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author | Michael Sterrett <mr_bones_@gentoo.org> | 2008-03-26 01:45:44 +0000 |
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committer | Michael Sterrett <mr_bones_@gentoo.org> | 2008-03-26 01:45:44 +0000 |
commit | e983e86143ed23ba5d5e50097f28e05048ec81e1 (patch) | |
tree | 0fbad5fcd70f2130f5556bc12fd322c77983fa79 /licenses | |
parent | Fixed typo causing wrong ant target to be called. (diff) | |
download | historical-e983e86143ed23ba5d5e50097f28e05048ec81e1.tar.gz historical-e983e86143ed23ba5d5e50097f28e05048ec81e1.tar.bz2 historical-e983e86143ed23ba5d5e50097f28e05048ec81e1.zip |
remove unused license
Diffstat (limited to 'licenses')
-rw-r--r-- | licenses/ORIONSERVER | 328 |
1 files changed, 0 insertions, 328 deletions
diff --git a/licenses/ORIONSERVER b/licenses/ORIONSERVER deleted file mode 100644 index 2ad527f8ef8b..000000000000 --- a/licenses/ORIONSERVER +++ /dev/null @@ -1,328 +0,0 @@ -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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