licensing question
Jorge Carrizo
jorge.carrizo@eds.com
Mon, 09 Sep 2002 17:31:18 -0400
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David
FWIW you are not alone complaining against APPGATE unresponsivness.
First answer, I'm sending attached the LICENSE file for version 2.1
For the Second question please check out the file above.
best regards,
jorge
David Botsch wrote:
> Unfortunately, the appgate sales team has chosen either to send me
> auto-replies telling me re-email my request or to just ignore my
> request for more information whatsoever.
>
> So, I am emailing the user list with the hope that someone here can
> answer.
>
> First, is there a non-commercial license available? If so, what are
> the terms?
>
> Second, given that the first does not exist, what are the terms and
> prices for the site license?
>
> Thanks!
>
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v1.3
APPGATE AB
MindTerm Public Source License
Please read this License carefully before downloading, installing or using
this software. By downloading, installing or using this software, you are
agreeing to be bound by the terms of this License. If you do not or cannot
agree to the terms of this License, please do not download, install or use the
software.
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 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 for personal
use and for use in non-commercial settings. Personal use means use 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 may not be considered as personal use. Non-commercial
settings include educational institutions. Universities are considered to
be non-commercial.
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:
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
2.1 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, 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 this License 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 Covered Code as part of a commercial product
or intended to be used together with a specific commercial product.
2.3 Notwithstanding the rights granted in Sections 2.1 and 2.2 above You must
observe the following. The Original Code contains a compression library
("the Library") from JCraft copyrighted under LGPL, GNU Library Public
License. The act of running a program using the Library is not
restricted. The Library is free software; however, redistribution and
modification of the source code falls under the terms of the LGPL as
published by the Free Software Foundation, also included in the source
distribution. Accordingly, You are granted no other right to modify
and/or redistribute the Library than already provided for by the LGPL
license.
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 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 (c) 1999-2001 AppGate 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 1.3, (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.
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