For: K2 – KeyAuditor & KeyServer (version 7.5)
Publisher: Sassafras Software, Inc.
THIS DOCUMENT IS A BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU, THE LICENSEE, AND SASSAFRAS SOFTWARE INC. (“SASSAFRAS”), THE LICENSOR. BY INSTALLING AND/OR USING THE SASSAFRAS “K2” KEYAUDITOR/KEYSERVER TOOLKIT (THE “SOFTWARE”), YOU AUTOMATICALLY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, USE OR ATTEMPT TO USE THE SOFTWARE.
If you do not agree with the terms of this agreement, you must delete/destroy all electronic or other copies of the Software, the Documentation, and the License Certificate for the software.
Important notice: This Software can install a means of usage control and logging for common Windows, Macintosh, and Unix programs. K2 components must not be installed where interference with the functionality of other software could constitute a hazard. This Software is supplied for lawful purposes. It is the obligation of the Licensee to ensure that the management policies configured in K2 are in full compliance with all governing copyright and privacy laws and are in conformance with all applicable license agreements. This Software is supplied for lawful purposes only and you are not permitted to use it in violation of State or Federal copyright or software license enforcement law.
The Sassafras “K2” KeyServer/KeyAuditor toolkit includes Documentation and numerous files and pieces of Software including but not limited to: KeyServer, KeyAuditor, KeyReporter, K2 License Certificate, KeyAccess, KeyConfigure, KeySentry, ksODBC, KeyCheckout, and KeyVerify (the “Software”).
1. Title. This license is not a sale of the Software or any copy thereof. Sassafras retains title and ownership of the Software recorded on the original media and all copies, regardless of the form or media on or in which the original or any copy may exist. Sassafras retains all rights in the Software and Documentation not specifically granted to the Licensee.
2. Copyright. The Software and any accompanying documentation or written materials (the “Documentation”) is copyrighted. Licensee may make copies of the Software for use subject to the restrictions specified in section “3” below and for backup purposes provided that Licensee does not modify the original or any copies or take any other action inconsistent with Sassafras’ ownership rights or interests. Other duplication or use of the Software or the Documentation is strictly prohibited under the United States copyright laws and international treaties.
3. Limited use license. Sassafras hereby grants to Licensee a nonexclusive license to use the Software and Documentation subject to the following limitations:
(a) The Software is licensed with a unique serial number and configuration parameters to support specific management services on a limited set of client computers. The unique serial number and configuration parameters are specified in the K2 License Certificate file (original file name: “server.lic”). Licensee may not alter the serial number or configuration parameters either in the disk or memory image of the Software or take any other action inconsistent with the limited and specific rights granted by this License and the K2 License Certificate.
(b) The K2 License Certificate file is authorized for use on one single computer in order to enable the Software component titled “KeyServer” to run with its unique serial number and configuration parameters. This one KeyServer installation enabled by the K2 License Certificate is Licensee’s “One KeyServer”. Licensee may not make copies of the K2 License Certificate except for backup purposes. It is the obligation of Licensee to protect the K2 License Certificate from duplication or theft, from unauthorized use, and from installation and/or use on more than one single computer.
(c) The software provides a means of creating a “KeyShadow License Certificate” file based on the K2 License Certificate. A KeyShadow License Certificate file is authorized for use on multiple computers in order to enable the KeyServer Software component to run as a redundant “shadow” process. Licensee may make copies of the KeyShadow License Certificate only as necessary to enable shadow service for the One KeyServer. Although the Software component titled “KeyServer” may be installed and used on multiple computers with a “KeyShadow License Certificate”, only one single installation may be enabled with the K2 License Certificate as specified in section “3.(b)” above.
(d) The client Software components titled “KeyAccess”, “KeyVerify”, “KeyCheckout”, and the associated Documentation may be duplicated and installed on all computers (virtual or physical) owned or managed by the Licensee. Activation on some number of these client installations is initiated by a connection to the “One KeyServer”. The specific limits and services activated on client computers will depend on the configuration parameters specified in the K2 License Certificate.
(e) The Software components titled “KeyConfigure”, “KeyReporter”, “KSRViewer” and “ksODBC” may be installed on one or more computers as required to facilitate the administration and report generation for the One KeyServer.
(f) The Software component titled “KeyMonitor” may be duplicated and used as required to facilitate the monitoring of the One KeyServer.
(g) Licensee may not modify, transfer, reverse engineer, decompile, create derivative works, adapt, port, translate, or create other works from, or disassemble the Software. Similarly, Licensee may not copy, modify, adapt, translate, transfer, or create derivative or other works based upon the Documentation or take any other action inconsistent with Sassafras’ ownership rights or interests
4. Transfer. Licensee shall not transfer, convey, rent, sub-license, transmit, provide access, furnish, provide or otherwise distribute the Software or Documentation, or any right therein to any person or entity other than the person or entity to which the Software was licensed and any attempt to do so shall cause this Agreement and the license and other rights granted hereunder to terminate immediately and become void without further notice.
5. Term. This Agreement and the license hereunder is effective unless and until terminated. Upon receipt by Licensor or its authorized agents of full payment(s) for the Software License, Licensee is hereby granted a nonexclusive license to use the Software unless this License is terminated by Sassafras. This License is either issued as a perpetual (non-expiring) license or as a term-limited license, depending on the specific features and license terms stipulated on the invoice and/or as embodied in the associated K2 License Certificate.
6. Termination. This License will be terminated by Sassafras upon 30 days written notice in the event the Licensee fails to comply with any term or condition hereof and fails to rectify such noncompliance within 30 days from notice. Upon any termination, Licensee will destroy or return to Sassafras, at Licensee’s expense, the Software and Documentation and destroy all copies thereof whether or not the copying was authorized.
7. Hazards. The Software is not designed, manufactured or intended for use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control systems, life support systems, weapons systems, or any other uses in which failure of the Software or any incompatibility with other hardware or software could lead to death, personal injury, or severe physical or environmental damage. The Licensee agrees not to install the software on any such systems or in any such environments.
8. Limited warranty and disclaimer of liability. Sassafras warrants that the Software will function substantially in accordance with the specifications and Documentation included with the Software as embodied in the CD image delivered and/or the download made available at the time of purchase. Sassafras also warrants that it will undertake to fix any discovered defects or errors once they have been properly reported to their technical representative(s). Sassafras makes no other warranties, either express or implied, with respect to the Software or Documentation, its quality, performance, merchantability, or fitness for any particular purpose. Sassafras cannot guarantee Licensee uninterrupted service or the correction of any errors. In no event will Sassafras, or anyone involved with the creation, production or delivery of the Software, be liable for direct, indirect, incidental, or consequential damages arising out of this Agreement including the use of, or inability to use the Software even if Sassafras has been advised of the possibility of such damages. Because some states or governments do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to Licensee. Sassafras’ liability for any damage to Licensee or any party in the event that any of the above limitations are held unenforceable shall not exceed the license fee paid, regardless of the form of any claim.
9. Miscellaneous. The validity and performance of this Agreement shall be governed by New Hampshire State law, except as to patents, copyrights and trademarks that are governed by the United States laws and international treaties. The Software is supplied for lawful purposes only and Licensee is not permitted to use it in violation of Federal copyright law or State software license enforcement law. This is the only and entire Agreement between Licensee and Sassafras regarding the subject matter and it can not and shall not be modified by purchase orders, advertising, or other representations by anyone, unless a written amendment has been signed by a Sassafras Software Inc. corporate officer. This Agreement shall inure to the benefit of Sassafras and Licensee, their successors and permitted assigns.