Opengear end-user license agreement

Read before you accept these terms and conditions and use the Lighthouse VM software appliance.

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE LIGHTHOUSE VM SOFTWARE APPLIANCE, THE USE OF WHICH IS LICENSED FOR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK “ACCEPT” OR A SIMILAR PROMPT OR TAB INDICATING THAT YOU ACCEPT THESE TERMS AND CONDITIONS. BY CLICKING “ACCEPT” OR SUCH SIMILAR PROMPT OR TAB, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT.

DEFINITIONS:

  1. “Acceptance” means you have indicated that you acknowledge and agree to the terms and conditions of this Agreement by clicking “Accept” or such other similar prompt or
  2. “Agreement” means this
  3. “End User Support” means commercially reasonable assistance to end users for technical issues relating to the operation of the Software and questions relating to the
  4. “EULA” means this Opengear End User License
  5. “Maintenance” means bug fixes, updates, and patches to the
  6. “Nodes” means any endpoint that connects to Lighthouse, including Nodes licensed or provided by Opengear or its suppliers. Nodes may be a hardware appliance from Opengear or a third party hardware appliance, such as, for example, a Cisco
  7. “Opengear” means Opengear,
  8. “Software” means software, products, Nodes, and/or equipment offered and/or provided by Opengear to its prospective and current customers as an installed and/or downloaded licensed software, and/or licensed infrastructure related thereto. The Software includes any media, printed materials, and “online” or electronic documentation, data, or information provided by Opengear associated therewith or resulting from the use thereof. The Software also includes Opengear proprietary software and/or proprietary software licensed to Opengear by its
  9. “License” means the right, subject to the terms of this Agreement, to have (i) the Software installed, downloaded, accessed, used, or copied on your systems; and (ii) use and access of the Software by you and your authorized employees during the License

This EULA is a legal agreement between you (either an individual or a single entity) and Opengear for your License to the Software subject to the terms set forth in this Agreement. You are required to Accept this EULA as a condition of the License. If you do not Accept this EULA, you may not download, copy, access, install, or otherwise use the Software. Products, materials, data, information, services, or software with separate end user license agreements that may be provided along with the Software are licensed to you under the terms of those separate end user license agreements.

LICENSE GRANT.
Subject to the terms and conditions of this EULA, Opengear grants you a nonexclusive and non-transferable right, without the right to sublicense, to install and use the Software on a single physical or virtual CPU, and to install and use the Software on a second physical or virtual CPU to serve as an idle stand-by, provided that,

  1. you may not rent, lease, sell, sublicense, or lend the Software to a third party or an unauthorized user;
  2. you may not reverse engineer, decompile, disassemble or modify the Software, except and only to the extent that such activity is expressly required by applicable law notwithstanding this limitation;
  3. you may not transfer rights granted to you under this EULA without the express written consent of Opengear as determined in its sole discretion, provided that you transfer at the same time all copies of the Software to the same approved transferee or destroy such materials not transferred, and the transferee agrees to this EULA;
  4. if you have not obtained and installed a Software License Key from an Opengear authorized reseller or Opengear, you are permitted to use the Software solely for evaluation or demonstration purposes however your right to use the Software shall terminate thirty (30) days after your installation of the Software, at which time you must return or destroy the Software; and
  5. if you have installed a Software License Key you may not use the Software to concurrently manage more than the number of Nodes specified in the related customer purchase

Your License is contingent upon your payment in full of all applicable fees for the License and use of the Software or components thereof to Opengear’s authorized reseller. To receive and/or activate your Software License Key, you must pay your License fees to Opengear or such reseller.

In connection with the License to the Software and subject to your payment to Opengear or its authorized reseller of the fees for such License, Opengear or its authorized reseller will provide you with End User Support. End User Support does not include assistance or support relating to issues caused by third party software, equipment, or service providers. Opengear will provide you with Maintenance services. End User Support and Maintenance is included in the applicable License fees, and contingent upon your payment to Opengear or its authorized reseller of all such applicable License fees, for the License to the Software and/or each of the components thereof, including Nodes.

