ApplicGate Binary Code License

1.  General Description. 
This binary code license ("License") contains rights and restrictions associated with use of the accompanying software ApplicGate.exe and documentation ("Software"). Read the License carefully before installing the Software. By installing and/or using the Software, you agree to the terms and conditions of this License.

2.  License. 
ApplicGate Network Security e.U. ("Licensor" or "ApplicGate") grants to you ("Licensee") the right to use the software in test mode (no license key installed) on any computer. The software will terminate after 10 minutes when running in test mode.
In order to run the software in productive mode you have to obtain a license from Licensor. 
This license is a non-transferable limited license to use the Software on one (virtual) machine (central processing unit) at one location until the date the limited license terminates pursuant to Section 9 of this License. This License is for the use of the Software in object code form only.

3.  Restrictions.
Currently the Licensor cannot grant licenses to following companies: ANDRITZ AG, Danieli & C. Officine Meccaniche S.p.A. and SMS group GmbH.

4.  Other Restrictions. 
Licensee agrees that the Software is the sole and exclusive property of ApplicGate and is proprietary to ApplicGate. Licensee shall use the Software only as expressly permitted by this License and use the Licensee's best efforts to prevent and protect the contents of the Software (or any part thereof) from unauthorized disclosure. Licensee shall not modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer Software. Software may not be leased, assigned, or sublicensed, in whole or in part. Software is not designed or intended for use in, or on applications intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in medical, biological, pharmaceutical, or other life-dependent applications; or in the design, construction, operation or maintenance of any nuclear facility. Licensee warrants that it will not use or redistribute the Software for such purposes. Licensee accepts full responsibility for use of the Software including, but not limited to, acceptance of full responsibility pursuant to third party software and licensing agreements regarding the use of the Software to modify, examine, or otherwise process such third party software.  Licensee shall have sole responsibility for the installation of the software.

5.  Trademarks and Logos. 
This License does not authorize Licensee to use any name, trademark or logo of Licensor. Licensee acknowledges that Licensor owns the "ApplicGate", trademarks, logos and icons. Licensee shall neither take nor permit any action that will delete or obscure Licensor's copyright legend on any Software and any related documentation and materials.

6.  Competitive Product Restriction. 
You may you use the Software to create a product that is generally competitive with ApplicGate's product offerings.

7.  Disclaimer of Warranty. 
The Software is provided "AS IS," without any warranty or representation of any kind. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED BY APPLICGATE AND ITS SUPPLIERS "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER.  ALL CONDITIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED BY APPLICGATE AND ITS SUPPLIERS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED CONDITIONS AND/OR WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT OF ANY ACTUAL BREACH OF THIS LICENSE BY APPLICGATE, LICENSEE'S SOLE AND EXCLUSIVE REMEDY SHALL BE THE RECISSION OF THIS LICENSE AND RECOVER OF ANY SUMS PAID BY LICENSEE TO APPLICGATE.

8.  Limitation of Liability. 
APPLICGATE AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, IN NO EVENT WILL APPLICGATE OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF APPLICGATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.  Termination.  
Licensee may terminate this License by either returning the Software to ApplicGate or destroying the Software (in which event, Licensee shall certify in writing to ApplicGate that such destruction has occurred).  This License will terminate immediately without notice from ApplicGate if Licensee fails to comply with any provision of this License. Upon such termination, Licensee must destroy all copies of Software, and upon ApplicGate's request, Licensee shall certify in writing to ApplicGate that such destruction has occurred.  In the event of a termination of the License for any reason or by any party, Licensee shall have no right to claim a refund for any sums paid by Licensee to ApplicGate.  From and after the termination of the License for any reason or by any party, Licensee shall not use the Software for any purpose whatsoever and shall not disclose or use the Software (or any part thereof) in any fashion.

10. Marketing. 
You agree to be identified as a customer of ApplicGate and you agree that ApplicGate may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in ApplicGate's marketing materials and web site. You hereby grant ApplicGate a license to use your name and any of your trade names and trademarks solely in connection with the rights granted to ApplicGate pursuant to this marketing section.

11. Export Regulations. 
You acknowledge that the Product is of Austrian origin. You agree to comply with all applicable international and national laws that apply to the Product, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.  

12. Governing Law/Jurisdiction and Venue. 
Any action related to this License will be governed by Austrian law. No choice of law rules of any jurisdiction will apply. Proper and exclusive venue for any action arising hereunder shall lie in the Courts of Linz/Austria. Licensee irrevocably consents and submits to the personal jurisdiction of said Courts.

13. Audit. 
During the term of this Agreement and for three (3) years after termination or expiration,  Licensee will maintain complete records regarding  Licensee's use and distribution of the Software. Upon reasonable notice to you, ApplicGate may audit, at ApplicGate's expense,  Licensee's books and records to determine  Licensee's compliance hereunder.  In the event any such audit reveals that Licensee has underpaid ApplicGate by an amount greater than five percent (5%) of the amounts due ApplicGate in the period being audited, or that Licensee  has knowingly breached any obligation hereunder, then, in addition to such other remedies as ApplicGate may have, Licensee shall pay or reimburse to ApplicGate for the cost of the audit.

14. Severability. 
If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived to the extent necessary for the License to be otherwise enforceable in such jurisdiction. However, if in Licensor's opinion deletion of any provisions of the License by operation of this paragraph unreasonably compromises the rights or increase the liabilities of Licensor or its licensors, Licensor reserves the right to terminate the License and refund the fee paid by Licensee, if any, and such refund shall be Licensee's sole and exclusive remedy.

15. No Waiver. 
No waiver by Licensor of any breach of any provision of this Agreement shall be effective unless in writing signed by Licensor. No waiver shall constitute a continuing waiver unless expressly provided in the writing signed by Licensor.

16. Entire Agreement. 
This License constitutes the entire agreement between the parties respecting the subject matter hereof and thereof, and supersedes all previous proposals, negotiations, representations, warranties, commitments, writings and communications between parties. The terms of this License shall prevail notwithstanding any variance with the terms of any purchase order or any other document submitted by Licensee.  This License may be amended only through a written document signed by ApplicGate and Licensee.