TightVNC Server 2.x for Windows: Commercial Source Code Licensing

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TightVNC Server 2.x for Windows:

Commercial Source Code Licensing

Author: Constantin Kaplinsky, GlavSoft LLC. Contact e-mail: [email protected]

Date: July 12, 2012

This document describes commercial licensing options for TightVNC Server for Windows, version 2.0 and above. Purchasing a commercial license allows to use TightVNC Server's source code for creating derivative works, embedding it in commercial products and systems, and using it in various other cases when the GNU GPL licensing is not appropriate.

All prices listed in this document are valid until August 31, 2012.

Important! This document refers to the server part of TightVNC only. For information on TightVNC Viewer licensing, please contact GlavSoft LLC. at

[email protected].

1 Basic Licensing Terms

GlavSoft LLC. (the copyright holder) offers a perpetual, non-exclusive license to the complete source code of the TightVNC Server 2.x for Windows.

The license allows:

– modifying the sources and creating derivative works, – linking with or embedding into proprietary software, – re-branding and removing attributions to TightVNC, – distributing in the compiled binary form.

The license does not allow:

– re-licensing the source code to a third party, – distributing the source code.

See the Annex at the end of this document for the complete text of the License Agreement.

2 Pricing and Payment Plans

As of current date, the complete perpetual commercial source code license for TightVNC Server 2.x for Windows costs $12,000 (twelve thousand U.S. dollars).

Currently, we offer two payment plans, where the second one increases the total cost by $500 but allow payments in parts. Here is the list of payment plans available:

1. One-time payment: $12,000.

2. Payment in two parts: $6,500 initial payment + $6,000 one year later.

Here is an example illustrating these payment plans assuming the initial payment date was set to July 15, 2012:

Payment Plan July 15, 2012 July 15, 2013

1 (one-time) $12,000

(perpetual license)

2 (two parts) $6,500

(license expires on July 15, 2013)

$6,000 (perpetual license)

As seen from the table above, the license goes perpetual once all payments have been completed. For plan 2, a limited-time license will be granted on the initial payment, with its expiration date set to the next payment date. For this plan, it's possible to obtain a perpetual license at any moment by issuing a payment for the remaining amount.

To make sure the price will not increase,

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3 Support and Updates

GlavSoft LLC. offers all licensees one year of technical support and source code updates at no additional cost. The term starts at the moment of completing the initial payment.

Updated source code shall be sent on each new official TightVNC release. Also, if any serious security-related problem had been identified, licensee shall be provided with all the relevant information, workarounds and fixes as they become available at GlavSoft LLC.

Technical support services shall be provided by e-mail and shall be limited by 60 hours actually spent by GlavSoft staff on providing such support. Above this limit, technical support shall be available commercially, on hourly basis.

After the first year of licensing, technical support and update services shall be available commercially. Currently, each additional year of support and updates costs 15% of the full license fee, if paid before the end of current support term. If current term has expired, it's still possible to renew the support contract for 50% of the full license price.

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Annex: License Agreement

This License Agreement (“License”) is between GlavSoft LLC. (“GlavSoft”), the copyright holder of the TightVNC Server 2.0 for Windows software (“Software”), and ______________ (“Licensee”). The addresses and signatures of the parties are included at the end of this License. This License shall become effective when signed by both GlavSoft and Licensee.

1. Definitions

1.1. “Source Code” means computer programming code in the human readable form constituting the Software and suitable for making modifications to it.

1.2. “Derivative Works” means any and all software programs which are developed by Licensee and which are using, incorporating, or derived from the Software.

2. Ownership of Software and Copyrights

2.1. All title and copyrights in and to the Software are owned by GlavSoft or by licensors of GlavSoft. The Software is protected by copyright laws and international treaty provisions, as well as other intellectual property laws and treaties. The Software is licensed, not sold. 2.2. This License applies to the Source Code copyrighted by GlavSoft and Constantin

Kaplinsky as it exists on the date hereof. The Software may include or depend on third-party components which should be used in accordance with their own licensing terms, as included in their source code distributions. Software is known to use the following third-party

components (but may use other components as well, in present or in the future, if their licensing terms do not conflict with this License):

Lane

1991-1992, RSA Data Security, Inc.

1988,1989,1990,1991,1992 by Richard Outerbridge.

2.3. GlavSoft may make changes to the Software at any time and without notice, but is not obligated to support or update the Software, unless explicitly specified in this License or in other agreements between GlavSoft and the Licensee.

3. License Grant

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provided below) world-wide license to use Software for creating Derivative Works based on the Source Code or integrated with the Software in any other way.

3.2. GlavSoft grants Licensee the right to distribute (via sublicense), sell (via sublicense) or otherwise transfer (via sublicense) Derivative Works in binary object code format (including executable files and DLL libraries), free of per-copy royalties to GlavSoft.

3.3. No part of the Source Code may be distributed, except for limited distribution to Licensee's employees or contractors working on creating Derivative Works for Licensee. Licensee should protect the Source Code from unauthorized distribution by arranging

appropriate non-disclosure agreements, by securing all internally used copies of the Source Code, and in other reasonable ways.

3.4. Licensee must preserve copyright notices in all files of the Source Code.

3.5. Licensee shall not include “TightVNC”, “GlavSoft” or similar phrases in titles of Licensee's products or services.

3.6. All rights not expressly granted in this License are reserved by GlavSoft.

4. Disclaimer of Warranty

4.1. To the extent permitted by applicable law, the Software and any support services are provided to you “AS IS” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. GlavSoft makes no warranty that all errors have been or can be eliminated from the Software. The Software is provided with all faults and the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

5. Limitation of Liability

5.1. In no event shall GlavSoft or his suppliers be liable for any direct, indirect, special, incidental or consequential damages whatsoever (including, without limitation, lost profits, business interruption or lost information) arising out of the use of or inability to use the Software, even if GlavSoft has been advised of the possibility of such damages.

6. Miscellaneous

6.1. If any provision of this License is held to be invalid or unenforceable, the remaining provisions shall be fully effective and enforceable.

6.2. Licensee may assign and transfer this License and its rights hereunder in connection with any sale of all or substantially all of its business or assets, including by merger, asset sale or otherwise.

6.3. All notices shall be in writing and delivered to the addresses as included hereafter, with all fees prepaid. Any amendments hereto must be in writing signed by the parties.

6.4. This License is the sole and total statement of the agreement of the parties as to the subject matter hereof.

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7. Addresses and Signatures of the Parties

GlavSoft LLC.

Address: Name: Title: Signature: Date:

[Licensee]

Address: Name: Title: Signature: Date:

TightVNC Server 2.x for Windows: Commercial Source Code Licensing