SAFENET SENTINEL HASP PRODUCT END USER LICENSE AGREEMENT
IMPORTANT INFORMATION - PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE
CONTENTS OF THE PACKAGE AND/OR BEFORE DOWNLOADING OR INSTALLING THE SOFTWARE
PRODUCT. ALL ORDERS FOR AND USE OF THE SENTINEL HASP® PRODUCTS (including
without limitation, the Developer's Kit, libraries, utilities, diskettes,
CD_ROM, DVD, Sentinel HASP keys, the software component of SafeNet Sentinel
HASP™ and the Sentinel HASP Software Protection and Licensing Guide)
(hereinafter "Product") SUPPLIED BY SAFENET, INC., (or any of its affiliates -
either of them referred to as "SAFENET") ARE AND SHALL BE, SUBJECT TO THE TERMS
AND CONDITIONS SET FORTH IN THIS AGREEMENT.
BY OPENING THE PACKAGE CONTAINING THE PRODUCTS AND/OR BY DOWNLOADING THE
SOFTWARE (as defined hereunder) AND/OR BY INSTALLING THE SOFTWARE ON YOUR
COMPUTER AND/OR BY USING THE PRODUCT, YOU ARE ACCEPTING THIS AGREEMENT AND
AGREEING TO BE BOUND BY ITS TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THIS AGREEMENT OR ARE NOT WILLING TO BE BOUND BY IT, DO
NOT OPEN THE PACKAGE AND/OR DOWNLOAD AND/OR INSTALL THE SOFTWARE AND PROMPTLY
(at least within 7 days from the date you received this package) RETURN THE
PRODUCTS TO SAFENET, ERASE THE SOFTWARE, AND ANY PART THEREOF, FROM YOUR
COMPUTER AND DO NOT USE IT IN ANY MANNER WHATSOEVER.
This Agreement has 3 sections:
Section I applies if you are downloading or using the Product free of charge for
evaluation purposes only.
Section II applies if you have purchased or have been otherwise granted by
SafeNet a license to use the Product.
Section III applies to all grants of license.
SECTION I - TERMS APPLICABLE TO GRANT OF EVALUATION LICENSE
1.1 License Grant. SafeNet hereby grants to you, and you accept, a
nonexclusive license to use the Product in machine-readable, object code form
only, free of charge, for the purpose of evaluating whether to purchase an
ongoing license to the Product and only as authorized in this License Agreement.
The evaluation period is limited to the maximum amount of days specified in your
applicable evaluation package. You may use the Product, during the evaluation
period, in the manner described in Section III below under "Extent of Grant.".
1.2 DISCLAIMER OF WARRANTY. The Product is provided on an "AS IS" basis,
without warranty of any kind. IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, SATISFACTION AND MERCHANTABILITY SHALL NOT APPLY. SOME JURISDICTIONS DO
NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO
YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. The entire
risk as to the quality and performance of the Product is borne by you. This
disclaimer of warranty constitutes an essential part of the agreement.
If you initially acquired a copy of the Product without purchasing a license and
you wish to purchase a license, contact SafeNet or any SafeNet representative.
SECTION II - APPLICABLE TERMS WHEN GRANTED A LICENSE
2.1 License Grant. Subject to your payment of the license fees applicable to
the type and amount of licenses purchased by you and set forth in your
applicable purchase order, SafeNet hereby grants to you, and you accept, a
personal, nonexclusive and fully revocable limited License to use the Software
(as such term is defined in Section III hereunder, in the Intellectual Property
subsection), in executable form only, as described in the Software accompanying
user documentation and only according to the terms of this Agreement: (i) you
may install the Software and use it on computers located in your place of
business, as described in SafeNet's related documentation; (ii) you may merge
and link the Software into your computer programs for the sole purpose described
in the Sentinel HASP Software Protection and Licensing Guide; however, any
portion of the Software merged into another computer program shall be deemed as
derivative work and will continue to be subject to the terms of this Agreement;
and (iii) you are permitted to make a reasonable number of copies of the
Software solely for backup purposes. The Software shall not be used for any
2.2 Sub-Licensing. After merging the Software in your computer program(s)
according to the License Grant section above, you may sub-license, pursuant to
the terms of this Agreement, the merged Software and resell the hardware
components of the Product, which you purchased from SafeNet, if applicable, to
distributors and/or users. Preceding such a sale and sub-licensing, you shall
make sure that your contracts with any of your distributors and/or end users
(and their contracts with their customers) shall contain warranties,
disclaimers, limitation of liability, and license terms which are no less
protective of SafeNet's rights than such equivalent provisions contained herein.
