BY CLICKING THE BOX LABELED "I ACCEPT" YOU ACKNOWLEDGE
THAT YOU HAVE READ THE TERMS AND CONDITIONS OF THE
THREE LICENSE AGREEMENTS, UNDERSTAND THEM AND AGREE TO
BE BOUND BY ALL THREE LICENSE AGREEMENTS. IF YOU DO NOT
ACCEPT SUCH TERMS CLICK THE BOX LABELED "I DO NOT ACCEPT",
THE INSTALLATION WILL BE ABORTED AND YOU MAY NOT USE THE
SOFTWARE FROM NTRU, WAVE, OR STMICROELECTRONICS.
IMPORTANT - READ CAREFULLY
This Software End-User License Agreement ("Agreement")
is a binding, legal agreement, made and entered into
as of the date (the "Effective Date") you (either an
individual or a single legal entity on behalf of which
you are authorized to enter into this Agreement ) (the
"Licensee") click "I accept" as described herein, by and
between Licensee and Wave Systems Corp., a Delaware
corporation, having a principal place of business at
480 Pleasant Street, Lee, MA 01238 ("Wave").
1.License.
a."Software" means (i) Wave EMBASSY Security Center
Software Version 1.0 and (ii) Wave TCG Enabled
Cryptographic Service Provider (CSP) version 2.2.
b. License Grant. Wave hereby grants Licensee a nonexclusive,
non-sublicensable right to install and use the Software
for its own internal business purposes and in accordance
with the terms and conditions of this Agreement. The
Software consists of client-side software and is
restricted in the number of copies that may be installed
and used, and Licensee may install and use the number of
copies of each for which it has paid the applicable
license fee, which unless otherwise agreed in a writing
signed by Wave shall be deemed a license to install and
use one copy on one personal computer accessible by only
one person at a time. Licensee may contact Wave to
purchase additional licenses for the Software. Wave also
hereby grants Licensee a nonexclusive, non-sublicensable
right to reproduce Wave end user documentation that is
provided with the Software by Wave (the "Documentation"),
solely as necessary for Licensee internal use of the
Software.
c. Restrictions. Licensee shall not copy any part of the
Software, except that Licensee may make one copy of the
Software for backup purposes only. Licensee may not rent,
lease, or lend the Software to others. Licensee shall
not, and shall not attempt to, reverse engineer,
decompile, disassemble or otherwise attempt to identify
the source code of any object code portions of, distribute,
modify, or create derivative works of the Software, in
whole or in part. Licensee shall not use the Software
or Documentation for any purpose not expressly permitted
by this Agreement. Licensee agrees not to remove or
destroy any copyright, logo, trademark, trade name,
proprietary markings, or confidentiality legends placed
upon or contained within the Software or Documentation.
Licensee agrees not to, and agrees not to assist others
to, circumvent or disable the license provisioning
technology, if used, for the Software.
2. Ownership. All rights, title and interest in and to the
Software and Documentation including, without limitation,
all copyright, patent, trade secret and other intellectual
property rights shall at all times remain the property of
Wave, or its suppliers, as applicable. The Software and
Documentation are licensed, not sold, and are protected
by copyright and other intellectual property laws and
treaties. Licensee shall take appropriate steps
reasonably calculated to notify others of Wave and its
suppliersEownership of the Software and Documentation.
If Licensee obtains the Software or Documentation from
any of Wave third-party distributors or resellers,
Licensee hereby consents to the disclosure of such fact,
and of Licensee identifying information, to Wave by
such distributor or reseller.
3. Warranty. Wave warrants that the Software will, for 90
days after the Effective Date (the "Warranty Period"),
substantially conform to the Documentation; provided,
that Licensee must notify Wave in writing of any breach
of the foregoing warranty within the Warranty Period.
For any breach of the foregoing warranty reported during
the Warranty Period, Wave will use reasonable efforts to
promptly correct such defect without further charge. If
Wave is unable to correct such defect, then Wave will
refund the license fees paid for the Software. This
represents Wave exclusive liability and Licensee
sole and exclusive remedy in the event of a breach of the
foregoing warranty.
