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AttachmateWRQ Software License Agreement

Reflection Software Products

IMPORTANT-READ CAREFULLY

This AttachmateWRQ Software License Agreement (“Agreement”) is a legal agreement between you (either an individual or a single entity) and Attachmate Corporation doing business as AttachmateWRQ (“Licensor”) for AttachmateWRQ software products licensed to you, including computer software and its accompanying installation or user guide (“Software”). Unless you have entered into a separate license agreement with Licensor, you accept and agree to be bound by this Agreement by (i) selecting the “Accept” or “Yes” button when the Software product prompts you to accept or decline this Agreement, or (ii) by installing, copying, downloading, accessing or otherwise using the Software. If you do not agree to the terms of this Agreement, you may receive a full refund if you return this Software product and all accompanying materials along with your proof of purchase to the place where you obtained it within 30 days from your date of purchase.

SOFTWARE LICENSE

  1. LICENSE GRANT. Subject to payment of applicable license fees, Licensor and its suppliers grant you a non-exclusive, non-transferable license to use the Software for internal business purposes in accordance with the terms of this Agreement and the applicable product use rights set forth in the Appendix (“Product Use Rights”). For purposes of this Agreement, the Software is “used” when the Software or any component of the Software is installed or loaded in the temporary or permanent memory of a computer or otherwise accessed.

  2. OTHER RIGHTS AND LIMITATIONS. Except as otherwise expressly provided in this Agreement or the applicable Product Use Rights, the following rights and limitations apply:

    • COPIES. You may not copy the Software except as allowed by the applicable Product Use Rights and except to make one copy for backup or archival purposes. You must include all copyright notices and other proprietary rights legends on each copy of the Software.

    • LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, or otherwise attempt to discover its source code, except and only to the extent that such activity is permitted by applicable law.

    • RENTAL. You may not rent, lease, sell, sublicense or lend the Software. You may not use the Software to provide commercial hosting services.

    • SEPARATION OF COMPONENTS . If you have acquired the Software as a suite of products, you may not install or use individual products making up the suite on more than one computer per license.

    • LANGUAGE VERSIONS. If the media provided to you includes more than
      one language version of the same Software, you may use any of the language versions of the Software, provided the total number of copies does not exceed the number of licenses you have acquired.

    • NOTE ON JAVA SUPPORT. If the Software product you acquired contains programs written in Java, you acknowledge that the Software is not designed or licensed for use in on-line control equipment in hazardous environments, such as operation of nuclear facilities, aircraft navigation or control, or direct life-support machines. You warrant that you will not use the Software for such purposes.

    • TRANSFER. You may not transfer your Software license or assign your rights or obligations under this Agreement to any person or entity without the prior written consent of Licensor.

    • PATCHES AND UPGRADES.

      (i) A Patch is supplemental code (sometimes referred to as a fix) that addresses one or more specific issues in the Software; it is considered part of the Software and is subject to the terms and conditions of this Agreement unless accompanied by its own terms. You may use a Patch only if Licensor has authorized you to do so and only for your licensed copies of the Software for which the authorization was given.

      (ii) The Software is licensed to you at the product version you acquired with your license purchase. An Upgrade is a subsequent release of the Software, generally represented by a change in the version number (e.g., from x.x to x.y or to y.y).  In order to use a more current version, you must purchase an Upgrade for all licensed copies of the product or be entitled to the Upgrade by having a current Maintenance Plan with Licensor for all licensed copies of the product. If you install an Upgrade, you must destroy the product or version it replaces. You may use the Upgrade only in accordance with the Software License Agreement and Product Use Rights that accompany the Upgrade.

