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COMODO TRUSTCONNECT™ SUBSCRIBER AGREEMENT

IMPORTANT — PLEASE READ THESE TERMS CAREFULLY BEFORE APPLYING FOR, ACCEPTING, OR USING COMODO TRUSTCONNECT. BY USING, APPLYING FOR, OR ACCEPTING THE COMODO TRUSTCONNECT SERVICES OR BY CLICKING ON “I ACCEPT” BELOW, YOU (THE “SUBSCRIBER”) ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO AND ACCEPT THE TERMS AS PESENTED HEREIN. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT APPLY FOR, ACCEPT, OR USE COMODO’S TRUSTCONNECT SERVICES AND CLICK “DECLINE” BELOW.

The terms and conditions set forth below constitute a binding agreement between you (the “Subscriber” or “you”) and Comodo CA Limited (“Comodo”), which has its principal place of business at 26 Office Village, 3rd Floor, Exchange Quay, Trafford Road, Salford, Manchester M5 3EQ, United Kingdom (the “Agreement”). Any failure to abide by this Agreement shall void Comodo’s obligations hereunder.

  1. Use of the Services
    2.

    1.1. License. Comodo grants to you a revocable, non-exclusive, non-transferable license to use the TrustConnect services, including any documentation, software, and website information accompanying it (the “Services”). The TrustConnect client software is a derivate work of OpenVPN and is licensed under the terms and conditions of the OpenVPN license which is attached to this Subscriber Agreement as Schedule A. All the provisions of the OpenVPN as found in Schedule A are incorporated herein and you agree to be bound by the terms and conditions set forth therein in regards to your use of the TrustConnect client software. The terms of the OpenVPN license shall NOT apply to the Services provided by Comodo in any manner. Instead, the terms of use of the Service are governed solely and completely by this Agreement and the Privacy Agreement referenced herein without inclusion of any terms and conditions set forth in Schedule A. Any rights in the Services not expressly granted in this Agreement are reserved by Comodo.

    1.2. Registration. In order to receive Comodo’s services, you must register for an account with Comodo. Subscriber shall provide full and accurate information in all electronic or hardcopy documents submitted to Comodo. This information must be promptly updated if any information changes or ceases to remain accurate. Failure to promptly update information shall be deemed a material breach of this Agreement.

    1.3. Account. The account shall be protected by a username and password which are confidential information. You are fully responsible for any activities that occur through your account. You must notify Comodo immediately if you suspect any unauthorized use of your account.

    1.4. Changes in Services. Comodo may modify the Services in its sole discretion without notice from Comodo.

  2. Subscriber Obligations
    3.

    2.1. Obligations. Subscriber shall:

    1. Be responsible for the compliance with all laws, regulations, and other restrictions on the distribution or use of the software, including the export laws of the United States;
    2. Be responsible of all equipment and services necessary to receive the Services;
    3. Maintain any confidential information disclosed by Comodo; and
    4. Pay all charges resulting associated its Account.

    2.2. Restrictions. Subscriber shall not:
    1. Use the Services to engage in any unlawful or prohibited activity;
    2. Use the Services to infringe on the intellectual property rights of a third party;
    3. Interfere or disrupt networks or third party users connected to the Services;
    4. Bypass or violate any policies and procedures of networks connected to the Services;
    5. Transmit any illegal, unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material through the Services
    6. Attempt to gain unauthorized access to other computer systems;
    7. Directly or indirectly, reproduce, sell, lease, rent, transfer, or exploit the Services; or
    8. Export the Services to any country under restrictions of the United Stated government, including Iran, Syria, Sudan, Libya, Rwanda, or North Korea.
    9. Represent that Comodo guarantees any of your products or services.


  3. Fees and Payment
    4.

    3.1. Subscriber shall pay all fees resulting from Services ordered under Subscriber’s account, regardless of any actual use of the Services. Prices for the Services are posted on the Comodo website at www.comodo.com/trustconnect. Comodo may revise its fees at any time by posting an amended fee schedule on the website. Continued use of the Services after an amendment constitutes Subscriber’s acceptance of the amendment.

    3.2. Fees must be paid in advance and are non-refundable. Monthly account billing starts at midnight on the first of every month. Payment must be made by the credit or debit card designated by the Subscriber during the account registration, and Subscriber authorizes Comodo to charge all fees to this credit card. Accounts designated as group invoice billing account must be approved by Comodo and will be invoiced on a monthly basis.

