Gentoo Archives: gentoo-commits

From: "Ulrich Müller" <ulm@g.o>
To: gentoo-commits@l.g.o
Subject: [gentoo-commits] repo/gentoo:master commit in: licenses/, profiles/
Date: Sun, 01 May 2016 20:06:53
Message-Id: 1462133124.d7dc55bdb2c9243d6f201afd12a993f1398e5d8b.ulm@gentoo
1 commit: d7dc55bdb2c9243d6f201afd12a993f1398e5d8b
2 Author: Ulrich Müller <ulm <AT> gentoo <DOT> org>
3 AuthorDate: Sun May 1 20:05:24 2016 +0000
4 Commit: Ulrich Müller <ulm <AT> gentoo <DOT> org>
5 CommitDate: Sun May 1 20:05:24 2016 +0000
6 URL: https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=d7dc55bd
7
8 licenses: Remove unused licenses.
9
10 licenses/HP-JDKJRE6 | 78 ---
11 licenses/IBM-J1.6 | 988 -------------------------------------
12 licenses/codehaus-groovy | 47 --
13 licenses/oracle-java-documentation | 59 ---
14 licenses/shoutcast | 29 --
15 licenses/sun-jsr93 | 45 --
16 profiles/license_groups | 2 +-
17 7 files changed, 1 insertion(+), 1247 deletions(-)
18
19 diff --git a/licenses/HP-JDKJRE6 b/licenses/HP-JDKJRE6
20 deleted file mode 100644
21 index 6aa1634..0000000
22 --- a/licenses/HP-JDKJRE6
23 +++ /dev/null
24 @@ -1,78 +0,0 @@
25 -License JRE or JDK version 6.0
26 -
27 -To download and install the software, follow the steps below.
28 -
29 -LEGAL NOTICE - READ BEFORE DOWNLOADING OR OTHERWISE USING THIS SOFTWARE.
30 -
31 -ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE HP SOFTWARE LICENSE TERMS AND SUPPLEMENTAL RESTRICTIONS SET FORTH BELOW, THIRD PARTY SOFTWARE LICENSE TERMS FOUND IN THE THIRDPARTYLICENSEREADME.TXT FILE AND THE WARRANTY DISCLAIMER ATTACHED. IF YOU DO NOT ACCEPT THESE TERMS FULLY, YOU MAY NOT INSTALL OR OTHERWISE USE THE SOFTWARE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS NOTICE, INSTALLING OR OTHERWISE USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE LICENSE TERMS.
32 -
33 -HP software license terms for both JRE and JDK
34 -
35 -The following terms govern your use of the Software. For the purpose of this Agreement, “Software” means the Java Runtime Environment (“JRE”) or the Java Developers Kit (“JDK”) you download in connection with this Agreement.
36 -
37 -License grant
38 -HP grants you a license to Use one copy of the Software. "Use" means storing, loading, installing, executing or displaying the Software for the purpose of developing and running Java applets and applications on Java SE-enabled HP computers. You may not modify the Software or disable any licensing or control features of the Software.
39 -
40 -Ownership
41 -The Software is owned and copyrighted by HP or its third party suppliers. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software. HP's third party suppliers may protect their rights in the event of any violation of these License Terms.
42 -
43 -Third Party Code
44 -Some third-party code embedded or bundled with the Software is licensed to you under different terms and conditions as set forth in the THIRDPARTYLICENSEREADME.txt file. In addition to any terms and conditions of any third party license identified in the THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty and limitation of liability provisions in this license shall apply to all code distributed as part of or bundled with the Software.
45 -
46 -Source Code
47 -Software may contain source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the terms of this license. Source code may not be redistributed unless expressly provided for in these License Terms.
48 -
49 -Copies and Adaptations
50 -You may only make copies or adaptations of the Software for archival purposes or when copying or adaptation is an essential step in the authorized Use of the Software. You must reproduce all copyright notices in the original Software on all copies or adaptations. You may not copy the Software onto any bulletin board or similar system.
51 -
52 -No disassembly or decryption
53 -You may not disassemble or decompile the Software unless HP's prior written consent is obtained. In some jurisdictions, HP's consent may not be required for disassembly or decompilation. Upon request, you will provide HP with reasonably detailed information regarding any disassembly or decompilation. You may not decrypt the Software unless decryption is a necessary part of the operation of the Software.
54 -
55 -Termination
56 -HP may terminate your license upon notice for failure to comply with any of these License Terms. Upon termination, you must immediately destroy the Software, together with all copies, adaptations and merged portions in any form.
57 -
58 -Export requirements
59 -The software you are about to download contains cryptography technology. Some countries regulate the import, use and/or export of certain products with cryptography. HP makes no claims as to the applicability of local country import, use and/or export regulations in relation to the download of this product. If you are located outside the U.S. and Canada you are advised to consult your local country regulations to insure compliance.
60 -
61 -You may not export or re-export this software or any copy or adaptation in violation of any applicable laws or regulations.
62 -
63 -Without limiting the generality of the foregoing, hardware, software, technology or services provided under this license agreement may not be exported, reexported, transferred or downloaded to or within (or to a national resident of) countries under U.S. economic embargo including the following countries:
64 -
65 -Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria.
66 -This list is subject to change.
67 -
68 -Hardware, software, technology or services may not be exported, reexported, transferred or downloaded to persons or entities listed on the U.S. Department of Commerce Denied Persons List, Entity List of proliferation concern or on any U.S. Treasury Department Designated Nationals exclusion list, or to parties directly or indirectly involved in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations (15 CFR 744).
69 -
70 -By accepting this license agreement you confirm that you are not located in (or a national resident of) any country under U.S. economic embargo, not identified on any U.S. Department of Commerce Denied Persons List, Entity List or Treasury Department Designated Nationals exclusion list, and not directly or indirectly involved in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations.
71 -
72 -U.S. government restricted rights
73 -The Software and any accompanying documentation have been developed entirely at private expense. They are delivered and licensed as "commercial computer software" as defined in DFARS 252.227-7013 (Oct 1988), DFARS 252.211-7015 (May 1991) or DFARS 252.227-7014 (Jun 1995), as a "commercial item" as defined in FAR2.101(a), or as "Restricted computer software" as defined in FAR 52.227-19 (Jun 1987)(or any equivalent agency regulation or contract clause), whichever is applicable. You have only those rights provided for such Software and any accompanying documentation by the applicable FAR or DFARS clause or the HP standard software agreement for the product involved. The owner is Hewlett-Packard Company, 3000 Hanover Street, Palo Alto, California 94304.
74 -
75 -Supplemental restrictions
76 -You acknowledge the Software is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation, or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. HP disclaims any express or implied warranty of fitness for such uses.
77 -
78 -Supplemental Terms Applicable to JRE only:
79 -License to Distribute JRE. You are granted a royalty-free right to reproduce and distribute the JRE, provided that you distribute the JRE complete and unmodified, only as a part of, and for the sole purpose of running your Java compatible applet or application into which the JRE is incorporated.
80 -
81 -Java Platform Interface. You may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that you create any Java-related API and distribute such API to others for applet or application development, you must promptly publish broadly, an accurate specification for such API for free use by all developers of Java-based software.
82 -
83 -You may make the JRE accessible to application programs developed by you provided that the programs allow such access only through the invocation interface specified and provided that you shall not expose or document other interfaces that permit access to the JRE. You shall not be restricted hereunder from exposing or documenting interfaces to software components that use or access the JRE.
84 -
85 -
86 -I ACCEPT ALL OF THE ABOVE TERMS. *
87 -I DO NOT ACCEPT ALL OF THE ABOVE TERMS.
88 -
89 -
90 -
91 ---------------------------------------------------------------------------------
92 -
93 -
94 -HP “AS-IS” warranty statement
95 -
96 -
97 -TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HP AND ITS SUPPLIERS PROVIDE THE SOFTWARE “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL INDEMNITIES, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, BY STATUTE, COMMON LAW, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND LACK OF VIRUSES. HP does not warrant that the operation of the Software will be uninterrupted or error-free or that the Software will meet your requirements. Some states/jurisdictions do not allow exclusion of implied warranties or limitation on the duration of implied warranties, so the above disclaimer may not apply to you in its entirety.
98 -
99 -TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HP OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, DOWNTIME COSTS, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS, DISCLOSURE, UNAVAILABILITY OF OR DAMAGE TO DATA, SOFTWARE RESTORATION, OR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF HP OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.
100 -
101 -I ACCEPT ALL OF THE ABOVE TERMS. *
102 - I DO NOT ACCEPT ALL OF THE ABOVE TERMS.
103
104 diff --git a/licenses/IBM-J1.6 b/licenses/IBM-J1.6
105 deleted file mode 100644
106 index a42b8f4..0000000
107 --- a/licenses/IBM-J1.6
108 +++ /dev/null
109 @@ -1,988 +0,0 @@
110 -International License Agreement for Non-Warranted Programs
111 -
112 -Part 1 - General Terms
113 -
114 -BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE PROGRAM YOU AGREE
115 -TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF
116 -ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT
117 -THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO
118 -THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS,
119 -
120 -- DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE PROGRAM; AND
121 -
122 -- PROMPTLY RETURN THE PROGRAM AND PROOF OF ENTITLEMENT TO THE PARTY FROM WHOM
123 -YOU ACQUIRED IT TO OBTAIN A REFUND OF THE AMOUNT YOU PAID. IF YOU DOWNLOADED THE
124 -PROGRAM, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT.
125 -
126 -"IBM" is International Business Machines Corporation or one of its subsidiaries.
127 -
128 -"License Information" ("LI") is a document that provides information specific to
129 -a Program. The Program's LI is available at http://www.ibm.com/software/sla/ .
