APPGATE NETWORK SECURITY AB MINDTERM PUBLIC SOURCE LICENSE AGREEMENT
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 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 General; Definitions
This License applies to the computer program known as MindTerm (the
"Program"). Reference below to the Program or subsequent versions
thereof, and a "work based on the Program" means either the Program
or any derivative work of the Program, such as a translation or a
modification. The Program is a copyrighted work whose copyright is
held by AppGate Network Security AB (the "Licensor"). As used in
this License:
1.1 "Applicable Patent Rights" mean: (a) in the case where Licensor is
the grantor of rights, (i) claims of patents that are now or
hereafter acquired, owned by or assigned to Licensor and (ii) that
cover subject matter contained in the Original Code, but only to the
extent necessary to use, reproduce and/or distribute the Original
Code without infringement; and (b) in the case where You are the
grantor of rights, (i) claims of patents that are now or hereafter
acquired, owned by or assigned to You and (ii) that cover subject
matter in Your Modifications, taken alone or in combination with
Original Code.
1.2 "Contributor" means any person or entity that creates or contributes
to the creation of Modifications.
1.3 "Covered Code" means the Original Code, Modifications, the
combination of Original Code and any Modifications, and/or any
respective portions thereof.
1.4 "Deploy" means to use, sublicense or distribute Covered Code other
than for Your internal research and development (“R&D”) and/or
Personal and Non-Commercial Use, and includes without limitation,
any and all internal use or distribution of Covered Code within Your
business or organization except for R&D use and/or Personal and
Non-Commercial Use, as well as direct or indirect sublicensing or
distribution of Covered Code by You to any third party in any form
or manner.
1.5 "Larger Work" means a work that combines Covered Code or portions
thereof with code not governed by the terms of this License.
1.6 "Modifications" mean any addition to, deletion from, and/or change
to, the substance and/or structure of the Original Code, any
previous Modifications, the combination of Original Code and any
previous Modifications, and/or any respective portions thereof. When
code is released as a series of files, a Modification is: (a) any
addition to or deletion from the contents of a file containing
Covered Code; and/or (b) any new file or other representation of
computer program statements that contains any part of Covered Code.
1.7 "Original Code" means (a) the Source Code of the Program or other
work as originally made available by Licensor under this License,
including the Source Code of any updates or upgrades to such
programs or works made available by Licensor under this License, and
that has been expressly identified by Licensor as such in the header
file(s) of such work; and (b) the object code compiled from such
Source Code and originally made available by Licensor under this
License.
1.8 "Personal and Non-Commercial Use" means use of Covered Code solely
for an individual's personal, private, educational and other
non-commercial purposes. If the use is required, dictated or
recommended by someone else, it is not considered as personal use.
1.9 "Source Code" means the human readable form of a program or other
work that is suitable for making modifications to it, including all
modules it contains, plus any associated interface definition files,
scripts used to control compilation and installation of an
executable (object code).
1.10 "You" or "Your" means an individual or a legal entity exercising
rights under this License. For legal entities, "You" or "Your"
includes any entity which controls, is controlled by, or is under
common control with, You, where "control" means (a) the power,
direct or indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or (b) ownership of fifty
percent (50%) or more of the outstanding shares or beneficial
ownership of such entity.
2 Permitted Use and Restrictions
Subject to the terms and conditions of this License, Licensor hereby
grants You, effective on the date You accept this License by
downloading, installing or using the Original Code, a world-wide,
royalty-free, non-exclusive license, to the extent of Licensor
Applicable Patent Rights and copyrights covering the Original Code,
to do the following:
2.1 You may yourself use, reproduce, display and perform Original Code
solely for your internal R&D and/or Personal and Non-Commercial Use,
provided that You retain and reproduce in all copies of Original
Code the copyright and other proprietary notices and disclaimers,
including any warranty disclaimer, of Licensor as they appear in the
Original Code, and keep intact all notices in the Original Code that
refer to this License and any warranty disclaimer contained in this
License.
