openpkg/license-PROMO.txt@a2c6460cfb16
openpkg/license-PROMO.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: PROMO
5 Name: OpenPKG Framework Promotion License
6 Version: 1.0.0
7 Issuer: OpenPKG GmbH <openpkg@openpkg.com>
8 Issued: 2010-01-30
10 Licensee: arbitrary deployer of OpenPKG Framework
11 with this run-time license activated
13 Description:
15 OPENPKG FRAMEWORK PROMOTION 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 "promotion" license can be obtained from the OpenPKG GmbH
114 and allows restricted use of the OpenPKG Framework. The constraints
115 are the use of the OpenPKG Framework in a specified real-time frame,
116 see "Assertion-LifeTime" at the bottom of this document, and use of
117 the OpenPKG Framework released in a specified time frame, see
118 "Assertion-GrantTime" at the bottom of this document.
120 GRANT OF RIGHTS TO COPY THE OPENPKG FRAMEWORK
121 ---------------------------------------------
123 You may create an unlimited number of copies of the Product.
125 GRANT OF RIGHTS TO MODIFY THE OPENPKG FRAMEWORK
126 -----------------------------------------------
128 You may modify most parts of the Product and adjust it to your
129 needs, creating derivative works. You may not remove license
130 validation code, and you must ensure the preservation of the OpenPKG
131 GmbH fingerprint data. The copyright notice, the license excerpt and
132 the reference to this terms and conditions must be kept verbatim.
133 You must make clear to the recipient of the derived works that the
134 version he is receiving has been modified and by whom.
136 These terms and conditions stay if force for derivative works. To
137 keep modifications your property you must not distribute them, in
138 source or binary form, beyond your organizational scope. In cases
139 of extended distribution or publication you agree to contribute
140 your modifications automatically, free of charge and without any
141 royalty claims, to the OpenPKG GmbH, transfer the source code of
142 your modifications to the OpenPKG GmbH and irrevocably transfer
143 all rights of your modifications to the OpenPKG GmbH which will
144 grant you unlimited use rights to your contribution. There is no
145 promise the OpenPKG GmbH includes your contribution into the OpenPKG
146 Framework.
148 GRANT OF RIGHTS TO DISTRIBUTE THE OPENPKG FRAMEWORK
149 ---------------------------------------------------
151 You may distribute the Product, or derivative works thereof created
152 under adherence of the "rights to modify" grant, if you ensure
153 the recipient receives these terms and conditions with the same
154 transaction.
156 ONLINE ACCESS
157 -------------
159 The OpenPKG Framework collects information about the OpenPKG
160 Framework, OpenPKG Framework License and OpenPKG Packages for use
161 by the OpenPKG Project, the OpenPKG Foundation e.V. and the OpenPKG
162 GmbH. The programmatic license validation might and the information
163 upload process does require online access to the Internet. You agree
164 to grant the OpenPKG Framework permission for this use case and you
165 assume all costs related to the online access.
167 TERMINATION
168 -----------
170 You may not use the OpenPKG Framework except as expressly
171 provided under the license. Any attempt to otherwise use, copy,
172 modify, distribute or sub-license the Product is void, and will
173 automatically terminate your rights under this license.
175 CHANGE
176 ------
178 The OpenPKG GmbH reserves the right to subsequently modify or amend
179 details of these terms and conditions where this seems applicable,
180 as long as you are, in good faith, not disadvantaged thereby.
182 Those changes or amendments of the terms and conditions will be
183 proclaimed to you by a written document, delivered to you in
184 electronic format or paper mail as chosen by the OpenPKG GmbH.
185 Anonymous and unknown users cannot be contacted by the OpenPKG GmbH.
186 They must review the terms and conditions regularly at the same time
187 they obtain or use an updated OpenPKG Framework. You cannot rise an
188 objection against the proclaimed changes or amendments. However, you
189 can terminate the license agreement without prior notice.
191 DISCLAIMER
192 ----------
194 THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED
195 WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
196 MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
197 IN NO EVENT SHALL THE AUTHORS AND COPYRIGHT HOLDERS AND THEIR
198 CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
199 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
200 LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
201 USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
202 ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
203 OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
204 OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
205 SUCH DAMAGE.
207 LIMITED WARRANTY AND LIMITATION OF LIABILITY
208 --------------------------------------------
210 The OpenPKG GmbH is only liable for damages if the OpenPKG GmbH
211 or one of its vicarious agents has violated a major contractual
212 (cardinal) obligation or jeopardized the intention of the agreement
213 or the damage was done by gross negligence or intention of the
214 OpenPKG GmbH or one of its vicarious agents.
216 In case the violation of a cardinal obligation is not caused by
217 gross negligence or intention of the OpenPKG GmbH or one of its
218 vicarious agents the liability of the OpenPKG GmbH is limited to the
219 predictable damage characteristical for the contract.
221 The preceding liability limitations apply for contractual and
222 non-contractual claims. The liability of the OpenPKG GmbH due to
223 warranties, personal injury and due to the German Product Liability
224 Act remains unaffected from the preceding liability limitations.
226 GENERAL
227 -------
229 This agreement sets forth the OpenPKG GmbH's entire liability and
230 your exclusive remedy with respect to the Product and supersedes
231 the terms of any purchase orders and any other communications or
232 advertising with respect to the Product. You acknowledge that this
233 agreement is a complete statement of the agreement between you
234 and the OpenPKG GmbH with respect to the Product, and that there
235 are no other prior or contemporaneous understandings, promises,
236 representations, or descriptions with respect to the Product.
238 Headings under this agreement are intended only for convenience and
239 shall not affect the interpretation of this agreement.
241 No failure of either party to exercise or enforce any of its rights
242 under this agreement will act as a waiver of those rights. This
243 agreement may only be modified, or any rights under it waived, by a
244 written document executed by the party against which it is asserted.
246 If any provision of this agreement is found illegal or
247 unenforceable, it will be enforced to the maximum extent
248 permissible, and the legality and enforceability of the other
249 provisions of this agreement will not be affected.
251 This agreement is governed by German law.
253 If you have any questions about this agreement please contact the
254 OpenPKG GmbH. Direct all traditional paper correspondence to the
255 official company address as listed in the very first paragraph of
256 this document. You find the most recent contact information on our
257 website http://openpkg.com/
259 You can find the most recent version of this document on our website
260 http://openpkg.com/go/framework-license
262 Assertion-MinProcVersion: 0.9.0
263 Assertion-LifeTime: 2008-01-01:2010-04-01
264 Assertion-GrantTime: 2008-01-01:2010-04-01
266 -----BEGIN PGP SIGNATURE-----
267 Comment: OpenPKG GmbH <openpkg@openpkg.com>
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