Alcuni prodotti commerciali hanno delle licenze d'uso interessanti, perché permettono a determinate categorie di persone l'utilizzo gratuito. Frequentemente si usa la definizione di uso «non-commerciale», che in ogni caso non è un concetto preciso e univoco, per cui è sempre necessario verificare il testo delle licenze d'uso.
SSH (Secure Shell) NON-COMMERCIAL LICENSE (Version 1, May 27th, 1996)
Copyright (C) 1995, 1996, 1997, 1998 SSH Communications Security Ltd., Finland <info@ssh.fi>. All rights reserved.
For commercial licensing please contact Data Fellows, Ltd. Data Fellows has exclusive licensing rights for the technology for commercial purposes. Data Fellows offers commercial versions of SSH with maintenance agreements in addition to various licensing options for the technology itself. You can contact Data Fellows at <f-secure-ssh-sales@datafellows.com>, http://www.datafellows.com/, tel Int.+358-9-478 444 or fax Int.+358-9-4784 4599.
This License applies to the computer program(s) known as "SSH (Secure Shell)." The "Program", below, refers to such program, 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 SSH Communications Security (the "Licensor").
BY USING, MODIFYING AND/OR DISTRIBUTING THE PROGRAM (OR ANY WORK BASED ON THE PROGRAM), YOU INDICATE YOUR ACCEPTANCE OF THIS LICENSE, AND ALL ITS TERMS AND CONDITIONS FOR COPYING, DISTRIBUTING OR MODIFYING THE PROGRAM OR WORKS BASED ON IT. NOTHING OTHER THAN THIS LICENSE GRANTS YOU PERMISSION TO USE, MODIFY AND/OR DISTRIBUTE THE PROGRAM OR ITS DERIVATIVE WORKS. THESE ACTIONS ARE PROHIBITED BY LAW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE, MODIFY AND/OR DISTRIBUTE THE PROGRAM.
1. Licenses.
Licensor hereby grants you the following rights, provided that you comply with all of the restrictions set forth in this License and provided, further, that you distribute an unmodified copy of this License with the Program:
(a) You may copy and distribute literal (i.e., verbatim) copies of the Program's source code as you receive it throughout the world, in any medium.
Local regulations may exist which limit your rights to distribute or use cryptographic software. The Licensor is not responsible for unauthorized distribution or use of the Program in such territories.
(b) You may use the program for non-commercial purposes only, meaning that the program must not be sold commercially as a separate product, as part of a bigger product or project, or otherwise used for financial gain without a separate license. Please see Section 2, Restrictions, for more details.
Use by individuals and non-profit organizations is always allowed. Companies are permitted to use this program as long as it is not used for revenue-generating purposes. For example, an Internet service provider is allowed to install this program on their systems and permit clients to use SSH to connect; however, actively distributing SSH to clients for the purpose of providing added value requires separate licensing. Similarly, a consultant may freely install this software on a client's machine for his own use, but if he/she sells the client a system that uses SSH as a component, a separate license is required. If a company includes this program or a derivative work thereof, as part of its product, commercial licensing is required.
(c) You may build derived versions of this software under the restrictions stated in Section 2, Restrictions, of this license. The derived versions must be clearly marked as such and must be called by a name other than SSH or F-Secure SSH. SSH and F-Secure SSH are trademarks of SSH Communications Security and Data Fellows.
All derived versions of the Program must be made freely available under the terms of this license. SSH Communications Security and Data Fellows must be given the right to use the modified source code in their products without any compensation and without being required to separately name the parties whose modifications are being used.
2. Restrictions.
(a) Distribution of the Program or any work based on the Program by a commercial organization to any third party is prohibited if any payment is made in connection with such distribution, whether directly (as in payment for a copy of the Program) or indirectly (as in payment for some service related to the Program, or payment for some product or service that includes a copy of the Program "without charge", or payment for some product or service the delivery of which requires for the recipient to retrieve/download or otherwise obtain a copy of the Program; these are only examples, and not an exhaustive enumeration of prohibited activities).
As an exception to the above rule, putting this program on CD-ROMs containing other free software is explicitly permitted even when a modest distribution fee is charged for the CD, as long as this software is not a primary selling argument for the CD.