130 -The LI may also be found in a file in the Program's directory, by the use of a
131 -system command, or as a booklet which accompanies the Program.
132 -
133 -"Program" is the following, including the original and all whole or partial
134 -copies: 1) machine-readable instructions and data, 2) components, 3)
135 -audio-visual content (such as images, text, recordings, or pictures), 4) related
136 -licensed materials, and 5) license use documents or keys, and documentation.
137 -
138 -A "Proof of Entitlement" ("PoE") is evidence of Your authorization to use a
139 -Program at a specified level. That level may be measured, for example, by the
140 -number of processors or users. The PoE is also evidence of Your eligibility for
141 -future upgrade prices, if any, and potential special or promotional
142 -opportunities. If IBM does not provide You with a PoE, then IBM may accept the
143 -original paid sales receipt or other sales record from the party (either IBM or
144 -its reseller) from whom You acquired the Program, provided that it specifies the
145 -name of the Program and the usage level acquired.
146 -
147 -"You" and "Your" refer either to an individual person or to a single legal
148 -entity.
149 -
150 -This Agreement includes Part 1 - General Terms, Part 2 - Country-unique Terms
151 -(if any), License Information, and Proof of Entitlement and is the complete
152 -agreement between You and IBM regarding the use of the Program. It replaces any
153 -prior oral or written communications between You and IBM concerning Your use of
154 -the Program. The terms of Part 2 and License Information may replace or modify
155 -those of Part 1. To the extent there is a conflict between the terms of this
156 -Agreement and those of the IBM International Passport Advantage Agreement, the
157 -terms of the latter agreement prevail.
158 -
159 -1. Entitlement
160 -
161 -License
162 -
163 -The Program is owned by IBM or an IBM supplier, and is copyrighted and licensed,
164 -not sold.
165 -
166 -IBM grants You a nonexclusive license to use the Program when You lawfully
167 -acquire it.
168 -
169 -You may 1) use the Program up to the level of use specified in the PoE and 2)
170 -make and install copies, including a backup copy, to support such use. The terms
171 -of this license apply to each copy You make. You will reproduce all copyright
172 -notices and all other legends of ownership on each copy, or partial copy, of the
173 -Program.
174 -
175 -If You acquire the Program as a program upgrade, after You install the upgrade
176 -You may not use the Program from which You upgraded or transfer it to another
177 -party.
178 -
179 -You will ensure that anyone who uses the Program (accessed either locally or
180 -remotely) does so only for Your authorized use and complies with the terms of
181 -this Agreement.
182 -
183 -You may not 1) use, copy, modify, or distribute the Program except as provided
184 -in this Agreement; 2) reverse assemble, reverse compile, or otherwise translate
185 -the Program except as specifically permitted by law without the possibility of
186 -contractual waiver; or 3) sublicense, rent, or lease the Program.
187 -
188 -IBM may terminate Your license if You fail to comply with the terms of this
189 -Agreement. If IBM does so, You must destroy all copies of the Program and its
190 -PoE.
191 -
192 -Money-back Guarantee
193 -
194 -If for any reason You are dissatisfied with the Program and You are the original
195 -licensee, You may obtain a refund of the amount You paid for it, if within 30
196 -days of Your invoice date You return the Program and its PoE to the party from
197 -whom You obtained it. If You downloaded the Program, You may contact the party
198 -from whom You acquired it for instructions on how to obtain the refund.
199 -
200 -Program Transfer
201 -
202 -You may transfer a Program and all of Your license rights and obligations to
203 -another party only if that party agrees to the terms of this Agreement. When You
204 -transfer the Program, You must also transfer a copy of this Agreement, including
205 -the Program's PoE. After the transfer, You may not use the Program.
206 -
207 -2. Charges
208 -
209 -The amount payable for a Program license is a one-time charge.
210 -
211 -One-time charges are based on the level of use acquired which is specified in
212 -the PoE. IBM does not give credits or refunds for charges already due or paid,
213 -except as specified elsewhere in this Agreement.
214 -
215 -If You wish to increase the level of use, notify IBM or the party from whom You
216 -acquired it and pay any applicable charges.
217 -
218 -If any authority imposes a duty, tax, levy or fee, excluding those based on
219 -IBM's net income, upon the Program, then You agree to pay the amount specified
220 -or supply exemption documentation. You are responsible for any personal property
221 -taxes for the Program from the date that You acquire it.
222 -
223 -3. No Warranty
224 -
225 -SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, IBM MAKES NO
226 -WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
227 -TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
228 -PARTICULAR PURPOSE, AND NON-INFRINGEMENT, REGARDING THE PROGRAM OR TECHNICAL
229 -SUPPORT, IF ANY.
230 -
231 -The exclusion also applies to any of IBM's Program developers and suppliers.
232 -
233 -Manufacturers, suppliers, or publishers of non-IBM Programs may provide their
234 -own warranties.
235 -
236 -IBM does not provide technical support, unless IBM specifies otherwise.
237 -
238 -4. Limitation of Liability
239 -
240 -Circumstances may arise where, because of a default on IBM's part or other
241 -liability, You are entitled to recover damages from IBM. In each such instance,
242 -regardless of the basis on which You may be entitled to claim damages from IBM,
243 -(including fundamental breach, negligence, misrepresentation, or other contract
244 -or tort claim), IBM is liable for no more than 1) damages for bodily injury
245 -(including death) and damage to real property and tangible personal property and
246 -2) the amount of any other actual direct damages up to the charges for the
247 -Program that is the subject of the claim.
248 -
249 -This limitation of liability also applies to IBM's Program developers and
250 -suppliers. It is the maximum for which they and IBM are collectively
251 -responsible.
252 -
253 -UNDER NO CIRCUMSTANCES IS IBM, ITS PROGRAM DEVELOPERS OR SUPPLIERS LIABLE FOR
254 -ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY:
255 -
256 -1. LOSS OF, OR DAMAGE TO, DATA;
257 -
258 -2. SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL
259 -DAMAGES; OR
260 -
261 -3. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
262 -
263 -SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
264 -CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
265 -YOU.
266 -
267 -5. General
268 -
269 -1. Nothing in this Agreement affects any statutory rights of consumers that
270 -cannot be waived or limited by contract.
271 -
272 -2. In the event that any provision of this Agreement is held to be invalid or
273 -unenforceable, the remaining provisions of this Agreement remain in full force
274 -and effect.
275 -
276 -3. You agree to comply with all applicable export and import laws and
277 -regulations.
278 -
279 -4. You agree to allow IBM to store and use Your contact information, including
280 -names, phone numbers, and e-mail addresses, anywhere they do business. Such
281 -information will be processed and used in connection with our business
282 -relationship, and may be provided to contractors, Business Partners, and
283 -assignees of IBM for uses consistent with their collective business activities,
284 -including communicating with You (for example, for processing orders, for
285 -promotions, and for market research).
286 -
287 -5. Neither You nor IBM will bring a legal action under this Agreement more than
288 -two years after the cause of action arose unless otherwise provided by local law
289 -without the possibility of contractual waiver or limitation.
290 -
291 -6. Neither You nor IBM is responsible for failure to fulfill any obligations due
292 -to causes beyond its control.
293 -
294 -7. This Agreement will not create any right or cause of action for any third
295 -party, nor will IBM be responsible for any third party claims against You
296 -except, as permitted by the Limitation of Liability section above, for bodily
297 -injury (including death) or damage to real or tangible personal property for
298 -which IBM is legally liable.
299 -
300 -6. Governing Law, Jurisdiction, and Arbitration
301 -
302 -Governing Law
303 -
304 -Both You and IBM consent to the application of the laws of the country in which
305 -You acquired the Program license to govern, interpret, and enforce all of Your
306 -and IBM's rights, duties, and obligations arising from, or relating in any
307 -manner to, the subject matter of this Agreement, without regard to conflict of
308 -law principles.
309 -
310 -The United Nations Convention on Contracts for the International Sale of Goods
311 -does not apply.
312 -
313 -Jurisdiction
314 -
315 -All of our rights, duties, and obligations are subject to the courts of the
316 -country in which You acquired the Program license.
317 -
318 -Part 2 - Country-unique Terms
319 -
320 -AMERICAS
321 -
322 -ARGENTINA: Governing Law, Jurisdiction, and Arbitration (Section 6): The
323 -following exception is added to this section:
324 -
325 -Any litigation arising from this Agreement will be settled exclusively by the
326 -Ordinary Commercial Court of the city of Buenos Aires.
327 -
328 -BRAZIL: Governing Law, Jurisdiction, and Arbitration (Section 6): The following
329 -exception is added to this section:
330 -
331 -Any litigation arising from this Agreement will be settled exclusively by the
332 -court of Rio de Janeiro, RJ.
333 -
334 -CANADA: General (Section 5): The following replaces item 7:
335 -
336 -7. This Agreement will not create any right or cause of action for any third
337 -party, nor will IBM be responsible for any third party claims against You except
338 -as permitted by the Limitation of Liability section above for bodily injury
339 -(including death) or physical harm to real or tangible personal property caused
340 -by IBM's negligence for which IBM is legally liable."
341 -
342 -Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws
343 -of the country in which You acquired the Program license" in the Governing Law
344 -subsection is replaced by the following:
345 -
346 -the laws in the Province of Ontario"
347 -
348 -PERU: Limitation of Liability (Section 4): The following is added at the end of
349 -this section:
350 -
351 -In accordance with Article 1328 of the Peruvian Civil Code, the limitations and
352 -exclusions specified in this section will not apply to damages caused by IBM's
353 -willful misconduct ("dolo") or gross negligence ("culpa inexcusable").
