openpkg/license-EVAL.txt@a2c6460cfb16
openpkg/license-EVAL.txt
Mon, 28 Jan 2013 17:37:18 +0100
- author
- Michael Schloh von Bennewitz <michael@schloh.com>
- date
- Mon, 28 Jan 2013 17:37:18 +0100
- changeset 758
- a2c6460cfb16
- permissions
- -rw-r--r--
Correct socket error reporting improvement with IPv6 portable code,
after helpful recommendation by Saúl Ibarra Corretgé on OSips devlist.
1 -----BEGIN PGP SIGNED MESSAGE-----
2 Hash: SHA1
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
10 Licensee: arbitrary deployer of OpenPKG Framework
11 with this run-time license activated
13 Description:
15 OPENPKG FRAMEWORK EVALUATION LICENSE
16 ====================================
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.
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.
31 AGREEMENT
32 ---------
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.
45 TERMINOLOGY
46 -----------
48 OpenPKG is a solution to build software stacks consisting of OpenPKG
49 Packages and an OpenPKG Framework to operate them.
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.
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.
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.
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.
78 GRANT OF RIGHTS GENERAL TERMS
79 -----------------------------
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.
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.
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.
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.
110 GRANT OF RIGHTS TO USE THE OPENPKG FRAMEWORK
111 --------------------------------------------
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.
121 GRANT OF RIGHTS TO COPY THE OPENPKG FRAMEWORK
122 ---------------------------------------------
124 You may create an unlimited number of copies of the Product.
126 GRANT OF RIGHTS TO MODIFY THE OPENPKG FRAMEWORK
127 -----------------------------------------------
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.
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.
149 GRANT OF RIGHTS TO DISTRIBUTE THE OPENPKG FRAMEWORK
150 ---------------------------------------------------
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.
157 ONLINE ACCESS
158 -------------
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.
168 TERMINATION
169 -----------
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.
176 CHANGE
177 ------
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.
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.
192 DISCLAIMER
193 ----------
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.
208 LIMITED WARRANTY AND LIMITATION OF LIABILITY
209 --------------------------------------------
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.
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.
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.
227 GENERAL
228 -------
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.
239 Headings under this agreement are intended only for convenience and
240 shall not affect the interpretation of this agreement.
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.
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.
252 This agreement is governed by German law.
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/
260 You can find the most recent version of this document on our website
261 http://openpkg.com/go/framework-license
263 Assertion-MinProcVersion: 0.9.0
264 Assertion-InstanceAge: 90d
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267 Comment: OpenPKG GmbH <openpkg@openpkg.com>
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