4. Warranty Disclaimer. EXCEPT AS DESCRIBED IN SECTION 3
(WARRANTY), WAVE DISCLAIMS ALL WARRANTIES RELATING TO THE
SOFTWARE, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND
FITNESS FOR A PARTICULAR PURPOSE. WAVE DOES NOT REPRESENT
THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED
OR ERROR-FREE. IN NO EVENT SHALL WAVE’S OR ITS SUPPLIERS'
LIABILITY TO LICENSEE FOR THE SOFTWARE, WHETHER BASED ON
CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL THEORY,
EXCEED THE AMOUNT OF LICENSE FEES RECEIVED BY WAVE FOR
THE SOFTWARE.
5. Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL WAVE OR ITS SUPPLIERS
BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT,
OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR OTHER DATA OR
INFORMATION, OR FOR BUSINESS INTERRUPTION) ARISING OUT OF
OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE
THE SOFTWARE, EVEN IN THE EVENT OF THE FAULT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF
CONTRACT OR BREACH OF WARRANTY OF WAVE OR ANY SUPPLIER,
AND EVEN IF WAVE OR ANY SUPPLIER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO LICENSEE.
6. Limitation of Liability. NOTWITHSTANDING ANY DAMAGES THAT
LICENSEE MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL
DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF WAVE
AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS
AGREEMENT AND LICENSEE’S EXCLUSIVE REMEDY FOR ALL OF THE
FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY RECEIVED
BY WAVE FOR THE SOFTWARE. THE FOREGOING LIMITATIONS,
EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 4 AND 5
ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL
PURPOSE. LICENSEE ACKNOWLEDGES THAT (A) THE PROVISION OF
THE SOFTWARE IS CONDITIONAL UPON WAVE EXCLUDING AND/OR
LIMITING ITS AND ITS SUPPLIERSELIABILITY TO LICENSEE IN
ACCORDANCE WITH THIS AGREEMENT, AND (B) THE EXCLUSIONS
AND LIMITATION CONTAINED IN THIS AGREEMENT ARE FAIR AND
REASONABLE IN ALL THE CIRCUMSTANCES KNOWN AT THE DATE OF
THIS AGREEMENT.
7. Support.
a.General. Except as set forth in Section 7(b)
(Website Support) and 7(c) (Contract Support), Wave
shall have no obligation under this Agreement to
maintain or support the Software. Licensee may
contact Wave to inquire about Wave commercially
available support and maintenance services provided
pursuant to separate agreements. This Agreement
shall not obligate either party to enter into any
such separate agreement. Any updates or error
corrections to the Software that may be provided to
Licensee from time-to-time, if any, shall be deemed
Software hereunder and shall be licensed to Licensee
under the terms and conditions of this Agreement.
If any such updates or error corrections are made
available to Licensee, then Licensee shall promptly
(a) implement such updates or error corrections,
(b) cease using the earlier versions without such
updates or error corrections, and (c) make such
updates or error corrections available to the users
of the earlier versions. Licensee shall be solely
responsible for procuring all hardware and third-party
software necessary to operate the Software.
b.Website Support. Wave will use reasonable commercial
efforts to host and maintain a web site (the "Site")
for the Software during its commercial life (as reasonably
determined by Wave) that will include some or all of
the following features:
(1)A "Frequently Asked Questions" section with
answers to common questions about the Software.
(2)A searchable "User Information" section with
general user instructions and information about
the Software.
(3)A link to allow end users of the Software to
download any bug fixes, error corrections or
other updates to the Software that Wave may make
available through the Site.
(4)"Contact Wave" electronic response capability.
Wave will use reasonable commercial efforts to
respond within two (2) business days to a
customer inquiry received via this system.
Answers to such inquires will be added to the
FAQ, as appropriate.
c.Contract Support. Upon mutual agreement in writing
between Licensee and Wave, or between Licensee and
one of Wave authorized reseller, Wave will
provide contracted support services to Licensee as
may be agreed upon and related to the Software.
8.Term and Termination.
a.This Agreement is effective until terminated.
Licensee may terminate this Agreement at any time,
with or without cause, upon notice to Wave.
