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1 zx 1.1 PCA15 version 2.0
2    
3     APPGATE NETWORK SECURITY AB ("APPGATE")
4    
5     MINDTERM END-USER LICENSE AGREEMENT
6     (LIMITED COMMERCIAL USE)
7    
8    
9     PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS PRIOR TO ACCESSING,
10     DOWNLOADING AND/OR OTHERWISE USING ANY OF THE LICENSED PRODUCTS, AS HEREIN
11     AFTER DEFINED.
12    
13     THE USE OF THE LICENSED PRODUCTS AS WELL AS ANY UPDATES THERETO IS SUBJECT TO
14     THE TERMS AND CONDITIONS OF THE THIS LICENSE AGREEMENT (THE "AGREEMENT"). BY
15     OPENING THE RELEVANT SOFTWARE PACKAGE, BY SELECTING THE [AGREED AND/OR ACCEPT]
16     BUTTON, DOWNLOADING AND/OR OTHERWISE USING THE SOFTWARE OR ANY PORTION
17     THEREOF, LICENSEE (THE FIRM, COMPANY OR OTHER PERSON HAVING RECEIVED THE
18     LICENSED SOFTWARE PURSUANT TO AN ORDER ON THE APPGATE WEB SITE OR OTHERWISE)
19     ARE AGREEING TO THE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT AND ARE
20     ENTERING INTO THE AGREEMENT WITH APPGATE NETWORK SECURITY AB ("LICENSOR" or
21     "APPGATE").
22    
23    
24     1. DEFINITIONS
25    
26     As used in this Agreement, the following terms shall have the
27     following meanings:
28    
29     1.1 "Designated Use" means the uses described in Section 2.3.
30    
31     1.2 "Documentation" means the materials and documents relevant to the
32     Licensed Products and provided by AppGate
33    
34     1.3 "Event of Default" means any event specified in Section 7.1.
35    
36     1.4 "License" means the license to use the Licensed Products as defined in
37     Section 2.1.
38    
39     1.5 "Licensed Products" means the software product MindTerm in object code
40     form only. (Use of source code is subject to the conditions set forth
41     in the MindTerm Public Source license agreement.)
42    
43     1.7 "Usage, Use or Used" includes the act of transferring, transmitting,
44     compiling, executing, interpreting, processing or storing the Licensed
45     Products through the use of computer equipment, or transferring,
46     transmitting, compiling, executing, interpreting, processing or
47     storing any data or information using the Licensed Products; and/or
48     displaying any portion of the Licensed Products or data or information
49     in connection with any of these activities.
50    
51    
52     2. GRANT OF LICENSE
53    
54     2.1 Nonexclusive License
55    
56     Subject to Licensee's compliance with the terms and conditions of this
57     Agreement Licensee is hereby granted a nonexclusive, non-transferable,
58     non assignable and royalty-free license to Use the Licensed Products
59     for purposes of the Designated Use; provided, however, that this
60     Agreement does not grant to Licensee any title or right of ownership
61     in or to the Licensed Products.
62    
63     2.2 Right to Utilize the Documentation
64    
65     Subject to the term and conditions of this Agreement, AppGate hereby
66     grants to Licensee, and Licensee hereby accepts from AppGate, a
67     nonexclusive, non-transferable, non assignable and royalty-free right
68     to utilize the Documentation in connection with the Designated Use of
69     the Licensed Products; provided, however, that this Agreement does not
70     grant to Licensee any title or right of ownership in or to the
71     Documentation. Licensee shall not copy any Documentation, but may
72     obtain additional copies from AppGate for the applicable charges
73     specified by AppGate from time to time.
74    
75     2.3 Use
76    
77     The Licensed Products may be Used only for Licensee's own internal
78     computing requirements in accordance with the terms and conditions set
79     forth herein and strictly limited to the number of users as defined
80     here. The Licensed Products are free to use by Licensor in any
81     organization, commercial or non-commercial, according to this License
82     Agreement for up to, but not exceeding, 100 (one hundred) distinct
83     users. Any other use requires a Commercial License Agreement which can
84     be obtained by purchasing the Licensed Products from AppGate.
85    
86     Licensors with a Commercial License agreement can subscribe to
87     Maintenance and Support services to periodically receive updated
88     versions of the Licensed Products, get access to support services
89     (web, e-mail and telephone) and receive updated signed versions of the
90     MindTerm applet. These services are not available under this limited
91     Agreement.
92    
93     Licensee is allowed to use the MindTerm source code according to the
94     MindTerm Public Source license agreement. Licensee is allowed to use
95     any derivative works of the Licensed Products for its own internal
96     computing requirements according to the terms and conditions of this
97     Agreement.
98    
99     3. TERM OF LICENSE
100    
101     The License granted hereunder shall commence upon Licensee's
102     acceptance of the terms and conditions herein contained and shall
103     continue in effect unless terminated earlier pursuant hereto.
104    
105    
106     4. NO COPYING AND RESTRICTED USE
107    
108     4.1 Restricted Use
109    
110     Licensee shall not Use the Licensed Products or the Documentation for
111     any purposes other than the Designated Use specified in Section 2
112     hereof.
