Limited License Agreement
THE ETPKI SDK, INCLUDING ITS CODE, PROGRAMS, DOCUMENTATION, APPEARANCE, STRUCTURE AND ORGANIZATION IS A TRADE SECRET AND PROPRIETARY PRODUCT OF CA AND ITS LICENSORS. THE PROGRAM IS PROTECTED BY COPYRIGHT, PATENT, TRADEMARK AND OTHER LAWS. TITLE TO THE PROGRAM, OR ANY COPY, MODIFICATION, TRANSLATION, PARTIAL COPY, COMPILATION, DERIVATIVE WORK OR MERGED PORTION OF THE PROGRAM, SHALL AT ALL TIMES REMAIN WITH CA AND ITS LICENSORS.
7.1.1. Use of Program.
The Program is provided solely for the Licensee's nonexclusive, internal use and subject to the usage limitations set forth in the contract established between the Licensee and CA. You may NOT use this Program on any computer other than the designated computer as identified in such contract without the prior written consent of CA and payment of any applicable fees. The Licensee may make copies of the Program solely for backup or archival purposes in support of its permitted use of the Program. The Program is Confidential Information of CA, and Licensee, its employees, and agents agree to keep the Program strictly confidential.
7.1.2. Restrictions
Without the prior written consent of CA, the Licensee may not:
a. TRANSFER, ASSIGN, RENT, USE, COPY OR MODIFY THE PROGRAM, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PERMITTED IN THIS AGREEMENT.
b. DECOMPILE, REVERSE ASSEMBLE OR OTHERWISE REVERSE ENGINEER THE PROGRAM, EXCEPT TO THE EXTENT THE FOREGOING RESTRICTION IS EXPRESSLY PROHIBITED UNDER APPLICABLE LAW.
c. REPRODUCE, DISCLOSE, MARKET, LEASE, TRANSFER, DISTRIBUTE OR REVISE THE PROGRAM OR THE PROGRAM DOCUMENTATION.
d. DISTRIBUTE ANY EXECUTABLE VERSIONS OF THE PROGRAM TO THIRD PARTIES OR USE SUCH EXECUTABLES IN EXCESS OF THE LIMITATIONS SET FORTH ABOVE.
e. USE THE PROGRAM TO PROVIDE FACILITY MANAGEMENT, SERVICE BUREAU OR OTHER ACCESS OR USE OF THE PROGRAM FOR THE BENEFIT OF THIRD PARTIES.
CA MAY IMMEDIATELY TERMINATE THIS AGREEMENT IN THE EVENT OF ANY FAILURE TO COMPLY WITH THE ABOVE TERMS AND CONDITIONS. SUCH TERMINATION SHALL BE IN ADDITION TO AND NOT IN LIEU OF ANY CRIMINAL, CIVIL OR OTHER REMEDIES AVAILABLE TO CA.
7.1.3. Warranty Limitations
CA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATIONS OF THE PROGRAM WILL BE UNINTERRUPTED, ERROR FREE, OR WILL APPEAR AS DESCRIBED IN THE DOCUMENTATION.
THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7.1.4. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CA OR ITS LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGES, DIRECT OR INDIRECT, INCLUDING LOST PROFITS, LOST SAVINGS, TIME, MONEY, GOODWILL OR OTHER INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM, EVEN IF CA HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY TO TERMINATE THIS AGREEMENT IS BY WRITTEN NOTICE TO CA.
7.1.5. General
Usage of the Program shall be governed by this Agreement pursuant to the Federal Acquisition Regulations 52.212-4 and Section 12.301(b)(3). Licensee acknowledges that the Program is commercial off-the-shelf software and is provided with "Restricted Rights." Use, duplication or disclosure by the U.S. Government is also subject to the restrictions set forth in 48 C.F.R Section 52.227-19(c) (1) and (2) or DFARS 252.227-7013(c)(1)(ii) or applicable successor provisions. The manufacturer is CA, Inc. Licensee is required to observe the relevant US Export Administration Regulations and may not re-export the Program in violation of these or other applicable export laws or regulations.
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7.2 OpenSSL
This product uses the OpenSSL library and as such portions of eTrust ETPKI SDK are subject to the OpenSSL license as shown below.
LICENSE ISSUES
The ETPKI SDK stays under a dual license, i.e. both the conditions of the OpenSSL License and the original SSLeay license apply to the SDK. See below for the actual license texts. Actually both licenses are BSD-style Open Source licenses. In case of any license issues related to OpenSSL please contact openssl-core@openssl.org.
OpenSSL License
Copyright (c) 1998-1999 The OpenSSL Project. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
7.2.1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
7.2.2. 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.
7.2.3. 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 ”
7.2.4. 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 openssl-core@openssl.org.
7.2.5. 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.
7.2.6. 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)”
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.
This product includes cryptographic software written by Eric Young (eay@cryptsoft.com) . This product includes software written by Tim Hudson (tjh@cryptsoft.com).
7.3 Original SSLeay License
Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com) All rights reserved.
This package is an SSL implementation written by Eric Young <mailto:eay@cryptsoft.com>. The implementation was written so as to conform with Netscapes SSL.
This library is free for commercial and non-commercial use as long as the following conditions are aheared 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 <mailto:tjh@cryptsoft.com>.
Copyright remains Eric Young's, and as such any Copyright notices in the code are not to be removed. If this package is used in a product, Eric Young should be given attribution as the author of the parts of the library used. This can be in the form of a textual message at program startup or in documentation (online or textual) provided with the package.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
7.3.1. Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer.
7.3.2. 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.
7.3.3. All advertising materials mentioning features or use of this software must display the following acknowledgement: "This product includes cryptographic software written by Eric Young <mailto:eay@cryptsoft.com>" The word 'cryptographic' can be left out if the routines from the library being used are not cryptographic related.
7.3.4. 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 <mailto:tjh@cryptsoft.com>".
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.
The licence and distribution terms for any publically available version or derivative of this code cannot be changed. i.e. this code cannot simply be copied and put under another distribution licence [including the GNU Public Licence.]
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Copyright © 2013 CA.
All rights reserved.
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