    • COMPLIMENTARY AND TIME-LIMITED EVALUATION SOFTWARE. If the Software is provided to you as a “Complimentary” or “Comp” copy, then, notwithstanding other sections of this Agreement, your use of the Software is limited to demonstration, test, or evaluation purposes only. If you have acquired a Time-Limited Evaluation version of the Software, then, notwithstanding other sections of this Agreement, you may install and use one copy of the Software for the Evaluation Period only, solely for evaluation and test purposes and not for production use. The “Evaluation Period” extends from your first use of the Software to the earlier of (i) the date when the Time-Limited Evaluation version automatically ceases to function, or (ii) sixty (60) days after your first use. At the end of the Evaluation Period, your rights to use the Time-Limited Evaluation version of the Software are automatically terminated. You may not extend the time limits of the Software in any manner. If you choose to evaluate more than one Software product provided on the media, the Evaluation Period may be different for each product.

    • BENCHMARK TESTING. You shall not disclose any benchmark results relating to your use of the Software without the prior written consent of Licensor.

    • RESERVATION OF RIGHTS. The Software is owned by Licensor or a Licensor supplier, and is copyrighted and licensed, not sold. Licensor reserves all rights not expressly granted under this Agreement.

  3. TERMINATION. If you violate any term of this Agreement, Licensor may terminate this Agreement without waiving any other Licensor rights or remedies. If Licensor terminates this Agreement, you must destroy all copies of the Software and, on request of Licensor, certify said destruction.

  4. VERIFICATION. Licensor has the right to verify your compliance with this
    Agreement. You agree to:

    • implement internal safeguards to prevent any unauthorized copying, distribution, or use of the Software;

    • keep records relating to the Software products you have installed, copied or used and, upon request of Licensor, provide Licensor with written certification of the number (by product and version) of copies installed or of your peak usage in the case of concurrent licenses; and

    • allow a Licensor representative or an independent auditor to inspect and audit your computers and records for compliance with this Agreement during your normal business hours. You shall fully cooperate with such audit and provide any necessary assistance and access to all records and computers. If an audit reveals that you have or at any time have had unlicensed installation or use of the Software, you will promptly acquire sufficient licenses to cover any shortage. If a material license shortage of 5% or more is found, you must reimburse Licensor for the costs incurred in the audit and acquire the necessary additional licenses within 30 days without benefit of any otherwise applicable discount.

  5. EXPORT. You are responsible for complying with all trade regulations and laws both foreign and domestic. You acknowledge that this software has been classified as “mass market encryption” software and may only be exported or re-exported in accordance with U.S. Government Export Administration Regulations. Without authorization from the U.S. Government, you may not export or re-export the Software to any prohibited country (including Cuba, Iran, Libya, North Korea, Sudan, and Syria) or to any prohibited person, entity, or end-user as specified by U.S. export controls. For more information visit www.bis.doc.gov/encryption.

  6. U.S. GOVERNMENT LICENSE RIGHTS. By accepting delivery of or using the Software, the U.S. Government hereby agrees that notwithstanding anything to the contrary, and to the maximum extent possible under federal law: (a) the acquisition of such Software is governed by FAR Part 12; (b) such Software qualifies as “commercial computer software” under the applicable procurement regulations, (c) any modifications provided by Licensor in connection with such Software are either minor modifications or are of a type customarily available in the commercial marketplace; and (d) the U.S. Government will be bound by the commercial terms and conditions contained in this Agreement, and no other license terms shall be incorporated into this Agreement except by mutual written consent.

  7. GOVERNING LAW AND ATTORNEYS’ FEES. This Agreement is governed by the laws of the State of Washington, USA, excluding its conflict of laws rules, and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods. If you acquired this Software in a country outside of the United States, that country’s laws may apply. In any action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party will be entitled to recover its costs, including reasonable attorneys’ fees.

  8. SUPPLIER RIGHTS. To the limited extent necessary to protect their respective interests, suppliers of third-party software code included in the Software and covered by this Agreement have third-party beneficiary status.

  9. USE OF NAME. You agree to be identified as a customer of Licensor and that Licensor may refer to you by name, trade name or trademark, and may briefly describe your business in AttachmateWRQ customer information and marketing materials. You grant Licensor a license to use your name and any of your trade names and trademarks solely in connection with these rights.

