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1.5 +Hash: SHA1
1.6 +
1.7 +Id: EVAL
1.8 +Name: OpenPKG Framework Evaluation License
1.9 +Version: 1.0.0
1.10 +Issuer: OpenPKG GmbH <openpkg@openpkg.com>
1.11 +Issued: 2010-01-01
1.12 +
1.13 +Licensee: arbitrary deployer of OpenPKG Framework
1.14 + with this run-time license activated
1.15 +
1.16 +Description:
1.17 +
1.18 + OPENPKG FRAMEWORK EVALUATION LICENSE
1.19 + ====================================
1.20 +
1.21 + This license agreement constitutes a valid and binding agreement
1.22 + between the OpenPKG GmbH, jurisdiction identification "DE MUC HRB
1.23 + 160208", postal address "Weblinger Weg 28, 85221 Dachau, GERMANY",
1.24 + digital signature name "OpenPKG GmbH <openpkg@openpkg.com>" and
1.25 + digital signature fingerprint "7D12 1A8F C05D C18A 4329 E9EF 6704
1.26 + 2EC9 61B7 AE34", represented by the two managing directors Ralf S.
1.27 + Engelschall and Thomas Lotterer, and you, the licensee.
1.28 +
1.29 + "You" means the natural person or the entity that is agreeing to be
1.30 + bound by this agreement. You shall be liable for any failure by your
1.31 + employees and third party contractors that provide services to you
1.32 + to comply with the terms and conditions of this agreement.
1.33 +
1.34 + AGREEMENT
1.35 + ---------
1.36 +
1.37 + By using, copying, modifying or distributing the Product you agree
1.38 + to be bound by the terms and conditions of this agreement. If you
1.39 + are accepting these terms on behalf of another person or a company
1.40 + or other legal entity, you represent and warrant that you have full
1.41 + authority to bind that person, company, or legal entity to these
1.42 + terms. If you do not agree to the terms and conditions of this
1.43 + agreement, you may not use, copy, modify or distribute the Product.
1.44 + You may return the unused Product to the supplier from which you
1.45 + acquired it within 30 days and request a refund of the license fee,
1.46 + if any, already paid upon showing proof of payment.
1.47 +
1.48 + TERMINOLOGY
1.49 + -----------
1.50 +
1.51 + OpenPKG is a solution to build software stacks consisting of OpenPKG
1.52 + Packages and an OpenPKG Framework to operate them.
1.53 +
1.54 + For your information, OpenPKG Packages are available from the
1.55 + OpenPKG Foundation e.V., which licenses and distributes them as Open
1.56 + Source Software. These OpenPKG Packages are in no way subject of
1.57 + this agreement.
1.58 +
1.59 + The OpenPKG Framework is a property of the OpenPKG GmbH with all
1.60 + rights reserved. Licenses, like this one, which grant limited
1.61 + permission to use, copy, modify and distribute this software are
1.62 + exclusively issued by the OpenPKG GmbH.
1.63 +
1.64 + Licensing as described in this agreement covers the OpenPKG
1.65 + Framework code copyrighted by the OpenPKG GmbH and the OpenPKG
1.66 + Framework as a compound work. The OpenPKG Framework is distributed
1.67 + in source code form and also contains pristine third-party sources
1.68 + where each comes with its own licensing model. These licenses are
1.69 + in no way altered by this agreement, but passed through to you
1.70 + verbatim. You are responsible for obtaining and obeying any such
1.71 + vendor license.
1.72 +
1.73 + This license describes how you appropriately use, copy, modify
1.74 + and distribute the OpenPKG Framework source code and the binaries
1.75 + resulting from the build process. This license does not include any
1.76 + entitlement for you to receive service or support from the OpenPKG
1.77 + GmbH, there are no warranties beyond the minimum implied warranty,
1.78 + and there are no promises with respect to the future of the Product
1.79 + or any derived works.
1.80 +
1.81 + GRANT OF RIGHTS GENERAL TERMS
1.82 + -----------------------------
1.83 +
1.84 + The OpenPKG Framework is licensed, not sold. Subject to the terms
1.85 + and conditions of this agreement, the OpenPKG GmbH hereby grants
1.86 + you a non-exclusive, non-sub-licensable and non-transferable right
1.87 + to use the Product. You may not lease or rent the OpenPKG Framework
1.88 + license.