    3.3. Questions regarding fees and charges must be made to Comodo within thirty (30) days of such charge. Failure to use the account is not a basis for refusing to pay any charges. Billing corrections shall be made by providing a credit to Subscriber’s account for future monthly fees or for the purchases of service upgrades. Comodo may deactivate any account that has a disputed charge until Comodo, in its sole discretion, determines the dispute resolved.

    3.4. If a fee is rejected by your card issuer (or its agent or affiliate), Comodo may deactivate your account and prevent access to the Services until the fee has been successfully processed.


  4. Trial Accounts
    5.

    Trial accounts require the credit or debit card account information prior to activation. You authorize a $1.00 charge to your credit card account that will not actually be charged. By subscribing to a trial account, you agree to pay for the account at the service level selected by you at the time of your subscription. Unless you contact Comodo at trustconnectcancel@comodo.com to cancel your account before the end of the trial, your account will automatically be switched to a paid account at the end of the trial, and Comodo will begin to charge your credit or debit card account for the services.


  5. Confidentiality
    6.

    5.1. “Confidential Information” means all material, data, systems and other information concerning Comodo’s business operations that is not known to the general public, including (a) information about the software used to perform each parties’ respective obligations hereunder (such as personal identification numbers and passwords); and (b) information about the technical operations of any of the Comodo services and products offered hereunder. Neither party shall use any Confidential Information other than for the purpose of performing its obligations under the Agreement or as otherwise permitted pursuant to the Agreement. All uses of Confidential Information provided by Subscriber, except as otherwise provided herein, are subject to the Comodo privacy policy as set forth on the Comodo Repository. The reports generated by the Services are not Confidential Information.

    5.2. Each party shall ensure that any person to whom Confidential Information is disclosed by it complies with the restrictions set out in this section as if such person were a party to the Agreement.

    5.3. Notwithstanding the previous provisions of this section, either party may disclose Confidential Information if and to the extent required by law, for the purpose of any judicial proceedings or any securities exchange or regulatory or governmental body to which that party is subject, wherever situated, whether or not the requirement for information has the force of law, and if and to the extent the information has come into the public domain through no fault of that party. Should a party be required to disclose Confidential Information pursuant to this section, the party shall promptly give notice of such requirement to the other party prior to disclosing the Confidential Information.

    5.4. The restrictions contained in this section shall continue to apply to each party for the duration of the Agreement and for the period of 5 years following the termination of the Agreement.


  6. Privacy Policy
    7.

    6.1. Comodo’s use information provided by the Subscriber is governed by the terms of the Comodo privacy policy which is available at http://www.comodo.com/repository/css_privacy_agreement.html. Subscriber must periodically review this website, as Comodo may revise the privacy policy at any time.

    6.2. As a subscriber, you are given the opportunity to ‘opt-out’ of having information used for purposes not directly related to the Services ordered. This application notifies you that you may ‘opt out’ by emailing a clear notice to optout@comodo.com. By clicking on the “I ACCEPT” button below, you affirmatively consent to receiving, and will receive, marketing material.

    6.3. You expressly agree that Comodo may transfer information about you to the reseller who is providing the Services to you (if any), any law enforcement official, or any affiliate of Comodo.


  7. Intellectual Property Rights
    8.

    7.1. The Subscriber may not use the Comodo name, brand, trademarks, service marks, logos, or any other intellectual property in any way except with Comodo’s prior written consent.

    7.2. All right, title and interest in and to Comodo’s (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) registered and unregistered copyrights, including images, audiovisual displays, text, software, (collectively the “Comodo Intellectual Property Rights”) are owned by Comodo or its licensors.

    7.3. No title to the Comodo Intellectual Property Rights is transferred to Subscriber. If Subscriber creates a derivative work, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, or compilation, such derivative work shall be owned by Comodo. All right, title and interest in and to each such derivative work shall automatically vest in Comodo, and Comodo shall have no obligation to grant Subscriber any right in or to any such derivative work.


