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-Stiftung SIC License Agreement for "IAIK MOA"
-
-Valid from December 1st, 2005
-
-The Stiftung SIC
-Stiftung Secure Information and Communication Technologies
-Inffeldgasse16a, A-8010 Graz, Austria, hereafter referred to as "Stiftung SIC",
-offers to grant licences for the SOFTWARE defined below according to the following conditions:
-
-1. DEFINITIONS
-For the purpose of this Licence Agreement, the following definitions are valid:
-
-a. The term "SOFTWARE" refers to the "IAIK MOA" bundle in any
-form (object code or other) including documentation. The
-SOFTWARE is the sole property of Stiftung SIC and protected by
-Austrian, International Copyright Law, e.g. the Revised Berne
-Convention, and the US Copyright Act.
-
-b. "IAIK MOA" is distributed in documentation, manuals, and user
-guides, tools - including any revisions, patches and updates
-downloaded by the customer.
-
-c."IAIK MOA Runtime Modules" means the runtime object code
-modules provided with, or derived from the SOFTWARE.
-
-d. "MOA modules" mean the modules for online applications made
-available by the Austrian Federal Chancellery and they consist of
-MOA-Signature Creation (MOA-SS), MOA-Signature Verification
-(MOA-SP) and MOA-Identification (MOA-ID).
-
-2. GRANTING of LICENCES
-
-The licensee is granted as specified below:
-
-o IAIK MOA Runtime License
-Stiftung SIC grants the Licensee a non-exclusive, non-transferable runtime licence to use the
-"IAIK MOA" modules in the context of unmodified MOA modules. Any attempt to use any parts or
-the whole IAIK Crypto Toolkits which come bundled together with the MOA modules for any
-purpose other than accessing these MOA modules by applications, including, but not limited to,
-the development of applications, the creation of a toolkit, or inclusion in a different toolkit, is not
-permitted without additional licenses. These licences are not transferable to contractors or any
-other persons, organisations or companies outside the licensee's organisation without making
-such persons, organisations or companies explicitly aware of the restrictions of these licenses
-and such persons, organisations or companies explicitly agree to observe these restrictions.
-
-3. LIMITATIONS for all LICENCES:
-LICENSEES must not attempt to reverse engineer, decompile, disassemble, reverse, translate or in
-any other manner decode the computer programmes in the IAIK libraries in order to derive the
-source code there from.
-
-4. WARRANTY:
-Stiftung SIC guarantees that the SOFTWARE is free of any computer virus or other malicious
-hidden routines that would intentionally cause damage to or corrupt data, storage media or
-equipment. For proving the integrity of the SOFTWARE, Stiftung SIC may calculate a SHA-1 hash
-value over the distribution file and publish it on its web site. It is the duty of the licensee to verify this
-hash value. If the hash value cannot be verified, Stiftung SIC declines any warranties on that
-software, and the licensee should immediately (or within 30 days of delivery at the latest), contact
-Stiftung SIC for verification and reshipment.
-The SOFTWARE is provided "as is" and except for the declaration and warranty stated in this
-section, Stiftung SIC makes no representations, conditions or warranties, either express or implied,
-relative to the SOFTWARE or services provided hereunder, including all implied conditions or
-warranties of merchantability and fitness for a particular purpose and all conditions with respect to
-intellectual property infringement. Stiftung SIC may, but shall not be obliged to, fix errors in any
-SOFTWARE.
-
-5. PROPRIETARY INFORMATION and CONFIDENTIALITY:
-The LICENSEE acknowledges that the SOFTWARE remains the property of, and is confidential to,
-Stiftung SIC and incorporates trade secrets of Stiftung SIC, and that Stiftung SIC shall have the
-exclusive right to any copyrights or patents in respect of the SOFTWARE. The LICENSEE agrees to
-maintain the confidentiality of the SOFTWARE.
-The LICENSEE further agrees that (with the exception of paragraph 2 above), he shall not make
-any disclosure of the SOFTWARE (including copies thereof or methods or concepts utilised therein)
-to any person or entity, other than employees of the LICENSEE, to whom such disclosure is
-necessary in order to use the SOFTWARE as provided herein. The LICENSEE shall appropriately
-notify each employee to whom any such disclosure is made. Such disclosure must be made in
-confidence and shall be kept in confidence by the employee in question.
-The LICENSEE agrees to use diligent and determined efforts to secure and protect the
-SOFTWARE and copies thereof in a manner consistent with their proprietary character and the
-maintenance of Licensor's rights therein, and without limitation thereof, to take appropriate action,
-by instruction or agreement with its employees who are permitted access to the SOFTWARE or
-copies thereof, or otherwise, to satisfy its obligations as hereby stated.
-
-6. TERMINATION:
-Stiftung SIC may terminate this Agreement without prior notice, if the licensee 1. neglects or fails to
-perform or observe, or correct a breach of its obligations to Stiftung SIC; 2. goes out of business,
-files a bankruptcy petition or has such a petition filed involuntarily against it or becomes insolvent; 3.
-develops, sells, licenses or distributes or attempts to develop, sell, license or distribute any software
-based on the SOFTWARE which is outside the scope of the limited rights granted herein, to any
-third party. In the event of such a termination, the Licensee shall immediately destroy all copies and
-ensure that all backup copies are destroyed as well.
-
-Stiftung SIC may at any time stop granting free licenses of the SOFTWARE in combination with the
-MOA modules without prior notice. In this case, all licenses granted until that time remain valid, i.e.
-allow the licensee to continue using the SOFTWARE in combination with the unmodified MOA
-modules.
-
-7. LIABILITY:
-To the maximum extent allowed by applicable law Stiftung SIC shall not be liable for any damages
-whatsoever (including, without limitation, damages for loss of business profits, business interruption,
-loss of business information, or other pecuniary loss) arising out of the use of or inability to use the
-SOFTWARE, even if Stiftung SIC has been advised of the possibility of such damages.
-
-8. WAIVER:
-Invalidity, on legal grounds, of any term of this Agreement does not render the Agreement as a whole
-invalid.
-
-9. GOVERNING LAW, ARBITRATION:
-This Agreement is governed by Austrian law.