1.89 +
1.90 + You may sell or otherwise transfer unused licenses if you ensure
1.91 + the recipient receives these terms and conditions with the same
1.92 + transaction and acknowledges to take over your responsibilities from
1.93 + this agreement.
1.94 +
1.95 + You may not remove any titles, trademarks or trade names, copyright
1.96 + notices, legends, or other proprietary markings on the Product. You
1.97 + are not granted any rights to any trademarks or service marks of the
1.98 + OpenPKG GmbH. All rights not expressly granted by this license are
1.99 + reserved.
1.100 +
1.101 + You may use the Product as long as you own this license issued by
1.102 + the OpenPKG GmbH, install it and obey the terms and conditions
1.103 + listed below. This license, issued by the OpenPKG GmbH, ships
1.104 + as a digitally signed text file which carries the exact license
1.105 + conditions both in human readable plain text and attached in a
1.106 + machine readable format. The latter may be used by the OpenPKG
1.107 + Framework to programmatically validate the license compliance. If
1.108 + programmatic license validation within the OpenPKG Framework detects
1.109 + a compliance failure, the OpenPKG Framework might cease operation.
1.110 + It is your responsibility to ensure compliance with these terms and
1.111 + conditions.
1.112 +
1.113 + GRANT OF RIGHTS TO USE THE OPENPKG FRAMEWORK
1.114 + --------------------------------------------
1.115 +
1.116 + This "evaluation" license ships free of charge with every OpenPKG
1.117 + Framework and allows restricted use of the OpenPKG Framework. The
1.118 + constraint is a run-time limitation after initial installation,
1.119 + see "Assertion-InstanceAge" at the bottom of this document. After
1.120 + that period the evaluation license is void and either must be
1.121 + replaced by another license or use of the OpenPKG Framework must be
1.122 + discontinued.
1.123 +
1.124 + GRANT OF RIGHTS TO COPY THE OPENPKG FRAMEWORK
1.125 + ---------------------------------------------
1.126 +
1.127 + You may create an unlimited number of copies of the Product.
1.128 +
1.129 + GRANT OF RIGHTS TO MODIFY THE OPENPKG FRAMEWORK
1.130 + -----------------------------------------------
1.131 +
1.132 + You may modify most parts of the Product and adjust it to your
1.133 + needs, creating derivative works. You may not remove license
1.134 + validation code, and you must ensure the preservation of the OpenPKG
1.135 + GmbH fingerprint data. The copyright notice, the license excerpt and
1.136 + the reference to this terms and conditions must be kept verbatim.
1.137 + You must make clear to the recipient of the derived works that the
1.138 + version he is receiving has been modified and by whom.
1.139 +
1.140 + These terms and conditions stay if force for derivative works. To
1.141 + keep modifications your property you must not distribute them, in
1.142 + source or binary form, beyond your organizational scope. In cases
1.143 + of extended distribution or publication you agree to contribute
1.144 + your modifications automatically, free of charge and without any
1.145 + royalty claims, to the OpenPKG GmbH, transfer the source code of
1.146 + your modifications to the OpenPKG GmbH and irrevocably transfer
1.147 + all rights of your modifications to the OpenPKG GmbH which will
1.148 + grant you unlimited use rights to your contribution. There is no
1.149 + promise the OpenPKG GmbH includes your contribution into the OpenPKG
1.150 + Framework.
1.151 +
1.152 + GRANT OF RIGHTS TO DISTRIBUTE THE OPENPKG FRAMEWORK
1.153 + ---------------------------------------------------
1.154 +
1.155 + You may distribute the Product, or derivative works thereof created
1.156 + under adherence of the "rights to modify" grant, if you ensure
1.157 + the recipient receives these terms and conditions with the same
1.158 + transaction.
1.159 +
1.160 + ONLINE ACCESS
1.161 + -------------
1.162 +
1.163 + The OpenPKG Framework collects information about the OpenPKG
1.164 + Framework, OpenPKG Framework License and OpenPKG Packages for use
1.165 + by the OpenPKG Project, the OpenPKG Foundation e.V. and the OpenPKG
1.166 + GmbH. The programmatic license validation might and the information
1.167 + upload process does require online access to the Internet. You agree
1.168 + to grant the OpenPKG Framework permission for this use case and you
1.169 + assume all costs related to the online access.
1.170 +
1.171 + TERMINATION
1.172 + -----------
1.173 +
1.174 + You may not use the OpenPKG Framework except as expressly
1.175 + provided under the license. Any attempt to otherwise use, copy,
1.176 + modify, distribute or sub-license the Product is void, and will
1.177 + automatically terminate your rights under this license.
