Maverick SSHD License

SSHTOOLS SOFTWARE LICENSE –
MAVERICK SSHD

SSHTOOLS LTD (“SSHTOOLS”)  IS WILLING TO LICENSE THIS
SOFTWARE AND ACCOMPANYING DOCUMENTATION (COLLECTIVELY, "SOFTWARE") UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THESE TERMS CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE IN ANY WAY INCLUDING THE ACT OF INTEGRATING THE SOFTWARE INTO A DERIVATIVE WORK (“NAMED PRODUCT”). 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, SSHTOOLS WILL NOT LICENSE THE SOFTWARE TO YOU ("YOU", “YOUR”), AND YOU SHOULD NOT INSTALL OR USE THE SOFTWARE.

TYPES OF LICENSES

In order to install and use the Software, You must obtain one of the following
types of licenses: (1) Evaluation License or (2) Binary License or (3) Source
Code License.

If You would like to try using the Software before
purchasing a Binary or Source Code License, then You may wish to obtain an
Evaluation License. This will allow You to use the
Software for free for a period of up to twenty-one (21) days ("Free Trial
Period"). After expiration of the Free Trial Period, if You
want to continue using the Software, then You must purchase a Binary or Source
Code License.

Otherwise, if You
want to use the Software, You must purchase a Binary or Source Code License and
You will be subject to the terms and conditions of that license contained
herein.

GRANT OF LICENSE

You may use the Software only under one of the following three types of
licenses at any time:

1. EVALUATION LICENSE

Provided that You have selected an Evaluation License, and subject to the terms
and conditions contained herein, SSHTOOLS hereby grants to You, an end user, for a
period not to exceed twenty-one (21) days from the date on which You first
start using the Software ("Evaluation Period") a non-transferable,
non-exclusive, non-sublicensable license, free of
charge, to install and use the Software for the sole purpose of internally
evaluating the Software.  Any use of the Software beyond the Evaluation
Period requires payment of license fee(s). You agree that on or before the end
of the Evaluation Period, You will either pay the
required license fee(s) for a Binary or Source Code License or cease using the
Software, destroy any copies that you have made, and remove the Software from
your computers.  Failure to register the Software or remove the Software
from system after the 21-day evaluation period will be a violation of this
software agreement.

2. BINARY LICENSE

Provided that You have selected and paid the required license fee(s) for a
Binary License, and subject to the terms and conditions contained herein, SSHTOOLS
hereby grants to You, and end user, a perpetual, non-transferable,
non-exclusive, non-sublicensable license to install
and use the Software on any number of computers, at one geographical
site.  In addition, subject to the terms and conditions contained herein
and provided You have paid the required license fee(s), SSHTOOLS hereby grants You,
an end user, a perpetual, non-transferable, non-exclusive, non-sublicensable license, free of charge, to: (1) use the
Software for designing, developing, testing, and deploying application programs
which you create, for a single Named Product, at one geographical site, and (2)
to make copies of the Software for the purposes of designing, developing,
testing and deploying the single Named Product that you create using the
Software without additional license or fees, subject to all of the conditions
in this License Agreement. (4) to reproduce and
distribute, in executable form only, the single Named Product which you create
using the Software without additional license or fees, subject to all of the
conditions in this License Agreement. (5) to use textual and pictorial matter
pertaining to the Software (in particular the user manual and other user
documentation) as well as SSHTOOLS trademarks and trade names associated with the
Software to the extent and on such promotional display and advertising as may
at Your discretion promote the sale of the Software, (6) to demonstrate the
Named Product to any bona fide prospective customer.