  8. Indemnification
    9.

    Subscriber shall defend, indemnify, and hold harmless Comodo, its officers, directors, employees, and agents from and against any claims, costs, damages, expenses, losses, legal proceedings, or other liabilities (including, without limitation, reasonable attorneys’ fees) which are brought or threatened against Comodo by any third party as a result of:

    1. Subscriber’s negligence or willful misconduct,
    2. false, inaccurate, or deceptive data associated with Subscriber’s account;
    3. Subscriber’s use of the Services,
    4. Subscriber’s breach of the Agreement, or
    5. Subscriber’s infringement of the intellectual property rights of a third party.

    When Comodo is threatened with suit or sued by a third party, Comodo may seek written assurances from you concerning your promise to indemnify Comodo. Failure to provide assurance is a material breach of this Agreement. Comodo shall have the right to participate in any defense by Subscriber of a third-party claim related to the Services, with counsel of Comodo’s choice at Subscriber’s expense. Subscriber must receive Comodo's prior written consent regarding any related settlement.


  9. Exclusion of Warranties
    10.

    9.1. The Services are provided over the Internet are subject to the operation of the Internet and telecommunications infrastructures as well as the operation of Subscriber’s Internet connection services, all of which are beyond the control of Comodo.

    9.2. TH SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. COMODO DOES NOT WARRANT THAT ANY PART OF THE SERVICES WILL (I) MEET SUBSCRIBER’S REQUIREMENTS, (II) BE FREE FROM INACCURACIES, MISTAKES, DELAYS, INTERRUPTIONS OR TYPOGRAPHICAL ERRORS, OR (III) CREATE A SECURE AND PRIVATE CONNECTION. SUBSCRIBER SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES.


  10. Term and Termination
    11.

    10.1. Term. The Agreement shall commence upon the activation of your account and shall continue perpetually until terminated by either the Subscriber or Comodo. Subscriber ‘s credit card shall be charged automatically for all fees owned for the Services using the debit or credit card provided during the registration process.

    10.2. Termination by Subscriber. Subscriber may terminate this Agreement at any time by sending notice of the cancellation to canceltrustconnect@comodo.com. Comodo is not responsible for cancellation emails sent to the wrong email address even if Comodo is aware of the email or cancel request. Your account will be terminated within 24 hours of Comodo’s receipt of your cancellation notice at the proper email address. If you are part way through a monthly billing cycle, the remaining days in that cycle are forfeited.

    10.3. Termination by Comodo. Comodo may terminate this Agreement in its sole discretion. Notice of the termination will be sent to the email address listed in the Subscriber’s account. Comodo is not liable for any damages that may result from termination carried out in accordance with this Agreement.

    10.4. Events Upon Termination. Subscriber shall immediately cease using the Services upon receiving notice of termination of this Agreement. Comodo will not reimburse or refund any unused credits, money, or time remaining in your subscription plan. Once canceled, Subscriber’s account will not be charged further fees unless outstanding charges exist on the account. Any outstanding charges will remain due and be charged to the provided credit or debit card automatically by Comodo. If the account is an approved group invoice billing account, a charge to your credit or debit card will be made for final payment.


  11. Limitation of Liability
    12.

    11.1. NEITHER COMODO NOR ITS LICENSORS OR AFFILAITES SHALL BE LIABLE TO THE SUBSCRIBER OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE RELATED OT THE USE OR INABILITY TO USE THE SERVICES. COMODO SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, OPPORTUNITIES, REVENUE, SAVINGS, GOODWILL, OR USE OR POSSESSION OF DATA, EVEN IF COMODO WAS AWARE OF THE POSSIBILITY OR THE EXISTANCE OF SUCH DAMAGES. COMODO DOES NOT GUARANTEE OR REPRESENT THAT THE SERVICES WILL MEET SUBSCRIBER’S NEEDS, REQUIREMENTS, OR EXPECTATIONS. THE LIMITATIONS ON LIABILITY PROVIDED HEREIN SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED UNDER THE LAW OF THE APPLICABLE JURISDICTION.

    11.2. COMODO SHALL NOT BE LIABLE TO THE SUBSCRIBER FOR ANY LOSS SUFFERED BY THE SUBSCRIBER DUE TO USE OF THE SERVICES OUTSIDE THE NORMAL AND INTENDED USE.

