Merge lp:~gesha/linaro-license-protection/add-licenses into lp:~linaro-automation/linaro-license-protection/trunk
- add-licenses
- Merge into trunk
Proposed by
Georgy Redkozubov
Status: | Merged |
---|---|
Approved by: | James Tunnicliffe |
Approved revision: | 58 |
Merged at revision: | 58 |
Proposed branch: | lp:~gesha/linaro-license-protection/add-licenses |
Merge into: | lp:~linaro-automation/linaro-license-protection/trunk |
Diff against target: |
629 lines (+568/-14) 5 files modified
licenses/license.php (+5/-12) licenses/samsung.html (+1/-1) licenses/samsung.txt (+265/-0) licenses/ste.html (+1/-1) licenses/ste.txt (+296/-0) |
To merge this branch: | bzr merge lp:~gesha/linaro-license-protection/add-licenses |
Related bugs: |
Reviewer | Review Type | Date Requested | Status |
---|---|---|---|
James Tunnicliffe (community) | Approve | ||
Review via email: mp+102894@code.launchpad.net |
Commit message
Description of the change
Added licenses.
Updated license handling to be more flexible.
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1 | === modified file 'licenses/license.php' |
2 | --- licenses/license.php 2012-03-27 13:57:57 +0000 |
3 | +++ licenses/license.php 2012-04-20 16:05:22 +0000 |
4 | @@ -3,7 +3,6 @@ |
5 | $lic = $_SERVER["QUERY_STRING"]; |
6 | $host = $_SERVER["HTTP_HOST"]; |
7 | $doc = $_SERVER["DOCUMENT_ROOT"]; |
8 | - $eula = $_COOKIE["eula"]; |
9 | $fn = $doc.$down; |
10 | if (file_exists($fn) and is_file($fn)) { |
11 | $repl = dirname($down); |
12 | @@ -11,15 +10,9 @@ |
13 | $repl = $down; |
14 | } |
15 | |
16 | - $handle = @fopen($doc."/licenses/".$lic.".html", "r"); |
17 | - if ($handle) { |
18 | - while (($buffer = fgets($handle, 4096)) !== false) { |
19 | - $eula = str_replace("src=\"EULA.txt\"", "src=".$repl."/EULA.txt", $buffer); |
20 | - echo $eula; |
21 | - } |
22 | - if (!feof($handle)) { |
23 | - echo "Error: unexpected fgets() fail\n"; |
24 | - } |
25 | - fclose($handle); |
26 | - } |
27 | + $template_content = file_get_contents($doc."/licenses/".$lic.".html"); |
28 | + $eula_content = file_get_contents($doc."/licenses/".$lic.".txt"); |
29 | + |
30 | + $out = str_replace("EULA.txt", $eula_content, $template_content); |
31 | + echo $out; |
32 | ?> |
33 | |
34 | === modified file 'licenses/samsung.html' |
35 | --- licenses/samsung.html 2012-03-27 13:57:57 +0000 |
36 | +++ licenses/samsung.html 2012-04-20 16:05:22 +0000 |
37 | @@ -101,7 +101,7 @@ |
38 | <div id="content"> |
39 | |
40 | <div id="license-text"> |
41 | -<iframe id="eula" frameborder=0 src="EULA.txt"></iframe> |
42 | +EULA.txt |
43 | </div><!-- license-text --> |
44 | |
45 | <div id="actions"> |
46 | |
47 | === added file 'licenses/samsung.txt' |
48 | --- licenses/samsung.txt 1970-01-01 00:00:00 +0000 |
49 | +++ licenses/samsung.txt 2012-04-20 16:05:22 +0000 |
50 | @@ -0,0 +1,265 @@ |
51 | +<p>IMPORTANT — PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY.</p> |
52 | + |
53 | +<p> |
54 | + THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU, an individual or a |
55 | + legal entity, (“LICENSEE”) AND SAMSUNG ELECTRONICS CO., |
56 | + LTD. (“SAMSUNG”). BY CLICKING THE "ACCEPT" BUTTON, OR BY DOWNLOADING OR |
57 | + INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE |
58 | + TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS |
59 | + AGREEMENT OR ARE NOT AUTHORISED TO ACCEPT AND AGREE TO THE TERMS OF THE |
60 | + AGREEMENT ON BEHALF OF YOUR LEGAL ENTITY, DO NOT DOWNLOAD, INSTALL OR |
61 | + OTHERWISE USE THE SOFTWARE. |
62 | +</p> |
63 | + |
64 | + |
65 | +<h2>1. DEFINITIONS.</h2> |
66 | +<p> |
67 | + <strong>1.1 <em>"Samsung Product"</em></strong> means any of integrated |
