MobaXterm license

MobaXterm - https://mobaxterm.mobatek.net
Copyright 2008-2020  Mobatek - This e-mail address is being protected from spambots. You need JavaScript enabled to view it


END USER LICENSE AGREEMENT

MOBAXTERM HOME EDITION



MobaXterm Home Edition software package is a freeware 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 https://download.mobatek.net/sources/plugins.


Section 1. MobaXterm license


Section 2. Third-party components licenses



Section 3. Embedded X server











Section 1. MobaXterm license


This section applies to MOBAXTERM software except for third-party libraries, programs, or components which are identified hereunder and in the About section of MOBAXTERM 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. Definitions

- "Mobatek" means MOBATEK SARL, a French corporation, registered under number 502869258 - 15 chemin de la Crabe - 31300 Toulouse - FRANCE

- "Computer" means a computer device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.

- "Software" means (a) all the information with which this agreement is provided, including but not limited to (i) MOBATEK or third party software files in its Object Code and/or Source Code form and other computer information; (ii) related explanatory written materials and files ("Documentation"); and (iii) any modified versions and copies of, and upgrades, updates and additions to, such information, provided to you by MOBATEK, to the extent not provided under a separate agreement.

- "Source Code": means all the Software's instructions and program lines to which access is required so as to modify or audit the Software.

- "Object Code": means the binary files originating from the compilation of the Source Code.

- "Executable code": means the files in a form that can be run in the computer.

- "Licensee": means the Software user(s) having accepted the Agreement.

- "Module": means a set of sources files including their documentation that enables supplementary functions or services in addition to those offered by the Software.


2. Purpose

The purpose of the Agreement is the grant by the Licensor to the Licensee of a non-exclusive, transferable and worldwide license for the Software as set forth in Article 5 hereinafter for the whole term of the protection granted by the rights over said Software.


3. Acceptance

The Licensee shall be deemed as having accepted the terms and conditions of this Agreement upon the occurrence of the first of the following events:
(i) loading the Software by any or all means, notably, by downloading from a remote server, or by loading from a physical medium;
(ii) the first time the Licensee exercises any of the rights granted hereunder.
One copy of the Agreement, containing a notice relating to the characteristics of the Software, to the limited warranty, and to the fact that its use is restricted has been provided to the Licensee prior to its acceptance as set forth hereinabove, and the Licensee hereby acknowledges that it has read and understood it.


4. Effective date and term

4.1 Effective date
The Agreement shall become effective on the date when it is accepted by the Licensee as set forth in Article 3.

4.2 Term
The Agreement shall remain in force for the entire legal term of protection of the economic rights over the Software.


5. Scope of rights granted

The Licensor hereby grants to the Licensee, who accepts, the following rights over the Software for any or all use, and for the term of the Agreement, on the basis of the terms and conditions set forth hereinafter.

5.1 Right of use
The Licensee is authorized to use the Software, without any limitation as to its fields of application, with it being hereinafter specified that this comprises:
-Permanent or temporary reproduction of all of the Software by any or all means and in any or all form.
-Loading, displaying, running, or storing the Software on any or all medium.
-Entitlement to observe, study or test its operation so as to determine the ideas and principles behind any or all constituent elements of said Software.
This shall apply when the Licensee carries out any or all loading, displaying, running, transmission or storage operation as regards the Software that it is entitled to carry out hereunder.
Individual end-user is allowed to download (only from MobaXterm website: https://mobaxterm.mobatek.net) and to use MobaXterm Home Edition in a commercial or company environment. However, software installation must be performed by the end-user himself: the user who uses MobaXterm Home Edition inside a company must be the same person who downloaded the software and installed it. It is therefore not allowed to redistribute or deploy MobaXterm Home Edition inside a company. It is also not allowed for multiple users to use a single shared installation of MobaXterm Home Edition in a company, whether at the same time or not. These usages are covered by MobaXterm Professional Edition.

5.2 Right of distribution
MOBATEK grants to the Licensee the right to distribute the Software that includes the right to publish, transmit and communicate the Software to the general public on any or all medium, and by any or all means, but only free of charge, one or more copies of the Software by any means.
The Licensee is only authorized to distribute copies of unmodified version of the Software to third parties according to the terms and conditions set forth hereinafter. The Licensee is not allowed to make any modification on the Software and to share a modified version of the Software.
The Licensee is authorized to distribute true copies of the Software in Executable Code form, provided that said distribution complies with all the provisions of the Agreement and is accompanied by:
- a copy of the Agreement,
- a notice relating to the limitation of both the Licensor's warranty and liability as set forth in Articles 8 and 9.

5.3. Distribution of external modules
When the Licensee has developed an external Module, the terms and conditions of this Agreement do not apply to said external Module, that may be distributed under a separate license agreement.


6. Intellectual property

6.1. Intellectual Property Ownership
MOBATEK owns the economic rights over the Software. Any or all use of the Software is subject to compliance with the terms and conditions under which MOBATEK has elected to distribute its work and no one shall be entitled to modify the terms and conditions for the distribution of said Software.
The Licensee undertakes that the Software will remain ruled at least by this Agreement, for the duration set forth in Article 4.2.

6.2. Restrictions
MOBATEK reserves itself the right to furnish any interoperability services or source code of the Software, but these items remain under this license.
The Licensee may not rent, lease, sell, his rights in the Software.