    11.3. To the extent that a jurisdiction does not allow the limitation of exclusion of liability for incidental or consequential damages, this exclusion may not apply to you. In such circumstances, Comodo’s liability shall be limited to a maximum of the minimum allowable liability in that jurisdiction.

    11.4. Except for indemnification and confidentiality obligations, neither party may bring any action, regardless of form, arising out of or relating to the Agreement more than one (1) year after the cause of action has occurred.


  12. Miscellaneous
    13.

    12.1. Arbitration. To the extent permitted by law, before you may begin arbitration with respect to a dispute involving any aspect of this Agreement, you shall notify Comodo, and any other party to the dispute for the purpose of seeking dispute resolution. If the dispute is not resolved within sixty (60) days after the initial notice, then a party may proceed in accordance with the following:

    1. Any unresolved dispute arising under the terms of this Agreement shall be decided by arbitration conducted through the services of the American Arbitration Association, hereinafter referred to as the “AAA.”
    2. Notice of demand for an arbitration hearing shall be in writing and properly served upon the parties to this Agreement. Arbitration hearings shall be held in New Jersey at a location mutually agreeable to the parties.
    3. There shall be one Arbitrator to hear the matter. The parties shall initially agree to a panel of 3 possible Arbitrators to hear the matter and each party shall have the opportunity to name one Arbitrator to be dropped from the panel until one remains. The party giving notice of the Arbitration demand shall be first to indicate its selection.
    4. All costs of the Arbitration and the AAA shall be borne equally by both parties to this agreement, regardless of the final decision. The defaulting party as determined by the Arbitrator, shall pay all other costs and expenses, including reasonable attorney’s fees, incurred by the party in enforcing its rights under this Agreement.

    12.2. Force Majeure. Neither party hereto shall be liable for any breach of its obligations hereunder resulting from any event not under the reasonable control of that party. The parties agree that the availability of the Internet and connections made through the Internet are not within the reasonable control of either party.

    12.3. Amendments. Except as otherwise provided herein, Comodo may revise the Agreement and/or these terms and conditions at any time in its sole discretion. Any revisions or change will be effective upon the earlier of the posting of the changes or revisions to the Comodo website (www.comodo.com) or upon notification to the Subscriber of the change. Subscriber shall periodically review the website in order to be aware of any changes. Subscriber may terminate the Agreement in accordance with Section 10 if Subscriber does not agree to any changes made. By continuing to use the Services, Subscriber accepts any changes made and will be bound by such changes.

    12.4. Waivers. The waiver by either party of a breach or default of any of the provisions of the Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.

    12.5. Notices. All notices shall be in writing and in English. Notices shall be made by first class mail, return receipt requested, sent to Comodo at 525 Washington Blvd., Suite 1400, Jersey City, NJ 07310. Notices to Subscriber shall be sent to the email address provided during the registration process.

    12.6. Severability. If any provision of the Agreement is determined to be invalid or unenforceable under any applicable statute or rule of law, then the provision shall be reformed to the minimum extent necessary to cause the provision to be valid and enforceable. If reformation is not possible, then the provision shall be deemed omitted and the balance of the Agreement shall remain valid and enforceable

    12.7. Survival. All provisions of the Agreement relating to confidentiality, proprietary rights, indemnification, and limitations of liability shall survive the termination of the Agreement. Some information collected by Comodo may be stored past the termination of this Agreement, and Comodo is under no obligation to remove any information provided or collected during the term of this Agreement.

    12.8. Entire Agreement. The Agreement and all other documents referred to herein shall constitute the entire agreement between the parties and shall supersede any other existing agreements between them, whether oral or written, with respect to the subject matter hereof.

    12.9. Assignment. The Subscriber may not assign or transfer any right or obligation under the Agreement without first obtaining Comodo’s written consent. Any assignment or transfer of rights or obligations shall be voidable in Comodo’s discretion. Comodo may assign this Agreement in its sole discretion.

    12.10. Governing Law and Jurisdiction. The Agreement shall be interpreted and construed under the laws of the state of New Jersey without regard to any conflicts of law principles. All claims or legal action must be commenced in the courts of the state of New Jersey and both parties agree to the venue of such courts.

    12.11. Rights of Third Parties. There are no third party beneficiaries under this Agreement.

    ACCEPTANCE

    BY CLICKING “I ACCEPT” BELOW, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU WILL COMPLY WITH THEM AS PRESENTED HEREIN. DO NOT CLICK THE “I ACCEPT” BUTTON IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT.

