MINDTERM Free Edition, End User LICENSE AGREEMENT MINDTERM Free Edition (LIMITED COMMERCIAL USE) includes any products Marketed under the MindTerm Name or a derivative of the MindTerm name, such as, MindTerm For Windows, MindTerm for Linux, MindTerm for Mac, MindTerm with Java, MindTerm for Mobile, MindTerm SSH client etc. (See http://www.cryptzone.com) PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS PRIOR TO ACCESSING, DOWNLOADING AND/OR OTHERWISE USING ANY OF THE LICENSED PRODUCTS, AS HEREIN AFTER DEFINED. THE USE OF THE LICENSED PRODUCTS AS WELL AS ANY UPDATES THERETO IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (THE AGREEMENT). BY OPENING THE RELEVANT SOFTWARE PACKAGE, BY SELECTING THE [AGREED AND/OR ACCEPT] BUTTON, DOWNLOADING AND/OR OTHERWISE USING THE SOFTWARE OR ANY PORTION THEREOF, LICENSEE (THE FIRM, COMPANY OR OTHER PERSON HAVING RECEIVED THE LICENSED SOFTWARE FROM THE Cryptzone WEB SITE OR ELSEWHERE), ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT AND ARE ENTERING INTO THE AGREEMENT WITH Cryptzone AB (LICENSOR or Cryptzone). 1. DEFINITIONS As used in this Agreement, the following terms shall have the following meanings: 1.1 "Designated Use" means the uses described in Section 2.3. 1.2 "Documentation" means the materials and documents relevant to the Licensed Products and provided by Cryptzone. 1.3 "Event of Default" means any event specified in Section 7.1. 1.4 "License" means the license to use the Licensed Products as defined in Section 2.1. 1.5 "Licensed Products" means the software product MindTerm in object code form only. (Use of source code is subject to the conditions set forth in the MindTerm Public Source license agreement.) 1.6 "Usage, Use or Used" includes the act of transferring, transmitting, compiling, executing, interpreting, processing or storing the Licensed Products through the use of computer equipment, or transferring, transmitting, compiling, executing, interpreting, processing or storing any data or information using the Licensed Products; and/or displaying any portion of the Licensed Products or data or information in connection with any of these activities. 2. GRANT OF LICENSE 2.1 Non-exclusive License Subject to Licensee's compliance with the terms and conditions of this Agreement Licensee is hereby granted a non-exclusive, non-transferable, non-assignable and royalty-free license to Use the Licensed Products for purposes of the Designated Use; provided, however, that this Agreement does not grant to Licensee any title or right of ownership in or to the Licensed Products. 2.2 Right to Utilize the Documentation Subject to the term and conditions of this Agreement, Cryptzone hereby grants to Licensee, and Licensee hereby accepts from Cryptzone, a non-exclusive, non-transferable, non-assignable and royalty-free right to utilize the Documentation in connection with the Designated Use of the Licensed Products; provided, however, that this Agreement does not grant to Licensee any title or right of ownership in or to the Documentation. Licensee shall not copy any Documentation, but may obtain additional copies from Cryptzone for the applicable charges specified by Cryptzone. (Contact sales@cryptzone.com) 2.3 Use The Licensed Products may be used only for Licensee's own internal computing requirements in accordance with the terms and conditions set forth herein and strictly limited to the number of users as defined here. The Licensed Products are free to use by Licensor in any organization, commercial or non-commercial, according to this License Agreement for up to, but not exceeding, 10 (Ten) distinct users. Any other use requires a Different License Agreement which Cryptzone may grant in its sole discretion. (Contact sales@cryptzone.com) Licensors with a different License agreement can subscribe to Maintenance and Support services to periodically receive updated versions of the Licensed Products, get access to support services (web, e-mail and telephone) and receive updated signed versions of the MindTerm applet. These services are not available under this limited Agreement. (Contact sales@cryptzone.com) Licensee is allowed to use the MindTerm source code according to the MindTerm Public Source license agreement. Licensee is allowed to use any derivative works of the Licensed Products for its own internal computing requirements according to the terms and conditions of this Agreement. 3. TERM OF LICENSE The License granted hereunder shall commence upon Licensee's acceptance of the terms and conditions herein contained and shall continue in effect unless terminated earlier pursuant hereto. 4. NO COPYING AND RESTRICTED USE 4.1 Restricted Use Licensee shall not Use the Licensed Products or the Documentation for any purposes other than the Designated Use specified in Section 2 hereof. 4.2 No Copying Licensee may make, free of charge, copies of the Licensed Products for the Designated Use, archival or back-up purposes. Licensee shall not make any copy of the Licensed Products for a use that Cryptzone has not expressly approved under this Agreement. Licensee shall not Use or allow the Licensed Products to be Used, directly or indirectly, in any manner that would enable its customers or any other person or entity to copy or Use any of the Licensed Products. Copying or reproduction of the Licensed Products to any other server or location or media for further reproduction or redistribution is expressly prohibited. 4.3 No Transfer of License; No Sublicense Licensee shall not assign or transfer this License, or license or sublicense the Use of all or any portion of the Licensed Products, to any other party. 