Please note: this document may contain more than one Proxmox end user license agreement and one or more third party end user license agreements. By indicating your acceptance, you are agreeing to the terms and conditions of all these agreements. Proxmox Software License Agreement Please read this agreement carefully. By installing or otherwise using the software (including its components), you agree to the terms of this agreement. If you do not agree with these terms, do not download, install or use the software. The software may not be sold, transferred, of further distributed without prior written authorization from Proxmox. Rights and Licenses This Proxmox Software License Agreement ("Agreement") is a legal agreement between you (an entity or a person) and Proxmox Server Solutions GmbH ("Proxmox") with respect to the software product identified in the title of this Agreement, media (if any) and accompanying documentation (collectively the "Software"). The Software is a collective work of Proxmox. You must acquire a license for each installation of the Software and for each additional copy (or partial copy) of the Software stored or loaded in memory or virtual memory beyond the initial copy necessary for execution of the Software installed on the hardware. The Software is a modular operating system. Most of the components are open source packages, developed independently, and accompanied by separate license terms. Your license rights with respect to individual components accompanied by separate license terms are defined by those terms; nothing in this Agreement shall restrict, limit, or otherwise affect any rights or obligations you may have, or conditions to which you may be subject, under such license terms. While the license terms for a component may authorize you to distribute the component, you may not use any Proxmox marks in distributing the component, whether or not the component contains Proxmox marks. Other license terms and restrictions The Software is protected by the copyright laws and treaties of Austria and other countries and is subject to the terms of this Agreement. The Software is licensed to you, not sold. The Software may be bundled with other software programs ("Bundled Programs"). Your license rights with respect to Bundled Programs accompanied by separate license terms are defined by those terms; nothing in this Agreement shall restrict, limit, or otherwise affect any rights or obligations you may have, or conditions to which you may be subject, under such license terms. Proxmox reserves all rights not expressly granted to you. You may not: (1) reverse engineer, decompile, or disassemble the Software except and only to the extent it is expressly permitted by applicable law or the license terms accompanying a component of the Software; or (2) transfer the Software or your license rights under this Agreement, in whole or in part. Maintenance and support Your rights with respect to updates, patches, or other materials received under a subscription to a Proxmox maintenance program for the Software are defined by the relevant maintenance program terms. Proxmox has no obligation under this Agreement to provide maintenance or support for the Software. Depending on how you acquired the Software, you may have also acquired a maintenance subscription for the Software. For more information on Proxmox´s current maintenance and support offerings, see http://www.proxmox.com. Ownership rights No title to or ownership of the Software is transferred to you. Proxmox and/or its licensors owns and retains all title and ownership of all intellectual property rights in the Software, including any adaptations or copies. You acquire only a license to use the Software. Warranty The Software is being delivered to you "as is" and Proxmox makes no warranty as to its use or performance. Proxmox and its suppliers do not and cannot warrant the performance or results you may obtain by using the software. Except for any warranty, condition, representation or term to the extent to which the same cannot or may not be excluded or limited by law applicable to you in your jurisdiction, Proxmox and its suppliers make no warranties conditions, representations, or terms (express or implied whether by statute, common law, custom, usage or otherwise) as to any matter including without limitation non-infringement of third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose. The software is not designed, manufactured or intended for use or distribution with on- line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation, communication, or control systems, or other uses in which failure of the software could lead directly to death, personal injury, or severe physical or environmental damage. The software is only compatible with certain computers and operating systems. The software is not warranted for non-compatible systems. Call Proxmox or your dealer for information about compatibility. Non-Proxmox Products. The Software may include or be bundled with hardware or other software programs licensed or sold by a licensor other than Proxmox. Proxmox does not warrant non-Proxmox products. Any such products are provided on an "as is" basis. Any warranty service for Proxmox products is provided by the product licensor in accordance with the applicable licensor warranty. Expect as otherwise restricted by law, Proxmox disclaims and excludes any and all implied warranties including any warranties of merchantability, title, non-infringement, or fitness for a particular purpose. Proxmox makes no warranty, representation or promise not expressly set forth in this limited warranty. Proxmox does not warrant that the software will satisfy your requirements or that the operation of the software will be uninterrupted. