» version 2.05 - posted on 2010-02-09
» version 1.55 - posted on 2009-04-19
German Web Security UG END-USER LICENSE AGREEMENT
APRIL 22, 2007
German Web Security UG LICENSE AND SUPPORT AGREEMENT THIS IS A LEGAL BINDING AGREEMENT. PLEASE READ IT CAREFULLY.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.
In June 2007, the German parliament passed changes to the computer crime laws, including §202c StGB, which states (unapproved translation):
Whoever prepares a crime according to §202a or §202b and who creates, obtains or provides access to, sells, yields, distributes or otherwise allows access to
* passwords or other access codes, that allow access to data or
* computer programs whose aim is to commit a crime
will be punished with up to one year jail or a fine.
Additionally, this new section is interwoven with other laws, including the ones covering terrorism. The current interpretation includes the acceptance of others committing a crime using material as violation of §202c.
Maui Security Scanner is legal according to §202a, §202b and §202c! Maui Security Scanner is a web application security test application for IT security experts and academia and NOT a hackers toolbox! It is NOT thought to enforce any illegal actions but thought to train the development of secure software and to hackproof web applications. It is meant for testing and hackproofing purposes. It is NOT meant to enforce any illegal actions. UBy downloading and using Maui Security Scanner you agree to stay legal!
This End-User License Agreement ("EULA") pertains to all software ("Software") developed and sold by German Web Security. made available by electronic download, in any package containing CD-ROMs, diskettes, associated media, printed materials or electronic documentation. Read the terms and conditions of this EULA before installing, copying, or otherwise using Software. This EULA is a legal agreement between you, either individual or entity, ("Customer" or "you"), and German Web Security UG a German corporation. By clicking "I agree," installing, copying, or otherwise using any part of the Software or any associated media, any printed materials, or any on-line or electronic documentation, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, promptly return the Software to your supplier within the first 30 days for a full refund. You may be asked to certify your removal of the Software when asking for a refund due to the EULA.
Software shall be defined as the computer program electronically obtained and/or contained in the disks or CD ROMs in this package, together with any updates subsequently provided by German Web Security UG. Server Software shall be defined specifically as Software that is accessed or connected to by other Software via TCP/IP or other transport protocols. Server Software includes but is not limited to, German Web Security UG Server. Documentation shall be defined as all printed materials provided in this package or later supplied by German Web Security UG. Media shall be defined as computer diskettes, CD ROMs and any other such magnetic media containing Software. Service shall be defined as any technical or non-technical service provided by German Web Security UG, including but not limited to providing technical support in person, by telephone, or via any form of electronic correspondence. Copies shall be defined as actual copies of all or any portion of Software and shall include updates and backups of Software. Licensee shall be defined as person, corporation or entity that has purchased Software or Service Developed Software shall be defined as software programs applications or web services developed using, and/or containing, and/or distributed with, Software by Licensee. User shall be defined as any person that creates Developed Software.
German Web Security UG agrees to grant the User a non-exclusive and non-transferable license to use the Software sold to Licensee for a limited duration. The rights granted herein are limited to use of the Software, Software Copies and Documentation as defined within this EULA. All rights not specifically granted in this EULA are reserved by German Web Security UG. The Software is protected by copyright and other intellectual property laws and treaties. German Web Security UG or its suppliers own the title, copyright, and other intellectual property rights in the Product. The Software is licensed, not sold.
2.1 Source Editions of Software
The Source Edition of Software includes 1 full Retail Subscription license for the duration of the Source Edition license. This is not a site license.
3. PERMITTED USES
Licensee may use the Software in the following ways: load the Software into RAM and use it on a single work station or terminal; install the Software onto a permanent storage device - a hard or fixed disk drive; make copies of the Software for backup purposes only and the Licensee must keep possession of them at all times.
3.1 Retail Editions of Software
Licensee may freely distribute Developed Software, however, no portion of the Software source code in whole or in part, nor decompiled Software, nor documentation, may be redistributed without prior written consent from German Web Security UG, as outlined under Section 5: Deployment and Distribution.
