Aladdin Hasp 4.110.5.41, 4.96.0.0
This CA product contains the above software, portions of which are distributed in accordance with the following terms:
ALADDIN KNOWLEDGE SYSTEMS
HASP PRODUCT END USER LICENSE AGREEMENT
IMPORTANT INFORMATION - PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE
CONTENTS OF THE PACKAGE AND/OR BEFORE DOWNLOADING OR INSTALLING THE SOFTWARE
PRODUCT. ALL ORDERS FOR AND USE OF THE HASP PRODUCTS (including without limitation, the
Developer’s Kit, libraries, utilities, diskettes, CD_ROM, HASP® keys, the software component of Aladdin’s
HASP and the HASP SRM Software Protection and Licensing Guide) (hereinafter “Product”) SUPPLIED BY
ALADDIN KNOWLEDGE SYSTEMS LTD. (or any of its affiliates - either of them referred to as “ALADDIN”)
ARE AND SHALL BE, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
BY OPENING THE PACKAGE CONTAINING THE PRODUCTS AND/OR BY DOWNLOADING THE
SOFTWARE (as defined hereunder) AND/OR BY INSTALLING THE SOFTWARE ON YOUR COMPUTER
AND/OR BY USING THE PRODUCT, YOU ARE ACCEPTING THIS AGREEMENT AND AGREEING TO BE
BOUND BY ITS TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THIS AGREEMENT OR ARE NOT WILLING TO BE BOUND
BY IT, DO NOT OPEN THE PACKAGE AND/OR DOWNLOAD AND/OR INSTALL THE
SOFTWARE AND PROMPTLY (at least within 7 days from the date you received this
package) RETURN THE PRODUCTS TO ALADDIN, ERASE THE SOFTWARE, AND ANY
PART THEREOF, FROM YOUR COMPUTER AND DO NOT USE IT IN ANY MANNER
WHATSOEVER.
This Agreement has 3 sections:
Section I applies if you are downloading or using the Product free of charge for evaluation purposes only.
Section II applies if you have purchased or have been otherwise granted by Aladdin a license to use the
Product.
Section III applies to all grants of license.
1. SECTION I -- TERMS APPLICABLE TO GRANT OF EVALUATION LICENSE
1.1. License Grant. Aladdin hereby grants to you, and you accept, a nonexclusive license to use the
Product in machine-readable, object code form only, free of charge, for the purpose of evaluating
whether to purchase an ongoing license to the Product and only as authorized in this License
Agreement. The evaluation period is limited to the maximum amount of days specified in your
applicable evaluation package. You may use the Product, during the evaluation period, in the
manner described in Section III below under "Extent of Grant."
1.2. DISCLAIMER OF WARRANTY. The Product is provided on an "AS IS" basis, without warranty of
any kind. IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
SATISFACTION AND MERCHANTABILITY SHALL NOT APPLY. SOME JURISDICTIONS DO NOT
ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY
TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. The
entire risk as to the quality and performance of the Product is borne by you. This disclaimer of
warranty constitutes an essential part of the agreement.
If you initially acquired a copy of the Product without purchasing a license and you wish to
purchase a license, contact Aladdin or any Aladdin representative.
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2. SECTION II -- APPLICABLE TERMS WHEN GRANTED A LICENSE
2.1. License Grant. Subject to your payment of the license fees applicable to the type and amount of
licenses purchased by you and set forth in your applicable purchase order, Aladdin hereby grants to
you, and you accept, a personal, nonexclusive and fully revocable limited License to use the
Software (as such term is defined in Section III hereunder, in the Intellectual Property subsection),
in executable form only, as described in the Software accompanying user documentation and only
according to the terms of this Agreement: (i) you may install the Software and use it on computers
located in your place of business, as described in Aladdin’s related documentation; (ii) you may
merge and link the Software into your computer programs for the sole purpose described in the
HASP SRM Software Protection and Licensing Guide; however, any portion of the Software merged
into another computer program shall be deemed as derivative work and will continue to be subject
to the terms of this Agreement; and (iii) you are permitted to make a reasonable number of copies of
the Software solely for backup purposes. The Software shall not be used for any other purposes.
