END USER LICENSE AGREEMENT
MOBAXTERM PROFESSIONAL EDITION
MobaXterm Professional Edition software package is distributed under the Mobatek end user license agreement (section 1).
MobaXterm software makes use of third-party components which are distributed under their own licenses (section 2) and embeds an X server which is distributed under its own license (section 3).
Some additional plugins can be used to improved MobaXterm: they are distributed under their own license. The exact distribution terms for each plugin are described in the individual source code packages at http://download.mobatek.net/sources/plugins.
Section 1. MobaXterm license
Section 2. Third-party components licenses
Section 3. Embedded X server
Section 1. MOBAXTERM PROFESSIONAL END USER LICENSE AGREEMENT
This section applies to MOBAXTERM PROFESSIONAL EDITION software except for third-party libraries, programs, or components which are identified hereunder and in the About section of MOBAXTERM and hereunder and which are distributed under their own license.
All of the items relating to this End User License Agreement (in particular software, source code, applications, etc.) remain the sole property of MOBATEK. The Licensee will not acquire any other right for these items other than those which are expressly granted to it in these Terms of Use.
1. FIELD OF APPLICATION
The present END USER LICENSE AGREEMENT (the "General Conditions") define the conditions under which the company MOBATEK, a limited liability company with a capital of € 3.000 whose registered office is located at 15 chemin de la Crabe, 31300 Toulouse - FRANCE, registered with the Trade and Companies Register of Toulouse under no. 502.869.258 ("MOBATEK"), will grant the Customer (collectively the "Parties") a License or several Licenses to the Software and will provide the relevant Update.
These General Conditions shall apply automatically and in full to any License and Update Order made on the Website and shall prevail over any purchase conditions of the Customer which are unenforceable on MOBATEK.
2. DEFINITIONS
Under these General Conditions, the terms listed hereinafter shall have the following meanings:
Customer: means any physical or legal person, acting as Consumer or not, who has placed an Order.
Order: means the Customer's acquisition of one or more Licenses to the Software and/or the associated Update from MOBATEK.
Consumer: means any physical person who acts for purposes which are not within the scope of his/her commercial, industrial, craft, liberal or agricultural activity.
Personal Data: means any information related to an identified or identifiable physical person.
Customer Area: means the interface reserved for Customers and accessible to the latter by means of the access codes provided by MOBATEK during the Order Confirmation, in order to enable them to access the page containing the download link as well as the Software License key.
Force Majeure: means an event beyond the control of a party which could not be reasonably foreseen by the latter at the time of the conclusion of the present agreement and the effects of which cannot be avoided by appropriate measures, including in particular blockage, disruption, congestion of telecommunication networks, poor quality of electricity, natural disasters, lightning, flooding, extreme weather, acts of terrorism, fire, explosions, earthquakes, war, insurrections or disturbances of public order, strikes and labor disputes of any kind, acts or decisions of the government or other relevant regulatory authorities, or compliance with them.
License: means the license to use the Software granted by MOBATEK to the Customer.
Software: means the "MobaXterm Professional Edition" software published by MOBATEK.
Update: means the corrective and upgrading update service for the Software provided by MOBATEK to the Customer within the framework of an Order.
Website: means the website operated by MOBATEK accessible at the address "mobatek.net", as well as its sub-domains "mobaxterm.mobatek.net", "download.mobatek.net", "blog.mobatek.net" and "ccc.mobatek.net".
3. SOFTWARE LICENSE CONDITIONS
3.1. Description of the Software
The Software includes many features that allow the user to access and manage remote computing environments within a single application running on a Windows operating system.
In particular, the Software allows its user, via a tabbed terminal:
• to remotely manage several distance sessions (SSH, RDP, VNC, XDMCP, FTP, SFTP, etc.);
• to have an X server, and various network tools (packet manager, port analysis, SSH tunnel, etc.);
• to remotely control computers running Unix and Windows operating systems.
Detailed specifications of the Software and its features are presented on the Website.
While ensuring the greatest care and accuracy in the information posted online relating to the Software, MOBATEK shall not be held liable in the event of non-substantial errors contained in said information, which the Customer acknowledges and accepts.
Customers further recognize having received from MOBATEK sufficient information to ensure the compatibility of the Software with their equipment (hardware, configurations, etc.) and the suitability of its features to their needs as determined by themselves. MOBATEK will not be held responsible in the event of incompatibility of the Software with the equipment and/or the needs of the Customer, which the Customer acknowledges and accepts.
3.2. Conditions of use
The License is granted per-user (physical person) and not per-computer.
The Customer is therefore obliged to purchase a number of Licenses equal to the number of end users (physical persons) who are required to use them, even in the case of non-simultaneous use.
Consequently, and by way of example:
• The Customer is authorized to purchase a single License to use the Software when used by a single end user, even if it is installed on three different computers.