No license is granted hereunder in or to any of the Software’s proprietary source code, materials, equipment, Software, or Software components. The License rights granted hereunder are the exclusive rights granted to you with respect to the Software. Without limiting the generality of the foregoing sentence, nothing in this Agreement grants you any rights or licenses to patents, copyrights, trade secrets, trademarks or any other intellectual property rights or other rights with respect to the Software. You may make a reasonable number of copies of the electronic documentation accompanying the Software for each Software License you purchase, provided, however, that you must reproduce and include any and all copyright notices and any other proprietary rights notices appearing on the electronic documentation in connection with such copies.

Opengear reserves all rights not expressly granted herein.

INTELLECTUAL PROPERTY RIGHTS.

The Software is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. Opengear or its applicable suppliers and licensors retain all ownership of, and intellectual property rights in (including, without limitation, copyrights) and to the Software, Software components, and all copies, improvements, modifications, and derivative works thereof, provided however, that

  1. certain components of the Software, including SDT Connector, are components licensed under the GNU General Public License Version 2, which Opengear supports. Opengear will provide source code for any of the components of the Software licensed by Opengear under the GNU General Public License upon request solely for your internal review; and
  2. the SDT Connector includes code from JSch, a pure Java implementation of SSH2 which is licensed under BSD style license. Copies of these licenses are detailed on the Opengear web site.

EXPORT RESTRICTIONS.

You agree that you will not, in violation of any applicable laws or regulations of the United States or other jurisdiction, export or re-export the Software, any part thereof, or any process or service that is the direct product of, related to, or provided by Opengear in connection with, the Software.

U.S. GOVERNMENT RESTRICTED RIGHTS.

The Software and related documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software – Restricted Rights at 48 C.F.R. 52.227-19, as applicable, or any successor regulations.

TERM AND TERMINATION.

This EULA, and each price provided by Opengear or its authorized reseller for the Software, License, and related products and services, or parts thereof, is effective for one (1) year from your Acceptance of this Agreement, except as otherwise set forth herein. This Agreement and such prices shall terminate after such period unless the parties agree in writing to renew the terms and conditions of this EULA and such pricing, as may be updated or amended from time to time upon such expiration. Each unique Lighthouse VM Software License and Node has an associated active term once installed, copied, downloaded, or utilized (whichever is earliest, as applicable). Prices for Nodes or any part of the Software provided by Opengear or its authorized reseller may increase upon expiration of their particular active term in the event you want to continue your License thereto. Each Node or part of the Software Licensed or added by you will be subject to particular prices or fees therefor. Opengear reserves the right to terminate Software support and Software Maintenance if the active License term applicable thereto has expired. You agree that Opengear has the right to immediately shut down the functionality, operation, and your use and access to the Software, or any applicable part thereof, upon the expiration of the applicable License term. Opengear will allow for a reasonable timeframe to renew licenses that have lapsed, not less than 3 months, with access being limited to read only during this period. To the extent Opengear provides you with a renewal message or notice electronically through the Software or otherwise in writing, you must contact Opengear or its authorized reseller to discuss renewing the License should you desire to do so, provided that Opengear still reserves the right to disconnect any Software upon expiration of the applicable License. Any renewal shall be subject to the renewed terms and conditions agreed upon by the parties. You agree that Opengear or its authorized resellers may increase pricing for any Licensed Software or parts thereof in connection with any such renewal. Opengear may terminate this EULA immediately if you fail to comply with or breach any term or condition of this EULA. In such event, Opengear, at its sole discretion, may shut down the functionality or operation of, or your use and access to, the Software or, in its sole discretion, provide you with written notice of advance or immediate termination. In the event of any termination, you must destroy all copies of the Software and return, or destroy at Opengear’s written direction, any materials, products, or information provided by Opengear in connection therewith. You may also terminate this EULA at any time by destroying the Software, provided, however, that any fees paid to Opengear prior to such termination shall be non-refundable.

