License agreement for SSH Secure Shell for Workstations 3.2
SSH Communications Security Corp
SSH® Secure Shell(TM) License Agreement


SSH COMMUNICATIONS SECURITY CORP ("SSH") IS WILLING TO
LICENSE THE SSH SECURE SHELL FOR WORKSTATIONS 3.2 SOFTWARE
AND ACCOMPANYING DOCUMENTATION (COLLECTIVELY, "SOFTWARE")
UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS
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.

TYPES OF LICENSES

In order to install and use the Software, You must obtain
one of the following two types of licenses:  (1) Evaluation
License or (2) Commercial Use License.

If You would like to try using the Software before
purchasing a Commercial Use License, then You may wish to
obtain an Evaluation License. This will allow You to use
the Software for free for a period of up to thirty (30)
days ("Free Trial Period"). After expiration of the Free
Trial Period, if You want to continue using the Software,
then You must purchase a Commercial Use License.

Otherwise, if You want to use the Software, You must
purchase a Commercial Use License.

GRANT OF LICENSE

You may use the Software only under one of the following
two types of licenses at any time:

1. EVALUATION LICENSE

Provided that You have selected an Evaluation License, and
subject to the terms and conditions contained herein, SSH
hereby grants to You, an end user, for a period not to
exceed thirty (30) days from the date on which You first
start using the Software ("Evaluation Period") 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.  In
addition, subject to the terms and conditions contained
herein and until expiration of the Evaluation Period, SSH
hereby grants 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)
of the Software, and (2) to make copies of the Software as
necessary to make such modifications and derivative works,
all for the sole purpose of internally evaluating the
Software and any modifications and derivative works thereto
for potential commercial use, 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. Any use of the Software beyond the
Evaluation Period requires payment of license fee(s).  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, destroy
any copies that you have made, and remove the Software from
your computers.

2. COMMERCIAL USE LICENSE

Provided that You have selected and paid the required
license fee(s) for a Commercial Use License, and subject to
the terms and conditions contained herein, SSH hereby
grants to You, an end user, a non-transferable, non-
exclusive, non-sublicensable license to install and use the
Software on the number of computers for which You have paid
the applicable fee.  In addition, subject to the terms and
conditions contained herein and provided You have paid the
required license fee(s), SSH hereby grants 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) of the Software, and (2) to only
make copies of the Software as necessary to make such
modifications and derivative works, all for the sole
purpose of internally evaluating the Software and any
modifications and derivative works, all for commercial
purposes only on the number of computers for which You have
paid the applicable fee; 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. You must pay SSH the appropriate license fee(s) for
the Software in a manner acceptable to SSH as specified on
SSH's website located at http://www.ssh.com. You agree that
upon termination of your Commercial Use License, You will
cease using the Software, destroy any copies that you have
made, and remove the Software from your computers.

SSH and/or its licensors reserve all rights not expressly
granted to You herein. Any license granted by SSH under
this Agreement 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 one emergency or back-
up copy per license that You have paid for);

(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

(viii) 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.  Subject to the terms and conditions
herein and provided that You have paid any applicable
license and other fee(s), if You are a Commercial Use
licensee, You will receive software updates (as SSH, in its
sole discretion, releases from time to time), technical
support via email, phone, and the web for certain time
periods set by SSH.  For further information, go to
http://www.ssh.com/support.

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 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.