• The Customer must purchase fifty Licenses to use the Software if it is used by fifty end users, even if installed on a single computer.
3.3. License duration
MOBATEK grants the Customer an irrevocable right to use the purchased Software version, even if the Customer does not renew the Update service at maturity.
3.4. Intellectual property
The Software and each of its components (such as its structure, organization and source codes) and its documentation available on the Website are protected worldwide by the intellectual property rights and personality rights in force or any other law, and are, unless otherwise stated, the exclusive property of MOBATEK or are used with the authorization of their holder or under a License agreement.
Nothing in this License shall be construed as expressly or implicitly conferring any intellectual property rights of any kind with respect to the Software, its components and/or its content.
3.5. Updates
Pursuant to Article 4 General Conditions herein, MOBATEK may release new versions of the Software in order to improve it, remove or add new features or resolve bugs from earlier versions.
Any new version of the Software will replace the previous version and remains subject to this License, as well as to these General Conditions.
3.6. Verification
MOBATEK is entitled to verify at any time that the Customer complies with this License.
As a result, Customers (company or physical person) who have placed their Order as a corporation agree to:
• implement internal procedures to prohibit any copy, distribution or unauthorized use of the Software;
• keep a folder describing the installed, copied or used Software;
• provide to MOBATEK, at its request, a written certification of the versions and the number of installed Software;
In the event that this verification reveals that the Customer installs or uses (or has at any time installed or used) the Software for a greater number than the Software purchased, MOBATEK shall be entitled to invoice the Customer for the supplementary Licenses at a price equal to three (3) times the normal price of the License.
3.7. Third-party components and plugins
The Customer acknowledges and agrees that the Software uses the following third-party components that are distributed under their own Licenses:
• Jedi VCL ("http://jvcl.delphi-jedi.org", "http://jvcl.sourceforge.net"), under License MPL v1.1,
• Graphics32 ("http://graphics32.org") under License MPL v1.1,
• DCPCrypt ("http://www.cityinthesky.co.uk/") under License MIT,
• Synedit ("http://sourceforge.net/projects/synedit") under License MPL v1.1,
• LanManager Unit ("http://www.delphi-jedi.org/") under License MPL v1.1,
• MobaFont, based on DejaVu font ("http://dejavu-fonts.org") under SIL Open Font License,
• MobaFanta Font, based on Fantasque Sans Mono font ("https://github.com/belluzj/fantasque-sans") under SIL Open Font License,
• MobaFira Font, based on Fira Code font ("https://github.com/tonsky/FiraCode") under SIL Open Font License,
• FastMM ("http://fastmm.sourceforge.net"), under License MPL v1.1,
• TChromeTabs ("https://github.com/norgepaul/TChromeTabs") under License MPL v1.1,
• Crystal Clear Icons ("http://www.everaldo.com/crystal") under License LGPL v2.1,
• Oxygen Icons ("https://github.com/pasnox/oxygen-icons-png") under License LGPL v2.1,
• Nuvola Icons ("http://www.icon-king.com/projects/nuvola/") under License LGPL v2.1,
• Drag and Drop ("http://melander.dk/delphi/dragdrop/") under License MPL v1.1,
• MoTTY, based on PuTTY ("http://www.chiark.greenend.org.uk/~sgtatham/putty/") under License ZPL,
• Simon Tatham Puzzle games ("http://www.chiark.greenend.org.uk/~sgtatham/puzzles/") under license MIT,
• Dlfcn-win32 ("https://github.com/dlfcn-win32/dlfcn-win32") under License LGPL v2.1,
• Libwinpthread ("http://sourceforge.net/projects/msys2") under License ZPL,
• Mesa ("http://www.mesa3d.org") under License MIT,
• MinGW-w64-runtime ("http://mingw-w64.yaxm.org") under License Mingw-w64 runtime,
• GCC runtime ("https://gcc.gnu.org") under License GCC runtime library exception,
• MobaX, based on Xorg ("http://www.x.org") under License ZPL.
Some additional plugins may be used to enhance the Software, which are also distributed under their own Licenses, which the Customer recognizes and accepts. These plugins can be consulted at "mobaxterm.mobatek.net/plugins.html" or through the MobApt Package Manager available within the Software.
3.8. Permissions
3.8.1. Right of analysis
The Customers and/or end users (physical persons) on whose behalf they act, have the right to observe, study or test the functioning of the Software in order to determine the ideas and principles which are the basis of the Software, when performing the loading, display, execution, transmission or storage of the Software.
3.8.2. Right of decompile or disassemble
The Customer and/or end users (physical persons) on whose behalf they are acting are authorized to decompile or disassemble the Software, reproduce the code or translate the form of the Software Code for the sole purpose of making the Software interoperable with other software; the decompile or disassemble of the Software for any other purpose being formally prohibited.
