VPN-1 SecuRemote/SecureClient: End User License Agreement

*** DISCLAIMER *** CHECK POINT SOFTWARE TECHNOLOGIES LTD VPN-1 SECUREMOTE/SECURECLIENT SOFTWARE LICENSE AGREEMENT PLEASE READ THIS LICENSE CAREFULLY BEFORE DOWNLOADING OR INSTALLING SECUREMOTE OR SECURECLIENT REFERRED TO AS "SECUREMOTE" OR "SECURECLIENT" AND/OR "SOFTWARE". BY DOWNLOADING OR INSTALLING AND/OR USING SECUREMOTE OR SECURECLIENT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR INSTALL THIS SOFTWARE. 1. License. The Software downloaded or installed, is licensed to you by Check Point Software Technologies Ltd. ("Check Point"). Check Point shall retain title to the Software and related documentation. This License allows you to use SecuRemote or SecureClient for the purpose of connecting only with a duly licensed Check Point Product. This license permits the use of the SecureClient Software on a per user or per machine basis. It is a violation of this license to use the same SecureClient license for more than one user or for more than one piece of hardware. 2. Reproduction and Transfer. You must reproduce on each copy of the Software the Check Point and any other proprietary legends that were on the original copy of the Software. You may also transfer all your license rights in the Software, the backup copy of the Software, the related documentation and a copy of this License to another party, provided the other party reads and agrees to accept the terms and conditions of this License. 3. Restrictions. The Software contains copyrighted material, trade secrets and other proprietary material and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. Other than expressly set forth herein, you may not modify, network, rent, lease, loan, distribute or create derivative works based upon the Software in whole or in part. You may, however, electronically transmit SecuRemote or SecureClient from one computer to another or over a network, subject to the acceptance of the receiver to be bound by this License and applicable export regulations and restrictions as set forth in section. 4. Permitted Modifications: SecuRemote and SecureClient contain customization capabilities in the authentication dialog boxes. Customization can be done in the following ways: inclusion of a bitmap on the left side of the authentication challenge/response dialog; and the ability to insert text in the authentication success and authentication failure dialog boxes. Check Point permits said customization with the following restrictions: a) the SecuRemote or SecureClient must be used in conjunction with and communicating to a Check Point VPN-1 Gateway SecureServer or SofaWare Safe@Office licensed to the same entity using the Software; b) the customization may not contain links, text, or reference to any competitive gateway or client products; c) the customization may not contain any additional text, graphical, or other reference to Check Point products or services without the prior express written approval of Check Point and d) the customization may not be used to advertise any products and services. 5 Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Software and related documentation. This License will terminate immediately without notice from Check Point if you fail to comply with any provision of this License or if the license of the connecting Firewall-1 is terminated for any reason. Upon termination of this License you must destroy the Software, related documentation and all copies thereof. 6. GOVERNMENT REGULATIONS AND EXPORT CONTROL: 6.1 Government Regulations. You agree that the Software will not be shipped, transferred, or exported into any country or used in any manner prohibited by law. 6.2 Export. The Software is subject to export control laws of the State of Israel and/or may be subject to additional export control laws applicable to You or in Your jurisdiction, including, without limitation, the United States. You agree that You will not ship, transfer, or export the Software into any country, or make available or use the Software in any manner, prohibited by law. 6.3 Export Compliance. You understand and acknowledge that upon entry of the Software into the United States it becomes subject to regulation by agencies of the U.S. government, including the U.S. Department of Commerce, which prohibit export or diversion of certain products and technology to certain countries. Any and all of Your obligations with respect to the Software shall be subject in all respects to such United States laws and regulations as shall from time to time govern the license and delivery of technology and products abroad by persons subject to the jurisdiction of the United States, including the Export Administration Act of 1979, as amended, any successor legislation, and the Export Administration Regulations ("EAR") issued by the Department of Commerce, International Trade Administration, and Bureau of Export Administration. You warrant that You will comply in all respects with the export and re-export restrictions applicable to the Software and will otherwise comply with the EAR or other United States laws and regulations in effect from time to time. 6.4 Recipient Warranty. You warrant and agree that You are not: (i) located in, under the control of, or a national or resident of Taliban controlled Afghanistan, Cuba, Iraq, Libya, North Korea, Iran, Syria, or Sudan, or (ii) on the U.S Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. 6.5 Government End Users. This provision applies to Software acquired directly or indirectly by or on behalf of any Government. The Software is a commercial product, licensed on the open market at market prices, and was developed entirely at private expense and without the use of any Government funds. Any use modification, reproduction, release, performance, display, or disclosure of the Software by any Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement, and no license to the Software is granted to any government requiring different terms. 7. Disclaimer of Warranty. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided AS IS and without warranty of any kind and Check Point EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHECK POINT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, CHECK POINT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CHECK POINT OR A CHECK POINT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT CHECK POINT OR A CHECK POINT AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 8. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL CHECK POINT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF CHECK POINT OR A CHECK POINT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall Check Point's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount of $100. 9. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the laws of the State of Israel without reference to its choice of law provisions. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License shall continue in full force and effect. 10. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Check Point.