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Non-commercial Version License agreement for SSH Secure Shell for Workstations 3.2 SSH Communications Security Corp SSH� Secure Shell(TM) License Agreement SSH COMMUNICATIONS SECURITY CORP ("SSH") IS WILLING TO LICENSE THE SSH SECURE SHELL FOR WORKSTATIONS 3.2 SOFTWARE AND ACCOMPANYING DOCUMENTATION (COLLECTIVELY, "SOFTWARE") UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS NON-COMMERCIAL VERSION LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THESE TERMS CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING OR USING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, SSH IS UNWILLING TO LICENSE THE SOFTWARE TO YOU ("YOU"), AND YOU SHOULD NOT INSTALL OR USE THE SOFTWARE. NON-COMMERCIAL VERSION LICENSE To qualify for a Non-Commercial Version License, You must: (1) use the Software solely on a system under the Linux, FreeBSD, NetBSD, or OpenBSD operating system (whether for commercial or non-commercial use), or (2) use the Software for non-commercial purposes as defined herein and be a Non- Commercial Entity as defined herein, or (3) be an University User as defined herein, or (4) be an Excluded Contractor as defined herein. The term "Non-Commercial Entity" is limited to the following: university or other educational institutions (such as pre-schools, elementary schools, middle or junior high schools, high schools, and community or junior colleges), non-profit organizations (such as public libraries, charities, and other organizations created for the promotion of social welfare), "University Users", and other individual users who use the Software for personal use (such as connecting to an Internet Service Provider for personal use, hobby, recreational, or educational purposes). The term "University Users" is limited to students, faculty members, researchers, administrators, support staff, and employees of a university when acting in this capacity. The term "Excluded Contractor" is limited to independent, solo contractors while performing work for a Non-Commercial Entity, such as a university or other educational institution in an individual capacity. If You qualify for a Non-Commercial Version License, You may use the Software free of charge. SSH reserves the right to further clarify the terms Non-Commercial Entity, University Users and Excluded Contractor at its sole determination. If You do not qualify for a Non-Commercial Version License, then You should discontinue the downloading or installation process and purchase a Commercial Use License or obtain an Evaluation License. GRANT OF LICENSE Provided that you qualify for a Non-Commercial Version License as specified above, and subject to the terms and conditions contained herein, SSH hereby grants You, an end user, a personal, non-transferable, non-exclusive, non- sublicensable license to install and use the Software, free of charge, for non-commercial purposes only, but if You are an Excluded Contractor (as defined above) or using the Software under Linux, FreeBSD, NetBSD, or OpenBSD operating systems for commercial and non-commercial purposes. In addition, subject to the terms and conditions contained herein and provided that You meet the requirement specified above for an Non-Commercial Version License, SSH hereby grants to You, an end user, a non-transferable, non- exclusive, non-sublicensable license, free of charge, to (1) modify and make derivative works (such as software patches, bug fixes, or the creation of additional features) to the Software, (2) to make copies of the Software as necessary to make such modifications and derivative works, all for non-commercial purposes only, but if You are an Excluded Contractor (as defined above) or using the Software under Linux, FreeBSD, NetBSD, or OpenBSD operating systems for commercial and non-commercial purposes, provided that You hereby grant to SSH a royalty-free, non- exclusive, irrevocable, worldwide, perpetual right to use, copy, modify, make derivative works of, market, sell, distribute, integrate, license and sublicense the modifications and derivative works that You create. In case You have multiple users for the Software within your Non-Commercial Entity You may obtain an academic site license from SSH at http://commerce.ssh.com. For the avoidance of doubt, the following are considered examples of commercial uses of the Software: (1) use at or for a commercial enterprise; (2) use for financial gain, personal or otherwise; (3) use by government agencies; (4) use by a telecommunication or Internet service provider company; (5) use at home or while traveling for work for which You will be paid; (6) use in connection with administering a commercial web site; (7) use in connection with the provision of professional service for which You are compensated (including paid system administration); (8) bundling or integrating the Software with any hardware product or another software product for commercial. SSH and/or its licensors reserve all rights not expressly granted to You herein. This license is not a sale of the Software or any copy of the Software. The Software contains valuable trade secrets of SSH and its licensors. All worldwide ownership of and all rights, titles and interests in and to the Software, and all copies and portions of the Software, including without limitation, all intellectual property rights therein and thereto, are and will remain exclusively with SSH. The Software is protected, among other ways, by the copyright laws of the United States and international copyright treaties. All rights not expressly granted herein are retained by SSH and its licensors. USE RESTRICTIONS You may not: (i) use the Software, except under the terms listed above; (ii) modify, translate, reverse engineer, decompile, disassemble or otherwise attempt to reconstruct or discover the source code from the binaries of the Software, except to the extent applicable laws specifically prohibit such restriction and except that You may create patches, bug fixes or additional features and bundle or distribute the Software with certain operation systems as specified above; (iii) create derivative works based on the Software (e.g. incorporating the Software in a commercial product or service without a proper license), except that You may create patches, bug fixes and additional features and bundle or distribute the Software with certain operating systems as specified above; (iv) copy the Software (except for making modifications and derivative works for non-commercial purposes as specified above); (v) rent, lease, sublicense, convey, distribute or otherwise transfer rights to the Software; (vi) remove any product identification, copyright, proprietary notices or labels from the Software; or (vii) use any SSH trademarks in any manner other than their presence within Your copy of the Software without written permission of SSH. Any and all copies made by You as permitted hereunder must contain all of the original Software's copyright, trademark and other proprietary notices and marks. MAINTENANCE, SUPPORT AND UPDATES SSH is under no obligation to maintain or support or update the Software in any way, or to provide updates or error corrections CONFIDENTIALITY The Software and any license authorization codes are confidential and proprietary information of SSH. You agree to take adequate steps to protect the Software and any license authorization codes, if any, from unauthorized disclosure or use. You agree that You will not disclose the Software, in source code or object code form, to any third party, except as otherwise provided herein. WARRANTY SSH EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITH