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Non-commercial Version License agreement for SSH Secure Shell for Servers 3.2
SSH Communications Security Corp
SSH(r) Secure Shell(tm) License Agreement
SSH COMMUNICATIONS SECURITY CORP ("SSH") IS WILLING TO LICENSE THE SSH
SECURE SHELL FOR SERVERS 3.2 SOFTWARE AND ACCOMPANYING DOCUMENTATION
(COLLECTIVELY, "SOFTWARE") UPON THE CONDITION THAT YOU ACCEPT ALL OF THE
TERMS OF THIS NON-COMMERCIAL VERSION LICENSE AGREEMENT ("AGREEMENT").
PLEASE READ THESE TERMS CAREFULLY BEFORE INSTALLING OR USING THE
SOFTWARE. BY INSTALLING OR USING 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, SSH IS UNWILLING TO LICENSE THE
SOFTWARE TO YOU ("YOU"), AND YOU SHOULD NOT INSTALL OR USE THE SOFTWARE.
NON-COMMERCIAL VERSION LICENSE
To qualify for a Non-Commercial Version License, You must: (1) use the
Software solely on a system under the Linux, FreeBSD, NetBSD, or OpenBSD
operating system (whether for commercial or non-commercial use), or (2)
use the Software for non-commercial purposes as defined herein and be a
Non-Commercial Entity as defined herein, or (3) be an University User as
defined herein, or (4) be an Excluded Contractor as defined herein.
The term "Non-Commercial Entity" is limited to the following: university
or other educational institutions (such as pre-schools, elementary
schools, middle or junior high schools, high schools, and community or
junior colleges), non-profit organizations (such as public libraries,
charities, and other organizations created for the promotion of social
welfare), "University Users", and other individual users who use the
Software for personal use (such as connecting to an Internet Service
Provider for personal use, hobby, recreational, or educational
purposes). The term "University Users" is limited to students, faculty
members, researchers, administrators, support staff, and employees of a
university when acting in this capacity. The term "Excluded Contractor"
is limited to independent, solo contractors while performing work for a
Non-Commercial Entity, such as a university or other educational
institution in an individual capacity. If You qualify for a
Non-Commercial Version License, You may use the Software free of
charge. SSH reserves the right to further clarify the terms
Non-Commercial Entity, University Users and Excluded Contractor at its
sole determination.
If You do not qualify for a Non-Commercial Version License, then You
should discontinue the downloading or installation process and purchase
a Commercial Use License or obtain an Evaluation License.
GRANT OF LICENSE
Provided that you qualify for a Non-Commercial Version License as
specified above, and subject to the terms and conditions contained
herein, SSH hereby grants You, an end user, a personal,
non-transferable, non-exclusive, non-sublicensable license to install
and use the Software, free of charge, for non-commercial purposes only,
but if You are an Excluded Contractor (as defined above) or using the
Software under Linux, FreeBSD, NetBSD, or OpenBSD operating systems for
commercial and non-commercial purposes. In addition, subject to the
terms and conditions contained herein and provided that You meet the
requirement specified above for an Non-Commercial Version License, SSH
hereby grants to You, an end user, a non-transferable, non-exclusive,
non-sublicensable license, free of charge, to (1) modify and make
derivative works (such as software patches, bug fixes, or the creation
of additional features) to the Software, (2) to make copies of the
Software as necessary to make such modifications and derivative works,
all for non-commercial purposes only, but if You are an Excluded
Contractor (as defined above) or using the Software under Linux,
FreeBSD, NetBSD, or OpenBSD operating systems for commercial and
non-commercial purposes, provided that You hereby grant to SSH a
royalty-free, non-exclusive, irrevocable, worldwide, perpetual right to
use, copy, modify, make derivative works of, market, sell, distribute,
integrate, license and sublicense the modifications and derivative works
that You create.
In case You have multiple users for the Software within your
Non-Commercial Entity You may obtain an academic site license from SSH
at http://commerce.ssh.com.
For the avoidance of doubt, the following are considered examples of
commercial uses of the Software:
(1) use at or for a commercial enterprise;
(2) use for financial gain, personal or otherwise;
(3) use by government agencies;
(4) use by a telecommunication or Internet service provider company;
(5) use at home or while traveling for work for which You will be paid;
(6) use in connection with administering a commercial web site;
(7) use in connection with the provision of professional service for
which You are compensated (including paid system administration);
(8) bundling or integrating the Software with any hardware product or
another software product for commercial.
