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authorA. Wilcox <AWilcox@Wilcox-Tech.com>2017-06-11 08:41:26 +0000
committerA. Wilcox <AWilcox@Wilcox-Tech.com>2017-06-11 08:41:26 +0000
commit2f6caac6019e3182486965f7f09baed7e93e1be9 (patch)
tree2d5d4350a1bbf9bafdb5f0a5260714a6190c668d /licenses/simpserver-test
parenta37f6bfc3fde25205ebac44b82f1586b924c61da (diff)
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The New Plan
ebuild branch has old ebuilds. profiles dir still has CFLAGS. Everything else is removed or modified for changing of upstream to Alpine.
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-SimpServer test releases License Agreement
-
-This Agreement sets forth the terms and conditions under which test releases
-(also called beta versions) of the software known as SimpServer will be licensed
-by Secway SARL ("Secway") to you ("Licensee") for the duration of the test
-period.
-
-IMPORTANT: BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING OR
-DISTRIBUTING SIMPSERVER BETA VERSIONS (THE "PRODUCT") OR ANY OF ITS FILES (THE
-"PACKAGE"), THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("LICENSEE") IS
-CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE
-DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-
-ACCEPTANCE MUST BE SELECTED, AND LICENSEE MUST NOT INSTALL OR DISTRIBUTE OR USE
-THE SOFTWARE.
-
-
-Terms of the license agreement
-
-1. LICENSE AGREEMENT. This license agreement governs the obtaining, use,
-duplication, distribution, and modification of the Product and its package. Use,
-duplication, distribution or modification of the Product and its package implies
-the acceptation of this license agreement.
-
-2. LICENSE GRANT.
-a. Secway grants Licensee a non-exclusive and non-transferable license to
-reproduce and use for personal purposes the executable code version of the
-Product for the duration of the test period, provided any copy must contain all
-of the original proprietary notices.
-b. This license does not entitle Licensee to receive from Secway hard-copy
-documentation, technical support, telephone assistance, or enhancements or
-updates to the Product.
-c. Licensee may not customize the Product unless he has received a written
-agreement from Secway. In this case, the exact terms and extends of this
-customization are to be found in the written agreement.
-d. Licensee may not redistribute the Product unless for personal or
-internal business purposes. Redistribution must be free except possibly for
-media or bandwidth costs, and redistributed files must be the original package
-as obtained from Secway, without any modification. Distribution of the Product
-or its package aggregated with other programs as part of a larger (possibly
-commercial) software distribution may be permitted by a written agreement from
-Secway. Such distribution is also governed by terms of this license agreement
-plus amendments possibly made by the written agreement.
-
-3. RESTRICTIONS.
-a. Except as otherwise expressly permitted in this Agreement, Licensee may
-not:
-i. modify or create any derivative works of the Product or documentation,
-including translation or localization
-ii. redistribute, encumber, sell, rent, lease, sublicense, or otherwise
-transfer rights to the Product
-iii. remove or alter any trademark, logo, copyright or other proprietary
-notices, legends, symbols or labels in the Product
-iv. publish any results of benchmark tests or evaluation or reverse
-engineering (see below) run on the Product to a third party without Secway's
-prior written consent, which cannot be refused without any valid reason.
-b. Decompilation, disassembly, reverse engineering or any attempt to derive
-the source code for the Product is allowed for personal verification purposes
-only.
-
-4. FEES.
-a. There is no license fee for the Product.
-b. If Licensee wishes to receive the Product on media, there may be a small
-charge for the media and for shipping and handling. Licensee is responsible for
-any and all taxes.
-
-5. TERMINATION.
-a. Without prejudice to any other rights, Licensor may terminate this
-Agreement 1) at the end of the test period, as fixed by Licensor and posted to
-its Web site on the Internet or 2) if Licensee breaches any of its terms and
-conditions. Upon termination, Licensee shall destroy all copies of the Product.
-
-6. PROPRIETARY RIGHTS.
-a. Title, ownership rights, and intellectual property rights in the Product
-shall remain in Secway and/or its suppliers.
-b. Licensee acknowledges such ownership and intellectual property rights
-and will not take any action to jeopardize, limit or interfere in any manner
-with Secway's or its suppliers' ownership of or rights with respect to the
-Product.
