v1.3 APPGATE AB MindTerm Public Source License Please read this License carefully before downloading, installing or using this software. By downloading, installing or using this software, you are agreeing to be bound by the terms of this License. If you do not or cannot agree to the terms of this License, please do not download, install or use the software. 1 General; Definitions This License applies to the computer program known as MindTerm (the "Program"). Reference below to the Program or subsequent versions thereof, and a "work based on the Program" means either the Program or any derivative work of the Program, such as a translation or a modification. The Program is a copyrighted work whose copyright is held by AppGate AB (the "Licensor"). As used in this License: 1.1 "Applicable Patent Rights" mean: (a) in the case where Licensor is the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to Licensor and (ii) that cover subject matter contained in the Original Code, but only to the extent necessary to use, reproduce and/or distribute the Original Code without infringement; and (b) in the case where You are the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to You and (ii) that cover subject matter in Your Modifications, taken alone or in combination with Original Code. 1.2 "Contributor" means any person or entity that creates or contributes to the creation of Modifications. 1.3 "Covered Code" means the Original Code, Modifications, the combination of Original Code and any Modifications, and/or any respective portions thereof 1.4 "Deploy" means to use, sublicense or distribute Covered Code other than for Your internal research and development ("R&D") and/or Personal and Non-Commercial Use, and includes without limitation, any and all internal use or distribution of Covered Code within Your business or organization except for R&D use and/or Personal and Non-Commercial Use, as well as direct or indirect sublicensing or distribution of Covered Code by You to any third party in any form or manner. 1.5 "Larger Work" means a work that combines Covered Code or portions thereof with code not governed by the terms of this License. 1.6 "Modifications" mean any addition to, deletion from, and/or change to, the substance and/or structure of the Original Code, any previous Modifications, the combination of Original Code and any previous Modifications, and/or any respective portions thereof. When code is released as a series of files, a Modification is: (a) any addition to or deletion from the contents of a file containing Covered Code; and/or (b) any new file or other representation of computer program statements that contains any part of Covered Code. 1.7 "Original Code" means (a) the Source Code of the Program or other work as originally made available by Licensor under this License, including the Source Code of any updates or upgrades to such programs or works made available by Licensor under this License, and that has been expressly identified by Licensor as such in the header file(s) of such work; and (b) the object code compiled from such Source Code and originally made available by Licensor under this License. 1.8 "Personal and Non-Commercial Use" means use of Covered Code for personal use and for use in non-commercial settings. Personal use means use solely for an individual's personal, private, educational and other non-commercial purposes. If the use is required, dictated or recommended by someone else, it may not be considered as personal use. Non-commercial settings include educational institutions. Universities are considered to be non-commercial. 1.9 "Source Code" means the human readable form of a program or other work that is suitable for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an executable (object code). 1.10 "You" or "Your" means an individual or a legal entity exercising rights under this License. For legal entities, "You" or "Your" includes any entity which controls, is controlled by, or is under common control with, You, where "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity. 2 Permitted Use and Restrictions Subject to the terms and conditions of this License, Licensor hereby grants You, effective on the date You accept this License by downloading, installing or using the Original Code, a world-wide, royalty-free, non-exclusive license, to the extent of Licensor Applicable Patent Rights and copyrights covering the Original Code, to do the following: You may yourself use, reproduce, display and perform Original Code solely for your internal R&D and/or Personal and Non-Commercial Use, provided that You 2.1 retain and reproduce in all copies of Original Code the copyright and other proprietary notices and disclaimers, including any warranty disclaimer, of Licensor as they appear in the Original Code, and keep intact all notices in the Original Code that refer to this License and any warranty disclaimer contained in this License. 