354 -
355 -UNITED STATES OF AMERICA: General (Section 5): The following is added to this
356 -section:
357 -
358 -U.S. Government Users Restricted Rights - Use, duplication or disclosure
359 -restricted by the GSA ADP Schedule Contract with the IBM Corporation.
360 -
361 -Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws
362 -of the country in which You acquired the Program license" in the Governing Law
363 -subsection is replaced by the following:
364 -
365 -the laws of the State of New York, United States of America
366 -
367 -ASIA PACIFIC
368 -
369 -AUSTRALIA: No Warranty (Section 3): The following is added:
370 -
371 -Although IBM specifies that there are no warranties, You may have certain
372 -rights under the Trade Practices Act 1974 or other legislation and are only
373 -limited to the extent permitted by the applicable legislation.
374 -
375 -Limitation of Liability (Section 4): The following is added:
376 -
377 -Where IBM is in breach of a condition or warranty implied by the Trade Practices
378 -Act 1974, IBM's liability is limited to the repair or replacement of the goods,
379 -or the supply of equivalent goods. Where that condition or warranty relates to
380 -right to sell, quiet possession or clear title, or the goods are of a kind
381 -ordinarily acquired for personal, domestic or household use or consumption, then
382 -none of the limitations in this paragraph apply.
383 -
384 -Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws
385 -of the country in which You acquired the Program license" in the Governing Law
386 -subsection is replaced by the following:
387 -
388 -the laws of the State or Territory in which You acquired the Program license
389 -
390 -CAMBODIA, LAOS, and VIETNAM: Governing Law, Jurisdiction, and Arbitration
391 -(Section 6): The phrase "the laws of the country in which You acquired the
392 -Program license" in the Governing Law subsection is replaced by the following:
393 -
394 -the laws of the State of New York, United States of America
395 -
396 -The following is added to this section:
397 -
398 -Arbitration
399 -
400 -Disputes arising out of or in connection with this Agreement shall be finally
401 -settled by arbitration which shall be held in Singapore in accordance with the
402 -Arbitration Rules of Singapore International Arbitration Center ("SIAC Rules")
403 -then in effect. The arbitration award shall be final and binding for the parties
404 -without appeal and shall be in writing and set forth the findings of fact and
405 -the conclusions of law.
406 -
407 -The number of arbitrators shall be three, with each side to the dispute being
408 -entitled to appoint one arbitrator. The two arbitrators appointed by the parties
409 -shall appoint a third arbitrator who shall act as chairman of the proceedings.
410 -Vacancies in the post of chairman shall be filled by the president of the SIAC.
411 -Other vacancies shall be filled by the respective nominating party. Proceedings
412 -shall continue from the stage they were at when the vacancy occurred.
413 -
414 -If one of the parties refuses or otherwise fails to appoint an arbitrator within
415 -30 days of the date the other party appoints its, the first appointed arbitrator
416 -shall be the sole arbitrator, provided that the arbitrator was validly and
417 -properly appointed.
418 -
419 -All proceedings shall be conducted, including all documents presented in such
420 -proceedings, in the English language. The English language version of this
421 -Agreement prevails over any other language version.
422 -
423 -HONG KONG S.A.R. and MACAU S.A.R. of China: Governing Law, Jurisdiction, and
424 -Arbitration (Section 6): The phrase "the laws of the country in which You
425 -acquired the Program license" in the Governing Law subsection is replaced by the
426 -following:
427 -
428 -the laws of Hong Kong Special Administrative Region of China
429 -
430 -INDIA: Limitation of Liability (Section 4): The following replaces the terms of
431 -items 1 and 2 of the first paragraph:
432 -
433 -1) liability for bodily injury (including death) or damage to real property and
434 -tangible personal property will be limited to that caused by IBM's negligence;
435 -and 2) as to any other actual damage arising in any situation involving
436 -nonperformance by IBM pursuant to, or in any way related to the subject of this
437 -Agreement, IBM's liability will be limited to the charge paid by You for the
438 -individual Program that is the subject of the claim.
439 -
440 -General (Section 5): The following replaces the terms of item 5:
441 -
442 -If no suit or other legal action is brought, within three years after the cause
443 -of action arose, in respect of any claim that either party may have against the
444 -other, the rights of the concerned party in respect of such claim will be
445 -forfeited and the other party will stand released from its obligations in
446 -respect of such claim.
447 -
448 -Governing Law, Jurisdiction, and Arbitration (Section 6): The following is added
449 -to this section:
450 -
451 -Arbitration
452 -
453 -Disputes arising out of or in connection with this Agreement shall be finally
454 -settled by arbitration which shall be held in Bangalore, India in accordance
455 -with the laws of India then in effect. The arbitration award shall be final and
456 -binding for the parties without appeal and shall be in writing and set forth the
457 -findings of fact and the conclusions of law.
458 -
459 -The number of arbitrators shall be three, with each side to the dispute being
460 -entitled to appoint one arbitrator. The two arbitrators appointed by the parties
461 -shall appoint a third arbitrator who shall act as chairman of the proceedings.
462 -Vacancies in the post of chairman shall be filled by the president of the Bar
463 -Council of India. Other vacancies shall be filled by the respective nominating
464 -party. Proceedings shall continue from the stage they were at when the vacancy
465 -occurred.
466 -
467 -If one of the parties refuses or otherwise fails to appoint an arbitrator within
468 -30 days of the date the other party appoints its, the first appointed arbitrator
469 -shall be the sole arbitrator, provided that the arbitrator was validly and
470 -properly appointed.
471 -
472 -All proceedings shall be conducted, including all documents presented in such
473 -proceedings, in the English language. The English language version of this
474 -Agreement prevails over any other language version.
475 -
476 -JAPAN: General (Section 5): The following is inserted after item 5:
477 -
478 -Any doubts concerning this Agreement will be initially resolved between us in
479 -good faith and in accordance with the principle of mutual trust.
480 -
481 -MALAYSIA: Limitation of Liability (Section 4): The word "SPECIAL" in item 2 of
482 -the third paragraph is deleted:
483 -
484 -NEW ZEALAND: No Warranty (Section 3): The following is added:
485 -
486 -Although IBM specifies that there are no warranties, You may have certain
487 -rights under the Consumer Guarantees Act 1993 or other legislation which cannot
488 -be excluded or limited. The Consumer Guarantees Act 1993 will not apply in
489 -respect of any goods which IBM provides, if You require the goods for the
490 -purposes of a business as defined in that Act.
491 -
492 -Limitation of Liability (Section 4): The following is added:
493 -
494 -Where Programs are not acquired for the purposes of a business as defined in the
495 -Consumer Guarantees Act 1993, the limitations in this Section are subject to the
496 -limitations in that Act.
497 -
498 -PEOPLE'S REPUBLIC OF CHINA: Charges (Section 2): The following is added:
499 -
500 -All banking charges incurred in the People's Republic of China will be borne by
501 -You and those incurred outside the People's Republic of China will be borne by
502 -IBM.
503 -
504 -Governing Law, Jurisdiction, and Arbitration (Section 6): The phrase "the laws
505 -of the country in which You acquired the Program license" in the Governing Law
506 -subsection is replaced by the following:
507 -
508 -the laws of the State of New York, United States of America (except when local
509 -law requires otherwise)
510 -
511 -PHILIPPINES: Limitation of Liability (Section 4): The following replaces the
512 -terms of item 2 of the third paragraph:
513 -
514 -2. special (including nominal and exemplary damages), moral, incidental, or
515 -indirect damages or for any economic consequential damages; or
516 -
517 -Governing Law, Jurisdiction, and Arbitration (Section 6): The following is added
518 -to this section:
519 -
520 -Arbitration
521 -
522 -Disputes arising out of or in connection with this Agreement shall be finally
523 -settled by arbitration which shall be held in Metro Manila, Philippines in
524 -accordance with the laws of the Philippines then in effect. The arbitration
525 -award shall be final and binding for the parties without appeal and shall be in
526 -writing and set forth the findings of fact and the conclusions of law.
527 -
528 -The number of arbitrators shall be three, with each side to the dispute being
529 -entitled to appoint one arbitrator. The two arbitrators appointed by the parties
530 -shall appoint a third arbitrator who shall act as chairman of the proceedings.
531 -Vacancies in the post of chairman shall be filled by the president of the
532 -Philippine Dispute Resolution Center, Inc. Other vacancies shall be filled by
533 -the respective nominating party. Proceedings shall continue from the stage they
534 -were at when the vacancy occurred.
535 -
536 -If one of the parties refuses or otherwise fails to appoint an arbitrator within
537 -30 days of the date the other party appoints its, the first appointed arbitrator
538 -shall be the sole arbitrator, provided that the arbitrator was validly and
539 -properly appointed.
540 -
541 -All proceedings shall be conducted, including all documents presented in such
542 -proceedings, in the English language. The English language version of this
543 -Agreement prevails over any other language version.
544 -
545 -SINGAPORE: Limitation of Liability (Section 4): The words "SPECIAL" and
546 -"ECONOMIC" are deleted from item 2 of the third paragraph.
547 -
548 -General (Section 5): The following replaces the terms of item 7:
549 -
550 -Subject to the rights provided to IBM's suppliers and Program developers as
551 -provided in Section 4 above (Limitation of Liability), a person who is not a
552 -party to this Agreement shall have no right under the Contracts (Right of Third
553 -Parties) Act to enforce any of its terms.
554 -
555 -EUROPE, MIDDLE EAST, AFRICA (EMEA)
556 -
557 -No Warranty (Section 3): In the European Union, the following is added at the
558 -beginning of this section:
559 -
560 -In the European Union, consumers have legal rights under applicable national
561 -legislation governing the sale of consumer goods. Such rights are not affected
562 -by the provisions of this Section 3.
