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diff --git a/licenses/mindterm b/licenses/mindterm new file mode 100644 index 000000000000..f1136e167206 --- /dev/null +++ b/licenses/mindterm @@ -0,0 +1,244 @@ +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. + |