Professional Edition License for Windows

SHREW SOFT VPN CLIENT

PROFESSIONAL EDITION

SOFTWARE LICENSE AGREEMENT

This copy of Shrew Soft VPN Client ("the VPN Client") and accompanying documentation is licensed and not sold. This VPN Client is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Shrew Soft, Inc or its subsidiaries, affiliates, and suppliers (collectively "Shrew Soft") own intellectual property rights in the VPN Client. The Licensee's ("you" or "your") license to download, use, copy, or change the VPN Client is subject to these rights and to all the terms and conditions of this Software License Agreement ("Agreement").

ACCEPTANCE:

BY DOWNLOADING THE VPN CLIENT AND SELECTING THE "ACCEPT" OPTION DURING THE INSTALLATION OF THE SOFTWARE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO USE THE VPN CLIENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE VPN CLIENT.

LICENSE GRANT:

This Agreement entitles you to install and use one copy of the VPN Client per license purchased or during a twenty (14) day trial period. In addition, you may make one archival copy of the VPN Client per license purchased. The archival copy may only be used for the reinstallation of the VPN Client. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the VPN Client.

RESTRICTIONS ON TRANSFER:

Without first obtaining the express written consent of Shrew Soft, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the VPN Client.

RESTRICTIONS ON USE:

If you hold multiple, validly licensed copies, you may not permit the use, copying, or installation by more users, or on more computers than the number permitted by license.

You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the VPN Client.

RESTRICTIONS ON ALTERATION:

You may not modify the VPN Client or create any derivative work of the VPN Client or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the VPN Client.

RESTRICTIONS ON COPYING:

You may not copy any part of the VPN Client except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy.

EXPORT/IMPORT CONTROL REGULATIONS:

Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import the VPN Client.

TERM:

This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of the VPN Client including any documentation. This Agreement will terminate immediately without notice from Shrew Soft if you fail to comply with any provision of this Agreement. Upon termination, you must destroy all copies of the VPN Client.

OTHER SOFTWARE LICENSES:

The VPN Client uses the Open Source Software component OpenSSL, which is subject to the Open Source licenses listed at the end of this Agreement. It also uses the zlib compression library which is subject to the license listed after the OpenSSL licenses.

LIMITED VPN CLIENT WARRANTY:

For a period of 60 days from the date of shipment or from the date that you download the VPN Client, as applicable, Shrew Soft warrants that when properly installed and used under normal conditions, the VPN Client will perform substantially as advertised.

The above warranty DOES NOT apply to any beta software, any software made available for testing or demonstration purposes, any temporary software modules or any software for which Shrew Soft does not receive a license fee. All such software products are provided AS IS without any warranty whatsoever.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY SHREW SOFT, SHREW SOFT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE VPN CLIENT.

Shrew Soft makes no warranty that the VPN Client will meet your requirements or operate under your specific conditions of use. Shrew Soft makes no warranty that operation of the VPN Client will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE VPN CLIENT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE VPN CLIENT TO MEET YOUR REQUIREMENTS. SHREW SOFT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

UNDER NO CIRCUMSTANCES SHALL SHREW SOFT, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE VPN CLIENT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF SHREW SOFT OR ANY OTHER PARTY, EVEN IF SHREW SOFT IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS

SHREW SOFT'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

LIMITATION OF REMEDIES AND DAMAGES:

Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the VPN Client. Selection of whether to correct or replace shall be solely at the discretion of Shrew Soft. Shrew Soft reserves the right to substitute a functionally equivalent copy of the VPN Client as a replacement. If Shrew Soft is unable to provide a replacement or substitute VPN Client or corrections to the VPN Client, your sole alternate remedy shall be a refund of the purchase price for the VPN Client exclusive of any costs for shipping and handling.

Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Shrew Soft to have been caused by you. All limited warranties on the VPN Client are granted only to you and are non-transferable. You agree to indemnify and hold Shrew Soft harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

GOVERNING LAW, JURISTICTION AND COSTS:

This Agreement is governed by the laws of Texas, without regard to Texas's conflict or choice of law provisions.

SEVERABILITY:

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)

This product includes software developed by Jean-loup Gailly and Mark Adler. (http://www.zlib.net/)