comparison: openpkg/license-EVAL.txt
openpkg/license-EVAL.txt
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| 1 -----BEGIN PGP SIGNED MESSAGE----- | |
| 2 Hash: SHA1 | |
| 3 | |
| 4 Id: EVAL | |
| 5 Name: OpenPKG Framework Evaluation License | |
| 6 Version: 1.0.0 | |
| 7 Issuer: OpenPKG GmbH <openpkg@openpkg.com> | |
| 8 Issued: 2010-01-01 | |
| 9 | |
| 10 Licensee: arbitrary deployer of OpenPKG Framework | |
| 11 with this run-time license activated | |
| 12 | |
| 13 Description: | |
| 14 | |
| 15 OPENPKG FRAMEWORK EVALUATION LICENSE | |
| 16 ==================================== | |
| 17 | |
| 18 This license agreement constitutes a valid and binding agreement | |
| 19 between the OpenPKG GmbH, jurisdiction identification "DE MUC HRB | |
| 20 160208", postal address "Weblinger Weg 28, 85221 Dachau, GERMANY", | |
| 21 digital signature name "OpenPKG GmbH <openpkg@openpkg.com>" and | |
| 22 digital signature fingerprint "7D12 1A8F C05D C18A 4329 E9EF 6704 | |
| 23 2EC9 61B7 AE34", represented by the two managing directors Ralf S. | |
| 24 Engelschall and Thomas Lotterer, and you, the licensee. | |
| 25 | |
| 26 "You" means the natural person or the entity that is agreeing to be | |
| 27 bound by this agreement. You shall be liable for any failure by your | |
| 28 employees and third party contractors that provide services to you | |
| 29 to comply with the terms and conditions of this agreement. | |
| 30 | |
| 31 AGREEMENT | |
| 32 --------- | |
| 33 | |
| 34 By using, copying, modifying or distributing the Product you agree | |
| 35 to be bound by the terms and conditions of this agreement. If you | |
| 36 are accepting these terms on behalf of another person or a company | |
| 37 or other legal entity, you represent and warrant that you have full | |
| 38 authority to bind that person, company, or legal entity to these | |
| 39 terms. If you do not agree to the terms and conditions of this | |
| 40 agreement, you may not use, copy, modify or distribute the Product. | |
| 41 You may return the unused Product to the supplier from which you | |
| 42 acquired it within 30 days and request a refund of the license fee, | |
| 43 if any, already paid upon showing proof of payment. | |
| 44 | |
| 45 TERMINOLOGY | |
| 46 ----------- | |
| 47 | |
| 48 OpenPKG is a solution to build software stacks consisting of OpenPKG | |
| 49 Packages and an OpenPKG Framework to operate them. | |
| 50 | |
| 51 For your information, OpenPKG Packages are available from the | |
| 52 OpenPKG Foundation e.V., which licenses and distributes them as Open | |
| 53 Source Software. These OpenPKG Packages are in no way subject of | |
| 54 this agreement. | |
| 55 | |
| 56 The OpenPKG Framework is a property of the OpenPKG GmbH with all | |
| 57 rights reserved. Licenses, like this one, which grant limited | |
| 58 permission to use, copy, modify and distribute this software are | |
| 59 exclusively issued by the OpenPKG GmbH. | |
| 60 | |
| 61 Licensing as described in this agreement covers the OpenPKG | |
| 62 Framework code copyrighted by the OpenPKG GmbH and the OpenPKG | |
| 63 Framework as a compound work. The OpenPKG Framework is distributed | |
| 64 in source code form and also contains pristine third-party sources | |
| 65 where each comes with its own licensing model. These licenses are | |
| 66 in no way altered by this agreement, but passed through to you | |
| 67 verbatim. You are responsible for obtaining and obeying any such | |
| 68 vendor license. | |
| 69 | |
| 70 This license describes how you appropriately use, copy, modify | |
| 71 and distribute the OpenPKG Framework source code and the binaries | |
| 72 resulting from the build process. This license does not include any | |
| 73 entitlement for you to receive service or support from the OpenPKG | |
| 74 GmbH, there are no warranties beyond the minimum implied warranty, | |
| 75 and there are no promises with respect to the future of the Product | |
| 76 or any derived works. | |
| 77 | |
| 78 GRANT OF RIGHTS GENERAL TERMS | |
| 79 ----------------------------- | |
| 80 | |
| 81 The OpenPKG Framework is licensed, not sold. Subject to the terms | |
| 82 and conditions of this agreement, the OpenPKG GmbH hereby grants | |
| 83 you a non-exclusive, non-sub-licensable and non-transferable right | |
| 84 to use the Product. You may not lease or rent the OpenPKG Framework | |
| 85 license. | |
| 86 | |
| 87 You may sell or otherwise transfer unused licenses if you ensure | |
| 88 the recipient receives these terms and conditions with the same | |
| 89 transaction and acknowledges to take over your responsibilities from | |
| 90 this agreement. | |
| 91 | |
| 92 You may not remove any titles, trademarks or trade names, copyright | |
| 93 notices, legends, or other proprietary markings on the Product. You | |
