Software License Agreement
NCP Secure Enterprise Management Server, 
NCP Secure Enterprise VPN Server, 
NCP Secure Enterprise High Availability Services
NCP Friendly Net Detection Server
As of: February 2020


The terms of the License for use by you, the end user 
(referred to hereinafter as 'the Licensee') of NCP software 
are set out below. By reading and accepting this notice, you 
agree to these terms and conditions, so please read the text 
below carefully and completely. If you do not accept the 
terms of this agreement, you cannot use or install the 
software.

1. Subject of the Agreement
1.1 The subject of this agreement between you and NCP 
Software engineering GmbH (hereinafter "NCP", this 
agreement hereinafter also referred to as this 
"Agreement") is the NCP Secure Enterprise Management 
Server, NCP Secure Enterprise VPN Server (IPsec&SSL), NCP 
Secure Enterprise High Availability Services (NCP Secure 
Failsafe Server or NCP Secure Load Balancing Server), NCP 
Volume License Server or NCP Friendly Net Detection Server 
supplied in file form (referred to hereinafter as the 
"Software", including the programme description and other 
related written materials (hereinafter the 
"Documentation").
1.2 The Software uses Open Source Software components 
which are listed in Appendix 1. Such components shall be 
governed exclusively by the applicable Open Source 
Software license terms listed in Appendix 1.
1.3 Depending on what is separately agreed upon the 
Licensee's procurement of the Software, the Licensee either 
obtains a license to use the Software on a perpetual basis 
("Perpetual Licensing") or a license to use the Software 
during a limited term ("Term Licensing"). 

2. Scope of Rights of Use
2.1 NCP grants the Licensee a simple, non-exclusive, non-
transferable, non-sublicenseable, right to install and use the 
Software on one single computer (also referred to 
hereinafter as 'the License'). In case various operating 
systems are installed on the single computer (virtual 
environments), a separate License is required for every 
installed virtual environment. Any additional use requires 
NCP's prior written consent.
Depending on what is separately agreed upon the 
Licensee's procurement of the Software, the License is 
either perpetual (Perpetual Licensing) or limited to the 
agreed contractual term (Term Licensing or Subscription). 
2.2 The Licensee may not:
(i) copy the Software from one computer to 
another via a network or other data 
transmission channels;
(ii) alter, translate, downgrade, decompile, reverse 
engineer, disassemble or otherwise modify the 
Software or attempt or allow a third party to do 
so, unless any such activity is permitted under 
applicable mandatory copy right laws (Section 
69 e of the German Copyright Act);
(iii) create derivative works of the Software or 
create copies of the Software beyond the limits 
permitted under mandatory copyright law, or 
reproduce the Documentation or other 
materials related to the Software.
2.3 The License grant is subject to the following dissolutive 
conditions, provided that in case either of the following 
cases occurs the License shall automatically terminate 
without need for notice: 
(i) if the Licensee breaches any of the terms set 
forth in Sections 2.1, 2.2 or 3. of this 
Agreement, or 
(ii) in case this Agreement is invalid or the purchase 
agreement underlying the grant of a perpetual 
License is invalid or rescinded by either Party, or
(iii) in the event of Term Licensing in case this 
Agreement is terminated or expires.
2.4 Furthermore, the Parties may contractually agree in the 
purchase contract that the License shall automatically 
terminate in the event of Licensee's default in payment.
2.5 NCP reserves all rights in the Software which NCP does 
not explicitly grant to the Licensee under this Agreement. In 
particular, but without limitation to the following, NCP 
reserves all rights of publication, copying and reproduction 
(to the extent this Agreement does not explicitly provide 
otherwise and to the extent the Licensee does not have a 
right to copy the Software under applicable mandatory 
copyright law provisions), as well as to make modifications 
to the Software.
2.6 Upon termination of the License, the Licensee must de-
install the Software and destroy the Software as well as any 
copies thereof, including any amended versions of the 
Software and the Documentation, and confirm the same in 
writing upon NCP's request.
2.7 NCP is authorized to control the Licensee's observance 
of the license terms set forth in Sections 2.1 and 2.2 of this 
Agreement by way of an audit to be carried out by an 
independent auditor not more than once a year during 
regular business hours and with reasonable prior notice, 
provided that the audit may not unreasonably interrupt the 
Licensee's business operations. At any time, confidentiality 
obligations of the Licensee towards third parties, the 
integrity of the Licensee's computer system and applicable 
data protection regulations shall be reasonably taken into 
account. For the purposes of the audit, NCP may request 
information from the Licensee on the observance of the 
license terms set forth in Sections 2.1 and 2.2. Should the 
information submitted by the Licensee not be appropriate 
or should NCP reasonably believe the information 
submitted is not comprehensive or incorrect, NCP may, 
either itself or via an independent auditor, who shall be 
subject to appropriate confidentiality obligations, inspect 
the computer systems of the Licensee on which the 
Software is installed and running with respect to and to the 
extent necessary to verify the observance of this 
Agreement. The Licensee shall grant NCP and/or the auditor 
reasonable access to its computer systems as required to 
conduct the audit. In the event that the audit reveals an 
excess of numerical license restrictions by 5% or more, or in 
case that the Licensee is otherwise in breach of the license 
restrictions under Sections 2.1. or 2.2, the Licensee shall 
bear the costs of the audit.