In addition, you shall make it abundantly clear to your distributors and/or end
users, that SafeNet is not and shall not, under any circumstances, be
responsible or liable in any way for the software and software licenses
contained in your computer programs which you merge with the SafeNet Software
and distribute to your distributors and/or end users, including, without
limitation, with respect to extending license terms and providing maintenance
for any software elements and/or computer programs which are not the SafeNet
Software. SafeNet expressly disclaims any responsibility and liability with
respect to any computer programs, software elements, and/or hardware elements
which are not and do not form part of the SafeNet product.
2.3 Limited Warranty. SafeNet warrants, for your benefit alone, that (i) the
Software, when and as delivered to you, and for a period of three (3) months
after the date of delivery to you, will perform in substantial compliance with
the Sentinel HASP Software Protection and Licensing Guide, provided that it is
used on the computer hardware and with the operating system for which it was
designed; and (ii) that the Sentinel HASP key, for a period of twelve (12)
months after the date of delivery to you, will be substantially free from
significant defects in materials and workmanship. You may enable or disable
certain features when applying the Sentinel HASP protection software by changing
settings in the Sentinel HASP tools in accordance with the Sentinel HASP
Software Protection and Licensing Guide; HOWEVER, IT IS IMPORTANT TO NOTE THAT
WHEN ENABLING OR DISABLING SOME FEATURES YOU MIGHT REDUCE THE LEVEL OF
PROTECTION PROVIDED BY THE SOFTWARE.
2.4 Warranty Disclaimer. SAFENET DOES NOT WARRANT THAT ANY OF ITS PRODUCT(S)
WILL MEET YOUR REQUIRMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR
ERROR-FREE. TO THE EXTENT ALLOWED BY LAW, SAFENET EXPRESSLY DISCLAIMS ALL
EXPRESS WARRANTIES NOT STATED HERE AND ALL IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. NO SAFENET'S DEALER, DISTRIBUTOR, RESELLER, AGENT OR
EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO
THIS WARRANTY. If any modifications are made to the Software or to any other
part of the Product by you; if the media and the Sentinel HASP key is subjected
to accident, abuse, or improper use; or if you violate any of the terms of this
Agreement, then the warranty in Section 2.3 above, shall immediately be
terminated. The warranty shall not apply if the Software is used on or in
conjunction with hardware or program other than the unmodified version of
hardware and program with which the Software was designed to be used as
described in the Sentinel HASP Software Protection and Licensing Guide.
2.5 Limitation of Remedies. In the event of a breach of the warranty set
forth above, SafeNet's sole obligation, and your sole remedy shall be, at
SafeNet's sole discretion: (i) to replace or repair the Product, or component
thereof, that does not meet the foregoing limited warranty, free of charge; or
(ii) to refund the price paid by you for the Product, or component thereof. Any
replacement or repaired component will be warranted for the remainder of the
original warranty period or 30 days, whichever is longer. Warranty claims must
be made in writing during the warranty period and within seven (7) days of the
observation of the defect accompanied by evidence satisfactory to SafeNet. All
Products should be returned to the distributor from which they were purchased
(if not purchased directly from SafeNet) and shall be shipped by the returning
party with freight and insurance paid. The Product or component thereof must be
returned with a copy of your receipt.
SECTION III - TERMS APPLICABLE TO ALL GRANTS OF LICENSE
3.1 Extent of Grant and Prohibited Uses. Except as specifically permitted in
Sections 2.1 and 2.2 above, you agree not to (i) use the Product in any manner
beyond the scope of license purchased by you in accordance with your applicable
purchase order; (ii) use, modify, merge or sub-license the Software or any other
of SafeNet's products except as expressly authorized in this Agreement and in
the Sentinel HASP Software Protection and Licensing Guide; and (iii) sell,
license (or sub-license), lease, assign, transfer, pledge, or share your rights
under this License with/to anyone else; and (iv) modify, disassemble, decompile,
reverse engineer, revise or enhance the Software or attempt to discover the
Software's source code; and (v) place the Software onto a server so that it is
accessible via a public network; and (vi) use any back-up or archival copies of
the Software (or allow someone else to use such copies) for any purpose other
than to replace an original copy if it is destroyed or becomes defective. If you
are a member of the European Union, this agreement does not affect your rights
under any legislation implementing the EC Council Directive on the Legal
Protection of Computer Programs. If you seek any information within the meaning
of that Directive you should initially approach SafeNet.