(b) Activities other than copying, distribution and modification of the Program are not subject to this License and they are outside its scope. Functional use (running) of the Program is not restricted.
(c) You must meet all of the following conditions with respect to the distribution of any work based on the Program:
(i) All modified versions of the Program, must carry prominent notice stating that the Program has been modified. The notice must indicate who made the modifications and how the Program's files were modified and the date of any change;
(ii) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole and at no charge to all third parties under the terms of this License;
(iii) You must cause the Program, at each time it commences operation, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty). The notice must also tell the user how to view the copy of the License included with the Program, and state that users may redistribute the Program only under the terms of this License;
(iv) You must accompany any such work based on the Program with the complete corresponding machine-readable source code, delivered on a medium customarily used for software interchange. The source code for a work means the preferred form of the work for making modifications to it;
(v) If you distribute any written or printed material at all with the Program or any work based on the Program, such material must include either a written copy of this License, or a prominent written indication that the Program or the work based on the Program is covered by this License and written instructions for printing and/or displaying the copy of the License on the distribution medium;
(vi) You may not change the terms in this License or impose any further restrictions on the recipient's exercise of the rights granted herein.
3. Reservation of Rights.
No rights are granted to the Program except as expressly set forth herein. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
4. Limitations.
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 THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES 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.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY USE, 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.
5. General.
Some of the source code aggregated with this distribution is licensed by third parties under different terms, so the restrictions above may not apply to such components.
We do not imply to give any licenses to any patents or copyrights held by third parties. As far as we know, all included source code is used in accordance with the relevant license agreements and can be used and distributed freely for any purpose (the GNU license being the most restrictive); see below for details.
The RSA algorithm and even the concept of public key encryption are claimed to be patented in the United States. These patents may interfere with your right to use this software. It is possible to compile the software using the RSAREF2 library by giving --with-rsaref on the configure command line. This may or may not make it legal to use this software for non-commercial purposes in the United States (we have sent a query about this to RSADSI (on July 10, 1995), but have not received a final answer yet). The RSAREF2 distribution is not included in this distribution, but can be obtained from almost any ftp site world-wide containing cryptographic materials. Using RSAREF is not recommended outside the United States. See "http://www.cs.hut.fi/crypto/" if you have trouble finding the RSAREF library.
The IDEA algorithm is claimed to be patented in the United States and several other countries. We have been told by Ascom-Tech (the patent holder) that IDEA can be used freely for non-commercial use. A copy of their letter is at the end. The software can be compiled without IDEA by specifying the --without-idea option on the configure command line.
The DES implementation in this distribution is derived from the libdes library by Eric Young <eay@mincom.oz.au>. It can be used under the Gnu General Public License (libdes-COPYING) or the Artistic License (libdes-ARTISTIC), at your option. See libdes-README for more information. Eric Young has kindly given permission to distribute the derived version under these terms. The file crypt.c is fcrypt.c from SSLeay-0.4.3a by Eric Young; he permits free use.
The GNU Multiple Precision Library, included in this release and linked into the executable, is distributed under the GNU Library Public License. A copy can be found in gmp-2.0/COPYING.LIB.
The zlib compression library is copyright Jean-loup Gailly and Mark Adler. Anyone is permitted to use the library for any purpose. A copy of the license conditions can be found in zlib-1.0.4/README.
The make-ssh-known-hosts script was contributed by Tero Kivinen <kivinen@niksula.hut.fi> and is distributed under the GNU General Public License. A copy can be found in gnu-COPYING-GPL.
Some files, such as memmove.c and random.c, are owned by the Regents of the University of California, and can be freely used and distributed. License terms are included in the affected files. The file scp.c is derived from code owned by the Regents of the University of California, and can be used freely.
The TSS encryption algorithm implementation in tss.c is copyright Timo Rinne <tri@iki.fi> and Cirion Oy. It is used with permission, and permission has been given for anyone to use it for any purpose as part of SSH.
The MD5 implementation in md5.c was taken from PGP and is due to Colin Plumb. Comments in the file indicate that it is in the public domain.