Wave may terminate this Agreement for Licensee
material breach of this Agreement, provided such
breach remains uncured to Wave satisfaction after
twenty (20) days after written notice to Licensee
of such breach.
b.Upon termination of this Agreement, Licensee shall
immediately cease all use of the Software and
Documentation and return to Wave all copies of
thereof within five (5) days after such termination.
Upon Wave request, Licensee will certify in
writing to Wave that all such copies have been
returned to Wave. The following provisions of this
Agreement shall survive termination or expiration
of this Agreement: Sections 1(b) (Restrictions),
2 (Ownership), 4 (Warranty Disclaimer), 5 (Exclusion
of Damages), 6 (Limitation of Liability), 8 (Term
and Termination), and 9 (General).
9.General.
a.Nonassignability. Licensee shall not assign this
Agreement or transfer any of the rights, duties, or
obligations arising under this Agreement without the
prior written consent of Wave. This Agreement shall
be binding upon, and inure to the benefit of, the
permitted successors and assigns of the parties thereto.
b.Governing Law; Forum; Attorney Fees, Injunctive
Relief. This Agreement shall be governed in all
respects by the laws of the State of New York,
without regard to conflicts of law principles.
The UN Convention on Contracts for the International
Sale of Goods is expressly disclaimed from application
to this Agreement in all respects. Any disputes in
connection with this Agreement shall be resolved
exclusively in the state or federal courts, as
applicable, located in the State of New York. The
prevailing party in any such dispute shall be entitled
to collect its reasonable costs and expenses, including
attorney fees and expenses, from the other party.
Licensee agrees that a material breach of this
Agreement may cause irreparable harm to Wave and that
a remedy at law may be inadequate; therefore, in
addition to any and all remedies available at law,
Wave will be entitled to seek injunctive relief or
other equitable remedies to enforce Wave rights
under this Agreement.
c.Amendment; Waiver. This Agreement may be amended
or supplemented only by a writing that refers explicitly
to this Agreement and that is signed by both parties.
No waiver will be implied from conduct or failure to
enforce rights. No waiver will be effective unless
in a writing signed by the party against whom the
waiver is asserted. One or more waivers of any
right, obligation or default shall not be construed
as a waiver of any subsequent right, obligation or
default. No delay or failure of a party in exercising
any right hereunder and no partial or single exercise
thereof shall be deemed of itself to constitute a
waiver of such right or any other rights hereunder.
d.Severability. The illegality, invalidity or
unenforceability of one or more provisions of this
Agreement shall not affect the legality, validity or
enforceability of any other provision, and this
Agreement shall be construed in all respects as if
such illegal, invalid or unenforceable provision
were deemed amended to achieve as near as possible
the same economic effect as the original in a legal,
valid and enforceable manner if possible.
e.Further Relationships. Neither party is obligated
by this Agreement to enter into any further business
relationship after the termination or expiration of
this Agreement.
f.Notices. All notices under this Agreement shall
be in writing, and shall be deemed given when
personally delivered, when received if by nationally
recognized courier, or three days after being sent
by postage prepaid, certified or registered U.S.
mail, as applicable, to Wave at Wave address as
set forth herein or to Licensee at the address that
Licensee provided upon entering into this Agreement,
or such other address as a party last provided to
the other by written notice.
g.Export Regulations. The Software is subject to U.S.
export control laws, including the U.S. Export
Administration Act and its associated regulations,
and may be subject to export or import regulations
in other countries. Licensee agrees to strictly
comply with all such regulations and acknowledges
that it has the responsibility to obtain licenses
to export, re-export, or import the Software.
The Software may not be downloaded, or otherwise
exported or re-exported (i) into, or to a national
or resident of, Cuba, Iraq, Iran, North Korea, Libya,
Sudan or Syria or any country to which the U.S. has
embargoed goods; or (ii) to anyone in the U.S.