However, before performing any act of decompile or disassemble, the Customer shall inform MOBATEK of his/her intention. MOBATEK will then have a period of fifteen (15) days to confirm its consent according to the intentions of the Customer. The Customer must therefore formally refrain from any act of decompile or disassemble during this period.
3.8.3. Backup copy
The Customer and/or end users (physical persons) on whose behalf he/she is acting, are authorized to each make a single copy of the Software for backup and archiving purposes only and on condition that any copy of such identification mark and any intellectual property rights notice as may appear on the original software will be reproduced on this copy.
3.9. Restrictions
Subject to the aforementioned authorizations and the reservations provided for hereinafter, the Customer and/or the end users (physical persons) on whose behalf he/she acts, is/are not authorized and may not authorize third parties to:
• cede the Software without the express prior written consent of MOBATEK;
• use, copy, or transfer the Software except as expressly permitted by this License;
• distribute the software without the prior express consent of MOBATEK;
• rent, lend, sub-License or otherwise deal in the Software;
• translate the Software;
• remove, change, hide any identifying mark or any intellectual property rights or other proprietary notices in the Software;
• modify, adapt, merge, disassemble, decompile the Software in any way.
This list is merely indicative and not exclusive of any act of the Customer and/or end users (physical persons) on whose behalf he/she acts, which could infringe the ownership rights of MOBATEK.
4. SOFTWARE UPDATE CONDITIONS
4.1. Description of the Update service
MOBATEK provides a Software update service to the Customer
MOBATEK will make available to the Customer any updates to the Software that may be published by MOBATEK, to improve the Software, remove or add new features, or resolve some bugs from earlier releases.
MOBATEK will provide to Customers, on their dedicated page of their Customer Area, an electronic download link and a license key for any new version of the updated Software, identifiable by means of a new identification number; accompanied by a presentation of the new features and functionality of this new version, which will also be presented on the MOBATEK blog accessible at the address "blog.mobatek.net".
MOBATEK reserves the right to accept or reject any modifications of the Software including in the event of an explicitly deferred malfunction. Furthermore, MOBATEK reserves the right to add and the right to remove features of the Software.
4.2. Duration of the Update service
The Update service is by default valid for a period of one (1) year from the date of receipt of the Order Confirmation. The Customer can request to have a longer Update service by contacting MOBATEK.
In the sixty (60) days prior to the expiry of the term of the Update service, MOBATEK will send e-mails to the Customer asking if he/she wishes to renew this service for an additional one (1) year.
The e-mail will mention the price of the renewal and the terms of payment.
In the absence of an express renewal of the Update service, it will automatically terminate and the Customer will no longer have access to the page containing the download link as well as the License key of the Software on the Customer Area. The Customer will therefore be required to download the Software and retain his/her License Key in the event of a subsequent installation of the Software upon expiration of the Update service.
5. Not used
6. Not used
7. Not used
8. PERSONAL DATA
8.1. Processing of personal data collected
To execute the Order, MOBATEK is obliged to collect, via forms, personal data concerning the Customer. If the Customer does not wish to provide the information requested by MOBATEK and marked with an asterisk (*) as being mandatory, MOBATEK will not be able to process the Customer's Order. MOBATEK commits itself to collect only Personal Data strictly necessary to the execution of an Order and therefore these General Conditions.
The personal information collected shall be subject to computer processing intended for MOBATEK, and are necessary for recording, processing and tracking Orders. These collected Personal Data are treated in accordance with the “loi informatique et liberté" of 6 January 1978 of French law, and with the General Data Protection Regulation (GDRP) 2016/679 of the 27th of April 2016, taking into force on the 25th of May 2018.
Collected Personal Data are deleted after three (3) years from the end of the business relationship. MOBATEK can proceed to an archiving of certain Personal Data to answer legal or regulatory obligations. These Personal Data are deleted when the reasons justifying the conservation is no longer necessary or appropriate.
In accordance with the legislation, the Customer has a right of access, of rectification to personal data concerning him/her. The Customer has also the right of opposition, for legitimate reasons, object to the processing of data concerning him/her when these Personal Data are not essential to the execution of an Order and these General Conditions, and also has a right of his/her Personal Data portability.
The entire Personal Data is stored inside the European Union. MOBATEK will inform the Customer in case of an incident related to the Personal Data.
Any Customer who proves his/her identity may exercise his/her rights of access, modification, deletion or portability of his/her Personal Data, by contacting MOBATEK using the following contact details:
By the contact form: "mobaxterm.mobatek.net/contact.html"
By e-mail: contact@mobatek.net
By post: MOBATEK SARL
Personal data
15 chemin de la Crabe
31300 TOULOUSE
FRANCE.