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to you. This limited warranty gives you specific rights and you may also have other rights which vary from state to state. Limitation of liability In no event will Proxmox or its suppliers be liable for any loss of data, loss of income, loss of opportunity or profits, cost of recovery or any other special, incidental, consequential or indirect damages arising out of or in connection with this agreement, or the use of the software, reference materials or accompanying documentation, however caused and on any theory of liability. This limitation will apply even if Proxmox, its suppliers or authorized distributors have been advised of the possibility of such damage. In no event shall the liability of Proxmox exceed the amount paid for the licensed software at issue. You acknowledge that the license fee reflects this allocation of risk. 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. General terms Term. This Agreement becomes effective on the date you legally acquire the Software and will automatically terminate if you breach any of its terms. Upon termination of this Agreement, you must destroy the original and all copies of the Software or return them to Proxmox and delete the Software from your systems. Benchmark Testing. This benchmark testing restriction applies to you if you are a software vendor or if you are performing testing on the Software at the direction of or on behalf of a software vendor. You may not, without Proxmox's prior written consent not to be unreasonably withheld, publish or disclose to any third party the results of any benchmark test of the Software. If you are a vendor of products that are functionally similar to or compete with the Software ("Similar Products"), or are acting on behalf of such a vendor, and you publish or disclose benchmark information on the Software in violation of this restriction, then notwithstanding anything to the contrary in the Similar Product's end user license agreement, and in addition to any other remedies Proxmox may have, Proxmox shall have the right to perform benchmark testing on Similar Products and to disclose and publish that benchmark information and you hereby represent that you have authority to grant such right to Proxmox. Transfer. This Agreement may not be transferred or assigned without the prior written approval of Proxmox. Law and Jurisdiction. This Agreement is governed by the laws of Austria, Europe. Any action at law relating to this Agreement may only be brought before the courts of competent jurisdiction of Austria. Entire Agreement. This Agreement and the Upgrade/Additive Agreement (if applicable) sets forth the entire understanding and agreement between you and Proxmox and may be amended only in a writing signed by both parties. No licensor, distributor, dealer, retailer, reseller, sales person, or employee is authorized to modify this agreement or to make any representation or promise that is different from, or in addition to, the terms of this agreement. Waiver. No waiver of any right under this Agreement will be effective unless in writing, signed by a duly authorized representative of the party to be bound. No waiver of any past or present right arising from any breach or failure to perform will be deemed to be a waiver of any future right arising under this Agreement. Severability. If any provision in this Agreement is invalid or unenforceable, that provision will be construed, limited, modified or, if necessary, severed, to the extent necessary, to eliminate its invalidity or unenforceability, and the other provisions of this Agreement will remain unaffected. Export Compliance. Any person or entity exporting or re-exporting Proxmox products directly or indirectly and via any means, including electronic transfer, is wholly responsible for doing so in accordance with the Austrian Export Administration Regulations and the laws of host countries. Proxmox assumes no responsibility or liability for your failure to obtain any necessary export approvals. Approvals are dependent upon an item's technical characteristics, the destination, end-use and end-user, as well as other activities of the end user. Specifically, no Proxmox product may be exported to embargoed or otherwise restricted countries or end users. Please consult the Bureau of Industry and Security web page and other sources before exporting Proxmox products and familiarize yourself with the laws of destination countries before re-exporting Proxmox products. This provision shall survive the expiration or earlier termination of this Agreement. Other. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. (c) 2005 Proxmox Server Solutions GmbH, All Rights Reserved. 01/04/05 ___________________________________________________________________ Kaspersky Lab End User License Agreement NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT"), FOR THE LICENCE OF SPECIFIED SOFTWARE ("SOFTWARE") PRODUCED BY KASPERSKY LAB ("KASPERSKY LAB"). IF YOU HAVE PURCHASED THIS SOFTWARE VIA INTERNET BY CLICKING THE ACCEPT BUTTON, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND DO NOT INSTALL THE SOFTWARE. IF YOU HAVE PURCHASED THIS SOFTWARE ON A PHYSICAL MEDIUM, HAVING BROKEN THE CD'S SLEEVE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT DO NOT BREAK THE CD's SLEEVE, DOWNLOAD, INSTALL OR USE THIS SOFTWARE. YOU MAY RETURN THIS SOFTWARE FOR A FULL REFUND. YOUR RIGHT TO RETURN AND REFUND EXPIRES 30 DAYS AFTER PURCHASE FROM AN AUTHORISED KASPERSKY LAB DISTRIBUTOR OR RESELLER. THE RIGHT TO RETURN AND REFUND EXTENDS ONLY TO THE ORIGINAL PURCHASER. All references to "Software" herein shall be deemed to include the software activation key ("Key Identification File") with which you will be provided by Kaspersky Lab as part of the Software. 1. Licence Grant. Subject to the payment of the applicable licence fees, and subject to the terms and conditions of this Agreement, Kaspersky Lab hereby grants to you a non-exclusive, non- transferable right to use one copy of the specified version of the Software and the accompanying documentation (the "Documentation") for the term of this Agreement solely for your own internal business purposes. You may install one copy of the Software on one computer, workstation, personal digital assistant, or other electronic device for which the Software was designed (each, a "Client Device"). If the Software is licensed as a suite or bundle with more than one specified Software produce, this licence applies to all such specified Software products, subject to any restrictions or usage terms specified on the applicable price list or product packaging that apply to any of such Software products individually. 