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author | William McArthur <sandymac@gentoo.org> | 2002-04-29 22:51:50 +0000 |
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committer | William McArthur <sandymac@gentoo.org> | 2002-04-29 22:51:50 +0000 |
commit | c19087d79204763b6f19cb29cd70c63d6e35a2b8 (patch) | |
tree | 1ea72a60d8003193e60247c6635c9bb0c85e8878 /licenses | |
parent | removed older ebuilds (diff) | |
download | gentoo-2-c19087d79204763b6f19cb29cd70c63d6e35a2b8.tar.gz gentoo-2-c19087d79204763b6f19cb29cd70c63d6e35a2b8.tar.bz2 gentoo-2-c19087d79204763b6f19cb29cd70c63d6e35a2b8.zip |
More LICENSES stuff
Diffstat (limited to 'licenses')
-rw-r--r-- | licenses/NPL-1.1 | 569 | ||||
-rw-r--r-- | licenses/vmware | 221 |
2 files changed, 790 insertions, 0 deletions
diff --git a/licenses/NPL-1.1 b/licenses/NPL-1.1 new file mode 100644 index 000000000000..c738ea914ac6 --- /dev/null +++ b/licenses/NPL-1.1 @@ -0,0 +1,569 @@ + + AMENDMENTS + + The Netscape Public License Version 1.1 ("NPL") consists of the + Mozilla Public License Version 1.1 with the following Amendments, + including Exhibit A-Netscape Public License. Files identified with + "Exhibit A-Netscape Public License" are governed by the Netscape + Public License Version 1.1. + + Additional Terms applicable to the Netscape Public License. + I. Effect. + These additional terms described in this Netscape Public + License -- Amendments shall apply to the Mozilla Communicator + client code and to all Covered Code under this License. + + II. "Netscape's Branded Code" means Covered Code that Netscape + distributes and/or permits others to distribute under one or more + trademark(s) which are controlled by Netscape but which are not + licensed for use under this License. + + III. Netscape and logo. + This License does not grant any rights to use the trademarks + "Netscape", the "Netscape N and horizon" logo or the "Netscape + lighthouse" logo, "Netcenter", "Gecko", "Java" or "JavaScript", + "Smart Browsing" even if such marks are included in the Original + Code or Modifications. + + IV. Inability to Comply Due to Contractual Obligation. + Prior to licensing the Original Code under this License, Netscape + has licensed third party code for use in Netscape's Branded Code. + To the extent that Netscape is limited contractually from making + such third party code available under this License, Netscape may + choose to reintegrate such code into Covered Code without being + required to distribute such code in Source Code form, even if + such code would otherwise be considered "Modifications" under + this License. + + V. Use of Modifications and Covered Code by Initial Developer. + V.1. In General. + The obligations of Section 3 apply to Netscape, except to + the extent specified in this Amendment, Section V.2 and V.3. + + V.2. Other Products. + Netscape may include Covered Code in products other than the + Netscape's Branded Code which are released by Netscape + during the two (2) years following the release date of the + Original Code, without such additional products becoming + subject to the terms of this License, and may license such + additional products on different terms from those contained + in this License. + + V.3. Alternative Licensing. + Netscape may license the Source Code of Netscape's Branded + Code, including Modifications incorporated therein, without + such Netscape Branded Code becoming subject to the terms of + this License, and may license such Netscape Branded Code on + different terms from those contained in this License. + + VI. Litigation. + Notwithstanding the limitations of Section 11 above, the + provisions regarding litigation in Section 11(a), (b) and (c) of + the License shall apply to all disputes relating to this License. + + EXHIBIT A-Netscape Public License. + + "The contents of this file are subject to the Netscape Public + License Version 1.1 (the "License"); you may not use this file + except in compliance with the License. You may obtain a copy of + the License at http://www.mozilla.org/NPL/ + + Software distributed under the License is distributed on an "AS + IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or + implied. See the License for the specific language governing + rights and limitations under the License. + + The Original Code is Mozilla Communicator client code, released + March 31, 1998. + + The Initial Developer of the Original Code is Netscape + Communications Corporation. Portions created by Netscape are + Copyright (C) 1998-1999 Netscape Communications Corporation. All + Rights Reserved. + + Contributor(s): ______________________________________. + + Alternatively, the contents of this file may be used under the + terms of the _____ license (the "[___] License"), in which case + the provisions of [______] License are applicable instead of + those above. If you wish to allow use of your version of this + file only under the terms of the [____] License and not to allow + others to use your version of this file under the NPL, indicate + your decision by deleting the provisions above and replace them + with the notice and other provisions required by the [___] + License. If you do not delete the provisions above, a recipient + may use your version of this file under either the NPL