Treasury Department's list of Specially Designated
Nations or the U.S. Commerce Department's Table of
Denial Orders.
h.High-Risk Uses. The Software is not designed or
intended to be used in connection with on-line
control of aircraft, air traffic, aircraft navigation
or aircraft communications; or in the design,
construction, operation or maintenance of any nuclear
facility; or in any life-support equipment (e.g.,
pacemakers), health measurement equipment (e.g.,
electrocardiographs) or other extremely hazardous
environment; and Licensee shall have no right to use
the Software to create such applications.
i.U.S. Government Restricted Rights. The Software is
"commercial software," developed at private expense,
and may not be used, reproduced, or disclosed by the
U.S. Government except in accordance with the limited
rights expressly stated in this Agreement.
j.Independent Contractor. Wave and Licensee
are independent contractors. No partnership, joint
venture, or other joint relationship is created by
this Agreement.
k.Section Headings. Section headings are for
convenience only and do not form a part of this
Agreement.
l.Entire Agreement. This Agreement represents the
entire agreement between the parties relating to its
subject matter and supersedes all prior representations,
discussions, negotiations and agreements, whether
written or oral. The terms and conditions of a party
purchase orders or acknowledgements shall have no force
or affect whatsoever.
m.If Licensee obtains the Software or Documentation
from any of Wave third-party distributors or
resellers, Licensee acknowledges and agrees that
such third-party distributors or resellers are free
from all liabilities direct or indirect regarding
the content, and use or non-use of the Software.
10.Special Terms and Conditions for CSP Software.
10.1.Definitions.
(a)"CSP Software" means Wave TCG Enabled Cryptographic
Service Provider (CSP) version 2.2, and
Third-Party Code.
(b)"Third-Party Code" means portions of the CSP
Software that are owned and/or licensed by
Microsoft Corporation.
(c)"Excluded License" is any license that requires
as a condition of use, modification and/or
distribution of CSP Software subject to such
license, that the CSP Software or other software
combined and/or distributed with the CSP Software
be (i) disclosed or distributed in source code
form; (ii) licensed for the purpose of making
derivative works; or (iii) redistributable at no charge.
10.2.Restrictions.
(a)Licensee agrees to retain in each copy of the CSP
Software all copyright notices that refer to
Microsoft Corporation copyright in the Third-Party Code.
(b)Licensee agrees not to take any action that will
cause the CSP Software including, without limitation,
the Third-Party Code, in whole or in part to become
subject to any of the terms of an Excluded License.
[End of Agreement]
June 2004 NTRU Cryptosystems, Inc
Software License Agreement
The object code for the software and all documentation
included on this CD-ROM (collectively, the "Software")
is licensed hereunder solely to you (the "Licensee")
by NTRU Cryptosystems, Inc ("NTRU") under the following
license terms and conditions of this Software License
Agreement (this "Agreement"). The Software is being provided
to Licensee by ST Microelectronics ("ST") in connection with
Licensee use or purchase of certain trusted platform module
chips ("TPM Chips");
This Agreement relates solely to Licensee relationship with
NTRU, and does not affect any rights or remedies that
Licensee may have with respect to ST.
Grant of License.
Subject to the terms and conditions of this Agreement, NTRU
hereby grants to Licensee a non-exclusive, royalty-free,
non-transferable, non-sublicensable license to use, copy and
distribute the Software in object code form only, in each
case solely for use in connection with NTRU products.
Licensee shall ensure that any distribution of the Software
is subject to a license agreement which protects NTRU at
least to the extent NTRU is protected by this Agreement.
Term. This Agreement shall commence on the latest date
executed by either party and continue in full force and
effect until Licensee breach of this Agreement and failure
to cure such breach within twenty (20) days of Licensee first
becoming aware of such breach. Promptly upon termination of
this Agreement, Licensee shall return to ST or destroy all
copies of the Software, accompanying materials related
thereto, and all modifications or derivative works including
any part of the Software.
Restrictions on Use. Licensee shall not:
Modify or create derivative works of the Software;
Disassemble, de-compile, reverse engineer, or otherwise
attempt to discover the source code of the Software;
Utilize the Software except as expressly authorized hereby;
nor
Remove any proprietary notices or labels on the Software.
