Contents of /licenses/mindterm

PCA15 version 2.0

                   APPGATE NETWORK SECURITY AB  ("APPGATE")

                     MINDTERM END-USER LICENSE AGREEMENT
                           (LIMITED COMMERCIAL USE)


PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS PRIOR TO ACCESSING,
DOWNLOADING AND/OR OTHERWISE USING ANY OF THE LICENSED PRODUCTS, AS HEREIN
AFTER DEFINED.

THE USE OF THE LICENSED PRODUCTS AS WELL AS ANY UPDATES THERETO IS SUBJECT TO
THE TERMS AND CONDITIONS OF THE THIS LICENSE AGREEMENT (THE "AGREEMENT"). BY
OPENING THE RELEVANT SOFTWARE PACKAGE, BY SELECTING THE [AGREED AND/OR ACCEPT]
BUTTON, DOWNLOADING AND/OR OTHERWISE USING THE SOFTWARE OR ANY PORTION
THEREOF, LICENSEE (THE FIRM, COMPANY OR OTHER PERSON HAVING RECEIVED THE
LICENSED SOFTWARE PURSUANT TO AN ORDER ON THE APPGATE WEB SITE OR OTHERWISE)
ARE AGREEING TO THE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT AND ARE
ENTERING INTO THE AGREEMENT WITH APPGATE NETWORK SECURITY AB ("LICENSOR" or
"APPGATE").


1.      DEFINITIONS

        As used in this Agreement, the following terms shall have the
        following meanings:

1.1     "Designated Use" means the uses described in Section 2.3.

1.2     "Documentation" means the materials and documents relevant to the
        Licensed Products and provided by AppGate

1.3     "Event of Default" means any event specified in Section 7.1.

1.4     "License" means the license to use the Licensed Products as defined in
        Section 2.1.

1.5     "Licensed Products" means the software product MindTerm in object code
        form only. (Use of source code is subject to the conditions set forth
        in the MindTerm Public Source license agreement.)

1.7     "Usage, Use or Used" includes the act of transferring, transmitting,
        compiling, executing, interpreting, processing or storing the Licensed
        Products through the use of computer equipment, or transferring,
        transmitting, compiling, executing, interpreting, processing or
        storing any data or information using the Licensed Products; and/or
        displaying any portion of the Licensed Products or data or information
        in connection with any of these activities.


2.      GRANT OF LICENSE

2.1     Nonexclusive License

        Subject to Licensee's compliance with the terms and conditions of this
        Agreement Licensee is hereby granted a nonexclusive, non-transferable,
        non assignable and royalty-free license to Use the Licensed Products
        for purposes of the Designated Use; provided, however, that this
        Agreement does not grant to Licensee any title or right of ownership
        in or to the Licensed Products.

2.2     Right to Utilize the Documentation

        Subject to the term and conditions of this Agreement, AppGate hereby
        grants to Licensee, and Licensee hereby accepts from AppGate, a
        nonexclusive, non-transferable, non assignable and royalty-free right
        to utilize the Documentation in connection with the Designated Use of
        the Licensed Products; provided, however, that this Agreement does not
        grant to Licensee any title or right of ownership in or to the
        Documentation. Licensee shall not copy any Documentation, but may
        obtain additional copies from AppGate for the applicable charges
        specified by AppGate from time to time.

2.3     Use

        The Licensed Products may be Used only for Licensee's own internal
        computing requirements in accordance with the terms and conditions set
        forth herein and strictly limited to the number of users as defined
        here. The Licensed Products are free to use by Licensor in any
        organization, commercial or non-commercial, according to this License
        Agreement for up to, but not exceeding, 100 (one hundred) distinct
        users. Any other use requires a Commercial License Agreement which can
        be obtained by purchasing the Licensed Products from AppGate.

        Licensors with a Commercial License agreement can subscribe to
        Maintenance and Support services to periodically receive updated
        versions of the Licensed Products, get access to support services
        (web, e-mail and telephone) and receive updated signed versions of the
        MindTerm applet. These services are not available under this limited
        Agreement.

        Licensee is allowed to use the MindTerm source code according to the
        MindTerm Public Source license agreement. Licensee is allowed to use
        any derivative works of the Licensed Products for its own internal
        computing requirements according to the terms and conditions of this
        Agreement.

3.      TERM OF LICENSE

        The License granted hereunder shall commence upon Licensee's
        acceptance of the terms and conditions herein contained and shall
        continue in effect unless terminated earlier pursuant hereto.


4.      NO COPYING AND RESTRICTED USE

4.1     Restricted Use

        Licensee shall not Use the Licensed Products or the Documentation for
        any purposes other than the Designated Use specified in Section 2
        hereof. 

