zone as, the geographical site the licensee occupies as its place of business.[1] The scope of a particular floating licence (single-site, single-region or worldwide) can be read from its licence file.[3]
Evaluation licences
An evaluation licence is for evaluation purposes only. It starts on the date the Software is downloaded and ends at the end of the Term, or earlier if the licensee buys a licence or if Keysight, in its sole discretion, terminates it.[1]
Meaning of Perpetual
For Node Locked licences, “Perpetual” means the lifetime of the Computing Device. For Transportable and Floating licences it means the right to use the licence indefinitely.[1] The EULA does not state that a perpetual Node Locked licence continues after its host device is replaced.
Restrictions
Section 4 of the EULA lists the main restrictions.
- Copies. No copies or adaptations except for backup and archival purposes or where copying is an essential step in the licensed use, with copyright notices reproduced.[1]
- Reverse engineering. No decompiling, disassembling, deriving source code, decrypting, modifying, creating derivative works or disabling security features, except where applicable law or open-source terms allow it.[1]
- Circumvention and detection. The Software may include technological measures such as security servers, keys, hardware locks and licence administration software. These measures may collect and transmit data about suspected unlicensed copies, not including customer data created with the Software, and circumvention is prohibited.[1]
- Limited use. The Software may not be used to develop or distribute products whose principal purpose, as reasonably determined by Keysight, is to compete with or replace any component of it; results of competitive analysis may not be disclosed to third parties; and the Software may not be used as training input or prompt-based input into any generative AI program, although its output may be used to train such a program if the EULA is otherwise followed.[1]
- Public networks and time sharing. No copying onto a public or distributed network, service bureau or similar service, no access through a web or network application, and no selling, licensing, leasing, renting, lending or time sharing.[1]
- Licensed users. Licensed users are the licensee’s employees, authorized agents, representatives, subcontractors and consultants acting on its behalf for its internal business use, and the licensee is responsible for their compliance.[1]
Third-party and open-source software
The Software may contain third-party software under its own notices, which take precedence where use exceeds the grants and restrictions of the EULA. The components of the Software are licensed as a single product and may not be separated, and the Software may not be combined with third-party software without Keysight’s prior written consent, except as open-source licences require.[1] Open-source source code is available on request where the applicable licence requires it.[1]
Upgrades, support and transfer
The EULA does not entitle the licensee to upgrades, updates, extensions or technical support; these may be included or bought separately.[1] The support terms for those services are separate and are described in KeysightCare and software support; the support terms state that application software updates are provided under the applicable end-user licence agreement.[2]
The Software may not be transferred without Keysight’s prior written consent, delivery of all copies with the EULA, acceptance of the EULA by the transferee and payment of applicable fees; the transferor’s licence terminates on transfer. Entitlement to technical support may be transferred with Keysight’s consent and fees, to the extent permissible under applicable law.[1] A divestiture or merger that moves licences between entities therefore involves a consent step under this clause.[1]
Audit
Section 13 requires the licensee, on reasonable notice, to give Keysight or its agents access to records reasonably necessary for Keysight to audit, at its own expense, proper use of and payment for the Software. If the audit reveals a material breach, the licensee reimburses Keysight’s audit expenses, pays any underpayment plus interest from the date payment was due, and Keysight may terminate the licence.[1] The text states no percentage threshold, no notice period in days and no frequency limit. For U.S. government customers only Keysight employees authorized to access government facilities and systems may audit, and any amount is subject to the Anti-Deficiency Act.[1]
Separately from audits, the administrator guide describes licence server status and debug log tools (such as lmutil lmstat) that a licensee can use to observe concurrent use of floating licences.[4]
Other clauses
- Term and termination. The EULA remains in effect for the Term unless Keysight terminates on notice for breach; on expiry or termination the licensee must destroy all copies.[1]
- Export. The licensee must comply with export and import laws, and Keysight may terminate immediately for violations.[1]
- High-risk activities. The Software is not designed for nuclear facilities, aircraft navigation or control, weapon systems or direct life support, and Keysight disclaims liability for such use.[1]
- Warranty and liability. The Software is provided “as is” except where Keysight gives a specific written warranty, and liability for special, incidental, indirect and consequential damages is excluded; for software provided at no charge direct damages are excluded too.[1]
- Governing law. United States and California law apply without regard to conflict-of-laws principles, the UN Convention on Contracts for the International Sale of Goods is excluded, and the licensee consents to venue in the state and federal courts in the Northern District of California; U.S. government customers are governed by federal common law.[1]
- U.S. government customers. Commercial computer software is provided under the EULA as Keysight’s standard commercial licence, and the EULA does not require Keysight to update or modify the Software.[1]
- Entire agreement. The EULA is the entire agreement for licensing the Software and may be changed only by a signed amendment, although supplemental terms in the Documentation or in the files they apply to may grant additional rights.[1]
Practical points for licence managers
- Keep the entitlement certificate, order and licence file together: they are the “Documentation” that identifies the licence type, Term and quantity.[1]
- Check the Use Area before enabling remote or VPN access for a single-site floating licence.[1]
- Review generative AI and competitive-use restrictions when engineers use assistants with Keysight software or its output.[1]
- Treat any assignment of licences in a corporate transaction as requiring Keysight’s written consent.[1]
Out of scope
This article describes the English text of the May 2025 edition only. It does not cover negotiated master agreements, reseller terms, hardware warranty terms, the Keysight Customer Privacy Statement the EULA refers to, or product-specific supplemental licence terms found in individual product documentation.[1]