CAcert Inc.
Source Code License Terms

ATTENTION: The files you are about to download contain the source code for certain CAcert software. CAcert is making these source code files available to you for specific limited purposes and you may use these source code files only for these purposes. You should read these license terms carefully and decide whether you are willing to agree to these license terms.

• If you are not willing to agree to these license terms, CAcert is not willing to provide these source code files to you and you must not proceed with the download.
• The CAcert source code is protected by copyrights in Australia and other countries. If you download these source code files and use the source code in ways not permitted by these license terms, you will not only be in breach of these license terms, you will also be infringing CAcert's copyrights.

LICENSE TERMS

1. What You Can Do. Under this license, you have the right to:
   1. download the CAcert source code files and make a reasonable number of copies on a single computer as necessary to exercise the rights granted below;
   2. review the source code in these source code files in order to verify that there are no unknown vulnerabilities or the like and in order to make your own assessment of the security features of CAcert software;
   3. compile the any C source code that may be contained in the CAcert software into an executable code version of the program;
   4. run the executable code version on one computer solely in order to assist in your testing and analysis of the security features of the CAcert software; and
   5. modify the source code in the course of exercising the rights granted above, or for the explicit purpose of feature enhancements or improvements of the CAcert Inc. operated services.

2. What You Cannot Do. Under this license you do not have the right to, and you may not:

   1. modify the source code beyond what is allowed above;
   2. make copies of the source code files beyond what is allowed above;
   3. remove or alter any notices in the source code files relating to copyrights, or other proprietary rights;
   4. give (meaning sell, loan, distribute, or transfer) the source code files to anyone else (unless you are downloading the source code files in the course of performing duties for your employer, in which case you can share the source code files with fellow employees as long as you don't make additional copies and otherwise comply with these license terms ' if this seems overly restrictive, remember that other people who want to have access to these source code files can also come to the CAcert web site to download them, but for important legal reasons we need to require that each copy of the source code be obtained directly from CAcert);
   5. use versions of CAcert software created for any purpose or reason other than verifying that there are no unknown vulnerabilities or the like or otherwise making your own assessment of the integrity of the source code and the security features of the CAcert software; or

   If you have any questions about what is or is not permitted under these license terms or if you would like to obtain the right to use CAcert source code in ways that are not allowed under these license terms, you should contact CAcert at http://bugs.cacert.org.

3. Reporting Bugs and the Like. If you discover any 'bug' or problem in the source code in these files, or anything you think is a 'bug' or problem in the source code or a deficiency or weakness in the security features of the CAcert software, you should report the bug, problem, deficiency, or weakness (including any suggested code fixes you have prepared or any other information you have that could help CAcert reproduce, verify, and correct it) to CAcert at http://bugs.cacert.org.

   CAcert will endeavor to send an email acknowledgment (signed by CAcert) within five business days for those reports that describe a serious security bug, problem, deficiency, or weakness in the CAcert software. If you do not receive such an email acknowledgment to a report you submitted (and you think you should have), please re-submit the report to CAcert as soon as possible.

   You agree that you will not post any information about any bug, problem, deficiency, or weakness in the CAcert software on any web site or electronic bulletin board, or otherwise disclose or provide any such information to anyone else, unless you have first reported it to CAcert and until at least 30 days after CAcert sends its email acknowledgment to you.

   CAcert takes reported bugs and security weaknesses in its software very seriously and strives to offer its customers the most secure and reliable software products available (given the functionality, features, and price of the software). However, CAcert cannot promise that it will respond to, analyze, attempt to correct, or correct each and every bug or security weakness that is reported to CAcert, and hence CAcert will have no obligation to you under these license terms to respond to, analyze, attempt to correct, or correct any bug, problem, deficiency, or weakness you report to CAcert. If CAcert does correct a bug, problem, deficiency, or weakness in a CAcert software program you report to CAcert under these license terms, the correction will be made available to CAcert's customers in a subsequent patch, update, or general release of the affected CAcert software.

4. Ownership of CAcert Software and Source Code. All rights not expressly granted to you in these license terms are reserved by CAcert. CAcert retains ownership of all copyrights and other intellectual property rights throughout the world in the CAcert source code and software. You agree that CAcert will be given a perpetual non-exclusive rights to any and all derived code, and you hereby assign rights in any modifications you make to the source code and in any bug reports you submit to CAcert.

5. Limitation of Liability.
   CAcert is willing to provide these source code files to you at no charge as long as you understand and agree that, to the maximum extent allowed under applicable law:
1. THESE SOURCE CODE FILES ARE PROVIDED TO YOU "AS IS" AND CACERT MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES, OR CONDITIONS OF ANY KIND REGARDING THESE SOURCE CODE FILES OR THE SOURCE CODE CONTAINED IN THESE FILES. WITHOUT LIMITING THE PREVIOUS SENTENCE, CACERT DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, CONDITIONS, OR DUTIES REGARDING (I) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR ACCURACY, (II) THE CACERT SOFTWARE OR SOURCE CODE BEING FREE OF BUGS OR ERRORS, OR (III) USE OF THE CACERT SOFTWARE IN NUCLEAR POWER PLANTS, AIRCRAFT NAVIGATION OR COMMUNICATIONS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, OR OTHER HIGH-RISK ACTIVITIES.
2. CACERT'S TOTAL, CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE SOURCE CODE FILES AND THE SOURCE CODE CONTAINED IN THESE FILES, UNDER ANY AND ALL THEORIES OF LIABILITY AND CAUSES OF ACTION (WHETHER IN TORT, IN CONTRACT, OR OTHERWISE), WILL BE LIMITED TO DIRECT DAMAGES UP TO AN AGGREGATE AMOUNT OF ONE CUP OF CHEAP DECAFFEINATED COFFEE. WITHOUT LIMITING THE PREVIOUS SENTENCE, IN NO EVENT WILL CACERT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, OR OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE SOURCE CODE FILES AND THE SOURCE CODE CONTAINED IN THESE FILES.

6. General Your rights under these license terms are nonexclusive and personal and cannot be assigned, sublicensed, or transferred in any other manner to anyone else, and any attempted assignment, sublicense, or transfer will be null and void. CAcert may terminate your rights under these license terms, by giving you notice of termination, if you breach or violate these license terms; upon termination, you must destroy all copies of the source code files, and all copies of executable code versions of the CAcert software created by compiling any source code files, in your possession or control. These license terms will be governed by Australian copyright laws and the laws of the State of New South Wales (regardless of conflicts of laws principles); the U.N. Convention on Contracts for the International Sale of Goods will not apply to these license terms. Any action or proceeding arising from or relating to this Agreement must be brought in the district court in Sydney Australia, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. If these license terms are translated into any language other than English, the English version of these license terms will prevail in the event of any inconsistency. These license terms can be amended, and any waiver by CAcert of any right or remedy under these license terms will be effective, only by means of a written document signed by an authorized officer of CAcert that expressly states CAcert's agreement to amend these license terms or waive its rights or remedies.