3. Copying 
The Software and the Documentation are protected by 
copyright. 
To the extent the Software is provided without a technical 
protection against copying, the Licensee may make a single 
spare copy for backup purposes only.  That spare copy must 
be marked as the copyright of NCP or include a notice to 
that effect therein. Copyright notices already present in the 
Software and any registration numbers contained therein 
may not be removed.  Other than to the extent expressly 
permitted by provisions of mandatory law, the Licensee is 
expressly prohibited from copying or otherwise reproducing 
the Software or Documentation in whole or in part, in their 
original or amended form or as combined with or 
integrated into other software programmes. 

4. Transfer of Rights of Use
The Licensee may not pass on or otherwise make available 
to any third party the license key provided by NCP for the 
installation of the Software ("License Key").  
Furthermore, any partial or temporary transfer of the 
Software to a third party against remuneration, in particular 
by way of any rental or leasing arrangement is expressly 
prohibited, unless with the specific, express prior written 
consent of NCP. 

5. Term of this Agreement
5.1 In the event of Perpetual Licensing, this Agreement 
applies for an unlimited period of time. 
5.2 In the event of Term Licensing or Subscription, the 
following provisions shall apply in relation to the term of 
this Agreement:
a) The rights of use granted to the Licensee under Section 2 
as well as this Agreement as such shall be in force and 
effect for such term as agreed in the Licensee's order and 
fully paid for by the Licensee ("Term"). During the 
subscription time period it has to be ensured that the NCP 
Secure Management Server is at all times able to connect 
online to the NCP activation server. 
b) Either party's statutory right to terminate this Agreement 
for important cause shall remain unaffected. 
c) Upon the end of the Term, the License shall automatically 
end unless renewed by the Licensee. Upon termination of 
the License, the Licensee is no longer entitled to use the 
Software. Renewing a License on time shall be within 
Licensee's own and sole responsibility. 
 
6. Damages in the event of breach of contract
NCP advises you that you as the Licensee are liable for any 
damages caused to NCP based on breach of copyright as a 
result of you breaching this Agreement.