Ownership. All right, title, and interest in and to the
Software and all intellectual property embodied therein or
related thereto shall be and shall remain the sole and
exclusive property of NTRU. Licensee shall have no licenses
or rights, whether express or implied, to the Software or any
other NTRU intellectual property except as expressly provided
herein. The license granted under this Agreement does not
grant Licensee any right to any enhancements or updates to
the Software.
Disclaimer of Warranties.THE SOFTWARE AS PROVIDED BY NTRU IS
PROVIDED "AS IS" WITH RESPECT TO NTRU WITHOUT WARRANTIES OF
ANY KIND AND NTRU EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS,
IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE
SOFTWARE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. NTRU MAKES NO REPRESENTATIONS CONCERNING THE
QUALITY OF THE SOFTWARE OR AS TO THE NONINFRINGEMENT BY THE
SOFTWARE OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Licensee, and all persons or entities obtaining copies of the
Software either directly or indirectly from Licensee, shall
be responsible for ensuring that the Software is suitable for
use in the intended application given the expected operating
conditions. NTRU accepts no responsibility for the application
of the Software or the inability to use the Software.
Disclaimer and Limitation of Liability. WITH RESPECT TO
NTRU, UNDER NO CIRCUMSTANCES SHALL NTRU BE LIABLE FOR
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES,
INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS
OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS,
OR RELATED EXPENSES ARISING IN CONNECTION WITH THE SOFTWARE,
EVEN IF NTRU HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH
DAMAGES. NTRU'S LIABILITY UNDER THIS AGREEMENT FOR ANY CAUSE
OF ACTION SHALL BE LIMITED TO $100.
Critical Applications. NTRU SOFTWARE IS NOT DESIGNED,
AUTHORIZED, OR WARRANTED TO BE SUITABLE FOR USE IN CRITICAL
APPLICATIONS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE
OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR
COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT
MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE
SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE
PHYSICAL OR ENVIRONMENTAL DAMAGE ("CRITICAL APPLICATIONS").
NTRU AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR
IMPLIED WARRANTY OF FITNESS FOR CRITICAL APPLICATIONS.
Confidentiality. The Software, except for the object code
permitted to be distributed hereunder, is confidential
information of NTRU and shall not be disclosed by Licensee
to any third party. Licensee shall only use the Software
as expressly permitted by this Agreement, and in no other
manner. Licensee agrees to take all necessary precautions
to avoid disclosure and misuse of the Software. Licensee
shall promptly notify NTRU if Licensee becomes aware of
any breach of this confidentiality obligation and agrees to
remedy any such breach.
General. This Agreement shall be governed by the laws of
the Commonwealth of Massachusetts without reference to
conflict of laws principles. The application of each of (i)
the United Nations Convention of Contracts for the
International Sale of Goods, (ii) the 1974 Convention on the
Limitation Period in the International Sale of Goods
(the "1974 Convention") and (iii) the Protocol amending the
1974 Convention, done at Vienna April 11, 1980 is expressly
excluded. Licensee shall not assign this Agreement in any
manner, and any such purported assignment shall be void.
This Agreement constitutes the entire agreement and
understanding of the parties relating to the subject matter
hereof and supersedes all prior negotiations and
understandings between the parties, both oral and written,
regarding such subject matter. No waiver or modification
of this Agreement shall be valid unless in a formal writing
signed by an officer of each party. If any provision of this
Agreement is held by a court of competent jurisdiction to be
invalid or unenforceable, the remaining provisions of this
Agreement shall remain in full force and effect.
U.S. Government End Users. The Software is a "commercial
item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995),
consisting of "commercial computer software" and "commercial
computer software documentation," as such terms are used in
48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
all U.S. Government End Users acquire the Software with only
those rights set forth herein.
Export. The Software may be subject to United States export
control laws, including the U.S. Export Administration Act
and its associated regulations, and may be subject to export
or import regulations in other countries. Licensee must
comply strictly with all such regulations that are now or
later in effect.
B- Open SSL License.
This is a copy of the current LICENSE file inside the CVS repository.
LICENSE ISSUES
The OpenSSL toolkit stays under a dual license, i.e., both
the conditions of the OpenSSL License and the original
SSLeay license apply to the toolkit. See below for the
actual license texts. Actually both licenses are BSD-style
Open Source licenses. In case of any license issues related
to OpenSSL please contact openssl-core@openssl.org.