4.4 No Modification or Decompilation Licensee shall not modify, disassemble, decompile, recreate or generate any Licensed Products or any portion or version thereof unless and to the extent permitted under applicable mandatory law. 4.5 Export Licensee shall not export or re-export the Licensed Products or permit transshipment thereof, directly or indirectly, to any country to the extent such country requires an export license or other governmental approval, without first obtaining such license or approval. Furthermore, Licensee shall, at all times, comply with all applicable export regulations and restrictions of all applicable jurisdictions, including, but not limited to, Sweden, the United States of America or any other Jurisdiction with export regulations and restrictions. 4.6 Proprietary Markings Licensee shall not remove, erase or hide from view any copyright, trademark, confidentiality notice, mark or legend appearing on any of the Licensed Products or any form of output produced by the Licensed Products. 5. NO WARRANTY Because the Licensed Products are licensed free of charge, there is no warranty for the Licensed Program, to the extent permitted by applicable law. Cryptzone provides the Licensed Products "asis" 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. Licensee alone accepts the entire risk as to the quality and performance of the Licensed Products. Should the Licensed Products prove defective, Licensee assumes the cost of all necessary servicing, repair or correction. 6. LIMITATION OF LIABILITY AND REMEDIES In no event shall Cryptzone be liable for any loss of or damage to revenues, profits or good will or other special, incidental, indirect or consequential damages of any kind, resulting from its performance or failure to perform pursuant to the terms of this Agreement or any exhibits hereto, or resulting from the furnishing, performance, or use or loss of use, loss of data or loss of any licensed products or other materials delivered, including, without limitation, any interruption of business, whether resulting from breach of contract or breach of warranty, even if licensee has been advised of the possibility of such damages. 7. DEFAULT AND TERMINATION 7.1 Termination in Advance upon Default This Agreement may be terminated with immediate effect upon the occurrence of any of the following Events of Default: (a) Covenants The failure or neglect of Licensee to observe, keep or perform any of the covenants, terms and conditions of this Agreement, where such non-performance is not fully cured by Licensee within thirty (30) days after written notice from Cryptzone; or (b) Bankruptcy The filing of a petition for Licensee's bankruptcy, whether voluntary or involuntary, or if an assignment of Licensee's assets is made for the benefit of creditors, or a trustee or receiver is appointed to take charge of the business of Licensee for any reason, or if Licensee becomes insolvent or voluntarily or involuntarily dissolved. 7.2 Obligations on Termination Effective with the date of expiration or other termination of this Agreement, all Usage of the Licensed Products shall terminate, and all rights of Licensee under this Agreement shall cease, specifically including, but without limitation, the License and all other rights granted to Licensee under this Agreement. 7.3 No Waiver Termination of the Agreement under this Section shall be in addition to, and not a waiver of, any remedy at law or in equity available to Cryptzone arising from Licensee's breach of this Agreement. 8. MISCELLANEOUS 8.1 Notices All notices, requests and demands given to or made upon the parties shall be in writing and shall be mailed properly addressed, postage prepaid, registered or a certified, or personally delivered to either party at the addresses specified by either party, upon not less than ten (10) days' notice. Such notice shall be deemed received by the close of business on the date shown on the certified or registered mail receipt, or when it is actually received, whichever is sooner. 8.2 Governing Law and Jurisdiction 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. 8.3 Severability If any provision of this Agreement is held invalid or unenforceable by any agency of competent jurisdiction, the remaining provisions shall nevertheless remain valid. EXHIBITS ARE BELOW (Next page) EXHIBIT A not applicable EXHIBIT B Copyright (c) 2010-2012 Cryptzone Group AB (publ). All Rights Reserved. Copyright (c) 1999-2009 AppGate Network Security 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 x.y [current version here], (the 'License'). You may not use this file except in compliance with the License. Please obtain a copy of the License at http://www.cryptzone.com and read it before using this file. EXHIBIT C The MindTerm distribution includes the following third party software. These modules can be removed from the product with only a minor loss of functionality, but if used, their license terms must be followed. Jcraft The JCraft zlib implementation is used to, optionally, compress data before it is sent over the SSH channel. It is covered by the following license: Copyright (c) 2000,2001,2002,2003 ymnk, JCraft, Inc. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 3. The names of the authors may not be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL JCRAFT, INC. OR ANY CONTRIBUTORS TO THIS SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ISNetworks The ISNetworks file browser implements a file browser GUI which is used in the file transfer code. It is covered by the following license: /* License for ISNetworks' MindTerm SCP modifications Copyright (c) 2001 ISNetworks, LLC. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions * are met: 1. Redistributions of source code must retain the above copyright * notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright * notice, this list of conditions and the following disclaimer in * the documentation and/or other materials provided with the * distribution. 3. The end-user documentation included with the redistribution, if any, must include an acknowledgement that the software contains code based on contributions made by ISNetworks, and include a link to http://www.isnetworks.com. THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT * OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Czone 15 version 2.2-12