ATTACHMATEWRQ(tm)
SOFTWARE LICENSE AGREEMENT
REFLECTION(r) 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:
A 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.
B 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.
C RENTAL. You may not rent, lease, sell, sublicense or
lend the Software. You may not use the Software to
provide commercial hosting services.
D 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.
E 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.
F 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.
G 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.
H 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.
I 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.
J BENCHMARK TESTING. You shall not disclose any
benchmark results relating to your use of the
Software without the prior written consent of
Licensor.
K 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:
A implement internal safeguards to prevent any
unauthorized copying, distribution, or use of the
Software;
B 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
C 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 (c) 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. 4/06 286840