These Personal Data may be disclosed to MOBATEK's third-party technical service providers, involved in the progress of the Order (including the PayPal online payment service provider) who engaged themselves to treat them as per MOBATEK’s instructions, only for the (final) purpose of their task, also guaranteeing their confidentiality, security and conservation.
On the other hand, this information shall in no way be provided to third parties providing non-technical services such as external marketing or advertising companies.
8.2. Accuracy of information provided
The Customer undertakes to provide up-to-date, complete and accurate information in the forms provided for this purpose when placing and validating the Order and agrees to update this information as soon as possible after they change, directly from his/her Customer Area or through MOBATEK customer service using the contact details specified in Article 10 of these General Conditions.
MOBATEK shall not be held liable in any way whatsoever if the information provided by the Customer, in particular during Order placement and validation, is inaccurate, incomplete or obsolete and/or does not allow MOBATEK to process his/her Order, and/or leads to a delay in the delivery of the Order Confirmation; which the Customer acknowledges and accepts.
9. SECURITY AND ACCESSIBILITY
9.1. Access codes
The access codes provided to the Customer by MOBATEK during Order Confirmation are strictly confidential and therefore must not be disclosed to third parties, other than employees or workers who need to know them as end users (physical persons), in accordance with Article 12 herein.
Customers are entirely responsible for their access codes and any activity taking place in their Customer Area. Customers agree to immediately notify MOBATEK of any unauthorized use of their Customer Area or any other breach of Website security that they may have knowledge of.
MOBATEK shall not be held liable for any damage suffered by the Customer as a result of use by any other person of his/her access codes and/or his/her Customer Area, whether or not the Customer has knowledge of this use; which the Customer acknowledges and accepts. The Customer's liability may be incurred if MOBATEK or third parties suffer damage resulting from use by any other person of his/her access codes and/or his/her Customer Area.
MOBATEK reserves the right to change all or part of the Customer's access codes, for technical or security reasons. The Customer will then be informed by e-mail.
9.2. Accessibility of the Website and the Customer Area
The right of access and use of the Customer Area is strictly limited to the duration of the current Update service.
However, the Customer acknowledges and agrees that access to his/her Customer Area and therefore to the page containing the download link and license key of the Software:
• may be suspended and removed by MOBATEK under the conditions set out in Article 14 of these General Conditions,
• will be automatically removed by MOBATEK on the expiry date of the Update service, unless renewed under the conditions set out in section 4.1 herein.
The goal of MOBATEK is to provide access to the Website and to the Customer Area twenty-four (24) hours a day, seven (7) days a week (7).
However, access to the Website and the Customer Area may be suspended at any time and without notice, in particular as a result of accidents, breakdowns or paralysis of the network, as well as the necessary maintenance and correction operations for updating and maintaining the Website and the Customer Area; which the Customer acknowledges and accepts.
MOBATEK shall inform the Customer, to the extent possible, of the existence and duration of the suspension. MOBATEK shall endeavor to carry out such maintenance and correction operations at times when the Website is least used; it being specified that impossibility of access to the Customer Area does not interfere in any way with use of the Software.
MOBATEK shall take reasonable security measures to ensure the physical protection of the Website and the Customer Area. The Customer undertakes not to impede access to and the proper functioning of the Website and the Customer Area in any way whatsoever, especially by means of fraudulent computer activities capable of damaging them.
MOBATEK shall not be held liable for any events or damages beyond its control which could arise and which could damage the Customer's computer environment used to access the Website and the Customer Area.
10. CUSTOMER SERVICE
In the event of problems with the Order, problems of access to the page containing the Software download link or if the download link provided is not functional, the Customer is invited to contact MOBATEK customer service using the following contact details:
By the contact form: "mobaxterm.mobatek.net/contact.html"
By e-mail: contact@mobatek.net
By post: MOBATEK SARL
Customer Service
15 chemin de la Crabe
31300 TOULOUSE FRANCE.
11. INTELLECTUAL PROPERTY OF THE WEBSITE
The Website and each of its components (such as texts, photographs, trademarks, logos, illustrations, animations, graphic representations, diagrams, videos, domain names, source codes, etc.) are protected worldwide by the intellectual property rights and personality rights in force or any other law, and are, unless otherwise stated, the exclusive property of MOBATEK or are used with the authorization of their holder or under a License agreement.
Reproduction of any material published on the Website is authorized solely for the purposes of information for strictly personal, domestic, educational and private use and provided that no change is made to the Website content and that the trademarks and components protected by a copyright are kept intact.
However, reproductions of the MOBATEK logo, screenshots and descriptions of the Software available on the Website are permitted, provided that the source is clearly and legibly marked as follows: "This document originates from the website "mobaxterm.mobatek.net". Reproduction rights are reserved and strictly limited." The internet address of the Website must be included in the reference. For any other use, the express and prior agreement of MOBATEK must be requested.
