From 0730d467ef5667003526e75fcd6ad7bcccd84277 Mon Sep 17 00:00:00 2001 From: gdt Date: Wed, 10 May 2006 12:26:31 +0000 Subject: This software does not qualify as either Free or Open Source. Add LICENSE=, and license file. Set RESTRICTED and NO_BIN_ON_* because permission to distribute derived works is unclear, limited to some operating systems, and requires a reciprocal license grant. --- licenses/ssh-communications-security-license | 295 +++++++++++++++++++++++++++ 1 file changed, 295 insertions(+) create mode 100644 licenses/ssh-communications-security-license (limited to 'licenses') diff --git a/licenses/ssh-communications-security-license b/licenses/ssh-communications-security-license new file mode 100644 index 00000000000..7915ad87107 --- /dev/null +++ b/licenses/ssh-communications-security-license @@ -0,0 +1,295 @@ +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. + -- cgit v1.2.3