3. SOURCE CODE LICENSE

Provided
that You have selected and paid the required license fee(s) for a Source Code
License, and subject to the terms and conditions contained herein, SSHTOOLS hereby
grants to You, and end user, a perpetual, non-transferable, non-exclusive, non-sublicensable license to install and use the Software on
any number of computers, at one geographical site.  In addition, subject to the terms and
conditions contained herein and provided You have paid the required license
fee(s), SSHTOOLS hereby grants You, an end user, a perpetual, non-transferable,
non-exclusive, non-sublicensable license, free of
charge, to: (1) use the source code of the Software only to modify and create
derivative works thereof, and compile object code modules there from in order
to integrate/embed the Software into the single Named Product, and (2) to make copies of and use the Software, to embed and use the Software in or
in connection with the single Named Product, to integrate the Software into
documentation relating to the single Named Product, and for Your internal use for purposes
of research, testing, pre-sales and
marketing demonstrations and training,, at one geographical site only (3) to reproduce and
distribute, in executable form only, the single Named Product which you create
using the Software without additional license or fees, subject to all of the
conditions in this License Agreement.  (4) to use textual and pictorial
matter pertaining to the Software (in particular the user manual and other user
documentation) as well as SSHTOOLS trademarks and trade names associated with the
Software to the extent and on such promotional display and advertising as may
at Your discretion promote the sale of the Software, (5) to demonstrate the
single Named Product to any bona fide prospective customer; and (6) to exploit
the single Named Product under Your trademark and trade name.

SOURCE CODE IS SOLD AS IS.  SSHTOOLS DOES NOT
PROVIDE ANY TECHNICAL SUPPORT FOR SOURCE CODE.

SSHTOOLS and/or its licensors reserve
all rights not expressly granted to You herein. Any
license granted by SSHTOOLS under this Agreement is not a sale of the Software or
any copy of the Software. The Software contains valuable trade secrets of SSHTOOLS
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 SSHTOOLS. The Software is protected,
among other ways, by the copyright laws of England
and Wales
and international copyright treaties. All rights not expressly granted herein
are retained by SSHTOOLS 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 for purposes other than
bona fide evaluation usage subject to the terms of the Evaluation License
contained herein (e.g. incorporating the Software in a commercial product or
service without a Binary or Source Code 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 without a valid Binary or Source Code License (except
for one emergency or back-up copy per license that You have paid for);

(v) rent, lease, sublicense, convey, distribute or otherwise transfer rights to
the Software except for those rights granted with the Binary or Source Code
License provide you have paid the relevant fees.

(vi) remove any product identification, copyright,
proprietary notices or labels from the Software; or

(vii) use any SSHTOOLS trademarks in any manner other than their presence within
Your copy of the Software without written permission of SSHTOOLS.

(viii) use
the source code in whole or in part, as the basis for creating a general
purpose development tool, library and/or component, or otherwise a product that
provides the same, or substantially the same, functionality as any SSHTOOLS product
without the express consent of SSHTOOLS Ltd.

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

The subscription service is provided as a free component of the total license
fee.  When products are purchased without the subscription service, SSHTOOLS is
under no obligation to maintain or support
or update the Software in any way, or to provide updates or error
corrections.  Subject to the terms and conditions herein and provided that
You have paid any applicable license and other fee(s), You will receive
software updates (as SSHTOOLS, in its sole discretion, releases from time to time),
technical support via email, and the
web for certain time periods set by SSHTOOLS. For further information, go to www.sshtools.com.

CONFIDENTIALITY

The Software and any license authorization codes are confidential and
proprietary information of SSHTOOLS. 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

SSHTOOLS 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 SSHTOOLS 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 SSHTOOLS. 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 SSHTOOLS OR ITS LICENSORS BE LIABLE FOR ANY 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 SSHTOOLS 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 SSHTOOLS 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 SSHTOOLS IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE
EXCEED THE ACTUAL AMOUNT PAID TO SSHTOOLS, 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. SSHTOOLS
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 SSHTOOLS's request, You or your authorized
signatory, will certify in writing to SSHTOOLS 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.

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 England
and Wales
without regard to conflict of laws rules and principles.

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 SSHTOOLS'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 SSHTOOLS 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.

COPYRIGHTS

Maverick SSHD

© Copyright 2003-2008 SSHTools Ltd, All Rights Reserved.

This software may contain
other copyrighted software which is subject to different license terms.
Details of such software (if any) can be found in the COPYRIGHTS file that
accompanies this license file.