  10. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you and Licensor with respect to the Software, and replaces all other agreements or representations, whether written or oral. The terms of this Agreement cannot be modified by any terms in any printed forms used by the parties in performing the Agreement, and can only be modified by express written consent of both parties. Failure by Licensor to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. If any part of this Agreement is held to be unenforceable as written, it will be enforced to the maximum extent allowed by applicable law, and will not affect the enforceability of any other part. The original of this Agreement is in English. If it is translated into another language, the English language version shall prevail.

Should you have any questions concerning this Agreement, or if you desire to contact Licensor for any reason, please contact the AttachmateWRQ representative serving your company, or write: AttachmateWRQ Corporation, 1500 Dexter Avenue North, Seattle, WA 98109 USA.

THE FOLLOWING LIMITED WARRANTY ON THE SOFTWARE IS INCORPORATED INTO THIS AGREEMENT BY REFERENCE.

LIMITED WARRANTY

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON WARRANTIES OR LIMITATIONS ON OR EXCLUSION OF DAMAGES, SO THE LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

LIMITED WARRANTY. For a period of ninety (90) days from the date you receive the Software, Licensor warrants that (a) the unmodified Software will perform substantially in accordance with the accompanying written materials when used as directed and (b) Licensor media will be free of defects. Any implied warranties are limited to the 90-day period. This Limited Warranty is void if failure of the Software has resulted from modification, accident, abuse, or misapplication. This Limited Warranty does not apply to any Time-Limited Evaluation versions of the Software, which are provided “AS IS” with no warranty whatsoever.

YOUR EXCLUSIVE REMEDY . The entire liability of Licensor and its suppliers and your exclusive remedy arising from a breach of the limited warranty is, at Licensor option, either repair or replacement of the nonconforming Software, or return of the price you paid for the nonconforming Software. You must return all nonconforming Software to Licensor with your proof of purchase to be entitled to this remedy. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support  services offered by Licensor are available without proof of your purchase from an authorized international source.

NO OTHER WARRANTIES. TO THE FULL EXTENT PERMITTED BY LAW, LICENSOR AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL SUPPORT.

LIMITATION OF LIABILITY. LICENSOR AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL SUPPORT, EVEN IF LICENSOR OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF LICENSOR AND ITS SUPPLIERS UNDER THIS AGREEMENT AND LIMITED WARRANTY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR TECHNICAL SUPPORT THAT CAUSES THE DAMAGE.

PRODUCT USE RIGHTS APPENDIX

See below for the Product Use Rights for particular AttachmateWRQ Software products. Any third-party product that is provided with the Software and that is associated with a separate license agreement is licensed to you under the terms of that license agreement.

FOR ATTACHMATEWRQ REFLECTION SOFTWARE FOR WINDOWS-BASED EMULATION, PC-X SERVER, AND NFS:

  • DESKTOP LICENSE: You must acquire and dedicate a desktop license for each single computer on which the Software is “used.” The Software is “used” if the Software or any component of the Software is installed or loaded in the temporary or permanent memory of a computer or otherwise accessed. The primary user of the computer on which the Software is used may make a second copy for his or her alternative use on a home or portable computer for your business purposes.

  • CONCURRENT LICENSE: You must acquire concurrent licenses for the maximum number of users who will use or access the Software at the same time. You must (i) use the Software only in an appropriately configured Windows Terminal Services (sometimes referred to as “multi-user Windows”, “WTS”, or “Citrix Metaframe Server”) environment; (ii) monitor, control, and (on request of Licensor) report on concurrent usage by product and version; and (iii) have a valid certificate from Licensor for your concurrent licenses.

FOR ATTACHMATEWRQ REFLECTION FOR THE WEB SOFTWARE:

Reflection for the Web includes (a) computer software, including but not limited to: (i) administrative tools for deployment, security, and metering (“Reflection Administrator”) and (ii) certain CAB and JAR files, which files or components thereof are downloaded to a given individual’s personal computer (collectively, or in part, called “Terminal Emulation Component”) and (b) its accompanying documentation.