113    
114     4.2 No Copying
115    
116     Licensee may make, free of charge, copies of the Licensed Products for
117     the Designated Use, archival or back-up purposes. Licensee shall not
118     make any copy of the Licensed Products for a use that AppGate has not
119     expressly approved under this Agreement. Licensee shall not Use or
120     allow the Licensed Products to be Used, directly or indirectly, in any
121     manner that would enable its customers or any other person or entity
122     to copy or Use any of the Licensed Products. Copying or reproduction
123     of the Licensed Products to any other server or location or media for
124     further reproduction or redistribution is expressly prohibited.
125    
126     4.3 No Transfer of License; No Sublicense
127    
128     Licensee shall not assign or transfer this License, or license or
129     sublicense the Use of all or any portion of the Licensed Products, to
130     any other party.
131    
132     4.4 No Modification or Decompilation
133    
134     Licensee shall not modify, disassemble, decompile, recreate or
135     generate any Licensed Products or any portion or version thereof
136     unless and to the extent permitted under applicable mandatory law.
137    
138     4.5 Export
139    
140     Licensee shall not export or re-export the Licensed Products or permit
141     transshipment thereof, directly on indirectly, to any country to the
142     extent such country requires an export license or other governmental
143     approval, without first obtaining such license or approval.
144    
145     4.6 Proprietary Markings
146    
147     Licensee shall not remove, erase or hide from view any copyright,
148     trademark, confidentiality notice, mark or legend appearing on any of
149     the Licensed Products or any form of output produced by the Licensed
150     Products.
151    
152    
153     5. NO WARRANTY
154    
155     Because the Licensed Products are licensed free of charge, there is no
156     warranty for the Licensed Program, to the extent permitted by
157     applicable law. AppGate provides the Licensed Products "as is" without
158     warranty of any kind, either expressed or implied, including, but not
159     limited to, the implied warranties of merchantability and fitness for
160     a particular purpose. Licensee alone accepts the entire risk as to the
161     quality and performance of the Licensed Products. Should the Licensed
162     Products prove defective, Licensee assumes the cost of all necessary
163     servicing, repair or correction.
164    
165    
166     6. LIMITATION OF LIABILITY AND REMEDIES
167    
168     In no event shall AppGate be liable for any loss of or damage to
169     revenues, profits or goodwill or other special, incidental, indirect
170     or consequential damages of any kind, resulting from its performance
171     or failure to perform pursuant to the terms of this Agreement or any
172     exhibits hereto, or resulting from the furnishing, performance, or use
173     or loss of use, loss of data or loss of any licensed products or other
174     materials delivered, including, without limitation, any interruption
175     of business, whether resulting from breach of contract or breach of
176     warranty, even if licensee has been advised of the possibility of such
177     damages.
178    
179    
180     7. DEFAULT AND TERMINATION
181    
182     7.1 Termination in Advance Upon Default
183    
184     This Agreement may be terminated with immediate effect upon the
185     occurrence of any of the following Events of Default:
186    
187     (a) Covenants
188    
189     The failure or neglect of Licensee to observe, keep or
190     perform any of the covenants, terms and conditions of this
191     Agreement, where such non-performance is not fully cured by
192     Licensee within thirty (30) days after written notice from
193     AppGate; or
194    
195     (b) Bankruptcy
196    
197     The filing of a petition for Licensee's bankruptcy, whether
198     voluntary or involuntary, or if an assignment of Licensee's
199     assets is made for the benefit of creditors, or a trustee or
200     receiver is appointed to take charge of the business of
201     Licensee for any reason, or if Licensee becomes insolvent or
202     voluntarily or involuntarily dissolved.
203    
204     7.2 Obligations on Termination
205    
206     Effective with the date of expiration or other termination of this
207     Agreement, all Usage of the Licensed Products shall terminate, and all
208     rights of Licensee under this Agreement shall cease, specifically
209     including, but without limitation, the License and all other rights
210     granted to Licensee under this Agreement.
211    
212     7.3 No Waiver
213    
214     Termination of the Agreement under this Section shall be in addition
215     to, and not a waiver of, any remedy at law or in equity available to
216     AppGate arising from Licensee's breach of this Agreement.
217    
218    
219     8. MISCELLANEOUS
220    
221     8.1 Notices
222    
223     All notices, requests and demands given to or made upon the parties
224     shall be in writing and shall be mailed properly addressed, postage
225     prepaid, registered or a certified, or personally delivered to either
226     party at the addresses specified by either party, upon not less than
227     ten (10) days notice. Such notice shall be deemed received by the
228     close of business on the date shown on the certified or registered
229     mail receipt, or when it is actually received, whichever is sooner.
230    
231     8.2 Governing Law and Jurisdiction
232    
233     This Agreement shall be governed by and construed in accordance with
234     the laws of Sweden, without reference to its conflicts of law
235     provisions. The exclusive jurisdiction and venue for all legal actions
236     relating to this Agreement shall be in courts of competent subject
237     matter jurisdiction located in Sweden.
238    
239     8.3 Severability
240    
241     If any provision of this Agreement is held invalid or unenforceable by
242     any agency of competent jurisdiction, the remaining provisions shall
243     nevertheless remain valid.

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