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author | Dylan Carlson <absinthe@gentoo.org> | 2003-03-11 12:01:17 +0000 |
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committer | Dylan Carlson <absinthe@gentoo.org> | 2003-03-11 12:01:17 +0000 |
commit | 23ddc2fb762104ba77abb98d9f4968fed6f645b7 (patch) | |
tree | 3f503049c7e7560020adf394150af45ddc465934 /licenses/ORIONSERVER | |
parent | notes in ChangeLog (diff) | |
download | gentoo-2-23ddc2fb762104ba77abb98d9f4968fed6f645b7.tar.gz gentoo-2-23ddc2fb762104ba77abb98d9f4968fed6f645b7.tar.bz2 gentoo-2-23ddc2fb762104ba77abb98d9f4968fed6f645b7.zip |
required for net-www/orion.
Diffstat (limited to 'licenses/ORIONSERVER')
-rw-r--r-- | licenses/ORIONSERVER | 328 |
1 files changed, 328 insertions, 0 deletions
diff --git a/licenses/ORIONSERVER b/licenses/ORIONSERVER new file mode 100644 index 000000000000..2ad527f8ef8b --- /dev/null +++ b/licenses/ORIONSERVER @@ -0,0 +1,328 @@ +Orion Application Server License Agreement + +IronFlare AB ("IronFlare") grants the Licensee (the "Licensee") a non-exclusive +and non-transferable License (as hereinafter defined) for the software Orion +Application Server (the "Software"), including Documentation (as hereinafter +defined). The License permits the Licensee to Use (as hereinafter defined) the +Software on a single computer system, (the "System") for use only upon the +terms and subject to the conditions contained herein. + +1 Definitions + +1.1 "Confidential Information" means this Agreement, all Software listings, +Documentation, information, data drawings, benchmark tests, specifications, +trade secrets, object code and machine-readable copies of the Software, source +code relating to the software, and any other proprietary information supplied +to Licensee by IronFlare. + +1.2 "Documentation" means all online help files or written instructions +regarding the use of the Software. + + +1.3 "Use" means utilisation of the Software by loading, transmitting or copying +the same into temporary (e.g. RAM) or permanent memory (e.g. hard disk, CD-ROM +or other storage device) of the System for the processing of the Software. + + +2. License + +2.1 IronFlare hereby grants the Licensee a non-exclusive, non-transferable and +non-assignable right to Use the Software on one (1) System and use the +Documentation in connection with Use of the Software (the "License"). + +2.2 The validity of the License is conditional on payment by the Licensee of a +license fee for the Software in accordance with this Agreement. The Software +is NOT free or shareware. + + +2.3 Copies of the Software made in accordance with this Agreement, are covered +by the provisions of this Agreement. + + +3. License Restrictions + + + +3.1 Licensee agrees that it will itself, or through any parent, subsidiary, +affiliate, agent or other third party: + + +3.1.1 not sell, lease, rent, loan, license, sublicense, redistribute, encumber +or otherwise deal with any portion of the Software or Documentation or +otherwise permit anyone other than the Licensee either directly or indirectly, +for payment or otherwise, to make use of or otherwise dispose of the Software +or the Documentation; the making of copies of the Software or the +Documentation for private use is therefore prohibited; + + +3.1.2 not decompile, disassemble, or reverse engineer binary portions of the +Software or otherwise attempt to derive the source code from such portions, +unless and to the extent required under national law; + + +3.1.3 not create any derivative software or any other software program from the +Software or based on the Confidential Information provided by IronFlare; + + +3.1.4 not use the Software to provide processing services to third parties, +commercial timesharing, rental or sharing arrangements, or on a "service +bureau" basis; + + +3.1.5 not provide, disclose, divulge or make available to, or permit use of the +Software, the Documentation or the Confidential Information by persons other +than Licensee's employees; + + +3.1.6 maintain accurate and up-to-date records of the number and location of +all copies of the Software; + + +3.1.7 supervise and control that use of the Software and the fulfillment of the +Licensee's other obligations is made in accordance with the terms of this +Agreement. + + +4. License Fee + + + +4.1 In consideration of the rights granted herein, the Licensee shall pay +IronFlare the license fee indicated on the Internet site as the Licensee +downloaded the Software or any other site that IronFlare informs the Licensee +of (the "the License Fee") before the first Use of the Software by the +Licensee. In the event of overdue payment, IronFlare