license - Display the CacheGuard-OS License Agreement
All CacheGuard Technologies (CACHEGUARD) software components and documentation whether on disk, on any electronic storage medium, or in any other form (collectively, the ’CG-S’) are subject to the GNU General Public License v3. You should have received a copy of the GNU General Public License v3 along with CG-S. If not, refer to http://www.gnu.org/licenses/. The mere aggregation of CG-S and other open source software (as per the OSI definition) together forms CacheGuard-OS (collectively, the ’CG-OS’), which is licensed, not sold, to you by CACHEGUARD. All copies of the CG-OS that you use are subject to this License.
CG-OS may include optional embedded applications (collectively, the ’CG-EA’). All CG-EA are part of CG-S and are subject to the GPL v3. Such CG-EA may require separate License Keys issued by CACHEGUARD and may be subject to separate fees and terms. The use of any CG-EA is subject to the specific terms and conditions accompanying that application. CG-EA that are not activated remain inoperative and do not affect the use of CG-OS itself.
This License allows you to use each instance of CacheGuard-OS on one and only one logical machine (hardware or virtual machine). To benefit from optional paid services you consent to register your appliance to get a unique Serial Number (S/N). Depending on the optional features or embedded applications activated, a License Key may or may not be required. You expressly acknowledge that users and applications handled by CG-OS exist and are under your responsibility. WHERE A SERIAL NUMBER AND/OR LICENSE KEYS HAVE BEEN ISSUED, THEY CANNOT BE CHANGED ONCE A COPY OF CG-OS IS INSTALLED AND REGISTERED.
By installing CG-OS on your own hardware or virtual machine, you acknowledge that the machine is dedicated to running CG-OS for as long as CG-OS remains installed and operational on it. The combination of your machine and CG-OS constitutes an appliance (collectively, the APPLIANCE). If you decide to register the APPLIANCE, you consent to the electronic transmission to CACHEGUARD of certain technical information relating to the APPLIANCE, including, but not limited to, its MAC address, licensed number of users, operating system version, and similar technical data. CACHEGUARD may collect and process this information solely for subscription management, and technical control purposes. You also consent to the APPLIANCE regularly transmitting its alive state to CACHEGUARD. In addition, you consent to the APPLIANCE periodically checking for the availability of new CG-OS releases by contacting CACHEGUARD online services. When the APPLIANCE is deployed on a public cloud in its PAYG (Pay As You Go) form, the registration is implicit; therefore, you consent to automatic registration and its underlying consequences. CACHEGUARD undertakes to process such data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR), where applicable, and will not use it for any other purpose.
CG-S is subject to the GPL v3. Hence you are allowed to edit and modify it for your personal use. If you modify CG-S or other Open Source Software components integrated into the CG-OS, you acknowledge: a) All your contributions are used at your own risk; b) No support will be granted by CACHEGUARD (we strongly recommend leaving the source code as is). You may not, except as permitted by applicable law, sublicense, transfer or create derivative commercial or non-commercial works from CG-OS. You are expressly not allowed to install CG-OS on a hardware or virtual machine and sell the resulting appliance and/or services without having obtained prior written authorization from CACHEGUARD. In particular, reselling a hard drive image file of an installed APPLIANCE on a public or private cloud is subject to the present clause.
The License is valid only for the CG-OS version officially released and current at the date when it is activated (the ’Initial Date’), and for the newer maintenance versions officially released within the subscription period starting on the Initial Date (the ’Initial Maintenance Period’). Your rights under this License will terminate automatically without notice from CACHEGUARD if you fail to comply with any term(s) of this License.
CACHEGUARD may from time to time develop new versions of CG-OS. Nothing in this Agreement shall obligate CACHEGUARD to develop any particular update or enhancement. CACHEGUARD may choose to implement new features and/or components of the CG-OS that require a new License. You are not obligated to use new licenses if you choose not to use those new features and/or components. A newer CG-OS version may require additional machine resources such as RAM or CPU. By upgrading your currently running CG-OS, you acknowledge that you may need to upgrade your machine resources to support the new version.
New versions of CG-OS may come with an update of the present License Agreement. By accepting the terms of the present License Agreement, you agree that you shall read and accept the terms of the updated License Agreement in case where you upgrade your installed CG-OS.
CG-OS is provided free of charge and may be used without any subscription. CACHEGUARD optionally offers subscription-based services that extend the capabilities of CG-OS, including but not limited to URL database access, extended antivirus signatures, and professional support. Such services are subject to separate terms and conditions set out in the "CacheGuard Support Services Agreement". Subscription services are not required for the continued operation of CG-OS.
CG-OS may also include optional embedded applications (CG-EA) that extend its functionality beyond the core CG-OS feature set. Such CG-EA are not free and require separate License Keys issued by CACHEGUARD. The acquisition, activation and use of any CG-EA is subject to the specific terms and conditions accompanying that application and to any applicable fees. CG-EA that have not been licensed and activated remain inoperative and do not affect the use or licensing of CG-OS itself.
You expressly acknowledge and agree that use of the CG-OS is at your sole risk. The CG-OS is provided ’AS IS’ and without warranty of any kind and CACHEGUARD EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CACHEGUARD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CG-OS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE CG-OS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE CG-OS WILL BE CORRECTED. FURTHERMORE, CACHEGUARD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CG-OS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CACHEGUARD OR A CACHEGUARD AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE CG-OS PROVE DEFECTIVE, YOU (AND NOT CACHEGUARD OR A CACHEGUARD AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CACHEGUARD BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall CACHEGUARD’s total liability to you for all damages exceed the amount paid by you to CACHEGUARD for this License during the twelve (12) months preceding the event giving rise to the liability.
You may not use or otherwise export or reexport CG-OS except as authorized by European Union law and the laws of the jurisdiction in which CG-OS was obtained. In particular, but without limitation, CG-OS may not be exported or reexported (i) into (or to a national or resident of) any country subject to EU embargo or equivalent restrictive measures, or (ii) to any person or entity appearing on the consolidated list of persons, groups and entities subject to EU financial sanctions or equivalent national sanctions lists. By using CG-OS, you represent and warrant that you are not located in, under control of, or a national or resident of any such country, and that you do not appear on any such list.
This License shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions. Any dispute arising out of or in connection with this License that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the competent courts of France. If there is a local subsidiary of CACHEGUARD in the country in which CG-OS is purchased, the local law in which the subsidiary sits may govern this License in lieu of French law. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
The SSL mediation feature integrated into CG-OS is designed to decrypt HTTPS traffic in order to cache and/or inspect its contents and possibly block unwanted content. As HTTPS aims to give users privacy and security, decrypting traffic in transit (before it reaches the final client) may violate ethical norms, employee privacy rights, and may be illegal in your jurisdiction. In jurisdictions where such interception is regulated - including but not limited to those subject to the General Data Protection Regulation (GDPR) - the organization activating this feature may be required to inform users in advance, obtain appropriate consents, and implement adequate safeguards. By activating the SSL mediation feature, you expressly acknowledge that you understand the technical and legal implications of doing so, that you have taken appropriate legal advice where required, and that all resulting consequences are fully under your responsibility. CACHEGUARD shall bear no liability for any breach of applicable law arising from the use of this feature.
This License constitutes the entire agreement between the parties with respect to the use of the CG-OS and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by an authorized representative of CACHEGUARD.
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