OpenPKG Specs / file revision

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 Id:       RECOVERY

 Name:     OpenPKG Framework Recovery License

 Version:  1.0.0

 Issuer:   OpenPKG GmbH <openpkg@openpkg.com>

 Issued:   2010-01-01

 Licensee: arbitrary deployer of OpenPKG Framework

           with this run-time license activated

 Description:

     OPENPKG FRAMEWORK RECOVERY LICENSE

     ==================================

     This license agreement constitutes a valid and binding agreement

     between the OpenPKG GmbH, jurisdiction identification "DE MUC HRB

     160208", postal address "Weblinger Weg 28, 85221 Dachau, GERMANY",

     digital signature name "OpenPKG GmbH <openpkg@openpkg.com>" and

     digital signature fingerprint "7D12 1A8F C05D C18A 4329 E9EF 6704

     2EC9 61B7 AE34", represented by the two managing directors Ralf S.

     Engelschall and Thomas Lotterer, and you, the licensee.

     "You" means the natural person or the entity that is agreeing to be

     bound by this agreement. You shall be liable for any failure by your

     employees and third party contractors that provide services to you

     to comply with the terms and conditions of this agreement.

     AGREEMENT

     ---------

     By using, copying, modifying or distributing the Product you agree

     to be bound by the terms and conditions of this agreement. If you

     are accepting these terms on behalf of another person or a company

     or other legal entity, you represent and warrant that you have full

     authority to bind that person, company, or legal entity to these

     terms. If you do not agree to the terms and conditions of this

     agreement, you may not use, copy, modify or distribute the Product.

     You may return the unused Product to the supplier from which you

     acquired it within 30 days and request a refund of the license fee,

     if any, already paid upon showing proof of payment.

     TERMINOLOGY

     -----------

     OpenPKG is a solution to build software stacks consisting of OpenPKG

     Packages and an OpenPKG Framework to operate them.

     For your information, OpenPKG Packages are available from the

     OpenPKG Foundation e.V., which licenses and distributes them as Open

     Source Software. These OpenPKG Packages are in no way subject of

     this agreement.

     The OpenPKG Framework is a property of the OpenPKG GmbH with all

     rights reserved. Licenses, like this one, which grant limited

     permission to use, copy, modify and distribute this software are

     exclusively issued by the OpenPKG GmbH.

     Licensing as described in this agreement covers the OpenPKG

     Framework code copyrighted by the OpenPKG GmbH and the OpenPKG

     Framework as a compound work. The OpenPKG Framework is distributed

     in source code form and also contains pristine third-party sources

     where each comes with its own licensing model. These licenses are

     in no way altered by this agreement, but passed through to you

     verbatim. You are responsible for obtaining and obeying any such

     vendor license.

     This license describes how you appropriately use, copy, modify

     and distribute the OpenPKG Framework source code and the binaries

     resulting from the build process. This license does not include any

     entitlement for you to receive service or support from the OpenPKG

     GmbH, there are no warranties beyond the minimum implied warranty,

     and there are no promises with respect to the future of the Product

     or any derived works.

     GRANT OF RIGHTS GENERAL TERMS

     -----------------------------

     The OpenPKG Framework is licensed, not sold. Subject to the terms

     and conditions of this agreement, the OpenPKG GmbH hereby grants

     you a non-exclusive, non-sub-licensable and non-transferable right

     to use the Product. You may not lease or rent the OpenPKG Framework

     license.

     You may sell or otherwise transfer unused licenses if you ensure

     the recipient receives these terms and conditions with the same

     transaction and acknowledges to take over your responsibilities from

     this agreement.

     You may not remove any titles, trademarks or trade names, copyright

     notices, legends, or other proprietary markings on the Product. You

     are not granted any rights to any trademarks or service marks of the

     OpenPKG GmbH. All rights not expressly granted by this license are

     reserved.

     You may use the Product as long as you own this license issued by

     the OpenPKG GmbH, install it and obey the terms and conditions

     listed below. This license, issued by the OpenPKG GmbH, ships

     as a digitally signed text file which carries the exact license

     conditions both in human readable plain text and attached in a

     machine readable format. The latter may be used by the OpenPKG

     Framework to programmatically validate the license compliance. If

     programmatic license validation within the OpenPKG Framework detects

     a compliance failure, the OpenPKG Framework might cease operation.

     It is your responsibility to ensure compliance with these terms and

     conditions.

     GRANT OF RIGHTS TO USE THE OPENPKG FRAMEWORK

     --------------------------------------------

     This "recovery" license ships free of charge with every OpenPKG

     Framework and allows temporary recovery from licensing issues.

     It requires online access to license clearing services from the

     OpenPKG GmbH which are not guaranteed to be available.

     GRANT OF RIGHTS TO COPY THE OPENPKG FRAMEWORK

     ---------------------------------------------

     You may create an unlimited number of copies of the Product.

     GRANT OF RIGHTS TO MODIFY THE OPENPKG FRAMEWORK

     -----------------------------------------------

     You may modify most parts of the Product and adjust it to your

     needs, creating derivative works. You may not remove license

     validation code, and you must ensure the preservation of the OpenPKG

     GmbH fingerprint data. The copyright notice, the license excerpt and

     the reference to this terms and conditions must be kept verbatim.