1.1 Use. The Software is licensed as a single product; it may not be used on more than one Client Device or by more than one user at a time, except as set forth in this Section. 1.1.1 The Software is "in use" on a Client Device when it is loaded into the temporary memory (i.e., random-access memory or RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that Client Device. This licence authorizes you to make only as many back-up copies of the Software as are necessary for its lawful use and solely for back-up purposes, provided that all such copies contain all of the Software's proprietary notices. You will maintain records of the number and location of all copies of the Software and Documentation and will take all reasonable precautions to protect the Software from unauthorised copying or use. 1.1.2 If you sell the Client Device on which the Software is installed, you will ensure that all copies of the Software have been previously deleted. 1.1.3 You shall not decompile, reverse engineer, disassemble or otherwise reduce any party of this Software to human readable form nor permit any third party to do so. The interface information necessary to achieve interoperability of the Software with independently created computer programs will be provided by Kaspersky Lab on request on payment of its reasonable costs and expenses for procuring and supplying such information. In the event Kaspersky Lab notifies you that it does not intend to make such information available for any reason, including (without limitation) costs, you shall be permitted to take such steps to achieve interoperability provided that you may only reverse engineer or decompile to the extent permitted by law. 1.1.4 You shall not, nor permit any third party to copy (other than as expressly permitted herein), make error corrections to or otherwise modify, adapt or translate the Software nor create derivative works of the Software. 1.1.5 You shall not rent, lease or lend the Software to any other person, nor transfer or sub-licence your licence rights to any other person. 1.1.6 You shall not use this Software in automatic, semi- automatic or manual tools designed to create virus signatures, virus detection routines, any other data or code for detecting malicious code or data. 1.2 Server-Mode Use. You may use the Software on a Client Device or on or as a server ("Server") within a multi-user or networked environment ("Server- Mode") only if such use is permitted in the applicable price list or product packaging for the Software. A separate licence is required for each Client Device or "seat" that may connect to the Server at any time, regardless of whether such licenced Client Devices or seats are concurrently connected to or actually accessing or using the Software. Use of software or hardware that reduces the number of Client Devices or seats directly accessing or utilizing the Software (e.g., "multiplexing" or "pooling" software or hardware) does not reduce the number of licences required (i.e., the required number of licences would equal the number of distinct inputs to the multiplexing or pooling software or hardware "front end"). If the number of Client Devices or seats that can connect to the Software can exceed the number of licences you have obtained, then you much have a reasonable mechanism in place to ensure that your use of the Software does not exceed the use limits specified for the licence you have obtained. This licence authorises you to make or download such copies of the Documentation for each Client Device or seat that is licensed as are necessary for its lawful use, provided that each such copy contains all of the Documentation proprietary notices. 1.3 Volume Licences. If the Software is licensed with volume licence terms specified in the applicable product invoicing or packaging for the Software, you may make, use or install as many additional copies of the Software on the number of Client Devices as the volume licence terms specify. You must have reasonable mechanisms in place to ensure that the number of Client Devices on which the Software has been installed does not exceed the number of licences you have obtained. This licence authorizes you to make or download one copy of the Documentation for each additional copy authorized by the volume licence, provided that each such copy contains all of the Document's proprietary notices. 2. Term. This Agreement is effective for the period specified in the Key File (the unique file which is required to fully enable the Software, please see Help/ about Software or Software about, for Unix/Linux version of the Software see the notification about expiration date of the Key File) unless and until earlier terminated as set forth herein. This Agreement will terminate automatically if you fail to comply with any of the conditions, limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must immediately destroy all copies of the Software and the Documentation. You may terminate this Agreement at any point by destroying all copies of the Software and the Documentation. 3. Support. (i) Kaspersky Lab will provide you with the support services ("Support Services") as defined below for a period of one year on: (a) payment of its then current support charge; and (b) successful completion of the Support Services Subscription Form as provided to you with this Agreement or as available on the Kaspersky Lab website, which will require you to produce the Key Identification File which will have been provided to you by Kaspersky Lab with this Agreement. It shall be in the absolute discretion of Kaspersky Lab whether or not you have satisfied this condition for the provision of Support Services. (ii) Support Services will terminate unless renewed annually by payment of the then current annual support charge and by successful completion of the Support Services Subscription Form again. (iii) "Support Services" means: (a) Daily updates of antivirus databases; (b) Free software updates, including version upgrades; (c) Extended technical support via E-mail and hot phone-line provided by Vendor and/or Reseller; (d) Virus detection and curing updates in 24-hours period. 