4.2     No Copying

        Licensee may make, free of charge, copies of the Licensed Products for
        the Designated Use, archival or back-up purposes. Licensee shall not
        make any copy of the Licensed Products for a use that AppGate has not
        expressly approved under this Agreement. Licensee shall not Use or
        allow the Licensed Products to be Used, directly or indirectly, in any
        manner that would enable its customers or any other person or entity
        to copy or Use any of the Licensed Products. Copying or reproduction
        of the Licensed Products to any other server or location or media for
        further reproduction or redistribution is expressly prohibited.

4.3     No Transfer of License; No Sublicense

        Licensee shall not assign or transfer this License, or license or
        sublicense the Use of all or any portion of the Licensed Products, to
        any other party.

4.4     No Modification or Decompilation

        Licensee shall not modify, disassemble, decompile, recreate or
        generate any Licensed Products or any portion or version thereof
        unless and to the extent permitted under applicable mandatory law.

4.5     Export

        Licensee shall not export or re-export the Licensed Products or permit
        transshipment thereof, directly on indirectly, to any country to the
        extent such country requires an export license or other governmental
        approval, without first obtaining such license or approval.

4.6     Proprietary Markings

        Licensee shall not remove, erase or hide from view any copyright,
        trademark, confidentiality notice, mark or legend appearing on any of
        the Licensed Products or any form of output produced by the Licensed
        Products.


5.      NO WARRANTY

        Because the Licensed Products are licensed free of charge, there is no
        warranty for the Licensed Program, to the extent permitted by
        applicable law. AppGate provides the Licensed Products "as is" without
        warranty of any kind, either expressed or implied, including, but not
        limited to, the implied warranties of merchantability and fitness for
        a particular purpose. Licensee alone accepts the entire risk as to the
        quality and performance of the Licensed Products.  Should the Licensed
        Products prove defective, Licensee  assumes the cost of all necessary
        servicing, repair or correction.


6.      LIMITATION OF LIABILITY AND REMEDIES

        In no event shall AppGate be liable for any loss of or damage to
        revenues, profits or goodwill or other special, incidental, indirect
        or consequential damages of any kind, resulting from its performance
        or failure to perform pursuant to the terms of this Agreement or any
        exhibits hereto, or resulting from the furnishing, performance, or use
        or loss of use, loss of data or loss of any licensed products or other
        materials delivered, including, without limitation, any interruption
        of business, whether resulting from breach of contract or breach of
        warranty, even if licensee has been advised of the possibility of such
        damages.

 
7.      DEFAULT AND TERMINATION

7.1     Termination in Advance Upon Default

        This Agreement may be terminated with immediate effect upon the
        occurrence of any of the following Events of Default:

        (a)      Covenants

                 The failure or neglect of Licensee to observe, keep or
                 perform any of the covenants, terms and conditions of this
                 Agreement, where such non-performance is not fully cured by
                 Licensee within thirty (30) days after written notice from
                 AppGate; or

        (b)      Bankruptcy

                 The filing of a petition for Licensee's bankruptcy, whether
                 voluntary or involuntary, or if an assignment of Licensee's
                 assets is made for the benefit of creditors, or a trustee or
                 receiver is appointed to take charge of the business of
                 Licensee for any reason, or if Licensee becomes insolvent or
                 voluntarily or involuntarily dissolved.

7.2     Obligations on Termination

        Effective with the date of expiration or other termination of this
        Agreement, all Usage of the Licensed Products shall terminate, and all
        rights of Licensee under this Agreement shall cease, specifically
        including, but without limitation, the License and all other rights
        granted to Licensee under this Agreement.

7.3     No Waiver

        Termination of the Agreement under this Section shall be in addition
        to, and not a waiver of, any remedy at law or in equity available to
        AppGate arising from Licensee's breach of this Agreement.


8.      MISCELLANEOUS

8.1     Notices

        All notices, requests and demands given to or made upon the parties
        shall be in writing and shall be mailed properly addressed, postage
        prepaid, registered or a certified, or personally delivered to either
        party at the addresses specified by either party, upon not less than
        ten (10) days notice. Such notice shall be deemed received by the
        close of business on the date shown on the certified or registered
        mail receipt, or when it is actually received, whichever is sooner.

8.2     Governing Law and Jurisdiction

        This Agreement shall be governed by and construed in accordance with
        the laws of Sweden, without reference to its conflicts of law
        provisions. The exclusive jurisdiction and venue for all legal actions
        relating to this Agreement shall be in courts of competent subject
        matter jurisdiction located in Sweden.

8.3     Severability

        If any provision of this Agreement is held invalid or unenforceable by
        any agency of competent jurisdiction, the remaining provisions shall
        nevertheless remain valid.
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.