     You must make clear to the recipient of the derived works that the

     version he is receiving has been modified and by whom.

     These terms and conditions stay if force for derivative works. To

     keep modifications your property you must not distribute them, in

     source or binary form, beyond your organizational scope. In cases

     of extended distribution or publication you agree to contribute

     your modifications automatically, free of charge and without any

     royalty claims, to the OpenPKG GmbH, transfer the source code of

     your modifications to the OpenPKG GmbH and irrevocably transfer

     all rights of your modifications to the OpenPKG GmbH which will

     grant you unlimited use rights to your contribution. There is no

     promise the OpenPKG GmbH includes your contribution into the OpenPKG

     Framework.

     GRANT OF RIGHTS TO DISTRIBUTE THE OPENPKG FRAMEWORK

     ---------------------------------------------------

     You may distribute the Product, or derivative works thereof created

     under adherence of the "rights to modify" grant, if you ensure

     the recipient receives these terms and conditions with the same

     transaction.

     ONLINE ACCESS

     -------------

     The OpenPKG Framework collects information about the OpenPKG

     Framework, OpenPKG Framework License and OpenPKG Packages for use

     by the OpenPKG Project, the OpenPKG Foundation e.V. and the OpenPKG

     GmbH. The programmatic license validation might and the information

     upload process does require online access to the Internet. You agree

     to grant the OpenPKG Framework permission for this use case and you

     assume all costs related to the online access.

     TERMINATION

     -----------

     You may not use the OpenPKG Framework except as expressly

     provided under the license. Any attempt to otherwise use, copy,

     modify, distribute or sub-license the Product is void, and will

     automatically terminate your rights under this license.

     CHANGE

     ------

     The OpenPKG GmbH reserves the right to subsequently modify or amend

     details of these terms and conditions where this seems applicable,

     as long as you are, in good faith, not disadvantaged thereby.

     Those changes or amendments of the terms and conditions will be

     proclaimed to you by a written document, delivered to you in

     electronic format or paper mail as chosen by the OpenPKG GmbH.

     Anonymous and unknown users cannot be contacted by the OpenPKG GmbH.

     They must review the terms and conditions regularly at the same time

     they obtain or use an updated OpenPKG Framework. You cannot rise an

     objection against the proclaimed changes or amendments. However, you

     can terminate the license agreement without prior notice.

     DISCLAIMER

     ----------

     THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED

     WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF

     MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.

     IN NO EVENT SHALL THE AUTHORS AND COPYRIGHT HOLDERS AND THEIR

     CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,

     SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT

     LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF

     USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND

     ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,

     OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT

     OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF

     SUCH DAMAGE.

     LIMITED WARRANTY AND LIMITATION OF LIABILITY

     --------------------------------------------

     The OpenPKG GmbH is only liable for damages if the OpenPKG GmbH

     or one of its vicarious agents has violated a major contractual

     (cardinal) obligation or jeopardized the intention of the agreement

     or the damage was done by gross negligence or intention of the

     OpenPKG GmbH or one of its vicarious agents.

     In case the violation of a cardinal obligation is not caused by

     gross negligence or intention of the OpenPKG GmbH or one of its

     vicarious agents the liability of the OpenPKG GmbH is limited to the

     predictable damage characteristical for the contract.

     The preceding liability limitations apply for contractual and

     non-contractual claims. The liability of the OpenPKG GmbH due to

     warranties, personal injury and due to the German Product Liability

     Act remains unaffected from the preceding liability limitations.

     GENERAL

     -------

     This agreement sets forth the OpenPKG GmbH's entire liability and

     your exclusive remedy with respect to the Product and supersedes

     the terms of any purchase orders and any other communications or

     advertising with respect to the Product. You acknowledge that this

     agreement is a complete statement of the agreement between you

     and the OpenPKG GmbH with respect to the Product, and that there

     are no other prior or contemporaneous understandings, promises,

     representations, or descriptions with respect to the Product.

     Headings under this agreement are intended only for convenience and

     shall not affect the interpretation of this agreement.

     No failure of either party to exercise or enforce any of its rights

     under this agreement will act as a waiver of those rights. This

     agreement may only be modified, or any rights under it waived, by a

     written document executed by the party against which it is asserted.

     If any provision of this agreement is found illegal or

     unenforceable, it will be enforced to the maximum extent

     permissible, and the legality and enforceability of the other

     provisions of this agreement will not be affected.

     This agreement is governed by German law.

     If you have any questions about this agreement please contact the

     OpenPKG GmbH. Direct all traditional paper correspondence to the

     official company address as listed in the very first paragraph of

     this document. You find the most recent contact information on our

     website http://openpkg.com/

     You can find the most recent version of this document on our website

     http://openpkg.com/go/framework-license

 Assertion-MinProcVersion: 0.9.0

 Assertion-OnlineApproval: http://openpkg.com/go/framework-license-exception

 Assertion-ErrorToWarning: yes

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