/[gentoo-x86]/licenses/mindterm
Gentoo

Contents of /licenses/mindterm

Parent Directory Parent Directory | Revision Log Revision Log


Revision 1.1 - (show annotations) (download)
Sun Feb 15 01:28:22 2004 UTC (10 years, 8 months ago) by zx
Branch: MAIN
CVS Tags: HEAD
Initial Import.

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.

  ViewVC Help
Powered by ViewVC 1.1.20