| 94 are not granted any rights to any trademarks or service marks of the | |
| 95 OpenPKG GmbH. All rights not expressly granted by this license are | |
| 96 reserved. | |
| 97 | |
| 98 You may use the Product as long as you own this license issued by | |
| 99 the OpenPKG GmbH, install it and obey the terms and conditions | |
| 100 listed below. This license, issued by the OpenPKG GmbH, ships | |
| 101 as a digitally signed text file which carries the exact license | |
| 102 conditions both in human readable plain text and attached in a | |
| 103 machine readable format. The latter may be used by the OpenPKG | |
| 104 Framework to programmatically validate the license compliance. If | |
| 105 programmatic license validation within the OpenPKG Framework detects | |
| 106 a compliance failure, the OpenPKG Framework might cease operation. | |
| 107 It is your responsibility to ensure compliance with these terms and | |
| 108 conditions. | |
| 109 | |
| 110 GRANT OF RIGHTS TO USE THE OPENPKG FRAMEWORK | |
| 111 -------------------------------------------- | |
| 112 | |
| 113 This "evaluation" license ships free of charge with every OpenPKG | |
| 114 Framework and allows restricted use of the OpenPKG Framework. The | |
| 115 constraint is a run-time limitation after initial installation, | |
| 116 see "Assertion-InstanceAge" at the bottom of this document. After | |
| 117 that period the evaluation license is void and either must be | |
| 118 replaced by another license or use of the OpenPKG Framework must be | |
| 119 discontinued. | |
| 120 | |
| 121 GRANT OF RIGHTS TO COPY THE OPENPKG FRAMEWORK | |
| 122 --------------------------------------------- | |
| 123 | |
| 124 You may create an unlimited number of copies of the Product. | |
| 125 | |
| 126 GRANT OF RIGHTS TO MODIFY THE OPENPKG FRAMEWORK | |
| 127 ----------------------------------------------- | |
| 128 | |
| 129 You may modify most parts of the Product and adjust it to your | |
| 130 needs, creating derivative works. You may not remove license | |
| 131 validation code, and you must ensure the preservation of the OpenPKG | |
| 132 GmbH fingerprint data. The copyright notice, the license excerpt and | |
| 133 the reference to this terms and conditions must be kept verbatim. | |
| 134 You must make clear to the recipient of the derived works that the | |
| 135 version he is receiving has been modified and by whom. | |
| 136 | |
| 137 These terms and conditions stay if force for derivative works. To | |
| 138 keep modifications your property you must not distribute them, in | |
| 139 source or binary form, beyond your organizational scope. In cases | |
| 140 of extended distribution or publication you agree to contribute | |
| 141 your modifications automatically, free of charge and without any | |
| 142 royalty claims, to the OpenPKG GmbH, transfer the source code of | |
| 143 your modifications to the OpenPKG GmbH and irrevocably transfer | |
| 144 all rights of your modifications to the OpenPKG GmbH which will | |
| 145 grant you unlimited use rights to your contribution. There is no | |
| 146 promise the OpenPKG GmbH includes your contribution into the OpenPKG | |
| 147 Framework. | |
| 148 | |
| 149 GRANT OF RIGHTS TO DISTRIBUTE THE OPENPKG FRAMEWORK | |
| 150 --------------------------------------------------- | |
| 151 | |
| 152 You may distribute the Product, or derivative works thereof created | |
| 153 under adherence of the "rights to modify" grant, if you ensure | |
| 154 the recipient receives these terms and conditions with the same | |
| 155 transaction. | |
| 156 | |
| 157 ONLINE ACCESS | |
| 158 ------------- | |
| 159 | |
| 160 The OpenPKG Framework collects information about the OpenPKG | |
| 161 Framework, OpenPKG Framework License and OpenPKG Packages for use | |
| 162 by the OpenPKG Project, the OpenPKG Foundation e.V. and the OpenPKG | |
| 163 GmbH. The programmatic license validation might and the information | |
| 164 upload process does require online access to the Internet. You agree | |
| 165 to grant the OpenPKG Framework permission for this use case and you | |
| 166 assume all costs related to the online access. | |
| 167 | |
| 168 TERMINATION | |
| 169 ----------- | |
| 170 | |
| 171 You may not use the OpenPKG Framework except as expressly | |
| 172 provided under the license. Any attempt to otherwise use, copy, | |
| 173 modify, distribute or sub-license the Product is void, and will | |
| 174 automatically terminate your rights under this license. | |
| 175 | |
| 176 CHANGE | |
| 177 ------ | |
| 178 | |
| 179 The OpenPKG GmbH reserves the right to subsequently modify or amend | |
| 180 details of these terms and conditions where this seems applicable, | |
| 181 as long as you are, in good faith, not disadvantaged thereby. | |
| 182 | |