-c. The Product is protected by copyright and other intellectual property
-laws and by international treaties.
-d. Title and related rights in the content accessed through the Product is
-the property of the applicable content owner and is protected by applicable law.
-The license granted under this Agreement gives Licensee no rights to such
-content.
-e. The names Secway or Simp or SimpServer may not be used to endorse or
-promote products derived from this software without specific prior written
-permission.
-
-7. DISCLAIMER OF WARRANTY.
-BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE
-PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED
-IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS
-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
-NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
-PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
-PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF
-ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
-
-8. LIMITATION OF LIABILITY.
-TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR
-ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
-CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT,
-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 ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL
-OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
-IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT
-SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS
-LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY SECWAY UNDER A
-SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL
-INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW
-PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT
-ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
-THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. SECWAY IS NOT RESPONSIBLE
-FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY
-THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH
-CONTENT.
-
-9. ENCRYPTION.
-The Product containing encryption algorithms that may be forbidden by certain
-legislations or in certain parts of the World, Licensee must ensure himself that
-he has the legal right to import and/or use the Product. When redistributing
-copies of the Product in accordance with 1. and 2., the Licensee shall also
-ensure that he has the legal right to redistribute such copies, especially when
-exporting them.
-
-10. HIGH RISK ACTIVITIES.
-The Product is not fault-tolerant and is not designed, manufactured or intended
-for use or resale as on-line control equipment in hazardous environments
-requiring fail-safe performance, such as in the operation of nuclear facilities,
-aircraft navigation or communication systems, air traffic control, direct life
-support machines, or weapons systems, in which the failure of the Product could
-lead directly to death, personal injury, or severe physical or environmental
-damage ("High Risk Activities"). Accordingly, Licensor and its suppliers
-specifically disclaim any express or implied warranty of fitness for High Risk
-Activities. Licensee agrees that Licensor and its suppliers will not be liable
-for any claims or damages arising from the use of the Product in such
-applications.
-
-11. MISCELLANEOUS.
-a. This Agreement constitutes the entire agreement between the parties
-concerning the subject matter hereof.
-b. This Agreement may be amended only by a writing signed by both parties.
-c. Except to the extent applicable law, if any, provides otherwise, this
-Agreement shall be governed by the laws of France.
-d. If any provision in this Agreement should be held illegal or
-unenforceable by a court having jurisdiction, such provision shall be modified
-to the extent necessary to render it enforceable without losing its intent, or
-severed from this Agreement if no such modification is possible, and other
-provisions of this Agreement shall remain in full force and effect.
-e. The controlling language of this Agreement is French. If Licensee has
-received a translation into another language, it has been provided for
-Licensee's convenience only.
-f. A waiver by either party of any term or condition of this Agreement or
-any breach thereof, in any one instance, shall not waive such term or condition
-or any subsequent breach thereof.
-g. The provisions of this Agreement which require or contemplate
-performance after the expiration or termination of this Agreement shall be
-enforceable notwithstanding said expiration or termination.
-h. Licensee may not assign or otherwise transfer by operation of law or
-otherwise this Agreement or any rights or obligations herein except in the case
-of a merger or the sale of all or substantially all of Licensee's assets to
-another entity.
-i. This Agreement shall be binding upon and shall inure to the benefit of
-the parties, their successors and permitted assigns.
-j. Neither party shall be in default or be liable for any delay, failure in
-performance (excepting the obligation to pay) or interruption of service
-resulting directly or indirectly from any cause beyond its reasonable control.
-k. The relationship between Licensor and Licensee is that of independent
-contractors and neither Licensee nor its agents shall have any authority to bind
-Licensor in any way.
-l. If any dispute arises under this Agreement, the prevailing party shall
-be reimbursed by the other party for any and all legal fees and costs associated
-therewith.
-m. The headings to the sections of this Agreement are used for convenience
-only and shall have no substantive meaning.
-n. Licensor may use Licensee's name in any customer reference list or in
-any press release issued by Licensor regarding the licensing of the Product
-and/or provide Licensee's name and the names of the Product licensed by Licensee
-to third parties.
-
-
-
-[end.] \ No newline at end of file