7. Liability for defects and third party right infringements
7.1 NCP's liability for defects of the Software, including 
defects in title (collectively "Defects") shall be governed by 
this Section, unless otherwise provided in Section 8 (Third 
Party Rights).
7.2 The Licensee understands and accepts that in 
accordance with the present state of the art it is impossible 
to develop computer programmes, in particular those 
which are combined with other programmes or systems, in 
a manner so that they work entirely free of errors. Under 
the current state of the art it is not possible to warrant that 
the Software will operate free of interruptions or 
deficiencies, nor to warrant the complete removal of any 
Defects in the Software. The contractually agreed 
characteristics of the Software (i.e. the measurement 
criteria for the suitability, operability and dedicated 
usability) are therefore exclusively determined and set forth 
in the NCP data sheet as related to and delivered along with 
the Software. Only substantial deviations from the 
respective NCP data sheet which result in a limitation of the 
functionalities described therein shall qualify as a Defect. 
Individual requirements of the Licensee shall only be 
deemed as part of the contractually agreed characteristics 
of the Software, in case and to the extent the Parties have 
defined such characteristics expressly in writing in a jointly 
developed solutions design document.
7.3 Any fault-independent liability of NCP for initial Defects 
shall be excluded.
7.4 In the event of Term Licensing, any statutory rights of 
the Licensee to rebate the remuneration are in any event 
limited to a refund from NCP for such portion of the 
remuneration paid for the relevant License Key equalling 
the extent to which and the term during which the Software 
could not or not properly be used due to a Defect in 
accordance with the laws for unjust enrichment. Beyond 
this Section 7.5 shall apply.    
7.5 Any liability of NCP for Defects under this provision 
requires that the Licensee has notified NCP of the Defect 
concerned without delay in writing and during the 
limitation period. In case of such written notification of a 
Defect, NCP shall have the right to make two attempts to 
remedy the Defect following reasonable remedy periods in 
each case, and for that purpose and at NCP's discretion to 
either repair the Defect or deliver a replacement solution. 
To the extent reasonably acceptable for the Licensee, NCP 
shall further have the right to remedy the Defect by 
providing a work around or alternative solution. The 
Licensee shall provide NCP with all reasonable assistance in 
remedying the Defect, including, in particular, that Licensee 
shall send in the Software (as in usage at the time the 
Defect occurred) upon NCP's request and to provide 
computing capacity as well as to install corrections or 
replacement solutions as provided by NCP. In case NCP's 
efforts to remedy the Defect should fail after a second 
attempt within a reasonable period of time, the Licensee 
shall have the right to rebate the remuneration paid or 
payable for the License Key(s) of the Software concerned, 
or - following a final written warning - to rescind from the 
order of the License Key(s) concerned. In the event of Term 
Licensing, in lieu of a rescission right, the Licensee shall be 
entitled to terminate the Agreement for cause upon prior 
written notice in case the Defect materially reduces the 
usability of the Software. Any eventual claims for damages 
by the Licensee shall remain unaffected, provided that 
NCP's liability in this respect shall be exclusively governed 
by Section 9 (Liability). The Licensee agrees and 
acknowledges that NCP has successfully remedied a Defect 
within the meaning of this Section 7.5 in the event that NCP 
either (i) brings out and makes available to the Licensee 
within two (2) months following the Licensee's notification 
of the Defect a new version of the Software, in which the 
Defect concerned is remedied, or (ii) in case NCP does not 
make available such a new version, if NCP remedies the 
Defect in accordance with the modalities set forth in this 
Section 7.3 sentences 1-5 within three (3) months following 
the notification of the Defect by the Licensee or by 
providing a replacement or a work around solution.    
7.6 Any claims for Defects are subject to a limitation period 
of 12 months from the beginning of the limitation period 
under statutory law. The foregoing shall not apply in the 
cases listed in Section 9.2. In these cases, the statutory 
provisions of statute of limitation shall apply without 
alteration.
7.7 The Parties agree that any guarantee shall require an 
express written agreement in which the guarantee must be 
explicitly identified as a "Guarantee". 
7.8 To the extent any actual occurrence of problems is the 
result of third party software products or of the hardware 
used by the Licensee, rather than of the Software made 
available by NCP, the Licensee shall have no warranty 
claims against NCP with view to such problems. 
Correspondingly, the same shall apply to the extent the 
Licensee has used the Software in breach of the provisions 
of this Agreement or to the extent the Licensee or a third 
party acting on his behalf has made changes or 
modifications to the Software, or in the event of 
insubstantial deviations from the contractually agreed 
characteristics of the Software. 

