michael@428: -----BEGIN PGP SIGNED MESSAGE----- michael@428: Hash: SHA1 michael@428: michael@428: Id: EVAL michael@428: Name: OpenPKG Framework Evaluation License michael@428: Version: 1.0.0 michael@428: Issuer: OpenPKG GmbH michael@428: Issued: 2010-01-01 michael@428: michael@428: Licensee: arbitrary deployer of OpenPKG Framework michael@428: with this run-time license activated michael@428: michael@428: Description: michael@428: michael@428: OPENPKG FRAMEWORK EVALUATION LICENSE michael@428: ==================================== michael@428: michael@428: This license agreement constitutes a valid and binding agreement michael@428: between the OpenPKG GmbH, jurisdiction identification "DE MUC HRB michael@428: 160208", postal address "Weblinger Weg 28, 85221 Dachau, GERMANY", michael@428: digital signature name "OpenPKG GmbH " and michael@428: digital signature fingerprint "7D12 1A8F C05D C18A 4329 E9EF 6704 michael@428: 2EC9 61B7 AE34", represented by the two managing directors Ralf S. michael@428: Engelschall and Thomas Lotterer, and you, the licensee. michael@428: michael@428: "You" means the natural person or the entity that is agreeing to be michael@428: bound by this agreement. You shall be liable for any failure by your michael@428: employees and third party contractors that provide services to you michael@428: to comply with the terms and conditions of this agreement. michael@428: michael@428: AGREEMENT michael@428: --------- michael@428: michael@428: By using, copying, modifying or distributing the Product you agree michael@428: to be bound by the terms and conditions of this agreement. If you michael@428: are accepting these terms on behalf of another person or a company michael@428: or other legal entity, you represent and warrant that you have full michael@428: authority to bind that person, company, or legal entity to these michael@428: terms. If you do not agree to the terms and conditions of this michael@428: agreement, you may not use, copy, modify or distribute the Product. michael@428: You may return the unused Product to the supplier from which you michael@428: acquired it within 30 days and request a refund of the license fee, michael@428: if any, already paid upon showing proof of payment. michael@428: michael@428: TERMINOLOGY michael@428: ----------- michael@428: michael@428: OpenPKG is a solution to build software stacks consisting of OpenPKG michael@428: Packages and an OpenPKG Framework to operate them. michael@428: michael@428: For your information, OpenPKG Packages are available from the michael@428: OpenPKG Foundation e.V., which licenses and distributes them as Open michael@428: Source Software. These OpenPKG Packages are in no way subject of michael@428: this agreement. michael@428: michael@428: The OpenPKG Framework is a property of the OpenPKG GmbH with all michael@428: rights reserved. Licenses, like this one, which grant limited michael@428: permission to use, copy, modify and distribute this software are michael@428: exclusively issued by the OpenPKG GmbH. michael@428: michael@428: Licensing as described in this agreement covers the OpenPKG michael@428: Framework code copyrighted by the OpenPKG GmbH and the OpenPKG michael@428: Framework as a compound work. The OpenPKG Framework is distributed michael@428: in source code form and also contains pristine third-party sources michael@428: where each comes with its own licensing model. These licenses are michael@428: in no way altered by this agreement, but passed through to you michael@428: verbatim. You are responsible for obtaining and obeying any such michael@428: vendor license. michael@428: michael@428: This license describes how you appropriately use, copy, modify michael@428: and distribute the OpenPKG Framework source code and the binaries michael@428: resulting from the build process. This license does not include any michael@428: entitlement for you to receive service or support from the OpenPKG michael@428: GmbH, there are no warranties beyond the minimum implied warranty, michael@428: and there are no promises with respect to the future of the Product michael@428: or any derived works. michael@428: michael@428: GRANT OF RIGHTS GENERAL TERMS michael@428: ----------------------------- michael@428: michael@428: The OpenPKG Framework is licensed, not sold. Subject to the terms michael@428: and conditions of this agreement, the OpenPKG GmbH hereby grants michael@428: you a non-exclusive, non-sub-licensable and non-transferable right michael@428: to use the Product. You may not lease or rent the OpenPKG Framework michael@428: license. michael@428: michael@428: You may sell or otherwise transfer unused licenses if you ensure michael@428: the recipient receives these terms and conditions with the same michael@428: transaction and acknowledges to take over your responsibilities from michael@428: this agreement. michael@428: michael@428: You may not remove any titles, trademarks or trade names, copyright michael@428: notices, legends, or other proprietary markings on the Product. You michael@428: are not