6.3 Over the external modules
The Licensee who develops an external Module is the owner of the intellectual property rights over this External Module as defined by applicable law and is free to choose the type of agreement that shall govern its distribution.

6.4 Joint provisions
The Licensee expressly undertakes:
- Not to remove, or modify, in any manner, the intellectual property notices attached to the Software;
- To reproduce said notices, in an identical manner, in the copies of the Software.
The Licensee undertakes not to directly or indirectly infringe the intellectual property rights of MOBATEK on the Software and to take, where applicable, vis-à-vis its staff, any and all measures required to ensure respect of said intellectual property rights of MOBATEK


7. Related services

Under no circumstances shall the Agreement oblige MOBATEK to provide technical assistance or maintenance services for the Software.


8. Liability

The Licensor's liability is limited to the commitments made under this Agreement and shall not be incurred as a result of in particular: (i) loss due the Licensee's total or partial failure to fulfill its obligations, (ii) direct or consequential loss that is suffered by the Licensee due to the use or performance of the Software, and (iii) more generally, any consequential loss.

In particular the Parties expressly agree that any or all pecuniary or business loss (i.e. loss of data, loss of profits, operating loss, loss of customers or orders, opportunity cost, any disturbance to business activities) or any or all legal proceedings instituted against the Licensee by a third party, shall constitute consequential loss and shall not provide entitlement to any or all compensation from MOBATEK.


9. Warranty

9.1 The Licensee acknowledges that the scientific and technical state-of-the-art when the Software was distributed did not enable all possible uses to be tested and verified, nor for the presence of possible defects to be detected.
In this respect, the Licensee's attention has been drawn to the risks associated with loading, using, and reproducing the Software which are reserved for experienced users.
The Licensee shall be responsible for verifying, by any or all means, the suitability of the product for its requirements, its good working order, and for ensuring that it shall not cause damage to either persons or properties.

9.2 The Licensor hereby represents, in good faith, that it is entitled to grant all the rights over the Software (including in particular the rights set forth in Article 5).

9.3 The Licensee acknowledges that the Software is supplied "as is" by the Licensor without any other express or tacit warranty, other than that provided for in Article 9.2 and, in particular, without any warranty as to its commercial value, its secured, safe, innovative or relevant nature.

Specifically, the Licensor does not warrant that the Software is free from any error, that it will operate without interruption, that it will be compatible with the Licensee's own equipment and software configuration, nor that it will meet the Licensee's requirements.

9.4 The Licensor does not either expressly or tacitly warrant that the Software does not infringe any third party intellectual property right relating to a patent, software or any other property right.

Therefore, MOBATEK disclaims any and all liability towards the Licensee arising out of any or all proceedings for infringement that may be instituted in respect of the use and redistribution of the Software.

MOBATEK disclaims any and all liability as regards the Licensee's use of the name of the Software. No warranty is given as regards the existence of prior rights over the name of the Software or as regards the existence of a trademark.


10. Termination

10.1 In the event of a breach by the Licensee of its obligations hereunder, the Licensor may automatically terminate this Agreement thirty (30) days after notice has been sent to the Licensee and has remained ineffective.

10.2 A Licensee whose Agreement is terminated shall no longer be authorized to use or distribute the Software. However, any licenses that it may have granted prior to termination of the Agreement shall remain valid subject to their having been granted in compliance with the terms and conditions hereof.


11. Enforceability

This License applies to any use of the MOBATEK Software Home Edition.

By downloading, installing, using and redistributing a MOBATEK Software you acknowledge and accept this End User License agreement.

No specific condition may prevail over this End User License agreement it has been previously and expressly accepted by MOBATEK.

Any contrary condition required by the Customer will not apply if it is not expressly accepted by MOBATEK, irrespective of when it shall have been informed of such condition.

No failure by MOBATEK to avail itself at any given time of any one of this End User License agreement will constitute a waiver of such terms in the future.


12. Miscellaneous

The contract, which is constituted by all of the contractual documents, sets out all of the parties' obligations relating to its subject matter.

The fact for one of the parties to tolerate a situation does not cause the granting to the other party of acquired rights; such a tolerance cannot be interpreted as a waiver of future exercise of the rights concerned.

If one or more provisions hereof were to be held not to be valid or declared as such pursuant to a law, regulation, or following a final decision of a court of jurisdiction, the other provisions will remain in full force and effect.


13. Governing Law

These Terms of Use as well as the sales and services that they govern are governed by French law. This applies to both the substantive law and the procedural law, whatever the location of access and use of the Services.


14. Disputes

In the event of a dispute occurring in connection with these Terms of Use or the sales and services that they govern, whether concerning their interpretation or than their performance, and potentially after an attempt to reach a friendly resolution, exclusive jurisdiction is granted to the courts of jurisdiction within the competence of the Court of Appeal of Toulouse - FRANCE, notwithstanding plurality of defendants or a claim for an indemnity, or even for emergency procedures or precautionary measures, and enforcement procedures.












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 https://www.mozilla.org/MPL/MPL-1.1.html) or the GNU Lesser General Public License 2.1 (LGPL 2.1, available from https://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 https://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 https://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 Kolker, 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: https://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: https://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