2.2. Sub-Licensing. After merging the Software in your computer program(s) according to the License
Grant section above, you may sub-license, pursuant to the terms of this Agreement, the merged
Software and resell the hardware components of the Product, which you purchased from Aladdin, if
applicable, to distributors and/or users. Preceding such a sale and sub-licensing, you shall make
sure that your contracts with any of your distributors and/or end users (and their contracts with their
customers) shall contain warranties, disclaimers, limitation of liability, and license terms which are
no less protective of Aladdin's rights than such equivalent provisions contained herein. In addition,
you shall make it abundantly clear to your distributors and/or end users, that Aladdin is not and shall
not, under any circumstances, be responsible or liable in any way for the software and software
licenses contained in your computer programs which you merge with the Aladdin Software and
distribute to your distributors and/or end users, including, without limitation, with respect to
extending license terms and providing maintenance for any software elements and/or computer
programs which are not the Aladdin Software. Aladdin expressly disclaims any responsibility and
liability with respect to any computer programs, software elements, and/or hardware elements which
are not and do not form part of the Aladdin product.
2.3. Limited Warranty. Aladdin warrants, for your benefit alone, that (i) the Software, when and as
delivered to you, and for a period of three (3) months after the date of delivery to you, will perform in
substantial compliance with the HASP SRM Software Protection and Licensing Guide, provided that
it is used on the computer hardware and with the operating system for which it was designed; and
(ii) that the HASP® key, for a period of twelve (12) months after the date of delivery to you, will be
substantially free from significant defects in materials and workmanship. You may enable or disable
certain features when applying the HASP protection software by changing settings in the HASP
SRM tools in accordance with the HASP SRM Software Protection and Licensing Guide;
HOWEVER, IT IS IMPORTANT TO NOTE THAT WHEN ENABLING OR DISABLING SOME
FEATURES YOU MIGHT REDUCE THE LEVEL OF PROTECTION PROVIDED BY THE
SOFTWARE.
2.4. Warranty Disclaimer. ALADDIN DOES NOT WARRANT THAT ANY OF ITS PRODUCT(S) WILL
MEET YOUR REQUIRMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR
ERROR-FREE. TO THE EXTENT ALLOWED BY LAW, ALADDIN EXPRESSLY DISCLAIMS ALL
EXPRESS WARRANTIES NOT STATED HERE AND ALL IMPLIED WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. NO ALADDIN’S DEALER, DISTRIBUTOR, RESELLER, AGENT
OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR
ADDITIONS TO THIS WARRANTY. If any modifications are made to the Software or to any other
part of the Product by you; if the media and the HASP® key is subjected to accident, abuse, or
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improper use; or if you violate any of the terms of this Agreement, then the warranty in Section 2.3
above, shall immediately be terminated. The warranty shall not apply if the Software is used on or in
conjunction with hardware or program other than the unmodified version of hardware and program
with which the Software was designed to be used as described in the HASP SRM Software
Protection and Licensing Guide.
2.5. Limitation of Remedies. In the event of a breach of the warranty set forth above, Aladdin's sole
obligation, and your sole remedy shall be, at Aladdin's sole discretion: (i) to replace or repair the
Product, or component thereof, that does not meet the foregoing limited warranty, free of charge; or
(ii) to refund the price paid by you for the Product, or component thereof. Any replacement or
repaired component will be warranted for the remainder of the original warranty period or 30 days,
whichever is longer. Warranty claims must be made in writing during the warranty period and within
seven (7) days of the observation of the defect accompanied by evidence satisfactory to Aladdin. All
Products should be returned to the distributor from which they were purchased (if not purchased
directly from Aladdin) and shall be shipped by the returning party with freight and insurance paid.
The Product or component thereof must be returned with a copy of your receipt.