563 -
564 -Limitation of Liability (Section 4): In Austria, Denmark, Finland, Greece,
565 -Italy, Netherlands, Norway, Portugal, Spain, Sweden and Switzerland, the
566 -following replaces the terms of this section in its entirety:
567 -
568 -Except as otherwise provided by mandatory law:
569 -
570 -1. IBM's liability for any damages and losses that may arise as a consequence of
571 -the fulfillment of its obligations under or in connection with this agreement or
572 -due to any other cause related to this agreement is limited to the compensation
573 -of only those damages and losses proved and actually arising as an immediate and
574 -direct consequence of the non-fulfillment of such obligations (if IBM is at
575 -fault) or of such cause, for a maximum amount equal to the charges You paid for
576 -the Program.
577 -
578 -The above limitation shall not apply to damages for bodily injuries (including
579 -death) and damages to real property and tangible personal property for which IBM
580 -is legally liable.
581 -
582 -2. UNDER NO CIRCUMSTANCES IS IBM, OR ANY OF ITS PROGRAM DEVELOPERS, LIABLE FOR
583 -ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR
584 -DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC
585 -CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE
586 -CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS,
587 -REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
588 -
589 -3. The limitation and exclusion of liability herein agreed applies not only to
590 -the activities performed by IBM but also to the activities performed by its
591 -suppliers and Program developers, and represents the maximum amount for which
592 -IBM as well as its suppliers and Program developers, are collectively
593 -responsible.
594 -
595 -Limitation of Liability (Section 4): In France and Belgium, the following
596 -replaces the terms of this section in its entirety:
597 -
598 -Except as otherwise provided by mandatory law:
599 -
600 -1. IBM's liability for any damages and losses that may arise as a consequence of
601 -the fulfillment of its obligations under or in connection with this agreement is
602 -limited to the compensation of only those damages and losses proved and actually
603 -arising as an immediate and direct consequence of the non-fulfillment of such
604 -obligations (if IBM is at fault), for a maximum amount equal to the charges You
605 -paid for the Program that has caused the damages.
606 -
607 -The above limitation shall not apply to damages for bodily injuries (including
608 -death) and damages to real property and tangible personal property for which IBM
609 -is legally liable.
610 -
611 -2. UNDER NO CIRCUMSTANCES IS IBM, OR ANY OF ITS PROGRAM DEVELOPERS, LIABLE FOR
612 -ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR
613 -DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC
614 -CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE
615 -CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS,
616 -REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
617 -
618 -3. The limitation and exclusion of liability herein agreed applies not only to
619 -the activities performed by IBM but also to the activities performed by its
620 -suppliers and Program developers, and represents the maximum amount for which
621 -IBM as well as its suppliers and Program developers, are collectively
622 -responsible.
623 -
624 -Governing Law, Jurisdiction, and Arbitration (Section 6)
625 -
626 -Governing Law
627 -
628 -The phrase "the laws of the country in which You acquired the Program license"
629 -is replaced by:
630 -1) "the laws of Austria" in Albania, Armenia, Azerbaijan, Belarus,
631 -Bosnia-Herzegovina, Bulgaria, Croatia, Georgia, Hungary, Kazakhstan, Kyrgyzstan,
632 -FYR Macedonia, Moldavia, Poland, Romania, Russia, Slovakia, Slovenia,
633 -Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and FR Yugoslavia;
634 -2) "the laws of France" in Algeria, Benin, Burkina Faso, Cameroon, Cape Verde,
635 -Central African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic
636 -Republic of Congo, Equatorial Guinea, French Guiana, French Polynesia, Gabon,
637 -Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali,
638 -Mauritania, Mauritius, Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal,
639 -Seychelles, Togo, Tunisia, Vanuatu, and Wallis & Futuna;
640 -3) "the laws of Finland" in Estonia, Latvia, and Lithuania;
641 -4) "the laws of England" in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea,
642 -Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique,
643 -Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome, Saudi Arabia, Sierra Leone,
644 -Somalia, Tanzania, Uganda, United Arab Emirates, the United Kingdom, West
645 -Bank/Gaza, Yemen, Zambia, and Zimbabwe; and
646 -5) "the laws of South Africa" in South Africa, Namibia, Lesotho and Swaziland.
647 -
648 -Jurisdiction
649 -
650 -The following exceptions are added to this section:
651 -
652 -1) In Austria the choice of jurisdiction for all disputes arising out of this
653 -Agreement and relating thereto, including its existence, will be the competent
654 -court of law in Vienna, Austria (Inner-City);
655 -2) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana,
656 -Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman,
657 -Pakistan, Qatar, Rwanda, Sao Tome, Saudi Arabia, Sierra Leone, Somalia,
658 -Tanzania, Uganda, United Arab Emirates, West Bank/Gaza, Yemen, Zambia, and
659 -Zimbabwe all disputes arising out of this Agreement or related to its execution,
660 -including summary proceedings, will be submitted to the exclusive jurisdiction
661 -of the English courts;
662 -3) in Belgium and Luxembourg, for all disputes arising out of this Agreement or
663 -related to its interpretation or its execution, only the law and the courts of
664 -the capital of the country in which Your registered office and/or commercial
665 -office is located are competent;
666 -4) in France, Algeria, Benin, Burkina Faso, Cameroon, Cape Verde, Central
667 -African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic
668 -of Congo, Equatorial Guinea, French Guiana, French Polynesia, Gabon, Gambia,
669 -Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania,
670 -Mauritius, Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal, Seychelles,
671 -Togo, Tunisia, Vanuatu, and Wallis & Futuna all disputes arising out of this
672 -Agreement or related to its violation or execution, including summary
673 -proceedings, will be settled exclusively by the Commercial Court of Paris;
674 -5) in Russia, all disputes arising out of or in relation to the interpretation,
675 -the violation, the termination, the nullity of the execution of this Agreement
676 -shall be settled by Arbitration Court of Moscow;
677 -6) in South Africa, Namibia, Lesotho and Swaziland, both of us agree to submit
678 -all disputes relating to this Agreement to the jurisdiction of the High Court in
679 -Johannesburg;
680 -7) in Turkey all disputes arising out of or in connection with this Agreement
681 -shall be resolved by the Istanbul Central (Sultanahmet) Courts and Execution
682 -Directorates of Istanbul, the Republic of Turkey;
683 -8) in each of the following specified countries, any legal claim arising out of
684 -this Agreement will be brought before, and settled exclusively by, the competent
685 -court of a) Athens for Greece, b) Tel Aviv-Jaffa for Israel, c) Milan for Italy,
686 -d) Lisbon for Portugal, and e) Madrid for Spain; and
687 -9) in the United Kingdom, both of us agree to submit all disputes relating to
688 -this Agreement to the jurisdiction of the English courts.
689 -
690 -Arbitration
691 -
692 -In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia,
693 -Georgia, Hungary, Kazakhstan, Kyrgyzstan, FYR Macedonia, Moldavia, Poland,
694 -Romania, Russia, Slovakia, Slovenia, Tajikistan, Turkmenistan, Ukraine,
695 -Uzbekistan, and FR Yugoslavia all disputes arising out of this Agreement or
696 -related to its violation, termination or nullity will be finally settled under
697 -the Rules of Arbitration and Conciliation of the International Arbitral Center
698 -of the Federal Economic Chamber in Vienna (Vienna Rules) by three arbitrators
699 -appointed in accordance with these rules.
700 -The arbitration will be held in Vienna, Austria, and the official language of
701 -the proceedings will be English. The decision of the arbitrators will be final
702 -and binding upon both parties. Therefore, pursuant to paragraph 598 (2) of the
703 -Austrian Code of Civil Procedure, the parties expressly waive the application of
704 -paragraph 595 (1) figure 7 of the Code. IBM may, however, institute proceedings
705 -in a competent court in the country of installation.
706 -
707 -In Estonia, Latvia and Lithuania all disputes arising in connection with this
708 -Agreement will be finally settled in arbitration that will be held in Helsinki,
709 -Finland in accordance with the arbitration laws of Finland then in effect. Each
710 -party will appoint one arbitrator. The arbitrators will then jointly appoint the
711 -chairman. If arbitrators cannot agree on the chairman, then the Central Chamber
712 -of Commerce in Helsinki will appoint the chairman.
713 -
714 -AUSTRIA: No Warranty (Section 3): The terms of this section are completely
715 -replaced by the following:
716 -
717 -The following limited warranty applies if You have paid a charge to obtain the
718 -Program:
719 -
720 -The warranty period is twelve months from the date of delivery. The limitation
721 -period for consumers in action for breach of warranty is the statutory period as
722 -a minimum.
723 -
724 -The warranty for an IBM Program covers the functionality of the Program for its
725 -normal use and the Program's conformity to its specifications.
726 -
727 -IBM warrants that when the Program is used in the specified operating
728 -environment it will conform to its specifications. IBM does not warrant
729 -uninterrupted or error-free operation of the Program or that IBM will correct
730 -all Program defects. You are responsible for the results obtained from the use
731 -of the Program.
732 -
733 -The warranty applies only to the unmodified portion of the Program.
734 -
735 -If the Program does not function as warranted during the warranty period and the
736 -problem cannot be resolved with information available. You may return the
737 -Program to the party from whom You acquired it and receive a refund in the
738 -amount You paid. If You downloaded the Program, You may contact the party from
739 -whom You acquired it to obtain the refund.
740 -
741 -This is our sole obligation to You, except as otherwise required by applicable
742 -statutory law.
