LICENSE AGREEMENT OF THE USER OF THE
'CryptoTerm'
SOFTWARE PACKAGE


THIS LICENSE AGREEMENT CONTAINS THE TERMS AGREED BETWEEN YOU - THE PROGRAM USER (AS A LICENSEE), HEREAFTER REFERRED TO AS 'THE USER ', AND 'JT-SOFT' S.C. (LICENSOR), HEREAFTER REFERRED TO AS “THE DEVELOPER”.

IF YOU ARE INSTALLING THE PROGRAM ON THE COMPUTER WHICH IS NOT OWNED BY YOU, YOU CERTIFY THAT YOU ARE AUTHORIZED TO INSTALL THE PROGRAM AND ACCEPT THAT THE TERMS SPECIFIED IN THIS AGREEMENT ARE BINDING BOTH FOR YOURSELF AND FOR THE COMPUTER OWNER.

USING THIS PROGRAM AS AN ENTIRE PACKAGE OR AS ITS PART IS ALLOWED ONLY AND EXCLUSIVELY UNDER THE RULES SPECIFIED IN THIS LICENSE AGREEMENT OR IN ANY SEPARATE AGREEMENT SIGNED DIRECTLY WITH THE LICENSOR.

BEFORE YOU START TO USE THE PROGRAM YOU SHOULD CAREFULLY READ THE CONTENT OF THIS LICENSE AGREEMENT, AND ACCEPT IT AFTERWARDS (BY SELECTING THE OPTION “I ACCEPT THE TERMS OF THE LICENSE AGREEMENT”, VISIBLE UNDER THE AGREEMENT CONTENT).

IRRESPECTIVE OF THE ABOVE CLAUSE, INSTALLATION, MULTIPLICATION, DISTRIBUTION OR OTHER USE OF THE PROGRAM IS DEEMED TO MEAN THE USER’S ACCEPTANCE OF THE PROVISIONS OF THIS AGREEMENT. THE LICENSE AGREEMENT REMAINS VALID AND BINDING THROUGHOUT ALL THE TIME OF USING THE PROGRAM.

IN CASE YOU DO NOT ACCEPT ALL THE PROVISIONS OF THIS AGREEMENT YOU SHOULD GIVE UP THE INSTALLATION, MULTIPLICATION, DISTRIBUTION OR ANY OTHER USE OF THE PROGRAM, MOREOVER YOU SHOULD REMOVE ANY AND ALL ITS COMPONENTS STORED IN THE COMPUTER DISK OR ON ANY OTHER USER’S DATA CARRIER.


Definitions:

1. PRODUCT: computer programs included in the CryptoTerm package (terminal emulator, FTP client and batch FTP client) including dynamic libraries and configuration files, scripts, documentation and this License Agreement.
2. INSTALLATION VERSION: installation version of the Product, made accessible by the Developer, signed with a certificate unambiguously identifying the Developer, intended to install the Product.
3. WORKSTATION: a computer or a computer emulator, on which the Program is being run. In case of the “terminal - server” technology it means a constant, unambiguously defined end user.
4. REGISTRATION CODE: A set of data enabling to register the Product.

I. SUBJECT OF THE LICENSE
The subject of the license is the Product.

II. PROPRIETARY RIGHTS
The Product is licensed, it is not sold.
The sole proprietor of the Product and the copyrights related to it is the Developer. Any copyright to the Product belong exclusively to the Developer. The Product for which the User gets the license is protected by the copyright law, and international treaties on intellectual property protection. The Developer reserves any and all the rights to the Product not described in this License Agreement.

III. CONCLUDING AGREEMENT
The License Agreement becomes concluded by accepting this license agreement, installation, multiplication by means of any technology, distribution or any use of the Product.

Installing or using the Product when infringing the terms and conditions specified in this Agreement constitutes a breach of the law and results in civil and criminal responsibility of the infringer.

