diff -r 71503088f51b -r f880f219c566 openpkg/license-RECOVERY.txt --- /dev/null Thu Jan 01 00:00:00 1970 +0000 +++ b/openpkg/license-RECOVERY.txt Tue Jul 31 12:23:42 2012 +0200 @@ -0,0 +1,270 @@ +-----BEGIN PGP SIGNED MESSAGE----- +Hash: SHA1 + +Id: RECOVERY +Name: OpenPKG Framework Recovery License +Version: 1.0.0 +Issuer: OpenPKG GmbH +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 " 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 + +-----BEGIN PGP SIGNATURE----- +Comment: OpenPKG GmbH + +iEYEARECAAYFAktAcOcACgkQZwQuyWG3rjSeagCfcFS91ucreRtRxxK1rRoODgLI +mmAAnim+i0THJLMrm/ha1FfOGroa30ve +=VAb/ +-----END PGP SIGNATURE-----