743 -
744 -General (Section 5): The following is added to item 4:
745 -
746 -For purposes of this clause, contact information will also include information
747 -about You as a legal entity, for example revenue data and other transactional
748 -information.
749 -
750 -GERMANY: No Warranty (Section 3): The same changes apply as those in No Warranty
751 -(Section 3) under Austria above.
752 -
753 -Limitation of Liability (Section 4): The following paragraph is added to this
754 -Section:
755 -
756 -The limitations and exclusions specified in this Section will not apply to
757 -damages caused by IBM intentionally or by gross negligence.
758 -
759 -General (Section 5): The following replaces the terms of item 5:
760 -
761 -Any claims resulting from this Agreement are subject to a statute of limitation
762 -of three years, except as stated in Section 3 (No Warranty) of this Agreement.
763 -
764 -HUNGARY: Limitation of Liability (Section 4): The following is added at the end
765 -of this section:
766 -
767 -The limitation and exclusion specified herein shall not apply to liability for a
768 -breach of contract damaging life, physical well-being, or health that has been
769 -caused intentionally, by gross negligence, or by a criminal act.
770 -
771 -The parties accept the limitations of liability as valid provisions and state
772 -that the Section 314.(2) of the Hungarian Civil Code applies as the acquisition
773 -price as well as other advantages arising out of the present Agreement balance
774 -this limitation of liability.
775 -
776 -IRELAND: No Warranty (Section 3): The following is added to this section:
777 -
778 -Except as expressly provided in these terms and conditions, or section 12 of the
779 -Sale of Goods Act 1893 (as amended by the Sale of Goods and Supply of Services
780 -Act 1980 ("the 1980 Act")), all conditions and warranties (express or implied,
781 -statutory or otherwise) are hereby excluded including, without limitation, any
782 -warranties implied by the Sale of Goods Act 1893 as amended by the 1980 Act
783 -(including, for the avoidance of doubt, section 39 of the 1980 Act).
784 -
785 -Limitation of Liability (Section 4): The following replaces the terms of this
786 -section in its entirety:
787 -
788 -For the purposes of this section, a "Default" means any act, statement,
789 -omission, or negligence on the part of IBM in connection with, or in relation
790 -to, the subject matter of an Agreement in respect of which IBM is legally liable
791 -to You whether in contract or tort. A number of Defaults which together result
792 -in, or contribute to, substantially the same loss or damage will be treated as
793 -one Default occurring on the date of occurrence of the last such Default.
794 -
795 -Circumstances may arise where, because of a Default, You are entitled to recover
796 -damages from IBM. This section sets out the extent of IBM's liability and Your
797 -sole remedy.
798 -
799 -1. IBM will accept unlimited liability for (a) death or personal injury caused
800 -by the negligence of IBM, and (b) subject always to the Items for Which IBM is
801 -Not Liable below, for physical damage to Your tangible property resulting from
802 -the negligence of IBM.
803 -
804 -2. Except as provided in item 1 above, IBM's entire liability for actual damages
805 -for any one Default will not in any event exceed the greater of 1) EUR 125,000,
806 -or 2) 125% of the amount You paid for the Program directly relating to the
807 -Default. These limits also apply to any of IBM's suppliers and Program
808 -developers. They state the maximum for which IBM and such suppliers and Program
809 -developers are collectively responsible.
810 -
811 -Items for Which IBM is Not Liable
812 -
813 -Save with respect to any liability referred to in item 1 above, under no
814 -circumstances is IBM or any of its suppliers or Program developers liable for
815 -any of the following, even if IBM or they were informed of the possibility of
816 -such losses:
817 -
818 -1. loss of, or damage to, data;
819 -
820 -2. special, indirect, or consequential loss; or
821 -
822 -3. loss of profits, business, revenue, goodwill, or anticipated savings.
823 -
824 -ITALY: General (Section 5): The following is added to this section:
825 -
826 -IBM and Customer (hereinafter, individually, "Party") shall comply with all the
827 -obligations of the applicable provisions of law and/or regulation on personal
828 -data protection. Each of the Parties will indemnify and keep the other Party
829 -harmless from any damage, claim, cost or expense incurred by the latter,
830 -directly and or indirectly, as a consequence of an infringement of the other
831 -Party of the mentioned provisions of law and/or regulations.
832 -
833 -SLOVAKIA: Limitation of Liability (Section 4): The following is added to the end
834 -of the last paragraph:
835 -
836 -The limitations apply to the extent they are not prohibited under �� 373-386 of
837 -the Slovak Commercial Code.
838 -
839 -General (Section 5): The terms of item 5 are replaced with the following:
840 -
841 -THE PARTIES AGREE THAT, AS DEFINED BY APPLICABLE LOCAL LAW, ANY LEGAL OR OTHER
842 -ACTION RELATED TO A BREACH OF THIS AGREEMENT MUST BE COMMENCED NO LATER THAN
843 -FOUR YEARS FROM THE DATE ON WHICH THE CAUSE OF ACTION AROSE.
844 -
845 -SWITZERLAND: General (Section 5): The following is added to item 4:
846 -
847 -For purposes of this clause, contact information will also include information
848 -about You as a legal entity, for example revenue data and other transactional
849 -information.
850 -
851 -UNITED KINGDOM: No Warranty (Section 3): The following replaces the first
852 -sentence in the first paragraph of this section:
853 -
854 -SUBJECT TO ANY STATUTORY WARRANTIES WHICH CANNOT BE EXCLUDED, IBM MAKES NO
855 -WARRANTY OR CONDITION EITHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION)
856 -THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
857 -PURPOSE, AND NON-INFRINGEMENT, REGARDING THE PROGRAM.
858 -
859 -Limitation of Liability (Section 4): The following replaces the terms of this
860 -section in its entirety:
861 -
862 -For the purposes of this section, a "Default" means any act, statement,
863 -omission, or negligence on the part of IBM in connection with, or in relation
864 -to, the subject matter of an Agreement in respect of which IBM is legally liable
865 -to You, whether in contract or tort. A number of Defaults which together result
866 -in, or contribute to, substantially the same loss or damage will be treated as
867 -one Default.
868 -
869 -Circumstances may arise where, because of a Default, You are entitled to recover
870 -damages from IBM. This section sets out the extent of IBM's liability and Your
871 -sole remedy.
872 -
873 -1. IBM will accept unlimited liability for:
874 -
875 -a. death or personal injury caused by the negligence of IBM;
876 -
877 -b. any breach of its obligations implied by Section 12 of the Sale of Goods Act
878 -1979 or Section 2 of the Supply of Goods and Services Act 1982, or any statutory
879 -modification or re-enactment of either such Section; and
880 -
881 -c. subject always to the Items for Which IBM is Not Liable below, for physical
882 -damage to Your tangible property resulting from the negligence of IBM.
883 -
884 -2. IBM's entire liability for actual damages for any one Default will not in any
885 -event, except as provided in item 1 above, exceed the greater of 1) �75,000, or
886 -2) 125% of the amount You paid for the Program directly relating to the Default.
887 -These limits also apply to IBM's suppliers and Program developers. They state
888 -the maximum for which IBM and such suppliers and Program developers are
889 -collectively responsible.
890 -
891 -Items for Which IBM is Not Liable
892 -
893 -Save with respect to any liability referred to in item 1 above, under no
894 -circumstances is IBM or any of its suppliers or Program developers liable for
895 -any of the following, even if IBM or they were informed of the possibility of
896 -such losses:
897 -
898 -1. loss of, or damage to, data;
899 -
900 -2. special, indirect, or consequential loss; or
901 -
902 -3. loss of profits, business, revenue, goodwill, or anticipated savings.
903 -
904 -Z125-5589-03 (06/2006)
905 -
906 -
907 -
908 -LICENSE INFORMATION
909 -
910 -The Programs listed below are licensed under the following terms and conditions
911 -in addition to those of the International License Agreement for Non-Warranted
912 -Programs.
913 -
914 -Program Name: IBM(R) 32-bit SDK for Linux(R) on Intel(R) architecture, Java(TM)
915 -Technology Edition, Version 6
916 -Program Number: 6207-001
917 -Authorization for Use on Home/Portable Computer: The Program may be stored on
918 -the primary machine and another machine, provided that the Program is not in
919 -active use on both machines at the same time.
920 -
921 -Program Name: IBM(R) 64-bit SDK for Linux(R) on AMD64 / EM64T architecture,
922 -Java(TM) Technology Edition, Version 6
923 -Program Number: 6207-001
924 -Authorization for Use on Home/Portable Computer: The Program may be stored on
925 -the primary machine and another machine, provided that the Program is not in
926 -active use on both machines at the same time.
927 -
928 -Program Name: IBM(R) 32-bit SDK for Linux(R) on System i(TM) and System p(TM)
929 -architecture, Java(TM) Technology Edition, Version 6
930 -Program Number: 6207-001
931 -Authorization for Use on Home/Portable Computer: The Program may be stored on
932 -the primary machine and another machine, provided that the Program is not in
933 -active use on both machines at the same time.
934 -
935 -Program Name: IBM(R) 64-bit SDK for Linux(R) on System i(TM) and System p(TM)
936 -architecture, Java(TM) Technology Edition, Version 6
937 -Program Number: 6207-001
938 -Authorization for Use on Home/Portable Computer: The Program may be stored on
939 -the primary machine and another machine, provided that the Program is not in
940 -active use on both machines at the same time.
941 -
942 -Program Name: IBM(R) 31-bit SDK for Linux(R) on System z(TM) architecture,
943 -Java(TM) Technology Edition, Version 6
944 -Program Number: 6207-001
945 -Authorization for Use on Home/Portable Computer: The Program may be stored on
946 -the primary machine and another machine, provided that the Program is not in
947 -active use on both machines at the same time.