The 32-bit CRC implementation in crc32.c is due to Gary S. Brown. Comments in the file indicate it may be used for any purpose without restrictions.
In some countries, particularly France, Russia, Iraq, and Pakistan, it may be illegal to use any encryption at all without a special permit, and the rumor is that you cannot get a permit for any strong encryption.
If you are in the United States, you should be aware that while this software was written outside the United States using information publicly available everywhere, the United States Government may consider it a criminal offence to export this software from the United States once it has been imported. The rumor is that "the federal mandatory sentencing guidelines for this offence are 41 to 51 months in federal prison". The rumor says that the US government considers putting the software available on an ftp site the same as exporting it. Contact the Office of Defence Trade Controls if you need more information. Also, please write to your congress and senate representatives to get these silly and unconstitutional restrictions dropped.
Note that any information and cryptographic algorithms used in this software are publicly available on the Internet and at any major bookstore, scientific library, and patent office world-wide. More information can be found e.g. at "http://www.cs.hut.fi/crypto/".
The legal status of this program is some combination of all these permissions and restrictions. Use only at your own responsibility. You will be responsible for any legal consequences yourself; we are not making any claims whether possessing or using this is legal or not in your country, and we are not taking any responsibility on your behalf.
Below is a copy of a message that we received from Ascom, the holder of the IDEA patent.
Date: Tue, 15 Aug 95 09:09:59 CET
From: IDEA@ascom.ch (Licensing Systec)
Encoding: 3001 Text
To: ylo@cs.hut.fi
Subject: Phone Call 15.8.95
Dear Mr. Ylonen
Thank you for your inquiry about the IDEA encryption algorithm.
Please excuse the delay in answering your fax sent 26.6.95.
Here is the information you requested :
Non commercial use of IDEA is free. The following examples (regarding
PGP) should clarify what we mean by commercial and non-commercial use
Here are some examples of commercial use of PGP:
1. When PGP is used for signing and/or encrypting e-mail messages
exchanged between two corporations.
2. When a consultant uses PGP for his communications with his client
corporations.
3. When a bank makes PGP available to its clients for telebanking and
charges them money for it (directly or indirectly).
4. When you use the software you receive from a company for commercial
purposes (telebanking included).
Some examples of non commercial use:
1. When an individual uses PGP for his private communications.
2. When an individual obtains PGP on the Internet and uses it for
telebanking (assuming this is approved by the bank).
3. When you use the software you receive from a company for private
purposes (telebanking excluded).
You may use IDEA freely within your software for non commercial use.
If you include IDEA in your software, it must include the following
copy right statement :
1. Copyright and Licensing Statement
IDEA(tm) is a trademark of Ascom Systec AG. There is no license fee
required for non-commercial use. Commercial users of IDEA may
obtain licensing information from Ascom Systec AG.
e-mail: IDEA@ascom.ch
fax: ++41 64 56 59 54
For selling the software commercially a product license is required:
The PRODUCT LICENSE gives a software developer the right to implement
IDEA in a software product and to sell this product worldwide. With
the PRODUCT LICENSE we supply a source listing in C and a software
manual. We charge an initial fee per company and a percentage of sales
of the software product or products (typically between .5 and 4 per
cent of the sales price, depending on the price and the importance of
IDEA for the product).
For further information please do not hesitate to contact us.
Best regards,
Roland Weinhart
Ascom Systec Ltd
IDEA Licensing @@@@@ @@@@@ @@@@@ @@@@@ @@@@@@@
Gewerbepark @ @ @ @ @ @ @ @
CH-5506 Maegenwil @@@@@ @@@@@ @ @ @ @ @ @
Switzerland @ @ @ @ @ @ @ @ @
Phone ++41 64 56 59 54 @@@@@ @@@@@ @@@@@ @@@@@ @ @ @
Fax ++41 64 56 59 98
|
XV Licensing Information
XV IS SHAREWARE FOR PERSONAL USE ONLY.
You may use XV for your own amusement, and if you find it nifty, useful, generally cool, or of some value to you, your registration fee would be greatly appreciated. $25 is the standard registration fee, though of course, larger amounts are quite welcome. Folks who donate $40 or more can receive a printed, bound copy of the XV manual for no extra charge. If you want one, just ask. BE SURE TO SPECIFY THE VERSION OF XV THAT YOU ARE USING!
