+++ /dev/null
-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.
-
projects / gentoo.git / commitdiff