948 -
949 -Program Name: IBM(R) 64-bit SDK for Linux(R) on System z(TM) architecture,
950 -Java(TM) Technology Edition, Version 6
951 -Program Number: 6207-001
952 -Authorization for Use on Home/Portable Computer: The Program may be stored on
953 -the primary machine and another machine, provided that the Program is not in
954 -active use on both machines at the same time.
955 -
956 -Program Name: IBM(R) 32-bit Runtime Environment for Linux(R) on Intel(R)
957 -architecture, Java(TM) Technology Edition, Version 6
958 -Program Number: 6207-001
959 -Authorization for Use on Home/Portable Computer: The Program may be stored on
960 -the primary machine and another machine, provided that the Program is not in
961 -active use on both machines at the same time.
962 -
963 -Program Name: IBM(R) 64-bit Runtime Environment for Linux(R) on AMD64 / EM64T
964 -architecture, Java(TM) Technology Edition, Version 6
965 -Program Number: 6207-001
966 -Authorization for Use on Home/Portable Computer: The Program may be stored on
967 -the primary machine and another machine, provided that the Program is not in
968 -active use on both machines at the same time.
969 -
970 -Program Name: IBM(R) 32-bit Runtime Environment for Linux(R) on System i(TM) and
971 -System p(TM), Java(TM) Technology Edition, Version 6
972 -Program Number: 6207-001
973 -Authorization for Use on Home/Portable Computer: The Program may be stored on
974 -the primary machine and another machine, provided that the Program is not in
975 -active use on both machines at the same time.
976 -
977 -Program Name: IBM(R) 64-bit Runtime Environment for Linux(R) on System i(TM) and
978 -System p(TM), Java(TM) Technology Edition, Version 6
979 -Program Number: 6207-001
980 -Authorization for Use on Home/Portable Computer: The Program may be stored on
981 -the primary machine and another machine, provided that the Program is not in
982 -active use on both machines at the same time.
983 -
984 -Program Name: IBM(R) 31-bit Runtime Environment for Linux(R) on System z(TM),
985 -Java(TM) Technology Edition, Version 6
986 -Program Number: 6207-001
987 -Authorization for Use on Home/Portable Computer: The Program may be stored on
988 -the primary machine and another machine, provided that the Program is not in
989 -active use on both machines at the same time.
990 -
991 -Program Name: IBM(R) 64-bit Runtime Environment for Linux(R) on System z(TM),
992 -Java(TM) Technology Edition, Version 6
993 -Program Number: 6207-001
994 -Authorization for Use on Home/Portable Computer: The Program may be stored on
995 -the primary machine and another machine, provided that the Program is not in
996 -active use on both machines at the same time.
997 -
998 -Limited Use Rights for Other IBM Programs
999 -
1000 -If You acquired this Program as part of another IBM Program ("Principal
1001 -Program") that lists this Program under "Other IBM Programs", You received this
1002 -Program only in support of the Principal Program, and Your rights to use this
1003 -Program will be limited by the license of the Principal Program. Please contact
1004 -Your IBM Sales Representative if You wish to acquire a separate license to this
1005 -Program not limited by the Principal Program's license terms.
1006 -
1007 -Excluded Components
1008 -
1009 -The provisions of this paragraph do not apply to the extent they are held to be
1010 -invalid or unenforceable under the law that governs this license. The components
1011 -listed below are "Excluded Components." Notwithstanding any of the terms in the
1012 -Agreement or any other agreement You may have with IBM:
1013 -(a) the third party suppliers of such Excluded Components ("Suppliers") provide
1014 -the components WITHOUT WARRANTIES OF ANY KIND and, such Suppliers DISCLAIM ANY
1015 -AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED
1016 -TO, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED
1017 -WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
1018 -PURPOSE, WITH RESPECT TO THE EXCLUDED COMPONENTS;
1019 -(b) in no event are the Suppliers liable for any direct, indirect, incidental,
1020 -special, exemplary, punitive or consequential damages, including but not limited
1021 -to lost data, lost savings, and lost profits, with respect to the Excluded
1022 -Components; and,
1023 -(c) IBM and the Suppliers are not liable to You, and will not defend, indemnify,
1024 -or hold You harmless for any claims arising from or related to the Excluded
1025 -Components.
1026 -
1027 -Notwithstanding these exclusions, in Germany and Austria, IBM's warranty and
1028 -liability for the Excluded Components is governed only by the respective terms
1029 -applicable for Germany and Austria in the IBM license agreements.
1030 -
1031 -Notices and important information that IBM is required to provide to You with
1032 -respect to the Excluded Components, including instructions for obtaining source
1033 -code for certain Excluded Components, may be found in the NOTICES file(s) that
1034 -accompanies the Program.
1035 -
1036 -Your use of the Excluded Components is governed by the terms of the Agreement
1037 -and not by any terms that may be contained in the NOTICES file(s). The terms
1038 -contained in the Agreement are offered by IBM and not by any other party. Future
1039 -Program updates or fixpacks may contain additional Excluded Components. Such
1040 -additional Excluded Components, and related notices and information, if any,
1041 -will be listed in another NOTICES file that accompanies the Program update or
1042 -fixpack.
1043 -
1044 -The following are Excluded Components:
1045 -Apache Harmony :-
1046 -* Annotation (Subversion: r573440 2007-09-11 (Arena R4745))
1047 -* Beans (Subversion: r573440 2007-09-11 (Arena R4745))
1048 -* jndi (Subversion: r573440 2007-09-11 (Arena R4745))
1049 -* lang-management (Subversion: r573440 2007-09-11 (Arena R4745))
1050 -* logging (Subversion: r573440 2007-09-11 (Arena R4745))
1051 -* security (Subversion: r573440 2007-09-11 (Arena R4745))
1052 -* sql (Subversion: r573440 2007-09-11 (Arena R4745))
1053 -* java.util (part of luni) (Subversion: r573440 2007-09-11 (Arena R4745))
1054 -
1055 -Specified Operating Environment
1056 -
1057 -The Program's specifications and specified operating environment information may
1058 -be found in documentation accompanying the Program, if available, such as a
1059 -read-me file, or other information published by IBM, such as an announcement
1060 -letter.
1061 -
1062 -Program-unique Terms
1063 -
1064 -1. GENERAL
1065 -
1066 -To the extent of any conflict between the terms of the International License
1067 -Agreement for Non-Warranted Programs and this License Information, the terms of
1068 -this License Information shall prevail.
1069 -
1070 -WHERE THE PROGRAM HAS BEEN PROVIDED TO YOU SEPARATELY BY IBM, IT IS PROVIDED AT
1071 -NO CHARGE.
1072 -
1073 -The Program consists of binary code that executes on the operating system(s)
1074 -specified in Readme files that accompany the Program.
1075 -
1076 -3. TRADEMARKS AND COPYRIGHT: YOUR RESPONSIBILITIES
1077 -
1078 -a) You shall not modify, delete, suppress, or obscure any copyright, trademark
1079 -or other legal notice (whether from IBM or any third party) which may be
1080 -displayed by or included within the Program.
1081 -
1082 -b) Java and all Java-based Trademarks are trademarks of Sun Microsystems, Inc.
1083 -in the United States, other countries, or both.
1084 -
1085 -c) You recognize IBM's and Sun Microsystems, Inc.'s ownership and title to their
1086 -respective trademarks and of any goodwill attaching thereto, including goodwill
1087 -resulting from use. You will not use or attempt to register any trademark which
1088 -is confusingly similar to such IBM or Sun trademarks.
1089 -
1090 -3. PROOF OF ENTITLEMENT
1091 -
1092 -This License Agreement constitutes your Proof of Entitlement.
1093 -
1094 -
1095 -
1096 -D/N: L-RVEK-75GKYF
1097 -P/N: L-RVEK-75GKYF
1098
1099 diff --git a/licenses/codehaus-groovy b/licenses/codehaus-groovy
1100 deleted file mode 100644
1101 index 0f6cb23..0000000
1102 --- a/licenses/codehaus-groovy
1103 +++ /dev/null
1104 @@ -1,47 +0,0 @@
1105 -
1106 -
1107 -/*
1108 - $Id$
1109 -
1110 - Copyright 2003 (C) James Strachan and Bob Mcwhirter. All Rights Reserved.
1111 -
1112 - Redistribution and use of this software and associated documentation
1113 - ("Software"), with or without modification, are permitted provided
1114 - that the following conditions are met:
1115 -
1116 - 1. Redistributions of source code must retain copyright
1117 - statements and notices. Redistributions must also contain a
1118 - copy of this document.
1119 -
1120 - 2. Redistributions in binary form must reproduce the
1121 - above copyright notice, this list of conditions and the
1122 - following disclaimer in the documentation and/or other
1123 - materials provided with the distribution.
1124 -
1125 - 3. The name "groovy" must not be used to endorse or promote
1126 - products derived from this Software without prior written
1127 - permission of The Codehaus. For written permission,
1128 - please contact info@××××××××.org.
1129 -
1130 - 4. Products derived from this Software may not be called "groovy"
1131 - nor may "groovy" appear in their names without prior written
1132 - permission of The Codehaus. "groovy" is a registered
1133 - trademark of The Codehaus.
1134 -
1135 - 5. Due credit should be given to The Codehaus -
1136 - http://groovy.codehaus.org/
1137 -
1138 - THIS SOFTWARE IS PROVIDED BY THE CODEHAUS AND CONTRIBUTORS
1139 - ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT
1140 - NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
1141 - FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
1142 - THE CODEHAUS OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
1143 - INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
1144 - (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
1145 - SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
1146 - HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
1147 - STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
1148 - ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
1149 - OF THE POSSIBILITY OF SUCH DAMAGE.