COMMERCIAL, GOVERNMENT, AND INSTITUTIONAL USERS MUST REGISTER THEIR COPIES OF XV.
This does *not* mean that you are required to register XV just because you play with it on the workstation in your office. This falls under the heading of 'personal use'. If you are a sysadmin, you can put XV up in a public directory for your users amusement. Again, 'personal use', albeit plural.
On the other hand, if you use XV in the course of doing your work, whatever your 'work' may happen to be, you *must* register your copy of XV. (Note: If you are a student, and you use XV to do classwork or research, you should get your professor/teacher/advisor to purchase an appropriate number of copies.)
XV licenses are $25 each. You should purchase one license per workstation, or one per XV user, whichever is the smaller number. XV is *not* sold on a 'number of concurrent users' basis. If XV was some $1000 program, yes, that would be a reasonable request, but at $25, it's not. Also, given that XV is completely unlocked, there is no way to enforce any 'number of concurrent users' limits, so it isn't sold that way.
Printed and bound copies of the 100-odd page XV manual are available for $15 each. Note that manuals are *only* sold with, at minimum, an equal number of licenses. (e.g. if you purchase 5 licenses, you can also purchase *up to* 5 copies of the manual)
The source code to the program can be had (as a compressed 'tar' file split over a couple 3.5" MS-DOS formatted floppies) for $15, for those who don't have ftp capabilities.
Orders outside the US and Canada must add an additional $5 per manual ordered to cover the additional shipping charges.
Checks, money orders, and purchase orders are accepted. Credit cards are not. All forms of payment must be payable in US Funds. Checks must be payable through a US bank (or a US branch of a non-US bank). Purchase orders for less than $50, while still accepted, are not encouraged.
All payments should be payable to 'John Bradley', and mailed to:
John Bradley
1053 Floyd Terrace
Bryn Mawr, PA 19010
USA
|
Site Licenses
If you are planning to purchase 10 or more licenses, site licenses are available, at a substantial discount. Site licenses let you run XV on any and all computing equipment at the site, for any purpose whatsoever. The site license covers the current version of XV, and any versions released within one year of the licensing date. You are also allowed to duplicate and distribute an unlimited number of copies of the XV manual, but only for use within the site. Covered versions of the software may be run in perpetuity.
Also, it should be noted that a 'site' can be defined as anything you'd like. It can be a physical location (a room, building, location, etc.), an organizational grouping (a workgroup, department, division, etc.) or any other logical grouping ("the seventeen technical writers scattered about our company", etc.).
The site license cost will be based on your estimate of the number of XV users or workstations at your site, whichever is the smaller number.
If you are interested in obtaining a site license, please contact the author via electronic mail or FAX (see below for details). Send information regarding your site (the name or definition of the 'site', a physical address, a fax number, and an estimate of the number of users or workstations), and we'll get a site license out to you for your examination.
Copyright Notice
XV is Copyright 1989, 1994 by John Bradley
Permission to copy and distribute XV in its entirety, for non-commercial purposes, is hereby granted without fee, provided that this license information and copyright notice appear in all copies.
If you redistribute XV, the *entire* contents of this distribution must be distributed, including the README, and INSTALL files, the sources, and the complete contents of the 'docs' directory.
Note that distributing XV 'bundled' in with any product is considered to be a 'commercial purpose'.
Also note that any copies of XV that are distributed MUST be built and/or configured to be in their 'unregistered copy' mode, so that it is made obvious to the user that XV is shareware, and that they should consider registering, or at least reading this information.
The software may be modified for your own purposes, but modified versions may not be distributed without prior consent of the author.
This software is provided 'as-is', without any express or implied warranty. In no event will the author be held liable for any damages arising from the use of this software.
If you would like to do something with XV that this copyright prohibits (such as distributing it with a commercial product, using portions of the source in some other program, distributing registered copies, etc.), please contact the author (preferably via email). Arrangements can probably be worked out.