SSH and/or its licensors reserve all rights not expressly granted to You
herein. This license is not a sale of the Software or any copy of the
Software. The Software contains valuable trade secrets of SSH and its
licensors. All worldwide ownership of and all rights, titles and
interests in and to the Software, and all copies and portions of the
Software, including without limitation, all intellectual property rights
therein and thereto, are and will remain exclusively with SSH. The
Software is protected, among other ways, by the copyright laws of the
United States and international copyright treaties. All rights not
expressly granted herein are retained by SSH and its licensors.
USE RESTRICTIONS
You may not:
(i) use the Software, except under the terms listed above;
(ii) modify, translate, reverse engineer, decompile, disassemble or
otherwise attempt to reconstruct or discover the source code from the
binaries of the Software, except to the extent applicable laws
specifically prohibit such restriction and except that You may create
patches, bug fixes or additional features and bundle or distribute the
Software with certain operation systems as specified above;
(iii) create derivative works based on the Software (e.g. incorporating
the Software in a commercial product or service without a proper
license), except that You may create patches, bug fixes and additional
features and bundle or distribute the Software with certain operating
systems as specified above;
(iv) copy the Software (except for making modifications and derivative
works for non-commercial purposes as specified above);
(v) rent, lease, sublicense, convey, distribute or otherwise transfer
rights to the Software;
(vi) remove any product identification, copyright, proprietary notices
or labels from the Software; or
(vii) use any SSH trademarks in any manner other than their presence
within Your copy of the Software without written permission of SSH.
Any and all copies made by You as permitted hereunder must contain all
of the original Software's copyright, trademark and other proprietary
notices and marks.
MAINTENANCE, SUPPORT AND UPDATES
SSH is under no obligation to maintain or support or update the Software
in any way, or to provide updates or error corrections
CONFIDENTIALITY
The Software and any license authorization codes are confidential and
proprietary information of SSH. You agree to take adequate steps to
protect the Software and any license authorization codes, if any, from
unauthorized disclosure or use. You agree that You will not disclose the
Software, in source code or object code form, to any third party, except
as otherwise provided herein.
WARRANTY
SSH EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF
THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND ANY WARRANTY THAT MAY
ARISE BY REASON OF TRADE USAGE, CUSTOM, OR COURSE OF DEALING. WITHOUT
LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED
"AS IS" AND THAT SSH DOES NOT WARRANT THAT THE SOFTWARE WILL RUN
UNINTERRUPTED OR ERROR FREE NOR THAT THE SOFTWARE WILL OPERATE WITH
HARDWARE AND/OR SOFTWARE NOT PROVIDED BY SSH. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM
STATE TO STATE.
LIMITED LIABILITY
THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED
BY YOU. UNDER NO CIRCUMSTANCES WILL SSH OR ITS LICENSORS BE LIABLE FOR
ANY DIRECT OR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER BASED ON CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY RELATED TO THE SOFTWARE OR THIS AGREEMENT,
EVEN IF SSH OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, AND
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY
PROVIDED IN THIS AGREEMENT. SUCH LIMITATION ON DAMAGES INCLUDES, BUT IS
NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS OF DATA
OR SOFTWARE, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR
IMPAIRMENT OF OTHER GOODS. IN NO EVENT WILL SSH OR ITS LICENSORS BE
LIABLE FOR THE COSTS OF PROCUREMENT OF SUBSTITUTE SOFTWARE OR
SERVICES. IN ADDITION, IN NO EVENT WILL THE TOTAL LIABILITY OF SSH IN
CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE EXCEED THE ACTUAL AMOUNT
PAID TO SSH, IF ANY, FOR THE SOFTWARE GIVING RISE TO THE CLAIM. YOU
ACKNOWLEDGE THAT THIS SOFTWARE IS NOT DESIGNED OR LICENSED FOR USE IN
ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS SUCH AS OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION OR CONTROL, OR LIFE-CRITICAL
APPLICATIONS. SSH EXPRESSLY DISCLAIMS ANY LIABILITY RESULTING FROM USE
OF THE SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS
AND ACCEPTS NO LIABILITY IN RESPECT OF ANY ACTIONS OR CLAIMS BASED ON
THE USE OF THE SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS
ENVIRONMENTS BY YOU. FOR PURPOSES OF THIS PARAGRAPH, THE TERM
"LIFE-CRITICAL APPLICATION" MEANS AN APPLICATION IN WHICH THE
FUNCTIONING OR MALFUNCTIONING OF THE SOFTWARE MAY RESULT DIRECTLY OR
INDIRECTLY IN PHYSICAL INJURY OR LOSS OF HUMAN LIFE.