OpenSSL License Copyright (c) 1998-2003 The OpenSSL Project.
All rights reserved. Redistribution and use in source and binary
forms, with or without modification, are permitted provided that
the following conditions are met:
1. Redistributions of source code must retain the above
copyright notice, this list of conditions and the following
disclaimer.
2. Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials
provided with the distribution.
3. All advertising materials mentioning features or use of
this software must display the following acknowledgment:
"This product includes software developed by the OpenSSL
Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)"
4. The names "OpenSSL Toolkit" and "OpenSSL Project" must
not be used to endorse or promote products derived from this
software without prior written permission. For written
permission, please contact openssl-core@openssl.org.
5. Products derived from this software may not be called
"OpenSSL" nor may "OpenSSL" appear in their names without
prior written permission of the OpenSSL Project.
6. Redistributions of any form whatsoever must retain the
following acknowledgment: "This product includes software
developed by the OpenSSL Project for use in the OpenSSL
Toolkit (http://www.openssl.org/)"
THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS''
AND EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO
EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This product includes cryptographic software written by Eric
Young (eay@cryptsoft.com). This product includes software
written by Tim Hudson (tjh@cryptsoft.com).
Original SSLeay License Copyright (C) 1995-1998 Eric Young
(eay@cryptsoft.com) All rights reserved.
This package is an SSL implementation written by Eric Young
(eay@cryptsoft.com). The implementation was written so as to
conform with Netscapes SSL. This library is free for
commercial and non-commercial use as long as the following
conditions are adhered to. The following conditions apply
to all code found in this distribution, be it the RC4, RSA,
lhash, DES, etc., code; not just the SSL code. The SSL
documentation included with this distribution is covered
by the same copyright terms except that the holder is Tim
Hudson (tjh@cryptsoft.com).
Copyright remains Eric Young's, and as such any Copyright
notices in the code are not to be removed. If this package
is used in a product, Eric Young should be given attribution
as the author of the parts of the library used. This can be
in the form of a textual message at program startup or in
documentation (online or textual) provided with the package.
Redistribution and use in source and binary forms, with or
without modification, are permitted provided that the
following conditions are met:
1. Redistributions of source code must retain the copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials
provided with the distribution.
3. All advertising materials mentioning features or use of
this software must display the following acknowledgement:
"This product includes cryptographic software written by
Eric Young (eay@cryptsoft.com)" The word 'cryptographic'
can be left out if the routines from the library being used
are not cryptographic related.
4. If you include any Windows specific code (or a derivative
thereof) from the apps directory (application code) you must
include an acknowledgement:
"This product includes software written by Tim Hudson
(tjh@cryptsoft.com)". THIS SOFTWARE IS PROVIDED BY ERIC
YOUNG ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
1.1.1. The licence and distribution terms for any publically
available version or derivative of this code cannot be
changed. i.e., this code cannot simply be copied and put
under another distribution licence including the GNU Public
License.
ST DRIVER LICENSE AGREEMENT
IMPORTANT: Please carefully read this Driver License
Agreement ("Agreement") before installing or using any of
the Software. The right to use the Software is granted only
on the condition that you agree to all of the following
terms and that you show your acceptance through the "Click
Through License" by clicking "I accept.".
STMicroelectronicsE("ST") Trusted Platform Module ("TPM")
Drivers (the "Software") that is being made available to you
("Licensee"), is provided in strict accordance with the
following terms and conditions of the Agreement.
1. Software License. Subject to the terms and conditions
herein, ST grants to Licensee a personal, nonexclusive,
nontransferable license to use the Software solely for
operation in conjunction with ST TPM product(s) for which
it is intended. Licensee may make one archival copy of the
Software, provided that it faithfully reproduces any
copyright or other notice contained thereon. Licensee may
not run the primary and archival copy concurrently.
2. License Restrictions. Licensee agrees not to modify,
translate, reverse-engineer (decompile or disassemble), or
attempt to derive the source code of Software provided in
object code form or create derivative works of the Software
or any component thereof. Licensee further agrees not to
sell, distribute, sublicense, loan, rent, lease, timeshare
or assign any Software provided hereunder other than as
explicitly set forth herein.