The author may be contacted via:
US Mail: John Bradley
1053 Floyd Terrace
Bryn Mawr, PA 19010
FAX: (610) 520-2042
|
Electronic Mail regarding XV should be sent to one of these three addresses:
xv@devo.dccs.upenn.edu - general XV questions
xvbiz@devo.dccs.upenn.edu - all XV licensing questions
xvtech@devo.dccs.upenn.edu - bug reports, technical questions
|
Please do *not* send electronic mail directly to the author, as he gets more than enough as it is.
StarOffice 3.1 - Star Division EndUser License Agreement
BY OPENING THE CDROM PACKAGE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, RETURN THE COMPLETE PACKAGE UNOPENED TO THE PLACE OF PURCHASE FOR A FULL REFUND.
STAR DIVISION STAR OFFICE ENDUSER LICENSE AGREEMENT GRANT. REDISTRIBUTION NOT PERMITTED.
This Agreement has 3 parts. Part I applies if you have not purchased a license to the accompanying software (the "Software"). Part II applies if you have purchased a license to the Software. Part III applies to all license grants. If you initially acquired a copy of the Software without purchasing a license and you wish to purchase a license, contact Star Division GmbH ("Star Division") on the Internet at http:/www.stardivision.de
PART I TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID (LIMITED TO EVALUATION, EDUCATIONAL AND NONPROFIT USE) GRANT.
Star Division grants you a nonexclusive license to use the Software free of charge if (a) you are a student, faculty member or staff member of an educational institution (K12, junior college, college or library), a staff member of a religious organization, or an employee of an organization which meets Star Division's criteria for a charitable nonprofit organization; or (b) your use of the Software is for the purpose of evaluating whether to purchase an ongoing license to the Software. The evaluation period for use by or on behalf of a commercial entity is limited to 90 days; evaluation use by others is not subject to this 90 day limit. Government agencies (other than public libraries) are not considered educational, religious, or charitable nonprofit organizations for purposes of this Agreement. If you are using the Software free of charge, you are not entitled to support or telephone assistance. If you fit within the description above, you may use the Software in the manner described in Part III below under "Scope of Grant."
DISCLAIMER OF WARRANTY.
Free of charge Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and noninfringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not Star Division assume the entire cost of any service and repair. In addition, the security mechanisms implemented by Star Division software have inherent limitations, and you must determine that the Software sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of the agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
PART II TERMS APPLICABLE WHEN LICENSE FEES PAID GRANT.
Subject to payment of applicable license fees, Star Division grants to you a nonexclusive license to use the Software and accompanying online documentation ("Documentation") in the manner described in Part III below under "Scope of Grant."
LIMITED WARRANTY.
Star Division warrants that for a period of ninety (90) days from the date of acquisition, the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. Star Division does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be errorfree or secure. In addition, the security mechanisms implemented by Star Division software have inherent limitations, and you must determine that the Software sufficiently meets your requirements. Star Division also warrants that the media containing the Software, if provided by Star Division, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Software. Star Division's sole liability for any breach of this warranty shall be, in Star Division's sole discretion: (i) to replace your defective media; or (ii) to advise ou how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) if the above remedies are impracticable, to refund the license fee you paid for the Software. Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date (a) of shipment to you of the repaired or replaced Software, or (b) Star Division advised you how to operate the Software so as to achieve the functionality described in the Documentation. Only if you inform Star Division of your problem with the Software during the applicable warranty period and provide evidence of the date you purchased a license to the Software will Star Division be obligated to honor this warranty. Star Division will use reasonable commercial efforts to repair, replace, advise or, for individual consumers, refund pursuant to the foregoing warranty within 30 days of being so notified.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY Star Division. Star Division MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO STAR DIVISION DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the software was designed to be used as described in the Documentation. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
PART III TERMS APPLICABLE TO ALL LICENSE GRANTS
SCOPE OF GRANT.
You may:
* use the Software on any single computer;
* use the Software on a network, provided that each person accessing the Software through the network must have a copy licensed to that person;
* use the Software on a second computer so long as only one copy is used at a time;
* copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices; or
* if you have purchased licenses for a 10 Pack or a 50 Pack, make up to 10 or 50 copies, respectively, of the Software (but not the Documentation), provided any copy must contain all of the original Software's proprietary notices. The number of copies is the total number of copies that may be made for all platforms. Additional copies of Documentation may be purchased.