8. Third Party Rights
In the event a third party claims against the Licensee that 
the Licensee's use of the Software in accordance with this 
Agreement infringes such third party's copyrights or other 
intellectual property rights in the Software, the Licensee 
shall immediately inform NCP hereof. Subject to the 
limitations of liability set forth in Section 9 (Liability) NCP 
shall hold harmless and indemnify the Licensee for any 
finally and bindingly asserted third party claims based on 
defects in title. These claims shall be subject to the 
limitation period applying for Defects.

9. Liability
9.1 Subject to the provisions in Section 9.2, NCP's statutory 
liability for damages shall be limited as follows:
(i) NCP shall be liable only up to the amount of 
damages as typically foreseeable at the time of 
entering into the contract in respect of damages 
caused by a slightly negligent breach of a 
material contractual obligation (i.e. a 
contractual duty the fulfilment of which is 
essential for the proper execution of the 
contract, the breach of which endangers the 
purpose of the contract and on the fulfilment of 
which the Licensee regularly relies);
(ii) NCP shall not be liable for damages caused by a 
slightly negligent breach of a non-material 
contractual obligation.
9.2 The aforesaid limitation of liability shall not apply to any 
mandatory statutory liability (in particular to liability under 
the German Product Liability Act), liability for assuming a 
specific guarantee or liability for damages caused by wilful 
misconduct or gross negligence, or any kind of wilfully or 
negligently caused personal injuries.
9.3 Licensee shall take all reasonable measures to mitigate 
and/or to avoid damages, including, in particular, an 
obligation for Licensee to make back-up copies of data on a 
regular basis and to carry out security checks (in particular 
for the purpose of defending or detecting viruses and other 
disruptive programmes within Licensee's IT System).
9.4 Regardless of the legal grounds giving rise to liability, 
NCP shall not be liable for indirect and/or consequential 
damages, including, in particular, loss of profit and loss of 
interest, unless any such damage has been caused by NCP's 
wilful misconduct or gross negligence.
9.5 To the extent NCP's liability is limited or excluded, the 
same shall apply in respect of any personal liability of NCP's 
legal representatives, employees and vicarious agents. 

10. Update and new versions of the Software (only for 
Term Licensing)
In the event of Term Licensing, the following shall apply: 
During the Term, NCP will provide the Licensee with 
updates or new versions of the Software in the scope of 
NCP's Software Update Service for repair, enhancements, 
error corrections or new features (collectively: "Software 
Updates"). Licensee shall keep and have its License Key(s) 
for the Software for any number of Licenses acquired by the 
Licensee available and ready to operate the Software 
Updates. 
Installing the Software Updates provided by NCP shall be 
within Licensee's own and sole responsibility. This shall 
apply in particular in relation to Software Updates that 
correct errors or security risks. Except in the cases listed in 
Section 9.2, NCP shall not be liable for damages that would 
have been avoided had the Licensee installed Software 
Updates provided by NCP. 
The timing and content of NCP's provision of Software 
Updates shall be subject to NCP's discretion. The Licensee is 
requested and shall be solely responsible to save and back 
up its configurations of the Software before installing any 
Software Update since these may not be available in the 
Software Update. The Licensee is solely responsible for 
implementing its configurations into the Software Update.
The provisions of this Agreement shall apply accordingly for 
Software Updates.

11. License fee
The fee for the License owed by Licensee is separately 
agreed.
In the event of Term Licensing and unless otherwise agreed, 
the license fee shall be invoiced on a monthly basis. The 
license fee will be calculated monthly based on the agreed 
license metrics and based on the actual use of the Software 
as captured centrally in the Software and reflected in the 
license reports generated by the Software ("License 
Reports"). The Licensee shall ensure that the License 
Reports are generated monthly and delivered to NCP via e-
mail or that NCP will on a monthly basis be granted access 
to the data relating to the actual usage of the Software that 
is captured in the Software.