68 | + circuit product(s), including but not limited to system on chip products, |
69 | + made by or for Samsung with which the Software was designed to be used. |
70 | +</p> |
71 | + |
72 | +<p> |
73 | + <strong>1.2 <em>"Software"</em></strong> shall mean the software in binary form |
74 | + and all other machine readable materials that are included with such |
75 | + software or intended for use with it, including (a) any updates or error |
76 | + corrections and (b) any documentation including user manuals that you |
77 | + obtain from Samsung via on-line transmission through Linaro’s official websites. |
78 | +</p> |
79 | + |
80 | +<p> |
81 | + <strong>1.3 <em>“Use”</em></strong> means in respect of the Software, |
82 | + the use of (including copying the Software to the extent that such |
83 | + copying is incidental to such use, including installation, backup and |
84 | + execution) the Software, or any part thereof. Use shall specifically |
85 | + exclude: (i) the translation, adaptation, arrangement or other |
86 | + alteration of the Software except as allowed by local legislation |
87 | + implementing Article 6 of the EC Directive on the legal protection of |
88 | + computer programs (91/250/EEC) and then only to the extent necessary to |
89 | + achieve interoperability of an independently created program with other |
90 | + programs; and (ii) the adapting or reverse compiling of the Software for |
91 | + the purpose of error correction. |
92 | +</p> |
93 | + |
94 | + |
95 | +<h2>2. LICENSE GRANT; OWNERSHIP</h2> |
96 | + |
97 | +<p> |
98 | + <strong>2.1 License Grants.</strong> Subject to the terms and conditions |
99 | + of this Agreement, Samsung hereby grants to Licensee, a non-exclusive, |
100 | + non-transferable, limited license, to Use, without right to sublicense |
101 | + or distribute, the Software, solely to the extent required in order to |
102 | + develop and/or test Licensee software applications for use solely with |
103 | + Samsung Product, and only if in compliance with all the provisions |
104 | + herein. |
105 | +</p> |
106 | + |
107 | +<p> |
108 | + <strong>2.2 Restriction on Modification.</strong> Licensee shall not |
109 | + modify, alter, adapt, reverse engineer, decompile, disassemble the |
110 | + Software or make any attempts to create non-licensed derivative works from |
111 | + the Software and otherwise use the Software in any manner not specifically |
112 | + authorized by this Agreement. |
113 | +</p> |
114 | + |
115 | +<p> |
116 | + Licensee acknowledges that the Software may contain open source |
117 | + software, subject to applicable open source licenses, provided by |
118 | + Samsung for Licensee’s convenience. It is Licensee’s responsibility to |
119 | + comply with the terms and conditions, including but not limited to any |
120 | + modification rights, of those licenses. Source codes for these portions |
121 | + of the Software may be obtained separately through applicable sources. |
122 | +</p> |
123 | + |
124 | +<p> |
125 | + Except for those portions of the Software clearly specified as open |
126 | + source, Licensee represents and warrants that it will not take any |
127 | + action that would create obligations that would conflict with Licensee's |
128 | + obligations hereunder, including without limitation, using the Software |
129 | + to merge with, link to, make function calls to, or share data structures |
130 | + with software available under an Open Source License Licensee shall |
131 | + defend and indemnify Samsung against all liabilities, losses, damages, |
132 | + costs and expenses relating to or arising out of a breach by Licensee of |