1150 -
1151 - */
1152
1153 diff --git a/licenses/oracle-java-documentation b/licenses/oracle-java-documentation
1154 deleted file mode 100644
1155 index ff4b74a..0000000
1156 --- a/licenses/oracle-java-documentation
1157 +++ /dev/null
1158 @@ -1,59 +0,0 @@
1159 -ORACLE CORPORATION ("ORACLE") IS WILLING TO LICENSE THIS SPECIFICATION TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. BY DOWNLOADING THIS SPECIFICATION, YOU ACCEPT THE TERMS AND CONDITIONS OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY IT, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THIS PAGE.
1160 -
1161 -Specification: JAVA PLATFORM, STANDARD EDITION ("Specification")
1162 -Version: 6
1163 -Status: Final Release
1164 -Release: December 7, 2006
1165 -
1166 -Copyright 2010 Oracle Corporation, 500 Oracle Parkway,
1167 -Redwood Shores, California 94065, USA.
1168 -All rights reserved.
1169 -
1170 -LIMITED LICENSE GRANTS
1171 -
1172 -1. License for Evaluation Purposes.
1173 -Oracle hereby grants you a fully-paid, non-exclusive, non-transferable, worldwide, limited license (without the right to sublicense), under Oracle's applicable intellectual property rights to view, download, use and reproduce the Specification only for the purpose of internal evaluation. This includes (i) developing applications intended to run on an implementation of the Specification, provided that such applications do not themselves implement any portion(s) of the Specification, and (ii) discussing the Specification with any third party; and (iii) excerpting brief portions of the Specification in oral or written communications which discuss the Specification provided that such excerpts do not in the aggregate constitute a significant portion of the Specification.
1174 -
1175 -2. License for the Distribution of Compliant Implementations.
1176 -Oracle also grants you a perpetual, non-exclusive, non-transferable, worldwide, fully paid-up, royalty free, limited license (without the right to sublicense) under any applicable copyrights or, subject to the provisions of subsection 4 below, patent rights it may have covering the Specification to create and/or distribute an Independent Implementation of the Specification that: (a) fully implements the Specification including all its required interfaces and functionality; (b) does not modify, subset, superset or otherwise extend the Licensor Name Space, or include any public or protected packages, classes, Java interfaces, fields or methods within the Licensor Name Space other than those required/authorized by the Specification or Specifications being implemented; and (c) passes the Technology Compatibility Kit (including satisfying the requirements of the applicable TCK Users Guide) for such Specification ("Compliant Implementation"). In addition, the foregoing license is expressl
1177 y conditioned on your not acting outside its scope. No license is granted hereunder for any other purpose (including, for example, modifying the Specification, other than to the extent of your fair use rights, or distributing the Specification to third parties). Also, no right, title, or interest in or to any trademarks, service marks, or trade names of Oracle or Oracle's licensors is granted hereunder. Java, and Java-related logos, marks and names are trademarks or registered trademarks of Oracle Corporation in the U.S. and other countries.
1178 -
1179 -3. Pass-through Conditions.
1180 -You need not include limitations (a)-(c) from the previous paragraph or any other particular "pass through" requirements in any license You grant concerning the use of your Independent Implementation or products derived from it. However, except with respect to Independent Implementations (and products derived from them) that satisfy limitations (a)-(c) from the previous paragraph, You may neither: (a) grant or otherwise pass through to your licensees any licenses under Oracle's applicable intellectual property rights; nor (b) authorize your licensees to make any claims concerning their implementation's compliance with the Specification in question.
1181 -
1182 -4. Reciprocity Concerning Patent Licenses.
1183 -a. With respect to any patent claims covered by the license granted under subparagraph 2 above that would be infringed by all technically feasible implementations of the Specification, such license is conditioned upon your offering on fair, reasonable and non-discriminatory terms, to any party seeking it from You, a perpetual, non-exclusive, non-transferable, worldwide license under Your patent rights which are or would be infringed by all technically feasible implementations of the Specification to develop, distribute and use a Compliant Implementation.
1184 -
1185 -b. With respect to any patent claims owned by Oracle and covered by the license granted under subparagraph 2, whether or not their infringement can be avoided in a technically feasible manner when implementing the Specification, such license shall terminate with respect to such claims if You initiate a claim against Oracle that it has, in the course of performing its responsibilities as the Specification Lead, induced any other entity to infringe Your patent rights.
1186 -
1187 -c. Also with respect to any patent claims owned by Oracle and covered by the license granted under subparagraph 2 above, where the infringement of such claims can be avoided in a technically feasible manner when implementing the Specification such license, with respect to such claims, shall terminate if You initiate a claim against Oracle that its making, having made, using, offering to sell, selling or importing a Compliant Implementation infringes Your patent rights.
1188 -
1189 -5. Definitions.
1190 -For the purposes of this Agreement: "Independent Implementation" shall mean an implementation of the Specification that neither derives from any of Oracle's source code or binary code materials nor, except with an appropriate and separate license from Oracle, includes any of Oracle's source code or binary code materials; "Licensor Name Space" shall mean the public class or interface declarations whose names begin with "java", "javax", "com.sun" or their equivalents in any subsequent naming convention adopted by Oracle through the Java Community Process, or any recognized successors or replacements thereof; and "Technology Compatibility Kit" or "TCK" shall mean the test suite and accompanying TCK User's Guide provided by Oracle which corresponds to the Specification and that was available either (i) from Oracle's 120 days before the first release of Your Independent Implementation that allows its use for commercial purposes, or (ii) more recently than 120 days from such release but a
1191 gainst which You elect to test Your implementation of the Specification.
1192 -
1193 -This Agreement will terminate immediately without notice from Oracle if you breach the Agreement or act outside the scope of the licenses granted above.
1194 -
1195 -DISCLAIMER OF WARRANTIES
1196 -
1197 -THE SPECIFICATION IS PROVIDED "AS IS". ORACLE MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT (INCLUDING AS A CONSEQUENCE OF ANY PRACTICE OR IMPLEMENTATION OF THE SPECIFICATION), OR THAT THE CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR ANY PURPOSE. This document does not represent any commitment to release or implement any portion of the Specification in any product. In addition, the Specification could include technical inaccuracies or typographical errors.
1198 -
1199 -LIMITATION OF LIABILITY
1200 -
1201 -TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ORACLE OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUE, PROFITS OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED IN ANY WAY TO YOUR HAVING, IMPELEMENTING OR OTHERWISE USING USING THE SPECIFICATION, EVEN IF ORACLE AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You will indemnify, hold harmless, and defend Oracle and its licensors from any claims arising or resulting from: (i) your use of the Specification; (ii) the use or distribution of your Java application, applet and/or implementation; and/or (iii) any claims that later versions or releases of any Specification furnished to you are incompatible with the Specification provided to you under this license.
1202 -
1203 -RESTRICTED RIGHTS LEGEND
1204 -
1205 -U.S. Government: If this Specification is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in the Software and accompanying documentation shall be only as set forth in this license; this is in accordance with 48 C.F.R. 227.7201 through 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
1206 -
1207 -REPORT
1208 -
1209 -If you provide Oracle with any comments or suggestions concerning the Specification ("Feedback"), you hereby: (i) agree that such Feedback is provided on a non-proprietary and non-confidential basis, and (ii) grant Oracle a perpetual, non-exclusive, worldwide, fully paid-up, irrevocable license, with the right to sublicense through multiple levels of sublicensees, to incorporate, disclose, and use without limitation the Feedback for any purpose.
1210 -
1211 -GENERAL TERMS
1212 -
1213 -Any action related to this Agreement will be governed by California law and controlling U.S. federal law. The U.N. Convention for the International Sale of Goods and the choice of law rules of any jurisdiction will not apply.
1214 -
1215 -The Specification is subject to U.S. export control laws and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such laws and regulations and acknowledges that it has the responsibility to obtain such licenses to export, re-export or import as may be required after delivery to Licensee.
1216 -
1217 -This Agreement is the parties' entire agreement relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, conditions, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification to this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
1218 -
1219 -Rev. October, 2010
1220
1221 diff --git a/licenses/shoutcast b/licenses/shoutcast
1222 deleted file mode 100644
1223 index 8fc6cd7..0000000
1224 --- a/licenses/shoutcast
1225 +++ /dev/null
1226 @@ -1,29 +0,0 @@
1227 -License Fees, Warranties & Disclaimers, Copyright and Trademarks
1228 -
1229 - By using Shoutcast.com, you agree to the following terms concerning usability and liability of Nullsoft, Inc.
1230 -
1231 - Nullsoft, Inc. grants a revokable, no-charge license for use of Shoutcast Server for any use.
1232 -
1233 - Unless explicitly stated in writing, Nullsoft, Inc. does not grant permission to distribute any of its software in any form, including but not limited to, electronic
1234 -information service distribution, bulletin board distribution, and magnetic or optical medium distribution.
1235 -
1236 - Nullsoft, Inc. is not responsible for any damage to the purchaser's computer system or data and in no event will Nullsoft, Inc., its officers, directors, employees or
1237 -agents be responsible to the purchaser for any consequential, incidental, or indirect damages (including damages for loss of business profits, business interruption, loss
1238 -of business information and the like) arising out of the use or inability to use the Nullsoft, Inc. products, or the Shoutcast.com server, even if Nullsoft, Inc. has been
1239 -advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above
1240 -limitations may not apply to you.