2.2 You may modify, distribute and bundle Original Code, with or without modifications, with other software, provided that in each instance: (a) You must retain and reproduce in all copies of Original Code the copyright and other proprietary notices and disclaimers, including any warranty disclaimer, of Licensor as they appear in the Original Code, and keep intact all notices in the Original Code that refer to this License and any warranty disclaimer contained in this License; (b) You must include a copy of this License, including procedures for acceptance or non-acceptance of the same, with every copy of Covered Code and documentation You distribute, and You may not offer or impose any terms that alter or restrict this License or the recipients' rights hereunder, except as permitted under Section 6; (c) You must duplicate, to the extent it does not already exist, the notice in Exhibit A in each file of the Source Code of all Your Modifications, and cause the modified files to carry prominent notices stating that You changed the files and the date of any change; (d) You must make Source Code of all Your Deployed modifications publicly available under the terms of this License, including the license grants set forth in Section 3 below, for as long as you Deploy the Covered Code or twelve (12) months from the date of initial Deployment, whichever is longer. You should preferably distribute the Source Code of Your Deployed Modifications electronically (e.g. download from a web site); (e) If You Deploy Covered Code in object code, executable form only, You must include a prominent notice, in the code itself as well as in related documentation, stating that Source Code of the Covered Code is available under the terms of this License with information on how and where to obtain such Source Code; (f) You may not charge anything for the Program or any of the Covered Code, except for a reasonable handling fee and you must cause any code that you distribute or publish, that is work based on the Program, in whole or in part, to be licensed as a whole at no charge under the terms of this License; and (g) You may not distribute Covered Code as part of a commercial product or intended to be used together with a specific commercial product. 2.3 Notwithstanding the rights granted in Sections 2.1 and 2.2 above You must observe the following. The Original Code contains a compression library ("the Library") from JCraft copyrighted under LGPL, GNU Library Public License. The act of running a program using the Library is not restricted. The Library is free software; however, redistribution and modification of the source code falls under the terms of the LGPL as published by the Free Software Foundation, also included in the source distribution. Accordingly, You are granted no other right to modify and/or redistribute the Library than already provided for by the LGPL license. 2.4 You expressly acknowledge and agree that although Licensor and each Contributor grants the licenses to their respective portions of the Covered Code set forth herein, no assurances are provided by Licensor or any Contributor that the Covered Code does not infringe the patent or other intellectual property rights of any other entity. Licensor and each Contributor disclaim any liability to You for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow You to distribute the Covered Code, it is Your responsibility to acquire that license before distributing the Covered Code. 3 Your Grants In consideration of, and as a condition to, the licenses granted to You under this License: (a) You hereby grant to Licensor and all third parties a non-exclusive, royalty-free license, under Your Applicable Patent Rights and other intellectual property rights (other than patent) owned or controlled by You, to use, reproduce, display, perform, modify, distribute and Deploy Your Modifications of the same scope and extent as Licensor's licenses under Sections 2.1 to 2.3; and (b) You hereby grant to Licensor and its affiliates a non-exclusive, world-wide, royalty-free, perpetual and irrevocable license, under Your Applicable Patent Rights and other intellectual property rights (other than patent) owned or controlled by You, to use, reproduce, display, perform, modify or have modified (for Licensor and/or its subsidiaries), sublicense and distribute Your Modifications, in any form, through multiple tiers of distribution. 4 Larger Works Except as expressly stated herein You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In each such instance, You must make sure the requirements of this License are fulfilled for the Covered Code or any portion thereof. 5 Limitations on License Except as expressly stated in Section 2, no other rights, express or implied, are granted by Licensor herein. Other use than expressly permitted herein require additional commercial licenses from Licensor which Licensor may grant in its sole discretion. Any attempt to otherwise copy, modify, sublicense or distribute the Program or the Covered Code is void and will terminate Your rights under this License as provided in Section 12.1. 6 Additional Terms You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations and/or other rights consistent with the scope of the license granted herein ("Additional Terms") to one or more recipients of Covered Code. However, You may do so only on Your own behalf and as Your sole responsibility, and not on behalf of Licensor or any Contributor. You must obtain the recipient's agreement that any such Additional Terms are offered by You alone, and You hereby agree to indemnify, defend and hold Licensor and every Contributor harmless for any liability incurred (including reasonable attorney's fees) by or claims asserted against Licensor or such Contributor by reason of any such Additional Terms. 