3. SECTION III -- TERMS APPLICABLE TO ALL GRANTS OF LICENSE
3.1. Extent of Grant and Prohibited Uses. Except as specifically permitted in Sections 2.1 and 2.2
above, you agree not to (i) use the Product in any manner beyond the scope of license purchased
by you in accordance with your applicable purchase order; (ii) use, modify, merge or sub-license the
Software or any other of Aladdin’s products except as expressly authorized in this Agreement and in
the HASP SRM Software Protection and Licensing Guide; and (iii) sell, license (or sub-license),
lease, assign, transfer, pledge, or share your rights under this License with/to anyone else; and (iv)
modify, disassemble, decompile, reverse engineer, revise or enhance the Software or attempt to
discover the Software’s source code; and (v) place the Software onto a server so that it is
accessible via a public network; and (vi) use any back-up or archival copies of the Software (or
allow someone else to use such copies) for any purpose other than to replace an original copy if it is
destroyed or becomes defective. If you are a member of the European Union, this agreement does
not affect your rights under any legislation implementing the EC Council Directive on the Legal
Protection of Computer Programs. If you seek any information within the meaning of that Directive
you should initially approach Aladdin.
3.2. Intellectual Property. THIS IS A LICENSE AGREEMENT AND NOT AN AGREEMENT FOR
SALE. The software component of Aladdin’s HASP Product, including any revisions, corrections,
modifications, enhancements, updates and/or upgrades thereto, (hereinafter in whole or any part
thereof defined as: "Software"), and the related documentation, ARE NOT FOR SALE and are and
shall remain in Aladdin’s sole property. All intellectual property rights (including, without limitation,
copyrights, patents, trade secrets, trademarks, etc.) evidenced by or embodied in and/or
attached/connected/related to the Product, (including, without limitation, the Software code and the
work product performed in accordance with Section II above) are and shall be owned solely by
Aladdin. This License Agreement does not convey to you an interest in or to the Software but only a
limited right of use revocable in accordance with the terms of this License Agreement. Nothing in
this Agreement constitutes a waiver of Aladdin’s intellectual property rights under any law.
3.3. Records & Audit. During the term of this End User License Agreement, you undertake to maintain
records and reports with respect to all Product Activations and of the floating network seats
consumed through your services ("Records"). Aladdin shall be entitled to audit your Records at any
time upon prior written notice. Any such audit shall be performed during normal business hours.
3.4. Termination. Without prejudice to any other rights, Aladdin may terminate this license upon the
breach by you of any term hereof. Upon such termination by Aladdin, you agree to destroy, or return
to Aladdin, the Product and the Documentation and all copies and portions thereof.
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3.5. Limitation of Liability. Aladdin’s cumulative liability to you or any other party for any loss or
damages resulting from any claims, demands, or actions arising out of or relating to this Agreement
and/or the sue of the Product shall not exceed the license fee paid to Aladdin for the use of the
Product/s that gave rise to the action or claim, and if no such Product/s is/are so applicable then
Aladdin's liability shall not exceed the amount of license fees paid by You to Aladdin hereunder
during the twelve (12) months period preceding the event. UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ALADDIN OR ITS
SUPPLIERS OR RESELLERS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS
INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS,
LOSS OF BUSINESS INFORMATION, DAMAGES FOR PERSONAL INJURY OR ANY AND ALL
OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ALADDIN SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY
NOT APPLY TO YOU.
3.6. No other Warranties. Except and to the extent specifically provided herein, Aladdin makes no
warranty or representation, either express or implied, with respect to its Products as, including their
quality, performance, merchantability or fitness for a particular purpose.
3.7. Export Controls. You acknowledge that the Product is subject to certain export control laws, rules,
and/or regulations, including, without limitation, to the United States and/or Israeli export control
laws, rules, and/or regulations, and you therefore agree that the Product will not be shipped,
transferred, or exported into any country or used in any manner prohibited by applicable law.
