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diff --git a/licenses/mindterm b/licenses/mindterm deleted file mode 100644 index f1136e167..000000000 --- a/licenses/mindterm +++ /dev/null @@ -1,244 +0,0 @@ -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. - |