Any other use of all or part of the Website and/or its contents, in any way whatsoever, including by download, reproduction, transmission, representation, distribution, display, dissemination, integration to a derivative work and any copying of this content for other purposes, in particular public and/or commercial purposes or any alteration of the whole or part of the Website are strictly forbidden, save with the express and prior consent of MOBATEK.
Nothing in these General Conditions and, where applicable, in any Special Conditions shall be construed as conferring any License or any other right to the Website, its components and/or its content, either explicitly or implicitly.
12. CONFIDENTIALITY
Each of the Parties is obliged:
• to keep confidential any information considered as such that it may receive from the other Party in the execution of these General Conditions (the "Confidential Information");
• not disclose the Confidential Information of the other party to any third party, other than employees or agents who need to know them as end-users (physical persons) and, consequently, to undertake to ensure compliance with this commitment by the latter
• to use the Confidential Information of the other party only to exercise its rights and fulfill its obligations under these General Conditions.
13. GUARANTEE AND LIABILITY
THE TERMS OF THIS ARTICLE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY REGULATIONS. MOBATEK PROVIDES THE CUSTOMER WITH THE PROTECTION AND ADVANTAGES PROVIDED BY ANY REGULATIONS OR ANY APPLICABLE LEGAL GUARANTEE.
13.1. Guarantee
For a period of thirty (30) days from the date of receipt of the Order Confirmation, MOBATEK guarantees the Customer that the Software shall function correctly and be executed in accordance with the documentation provided on the Website, when used as directed by MOBATEK.
This warranty shall not apply if the failure of the Software results from failure to comply with the conditions of use prescribed by MOBATEK, modification of the Software and its technical characteristics, abnormal use, viruses, negligence or accident or where the version of the Software used is not the latest version available.
In order to assert its rights under this guarantee, the Customer must explain in detail to MOBATEK the defect found and enclose with his/her request a proof of purchase of the defective Software.
The liability of MOBATEK and Customer's exclusive remedy under this guarantee is limited, at the option of MOBATEK, to:
• replacement of the defective Software (by providing a new download link for the Software in the Customer Area if available), or
• refund of the price paid on the Order for the purchase of the afore-mentioned Software.
Any replaced Software is covered by this warranty for the remaining period of the original warranty.
The Software shall be reimbursed as soon as possible and no later than thirty (30) days after the date on which the right to the guarantee has been exercised. Reimbursement shall be made on the proposal of MOBATEK by payment into the Customer's PayPal account or into the bank account used at the time of payment.
13.2. Liability
Any implied guarantee, including any guarantees of merchantability or fitness for a particular use or purpose, is limited by the express guarantees of these General Conditions.
MOBATEK shall in no event be liable to the Customer or any third party for the occurrence of any indirect damage whatsoever resulting from computer viruses and/or related in particular to the use of the Software, the Website or the internet, Customer Area, such as loss of profits, data or information of any kind, uncompleted savings, trouble or action directed against the Customer by a third party, even if MOBATEK has knowledge of the possibility of such damages, which the Customer acknowledges and accepts.
Concerning provision of the Update service, the obligations of MOBATEK are obligations of means, and in no case of result.
In any circumstances, the liability of MOBATEK to the Customer for direct damages (whether these damages have a negligent or contractual cause) may not in any case exceed the amount of the price paid by the Customer for the License giving rise to the action.
Finally, the liability of MOBATEK may under no circumstances be sought for any use of the Software contrary to these General Conditions or any applicable national and international laws and regulations, as well as in case of fraudulent use of the Software by the Customer.
14. SUSPENSION - TERMINATION
14.1. Termination for breach
In the event of a breach by the Customer of one of his/her contractual obligations as defined in these General Conditions and, where applicable, the Particular Conditions, not repaired within eight (8) days following a written notice of default in question, MOBATEK may automatically terminate the current License(s) and the associated Update service, without any formality, and without prejudice to any damages and interest which MOBATEK may claim.
14.2. Suspension
In the event of a breach by the Customer of one of his/her contractual obligations as defined in these General Conditions not repaired within eight (8) days following a written notice of failure in question, MOBATEK may suspend the License(s) in progress and the associated Update service, and in particular block the Customer's access to his/her Customer Area and thus the page containing the Software download link.
MOBATEK may re-initiate access to the License and the Associated Update service subject to full and complete reparation for the breach that gave rise to the suspension.
14.3. Subsistence
The expiration or termination of the License or the Update service shall in no way affect the rights or obligations of any party under any provision of these General Conditions by its meaning and context, intended to subsist after such expiration or termination, including in particular by virtue of Articles 3.3, 3.4, 11, 12 and 13.
15. FORCE MAJEURE
In case of occurrence of a Force Majeure event, fulfillment of the obligations assigned by the latter shall be automatically suspended, with the party concerned being obliged to inform the other party in writing as soon as possible after the occurrence of the event.