or the + [___] License." + + ---------------------------------------------------------------------- + + MOZILLA PUBLIC LICENSE + Version 1.1 + + --------------- + +1. Definitions. + + 1.0.1. "Commercial Use" means distribution or otherwise making the + Covered Code available to a third party. + + 1.1. "Contributor" means each entity that creates or contributes to + the creation of Modifications. + + 1.2. "Contributor Version" means the combination of the Original + Code, prior Modifications used by a Contributor, and the Modifications + made by that particular Contributor. + + 1.3. "Covered Code" means the Original Code or Modifications or the + combination of the Original Code and Modifications, in each case + including portions thereof. + + 1.4. "Electronic Distribution Mechanism" means a mechanism generally + accepted in the software development community for the electronic + transfer of data. + + 1.5. "Executable" means Covered Code in any form other than Source + Code. + + 1.6. "Initial Developer" means the individual or entity identified + as the Initial Developer in the Source Code notice required by Exhibit + A. + + 1.7. "Larger Work" means a work which combines Covered Code or + portions thereof with code not governed by the terms of this License. + + 1.8. "License" means this document. + + 1.8.1. "Licensable" means having the right to grant, to the maximum + extent possible, whether at the time of the initial grant or + subsequently acquired, any and all of the rights conveyed herein. + + 1.9. "Modifications" means any addition to or deletion from the + substance or structure of either the Original Code or any previous + Modifications. When Covered Code is released as a series of files, a + Modification is: + A. Any addition to or deletion from the contents of a file + containing Original Code or previous Modifications. + + B. Any new file that contains any part of the Original Code or + previous Modifications. + + 1.10. "Original Code" means Source Code of computer software code + which is described in the Source Code notice required by Exhibit A as + Original Code, and which, at the time of its release under this + License is not already Covered Code governed by this License. + + 1.10.1. "Patent Claims" means any patent claim(s), now owned or + hereafter acquired, including without limitation, method, process, + and apparatus claims, in any patent Licensable by grantor. + + 1.11. "Source Code" means the preferred form of the Covered Code for + making modifications to it, including all modules it contains, plus + any associated interface definition files, scripts used to control + compilation and installation of an Executable, or source code + differential comparisons against either the Original Code or another + well known, available Covered Code of the Contributor's choice. The + Source Code can be in a compressed or archival form, provided the + appropriate decompression or de-archiving software is widely available + for no charge. + + 1.12. "You" (or "Your") means an individual or a legal entity + exercising rights under, and complying with all of the terms of, this + License or a future version of this License issued under Section 6.1. + For legal entities, "You" includes any entity which controls, is + controlled by, or is under common control with You. For purposes of + this definition, "control" means (a) the power, direct or indirect, + to cause the direction or management of such entity, whether by + contract or otherwise, or (b) ownership of more than fifty percent + (50%) of the outstanding shares or beneficial ownership of such + entity. + +2. Source Code License. + + 2.1. The Initial Developer Grant. + The Initial Developer hereby grants You a world-wide, royalty-free, + non-exclusive license, subject to third party intellectual property + claims: + (a) under intellectual property rights (other than patent or + trademark) Licensable by Initial Developer to use, reproduce, + modify, display, perform, sublicense and distribute the Original + Code (or portions thereof) with or without Modifications, and/or + as part of a Larger Work; and + + (b) under Patents Claims infringed by the making, using or + selling of Original Code, to make, have made, use, practice, + sell, and offer for sale, and/or otherwise dispose of the + Original Code (or portions thereof). + + (c) the licenses granted in this Section 2.1(a) and (b) are + effective on the date Initial Developer first distributes + Original Code under the terms of this License. + + (d) Notwithstanding Section 2.1(b) above, no patent license is + granted: 1) for code that You delete from the Original Code; 2) + separate from the Original Code; or 3) for infringements caused + by: i) the modification of the Original Code or ii) the + combination of the Original Code with other software or devices. + + 2.2. Contributor Grant. + Subject to third party intellectual property claims, each Contributor + hereby grants You a world-wide, royalty-free, non-exclusive license + + (a) under intellectual property rights (other than patent or + trademark) Licensable by Contributor, to use, reproduce, modify, + display, perform, sublicense and distribute the Modifications + created by such Contributor (or portions thereof) either on an + unmodified basis, with other Modifications, as Covered Code + and/or as part of a Larger Work; and + + (b) under Patent Claims infringed by the making, using, or + selling of Modifications made by that Contributor either alone + and/or in combination with its Contributor Version (or portions + of such combination), to make, use, sell, offer for sale, have + made, and/or otherwise dispose of: 1) Modifications made by that + Contributor (or portions thereof); and 2) the combination of + Modifications made by that Contributor with its Contributor + Version (or portions of such combination). + + (c) the licenses granted in Sections 2.2(a) and 2.2(b) are + effective on the date Contributor first makes Commercial Use of + the Covered Code. + + (d) Notwithstanding Section 2.2(b) above, no patent license is + granted: 1) for any code that Contributor has deleted from the + Contributor Version; 2) separate from the Contributor Version; + 3) for infringements caused by: i) third party modifications of + Contributor Version or ii) the combination of Modifications made + by that Contributor with other software (except as part of the + Contributor Version) or other devices; or 4) under Patent Claims + infringed by Covered Code in the absence of Modifications made by + that Contributor. + +3. Distribution Obligations. + + 3.1. Application of License. + The Modifications which You create or to which You contribute are + governed by the terms of this License, including without limitation + Section 2.2. The Source Code version of Covered Code may be + distributed only under the terms of this License or a future version + of this License released under Section 6.1, and You must include a + copy of this License with every copy of the Source Code You + distribute. You may not offer or impose any terms on any Source Code + version that alters or restricts the applicable version of this + License or the recipients' rights hereunder. However, You may include + an additional document offering the additional rights described in + Section 3.5. + + 3.2. Availability of Source Code. + Any Modification which You create or to which You contribute must be + made available in Source Code form under the terms of this License + either on the same media as an Executable version or via an accepted + Electronic Distribution Mechanism to anyone to whom you made an + Executable version available; and if made available via Electronic + Distribution Mechanism, must remain available for at least twelve (12) + months after the date it initially became available, or at least six + (6) months after a subsequent version of that particular Modification + has been made available to such recipients. You are responsible for + ensuring that the Source Code version remains available even if the + Electronic Distribution Mechanism is maintained by a third party. + + 3.3. Description of Modifications. + You must cause all Covered Code to which You contribute to contain a + file documenting the changes You made to create that Covered Code and + the date of any change. You must include a prominent statement that + the Modification is derived, directly or indirectly, from Original + Code provided by the Initial Developer and including the name of the + Initial Developer in (a) the Source Code, and (b) in any notice in an + Executable version or related documentation in which You describe the + origin or ownership of the Covered Code. + + 3.4. Intellectual Property Matters + (a) Third Party Claims. + If Contributor has knowledge that a license under a third party's + intellectual property rights is required to exercise the rights + granted by such Contributor under Sections 2.1 or 2.2, + Contributor must include a text file with the Source Code + distribution titled "LEGAL" which describes the claim and the + party making the claim in sufficient detail that a recipient will + know whom to contact. If Contributor obtains such knowledge after + the Modification is made available as described in Section 3.2, + Contributor shall promptly modify the LEGAL file in all copies + Contributor makes available thereafter and shall take other steps + (such as notifying appropriate mailing lists or newsgroups) + reasonably calculated to inform those who received the Covered + Code that new knowledge has been obtained. + + (b) Contributor APIs. + If Contributor's Modifications include an application programming + interface and Contributor has knowledge of patent licenses which + are reasonably necessary to implement that API, Contributor must + also include this information in the LEGAL file. + + (c) Representations. + Contributor represents that, except as disclosed pursuant to + Section 3.4(a) above, Contributor believes that Contributor's + Modifications are Contributor's original creation(s) and/or + Contributor has sufficient rights to grant the rights conveyed by + this License. + + 3.5. Required Notices. + You must duplicate the notice in Exhibit A in each file of the Source + Code. If it is not possible to put such notice in a particular Source + Code file due to its structure, then You must include such notice in a + location (such as a relevant directory) where a user would be likely + to look for such a notice. If You created one or more Modification(s) + You