License agreement for SSH Secure Shell for Workstations

SSH Communications Security Corp
SSH(R) Secure Shell(TM) License Agreement

SSH COMMUNICATIONS SECURITY CORP ("SSH") IS WILLING TO LICENSE THE SSH
SECURE SHELL 2.2 SOFTWARE AND ACCOMPANYING DOCUMENTATION
(COLLECTIVELY, "SOFTWARE") ONLY UPON THE CONDITION THAT YOU ACCEPT ALL
OF THE TERMS OF THIS LICENSE AGREEMENT ("AGREEMENT").  PLEASE READ
THESE TERMS CAREFULLY BEFORE USING THE SOFTWARE. BY 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 DO NOT INSTALL OR USE THE SOFTWARE.

GRANT OF LICENSE

You may use the Software only under one of the following three types
of licenses: (1) an Evaluation for Commercial Use License, (2) a
Commercial Use License, or (3) a Non-Commercial Use License. Each
license is described further below.

1. EVALUATION FOR COMMERCIAL USE LICENSE

Subject to the terms and conditions contained herein and for a period
not to exceed thirty (30) days from the date on which You first start
using the Software ("Evaluation Period"), SSH hereby grants to You, an
end user, a non-transferable, non-exclusive, non-sublicensable
license, free of charge, to install and use the Software for the sole
purpose of internally evaluating the Software for potential commercial
uses. Any use beyond the Evaluation Period requires payment of license
fee(s), unless such use falls under the Non-Commercial Use License as
described below. You agree that on or before the end of the Evaluation
Period, You will either pay the required license fee(s) for a
Commercial Use License, or cease using the Software and remove it from
your computers.

2. COMMERCIAL USE LICENSE

Subject to the terms and conditions contained herein and provided You
have paid the required license fee(s), SSH hereby grants to You, an
end user, a non-transferable, non-exclusive, non-sublicensable license
to install and use the Software for internal commercial purposes only
on the number of computers paid for by You. In order to pay the
license fee(s) required under this Agreement, You must pay SSH the
appropriate license fee(s) for the Software in a manner acceptable to
SSH, or send to SSH a valid purchase order along with the appropriate
license fee(s).

3. NON-COMMERCIAL USE LICENSE

Subject to the terms and conditions contained herein and provided that
you are a student, faculty member, researcher, employee or
administrator at university, other accredited non-profit educational
or university-affiliated research institution, or charitable
organization, SSH hereby grants to 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 or charitable
purposes only.

Further, subject to the terms and conditions contained herein and
provided that your are an individual, SSH hereby grants to You, an end
user, a personal, non-transferable, non-exclusive, non-sublicensable
license to install and use the Software for recreational and hobby
purposes only.

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 services for which You are compensated (including paid
system administration); and (8) bundling or integrating the Software
with another product for commercial purposes. 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 of the Software (except to the extent applicable laws
specifically prohibit such restriction); (iii) create derivative works
based on the Software; (iv) copy the Software (except for emergency or
back-up purposes); (v) rent, lease, sublicense, convey, distribute or
otherwise transfer rights to the Software; or (vi) remove any product
identification, copyright, proprietary notices or labels from the
Software. If You are a licensee under the Non-Commercial User License,
or the Evaluation for Commercial Use License, You may make a single
copy the Software for back-up purposes, provided such copy contains
all of the original Software's copyright, trademark and other
proprietary notices and marks. If You are a licensee under the
Commercial User License, You may make only the number of copies of the
Software paid for by You plus a single additional copy for back-up
purposes, provided any and all copies 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 is confidential and proprietary information of SSH. You
agree to take adequate steps to protect the Software and any license
authorization codes from unauthorized disclosure or use.

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 THE SOFTWARE WILL RUN
UNINTERRUPTED OR ERROR FREE. 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 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 ON 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 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. SSH Communications Security, Inc., 650 Castro
Street, Mountain View, California 94041, USA.

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
reexported, 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.