In the event of Force Majeure of more than sixty (60) days, the License or the Update service will automatically terminate without compensation of any kind whatsoever.
16. GENERAL PROVISIONS
16.1. Non-waiver
The fact of MOBATEK not exercising or enforcing or delaying exercise of any right or provision of these General Conditions shall not constitute a waiver of such right or provision. Any waiver shall be effective only if it is expressed in writing by MOBATEK.
16.2. Autonomy
If any of the provisions of these General Conditions are found to be unnecessary or without object and/or void or unenforceable under any legal or regulatory provision or judicial decision that has become final, such provision shall be deemed to be unwritten and interpreted in compliance with the applicable legislation to reflect the initial intentions of MOBATEK, without invalidating the other provisions.
16.3. Entirety
These General Conditions and any rules or instructions published online regarding the License and the Software Update shall constitute the entirety of the applicable contractual arrangements between the Customer and MOBATEK.
16.4. Amendments
MOBATEK reserves the right to amend the present General Conditions at any time, without notice, and in its sole discretion. In addition, the General Conditions applicable to the Customer will be those in force at the time of Order placement.
16.5. Cession
Unless otherwise authorized by MOBATEK, the Customer is expressly forbidden to assign or transmit to any third party, even gratuitously, all or part of the rights and/or obligations that it holds of these General Conditions.
MOBATEK is entitled to assign, transfer or otherwise dispose of its rights and obligations under these General Conditions, in whole or in part, at any time and without notice.
17. APPLICABLE LAW
THE PRESENT GENERAL CONDITIONS AS WELL AS PURCHASE AND SALE OPERATIONS RESULTING THEREFROM ARE EXCLUSIVELY REGULATED BY FRENCH LAW, without application of the rules relating to conflicts of laws and this regardless of the country of execution of the Order.
18. DISPUTES
18.1. Complaints
For any complaint concerning his/her Order, the Customer is invited to contact MOBATEK customer service using the contact details specified in Article 10 of these General Conditions.
18.2. Mediation
In the event of a persistent problem that has not been resolved by MOBATEK customer service, Customers having the status of Consumer may have recourse to any competent mediation service which will try, independently, to reconcile the Parties in order to reach an amicable solution.
In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an online dispute resolution platform accessible at the following address "https://webgate.ec.europa.eu/odr/", to collect any complaints from Consumers following an online purchase and then forward them to the competent national mediators.
18.3. Competent courts
In the absence of an amicable agreement between the Customer and MOBATEK, and for any dispute of whatever nature to which these General Conditions and the resulting purchase and sale transactions give rise, THE PARTIES EXPRESSLY RECOGNIZE THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE REGISTERED OFFICE OF MOBATEK, INCLUDING FOR PREVENTIVE PROCEEDINGS, EMERGENCY PROCEEDINGS, INTERLOCUTORY PROCEEDINGS, INTRODUCTION OF THIRD PARTIES, APPLICATION OR MULTIPLE RESPONDENTS.
Section 2. Third-party components licenses
This section details licenses for components sourced external to MobaXterm. These licenses allow MobaXterm to be distributed under its own license.
2.1. Jedi VCL: components package for Delphi
The JVCL is licensed under the Mozilla Public Licence ("MPL") version 1.1.
JVCL's implementation of the MPL allows developers to use its code in their applications ("Larger Work") regardless of whether the intended distribution will be in the public domain or as commercial applications, as long as the licence conditions are met. For a more detailed explanation, an annotated version of the MPL is available.
2.2. Graphics32: component for Delphi
- Website: http://graphics32.org
- Copyright: For a list of contributors please have a look into the Graphics32.chm file or the Graphics32 HTML documentation.
- License: MPL v1.1
- Source code: available here
2.3. DCPCrypt: components package for Delphi
DCPcrypt is open source software (released under the MIT license) and as such there is no charge for inclusion in other software. However, I am currently a student and if you are making money from my software I would really appreciate a donation of some sort, whether financial or a license for the software you develop (or if anyone wants to sponsor a Mathematical Modelling (Masters) student for their final year...). Please note THIS IS NOT COMPULSORY IN ANY WAY. See
http://www.cityinthesky.co.uk/cryptography.html for details on financial donations.
2.4. SynEdit: components package for Delphi
The Original Code is based on the mwEditSearch.pas file from the mwEdit component suite by Martin Waldenburg and other developers. Portions created by Martin Waldenburg are Copyright 1999 Martin Waldenburg. Unicode translation by Maël Hörz. All Rights Reserved.
2.5. LM (LanManager Unit): component for Delphi
- Website: http://www.delphi-jedi.org/
- Copyright: (c) 2000 Petr Vones - (c) 1995-1999 Microsoft Corporation - (c) Project Jedi
- License: MPL v1.1
- Source code: available here
- Copyright/license notice:
Portions created by Microsoft are Copyright (C) 1995-1999 Microsoft Corporation. All Rights Reserved.