3.2 Trial Editions of Software
Licensee may allow a reasonable number of additional individuals within Licensee’s organization to install Developed Software solely for the purpose of testing or publicly demonstrating Developed Software. Separate licenses for each individual that uses Developed Software for testing or demonstration purposes is not required.
3.3 Source Editions of Software
Licensee may freely distribute Developed Software, however, no portion of the Software source code in whole or in part, nor decompiled Software, nor documentation, may be redistributed without prior written consent from German Web Security UG, as outlined under Section 5: Deployment and Distribution. All Software source code is to be treated as company confidential material. Source Editions are subject to all deployment restrictions as any Retail Edition license. The Source Edition includes a single developer full Retail Edition license.
4. PROHIBITED USES
Licensee may not: share the Software on any computer network including a local area network (LAN), Intranet or Internet; distribute copies of Software or Documentation; under any circumstances attempt to rewrite, decompile, disassemble or reverse-engineer any of the Software or Software Copies; reproduce, transfer, transcribe, store in a retrieval system or translate into any language the Documentation in any form by any means without the written consent German Web Security UG. You may not disclose the results of any benchmark test related to data access or data manipulation using Software to any third party, including but not limited to posting results on the web, without German Web Security UG's prior written approval.
4.1 Retail Editions of Software
Licensee may not: distribute Developed Software source code (your code) in whole or in part without acquiring additional licenses of Retail Editions of Software for each copy of Developed Software distributed, if Developed Software source code relies on Software for compilation or runtime execution.
4.2 Trial Editions of Software
Licensee may not develop or create applications or web services in whole or in part, for commercial, shareware, freeware or government use.
4.3 Source Editions of Software
Licensee may not distribute Software source code in whole or in part. Licensee may not incorporate any GPL or LGPL (or any other similar license) within the Software source code. Doing so will expose the Software source code to the viral effect of forcing release of the code, and you will be held responsible for damages to German Web Security UG.
5. DEPLOYMENT AND DISTRIBUTION
5.1 Retail Editions of Software
Developed Software designed for use by non-programmers that includes non-Trial Editions of Software binary files only may be freely distributed and require no additional licensing. Distribution of Developed Software that includes Software source code in whole or in part, requires each end-user of Developed Software own a copy of Software. Users of Developed Software may not re-distribute Software without owning a non-Retail Edition license of Software. Any licensed developer may distribute the Data Migration Wizard freely with their application and run it in either silent or GUI mode.
5.2 Trial Editions of Software
Trial versions of Software are intended for personal use only and any software developed using Trial Editions may not be distributed, or hosted on web servers not owned directly by User. Distributing software binaries or source code in whole or in part, for purposes other than limited demonstration or testing, requires User to own license of Retail Edition of Software and then abide by sections of this EULA marked as Retail Editions of Software.
5.3 Source Editions of Software
The Source of Software may not be license, sold, rented or distributed to any third party without prior written consent from German Web Security UG. This includes consulting agreements where Licensee must deliver source of third party controls. Licensee must obtain a separate license for each client who shall receive copies of the Source Edition, and file a Non Disclosure Agreement with German Web Security UG showing Licensee and client are mutually bound for confidentiality. All disclosure of Source for Software to a third party must include this EULA license as a term of the license. The third party must agree to hold German Web Security UG intellectual property as company confidential and ensure it’s protection.
6. NON COMPETE
Licensee may not use Software to create products, technologies, software applications, web services in whole or in part, that directly compete with any German Web Security UG product or technology. Competes is defined as creating or distributing software or services that provide similar or same functionality as any Software or technology developed by German Web Security UG. German Web Security UG reserves the right to revoke all rights and license privileges of Licensee immediately upon any such infringement. Upon notice of infringement, Licensee agrees to immediately destroy all copies of Software and remove Software and references to Software from all products, technologies and software applications.
7. SERVER SOFTWARE
Server Software may be used by Licensee and by Licensee applications and software only. Re-distribution and/or use of Server Software by anyone other than Licensee or by any software other than wholly-owned Licensee software and applications, is absolutely forbidden. Forbidden uses include but are not limited to, distributing any form of software that connects to Server Software that is not owned by Licensee. Remedy includes but is not limited to, Licensee purchasing one license of Server Software directly from German Web Security UG for each infringement within 24 hours of notice based on current pricing listed on the German Web Security UG website.