4. Ownership Rights. The Software is protected by copyright laws. Kaspersky Lab and its suppliers own and retain all right, title and interest in and to the Software, including all copyrights, patents, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. 5. Confidentiality. You agree that the Software and the Documentation, including the specific design and structure of individual programs and the Key Identification File constitute confidential proprietary information of Kaspersky Lab. You shall not disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Kaspersky Lab. You shall implement reasonable security measures to protect such confidential information, but without limitation to the foregoing shall use best endeavours to maintain the security of the Key Identification File. 6. Limited Warranty. (i) Kaspersky Lab warrants that for ninety (90) days from first download or installation the Software will perform substantially in accordance with the functionality described in the Documentation when operated properly and in the manner specified in the Documentation. (ii) You accept all responsibility for the selection of this Software to meet your requirements. Kaspersky Lab does not warrant that the Software and/or the Documentation will be suitable for such requirements nor that any use will be uninterrupted and error free. (iii) Kaspersky Lab does not warrant that this Software identifies all known viruses, nor that the Software will not occasionally erroneously report a virus in a title not infected by that virus. (iv) Your sole remedy and the entire liability of Kaspersky Lab for breach of the warranty at paragraph (i) will be at Kaspersky Lab option, to repair, replace or refund of the Software if reported to Kaspersky Lab or its designee during the warranty period. You shall provide all information as may be reasonably necessary to assist the Supplier in resolving the defective item. (v) The warranty in (i) shall not apply if you (a) make or cause to be made any modifications to this Software without the consent of Kaspersky Lab, (b) use the Software in a manner for which it was not intended, or (c) use the Software other than as permitted under this Agreement. (vi) The warranties and conditions stated in this Agreement are in lieu of all other conditions, warranties or other terms concerning the supply or purported supply of, failure to supply or delay in supplying the Software or the Documentation which might but for this paragraph (vi) have effect between the Kaspersky Lab and your or would otherwise be implied into or incorporated into this Agreement or any collateral contract, whether by statute, common law or otherwise, all of which are hereby excluded (including, without limitation, the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or as to the use of reasonable skill and care). 7. Limitation of Liability. (i) Nothing in this Agreement shall exclude or limit Kaspersky Lab's liability for (i) the tort of deceit, (ii) death or personal injury caused by its breach of a common law duty of care or any negligent breach of a term of this Agreement, (iii) any breach of the obligations implied by s.12 Sale of Goods Act 1979 or s.2 Supply of Goods and Services Act 1982 or (iv) any liability which cannot be excluded by law. (ii) Subject to paragraph (i), the Supplier shall have no liability (whether in contract, tort, restitution or otherwise) for any of the following losses or damage (whether such losses or damage were foreseen, foreseeable, known or otherwise): (a) Loss of revenue; (b) Loss of actual or anticipated profits (including for loss of profits on contracts); (c) Loss of the use of money; (d) Loss of anticipated savings; (e) Loss of business; (f) Loss of opportunity; (g) Loss of goodwill; (h) Loss of reputation; (i) Loss of, damage to or corruption of data; or (j) Any indirect or consequential loss or damage howsoever caused (including, for the avoidance of doubt, where such loss or damage is of the type specified in paragraph (ii), (a) to (ii), (i). (iii) Subject to paragraph (i), the Kaspersky Lab's liability (whether in contract, tort, restitution or otherwise) arising out of or in connection with the supply of the Software shall in no circumstances exceed a sum equal to the amount equally paid by you for the Software. 8. The construction and interpretation of this Agreement shall be governed in accordance with the laws of England and Wales. The parties hereby submit to the jurisdiction of the courts of England and Wales save that Kaspersky Lab as claimant shall be entitled to initiate proceedings in any court of competent jurisdiction. 9. (i) This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all and any prior understandings, undertakings and promises between you and Kaspersky Lab, whether oral or in writing, which have been given or may be implied from anything written or said in negotiations between us or our representatives prior to this Agreement and all prior agreements between the parties relating to the matters aforesaid shall cease to have effect as from the Effective Date. Save as provided in paragraphs (ii) - (iii) below, you shall not have any remedy in respect of an untrue statement made to you upon which you relied in entering into this Agreement ("Misrepresentation") and Kaspersky Lab shall not have any liability to the other than pursuant to the express terms of this Agreement. (ii) Nothing in this Agreement shall exclude or limit Kaspersky Lab's liability for any Misrepresentation made by it knowing that it was untrue. (iii) The liability of Kaspersky Lab for Misrepresentation as to a fundamental matter, including a matter fundamental to the maker's ability to perform its obligations under this Agreement, shall be subject to the limitation of liability set out in paragraph 7 (iii).