You may not:
* permit other individuals to use the Software except under the terms listed above;
* permit concurrent use of the Software;
* modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software;
* copy the Software other than as specified above;
* rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or
* remove any proprietary notices or labels on the Software.
TITLE.
Title, ownership rights, and intellectual property rights in the Software shall remain in Star Division and/or its suppliers. The Software is protected by the copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This License gives you no rights to such content.
TERMINATION.
The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.
EXPORT CONTROLS.
None of the Software or underlying information or technology may be exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL STAR DIVISION OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EENT WILL STAR DIVISION BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT STAR DIVISION RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF STAR DIVISION SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES.
The Software is not faulttolerant and is not designed, manufactured or intended for use or resale as online control equipment in hazardous environments requiring failsafe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Star Division and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
MISCELLANEOUS.
If the copy of the Software you received was accompanied by a printed or other form of "hardcopy" End User License Agreement whose terms vary from this Agreement, then the hardcopy End User License Agreement governs your use of the Software. This Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Utah law (except for conflict of law provisions). The application the United Nations Conventio of Contracts for the International Sale of Goods is expressly excluded.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial ComputerRestricted Rights clause at FAR 52.22719 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.2277013, or at 252.2117015, or to Star Division's standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Star Division, Sachsenfeld 4, 20097 Hamburg, Germany.
Important Notice: This Netscape License Agreement Supersedes Any Other Netscape Printed or Electronic License Agreement Accompanying the Netscape Client Software Product You Have Acquired.
BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES YOU DO NOT ACCEPT THE TERMS AND DO NOT INSTALL THE SOFTWARE. (IF APPLICABLE, YOU MAY RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.)
NETSCAPE CLIENT SOFTWARE END USER LICENSE AGREEMENT REDISTRIBUTION OR RENTAL NOT PERMITTED
This Agreement sets forth the terms and conditions of your use of the accompanying Netscape client software product(s) (the "Software"). Any third party software that is provided with the Software with such third party's license agreement (in either electronic or printed form) is included for use at your option. If you choose to use such software, then such use shall be governed by such third party's license agreement and not by this Agreement. As used in this Agreement, for residents of Europe, the Middle East and Africa, "Netscape" shall mean Netscape Communications Ireland Limited; for residents of Japan, "Netscape" shall mean Netscape Communications (Japan), Ltd.; for residents of all other countries, "Netscape" shall mean Netscape Communications Corporation. For purposes of this Agreement, "Licensor" shall be defined as follows: If you have acquired a third party product or service and such product or service included the Software, then such third party shall be the Licensor. Otherwise, Netscape shall be the Licensor.
LICENSE GRANT. Licensor grants you a non-exclusive and non-transferable license to use the Software and accompanying documentation ("Documentation"), subject to the limitations below. If the Software is Netscape Navigator, Netscape Navigator Gold or Netscape Communicator Standard Edition software ("Standard Software"), or it is Netscape Communicator Professional Edition software which you are using for a limited time for the purpose of evaluating whether to purchase an ongoing license to that product ("Evaluation Software"), there is no fee for this license. The evaluation period for use of Evaluation Software by or on behalf of a commercial entity is limited to ninety (90) days; evaluation use by others is not subject to this ninety (90) day limit. If the Software is any Netscape client software product other than Standard Software or Evaluation Software, such as Netscape Communicator Professional Edition, Netscape Communicator Internet Access Edition, Netscape Communicator Deluxe Edition, or Netscape Publishing Suite ("Professional Software"), this license grant is subject to the payment of applicable license fees. Unless you have purchased a subscription for the Software, the license granted under this Agreement does not grant you any right to any enhancement or update to the Software. If you are using Standard Software or Evaluation Software, you are not entitled to hard-copy documentation, support or telephone assistance unless the entity from which you received Standard Software provides you with support. In addition, if the Software was included with a third party product or service, you may use the Software only with such product or service.
LIMITATIONS ON USE.