3.8. Governing Law & Jurisdiction. This Agreement shall be construed and governed in accordance
with the laws of Israel (except for conflict of law provisions) and only the courts in Israel shall have
jurisdiction in any conflict or dispute arising out of this Agreement. The application of the United
Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The
failure of either party to enforce any rights granted hereunder or to take action against the other
party in the event of any breach hereunder shall not be deemed a waiver by that party as to
subsequent enforcement of rights or subsequent actions in the event of future breaches.
3.9. Third Party Software. The Product contains the Open SSL Toolkit which includes the OpenSSL
software, as set forth in Exhibit A and the Original SSLeay software, as set forth in Exhibit B. Such
third party’s software is provided “As Is” and use of such software shall be governed by the terms
and conditions as set forth in Exhibit A and Exhibit B. If the Product contains any software
provided by third parties other than the software noted in Exhibit A and Exhibit B, such third
party’s software are provided “As Is” and shall be subject to the terms of the provisions and
condition set forth in the agreements contained/attached to such software. In the event such
agreements are not available, such third party’s software are provided “As Is” without any warranty
of any kind and this Agreement shall apply to all such third party software providers and third party
software as if they were Aladdin and the Product respectively.
3.10. Miscellaneous. If the copy of the Product you received was accompanied by a printed or
other form of "hard-copy" End User License Agreement whose terms vary from this Agreement,
then the hard-copy End User License Agreement governs your use of the Product. This Agreement
represents the complete agreement concerning this license and may be amended only by a writing
executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU, IS
EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN,
COMBINED WITH THE APPLICABLE LICENSE SCOPE AND TERMS, IF ANY, SET FORTH IN
YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such
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provision shall be reformed only to the extent necessary to make it enforceable. The failure of
either party to enforce any rights granted hereunder or to take action against the other party in the
event of any breach hereunder shall not be deemed a waiver by that party as to subsequent
enforcement of rights or subsequent actions in the event of future breaches.
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Exhibit A
Open SSL License
A. Notices
I. Copyright (c) 1998-2005 The OpenSSL Project. All rights reserved.
II. Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
III. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
IV. All advertising materials mentioning features or use of this software must
display the following acknowledgment: “This product includes software
developed by the OpenSSL Project for use in the OpenSSL Toolkit.
(http://www.openssl.org/)”
V. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to
endorse or promote products derived from this software without prior written
permission. For written permission, please contact opensslcore@
openssl.org.
VI. Products derived from this software may not be called "OpenSSL" nor may
"OpenSSL" appear in their names without prior written permission of the
OpenSSL Project.
VII. Redistributions of any form whatsoever must retain the following
acknowledgment: "This product includes software developed by the
OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)"
B. DISCLAIMER OF WARRANTY
THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ''AS IS'' AND ANY
EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY
OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Exhibit B
Original SSLeay License
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A. Notices
I. Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com). All rights
reserved.
II. This package is an SSL implementation written by Eric Young
(eay@cryptsoft.com).
III. The implementation was written so as to conform with Netscapes SSL.
IV. This library is free for commercial and non-commercial use as long as the
following conditions are adheared to. The following conditions apply to all
code found in this distribution, be it the RC4, RSA, lhash, DES, etc., code;
not just the SSL code. The SSL documentation included with this
distribution is covered by the same copyright terms except that the holder is
Tim Hudson (tjh@cryptsoft.com).
V. Copyright remains Eric Young's, and as such any Copyright notices in the
code are not to be removed.
VI. If this package is used in a product, Eric Young should be given attribution
as the author of the parts of the library used.
VII. This can be in the form of a textual message at program startup or in
documentation (online or textual) provided with the package.
VIII. Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
IX. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
X. All advertising materials mentioning features or use of this software must
display the following acknowledgment: "This product includes cryptographic
software written by Eric Young (eay@cryptsoft.com)".
XI. If you include any Windows specific code (or a derivative thereof) from the
apps directory (application code) you must include an acknowledgement:
"This product includes software written by Tim Hudson (tjh@cryptsoft.com)"
B. DISCLAIMER OF WARRANTY.
THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ''AS IS'' AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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