  • CONCURRENT LICENSE: You must (i) acquire concurrent licenses for the maximum number of users that will use or access the Terminal Emulation Component at the same time; (ii) configure and use the Software’s Usage Metering Tool (or a tool that will provide equivalent data) to monitor, control,and (on request of Licensor) report on, concurrent usage by product and version; and (iii) obtain a certificate from Licensor evidencing your concurrent licenses.

  • USER LICENSE: To use the Software on a per end user basis, you must acquire a user license for each end user who downloads the Terminal Emulation Component. A licensed end user may cache the Terminal Emulation Component on his/her personal computer for the sole purpose of viewing and utilizing Reflection web pages.

  • USE OF REFLECTION ADMINISTRATOR: If you acquire a concurrent or user license for the Software, you may allow a reasonable number of users (“Administrators”) to use Reflection Administrator, for the sole purpose of supporting your licensed end users’ use of this Software. You must acquire a separate Reflection Administrator server license to use Reflection Administrator in conjunction with products other than Reflection for the Web.

FOR ATTACHMATEWRQ REFLECTION ADMINISTRATOR SOFTWARE-STANDALONE:

  • SERVER LICENSE: You must acquire and dedicate a server license for each copy of the Software (including its management, metering, and security server components) installed on a single physical server. As an alternative to installing all Software components on a single server, you may install the security server component on one physical server and the management and metering components on another server.

FOR ATTACHMATEWRQ REFLECTION FOR SECURE IT SOFTWARE:

  • LICENSE FOR CLIENT FOR WINDOWS, UNIX OR z/OS: You must acquire and dedicate a client license for each single computer on which the Software is “used”. The Software is “used” if the Software or any component of the Software is installed or loaded in the temporary or permanent memory of a computer or otherwise accessed. The primary user of the computer on which the Software is used may make a second copy for his or her alternative use on a home or portable computer for your business purposes.

  • LICENSE FOR SERVER FOR WINDOWS, UNIX OR z/OS: You must acquire and dedicate a server license (“Server License”) for each copy of the Software installed on a server for use with a single logical partition, virtual machine, or instance of an operating system. If you use the Software with another instance of the same or a different operating system, you must acquire an additional Server License for each additional operating system. If you acquire a Server License for Reflection for Secure IT Server for UNIX or Server for z/OS, you may also install and use one copy of the associated Reflection for Secure IT Client product that accompanies the Server product, on the same server solely for the purposes of administration of the Server product.

  • LIMITED ADDITIONAL RIGHTS (SERVER FOR UNIX ONLY): If you acquire a Server License for Reflection for Secure IT Server for UNIX, you may also, only after advance written notice to Licensor, use the source code of the Reflection for Secure IT Server for UNIX and Reflection for Secure IT Client for UNIX only for compiling the source code into binaries (a) for use on platforms in your IT environment that are not otherwise supported by the Software or (b) to add in capabilities not otherwise available by default, such as a change in the default install location, or configuring an external authentication method. You may use only the binaries resulting from your compile process for your internal purposes. You are not otherwise licensed to use the source code. Prior to compiling the source code as allowed by this paragraph, you must provide Licensor with advance written notice of the platforms on which you will use the compiled binaries. Licensor and/or its suppliers retain all rights to the Software and any derivatives created by you. Send written notice via email to wrqsupport@attachmatewrq.com.

Copyright © 2006 Attachmate Corporation. All rights reserved. AttachmateWRQ, the AttachmateWRQ logo, WRQ and Reflection are either registered trademarks or trademarks of Attachmate Corporation, in the USA and other countries. All other trademarks, trade names, or company names referenced herein are used for identification only and are the property of their respective owners. Additional license and copyright information for third party software is located in the Help/About box, online help, or readme file in the installation directory and on the CD image.