Non-commercial Version License agreement for SSH Secure Shell for Servers 3.2 SSH Communications Security Corp SSH(r) Secure Shell(tm) License Agreement SSH COMMUNICATIONS SECURITY CORP ("SSH") IS WILLING TO LICENSE THE SSH SECURE SHELL FOR SERVERS 3.2 SOFTWARE AND ACCOMPANYING DOCUMENTATION (COLLECTIVELY, "SOFTWARE") UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS NON-COMMERCIAL VERSION 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. NON-COMMERCIAL VERSION LICENSE To qualify for a Non-Commercial Version License, You must: (1) use the Software solely on a system under the Linux, FreeBSD, NetBSD, or OpenBSD operating system (whether for commercial or non-commercial use), or (2) use the Software for non-commercial purposes as defined herein and be a Non-Commercial Entity as defined herein, or (3) be an University User as defined herein, or (4) be an Excluded Contractor as defined herein. The term "Non-Commercial Entity" is limited to the following: university or other educational institutions (such as pre-schools, elementary schools, middle or junior high schools, high schools, and community or junior colleges), non-profit organizations (such as public libraries, charities, and other organizations created for the promotion of social welfare), "University Users", and other individual users who use the Software for personal use (such as connecting to an Internet Service Provider for personal use, hobby, recreational, or educational purposes). The term "University Users" is limited to students, faculty members, researchers, administrators, support staff, and employees of a university when acting in this capacity. The term "Excluded Contractor" is limited to independent, solo contractors while performing work for a Non-Commercial Entity, such as a university or other educational institution in an individual capacity. If You qualify for a Non-Commercial Version License, You may use the Software free of charge. SSH reserves the right to further clarify the terms Non-Commercial Entity, University Users and Excluded Contractor at its sole determination. If You do not qualify for a Non-Commercial Version License, then You should discontinue the downloading or installation process and purchase a Commercial Use License or obtain an Evaluation License. GRANT OF LICENSE Provided that you qualify for a Non-Commercial Version License as specified above, and subject to the terms and conditions contained herein, SSH hereby grants You, an end user, a personal, non-transferable, non-exclusive, non-sublicensable license to install and use the Software, free of charge, for non-commercial purposes only, but if You are an Excluded Contractor (as defined above) or using the Software under Linux, FreeBSD, NetBSD, or OpenBSD operating systems for commercial and non-commercial purposes. In addition, subject to the terms and conditions contained herein and provided that You meet the requirement specified above for an Non-Commercial Version License, SSH hereby grants to 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) to the Software, (2) to make copies of the Software as necessary to make such modifications and derivative works, all for non-commercial purposes only, but if You are an Excluded Contractor (as defined above) or using the Software under Linux, FreeBSD, NetBSD, or OpenBSD operating systems for commercial and non-commercial purposes, 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. In case You have multiple users for the Software within your Non-Commercial Entity You may obtain an academic site license from SSH at For the avoidance of doubt, the following are considered examples of commercial uses of the Software: (1) use at or for a commercial enterprise; (2) use for financial gain, personal or otherwise; (3) use by government agencies; (4) use by a telecommunication or Internet service provider company; (5) use at home or while traveling for work for which You will be paid; (6) use in connection with administering a commercial web site; (7) use in connection with the provision of professional service for which You are compensated (including paid system administration); (8) bundling or integrating the Software with any hardware product or another software product for commercial. SSH and/or its licensors reserve all rights not expressly granted to You herein. This license 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 making modifications and derivative works for non-commercial purposes as specified above); (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 (vii) 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 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 DIRECT OR 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. SSH does not charge license fees for bundling or distribution of only the respective UNIX versions of the Software solely with the following operating systems: Linux, NetBSD, FreeBSD and OpenBSD. In order to distribute the Software with the above-mentioned operating systems, You must enter into a separate agreement with SSH. Also, bundling or distribution with hardware products or commercial software products (other than the above-mentioned operating systems distributions) requires a distribution license, which includes license fees for such distribution. Please contact the Director of Business Development at SSH Communications Security, Inc., 1076 East Meadow Circle, Palo Alto, CA 94303 or for additional details.