With respect to all Software, you may not:
* modify, translate, reverse engineer, decompile, disassemble (except and solely to the extent an applicable statute expressly and specifically prohibits such restrictions), or create derivative works based on the Software;
* rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or
* remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software, or in copies you have made of the Software.
With respect to Professional Software, the following additional restrictions apply. You may only:
* use the Professional Software on a single computer, except that (i) it may also be used on a second computer if only one (1) copy is used at a time, and (ii) if the Professional Software is Netscape Communicator Professional Edition and was licensed by a company or organization for use by an employee, then you may allow that employee to use a copy of Netscape Communicator Professional Edition at home. The home copy can either be copied from the employee's computer at work or downloaded from the Netscape web site at no cost. You may not duplicate the Documentation for home users, and no technical assistance will be provided for home use;
* use the Professional Software on a network if a licensed copy of the Professional Software has been acquired for each person permitted to access the Professional Software through the network;
* make a single copy of the Professional Software for archival purposes, and the copy must contain all of the original Professional Software's proprietary notices; and
* if you have purchased a license for multiple copies of the Professional Software, make the total number of copies of the Professional Software (but not the Documentation) stated on the packing slip(s), invoice(s), or Certificate(s) of Authenticity, provided any copy must contain all of the original Professional Software's proprietary notices. The number of copies on the packing slip(s), invoice(s), or Certificate(s) of Authenticity is the total number of copies that may be made for all platforms. Additional copies of Documentation may be purchased from Licensor.
DISCLAIMER OF WARRANTY FOR STANDARD AND EVALUATION SOFTWARE. Standard Software and Evaluation Software are provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties that the Standard Software and Evaluation Software are free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Standard Software and Evaluation Software is borne by you. Should the Standard Software or Evaluation Software prove defective in any respect, you and not Licensor or its suppliers assume the entire cost of any service and repair. In addition, the security mechanisms implemented by the Standard Software and Evaluation Software have inherent limitations, and you must determine that the Standard Software and Evaluation Software sufficiently meet your requirements. This disclaimer of warranty constitutes an essential part of this Agreement. No use of the Standard Software or Evaluation Software is authorized hereunder except under this Disclaimer.
LIMITED WARRANTY FOR PROFESSIONAL SOFTWARE. If license fees have been paid, Licensor warrants that for a period of ninety (90) days from the date of acquisition, the Professional Software, if operated as directed, will substantially achieve the functionality described in the Documentation. Licensor does not warrant, however, that your use of the Professional Software will be uninterrupted or that the operation of the Professional Software will be error-free or secure. In addition, the security mechanisms implemented by the Professional Software have inherent limitations, and you must determine that the Professional Software sufficiently meets your requirements. Licensor also warrants that the media containing the Professional Software, if provided by Licensor, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Professional Software. Licensor's sole liability for any breach of this warranty shall be, in Licensor's sole discretion: (i) to replace your defective media or Professional Software; or (ii) to advise you how to achieve substantially the same functionality with the Professional Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) for individual consumers, if the above remedies are impracticable, to refund the license fee you paid for the Professional Software. Repaired, corrected, or replaced Professional Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Professional Software, or if longer, for thirty (30) days after the date (a) of delivery to you of the repaired or replaced Professional Software, or (b) Licensor advised you how to operate the Professional Software so as to achieve substantially the same functionality described in the Documentation.
Only if you inform Licensor of your problem with the Professional Software during the applicable warranty period and provide evidence of the date you purchased a license to the Professional Software will Licensor be obligated to honor this warranty. Licensor will use reasonable commercial efforts to repair, replace, advise or, for individual consumers, refund pursuant to the foregoing warranty within thirty (30) days of being so notified.
If any modifications are made to the Professional Software by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately terminate. This warranty shall not apply if the Professional Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Professional Software was intended to be used as described in the Documentation.
THIS IS A LIMITED WARRANTY, AND IT IS THE ONLY WARRANTY MADE BY LICENSOR OR ITS SUPPLIERS. LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY.