TERMINATION
This Agreement will terminate immediately and automatically without
notice if You breach any provision in this Agreement. Upon termination
You will remove all copies of the Software or any part of the Software
from any and all computer storage devices and destroy the Software. At
SSH's request, You or your authorized signatory, will certify in writing
to SSH that all complete and partial copies of the Software have been
destroyed and that none remain in your possession or under your
control. The provisions of this Agreement, except for the license grant
and warranty, will survive termination. U.S. GOVERNMENT RIGHTS
If You use the Software by or for any unit or agency of the United
States Government, this provision applies. The Software shall be
classified as "commercial computer software", as that term is defined in
the Federal Acquisition Regulation (the "FAR") and its supplements. SSH
represents that the Software was developed entirely at private expense,
that no part of the Software was first produced in the performance of a
Government contract, and that no part of the Software is in the public
domain. (1) If the Software is supplied for use by DoD, the Software is
delivered subject to the terms of this license agreement and either (i)
in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with
restricted rights in accordance with DFARS 252.227-7013(c)(1)(ii) (OCT
1988), as applicable. (2) If the Software is supplied for use by a
Federal agency other than DoD, the Software is restricted computer
software delivered subject to the terms of this license agreement and
(i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR 52.227-14(ALT III),
as applicable.
RESTRICTED RIGHTS
Use, duplication, or disclosure by the U.S. Government is subject to
restrictions set forth in this agreement and as provided in DFARS
227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii)
(OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT
III), as applicable. Manufacturer is SSH Communications Security Corp,
Fredrikinkatu 42, FIN-00100, Helsinki, Finland.
EXPORT LAW
You acknowledge and agree that the Software may be subject to
restrictions and controls imposed by the United States Export
Administration Act (the "Act") and the regulations thereunder. You agree
and certify that neither the Software nor any direct product thereof is
being or will be acquired, shipped, transferred, or re-exported,
directly or indirectly, into any country, except pursuant to an export
control license under the Act and the regulations thereunder, or will be
used for any purpose prohibited by the same. By using the Software, You
are acknowledging and agreeing to the foregoing, and You are
representing and warranting that You will comply with all of the United
States and other applicable country laws and regulations when either
exporting or re-exporting or importing the Software or any underlying
information technology. Further, You represent and warrant that You are
not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria
or a party listed in the U.S. Table of Denial Orders or U.S. Treasury
Department's list of Specially Designated Nationals.
GOVERNING LAW
This Agreement is governed by the laws of the State of California
without regard to conflict of laws rules and principles. Application of
the United Nations Convention on Contracts for the International Sale of
Goods is expressly excluded.
MISCELLANEOUS
If any provision hereof shall be held illegal, invalid or unenforceable,
in whole or in part, such provision shall be modified to the minimum
extent necessary to make it legal, valid and enforceable, and the
legality, validity and enforceability of all other provisions of this
Agreement shall not be affected thereby. No delay or failure by either
party to exercise or enforce at any time any right or provision hereof
shall be considered a waiver thereof or of such party's right thereafter
to exercise or enforce each and every right and provision of this
Agreement. This Agreement will bind and inure to the benefit of each
party's permitted successors and assigns. You may not assign this
Agreement in whole or in part, without SSH's prior written consent. Any
attempt to assign this Agreement without such consent will be null and
void. This Agreement is the complete and exclusive statement between You
and SSH relating to the subject matter hereof and supersedes all prior
oral and written and all contemporaneous oral negotiations, commitments
and understandings of the parties, if any. In the case of any conflict
between the terms of this Agreement and the provisions of any purchase
order for the Software, the terms of this Agreement shall control.
SSH does not charge license fees for bundling or distribution of only
the respective UNIX versions of the Software solely with the following
operating systems: Linux, NetBSD, FreeBSD and OpenBSD. In order to
distribute the Software with the above-mentioned operating systems, You
must enter into a separate agreement with SSH. Also, bundling or
distribution with hardware products or commercial software products
(other than the above-mentioned operating systems distributions)
requires a distribution license, which includes license fees for such
distribution. Please contact the Director of Business Development at SSH
Communications Security, Inc., 1076 East Meadow Circle, Palo Alto, CA
94303 or busdev@ssh.com for additional details.
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