12. Export/Import control regulations
The Software may be subject to certain export and/or 
import control laws and regulations of certain countries. In 
case any approval by any public authority or compliance 
with any other official requirements is required for the 
Licensee's acquisition, carriage, deployment or other 
contractually agreed use of the Software, the Licensee shall 
obtain any such approval and/or fulfil any such 
requirements at the Licensee's own expense and if 
necessary produce evidence to NCP on demand. The 
Licensee shall be solely responsible for compliance with any 
laws, regulations or other binding requirements that may 
apply to the Licensee's acquisition, carriage, deployment or 
other contractually agreed use of the Software.

13. Choice of Law and final clauses
13.1 This Agreement shall be governed by the laws of 
Germany with the exception of the United Nations 
Convention on the International Sale of Goods (CISG). The 
courts of Nuremberg, Germany, shall have exclusive 
jurisdiction for any disputes arising from or in connection 
with this Agreement. However, NCP may institute legal 
proceedings against the Licensee also in any other court 
having proper jurisdiction over the Licensee.
13.2 Any amendments or additions to this Agreement shall 
be made in writing. 
13.3 Any deviating general terms and conditions, including 
those which may be contained for instance in an order or 
delivery confirmation of the Licensee, shall not apply if not 
agreed upon otherwise by the Parties in written form.
13.4 	In case any provision of this Agreement is or will be 
held invalid or unenforceable or if this Agreement is 
incomplete, the remainder of this Agreement shall continue 
in full force and effect. 

14. Applicable Open Source Software Licenses
You can find a list of open source components used in this 
product in the accompanying document 
"OpenSourceLicenseTerms.pdf".


 

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List of files that belong to this license:

