Bitvise SSH Client End User License Agreement

Bitvise Limited, a limited liability company incorporated in Gibraltar with incorporation number 90668,
("Bitvise"), has developed and continues to develop a Windows SSH client program named Bitvise SSH
Client ("BSC"), to which it owns all right, title, and interest, and is willing to grant you, meaning any
individual or entity who will use BSC, ("you"), the license to use BSC, upon the condition that you agree
to and accept all of the terms of this License Agreement ("Agreement").
You must read this Agreement carefully.
1. Definitions.
A "Machine" is a single hardware computer unit, or a virtual machine running in a simulated
environment inside another Machine. Each node of a cluster counts as an individual Machine.
An "Affiliated Individual" is any individual performing work on behalf of an entity, whether officer,
employee, consultant or contractor, whether the relationship is temporary or permanent, part-time
or full-time, direct or through another agency or company.
An "Organizational Department" is any reasonably permanent unit of Affiliated Individuals and/or
Machines recognized as a unit in an entity. If an entity has Affiliated Individuals or Machines that
are not part of an Organizational Department, then this Agreement defines a default Organizational
Department as containing those Affiliated Individuals and Machines.
An "Environment" is an Organizational Department or the personal domain of a family or individual.
The "Measure of Use" in an Environment is: the maximum number of individuals that use BSC in
that Environment on any given day, or the maximum number of Machines on which BSC is running
in that Environment on any given day, whichever of the two is higher. An individual uses BSC if BSC
runs in the same operating system session that the individual accesses and operates.
2. License. Bitvise grants you the right to use BSC free of charge in an Environment as long as the
Measure of Use in that Environment is 4 or less.
Bitvise grants the right to use BSC at a higher Measure of Use ("Expanded License") generally in return
for payment according to Bitvise's current pricing schedule. An Expanded License is owned perpetually
by the Environment for which it is acquired. An Expanded License is non-transferrable between
Environments, but may be transferred along with an Environment.
Each Environment has a single highest permitted Measure of Use, which is either the (a) free rights
granted by this Agreement, or (b) a higher Measure of Use permitted by an Expanded License acquired
under this Agreement. Any subsequent purchase of an Expanded License under this Agreement adds to
the highest permitted Measure of Use from previous purchases.
The correct highest permitted Measure of Use is not cumulative with the limited free use. For example,
installing BSC on ten (10) Machines requires an Expanded License for ten (10) units, not six (6).
When an Expanded License is purchased, Bitvise will send you a "License Code". Mere possession of a
License Code does not imply an Expanded License. It is not mandatory that an Environment apply a
License Code to all its BSC installations, but applying the License Code may be required to enable
features not present when BSC is used without a License Code.
Any License Code in your possession must be made available only to persons who require it to

administer BSC installations on Machines in the Environment, and must be protected securely against
access by third parties and unauthorized personnel.
3. Rights. You may use BSC in accordance with this Agreement in any way you see fit to the extent
permitted legally where such use is taking place. You may move your BSC installations to different
Machines, by removing BSC from the Machine on which it was previously installed and installing it again
on the other Machine. You may delete the License Code of an activated BSC installation from the
registry location where it is stored. You may create copies of the BSC distributable, as well as any or all
of BSC's parts or components, as a backup for your own use in the future.
You may not use BSC beyond the scope legally permitted where such use is taking place. You may not
use BSC beyond the Measure of Use permitted in your Environment. You may not attempt to circumvent
the BSC activation process in any way without advance, specific and written approval from Bitvise. You
may not reverse engineer or disassemble or modify BSC or any of its parts or distributables in any way
without advance, specific and written approval from Bitvise. You may not provide a copy of BSC or of
any of its parts or distributables to a third party without advance, specific and written approval from
Bitvise.
4. Ownership. You agree that this Agreement does not convey to you any ownership interest in BSC,
and that you are merely granted the license to use it, which is revoked if you breach your obligations
arising from this Agreement, in accordance with Section 9 (Term and Termination).
5. Support and Upgrades. If payment in full has been made for an Expanded License, Bitvise will, for
one year, provide free access to upgrades and newly released versions, and free email and online-forum
support. In subsequent years, Bitvise offers support and upgrades at an annual rate not higher than 20
percent of the current price for the permitted Measure of Use in your Environment. Support includes
answering questions arising from use of BSC.
6. Non-Renewal of Support and Upgrades. If you choose not to extend the Support and Upgrades
beyond the first year, Bitvise reserves the sole and unlimited discretion to provide any access to Support
and Upgrades.
7. Indemnification. In return for the payment in full of fee for an Expanded License, Bitvise will
indemnify you and your officers, directors, agents, employees, and direct and indirect end user
customers against all claims, actions, judgments, awards, expenses (including reasonable attorney's
fees) and damages awarded or agreed by Bitvise to be paid in settlement arising from a claim asserting
that an unaltered release of BSC including any modifications or enhancements (collectively the
"Indemnified Software") released by Bitvise to the public during the term of this Agreement and used in
accordance with the terms of this Agreement infringes a third-party copyright, trade secret, a U.S.
patent, or a European Patent Convention patent, so long as you give Bitvise (a) prompt written notice of
such claim or action; (b) the right to control and direct the investigation, preparation, defense, and
settlement of the action; and (c) reasonable assistance and information. If a final injunction is obtained
against your right to continue using the Indemnified Software or, if in Bitvise's opinion the Indemnified
Software is likely to become the subject of a claim, Bitvise shall have the option to (i) obtain the right for
you to continue using the Indemnified Software; or (ii) replace or modify the Indemnified Software so
that it no longer infringes but functions equivalently and the replacement software does not affect the
form, fit or function (including interoperability) of the Indemnified Software. If Bitvise determines that
neither of these alternatives is practicable after sustained and reasonable efforts, Bitvise shall remove