granted any rights to any trademarks or service marks of the michael@428: OpenPKG GmbH. All rights not expressly granted by this license are michael@428: reserved. michael@428: michael@428: You may use the Product as long as you own this license issued by michael@428: the OpenPKG GmbH, install it and obey the terms and conditions michael@428: listed below. This license, issued by the OpenPKG GmbH, ships michael@428: as a digitally signed text file which carries the exact license michael@428: conditions both in human readable plain text and attached in a michael@428: machine readable format. The latter may be used by the OpenPKG michael@428: Framework to programmatically validate the license compliance. If michael@428: programmatic license validation within the OpenPKG Framework detects michael@428: a compliance failure, the OpenPKG Framework might cease operation. michael@428: It is your responsibility to ensure compliance with these terms and michael@428: conditions. michael@428: michael@428: GRANT OF RIGHTS TO USE THE OPENPKG FRAMEWORK michael@428: -------------------------------------------- michael@428: michael@428: This "evaluation" license ships free of charge with every OpenPKG michael@428: Framework and allows restricted use of the OpenPKG Framework. The michael@428: constraint is a run-time limitation after initial installation, michael@428: see "Assertion-InstanceAge" at the bottom of this document. After michael@428: that period the evaluation license is void and either must be michael@428: replaced by another license or use of the OpenPKG Framework must be michael@428: discontinued. michael@428: michael@428: GRANT OF RIGHTS TO COPY THE OPENPKG FRAMEWORK michael@428: --------------------------------------------- michael@428: michael@428: You may create an unlimited number of copies of the Product. michael@428: michael@428: GRANT OF RIGHTS TO MODIFY THE OPENPKG FRAMEWORK michael@428: ----------------------------------------------- michael@428: michael@428: You may modify most parts of the Product and adjust it to your michael@428: needs, creating derivative works. You may not remove license michael@428: validation code, and you must ensure the preservation of the OpenPKG michael@428: GmbH fingerprint data. The copyright notice, the license excerpt and michael@428: the reference to this terms and conditions must be kept verbatim. michael@428: You must make clear to the recipient of the derived works that the michael@428: version he is receiving has been modified and by whom. michael@428: michael@428: These terms and conditions stay if force for derivative works. To michael@428: keep modifications your property you must not distribute them, in michael@428: source or binary form, beyond your organizational scope. In cases michael@428: of extended distribution or publication you agree to contribute michael@428: your modifications automatically, free of charge and without any michael@428: royalty claims, to the OpenPKG GmbH, transfer the source code of michael@428: your modifications to the OpenPKG GmbH and irrevocably transfer michael@428: all rights of your modifications to the OpenPKG GmbH which will michael@428: grant you unlimited use rights to your contribution. There is no michael@428: promise the OpenPKG GmbH includes your contribution into the OpenPKG michael@428: Framework. michael@428: michael@428: GRANT OF RIGHTS TO DISTRIBUTE THE OPENPKG FRAMEWORK michael@428: --------------------------------------------------- michael@428: michael@428: You may distribute the Product, or derivative works thereof created michael@428: under adherence of the "rights to modify" grant, if you ensure michael@428: the recipient receives these terms and conditions with the same michael@428: transaction. michael@428: michael@428: ONLINE ACCESS michael@428: ------------- michael@428: michael@428: The OpenPKG Framework collects information about the OpenPKG michael@428: Framework, OpenPKG Framework License and OpenPKG Packages for use michael@428: by the OpenPKG Project, the OpenPKG Foundation e.V. and the OpenPKG michael@428: GmbH. The programmatic license validation might and the information michael@428: upload process does require online access to the Internet. You agree michael@428: to grant the OpenPKG Framework permission for this use case and you michael@428: assume all costs related to the online access. michael@428: michael@428: TERMINATION michael@428: ----------- michael@428: michael@428: You may not use the OpenPKG Framework except as expressly michael@428: provided under the license. Any attempt to otherwise use, copy, michael@428: modify, distribute or sub-license the Product is void, and will michael@428: automatically terminate your rights under this license. michael@428: michael@428: CHANGE michael@428: ------ michael@428: michael@428: The OpenPKG GmbH reserves the right to subsequently modify or amend michael@428: details of these terms and conditions where this seems applicable, michael@428: as long as you are, in good faith, not disadvantaged thereby. michael@428: michael@428: Those changes or amendments of the terms and conditions will be michael@428: proclaimed to you by a written document, delivered to you in michael@428: electronic format or paper mail as chosen by the OpenPKG GmbH. michael@428: Anonymous and unknown users cannot be contacted by the OpenPKG GmbH. michael@428: They must review the terms and conditions regularly at the same time michael@428: they obtain or use an updated OpenPKG Framework. You cannot rise an michael@428: objection against the proclaimed changes or amendments. However, you michael@428: can terminate the license agreement without prior notice. michael@428: michael@428: DISCLAIMER michael@428: ---------- michael@428: michael@428: THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED michael@428: WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF michael@428: MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. michael@428: IN NO EVENT SHALL THE AUTHORS AND COPYRIGHT HOLDERS AND THEIR michael@428: CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, michael@428: SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT michael@428: LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF michael@428: USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND michael@428: ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, michael@428: OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT michael@428: OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF michael@428: SUCH DAMAGE. michael@428: michael@428: LIMITED WARRANTY AND LIMITATION OF LIABILITY michael@428: -------------------------------------------- michael@428: michael@428: The OpenPKG GmbH is only liable for damages if the OpenPKG GmbH michael@428: or one of its vicarious agents has violated a major contractual michael@428: (cardinal) obligation or jeopardized the intention of the agreement michael@428: or the damage was done by gross negligence or intention of the michael@428: OpenPKG GmbH or one of its vicarious agents. michael@428: michael@428: In case the violation of a cardinal obligation is not caused by michael@428: gross negligence or intention of the OpenPKG GmbH or one of its michael@428: vicarious agents the liability of the OpenPKG GmbH is limited to the michael@428: predictable damage characteristical for the contract. michael@428: michael@428: The preceding liability limitations apply for contractual and michael@428: non-contractual claims. The liability of the OpenPKG GmbH due to michael@428: warranties, personal injury and due to the German Product Liability michael@428: Act remains unaffected from the preceding liability limitations. michael@428: michael@428: GENERAL michael@428: ------- michael@428: michael@428: This agreement sets forth the OpenPKG GmbH's entire liability and michael@428: your exclusive remedy with respect to the Product and supersedes michael@428: the terms of any purchase orders and any other communications or michael@428: advertising with respect to the Product. You acknowledge that this michael@428: agreement is a complete statement of the agreement between you michael@428: and the OpenPKG GmbH with respect to the Product, and that there michael@428: are no other prior or contemporaneous understandings, promises, michael@428: representations, or descriptions with respect to the Product. michael@428: michael@428: Headings under this agreement are intended only for convenience and michael@428: shall not affect the interpretation of this agreement. michael@428: michael@428: No failure of either party to exercise or enforce any of its rights michael@428: under this agreement will act as a waiver of those rights. This michael@428: agreement may only be modified, or any rights under it waived, by a michael@428: written document executed by the party against which it is asserted. michael@428: michael@428: If any provision of this agreement is found illegal or michael@428: unenforceable, it will be enforced to the maximum extent michael@428: permissible, and the legality and enforceability of the other michael@428: provisions of this agreement will not be affected. michael@428: michael@428: This agreement is governed by German law. michael@428: michael@428: If you have any questions about this agreement please contact the michael@428: OpenPKG GmbH. Direct all traditional paper correspondence to the michael@428: official company address as listed in the very first paragraph of michael@428: this document. You find the most recent contact information on our michael@428: website http://openpkg.com/ michael@428: michael@428: You can find the most recent version of this document on our website michael@428: http://openpkg.com/go/framework-license michael@428: michael@428: Assertion-MinProcVersion: 0.9.0 michael@428: Assertion-InstanceAge: 90d michael@428: michael@428: -----BEGIN PGP SIGNATURE----- michael@428: Comment: OpenPKG GmbH michael@428: michael@428: iEYEARECAAYFAktAcOAACgkQZwQuyWG3rjTH+gCfXyfm2xzMoGqsYthehkbLh+8x michael@428: mooAnA6O7bygggM8RaHjRZs2YZ1oQAqa michael@428: =zsbV michael@428: -----END PGP SIGNATURE-----