SmoothWall software products are published by SmoothWall Ltd. ("SmoothWall"). SmoothWall CDROM images and distribution packages are the copyright property of SmoothWall Ltd. 2001-2007. SmoothWall is a registered trademark of SmoothWall Ltd. in the United States of America, the United Kingdom the European Union and other countries.

SmoothWall products contain software components released under more than one license. Software components, including graphics and documentation, which were developed either by the staff of SmoothWall or for and on behalf of SmoothWall are released under proprietary SmoothWall software license (the "License"). Other components are the property of their original authors and are supplied under the terms of the original license, including the GNU General Public License Version 2 (GPL) (see: www.gnu.org/licenses/gpl2.html). Any changes that SmoothWall has or might make to such GPL components will be made freely available, including the source, as required by the GPL. SmoothWall software released under a proprietary license only links to libraries supplied under the GNU Lesser General Public License (LGPL) (see: www.gnu.org/licenses/lgpl.html), including but not limited to 'libc' and 'libnewt'. Thus these SmoothWall components are not GPL and are subject to a proprietary license. However it is company policy and practice that proprietary software may be made publicly available at a later date.

SmoothWall thanks Toni Kuokkanen for creating the SmoothWall logo. Linux is a registered trademark of Linus Torvalds. All other products, services, companies, events and publications mentioned in this document, associated documents and in SmoothWall software may be trademarks, registered trademarks or servicemarks of their respective owners in the UK, US or other countries.

1. SmoothWall grants you (the "Licensee") a non-exclusive, non-transferable License to 'Use' one copy of the 'Software' for which you have paid the relevant license fee. The software comprises all proprietary program code and graphical images that have been created by the employees of SmoothWall or by third parties. Third parties that have supplied proprietary components have either been paid for doing so and the copyright of such work vests with SmoothWall, or SmoothWall has licensed the components for use in its products. 'Use' means storing, loading, installing, executing or displaying the Software. You may not modify the Software or disable any of its licensing or control features.



2. By the "Use" of the Software the Licensee agrees to the terms of the License. If the Software is being used by an entity, the individual indicating agreement to these terms represents and warrants that (a) such individual is duly authorized to accept the License on behalf of the entity and to bind the entity to the terms of this License; (b) the entity has the full power, corporate or otherwise, to enter into the License and perform its obligations under the License and; (c) the License and the performance of the entity's obligations under the License do not violate any third-party agreement to which the entity is a party.



3. The Software may be installed on a hardware appliance (the "Product") supplied by SmoothWall which is subject to a separate SmoothWall Limited Hardware Warranty.



4. It is forbidden to disseminate, reproduce or distribute any proprietary components of the software without the prior written consent of SmoothWall or the copyright holders.



5. The Proprietary elements of the Software developed on behalf of SmoothWall are owned by and are the copyright property of SmoothWall. Your License confers no title or ownership in the SmoothWall Software or any software supplied by SmoothWall and is not a sale of any rights in any software.



6. If the Licensee is unsure which components of the Software are proprietary or which license applies to a particular component then they should contact SmoothWall for clarification.



7. The Software is sold without warranty under the terms of this License. Subject to the provisions of applicable law, SmoothWall disclaims all warranties in relation to the Software and services provided by SmoothWall, including all warranties given or implied by law or by statute in relation to merchantable quality and fitness for purpose. In no event will SmoothWall be liable for loss of data, or for direct, special, incidental or consequential loss (including loss of profit) or any other damage, whether based in contract, tort or otherwise.



8. The Software may be used for personal and commercial purposes if the copyright and license terms of the installed packages and programs are observed. The use of the software, even if it has been modified in any way, does NOT exempt the Licensee from the duty to take due care with regard to the license terms of the packages or programs installed through software published by SmoothWall.



9. SmoothWall reserves the right to terminate this License without notice in the event of the Licensee being in breach of a material obligation and does not remedy this within 21 days of having received written notice thereof.



10. SmoothWall may terminate this License if the Licensee fails to pay for the Software within 14 days from receipt of written notice of late payment, following expiry of the payment period specified on the invoice from SmoothWall or its Authorized Partner.



11. The Licensee agrees to keep the software up-to-date with all patches and updates issued by SmoothWall.



12. The Licensee must not install any third party software or components on the same computer as SmoothWall supplied software without the prior written agreement of SmoothWall.



13. The Licensee must ensure that the Software is installed on computer hardware that is compliant with any hardware requirements specified on the www.smoothwall.net website.



14. The Licensee must ensure that the computer on which the Software will be installed does not contain and data or information, the loss of which would cause damage to the Licensee.



15. The Software will periodically report hardware, configuration and usage information to SmoothWall. No personal information is included. The Licensee agrees to the gathering of this information, storage and sharing with SmoothWall partners.



16. The License and any associated SmoothWall Limited Hardware Warranties constitute the entire agreement between SmoothWall and the Licensee governing the use of the Software and replaces any previous written or oral agreement between the parties.



17. If any of the terms or provisions of this License are or become invalid or unenforceable then they shall be deemed severable and all other terms and conditions shall remain in full force and effect.
    
    
18. SmoothWall may discontinue support for the Software, following six months notification on the www.smoothwall.net website, either after the release of two newer versions of the software, or should the Software become un-supportable for reasons beyond the control of SmoothWall.



19. The Software and any associated documentation may not be exported or transferred, either directly or indirectly, to any country which is prohibited by UK or US export laws and regulations.



20. The proper law applicable to this License is English law and the parties hereby submit to the exclusive jurisdiction of the English Courts in relation to any claim or matter arising from this License or the use of the Software.



21. The current Terms and Conditions of Business of SmoothWall apply, which can be viewed at: http://www.smoothwall.net/company/terms.php



22. SmoothWall reserves the right to change this license at any time. This license was last updated on 13th November 2007. For the latest information and software licenses see: http://www.smoothwall.net/company/copyrights.php.