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Get & buy NCP Secure Entry CE Client 2.35.108

NCP Secure Entry CE Client for IPSec VPNs

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NCP Secure Entry CE Client categories

Remote Access, WindowsCE 7, IPsec, IPsec Client, Mobile Computing, Secure WLAN, Teleworking, VPN Cisco, Mobile Security, Virtual Private Network, NCP, Secure Hotspot

End user agreement for NCP Secure Entry CE Client

NCP engineering Software License AgreementThe terms of the License for use by you, the end user (referred to hereinafter as 'the Licensee') of NCP software are set out below. By reading and accepting this notice, you agree to these terms and conditions, so please read the text below carefully and completely. If you do not accept the terms of this agreement, you cannot use or install the software.Terms of agreement 1. Subject of the Agreement The subject of this agreement (hereinafter also referred to as this "Agreement") is the software supplied in file form (referred to hereinafter as the "Software", including the programme description and other related written materials (hereinafter the "Documentation"). 2. Scope of Rights of Use 2.1NCP grants the Licensee a simple, non-exclusive, non-sublicensable, perpetual right to install and use the Software on a single computer (also referred to hereinafter as 'the License'). Where this single computer is a multi-user system (i.e. a computer serving more than one working station, hereinafter also referred to as "clients"), this License extends to all users of that multi-user system. Any additional use requires NCP's prior written consent.2.2 The Licensee may not:Copy the Software from one computer to another via a network or other data transmission channels except within the frame of a multi-user systems within the meaning of Section 2.1;reverse engineer, decompile, disassemble or otherwise modify the Software, or attempt or allow a third party to do so, except as permitted under the provisions of mandatory copyright law (Section 69 e of the German Copyright Act);Produce program derivatives from the Software, create copies beyond the limits strictly required under mandatory law, or beyond or reproduce the Documentation.2.3 NCP reserves all rights in the Software which NCP does not explicitly grant to the Licensee under this Agreement. In particular, but without limitation to the following, NCP reserves all rights of publication, copying and reproduction (to the extent this Agreement does not explicitly provide otherwise and to the extent the Licensee does not have a right to copy the Software under applicable mandatory copyright law provisions), as well as to make modifications to the Software.2.4 NCP is authorized to control the Licensee's observance of the license terms set forth in Sections 2.1 and 2.2 by way of an audit to be carried out by an independent auditor not more than once a year during regular business hours and with reasonable prior notice. In the event that the audit reveals an excess of numerical license restrictions by 5% or more, or in case that the Licensee is in breach of the license restrictions under Sections 2.1. or 2.2 in any other form, the Licensee shall bear the costs of the audit.3. Copying The Software and the Documentation are protected by copyright. To the extent the Software is provided without a technical protection against copying, the Licensee may make a single spare copy for backup purposes only. That spare copy must be marked as the copyright of NCP or include a notice to that effect therein. Copyright notices already present in the Software and any registration numbers contained therein may not be removed. Other than to the extent expressly permitted by provisions of mandatory law, the Licensee is expressly prohibited from copying or otherwise reproducing the Software or Documentation in whole or in part, in their original or amended form or as combined with or integrated into other software programmes.4. Transfer of Rights of Use The Licensee may transfer the rights of use in the Software to a third party only in their entirety and only subject to a complete and final de-installation and termination of any own usage of the Software and further subject to the Licensee handing over all copies of the Software and the Documentation in his possession, provided that such third party must bindingly commit towards the Licensee to abide to the license terms set forth in this Agreement. Any partial or temporary transfer of the Software to a third party against remuneration, in particular by way of any rental or leasing arrangement is expressly prohibited, unless with the express prior written consent of NCP.5. Duration of this Agreement This Agreement applies for an unlimited period. The Licensee's right to use the Software shall terminate automatically without need for notice, however, if the Licensee breaches any of the terms set forth in Sections 2. or 3. of this Agreement, or in case the purchase agreement underlying the grant of License under this Agreement is or becomes void. On termination of the License, the Licensee must deinstall the Software and destroy the Software as well as any copies thereof, including any amended versions of the Software and the Documentation, and confirm the same in writing upon NCP's request.6. Damages in the event of breach of contract NCP advises you that you as the Licensee are liable for any damages caused to NCP based on breach of copyright as a result of you breaching this Agreement.7. Liability for material defects and third party right infringements 7.1 NCP shall be liable for material defects and third party rights infringements resulting from the Software (collectively "Defects") in accordance with the following provisions, unless otherwise provided in Section 8 (Third Party Rights).7.2 The Licensee understands and accepts that in accordance with the present state of the art it is impossible to develop computer programmes, in particular those which are combined with other programmes or systems, in a manner so that they work entirely free of errors. Under the current state of the art it is not possible to warrant that the Software will operate free of interruptions or deficiencies, nor to warrant the complete removal of any Defects in the Software. The contractually agreed characteristics of the Software (i.e. the measurement criteria for the suitability, operability and dedicated usability) is therefore exclusively determined and set forth in the NCP data sheet as related to and delivered along with the Software. Only substantial deviations from the respective NCP data sheet which result in a limitation of the functionalities described therein shall qualify as a Defect. Individual requirements of the Licensee shall only be deemed as part of the contractually agreed characteristics of the Software, in case and to the extent the parties have defined such characteristics expressly in writing in a jointly developed solutions design document. 