the infringing portion and refund to you an applicable portion of the monies you paid for the affected
software less depreciation for use assuming straight line depreciation over a five-year useful life.
8. Assignment. This Agreement will bind and inure to the benefit of each party's permitted
successors and assigns. However, you may not assign this Agreement in whole or in part, or transfer to a
third party the license or any of the rights or obligations granted to you through this Agreement, unless
explicitly permitted to do so by Bitvise in this Agreement or separately in writing. Any attempt to assign
this Agreement or transfer such license or obligations or rights without Bitvise's explicit written
permission will be void and null.
Note that Section 2 (License) specifically allows you to transfer your BSC license when you transfer an
Environment in whole.
9. Term and Termination. This Agreement remains valid and in force indefinitely as long as you
continue to use BSC on any Machine, or continue to have any copies of BSC, any of its parts or
distributables stored on any Machine or storage facility in your possession or control.
You may terminate this Agreement unilaterally at any time, and with immediate effect, if you have
already removed or made irreversibly inoperable all copies of BSC and any of its parts or distributables
residing on any Machines or media in your possession or control.
This Agreement is terminated automatically, and with immediate effect, if you breach any of your
obligations according to this Agreement, and fail to cure the breach within thirty (30) calendar days of
discovering the breach. In this case, you must cease to use BSC immediately, and must immediately
remove or make irreversibly inoperable all copies of BSC and any of its parts or distributables residing on
any Machines or media in your possession or control.
10. Limitation of Responsibility. You agree that you shall not hold Bitvise responsible or liable:
for any damage or harm caused or arising through anyone's use, misuse or attempted use of BSC,
including but not limited to any failure of or within BSC, any programming error in, triggered by or
related to BSC, or any incorrect or illegal use of BSC. You assume the entire risk of the results and
performance of your BSC installations;
for any damage or harm caused by a technical or administrative problem on the recipient's or
intermediary's behalf that cannot reasonably be cured by Bitvise, including but not limited to any
DNS or mail server issue or a problem with a proxy, a firewall, email filtering or another network
device.
Furthermore, you agree that, except for indemnification obligations under Section 7, Bitvise's total
liabilities, if any, arising from this Agreement or BSC shall not exceed the amount actually paid to Bitvise
for BSC's use in your Environment. Any use of BSC that requires greater assurance is at your own risk
and responsibility.
11. Headings. Headings and captions are for convenience only and are not to be used in the
interpretation of this Agreement.
12. Governing Law, Jurisdiction and Venue. This Agreement shall be governed by the laws of England.
Each party agrees that any suit that it brings in relation to this Agreement shall be brought in a court
sitting in England, and that venue is proper in England. Each party agrees not to dispute the personal

jurisdiction of a court sitting in England.

13. Severability. If any provision of this Agreement is adjudged by any court of competent
jurisdiction to be unenforceable or invalid, and that provision is capable of being limited or eliminated
without destroying the material economic incentives of the parties embodied by this Agreement then
such provision shall be so limited or eliminated to the minimum extent necessary so that this Agreement
shall otherwise remain in full force and effect and enforceable.
14. Survival. The following provisions shall survive termination of this Agreement: Section 1
(Definitions), Section 3 (Rights), Section 4 (Ownership), Section 7 (No Assignment), Section 9 (Term and
Termination), Section 10 (Limitation of Responsibility), Section 11 (Headings), Section 12 (Governing
Law, Jurisdiction and Venue), Section 13 (Severability), Section 14 (Survival), Section 15 (Waiver), Section
16 (Complete Agreement and Modification).
15. Waiver. No failure to exercise or delay in exercising any right under this Agreement will operate
as a waiver of that right, nor will any single or partial exercise of any right or power preclude further
exercise of that right or any other right.
16. Complete Agreement and Modification. This Agreement constitutes the complete and only
agreement of the parties with respect to its subject matter, to be superseded or modified only by a
written document that refers specifically to this Agreement and is signed by both parties.