1241 -
1242 - You can participate in Shoutcast.com broadcasts that we index on our sites, but please remember that Nullsoft does not create, endorse, or sponsor said broadcasts. If
1243 -you download any third-party materials that we index or support, you do so completely at your own risk. If you plan to download any software, please be sure to read the
1244 -copyright and licensing information first.
1245 -
1246 - Nullsoft, Inc. is not responsible for the content of what is broadcast utilizing Shoutcast.com. Nullsoft, Inc. believes in the First Amendment to the US Constitution and
1247 -will not review or censor any broadcast. Those who listen to any broadcast listed or served herein assume all risk of being offended or suffering any other form of
1248 -damage.
1249 -
1250 - "Winamp," "Nitrane," "Shoutcast" are Copyright ) 1998-2002 by Nullsoft, Inc.
1251 -
1252 - Among the trademarks and service marks owned by Nullsoft, Inc. are Nullsoft, the Nullsoft logo, Winamp, winamp.com, Nitrane, Shoutcast.com, the respective logos of the
1253 -sites and the curious Winamp motto, "Winamp, it really whips the llama's ass!"
1254 -
1255 - The "look" and "feel" of our sites also are Nullsoft trademarks. This includes our color combinations, button shapes, layout, and all other graphical elements.
1256
1257 diff --git a/licenses/sun-jsr93 b/licenses/sun-jsr93
1258 deleted file mode 100644
1259 index 51726a5..0000000
1260 --- a/licenses/sun-jsr93
1261 +++ /dev/null
1262 @@ -1,45 +0,0 @@
1263 -JavaTM API for XML Registries (JAXR) Specification ("Specification")
1264 -Version: 1.0
1265 -Status: FCS
1266 -Release: June 11, 2002
1267 -
1268 -Copyright 2002 Sun Microsystems, Inc.
1269 -
1270 -4150 Network Circle, Santa Clara, California 95054, U.S.A
1271 -All rights reserved.
1272 -
1273 -NOTICE; LIMITED LICENSE GRANTS
1274 -
1275 -Sun hereby grants you a fully-paid, non-exclusive, non-transferable, worldwide, limited license (without the right to sublicense), under the Specification Lead's applicable intellectual property rights to view, download, use and reproduce the Specification only for the purpose of internal evaluation, which shall be understood to include developing applications intended to run on an implementation of the Specification provided that such applications do not themselves implement any portion(s) of the Specification.
1276 -
1277 -Sun also grants you a perpetual, non-exclusive, worldwide, fully paid-up, royalty free, limited license (without the right to sublicense) under any applicable copyrights or patent rights it may have in the Specification to create and/or distribute an Independent Implementation of the Specification that: (i) fully implements the Spec(s) including all its required interfaces and functionality; (ii) does not modify, subset, superset or otherwise extend the Licensor Name Space, or include any public or protected packages, classes, Java interfaces, fields or methods within the Licensor Name Space other than those required/authorized by the Specification or Specifications being implemented; and (iii) passes the TCK (including satisfying the requirements of the applicable TCK Users Guide) for such Specification. The foregoing license is expressly conditioned on your not acting outside its scope. No license is granted hereunder for any other purpose.
1278 -
1279 -You need not include limitations (i)-(iii) from the previous paragraph or any other particular "pass through" requirements in any license You grant concerning the use of your Independent Implementation or products derived from it. However, except with respect to implementations of the Specification (and products derived from them) by the your licensee that satisfy limitations (i)-(iii) from the previous paragraph, You may neither: (a) grant or otherwise pass through to your licensees any licenses under Sun's applicable intellectual property rights; nor (b) authorize your licensees to make any claims concerning their implementation's compliance with the Spec in question.
1280 -
1281 -For the purposes of this Agreement: "Independent Implementation" shall mean an implementation of the Specification that neither derives from any of Sun's source code or binary code materials nor, except with an appropriate and separate license from Sun, includes any of Sun's source code or binary code materials; and "Licensor Name Space" shall mean the public class or interface declarations whose names begin with "java", "javax", "com.sun" or their equivalents in any subsequent naming convention adopted by Sun through the Java Community Process, or any recognized successors or replacements thereof.
1282 -
1283 -This Agreement will terminate immediately without notice from Sun if you fail to comply with any material provision of or act outside the scope of the licenses granted above.
1284 -
1285 -TRADEMARKS
1286 -
1287 -No right, title, or interest in or to any trademarks, service marks, or trade names of Sun or Sun's licensors is granted hereunder. Sun, Sun Microsystems, the Sun logo, Java, and the Java Coffee Cup logo are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries.
1288 -
1289 -DISCLAIMER OF WARRANTIES
1290 -
1291 -THE SPECIFICATION IS PROVIDED "AS IS". SUN MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, THAT THE CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR ANY PURPOSE OR THAT ANY PRACTICE OR IMPLEMENTATION OF SUCH CONTENTS WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER RIGHTS. This document does not represent any commitment to release or implement any portion of the Specification in any product.
1292 -
1293 -THE SPECIFICATION COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION THEREIN; THESE CHANGES WILL BE INCORPORATED INTO NEW VERSIONS OF THE SPECIFICATION, IF ANY. SUN MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THE SPECIFICATION AT ANY TIME. Any use of such changes in the Specification will be governed by the then-current license for the applicable version of the Specification.
1294 -
1295 -LIMITATION OF LIABILITY
1296 -
1297 -TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUE, PROFITS OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO ANY FURNISHING, PRACTICING, MODIFYING OR ANY USE OF THE SPECIFICATION, EVEN IF SUN AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
1298 -
1299 -You will indemnify, hold harmless, and defend Sun and its licensors from any claims arising or resulting from: (i) your use of the Specification; (ii) the use or distribution of your Java application, applet and/or clean room implementation; and/or (iii) any claims that later versions or releases of any Specification furnished to you are incompatible with the Specification provided to you under this license.
1300 -
1301 -RESTRICTED RIGHTS LEGEND
1302 -
1303 -U.S. Government: If this Specification is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in the Software and accompanying documentation shall be only as set forth in this license; this is in accordance with 48 C.F.R. 227.7201 through 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
1304 -
1305 -REPORT
1306 -
1307 -You may wish to report any ambiguities, inconsistencies or inaccuracies you may find in connection with your use of the Specification ("Feedback"). To the extent that you provide Sun with any Feedback, you hereby: (i) agree that such Feedback is provided on a non-proprietary and non-confidential basis, and (ii) grant Sun a perpetual, non-exclusive, worldwide, fully paid-up, irrevocable license, with the right to sublicense through multiple levels of sublicensees, to incorporate, disclose, and use without limitation the Feedback for any purpose related to the Specification and future versions, implementations, and test suites thereof.
1308
1309 diff --git a/profiles/license_groups b/profiles/license_groups
1310 index 152a67c..afe9c3e 100644
1311 --- a/profiles/license_groups
1312 +++ b/profiles/license_groups
1313 @@ -79,7 +79,7 @@ BINARY-REDISTRIBUTABLE @FREE atheros-hal bh-luxi Broadcom Dina hashcat intel-uco
1314
1315 # License agreements that try to take away your rights. These are more
1316 # restrictive than "all-rights-reserved" or require explicit approval.
1317 -EULA Adaptec-EULA AdobeFlash-11.x ArxFatalis-EULA-JoWooD baudline BCS bf1942-lnxded CAPYBARA-EULA cadsoft Coherent-Graphics CROSSOVER CROSSOVER-2 CYANA DOOM3 ETQW FAH-EULA-2009 FAH-EULA-2014 FraunhoferFDK GameFront Gameplay-Group-EULA GIMPS GOG-EULA google-chrome googleearth Google-TOS IBM-J1.6 Intel-SDP Introversion LastPass LOKI-EULA LRCTF MakeMKV-EULA MARBLEBLAST Mendeley-terms MSjdbcEULA40 MTA-0.5 NVIDIA-CODEC-SDK NVIDIA-CUDA Nero-AAC-EULA Nero-EULA-US Oracle-BCLA-JavaSE PAPERS-PLEASE POMPOM postal2 Primate-Plunge PUEL Q3AEULA Q3AEULA-20000111 QUAKE4 Quartus-prime-megacore RTCW RTCW-ETEULA SCM-MICRO SJ-Labs skype-4.0.0.7-copyright spin-commercial spin-educational TeamViewer THINKTANKS UPEK-SDK-EULA ut2003 ut2003-demo Vivaldi
1318 +EULA Adaptec-EULA AdobeFlash-11.x ArxFatalis-EULA-JoWooD baudline BCS bf1942-lnxded CAPYBARA-EULA cadsoft Coherent-Graphics CROSSOVER CROSSOVER-2 CYANA DOOM3 ETQW FAH-EULA-2009 FAH-EULA-2014 FraunhoferFDK GameFront Gameplay-Group-EULA GIMPS GOG-EULA google-chrome googleearth Google-TOS Intel-SDP Introversion LastPass LOKI-EULA LRCTF MakeMKV-EULA MARBLEBLAST Mendeley-terms MSjdbcEULA40 MTA-0.5 NVIDIA-CODEC-SDK NVIDIA-CUDA Nero-AAC-EULA Nero-EULA-US Oracle-BCLA-JavaSE PAPERS-PLEASE POMPOM postal2 Primate-Plunge PUEL Q3AEULA Q3AEULA-20000111 QUAKE4 Quartus-prime-megacore RTCW RTCW-ETEULA SCM-MICRO SJ-Labs skype-4.0.0.7-copyright spin-commercial spin-educational TeamViewer THINKTANKS UPEK-SDK-EULA ut2003 ut2003-demo Vivaldi
1319
1320 # Deprecated license labels, used by repoman
1321 #DEPRECATED as-is