7.3 Any liability of NCP for Defects under this provision requires that the Licensee has notified NCP of the Defect concerned without delay in writing and during the limitation period. In case of such written notification of a Defect, NCP shall have the right to make two attempts to remedy the Defect following reasonable remedy periods in each case, and for that purpose and at NCP's discretion to either repair the Defect or deliver a replacement solution. To the extent reasonably acceptable for the Licensee, NCP shall further have the right to remedy the Defect by providing a work around solution. The Licensee shall provide NCP with all reasonable assistance in remedying the Defect, including, in particular, that Licensee shall send in the Software (as in usage at the time the Defect occurred) upon NCP's request and to provide computing capacity as well as to install corrections or replacement solutions as provided by NCP. In case NCP's efforts to remedy the Defect should fail after a second attempt within a reasonable period of time, the Licensee shall have the right to rebate the remuneration paid or payable for the license key(s) of the Software concerned, or, following a final written warning, to rescind from the order of the license key(s) concerned. Any eventual claims for damages by the Licensee shall remain unaffected, provided that NCP's liability in this respect shall be exclusively governed by Section 9 (Liability). The Licensee agrees and acknowledges that NCP has successfully remedied a Defect within the meaning of this Section 7.3 in the event that NCP either (i) brings out and makes available to the Licensee within two (2) months following the Licensee's notification of the Defect a new version of the Software, in which the Defect concerned is remedied, or (ii) in case NCP does not make available such new version, if NCP remedies the Defect in accordance with the modalities set forth in this Section 7.3 sentences 1-5 concerned within three (3) months following the notification of the Defect by the Licensee or by providing a replacement or a work around solution. 7.4 Any claims for Defects are subject to a limitation period of 12 months from the beginning of the limitation period under statutory law. To the extent NCP intentionally conceals a Defect or has assumed an express guarantee for the characteristics of the Software, the statutory provisions of statute of limitation shall apply without alteration. 7.5 The parties agree that any guarantee shall require an express written agreement in which the guarantee explicitly identified as a "Guarantee". 7.6 To the extent any actual occurrence of problems is the result of third party software products or of the hardware used by the Licensee, rather than of the Software made available by NCP, the Licensee shall have no warranty claims against NCP with view to such problems. Correspondingly, the same shall apply to the extent the Licensee has used the Software in breach of the provisions of this Agreement or to the extent the Licensee or a third party acting on his behalf has made changes or modifications to the Software, or in the event of insubstantial deviations from the contractually agreed characteristics of the Software.8. Third Party RightsIn the event a third party makes a claim against the Licensee based on an infringement of copyrights or other intellectual property rights in the Software, the Licensee shall immediately inform NCP hereof. Subject to the limitations of liability set forth in Section 9 (Liability) and only within the limitation period applying for Defects, NCP shall hold harmless and indemnify the Licensee for any justified third party claims. 9. Liability9.1 Subject to the provisions in Section 9.2, NCP's statutory liability for damages shall be limited as follows:(i) NCP shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the contract in respect of damages caused by a slightly negligent breach of a material contractual obligation (i.e. duties whose non-fulfilment would endanger the purpose of this Agreement);(ii) NCP shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation.9.2 The aforesaid limitation of liability shall not apply to any mandatory statutory liability (in particular to liability under the German Product Liability Act), liability for assuming a specific guarantee or liability for damages caused by wilful or gross negligent misconduct, or any kind of wilfully or negligently caused personal injuries.9.3Licensee shall take all reasonable measures to mitigate or to avoid damages, including, in particular, an obligation for the Licensee to make back-up copies of data on a regular basis and to carry out security checks (in particular as a precautionary measure against respectively for the purpose of detecting visors and other disruptive programmes).9.4 NCP shall not be liable for indirect and/or consequential damages, independent of its legal basis, in particular including loss of profit and loss of interest, unless in cases of wilful misconduct or gross negligence. 9.5 To the extent NCP's liability is limited or excluded, the same shall apply in respect of any personal liability of its legal representatives, employees and vicarious agents.10. Update and new versions of the Software NCP's providing of updates or new versions of the Software is subject to NCP's entire discretion (in particular with view to the timing of the same). 11. Data protection By ordering the license key(s) the Licensee expressly acknowledges that any personal data made available in the context of the online-offline-activation shall be processed and used by NCP exclusively for internal purposes of NCP in respect of fulfilling the terms of this Agreement-12. Final clauses12.1 This Agreement shall be governed by the laws of Germany with the exception of the United Nations Convention on the International Sale of Goods (CISG). The courts of Nuremberg, Germany, shall have exclusive jurisdiction for any disputes arising from or in connection with this Agreement. However, NCP may institute legal proceedings against the Licensee also in any other court having proper jurisdiction over the Licensee.12.2 Any amendments or additions to this Agreement shall be made in writing. 12.3 Any deviating general terms and conditions, including those which may be contained for instance in an order or delivery confirmation of the Licensee, shall not apply if not agreed upon otherwise by the parties in written form.12.4 In case any provision of this Agreement is or will be held invalid or unenforceable or if this Agreement is incomplete, the remainder of this Agreement shall continue in full force and effect.This product contains Software of the OpenSSL Project. (http:OpenSSL.org/)This product contains cryptographic Software created by Eric Young (eay@cryptsoft.com)This product contains Software created by Tim Hudson (tjh@cryptsoft.com)