license

license − Display the CacheGuard License Agreement

The CacheGuard Software and CacheGuard Documentation whether on disk, in read-only memory, or on any other media (collectively, the ’CacheGuard’) are licensed, not sold, to you by OneTec SARL (’ONETEC’). All copies of the CacheGuard you use are subject to this License. The License is provided in the form of numeric CacheGuard License Keys (’License Keys’).

This License allows you to use each set of License Keys on one logical machine (physical or virtual machine) represented by a unique Serial Number issued by ONETEC. Each set of the License Keys is issued for a limited number of simultaneous end users and Web site names. You expressly acknowledge that theses users and web site names exist and are under your responsibility. THE SERIAL NUMBER CANNOT BE CHANGED ONCE THE LICENSE KEYS ARE ISSUED.

CacheGuard is the result of the mere aggregation of Open Source Software (as OSI definition) distributed mainly under the GNU GPL and unrelated proprietary programs distributed under this present License. You are allowed to edit and modify the proprietary part of the source code to your personal use. If you modify any proprietary or non-proprietary part of the source code, you emphasize - a) That all your contributions are used at your own risk - b) No support will be granted - We strongly recommend to let the source code as it is. You may not, except as permitted by applicable law, loan or create derivative commercial works from the proprietary source code.

The issued set of License Keys is valid only for the CacheGuard version officially released and current at the date when the License Keys are issued (the ’Initial Date’), and for the newer versions officially released within the 12 months period starting on the Initial Date (the ’Initial Maintenance Period’). You may not use your License Keys with any version of the CacheGuard these keys are not valid for. Your rights under this License will terminate automatically without notice from ONETEC if you fail to comply with any term(s) of this License.

ONETEC may from time to time develop new versions of the CacheGuard. Nothing in this Agreement shall obligate ONETEC to develop any particular update or enhancement. ONETEC may choose to implement new features and/or components of the CacheGuard that require additional License Keys. You are not obligated to purchase additional Keys if you choose not to use those new features and/or components.

A new, updated set of the License Keys is required to use CacheGuard versions released after the end of the Initial Maintenance Period. Updated License Keys can be issued at any month on the same day of month as the Initial Date, or on the last day of month if the current month is shorter. This date is called the Update Date. The updated License Keys grant you a right to use new versions of CacheGuard released within 12 months from the Update Date. To use newer versions, a new set of updated License Keys is required. The price of Updated License Keys is calculated as the number of months past since the last Update Date (or the Initial Date) multiplied by the maintenance fee rate. If a set of License Keys includes several keys, all License Keys in the set should be updated at once.

Some CacheGuard components are licensed on the annual basis. License Keys issued for those components are valid for 12 months only, and new License Keys must be purchased to enable those components after each 12 months period. These License Keys are not subject to any maintenance fees specified in the section 4.

This License is unlimited in time, and it can be terminated only as described in Section 2.

You expressly acknowledge and agree that use of the CacheGuard is at your sole risk. The CacheGuard is provided ’AS IS’ and without warranty of any kind and ONETEC EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ONETEC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CACHEGUARD SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE CACHEGUARD WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE CACHEGUARD WILL BE CORRECTED. FURTHERMORE, ONETEC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CACHEGUARD SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ONETEC OR A ONETEC AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE CACHEGUARD PROVE DEFECTIVE, YOU (AND NOT ONETEC OR A ONETEC AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ONETEC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall ONETEC’s total liability to you for all damages exceed the amount paid for this License.

You may not use or otherwise export or reexport the CacheGuard License Keys except as authorized by E.U. (European Union) law and the laws of the jurisdiction in which the CacheGuard License Keys were obtained. In particular, but without limitation, the CacheGuard License Keys may not be exported or reexported (i) into (or to a national or resident of) any E.U. embargoed country or (ii) to anyone on the E.U. Treasury Department’s list of Specially Designated Nationals or the E.U. Department of Commerce’s Table of Denial Orders. By using the CacheGuard License Keys, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

If the CacheGuard License Keys are supplied to the United States Government, the CacheGuard Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government’s rights to the CacheGuard are as provided in clause 52.227-19 of the FAR.

If there is a local subsidiary of ONETEC in the country in which the CacheGuard License Keys were purchased, then the local law in which the subsidiary sits shall govern this license. Otherwise, this License shall be governed by the laws of the E.U. and the Country of France. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

This License constitutes the entire agreement between the parties with respect to the use of the CacheGuard and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by ONETEC.

Afshin Tajvidi <man(at)cacheguard.com>

Send bug reports or comments to the above address

Copyright (C) 2002-2008 CacheGuard - All rights reserved