The original file is: lm.h, released July 2000. The original Pascal code is: LM.pas, released 30 Oct 2000. The initial developer of the Pascal code is Petr Vones (petr.v@mujmail.cz).
Portions created by Petr Vones are Copyright (C) 2000 Petr Vones
Obtained through: Joint Endeavour of Delphi Innovators (Project JEDI). You may retrieve the latest version of this file at the Project JEDI home page, located at http://delphi-jedi.org
2.6. Terminal fonts
2.6.1. MobaFont
MobaFont is a monospace font based on "DejaVu Sans Mono".
- Copyright: 2009-2022 Mobatek
- License: MobaFont License
- Copyright/license notice:
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license is available with a FAQ at: http://scripts.sil.org/OFL
This font is based on:
- DejaVu Sans Mono (https://dejavu-fonts.github.io/)
License: Public domain (https://dejavu-fonts.github.io/License.html)
Bitstream Vera Sans Mono Copyright (c) 2003 Bitstream Inc.
- Hack Font (https://github.com/source-foundry/Hack)
License: MIT (https://github.com/source-foundry/Hack#license)
Copyright (c) Source Foundry Authors
- DevIcons (https://vorillaz.github.io/devicons)
License: MIT (https://vorillaz.github.io/devicons/#/about)
Copyright (c) Theodore Vorillas
- FontAwesome Free (https://fontawesome.com/free)
License: SIL OFL (https://fontawesome.com/license/free)
Copyright (c) FontAwesome
- FontAwesome extension (https://github.com/AndreLZGava/font-awesome-extension)
License: MIT (https://github.com/AndreLZGava/font-awesome-extension/blob/master/LICENCE)
Copyright (c) Andre Luiz Gava
- Octicons (https://github.com/primer/octicons)
License: MIT (https://github.com/primer/octicons/blob/master/LICENSE)
Copyright (c) 2022 GitHub Inc.
- Font-Logos (https://github.com/lukas-w/font-logos)
License: Public domain (https://github.com/lukas-w/font-logos/blob/master/LICENSE)
Programming ligatures are derived from: FiraCode (https://github.com/tonsky/FiraCode)
License: SIL OFL (https://github.com/tonsky/FiraCode/blob/master/LICENSE)
Copyright (c) 2014, The Fira Code Project Authors
2.6.2. MobaFira Font
MobaFira is a monospace font based on "Fira Code".
- Copyright: 2021-2022 Mobatek
- License: MobaFira License
- Copyright/license notice:
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license is available with a FAQ at: http://scripts.sil.org/OFL
This font is based on:
- Fira Code (https://github.com/tonsky/FiraCode)
License: SIL OFL (https://github.com/tonsky/FiraCode/blob/master/LICENSE)
Copyright (c) 2014, The Fira Code Project Authors
- DejaVu Sans Mono (https://dejavu-fonts.github.io/)
License: Public domain (https://dejavu-fonts.github.io/License.html)
Bitstream Vera Sans Mono Copyright (c) 2003 Bitstream Inc.
- Hack Font (https://github.com/source-foundry/Hack)
License: MIT (https://github.com/source-foundry/Hack#license)
Copyright (c) Source Foundry Authors
- DevIcons (https://vorillaz.github.io/devicons)
License: MIT (https://vorillaz.github.io/devicons/#/about)
Copyright (c) Theodore Vorillas
- FontAwesome Free (https://fontawesome.com/free)
License: SIL OFL (https://fontawesome.com/license/free)
Copyright (c) FontAwesome
- FontAwesome extension (https://github.com/AndreLZGava/font-awesome-extension)
License: MIT (https://github.com/AndreLZGava/font-awesome-extension/blob/master/LICENCE)
Copyright (c) Andre Luiz Gava
- Octicons (https://github.com/primer/octicons)
License: MIT (https://github.com/primer/octicons/blob/master/LICENSE)
Copyright (c) 2022 GitHub Inc.
- Font-Logos (https://github.com/lukas-w/font-logos)
License: Public domain (https://github.com/lukas-w/font-logos/blob/master/LICENSE)
2.6.3. MobaFanta Font
MobaFanta is a monospace font based on "Fantasque Sans Mono".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license is available with a FAQ at: http://scripts.sil.org/OFL
This font is based on:
- Fantasque Sans Mono (https://github.com/belluzj/fantasque-sans)
License: SIL OFL (https://github.com/belluzj/fantasque-sans/blob/master/LICENSE.txt)
Copyright (c) Jany Belluz (jany.belluz@hotmail.fr)
- DejaVu Sans Mono (https://dejavu-fonts.github.io/)
License: Public domain (https://dejavu-fonts.github.io/License.html)
Bitstream Vera Sans Mono Copyright (c) 2003 Bitstream Inc.