SCHEDULE A

OPENVPN LICENSE

OpenVPN (TM) -- An Open Source VPN daemon
Copyright (C) 2002-2005 OpenVPN Solutions LLC info@openvpn.net
This distribution contains multiple components, some of which fall under different licenses. By using OpenVPN or any of the bundled components enumerated below, you agree to be bound by the conditions of the license for each respective component.

OpenVPN trademark

"OpenVPN" is a trademark of OpenVPN Solutions LLC.

OpenVPN license:

OpenVPN is distributed under the GPL license version 2 (see Below). Special exception for linking OpenVPN with OpenSSL:

In addition, as a special exception, OpenVPN Solutions LLC gives permission to link the code of this program with the OpenSSL library (or with modified versions of OpenSSL that use the same license as OpenSSL), and distribute linked combinations including the two. You must obey the GNU General Public License in all respects for all of the code used other than OpenSSL. If you modify this file, you may extend this exception to your version of the file, but you are not obligated to do so. If you do not wish to do so, delete this exception statement from your version.

LZO license:

LZO is Copyright (C) Markus F.X.J. Oberhumer, and is licensed under the GPL.
Special exception for linking OpenVPN with both OpenSSL and LZO:

Hereby I grant a special exception to the OpenVPN project (http://openvpn.net/) to link the LZO library with the OpenSSL library (http://www.openssl.org). Markus F.X.J. Oberhumer

TAP-Win32 Driver license:

The TAP-Win32 driver is derived from the CIPE-Win32 kernel driver, Copyright (C) Damion K. Wilson, and is licensed under the GPL.

Windows DDK Samples:

The Windows binary distribution includes devcon.exe, a Microsoft DDK sample which is redistributed under the terms of the DDK EULA.

NSIS License:

Copyright (C) 2002-2003 Joost Verburg

This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.

Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:

1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
2. Altered versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any distribution.

OpenSSL License:

The OpenSSL toolkit stays under a dual license, i.e. both the conditions of the OpenSSL License and the original SSLeay license apply to the toolkit. 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.

Copyright (c) 1998-2003 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:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

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.

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/)"

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.

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.

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).

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 (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 (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:

1. Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer.
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.
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 (eay@cryptsoft.com)"
The word 'cryptographic' can be left out if the rouines from the library being used are not cryptographic related :-).
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 (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.]

GNU Public License (GPL)

OpenVPN, LZO, and the TAP-Win32 distributions are licensed under the GPL version 2 (see COPYRIGHT.GPL).

In the Windows binary distribution of OpenVPN, the GPL is reproduced below.

GNU GENERAL PUBLIC LICENSE

Version 2, June 1991

Copyright (C) 1989, 1991 Free Software Foundation, Inc. 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA

Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

Preamble

The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too.

When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.

To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.

For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.

We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.

Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.

Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.

The precise terms and conditions for copying, distribution and modification follow.

GNU GENERAL PUBLIC LICENSE

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".

Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.

1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.

You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:

a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.

b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.

c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)

These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.

In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.

If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.

4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.

6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.

It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.

This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.

8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.

NO WARRANTY

11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

END OF TERMS AND CONDITIONS

How to Apply These Terms to Your New Programs

If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.

To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found.

<one line to give the program's name and a brief idea of what it does.> Copyright (C) <year> <name of author>

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 as published by the Free Software Foundation.

This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.

You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA

Also add information on how to contact you by electronic and paper mail.

If the program is interactive, make it output a short notice like this when it starts in an interactive mode:

Gnomovision version 69, Copyright (C) year name of author Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'. This is free software, and you are welcome to redistribute it under certain conditions; type `show c' for details.

The hypothetical commands `show w' and `show c' should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than `show w' and `show c'; they could even be mouse-clicks or menu items--whatever suits your program.

You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the program, if necessary. Here is a sample; alter the names:

Yoyodyne, Inc., hereby disclaims all copyright interest in the program `Gnomovision' (which makes passes at compilers) written by James Hacker.

<signature of Ty Coon>, 1 April 1989 Ty Coon, President of Vice

This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Library General Public License instead of this License.

CAM v5.54.1.1729575980-6386cbd5897f