licensing question
David Botsch
dwb7@ccmr.cornell.edu
Mon, 9 Sep 2002 16:45:52 -0400
So, if I read this correctly, we as an education institution, can use
mindterm w. no charge.
The next question, then, is how do I go about getting a copy of the
software? Do I need to buy one copy (which I am willing to do if
necessary).
I should add that I am looking to have mindterm connect back to a
computer other than the one which is the web server. I believe this
requries somehow signing the applet?
Thnx again!
On 2002.09.09 17:31 Jorge Carrizo wrote:
> 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!
>>
>
>
>
> 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.
>
>
>
--
********************************
David William Botsch
Consultant/Advisor II
CCMR Computing Facility
dwb7@ccmr.cornell.edu
********************************