IV. USER’S RIGHTS

The user is entitled to:

1. Distribute and multiply the Installation Version by means of any media.

2. The Developer authorizes the user being a natural person to install the Product and grants a nonexclusive and nontransferable, time limited license for free of charge Product usage only and exclusively for his/her own private use, bringing directly or indirectly no profit, on his/her home computer.
It means in particular no possibility to use the Product:
- for any commercial purposes,
- in business activity,
- in any activity bringing directly or indirectly profits,
- in the state administration bodies,
- in non-profit organizations,
- in non-governmental organizations,
- public benefit organizations,
- schools,
- army
- etc.
A home computer is a unit purchased for private use of natural persons that does not constitute an element of a property of an enterprise or of on organization, not being used for the needs of any enterprise or organization. The time limit to use the Product is defined on the installation program 'Summary'.

Selection of such a licensing method is done by selecting the option: “Freeware for private, non-commercial use” in the window “Installation type” of the Product installer.

3. In order to check the usefulness of the Product, the developer authorizes the User to install the Product and grants the User a nonexclusive and nontransferable license for free of charge usage of the Product in unregistered form for any number of workstations for thirty days following the installation date.
Such method of licensing may be used for commercial purposes.
Selection of such a licensing method is done by selecting the option: “Shareware version” in the window “Installation type” of the Product installer.

4. Having received the Registration Code from the Developer, the Developer authorized the User to install the Product and grants a nonexclusive and nontransferable license to use the Product on such a number or workstations which is specified in the Registration Code received. The number of the workstations determines the number of the software installations, and not the number of the Users, who may use the Product at the same time.
Such method of licensing may be used for commercial purposes.
Selection of such a licensing method is done by selecting the option: “Registered version” in the window “Installation type” of the Product installer.

V. RESTRICTIONS

The user is not authorized to:

1. Disassemble, decompile and process the Product code and to use any of its part for other purposes that it is presented in the documentation attached hereto,

2. Lend, make available, transfer, multiply, lease and grant license to use the Product or any part of it without the Developer’s written consent,

3. Introduce any changes to the Product except for the procedures described in the Product documentation,

4. Making the Registration Codes available in any form without the Developer’s written consent is prohibited,

5. The product may be distributed and multiplied - under the rules specified in this Agreement - exclusively in the Installation Version, in such a form in which it has been made available by the Developer. The distribution and multiplication of the Product in its incomplete form, supplementing the Product with additional components and distribution or multiplication including the Registration Code is prohibited,

6. It is prohibited to make the Installation Version available against paying additional fees in favor of the party who makes it available, transferring the costs of making the Product available and generating profits thereof.

7. It is prohibited to install, multiply by means of any technology, distribute or use otherwise a registered Product by other the user than the one indicated in the Registration Card.

VI. PRECLUSION OF LIABILITY

The Developer does not guarantee that the Product shall meet the User’s expectations, nor that the Product is free of any defects or faults. In no case the developer is responsible for any results of using or impossibility to use the Product, including the direct losses, and what more important for any loss of the User’s profits or incomes, breaks in the company’s performance, loss of data, damage to the equipment, etc.

In no case the Developer shall be held responsible for any damages related directly or indirectly with the Product usage.


In each case a possible Developer’s responsibility shall not exceed the value of getting the right to use the Product.

In case of the “Freeware for private, non-commercial use” version and “Shareware version”, the Product is not a subject to any guarantees.

VII. FINAL PROVISIONS

In case of the “Shareware version”, after the period of thirty days following the Product installation date, its further usage is authorized exclusively after paying the license fees in favor of the Developer and after the User’s receipt of the Registration Code from the Developer. In case when the User does not make the Product registration, he/she is obliged to cease using the Product and to remove the Product from all the computers, on which the Product has been installed.

The competent jurisdiction for this Agreement is the law of the Republic of Poland. Any possible disputes between the parties shall be resolved by the court competent for the Developer’s registered place of business. For the matters not provided for with the stipulations of this Agreement, the relevant regulations of the Civil Code and the Copyright and Related Laws shall be applicable.

The User shall lose all his/her rights resulting from this License Agreement in case of lack of fulfillment or violation of any of the provisions of this Agreement.


DEVELOPER

JT-Soft s.c.
www.cryptoterm.com