may add your name as a Contributor to the notice described in + Exhibit A. You must also duplicate this License in any documentation + for the Source Code where You describe recipients' rights or ownership + rights relating to Covered Code. You may choose to offer, and to + charge a fee for, warranty, support, indemnity or liability + obligations to one or more recipients of Covered Code. However, You + may do so only on Your own behalf, and not on behalf of the Initial + Developer or any Contributor. You must make it absolutely clear than + any such warranty, support, indemnity or liability obligation is + offered by You alone, and You hereby agree to indemnify the Initial + Developer and every Contributor for any liability incurred by the + Initial Developer or such Contributor as a result of warranty, + support, indemnity or liability terms You offer. + + 3.6. Distribution of Executable Versions. + You may distribute Covered Code in Executable form only if the + requirements of Section 3.1-3.5 have been met for that Covered Code, + and if You include a notice stating that the Source Code version of + the Covered Code is available under the terms of this License, + including a description of how and where You have fulfilled the + obligations of Section 3.2. The notice must be conspicuously included + in any notice in an Executable version, related documentation or + collateral in which You describe recipients' rights relating to the + Covered Code. You may distribute the Executable version of Covered + Code or ownership rights under a license of Your choice, which may + contain terms different from this License, provided that You are in + compliance with the terms of this License and that the license for the + Executable version does not attempt to limit or alter the recipient's + rights in the Source Code version from the rights set forth in this + License. If You distribute the Executable version under a different + license You must make it absolutely clear that any terms which differ + from this License are offered by You alone, not by the Initial + Developer or any Contributor. You hereby agree to indemnify the + Initial Developer and every Contributor for any liability incurred by + the Initial Developer or such Contributor as a result of any such + terms You offer. + + 3.7. Larger Works. + You may create a Larger Work by combining Covered Code with other code + not governed by the terms of this License and distribute the Larger + Work as a single product. In such a case, You must make sure the + requirements of this License are fulfilled for the Covered Code. + +4. Inability to Comply Due to Statute or Regulation. + + If it is impossible for You to comply with any of the terms of this + License with respect to some or all of the Covered Code due to + statute, judicial order, or regulation then You must: (a) comply with + the terms of this License to the maximum extent possible; and (b) + describe the limitations and the code they affect. Such description + must be included in the LEGAL file described in Section 3.4 and must + be included with all distributions of the Source Code. Except to the + extent prohibited by statute or regulation, such description must be + sufficiently detailed for a recipient of ordinary skill to be able to + understand it. + +5. Application of this License. + + This License applies to code to which the Initial Developer has + attached the notice in Exhibit A and to related Covered Code. + +6. Versions of the License. + + 6.1. New Versions. + Netscape Communications Corporation ("Netscape") may publish revised + and/or new versions of the License from time to time. Each version + will be given a distinguishing version number. + + 6.2. Effect of New Versions. + Once Covered Code has been published under a particular version of the + License, You may always continue to use it under the terms of that + version. You may also choose to use such Covered Code under the terms + of any subsequent version of the License published by Netscape. No one + other than Netscape has the right to modify the terms applicable to + Covered Code created under this License. + + 6.3. Derivative Works. + If You create or use a modified version of this License (which you may + only do in order to apply it to code which is not already Covered Code + governed by this License), You must (a) rename Your license so that + the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", + "MPL", "NPL" or any confusingly similar phrase do not appear in your + license (except to note that your license differs from this License) + and (b) otherwise make it clear that Your version of the license + contains terms which differ from the Mozilla Public License and + Netscape Public License. (Filling in the name of the Initial + Developer, Original Code or Contributor in the notice described in + Exhibit A shall not of themselves be deemed to be modifications of + this License.) + +7. DISCLAIMER OF WARRANTY. + + COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, + WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, + WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF + DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. + THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE + IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, + YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE + COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER + OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF + ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. + +8. TERMINATION. + + 8.1. This License and the rights granted hereunder will terminate + automatically if You fail to comply with terms herein and fail to cure + such breach within 30 days of becoming aware of the breach. All + sublicenses to the Covered Code which are properly granted shall + survive any termination of this License. Provisions which, by their + nature, must remain in effect beyond the termination of this License + shall survive. + + 8.2. If You initiate litigation by asserting a patent infringement + claim (excluding declatory judgment actions) against Initial Developer + or a Contributor (the Initial Developer or Contributor against whom + You file such action is referred to as "Participant") alleging that: + + (a) such Participant's Contributor Version directly or indirectly + infringes any patent, then any and all rights granted by such + Participant to You under Sections 2.1 and/or 2.2 of this License + shall, upon 60 days notice from Participant terminate prospectively, + unless if within 60 days after receipt of notice You either: (i) + agree in writing to pay Participant a mutually agreeable reasonable + royalty for Your past and future use of Modifications made by such + Participant, or (ii) withdraw Your litigation claim with respect to + the Contributor Version against such Participant. If within 60 days + of notice, a reasonable royalty and payment arrangement are not + mutually agreed upon in writing by the parties or the litigation claim + is not withdrawn, the rights granted by Participant to You under + Sections 2.1 and/or 2.2 automatically terminate at the expiration of + the 60 day notice period specified above. + + (b) any software, hardware, or device, other than such Participant's + Contributor Version, directly or indirectly infringes any patent, then + any rights granted to You by such Participant under Sections 2.1(b) + and 2.2(b) are revoked effective as of the date You first made, used, + sold, distributed, or had made, Modifications made by that + Participant. + + 8.3. If You assert a patent infringement claim against Participant + alleging that such Participant's Contributor Version directly or + indirectly infringes any patent where such claim is resolved (such as + by license or settlement) prior to the initiation of patent + infringement litigation, then the reasonable value of the licenses + granted by such Participant under Sections 2.1 or 2.2 shall be taken + into account in determining the amount or value of any payment or + license. + + 8.4. In the event of termination under Sections 8.1 or 8.2 above, + all end user license agreements (excluding distributors and resellers) + which have been validly granted by You or any distributor hereunder + prior to termination shall survive termination. + +9. LIMITATION OF LIABILITY. + + UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT + (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL + DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, + OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR + ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY + CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, + WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER + COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN + INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF + LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY + RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW + PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE + EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO + THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. + +10. U.S. GOVERNMENT END USERS. + + The Covered Code is a "commercial item," as that term is defined in + 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer + software" and "commercial computer software documentation," as such + terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 + C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), + all U.S. Government End Users acquire Covered Code with only those + rights set forth herein. + +11. MISCELLANEOUS. + + This License represents the complete agreement concerning subject + matter hereof. If any provision of this License is held to be + unenforceable, such provision shall be reformed only to the extent + necessary to make it enforceable. This License shall be governed by + California law provisions (except to the extent applicable law, if + any, provides otherwise), excluding its conflict-of-law provisions. + With respect to disputes in which at least one party is a citizen of, + or an entity chartered or registered to do business in the United + States of America, any litigation relating to this License shall be + subject to the jurisdiction of the Federal Courts of the Northern + District of California, with venue lying in Santa Clara County, + California, with the losing party responsible for costs, including + without limitation, court costs and reasonable attorneys' fees and + expenses. The application of the United Nations Convention on + Contracts for the International Sale of Goods is expressly excluded. + Any law or regulation which provides that the language of a contract + shall be construed against the drafter shall not apply to this + License. + +12. RESPONSIBILITY FOR CLAIMS. + + As between Initial Developer and the Contributors, each party is + responsible for claims and damages arising, directly or indirectly, + out of its utilization of rights under this License and You agree to + work with Initial Developer and Contributors to distribute such + responsibility on an equitable basis. Nothing herein is intended or + shall be deemed to constitute any admission of liability. + +13. MULTIPLE-LICENSED CODE. + + Initial Developer may designate portions of the Covered Code as + "Multiple-Licensed". "Multiple-Licensed" means that the Initial + Developer permits you to utilize portions of the Covered Code under + Your choice of the NPL or the alternative licenses, if any, specified + by the Initial Developer in the file described in Exhibit A. + +EXHIBIT A -Mozilla Public License. + + ``The contents of this file are subject to the Mozilla Public License + Version 1.1 (the "License"); you may not use this file except in + compliance with the License. You may obtain a copy of the License at + http://www.mozilla.org/MPL/ + + Software distributed under the License is distributed on an "AS IS" + basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the + License for the specific language governing rights and limitations + under the License. + + The Original Code is ______________________________________. + + The Initial Developer of the Original Code is ________________________. + Portions created by ______________________ are Copyright (C) ______ + _______________________. All Rights Reserved. + + Contributor(s): ______________________________________. + + Alternatively, the contents of this file may be used under the terms + of the _____ license (the "[___] License"), in which case the + provisions of [______] License are applicable instead of those + above. If you wish to allow use of your version of this file only + under the terms of the [____] License and not to allow others to use + your version of this file under the MPL, indicate your decision by + deleting the provisions above and replace them with the notice and + other provisions required by the [___] License. If you do not delete + the provisions above, a recipient may use your version of this file + under either the MPL or the [___] License." + + [NOTE: The text of this Exhibit A may differ slightly from the text of + the notices in the Source Code files of the Original Code. You should + use the text of this Exhibit A rather than the text found in the + Original Code Source Code for Your Modifications.] + diff --git a/licenses/vmware b/licenses/vmware new file mode 100644 index 000000000000..68daa07960bf --- /dev/null +++ b/licenses/vmware @@ -0,0 +1,221 @@ + END USER LICENSE AGREEMENT + FOR VMWARE(TM) DESKTOP SOFTWARE PRODUCT + + +VMWARE, INC. LICENSES THIS DESKTOP SOFTWARE PRODUCT TO YOU SUBJECT TO +YOUR ACCEPTANCE OF ALL OF THE TERMS CONTAINED IN THIS END USER LICENSE +AGREEMENT ("EULA"). READ THE TERMS OF THIS EULA CAREFULLY. IF YOU DO +NOT ACCEPT THIS AGREEMENT AND YOU HAVE PROOF OF PAYMENT, YOU MAY RETURN +THE UNOPENED SOFTWARE TO THE LOCATION AT WHICH YOU ACQUIRED IT WITHIN +THIRTY (30) DAYS FOR A REFUND OF THE LICENSE FEE. IF YOU ARE VIEWING +THIS EULA ELECTRONICALLY, SELECT THE "YES" BUTTON AT THE BOTTOM OF THIS +PAGE TO INDICATE YOUR AGREEMENT TO THE TERMS OF THIS EULA. IF YOU ARE NOT +WILLING TO BE BOUND BY ITS TERMS, SELECT THE "NO" BUTTON AT THE BOTTOM OF +THIS PAGE AND THE REGISTRATION OR INSTALLATION PROCESS WILL NOT CONTINUE. + +NOTICE TO CUSTOMER +If you do not agree to the terms of this EULA, do not install, activate, +or use this software. This EULA is a contract between you (either an +individual or an entity) and VMware, Inc. ("VMware"), which governs +your use of the VMware software product that accompanies this EULA +and related software components, which may include associated media, +printed materials, and online or electronic documentation. + +DEFINITIONS +In this EULA, the Desktop software and associated media, printed +materials, and online or electronic documentation are collectively +referred to as the "Software." When installed, the Software enables +you to run one or more instances of third-party operating systems +("Guest Operating Systems") and applications on a single computer system. +A software activation file and a serial number ("Software License Key") +issued to you by VMware are required to use the Software. The term +"Number of Licensed Users" means the number one (1), unless you received +a VMware License Certificate with this software product, in which case +the term "Number of Licensed Users" means the Number of Licensed Users +set forth on the VMware License Certificate. + +WARNING FOR EVALUATION LICENSEES +The Software can be activated with a no-cost evaluation Software +License Key. Evaluation Software License Keys have an expiration date +("Expiration Date"). If you activate the Software with an evaluation +Software License Key: (i) you may use the Software