7 Versions of the License Licensor may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Once Original Code has been published under a particular version of this License, You may continue to use it under the terms of that version. You may also choose to use such Original Code under the terms of any subsequent version of this License published by Licensor. No one other than Licensor has the right to modify the terms applicable to Covered Code created under this License. 8 NO WARRANTY BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING, LICENSOR AND ALL CONTRIBUTORS PROVIDE THE PROGRAM "AS IS" 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. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 9 LIMITATION OF LIABILITY IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL LICENSOR AND ALL CONTRIBUTORS, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10 Trademarks This License does not grant any rights to use names, any other trademarks or trade names belonging to Licensor ("Licensor Marks") or to any trademark or trade name belonging to any Contributor. No Licensor Marks may be used to endorse or promote products derived from the Original Code. 11 Ownership Subject to the licenses granted under this License, each Contributor retains all rights, title and interest in and to any Modifications made by such Contributor. Licensor retains all rights, title and interest in and to the Original Code and any Modifications made by or on behalf of Licensor ("Licensor Modifications"), and such Licensor Modifications will not be automatically subject to this License. Licensor may, at its sole discretion, choose to license such Licensor Modifications under this License, or on different terms from those contained in this License or may choose not to license them at all. 12 Termination 12.1 Termination This License and the rights granted hereunder will terminate: (a) automatically without notice from Licensor if You fail to comply with any term(s) of this License and fail to cure such breach within 30 days of becoming aware of such breach, or (b) automatically without notice from Licensor if You, at any time during the term of this License, commence any action against Licensor relating to the program, the Covered code or this License. 12.2 Effect of Termination Upon termination, You agree to immediately stop any further use, reproduction, modification, sublicensing and distribution of the Covered Code and to destroy all copies of the Covered Code that are in your possession or control. All sublicenses to the Covered Code which have been properly granted prior to termination shall survive any termination of this License. Provisions which, by their nature or wording, should remain in effect beyond the termination of this License shall so survive. No party will be liable to any other for compensation, indemnity or damages of any sort solely as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy of any party. 13 Miscellaneous 13.1 Government End Users The Covered Code is a "commercial item" as defined in FAR 2.101. Government software and technical data rights in the Covered Code include only those rights customarily provided to the public as defined in this License. This customary commercial license in technical data and software is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defence purchases, DFAR 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Covered Code with only those rights set forth herein. 13.2 Independent Development Nothing in this License will impair Licensor's right to acquire, license, develop, have others develop for it, market and/or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Modifications, Larger Works, technology or products that You may develop, produce, market or distribute. 13.3 Waiver; Construction Failure by Licensor or any Contributor to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this License. 13.4 Dispute Resolution 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 and You hereby consent to such jurisdiction and venue. 13.5 Construction If conditions are imposed on You (either by court order or otherwise) that contradict the terms and conditions of this License, then You are not excused from the terms and conditions of this License. Accordingly, if you cannot simultaneously satisfy the obligations under this License and any other obligations applicable to You, then you may not exercise your rights under this License. 13.6 Severability If any portion of this License is held invalid or unenforceable, then the remaining portions of this License shall continue in full force and effect. 13.7 Export Laws You agree to comply with, and are solely responsible for complying with, all applicable export control laws. You hereby agree to indemnify, defend and hold Licensor and every Contributor harmless for any liability incurred (including reasonable attorney's fees) by or claims asserted against Licensor or such Contributor by reason of any such non-compliance. You may limit geographical distribution of the Covered Code so as to comply with any applicable export control laws. EXHIBIT A Copyright (c) 1999-2001 AppGate 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 1.3, (the 'License'). You may not use this file except in compliance with the License. Please obtain a copy of the License at http://www.appgate.com and read it before using this file.