3.2 Intellectual Property. THIS IS A LICENSE AGREEMENT AND NOT AN AGREEMENT
FOR SALE. The software component of the SafeNet Sentinel HASP Product, including
any revisions, corrections, modifications, enhancements, updates and/or upgrades
thereto, (hereinafter in whole or any part thereof defined as: "Software"), and
the related documentation, ARE NOT FOR SALE and are and shall remain in
SafeNet's sole property. All intellectual property rights (including, without
limitation, copyrights, patents, trade secrets, trademarks, etc.) evidenced by
or embodied in and/or attached/connected/related to the Product, (including,
without limitation, the Software code and the work product performed in
accordance with Section II above) are and shall be owned solely by SafeNet. This
License Agreement does not convey to you an interest in or to the Software but
only a limited right of use revocable in accordance with the terms of this
License Agreement. Nothing in this Agreement constitutes a waiver of SafeNet's
intellectual property rights under any law.
3.3 Audit. SafeNet shall have the right, at its own expense, upon reasonable
prior notice, to periodically inspect and audit your records to ensure your
compliance with the terms and conditions of this license agreement.
3.4 Termination. Without prejudice to any other rights, SafeNet may
terminate this license upon the breach by you of any term hereof. Upon such
termination by SafeNet, you agree to destroy, or return to SafeNet, the Product
and the Documentation and all copies and portions thereof.
3.5 Limitation of Liability. SafeNet's cumulative liability to you or any
other party for any loss or damages resulting from any claims, demands, or
actions arising out of or relating to this Agreement and/or the sue of the
Product shall not exceed the license fee paid to SafeNet for the use of the
Product/s that gave rise to the action or claim, and if no such Product/s is/are
so applicable then SafeNet's liability shall not exceed the amount of license
fees paid by You to SafeNet hereunder during the twelve (12) months period
preceding the event. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT,
CONTRACT, OR OTHERWISE, SHALL SAFENET OR ITS SUPPLIERS OR RESELLERS OR AGENTS BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS
OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, DAMAGES FOR PERSONAL INJURY
OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SAFENET SHALL HAVE
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
3.6 No other Warranties. Except and to the extent specifically provided
herein, SafeNet makes no warranty or representation, either express or implied,
with respect to its Products as, including their quality, performance,
merchantability or fitness for a particular purpose.
3.7 Export Controls. YOU ACKNOWLEDGE THAT THE SOFTWARE IS SUBJECT TO
REGULATION BY UNITED STATES, EUROPEAN UNION, AND/OR OTHER GOVERNMENT AGENCIES,
WHICH PROHIBIT EXPORT OR DIVERSION OF THE SOFTWARE TO CERTAIN COUNTRIES AND
CERTAIN PERSONS. YOU AGREE TO COMPLY WITH ALL EXPORT LAWS, REGULATIONS AND
RESTRICTIONS OF THE UNITED STATES DEPARTMENT OF STATE, DEPARTMENT OF COMMERCE OR
OTHER LEGAL AUTHORITY WITHIN THE UNITED STATES OR ANY FOREIGN ENTITY WHICH
REGULATES THEIR SHIPMENT. YOU WILL NOT EXPORT IN ANY MANNER, EITHER DIRECTLY OR
INDIRECTLY, ANY SOFTWARE OR ANY PRODUCT THAT INCORPORATES ANY SOFTWARE WITHOUT
FIRST OBTAINING ALL NECESSARY APPROVAL FROM APPROPRIATE GOVERNMENT AGENCIES. YOU
AGREE TO INDEMNIFY SAFENET AGAINST ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES,
COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, TO THE EXTENT SUCH
CLAIMS ARISE OUT OF ANY BREACH OF THIS SECTION 3.7.