until the Expiration +Date only to evaluate the suitability of the Software for licensing +on a for-fee basis; (ii) the limited 90-day warranty below is not +applicable to you; and (iii) THE SOFTWARE IS PROVIDED TO YOU "AS IS" +WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR +OTHERWISE. VMWARE BEARS NO LIABILITY FOR ANY DAMAGES RESULTING FROM USE +(OR ATTEMPTED USE) OF THE SOFTWARE THROUGH OR AFTER THE EXPIRATION DATE, +AND HAS NO DUTY TO PROVIDE SUPPORT TO YOU. + +LICENSE +The Software is licensed, not sold. Subject to the terms and limitations +of this EULA, VMware hereby grants you a nonexclusive, nontransferable +license, without rights to sublicense, to (i) make a number of copies +of the Software less than or equal to the Number of Licensed Users for +the purpose of installing a single copy of the Software on an equivalent +number of computers, each of which is running a validly licensed copy +of the operating system for which the Software is designed; (ii) use +the Software License Key to activate each copy of the Software made in +accordance with sub-clause (i); (iii) have up to the Number of Licensed +Users use the Software (in object code form only) solely for your +own internal information processing services and computing needs; and +(iv) use the documentation accompanying the Software in connection with +permitted uses of the Software. If you are an entity, each copy of the +Software may be used by one designated individual user only. The total +number of designated users may not exceed the Number of Licensed Users. +Each copy of the Software may not be used by any other person, whether or +not such person is employed by or otherwise associated with your entity. + +LIMITED SHARED USE LICENSE +For shared use computing laboratory environments within academic +institutions, the license grant above shall be modified to permit use +of the Software on a single computer system without the limitation +that such use be limited to the designated user(s); provided that any +such user(s) agree to and abide by the terms of this EULA; provided +further that you must acquire and dedicate a Software License Key for +each separate computer system on which the Software is installed. Under +this shared computing laboratory use license, a computing laboratory at +an academic institution having ten computers loaded with the Software +on which no more than five users would concurrently access and use the +Software, for example, would require ten Software License Keys. Unless +the computing laboratory is operated and maintained by and within an +academic institution, this limited shared use license does not apply. + +LICENSE LIMITATIONS +You may not copy the Software except for a reasonable number of +machine-readable copies of the Software for backup or archival purposes +and except as expressly permitted in the License section above. You may +not share or use concurrently the Software except as expressly permitted +in the Limited Shared Use License section above. You may not remove +any titles, trademarks or trade names, copyright notices, legends, or +other proprietary markings on the Software. You are not granted any +rights to any trademarks or service marks of VMware. VMware retains +all rights not expressly granted to you. + +LICENSE AS UPGRADE OF PREVIOUSLY LICENSED PRODUCT +If you purchased this Desktop software product as an upgrade at the +applicable upgrade price, then you must have previously purchased a +prior version of this Desktop software product at the applicable product +(not upgrade) price. If you have not purchased a prior version at the +applicable product price, then please contact the vendor from whom you +purchased the upgrade, or, if you are unable to contact your vendor, +VMware, to make payment for the difference between the upgrade price +and the product price within thirty (30) days of the date you purchased +the upgrade. If you do not make the appropriate payment to your vendor +or VMware within thirty (30) days, this EULA will automatically terminate +and you must comply with the termination provisions below. + +LICENSES REQUIRED FOR THIRD-PARTY SOFTWARE +The Software allows multiple Guest Operating Systems and applications to +run on a single computer system. You are responsible for obtaining any +licenses necessary to operate any such third-party software, including +Guest Operating Systems. In the event that the Software includes a valid +licensed copy of a Guest Operating System for pre-installation with +the Software, the use of such Guest Operating System shall be defined +by the end user license agreement for that Guest Operating System. +By explicitly accepting this EULA, or by installing, copying, downloading, +accessing, or otherwise using the Software and/or Software License Key, +you are acknowledging and agreeing to be bound by the terms of the end +user license agreement for the pre-installed Guest Operating System, +which terms accompany the Guest Operating System. + +PROPRIETARY RIGHTS RESERVED BY VMWARE +VMware retains all right, title, and interest in and to the Software and +the Software License Key and in all related copyrights, trade secrets, +patents, trademarks, and any other intellectual and industrial property +and proprietary