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authorAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
committerAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
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+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.
+