2.2 You may modify, distribute and bundle Original Code, with or without
modifications, with other software, provided that in each instance:
(a) You must retain and reproduce in all copies of Original Code
the copyright and other proprietary notices and disclaimers,
including any warranty disclaimer, of Licensor as they
appear in the Original Code, and keep intact all notices in
the Original Code that refer to this License and any
warranty disclaimer contained in this License;
(b) You must include a copy of this License and the MindTerm End
User License Agreement, including procedures for acceptance
or non-acceptance of the same, with every copy of Covered
Code and documentation You distribute, and You may not offer
or impose any terms that alter or restrict the licenses or
the recipients' rights hereunder, except as permitted under
Section 6;
(c) You must duplicate, to the extent it does not already exist,
the notice in Exhibit A in each file of the Source Code of
all Your Modifications, and cause the modified files to
carry prominent notices stating that You changed the files
and the date of any change;
(d) You must make Source Code of all Your Deployed modifications
publicly available under the terms of this License,
including the license grants set forth in Section 3 below,
for as long as you Deploy the Covered Code or twelve (12)
months from the date of initial Deployment, whichever is
longer. You should preferably distribute the Source Code of
Your Deployed Modifications electronically (e.g. download
from a web site);
(e) If You Deploy Covered Code in object code, executable form
only, You must include a prominent notice, in the code
itself as well as in related documentation, stating that
Source Code of the Covered Code is available under the terms
of this License with information on how and where to obtain
such Source Code;
(f) You may not charge anything for the Program or any of the
Covered Code, except for a reasonable handling fee and you
must cause any code that you distribute or publish, that is
work based on the Program, in whole or in part, to be
licensed as a whole at no charge under the terms of this
License; and
(g) You may not distribute the Program or Covered Code as part
of a commercial product or if it is intended to be used
together with a commercial product.
(h) To use the Program or anything based on Covered Code, all
users shall be bound by the MindTerm End User License
agreement.
2.3 Notwithstanding the rights granted in Sections 2.1 and 2.2 above You
must observe the following. The Original code contains third party
software libraries copyrighted under their own licenses.
Redistribution of Libraries in source code, with or without
modification, or redistribution in binary form falls under the terms
of the licenses for the corresponding Libraries. The licenses are
included in the source distribution. Accordingly, You are granted no
other right to modify and/or redistribute the Libraries than already
provided for by the license of the Libraries as further specified in
the applicable license agreements which is set forth on Exhibit B.
Future releases or updates of Original Code may include additional
third party libraries not listed in Exhibit B in this agreement.
They will be clearly marked by Licensor as third party software, and
if they are used, their license agreements must be obeyed.
2.4 You expressly acknowledge and agree that although Licensor and each
Contributor grants the licenses to their respective portions of the
Covered Code set forth herein, no assurances are provided by
Licensor or any Contributor that the Covered Code does not infringe
the patent or other intellectual property rights of any other
entity. Licensor and each Contributor disclaim any liability to You
for claims brought by any other entity based on infringement of
intellectual property rights or otherwise. As a condition to
exercising the rights and licenses granted hereunder, You hereby
assume sole responsibility to secure any other intellectual property
rights needed, if any. For example, if a third party patent license
is required to allow You to distribute the Covered Code, it is Your
responsibility to acquire that license before distributing the
Covered Code.
3 Your Grants
In consideration of, and as a condition to, the licenses granted to
You under this License:
(a) You hereby grant to Licensor and all third parties a
non-exclusive, royalty-free license, under Your Applicable
Patent Rights and other intellectual property rights (other
than patent) owned or controlled by You, to use, reproduce,
display, perform, modify, distribute and Deploy Your
Modifications of the same scope and extent as Licensor's
licenses under Sections 2.1 to 2.3; and
(b) You hereby grant to Licensor and its affiliates a
non-exclusive, world-wide, royalty-free, perpetual and
irrevocable license, under Your Applicable Patent Rights and
other intellectual property rights (other than patent) owned
or controlled by You, to use, reproduce, display, perform,
modify or have modified (for Licensor and/or its
subsidiaries), sublicense and distribute Your Modifications,
in any form, through multiple tiers of distribution.