/services/ncp/bin/clnt-control
/services/ncp/bin/clnt-crash
/services/ncp/bin/clnt-desktopconfig
/services/ncp/bin/clnt-filecrypt
/services/ncp/bin/clnt-initconfig
/services/ncp/bin/clnt-log
/services/ncp/bin/clnt-uninstall
/services/ncp/bin/ncpclnt
/services/ncp/bin/ncpepsec
/services/ncp/bin/ncphauth
/services/ncp/bin/ncptrace-cli
/services/ncp/bin/rsudlgd
/services/ncp/bin/rwscmd
/services/ncp/bin/Xdialog
/services/ncp/_etc/certs/democa-ecc-2050/client1-ecbp256-2050.p12
/services/ncp/_etc/certs/democa-ecc-2050/client1-ecp256-2050.p12
/services/ncp/_etc/certs/democa-ecc-2050/client1-rsa-2050.p12
/services/ncp/_etc/ncp.db
/services/ncp/_etc/pkcparams.dat
/services/ncp/i18n/de/LC_MESSAGES/desktop-config.mo
/services/ncp/i18n/de/LC_MESSAGES/diagnostics.mo
/services/ncp/i18n/de/LC_MESSAGES/filecrypt.mo
/services/ncp/i18n/de/LC_MESSAGES/installer.mo
/services/ncp/i18n/de/LC_MESSAGES/integrityd.mo
/services/ncp/i18n/de/LC_MESSAGES/log-application.mo
/services/ncp/i18n/de/LC_MESSAGES/ncpaux.mo
/services/ncp/i18n/de/LC_MESSAGES/ncplic.mo
/services/ncp/i18n/de/LC_MESSAGES/ncpnewt.mo
/services/ncp/i18n/de/LC_MESSAGES/ncppal.mo
/services/ncp/i18n/de/LC_MESSAGES/network-config.mo
/services/ncp/i18n/de/LC_MESSAGES/ntp-config.mo
/services/ncp/i18n/de/LC_MESSAGES/semconfig.mo
/services/ncp/i18n/de/LC_MESSAGES/sentinel.mo
/services/ncp/i18n/de/LC_MESSAGES/tclap.mo
/services/ncp/i18n/de/LC_MESSAGES/tomoyo-config.mo
/services/ncp/i18n/de/LC_MESSAGES/tuxinfo.mo
/services/ncp/install/coreinstall
/services/ncp/lib/libarchive.so.13.4.2
/services/ncp/lib/libarchivexx.so
/services/ncp/lib/libbsdntif.so
/services/ncp/lib/libconfig.so
/services/ncp/lib/libconfig++.so.9.2.0
/services/ncp/lib/libcrypto.so.1.0.0
/services/ncp/lib/libcurl.so.4.7.0
/services/ncp/lib/libdeflate.so
/services/ncp/lib/libdiagnostics.so
/services/ncp/lib/libenigma.so
/services/ncp/lib/libip4tc.so.0.1.0
/services/ncp/lib/libip6tc.so.0.1.0
/services/ncp/lib/libiptc.so.0.0.0
/services/ncp/lib/libipv6utils_rws.so
/services/ncp/lib/liblber-2.4.so.2.11.5
/services/ncp/lib/libldap-2.4.so.2.11.5
/services/ncp/lib/libldap_r-2.4.so.2.11.5
/services/ncp/lib/liblzma.so.5.0.4
/services/ncp/lib/libmnl.so.0.2.0
/services/ncp/lib/libncpaux.so
/services/ncp/lib/libncpcfg.so
/services/ncp/lib/libncpclapi.so
/services/ncp/lib/libncpclntcfg.so
/services/ncp/lib/libncpclpath.so
/services/ncp/lib/libncpcompr.so
/services/ncp/lib/libncpcrypto.so
/services/ncp/lib/libncpcrypt.so
/services/ncp/lib/libncpdve_rws.so
/services/ncp/lib/libncpenroll.so
/services/ncp/lib/libncpgacc.so
/services/ncp/lib/libncphwinfo.so
/services/ncp/lib/libncpike_rws.so
/services/ncp/lib/libncpinet.so
/services/ncp/lib/libncpinetssl.so
/services/ncp/lib/libncplzs.so
/services/ncp/lib/libncpmif32.so
/services/ncp/lib/libncpmifconvapi.so
/services/ncp/lib/libncpmllib.so
/services/ncp/lib/libncpopenssl.so
/services/ncp/lib/libncpos.so
/services/ncp/lib/libncppal.so
/services/ncp/lib/libncppathfnd2.so
/services/ncp/lib/libncpphone.so
/services/ncp/lib/libncppkicmp.so
/services/ncp/lib/libncppki.so
/services/ncp/lib/libncpsocket_rws.so
/services/ncp/lib/libncptimer.so
/services/ncp/lib/libncputils.so
/services/ncp/lib/libncpwlan.so
/services/ncp/lib/libncpxml.so
/services/ncp/lib/libnetfilter_queue.so.1.4.0
/services/ncp/lib/libnfnetlink.so.0.2.0
/services/ncp/lib/librsuclient.so
/services/ncp/lib/libsockif_rws.so
/services/ncp/lib/libssl.so.1.0.0
/services/ncp/lib/libstdc++.so.6.0.29
/services/ncp/lib/libtuxinfo.so
/services/ncp/lib/libxml2.so.2.9.9
/services/ncp/lib/libz.so.1.2.11
/services/ncp/res/deutsch.dat
/services/ncp/res/english.dat
/services/ncp/res/gelb.bmp
/services/ncp/res/gruen.bmp
/services/ncp/res/info_ncp.bmp
/services/ncp/res/logo.bmp
/services/ncp/res/logoinfo.bmp
/services/ncp/res/popup.bmp
/services/ncp/res/rot.bmp
/services/ncp/res/RWSRSU.de
/services/ncp/res/RWSRSU.en
/services/ncp/res/RWSRSU.fr
/services/ncp/res/RWSRSU.nl
/services/ncp/res/RWSRSU.pl
/services/ncp/res/utf8/deutsch.dat
/services/ncp/res/utf8/english.dat
/services/ncp/sbin/clnt-license
/services/ncp/sbin/clnt-sentinel
/services/ncp/sbin/ncprwsd
/services/ncp/sbin/rwsrsud
/services/ncp/scripts/connect.sh
/services/ncp/scripts/conneps.sh
/services/ncp/scripts/disconnect.sh