German Web Security UG reserves the right to terminate customer support plans without cause and without warning. Support plans are sold on an as-is basis and all sales are final and non-refundable. Purchasing a support plan does not guarantee Software fixes and/or updates. Abuse of support privileges, including, but not limited to, frequent contact, frivolous contact, rude behavior and/or customer incompetence, harassment, failure to follow instructions, may result in the immediate termination of support plans without refund.
9. UPDATES AND REVISIONS
German Web Security UG reserves the right to modify, and/or enhance Software and/or Documentation without obligation to notify any person or organization of such changes. Licensee is responsible for making a backup copy of the Software. German Web Security UG may remove any specific build at any time, at its own discretion. Downloads are not archived by German Web Security UG.
9.1 Retail Subscribers
Subscribers have access to download development and experimental builds of software at German Web Security UG’s sole discretion.
9.2 Source Subscribers
German Web Security UG shall maintain a publication schedule for Source Subscribers and publish the code on a periodic basis to all current Licensees. Licensee does not have to return any enhancements to the Software to German Web Security UG.
10. LIMITED WARRANTY
All Software and Service Plans are sold on an "as is" basis. German Web Security UG will not grant refunds of any kind for any reason after purchase. German Web Security UG's entire liability and your exclusive remedy shall be replacement of any defective Media provided a copy of your dated receipt or invoice is submitted to German Web Security UG. The remedy includes provisions to grant access to download Software from the Internet if the Internet was the only form of Software distribution by German Web Security UG to the Licensee for a period of 1 (one) year from the date of purchase. German Web Security UG shall not be liable to the Licensee or any other person for any special, consequential, indirect or other similar damages or claims including loss of profits or any other commercial damage caused or imaged to have been caused directly or indirectly by the use of the Software. German Web Security UG specifically disclaims all other warranties, expressed or implied. German Web Security UG makes no representations or warranties with respect to the merchantability or fitness of Software for any particular purpose, business or application. Implied warranties of merchantability are expressly and specifically disclaimed. In no event shall German Web Security UG have liability for damages to you or any other person exceed the price paid for the license to use the Software regardless of the form of any claim.
This license grants the User limited rights to use the Software, Software Copies and Documentation as expressly provided in this License. German Web Security UG retains title to all the Software, Software Copies and Documentation. The Licensee agrees to protect the Software, Software Copies and Documentation from unauthorized publication, use, reproduction or distribution.
11.1 Source Editions of Software
The Source Edition license is non-transferable. Each party wishing to obtain a Source Edition license must purchase a license from German Web Security UG. Software source code may be placed into Escrow under contact to third parties with the clause that in the event of Escrow release the third party must purchase a license to the Source Edition.
This License is effective from the date you receive the Software and/or Copies of the Software and/or Documentation, and continues until you destroy the entire contents of this package and any Software Copies. This license will terminate if the Licensee fails to comply with any term or condition of this EULA. Upon such breach, German Web Security UG reserves the right to terminate the license and seek any remedies which may be available to the company. Upon notice of termination, the Licensee will be required to return all copies of the Software and Documentation to German Web Security UG and is required to recall all Developed Software immediately and remove Software from Developed Software contents and/or packaging. In these circumstances, the Licensee will not be entitled to a refund of amount paid for the License to use the Software and Documentation, nor will Licensee be entitled to reimbursement of any costs associated with recalling Developed Software.
12.1 Subscription Terms
All subscriptions are for a 1 year period unless noted otherwise. 1 year is taken to mean 365 days from the date of purchase.
13. APPLICABLE LAW
This EULA is governed by the German law.
14. ENTIRE AGREEMENT
You acknowledge that you have read this EULA, understand it and agree to be bound by its terms and conditions. Furthermore, you agree that this is the complete and exclusive statement of agreement between us and supersedes all prior agreements, verbal or written, any proposals and other communications between us relating to the subject matter in this EULA.
END OF AGREEMENT.
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