rights, including registrations, applications, renewals, +and extensions of such rights. + +RESTRICTIONS +You may not (i) sell, lease, license, sublicense, or otherwise transfer +in whole or in part the Software or the Software License Key to another +party; (ii) provide, disclose, divulge or make available to, or permit +use of the Software in whole or in part by, any third party, including +contractors, without VMware's prior written consent; (iii) decompile, +disassemble, reverse engineer, or otherwise attempt to derive source code +from the Software, in whole or in part; (iv) modify or create derivative +works based upon the Software; or (v) use the Software to provide network, +application hosting or other services to third parties, or otherwise +use the Software on a service bureau or hosting basis for your customers. + +SUPPORT SERVICES +VMware may provide limited web-based support services related to +the Software for a period of thirty (30) days after the date of +purchase. Additional support services may be purchased separately. +Any such support services provided by VMware will be governed by the +VMware polices and programs described in online documentation and other +VMware provided materials. Any supplemental software code or related +materials that VMware provides to you as part of any support services are +to be considered part of the Software and are subject to the terms and +conditions of this EULA. VMware may use any technical information you +provide to VMware for any VMware business purposes without restriction, +including for product support and development. VMware will not use +information in a form that personally identifies you. + +UPDATES AND UPGRADES NOT INCLUDED +This EULA does not give you any rights to any updates or upgrades to the +Software or to any extensions or enhancements to the Software developed +by VMware at any time in the future. Rights to any future developments +will be governed by a separate subscription contract that you may sign +with VMware or by the end user license agreement relating to those +developments, in each case as described in the online documentation or +other VMware provided materials. + +TERMINATION +VMware may terminate this EULA if you fail to comply with any term of +this EULA. In the event of termination, you must destroy all copies of +the Software and Software License Key. In addition you must remove all +copies of the Software from the computer(s) on which it is installed. + +GOVERNMENT RESTRICTIONS +You may not export or re-export the Software except in compliance with +the United States Export Administration Act and the related rules and +regulations and similar non-U.S. government restrictions, if applicable. +The Software and accompanying documentation are deemed to be "commercial +computer software" and "commercial computer software documentation," +respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212(b), +as applicable. Any use, modification, reproduction, release, performing, +displaying, or disclosing of the Software by the U.S. Government shall +be governed solely by the terms of this EULA. + +LIMITED WARRANTY +VMware warrants that the media, if any, on which the Software is delivered +will be free of defects and that the Software will substantially conform +to the description contained in the applicable documentation, in each +case for a period of 90 days after the date of delivery of the Software +License Key. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, VMWARE +MAKES AND YOU RECEIVE NO WARRANTIES ON THE SOFTWARE, EXPRESS, IMPLIED, +STATUTORY, OR IN ANY OTHER PROVISION OF THIS EULA OR COMMUNICATION +WITH YOU, AND VMWARE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF +MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. + +LIMITATION OF LIABILITY +IN NO EVENT WILL VMWARE BE LIABLE FOR ANY LOST PROFITS OR BUSINESS +OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR +ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES +UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, +NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. THIS LIMITATION SHALL +APPLY REGARDLESS OF WHETHER VMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF +SUCH DAMAGES. VMWARE'S LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT, +EXCEED THE LICENSE FEES, IF ANY, PAID BY YOU TO VMWARE FOR THE SOFTWARE +LICENSED BY YOU UNDER THIS EULA. + +GENERAL +This EULA is governed by the laws of the State of California, +U.S.A. without regard to conflict of law principles. The United Nations +Convention for the International Sale of Goods shall not apply. This EULA +is the entire agreement between us and supersedes any other communications +or advertising with respect to the Software. If any provision of this +EULA is held invalid, the remainder of this EULA shall continue in full +force and effect. This EULA may be modified only by written agreement +signed by authorized representatives of you and VMware. + +CONTACT INFORMATION +If you have any questions about this EULA, or if you want to contact +VMware for any reason, please direct all correspondence to: VMware, +Inc., 3145 Porter Drive, Building F, Palo Alto, CA 94304, United States +of America or email info@vmware.com. + +VMware is a trademark of VMware, Inc. + + |