4 Larger Works
Except as expressly stated herein You may create a Larger Work by
combining Covered Code with other code not governed by the terms of
this License and distribute the Larger Work as a single product. In
each such instance, You must make sure the requirements of this
License are fulfilled for the Covered Code or any portion thereof.
5 Limitations on License
Except as expressly stated in Section 2, no other rights, express or
implied, are granted by Licensor herein. Other use than expressly
permitted herein require additional commercial licenses, such as an
OEM license, from Licensor which Licensor may grant in its sole
discretion. Any attempt to otherwise copy, modify, sublicense or
distribute the Program or the Covered Code is void and will
terminate Your rights under this License as provided in Section
12.1.
6 Additional Terms
You may choose to offer, and to charge a fee for, warranty, support,
indemnity or liability obligations and/or other rights consistent
with the scope of the license granted herein ("Additional Terms") to
one or more recipients of Covered Code. However, You may do so only
on Your own behalf and as Your sole responsibility, and not on
behalf of Licensor or any Contributor. You must obtain the
recipient's agreement that any such Additional Terms are offered by
You alone, and You hereby agree to indemnify, defend and hold
Licensor and every Contributor harmless for any liability incurred
(including reasonable attorney’s fees) by or claims asserted against
Licensor or such Contributor by reason of any such Additional Terms.
7 Versions of the License
Licensor may publish revised and/or new versions of this License
from time to time. Each version will be given a distinguishing
version number. Once Original Code has been published under a
particular version of this License, You may continue to use it under
the terms of that version. You may also choose to use such Original
Code under the terms of any subsequent version of this License
published by Licensor. No one other than Licensor has the right to
modify the terms applicable to Covered Code created under this
License.
8 NO WARRANTY
BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT
WHEN OTHERWISE STATED IN WRITING, LICENSOR AND ALL CONTRIBUTORS
PROVIDE THE PROGRAM "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.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS
WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
9 LIMITATION OF LIABILITY
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
WRITING WILL LICENSOR AND ALL CONTRIBUTORS, OR ANY OTHER PARTY WHO
MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE
LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF
DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR
THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
10 Trademarks
This License does not grant any rights to use names, any other
trademarks or trade names belonging to Licensor (“Licensor Marks”)
or to any trademark or trade name belonging to any Contributor. No
Licensor Marks may be used to endorse or promote products derived
from the Original Code.
11 Ownership
Subject to the licenses granted under this License, each Contributor
retains all rights, title and interest in and to any Modifications
made by such Contributor. Licensor retains all rights, title and
interest in and to the Original Code and any Modifications made by
or on behalf of Licensor ("Licensor Modifications"), and such
Licensor Modifications will not be automatically subject to this
License. Licensor may, at its sole discretion, choose to license
such Licensor Modifications under this License, or on different
terms from those contained in this License or may choose not to
license them at all.
12 Termination
12.1 Termination
This License and the rights granted hereunder will terminate:
(a) automatically without notice from Licensor if You fail to
comply with any term(s) of this License and fail to cure
such breach within 30 days of becoming aware of such breach,
or
(b) automatically without notice from Licensor if You, at any
time during the term of this License, commence any action
against Licensor relating to the program, the Covered code
or this License.
12.2 Effect of Termination
Upon termination, You agree to immediately stop any further use,
reproduction, modification, sublicensing and distribution of the
Covered Code and to destroy all copies of the Covered Code that are
in your possession or control. All sublicenses to the Covered Code
which have been properly granted prior to termination shall survive
any termination of this License. Provisions which, by their nature
or wording, should remain in effect beyond the termination of this
License shall so survive. No party will be liable to any other for
compensation, indemnity or damages of any sort solely as a result of
terminating this License in accordance with its terms, and
termination of this License will be without prejudice to any other
right or remedy of any party.
13 Miscellaneous
13.1 Government End Users
The Covered Code is a "commercial item" as defined in FAR 2.101.