ENCRYPTION. If the Software contains cryptographic features, then you may wish to obtain a signed digital certificate from a certificate authority or a certificate server in order to utilize certain of the cryptographic features. You may be charged additional fees for certification services. You are responsible for maintaining the security of the environment in which the Software is used and the integrity of the private key file used with the Software. In addition, the use of digital certificates is subject to the terms specified by the certificate provider, and there are inherent limitations in the capabilities of digital certificates. If you are sending or receiving digital certificates, you are responsible for familiarizing yourself with and evaluating such terms and limitations. If the Software is a Netscape product with FORTEZZA, you will also need to obtain PC Card Readers and FORTEZZA Crypto Cards to enable the FORTEZZA features.
TITLE. Title, ownership rights, and intellectual property rights in the Software and Documentation shall remain in Netscape and/or its suppliers. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Netscape's or its suppliers' ownership of or rights with respect to the Software and Documentation. The Software and Documentation are protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and is protected by applicable law. The license granted under this Agreement gives you no rights to such content.
TERMINATION. This Agreement and the license granted hereunder will terminate automatically if you fail to comply with the limitations described herein. Upon termination, you must destroy all copies of the Software and Documentation. Your obligations to pay accrued charges and fees shall survive any termination of this Agreement.
EXPORT CONTROLS. None of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use the Software, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.
If the Software is identified as a not-for-export product (for example, on the box, media or in the installation process), then, unless you have an exemption from the United States Department of State, the following applies: EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN CITIZENS, THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY U.S. GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES. BY DOWNLOADING OR USING THE SOFTWARE, YOU ARE AGREEING TO THE FOREGOING AND YOU ARE WARRANTING THAT YOU ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A "FOREIGN PERSON."
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT, OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSOR RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM LICENSOR'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, Licensor and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
MISCELLANEOUS. This Agreement represents the complete agreement concerning the license granted hereunder and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in Santa Clara County, California, under the auspices of JAMS/EndDispute, with the losing party paying all costs of arbitration. This Agreement shall be governed by California law, excluding conflict of law provisions (except to the extent applicable law, if any, provides otherwise). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
U.S. GOVERNMENT END USERS. The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.
Netscape Client Software EULA Rev. 012798
X11R6.4 Non Commercial Use License
Copyright (C) 1998, The Open Group. All Rights Reserved
This software, both binary and source (hereafter, Software) is copyrighted by The Open Group and ownership remains with The Open Group.
The Open Group grants you (hereafter, Licensee) a non-exclusive license to use the Software for any non-commercial purpose, without a fee. Non-commercial use is defined as use which does not directly generate revenue for Licensee, e.g., distribution, as a standalone product or as packaged or integrated with another product, for a fee. Use of the Software for purposes of development of a commercial product but which does not include distribution of the Software is not considered "commercial use" under this License. Any Licensee wishing to make commercial use of the Software should contact The Open Group to upgrade to a license appropriate for such use.
Licensee may distribute the binary and source code (if released) to third parties provided that The Open Group's copyright notice and this license agreement appear in their entirety on all copies of the software or derivative works thereof, and The Open Group is publicly and prominently acknowledged as the original source of this Software. Distribution of the Software need not count toward the binary distribution limits prescribed by Licensee's X11R6.4 license, if any.
Licensee may make derivative works, provided such derivatives can only be used for purposes specified in the license grant above. However, if Licensee distributes any derivative work based on or derived from the Software, then Licensee will (1) clearly notify users that such derivative work is a modified version and not the original software distributed by The Open Group, and of the date of such modification, (2) charge no fee therefor, and (3) publicly and prominently acknowledge The Open Group as the original source of this Software.
The Open Group makes no representations or warranties about the serviceability of this Software for any purpose. THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPEN GROUP SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THIS SOFTWARE OR ITS DERIVATIVES.
By using or copying this Software, Licensee agrees to abide by the copyright laws as well as all other applicable laws of the U.S. including, but not limited to, export control laws, and the other provisions of this license.
RESTRICTED RIGHTS: Use, duplication or disclosure by the government is subject to the restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software Clause as DFARS 252.227-7103 and FAR 52.227-10.
The Open Group shall have the right to terminate this license immediately by written notice upon Licensee's breach of, or non-compliance with, any of its terms. Licensee may be held legally responsible for any copyright infringement that is caused or encouraged by Licensee's failure to abide by the terms of this license.