3.8 Governing Law & Jurisdiction. This License Agreement shall be construed,
interpreted and governed by the laws of the State of Delaware without regard to
conflicts of laws and provisions thereof. The exclusive forum for any disputes
arising out of or relating to this License Agreement shall be an appropriate
federal or state court sitting in Harford County, State of Maryland, USA. The
application of the United Nations Convention of Contracts for the International
Sale of Goods is expressly excluded. The failure of either party to enforce any
rights granted hereunder or to take action against the other party in the event
of any breach hereunder shall not be deemed a waiver by that party as to
subsequent enforcement of rights or subsequent actions in the event of future
3.9 Third Party Software. The Product contains the Open SSL Toolkit which
includes the OpenSSL software, as set forth in Exhibit A and the Original SSLeay
software, as set forth in Exhibit B. Such third party's software is provided "As
Is" and use of such software shall be governed by the terms and conditions as
set forth in Exhibit A and Exhibit B. If the Product contains any software
provided by third parties other than the software noted in Exhibit A and Exhibit
B, such third party's software are provided "As Is" and shall be subject to the
terms of the provisions and condition set forth in the agreements
contained/attached to such software. In the event such agreements are not
available, such third party's software are provided "As Is" without any warranty
of any kind and this Agreement shall apply to all such third party software
providers and third party software as if they were SafeNet and the Product
3.10 Miscellaneous. If the copy of the Product you received was accompanied by
a printed or other form of "hard-copy" End User License Agreement whose terms
vary from this Agreement, then the hard-copy End User License Agreement governs
your use of the Product. This Agreement represents the complete agreement
concerning this license and may be amended only by a writing executed by both
parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU, IS EXPRESSLY MADE
CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, COMBINED WITH THE
APPLICABLE LICENSE SCOPE AND TERMS, IF ANY, SET FORTH IN YOUR PURCHASE ORDER. If
any provision of this Agreement is held to be unenforceable, such provision
shall be reformed only to the extent necessary to make it enforceable. The
failure of either party to enforce any rights granted hereunder or to take
action against the other party in the event of any breach hereunder shall not be
deemed a waiver by that party as to subsequent enforcement of rights or
subsequent actions in the event of future breaches.
© 2009 SafeNet, Inc., and/or Aladdin Knowledge Systems Ltd. All rights reserved.
HASP®, Sentinel HASP®, HASP SRM®, Sentinel HASP Business Studio™, Sentinel HASP®
HL Basic, Sentinel HASP® HL Pro, Sentinel HASP® HL Max, Sentinel HASP® HL Time,
Sentinel HASP® HL Net, Sentinel HASP® HL NetTime, Sentinel HASP® HL Drive,
Hardlock®, LicenseOnChip®, Cross-Locking™, and Method-level protection™ are
registered and/or unregistered trademarks of SafeNet, Inc., or Aladdin Knowledge
Systems, Ltd., in the United States and other countries. All other trademarks
referenced herein, and in the Sentinel HASP® system, and its accompanying
documentation, are registered and/or unregistered trademarks of their respective
Exhibit A Open SSL License
Copyright (c) 1998-2005 The OpenSSL Project. All rights reserved.
Redistributions of source code must retain the above copyright notice, this list
of conditions and the following disclaimer. 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. 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/)" 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
email@example.com. 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. 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/)"
B. DISCLAIMER OF WARRANTY
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.
Exhibit B Original SSLeay License
Copyright (C) 1995-1998 Eric Young (firstname.lastname@example.org). All rights reserved.
This package is an SSL implementation written by Eric Young (email@example.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 adhered 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 (firstname.lastname@example.org).
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. Redistributions of source code
must retain the above copyright notice, this list of conditions and the
following disclaimer. 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. All
advertising materials mentioning features or use of this software must display
the following acknowledgment: "This product includes cryptographic software
written by Eric Young (email@example.com)". 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 (firstname.lastname@example.org)" B. DISCLAIMER OF WARRANTY.
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 HASP product line complies with the CE EMC Directive and related standards*.
HASP products are marked with the CE logo and a HASP CE conformity card is
included in every shipment or upon demand.
*EMC directive 89/336/EEC and related standards EN 55022, EN 50082-1.
FCC authorities have determined that HASP is not a Class B Computing Device
Peripheral and therefore does not require FCC regulation.
The HASP product line successfully completed UL 94 Tests for Flammability of
Plastic Materials for Parts in Devices and Appliances. HASP products comply with
UL 1950 Safety of Information Technology Equipment regulations.
ISO 9001:2000 Certification
The HASP product line is designed and manufactured by Aladdin Knowledge Systems,
Inc., an ISO 9001:2000 certified company. Aladdin's quality assurance system is
approved by the International Organization for Standardization (ISO), ensuring
that Aladdin products and customer service standards consistently meet
specifications in order to provide outstanding customer satisfaction.
Certificate of Compliance
Upon request, SafeNet Inc./Aladdin Knowledge Systems, Inc. will supply a
Certificate of Compliance to any software developer who wishes to demonstrate
that the HASP product line conforms to the specifications stated. Software
developers can distribute this certificate to the end user along with their