GOVERNING LAW AND ATTORNEY’S FEES.

This EULA is governed by the laws of the State of New Jersey, USA, excluding its conflict of law rules. All disputes arising in connection with this Agreement shall be resolved in the State of New Jersey. You agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety and does not apply to this EULA. 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 EULA or to interpret any provision of this EULA, the prevailing party will be entitled to recover its costs, including reasonable attorneys’ fees. ENTIRE AGREEMENT. This EULA constitutes the entire agreement between you and Opengear with respect to the Software, and supersedes all other agreements or representations, whether written or oral. The terms of this EULA can only be modified by express written consent of both parties. If any part of this EULA 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. Should you have any questions concerning this EULA, or if you desire to contact Opengear for any reason, please contact the Opengear representative serving your company.

THE SOFTWARE IS NOT FAULT TOLERANT. YOU HAVE INDEPENDENTLY DETERMINED HOW TO USE THE SOFTWARE, AND OPENGEAR HAS RELIED UPON YOU TO CONDUCT SUFFICIENT TESTING TO DETERMINE THAT THE SOFTWARE IS SUITABLE FOR SUCH USE.

LIMITED WARRANTY

Opengear warrants the media containing the Software for a period of ninety (90) days from the date of original purchase from Opengear or its authorized retailer. Proof of date of purchase will be required. Any updates to the Software provided by Opengear (which may be provided by Opengear at its sole discretion) shall be governed by the terms of this EULA. In the event the product fails to perform as warranted, Opengear’s sole obligation shall be, at Opengear’s discretion, to refund the purchase price paid by you for the Software on the defective media, or to replace the Software on new media.

Opengear makes no warranty or representation that its Software will meet your requirements, will work in combination with any hardware or application software products provided by third parties, that the operation of the software products will be uninterrupted or error free, or that all defects in the Software will be corrected.

EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS EULA, OPENGEAR DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OTHER THAN AS STATED HEREIN, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. ALSO, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT. IF YOU HAVE RECEIVED ANY WARRANTIES REGARDING THE DEVICE OR THE SOFTWARE, THOSE WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON, OPENGEAR.

NO LIABILITY FOR CERTAIN DAMAGES. EXCEPT AS PROHIBITED BY LAW, OPENGEAR SHALL HAVE NO LIABILITY FOR COSTS, LOSS, DAMAGES OR LOST OPPORTUNITY OF ANY TYPE WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOST OR ANTICIPATED PROFITS, LOSS OF USE, LOSS OF DATA, OR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT, WARRANTY OR OTHERWISE ARISING FROM OR IN CONNECTION WITH THIS EULA OR THE USE OR PERFORMANCE OF THE SOFTWARE. IN NO EVENT SHALL OPENGEAR BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE LICENSE FEE PAID TO OPENGEAR UNDER THIS EULA. SOME STATES AND COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

GNU general public license (GPL), version 2

GNU GENERAL PUBLIC LICENSE
Version 2, June 1991

Copyright (C) 1989, 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA

Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

GNU GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

  1. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The “Program”, below, refers to any such program or work, and a “work based on the Program” means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term “modification”.) Each licensee is addressed as “you”.Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.
  2. You may copy and distribute verbatim copies of the Program’s source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
  3. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:
    1. You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
    2. You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
    3. If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)

These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.

In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

  1. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
    1. Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
    2. Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
    3. Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.

If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.

  1. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
  2. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.
  3. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients’ exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
  4. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.

It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.

This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.

  1. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.
  2. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and “any later version”, you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.
  3. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software andof promoting the sharing and reuse of software generally.

NO WARRANTY

  1. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,REPAIR OR CORRECTION.
  2. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

END OF TERMS AND CONDITIONS