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EULA - End User License Agreement
@TheOffice END USER LICENSE AGREEMENT
This license agreement (the Agreement) has 3 parts. Part I applies if you have not purchased or renewed, a subscription license (the "Subscription") to the accompanying software (the "Software"). Part II applies if you have purchased a Subscription to the Software. Part III applies to all license grants.
This Agreement is between Trispen Technologies (Pty) Ltd a Company incorporated in accordance with the laws of South Africa, (the "Licensor") and the subscriber to the Software (the "Licensee").
PART I -- TERMS APPLICABLE WHEN SUBSCRIPTION FEES NOT PAID
The Licensor grants you a non-exclusive, non-transferrable license to use the Software free of charge if your use of the Software is for the express purpose of evaluating whether to purchase a Subscription. The evaluation period is limited to 30 days. If you are using the Software free of charge, you are not entitled to hard-copy documentation, support or telephonic 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 non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not The Licensor assume the entire cost of any service and repair. In addition, the security mechanisms implemented by the 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.
PART II -- TERMS APPLICABLE WHEN SUBSCRIPTION FEES PAID
Subject to payment of applicable Subscription fees, The Licensor grants to you a non-exclusive non-transferrable license to use the Software and accompanying documentation ("Documentation") in the manner described in Part III below under "Scope of Grant."
The Licensor warrants that for a period of ninety (90) days from the date of first activation, the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. The Licensor does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. In addition, the security mechanisms implemented by the Software have inherent limitations, and you must determine that the Software sufficiently meets your requirements.
The Licensor also warrants that the media containing the Software, if supplied by Trispen, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Software.
The sole liability of the Licensor for any breach of this warranty shall be, at the sole discretion of the Licensor:
(i) to replace your defective media; or
(ii) to advise you 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 Subscription fee you paid for the Software. Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the longer of the period remaining under the warranty that covered the original Software, or for thirty (30) days after the date:-
(a) of shipment, electronically or otherwise, to you of the repaired or replaced Software, or
(b) The Licensor advised you how to operate the Software so as to achieve the functionality described in the Documentation. Only if you inform The Licensor of your problem with the Software during the applicable warranty period and provide evidence of the date you purchased a Subscription to use the Software will The Licensor be obligated to honour this warranty. The Licensor 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 OFFERED BY the Licensor. The Licensor 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. NO DEALER, AGENT, OR EMPLOYEE OF THE LICENSOR 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.
The software is only compatible with certain computers and operating systems. The software is not warranted for non-compatible systems. 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.
PART III -- TERMS APPLICABLE TO ALL SUBSCRIPTION GRANTS
SCOPE OF GRANT.
* use the Software to the extent of the authorizations/ Subscriptions/ licenses you have acquired;
* use the Client Software on a Workstation to secure communications on behalf of the user that is currently using the workstation.
* use the Gateway Software to secure services on an unattended server, or as a gateway to secure traffic on behalf of the clients.
* 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.
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, 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, ownership rights, and intellectual property rights in the Software shall remain in Trispen Technologies and/or its suppliers. This Software is protected by international copyright laws and treaties.
The subscription and license will terminate should either party elect not to renew the subscription for a further subscription period.
The subscription and 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.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL THE LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL THE LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT THE LICENSOR RECEIVED FROM YOU FOR THE CURRENT SUBSCRIPTION LICENSE TO THE SOFTWARE, EVEN IF THE LICENSOR 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 THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION
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"). The Licensor and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
You agree that you have not imported/ downloaded the Software into a country restricted in terms of the U.S. export restrictions You specifically agree not to import the Software to any country to which the U.S. has embargoed or restricted the export of goods or services.
CRYPTOGRAPHIC USAGE CONTROLS
The Software contains encryption technology and no part of the Software or its underlying information or technology may be downloaded or otherwise imported into (or made available to a national or resident of) any country in which such use is illegal as dictated by the law of that country. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of a country where the use of cryptography is restricted.
If the copy of the Software you received was accompanied by a printed or other form of "hard-copy" End User License Agreement whose terms vary from this Agreement, then the hard-copy End User License Agreement governs your use of the Software. This Agreement represents the complete agreement concerning this license and may be amended only in 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 South African law.
You hereby agree to maintain the confidentiality of any authorisation or activation codes made available by the Licensor or its appointed resellers or distributors, for the purpose of activating the Subscription. You agree to be held liable for any misuse of this information that can be attributed to your direct or indirect action.
In the event of any such misuse, you agree that the Licensor shall, at its sole discression and without prejudice to any other recourse that the Licensor may have, be entitled to terminate the license granted herein.
The Licensor may at any time appoint a sub licensor to fulfil the obligations of the Licensor or cede this agreement to a third party to fulfil the obligations of the Licensor contained in this license agreement.
You may, without making any payment to Trispen Technologies distribute exact copies of this
version, if done exclusively through electronic channels.
You are specifically prohibited from charging, or requesting donations, for any copies, however made, and from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from Trispen Technologies. Trispen Technologies reserves the right to revoke the above distribution rights at any time, at its sole discretion.
Portions of this software is Copyright (c) 1997 - 2003 SSH Communications Security Corp. This software is protected by international copyright laws. All rights reserved. ssh(R) is a registered trademark of SSH Communications Security Corp in the United States and in certain other jurisdictions. SSH2, the SSH logo, SSH IPSEC Express, SSH Certifier, SSH Sentinel and Making the Internet Secure are trademarks of SSH Communications Security Corp and may be registered in certain jurisdictions. All other names and marks are property of their respective owners.