| 183 Those changes or amendments of the terms and conditions will be | |
| 184 proclaimed to you by a written document, delivered to you in | |
| 185 electronic format or paper mail as chosen by the OpenPKG GmbH. | |
| 186 Anonymous and unknown users cannot be contacted by the OpenPKG GmbH. | |
| 187 They must review the terms and conditions regularly at the same time | |
| 188 they obtain or use an updated OpenPKG Framework. You cannot rise an | |
| 189 objection against the proclaimed changes or amendments. However, you | |
| 190 can terminate the license agreement without prior notice. | |
| 191 | |
| 192 DISCLAIMER | |
| 193 ---------- | |
| 194 | |
| 195 THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED | |
| 196 WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF | |
| 197 MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. | |
| 198 IN NO EVENT SHALL THE AUTHORS AND COPYRIGHT HOLDERS AND THEIR | |
| 199 CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, | |
| 200 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT | |
| 201 LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF | |
| 202 USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND | |
| 203 ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, | |
| 204 OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT | |
| 205 OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF | |
| 206 SUCH DAMAGE. | |
| 207 | |
| 208 LIMITED WARRANTY AND LIMITATION OF LIABILITY | |
| 209 -------------------------------------------- | |
| 210 | |
| 211 The OpenPKG GmbH is only liable for damages if the OpenPKG GmbH | |
| 212 or one of its vicarious agents has violated a major contractual | |
| 213 (cardinal) obligation or jeopardized the intention of the agreement | |
| 214 or the damage was done by gross negligence or intention of the | |
| 215 OpenPKG GmbH or one of its vicarious agents. | |
| 216 | |
| 217 In case the violation of a cardinal obligation is not caused by | |
| 218 gross negligence or intention of the OpenPKG GmbH or one of its | |
| 219 vicarious agents the liability of the OpenPKG GmbH is limited to the | |
| 220 predictable damage characteristical for the contract. | |
| 221 | |
| 222 The preceding liability limitations apply for contractual and | |
| 223 non-contractual claims. The liability of the OpenPKG GmbH due to | |
| 224 warranties, personal injury and due to the German Product Liability | |
| 225 Act remains unaffected from the preceding liability limitations. | |
| 226 | |
| 227 GENERAL | |
| 228 ------- | |
| 229 | |
| 230 This agreement sets forth the OpenPKG GmbH's entire liability and | |
| 231 your exclusive remedy with respect to the Product and supersedes | |
| 232 the terms of any purchase orders and any other communications or | |
| 233 advertising with respect to the Product. You acknowledge that this | |
| 234 agreement is a complete statement of the agreement between you | |
| 235 and the OpenPKG GmbH with respect to the Product, and that there | |
| 236 are no other prior or contemporaneous understandings, promises, | |
| 237 representations, or descriptions with respect to the Product. | |
| 238 | |
| 239 Headings under this agreement are intended only for convenience and | |
| 240 shall not affect the interpretation of this agreement. | |
| 241 | |
| 242 No failure of either party to exercise or enforce any of its rights | |
| 243 under this agreement will act as a waiver of those rights. This | |
| 244 agreement may only be modified, or any rights under it waived, by a | |
| 245 written document executed by the party against which it is asserted. | |
| 246 | |
| 247 If any provision of this agreement is found illegal or | |
| 248 unenforceable, it will be enforced to the maximum extent | |
| 249 permissible, and the legality and enforceability of the other | |
| 250 provisions of this agreement will not be affected. | |
| 251 | |
| 252 This agreement is governed by German law. | |
| 253 | |
| 254 If you have any questions about this agreement please contact the | |
| 255 OpenPKG GmbH. Direct all traditional paper correspondence to the | |
| 256 official company address as listed in the very first paragraph of | |
| 257 this document. You find the most recent contact information on our | |
| 258 website http://openpkg.com/ | |
| 259 | |
| 260 You can find the most recent version of this document on our website | |
| 261 http://openpkg.com/go/framework-license | |
| 262 | |
| 263 Assertion-MinProcVersion: 0.9.0 | |
| 264 Assertion-InstanceAge: 90d | |
| 265 | |
| 266 -----BEGIN PGP SIGNATURE----- | |
| 267 Comment: OpenPKG GmbH <openpkg@openpkg.com> | |
| 268 | |
| 269 iEYEARECAAYFAktAcOAACgkQZwQuyWG3rjTH+gCfXyfm2xzMoGqsYthehkbLh+8x | |
| 270 mooAnA6O7bygggM8RaHjRZs2YZ1oQAqa | |
| 271 =zsbV | |
| 272 -----END PGP SIGNATURE----- |