Government software and technical data rights in the Covered Code
include only those rights customarily provided to the public as
defined in this License. This customary commercial license in
technical data and software is provided in accordance with FAR
12.211 (Technical Data) and 12.212 (Computer Software) and, for
Department of Defence purchases, DFAR 252.227-7015 (Technical Data
-- Commercial Items) and 227.7202-3 (Rights in Commercial Computer
Software or Computer Software Documentation). Accordingly, all U.S.
Government End Users acquire Covered Code with only those rights set
forth herein.
13.2 Independent Development
Nothing in this License will impair Licensor's right to acquire,
license, develop, have others develop for it, market and/or
distribute technology or products that perform the same or similar
functions as, or otherwise compete with, Modifications, Larger
Works, technology or products that You may develop, produce, market
or distribute.
13.3 Waiver; Construction
Failure by Licensor or any Contributor to enforce any provision of
this License will not be deemed a waiver of future enforcement of
that or any other provision. Any law or regulation which provides
that the language of a contract shall be construed against the
drafter will not apply to this License.
13.4 Dispute Resolution
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 and You hereby consent
to such jurisdiction and venue.
13.5 Construction
If conditions are imposed on You (either by court order or
otherwise) that contradict the terms and conditions of this License,
then You are not excused from the terms and conditions of this
License. Accordingly, if you cannot simultaneously satisfy the
obligations under this License and any other obligations applicable
to You, then you may not exercise your rights under this License.
13.6 Severability
If any portion of this License is held invalid or unenforceable,
then the remaining portions of this License shall continue in full
force and effect.
13.7 Export Laws
You agree to comply with, and are solely responsible for complying
with, all applicable export control laws. You hereby agree to
indemnify, defend and hold Licensor and every Contributor harmless
for any liability incurred (including reasonable attorney's fees) by
or claims asserted against Licensor or such Contributor by reason of
any such non-compliance. You may limit geographical distribution of
the Covered Code so as to comply with any applicable export control
laws.
EXHIBIT A
Copyright © 1999-2003 AppGate Network Security AB. All Rights Reserved.
This file contains Original Code and/or Modifications of Original Code as
defined in and that are subject to the MindTerm Public Source License,
Version x.y [current version here], (the 'License'). You may not use this
file except in compliance with the License. Please obtain a copy of the
License at http://www.appgate.com and read it before using this file.
EXHIBIT B
The MindTerm distribution includes the following third party software. These
modules can be removed from the product with only a minor loss of
functionality, but if used, their license terms must be followed.
Jcraft
The JCraft zlib implementation is used to, optionally, compress data before
it is sent over the SSH channel. It is covered by the following license:
Copyright (c) 2000,2001,2002,2003 ymnk, JCraft,Inc. All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright
notice,
this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
3. The names of the authors may not be used to endorse or promote
products
derived from this software without specific prior written
permission.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
IN NO EVENT SHALL JCRAFT, INC. OR ANY CONTRIBUTORS TO THIS SOFTWARE
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
ISNetworks
The ISNetworks file browser implements a file browser GUI which is
used in the file transfer code. It is covered by the following
license:
/*
* License for ISNetworks' MindTerm SCP modifications
*
* Copyright (c) 2001 ISNetworks, LLC. All rights reserved.
*
* Redistribution and use in source and binary forms, with or without
* modification, are permitted provided that the following conditions
* are met:
*
* 1. Redistributions of source code must retain the above copyright
* notice, this list of conditions and the following disclaimer.
*
* 2. Redistributions in binary form must reproduce the above copyright
* notice, this list of conditions and the following disclaimer in
* the documentation and/or other materials provided with the
* distribution.
*
* 3. The end-user documentation included with the redistribution, if
* any, must include an acknowlegement that the software contains
* code based on contributions made by ISNetworks, and include
* a link to http://www.isnetworks.com/.
*
* THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED
* WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
* OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
* DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR
* ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
* SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
* LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
* USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
* ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
* OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
* OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
* SUCH DAMAGE.
*
*/
PCA 9 version 2.2