reserves the right to +charge interest on the amount due at the rate of two per cent per month until +the date of payment. + + +4.2 If the License is prolonged for another one-year-period according to clause +6.1 below, the Licensee shall pay to IronFlare the License Fee or, if +applicable, the adjusted License Fee that IronFlare has informed the Licensee +of. + + +4.3 The Licensee shall reimburse IronFlare for all sales, use or other taxes, +fees or duties not based on income, arising out of this Agreement. + + +4.4 Payments to IronFlare according to this Agreement shall be made in +accordance with IronFlare's instructions on the Internet site as the Licensee +downloaded the Software or any other site that IronFlare informs the Licensee +of. + + +5. Upgrades + + + +5.1 Upon payment to IronFlare of the License Fee, the Licensee shall be +entitled to receive new versions of the Software during the term of this +Agreement ("Upgrades"). Upgrades form a part of the Software and this +Agreement shall apply to such Upgrades. + + +5.2 Upgrades will be made available at the same Internet site as the Licensee +downloaded the Software or any other site that IronFlare informs the Licensee +of. + + +5.3 The Licensee may make queries or report errors to IronFlare by means of +Electronic Mail. IronFlare is under no obligation to support the Software or +to make error corrections. + + +6. Term and Termination + + + +6.1 This Agreement shall become effective on the first date on which the +Licensee Uses the Software (the "Effective Date") and will expire one (1) year +from the Effective Date ("the Expiry Date"), unless terminated earlier as +provided in this Agreement. This Agreement will be automatically prolonged for +an additional one-year-period from the Expiry Date if the Licensee not later +than on the Expiry Date pays to IronFlare the Licensee Fee as stated in clause +4.2 above for the following one-year-period. + + +6.2 Notwithstanding any provisions contained herein, this Agreement may be +terminated with immediate effect by IronFlare upon written notification, if +Licensee substantially fails to fulfill the Licensee's obligations according +to this Agreement. + + +6.3 The Licensee may terminate this License at any time by destroying the +Software, Documentation and all copies thereof. + + +6.4 Upon termination, the Licensee shall (i) immediately return to IronFlare +all Confidential Information and (ii) pay to IronFlare any and all amounts +outstanding under this Agreement. + + +6.5 The termination of this Agreement shall be without prejudice to the rights +of the parties accrued up to the date of such expiry or termination. The +Licensee shall not be entitled to any refund of fees and other sums paid to +IronFlare. + + +6.6 Clauses 7, 13 and 14 shall survive termination of this Agreement. + + +7. Intellectual Property Rights + + + +7.1 The Licensee acknowledges that any and all trademarks, copyrights, patents +and other intellectual property rights, owned by IronFlare, used or embodied +in or connected with the Software and the Documentation, shall be and remain +the exclusive property of IronFlare. + + +7.2 This License does not entail the transfer to the Licensee of IronFlare's +rights in the form of, among other things, copyright or, where appropriate, +patent rights or any other intellectual property rights to the Software or the +Documentation. The License does not include a special patent license, and the +Licensee may not, therefore, make use of any actual patent. + + +8. Warranty and Limitation of Liability + + + +8.1 THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER +EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF +MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. + + +8.2 IronFlare DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR- FREE(INCLUDING, +WITHOUT LIMITATION; FREE FROM VIRUS ETC.) OR THAT SUCH ERRORS WILL BE +CORRECTED, AND THE LICENSEE IS SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES +ASSOCIATED WITH RECTIFICATION,LOSS OF DATA, REPAIR OR DAMAGE CAUSED BY SUCH +ERRORS. + + +8.3 IronFlare SHALL NOT BE LIABLE TO THE LICENSEE OR TO ANY OTHER PARTY FOR ANY +LOSS OR DAMAGE WHATSOEVER OR HOWSOEVER CAUSED ARISING DIRECTLY OR INDIRECTLY +IN CONNECTION WITH THIS LICENSE, THE SOFTWARE, ITS USE OR OTHERWISE, EXCEPT TO +THE EXTENT THAT SUCH LIABILITY MAY NOT BE LAWFULLY EXCLUDED UNDER THE +APPLICABLE LAW. + + +8.4 NOTWITHSTANDING THE GENERALITY OF CLAUSE 8.3 ABOVE, IronFlare EXPRESSLY +EXCLUDES LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR +DAMAGE WHICH MAY ARISE IN RESPECT OF THE SOFTWARE HOWSOEVER CAUSED EVEN IF +ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. + + +8.5 IN THE EVENT IronFlare INCURS ANY LIABILITY WHATSOEVER, SUCH LIABILITY IS +LIMITED TO THE LICENSE FEE PAID BY THE LICENSEE FOR THE SOFTWARE (EXCEPT FOR +DEATH OR PERSONAL INJURY ARISING FROM IronFlare'S NEGLIGENCE). + + +9. The Licensee's Liability + + + +The Licensee agrees to indemnify IronFlare and hold IronFlare harmless against +and from any claim, proceeding, loss, liability, fine, cost and expense +(including court costs and reasonable fees for attorneys and other +professionals) incurred as a result of (i) the Licensee failing to fulfill the +Licensee's obligations or breaching the terms of this Agreement when using the +Software, (ii) any failure of the Licensee to pay for, or to have all +necessary rights, approvals and licenses required should the Software be +interfaced with third party software and/or hardware, and (iii) any use or +combination of the Software or any part thereof with any other programs or +materials if such use or combination infringes any intellectual property +rights of third parties. + + +10. Severability + + + +In the event that any terms, conditions or provisions contained in this +Agreement or any part thereof are found to be invalid, unlawful or +unenforceable to any extent, the parties shall endeavour to agree such +amendments, which shall in as far as possible effect the intentions expressed +therein. In default of such agreement, such invalid term, condition or +provision shall be severed from the remaining terms, conditions and +provisions, which shall continue to be valid and enforceable to the fullest +extent permitted by law. + + +11. Assignment + + + +Neither this Agreement nor any rights granted by virtue of it, or resulting +from it, may be assigned by the Licensee to others without IronFlare's prior +written consent. + + +12. Benchmarks + + + +The Licensee may publish results of any benchmark or comparison tests run on +the Software, only if IronFlare is sent a copy of such results, as well as the +actual classfiles or any other files used, or information needed, to perform +the benchmarks or tests. Such results shall include information about the +hardware used to run the benchmarks or tests. + + +13. Confidential Information + + + +13.1 The Licensee shall treat all proprietary and/or Confidential Information +as strictly confidential. The Licensee hereby agrees that all terms and +conditions of this Agreement shall be treated as confidential and shall not be +disclosed to others without IronFlare's prior written consent. This +confidentiality undertaking shall not apply to any part of the proprietary +and/or Confidential Information of which the Licensee can prove (i) was known +to it prior to being furnished to it hereunder (as evidenced by written record +predating such disclosure), (ii) was or became public knowledge through no +fault or breach of the terms of this Agreement by the Licensee, (iii) was +received by the Licensee from a third party in good faith and not in breach of +any agreement, or (iv) was independently acquired by the Licensee as a result +of work carried out by an employee of the Licensee to whom no disclosure of +this proprietary and/or Confidential Information was made. + + +13.2 The Licensee approves IronFlare, when marketing the Software, giving +public the fact that the Licensee is a user. + + +14. Force Majeure + + + +Neither the Licensee nor IronFlare shall be liable for breach of any of the +provisions of this Agreement in case of force majeure. Force majeure shall +include, but shall not be limited to, inability to supply the Software, +material breakdown of its equipment, labour disputes of whatever nature or +cause, and any other circumstances reasonably beyond the control of the party +claiming that this provision shall apply. + + +15. Applicable law and arbitration + + + +15.1 This Agreement shall be construed under and governed by the laws of +Sweden. + + +15.2 Any dispute concerning the interpretation and/or application of this +Agreement shall be settled by arbitration under the Rules of the Stockholm +Chamber of Commerce. Arbitration proceedings shall be held in Stockholm, +Sweden. The proceedings shall be conducted in the English language. + + +15.3 Notwithstanding the provision in clause 15.2, IronFlare may, in its sole +choice and discretion, institute proceedings concerning the recovery of any +fees and rates unpaid under this Agreement in any court having jurisdiction +over the Licensee and also in the District Court of Stockholm, the +jurisdiction of which the Licensee hereby expressly and irrevocably submits +to.
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