1.178 +
1.179 + CHANGE
1.180 + ------
1.181 +
1.182 + The OpenPKG GmbH reserves the right to subsequently modify or amend
1.183 + details of these terms and conditions where this seems applicable,
1.184 + as long as you are, in good faith, not disadvantaged thereby.
1.185 +
1.186 + Those changes or amendments of the terms and conditions will be
1.187 + proclaimed to you by a written document, delivered to you in
1.188 + electronic format or paper mail as chosen by the OpenPKG GmbH.
1.189 + Anonymous and unknown users cannot be contacted by the OpenPKG GmbH.
1.190 + They must review the terms and conditions regularly at the same time
1.191 + they obtain or use an updated OpenPKG Framework. You cannot rise an
1.192 + objection against the proclaimed changes or amendments. However, you
1.193 + can terminate the license agreement without prior notice.
1.194 +
1.195 + DISCLAIMER
1.196 + ----------
1.197 +
1.198 + THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED
1.199 + WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
1.200 + MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
1.201 + IN NO EVENT SHALL THE AUTHORS AND COPYRIGHT HOLDERS AND THEIR
1.202 + CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
1.203 + SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
1.204 + LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
1.205 + USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
1.206 + ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
1.207 + OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
1.208 + OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
1.209 + SUCH DAMAGE.
1.210 +
1.211 + LIMITED WARRANTY AND LIMITATION OF LIABILITY
1.212 + --------------------------------------------
1.213 +
1.214 + The OpenPKG GmbH is only liable for damages if the OpenPKG GmbH
1.215 + or one of its vicarious agents has violated a major contractual
1.216 + (cardinal) obligation or jeopardized the intention of the agreement
1.217 + or the damage was done by gross negligence or intention of the
1.218 + OpenPKG GmbH or one of its vicarious agents.
1.219 +
1.220 + In case the violation of a cardinal obligation is not caused by
1.221 + gross negligence or intention of the OpenPKG GmbH or one of its
1.222 + vicarious agents the liability of the OpenPKG GmbH is limited to the
1.223 + predictable damage characteristical for the contract.
1.224 +
1.225 + The preceding liability limitations apply for contractual and
1.226 + non-contractual claims. The liability of the OpenPKG GmbH due to
1.227 + warranties, personal injury and due to the German Product Liability
1.228 + Act remains unaffected from the preceding liability limitations.
1.229 +
1.230 + GENERAL
1.231 + -------
1.232 +
1.233 + This agreement sets forth the OpenPKG GmbH's entire liability and
1.234 + your exclusive remedy with respect to the Product and supersedes
1.235 + the terms of any purchase orders and any other communications or
1.236 + advertising with respect to the Product. You acknowledge that this
1.237 + agreement is a complete statement of the agreement between you
1.238 + and the OpenPKG GmbH with respect to the Product, and that there
1.239 + are no other prior or contemporaneous understandings, promises,
1.240 + representations, or descriptions with respect to the Product.
1.241 +
1.242 + Headings under this agreement are intended only for convenience and
1.243 + shall not affect the interpretation of this agreement.
1.244 +
1.245 + No failure of either party to exercise or enforce any of its rights
1.246 + under this agreement will act as a waiver of those rights. This
1.247 + agreement may only be modified, or any rights under it waived, by a
1.248 + written document executed by the party against which it is asserted.
1.249 +
1.250 + If any provision of this agreement is found illegal or
1.251 + unenforceable, it will be enforced to the maximum extent
1.252 + permissible, and the legality and enforceability of the other
1.253 + provisions of this agreement will not be affected.
1.254 +
1.255 + This agreement is governed by German law.
1.256 +
1.257 + If you have any questions about this agreement please contact the
1.258 + OpenPKG GmbH. Direct all traditional paper correspondence to the
1.259 + official company address as listed in the very first paragraph of
1.260 + this document. You find the most recent contact information on our
1.261 + website http://openpkg.com/
1.262 +
1.263 + You can find the most recent version of this document on our website
1.264 + http://openpkg.com/go/framework-license
1.265 +
1.266 +Assertion-MinProcVersion: 0.9.0
1.267 +Assertion-InstanceAge: 90d
1.268 +
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1.270 +Comment: OpenPKG GmbH <openpkg@openpkg.com>
1.271 +
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