- Hack Font (https://github.com/source-foundry/Hack)
License: MIT (https://github.com/source-foundry/Hack#license)
Copyright (c) Source Foundry Authors
- DevIcons (https://vorillaz.github.io/devicons)
License: MIT (https://vorillaz.github.io/devicons/#/about)
Copyright (c) Theodore Vorillas
- FontAwesome Free (https://fontawesome.com/free)
License: SIL OFL (https://fontawesome.com/license/free)
Copyright (c) FontAwesome
- FontAwesome extension (https://github.com/AndreLZGava/font-awesome-extension)
License: MIT (https://github.com/AndreLZGava/font-awesome-extension/blob/master/LICENCE)
Copyright (c) Andre Luiz Gava
- Octicons (https://github.com/primer/octicons)
License: MIT (https://github.com/primer/octicons/blob/master/LICENSE)
Copyright (c) 2022 GitHub Inc.
- Font-Logos (https://github.com/lukas-w/font-logos)
License: Public domain (https://github.com/lukas-w/font-logos/blob/master/LICENSE)
Programming ligatures are derived from: FiraCode (https://github.com/tonsky/FiraCode)
License: SIL OFL (https://github.com/tonsky/FiraCode/blob/master/LICENSE)
Copyright (c) 2014, The Fira Code Project Authors
2.7. FastMM: component for Delphi
This work is copyright Professional Software Development / Pierre le Riche. It is released under a dual license, and you may choose to use it under either the Mozilla Public License 1.1 (MPL 1.1, available from http://www.mozilla.org/MPL/MPL-1.1.html) or the GNU Lesser General Public License 2.1 (LGPL 2.1, available from http://www.opensource.org/licenses/lgpl-license.php). If you find FastMM useful or you would like to support further development, a donation would be much appreciated.
2.8. TChromeTabs: component for Delphi
The contents of this file are subject to the Mozilla Public License Version 1.1 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.mozilla.org/MPL/
Alternatively, you may redistribute this library, use and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version. You may obtain a copy of the LGPL at http://www.gnu.org/copyleft/.
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
The original code is ChromeTabs.pas, released December 2012.
The initial developer of the original code is Easy-IP AS (Oslo, Norway, www.easy-ip.net), written by Paul Spencer Thornton (paul.thornton@easy-ip.net, www.easy-ip.net).
Portions created by Easy-IP AS are Copyright (C) 2012 Easy-IP AS. All Rights Reserved.
2.9. Cystal Clear Icons: Icons package
2.10. Oxygen Icons: Icons package
2.11. Nuvola Icons: Icons package
2.12. Drag and Drop: components package for Delphi
From http://melander.dk/articles/whythelicense/: If you distribute your software in compiled form, and have used any of my software libraries, you are not required, by me, to publish any source code.
From http://melander.dk/delphi/dragdrop/: The license I'm using allows royalty free, closed source, commercial usage, but you can use the MPL license if you prefer.
2.13. MoTTY: Embedded terminal and SSH client based on PuTTY by Simon Tatham
2.14. Simon Tatham Puzzle games: Lightweight games from Simon Tatham
This game collection is copyright 2004-2012 Simon Tatham (portions copyright Richard Boulton, James Harvey, Mike Pinna, Jonas Kölker, Dariusz Olszewski, Michael Schierl, Lambros Lambrou, Bernd Schmidt, Steffen Bauer, Lennard Sprong and Rogier Goossens). It is all distributed under the MIT licence. This means that you can do pretty much anything you like with the game binaries or the code, except pretending you wrote them yourself, or suing me if anything goes wrong.
Section 3. Embedded X server
This section details licenses for the embedded X server (MobaX) and its libraries.
3.1. dlfcn-win32: OpenSource library used in Xorg server
dlfcn-win32 is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version.
dlfcn-win32 is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details.
3.2. libwinpthread: OpenSource library used in Xorg server
3.3. Mesa: OpenSource library used in Xorg server
- Website: http://www.mesa3d.org
- Copyright: (c) 1999-2007 Brian Paul All Rights Reserved.
- License: MIT
- Source code: available here
- Copyright/license notice:
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL BRIAN PAUL BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
3.4. MinGW-w64-runtime: Runtime used for MobaX executable
3.5. Gcc runtime: Runtime from OpenSource compiler GCC used in order to port Xorg for Windows
3.6. MobaX: embedded X server (based on "Xorg")
- Original Xorg website: http://www.x.org
- Copyright: Original work: Xorg: Multiple copyright holders. Check individual author for each library on X.Org foundation website - Modified work: MobaX (c) 2008-2022 Mobatek
- License: ZPL
- Source code: available here