3. Ownership and Copyright. The Software is proprietary to
ST and protected by copyright, under the United States
copyright laws and certain international treaties. Licensee
agrees to acquiring only the right to use the Software as
licensed hereunder, and that all title, ownership and
intellectual property rights not herein specifically granted
to Licensee are expressly reserved by ST.
4. Warranty Disclaimer.
THE SOFTWARE IS PROVIDED "AS IS". ST MAKES NO OTHER EXPRESS
WARRANTIES. TO THE EXTENT AUTHORIZED BY APPLICABLE LAW, ALL
OTHER WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT, ARE SPECIFICALLY DISCLAIMED. THIS DISCLAIMER
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
5. LIMITATION OF LIABILITY. ST'S OR ITS SUPPLIERSE
CUMULATIVE LIABILITY FOR LOSS OR DAMAGES RESULTING FROM
ANY CLAIM, DEMAND OR ACTION ARISING OUT OF OR RELATING TO
THIS AGREEMENT OR USE OF THE SOFTWARE ("DAMAGES"), SHALL NOT
EXCEED THE LESSER OF THE NET AMOUNT PAID TO ST FOR THE
LICENSING OF THE SOFTWARE, IN THIS CASE, THE COST OF THE
SINGLE TPM OR $50 US . IN NO EVENT SHALL ST OR ITS SUPPLIERS
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL
CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY CHARACTER,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS,
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE AND ALL OTHER
COMMERCIAL DAMAGES.
7. Export Law Assurances. The Software is subject to U.S.
export control laws, including the U.S. Export Administration
Act and its associated regulations, and may be subject to
export or import regulations in other countries. Licensee
agrees and certifies that the Software will not be
transferred or re-exported, directly or indirectly, into any
country (or to a national or resident of such country)
prohibited by the United States Export Administration Act
and the regulations promulgated thereunder. Licensee agrees
to strictly comply with all such regulations and acknowledges
that it has the responsibility to obtain licenses to export,
re-export, or import the Software
8. Severability. Licensee acknowledges and agrees that each
provision of this Agreement that provides for a disclaimer
of warranties or an exclusion or limitation of damages
represents an express allocation of risk, and is part of
the consideration of this Agreement. Invalidity of any
particular provision of this Agreement shall not affect the
validity of the remaining provisions hereof. This Agreement
is governed by the laws of the State of Texas, USA. The
application the United Nations Convention of Contracts for
the International Sale of Goods is expressly excluded.
9. Term. This Agreement shall be effective upon Licensee's
acceptance of this Agreement and shall continue until
terminated by either party. Licensee may terminate at any
time by discontinuing use of the Software. Should Licensee
terminate this Agreement, then Licensee shall delete the
install of the TMP Software as well as the NTRU and Wave
Software and documentation from Licensee system.
LICENSEE’S OR YOUR USE OF THE NTRU, THE WAVE AND THE ST
SOFTWARE IS SUBJECT TO YOUR ACCEPTANCE OF ALL OF THE TERMS
HEREIN AND YOUR ACCEPTANCE OF THE CLICK-THROUGH LICENSE BY
CLICKING "I ACCEPT."
NO USE OF THE NTRU, THE WAVE, OR THE ST SOFTWARE IS LICENSED
OR ALLOWED WITHOUT SUCH ACCEPTANCE.
Download Driver Pack
After your driver has been downloaded, follow these simple steps to install it.
Expand the archive file (if the download file is in zip or rar format).
If the expanded file has an .exe extension, double click it and follow the installation instructions.
Otherwise, open Device Manager by right-clicking the Start menu and selecting Device Manager.
Find the device and model you want to update in the device list.
Double-click on it to open the Properties dialog box.
From the Properties dialog box, select the Driver tab.
Click the Update Driver button, then follow the instructions.
Very important: You must reboot your system to ensure that any driver updates have taken effect.
For more help, visit our Driver Support section for step-by-step videos on how to install drivers for every file type.