133 | + the foregoing representation and warranty. Open Source Licenses |
134 | + includes, without limitation, a software license that requires as a |
135 | + condition of use, modification, and/or distribution of such software |
136 | + that such software or other software incorporated into, derived from or |
137 | + distributed with such software be (a) disclosed or distributed in source |
138 | + code form; (b) be licensed for the purpose of making derivative works; |
139 | + or (c) be redistributable at no charge. |
140 | +</p> |
141 | + |
142 | +<p> |
143 | + <strong>2.3 Restriction on Distribution.</strong> Licensee shall not |
144 | + distribute, rent, lease, and/or lend the Software and any copies thereof |
145 | + to any third parties (individuals or legal entities). |
146 | +</p> |
147 | + |
148 | +<p> |
149 | + <strong>2.4 Proprietary Notices.</strong> |
150 | + Licensee shall not remove, efface or obscure any copyright or trademark |
151 | + notices from the Software. Licensee shall include reproductions of the |
152 | + Samsung copyright notice with each copy, if any, of the |
153 | + Software. Licensee acknowledges that any symbols, trademarks, trade |
154 | + names, and service marks adopted by Samsung to identify the Software |
155 | + belong to Samsung and that Licensee shall have no rights therein. |
156 | +</p> |
157 | + |
158 | +<p> |
159 | + <strong>2.5 Ownership.</strong> |
160 | + Samsung and its licensors shall retain all right, title and interest, |
161 | + including all intellectual property rights, in and to the |
162 | + Software. Licensee hereby covenants that it will not assert any claim |
163 | + that the Software infringes any intellectual property right owned or |
164 | + controlled by Licensee. |
165 | +</p> |
166 | + |
167 | +<p> |
168 | + <strong>2.6 No Other Rights Granted.</strong> |
169 | + Apart from the license rights expressly set forth in this Agreement, |
170 | + Samsung does not grant and Licensee does not receive any ownership |
171 | + right, title or interest nor any security interest or other interest in |
172 | + any intellectual property rights relating to the Software, nor in any |
173 | + copy of any part of the foregoing. |
174 | +</p> |
175 | + |
176 | + |
177 | +<h2>3. NO WARRANTY OR SUPPORT</h2> |
178 | + |
179 | +<p> |
180 | + <strong>3.1 No Warranty.</strong> |
181 | + THE SOFTWARE IS OFFERED "AS IS." SAMSUNG AND ITS LICENSORS GRANT AND |
182 | + LICENSEE RECEIVES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, BY |
183 | + STATUTE, COMMUNICATION OR CONDUCT WITH LICENSEE, OR OTHERWISE. SAMSUNG |
184 | + SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, |
185 | + FITNESS FOR A SPECIFIC PURPOSE OR NONINFRINGEMENT CONCERNING THE |
186 | + SOFTWARE. WITHOUT LIMITATION OF THE ABOVE, SAMSUNG DISCLAIMS ANY |
187 | + WARRANTY THAT THE SOFTWARE IS BUG OR ERROR-FREE OR WILL OPERATE WITHOUT |
188 | + INTERRUPTION, AND GRANTS NO WARRANTY REGARDING ITS USE OR THE RESULTS |
189 | + THEREFROM INCLUDING, WITHOUT LIMITATION, ITS CORRECTNESS, ACCURACY OR |
190 | + RELIABILITY. |
191 | +</p> |
192 | + |
193 | +<p> |
194 | + <strong>3.2 No Support.</strong> |
195 | + Nothing in this Agreement shall obligate Samsung to provide any support |
196 | + for the Software. Samsung may, but shall be under no obligation to, |
197 | + correct any defects in the Software and/or provide updates via Linaro’s |
198 | + website. Licensee shall make reasonable efforts to promptly report to |
199 | + Samsung any defects it finds in the Software, as an aid to creating |
200 | + improved revisions of the Software. |
201 | +</p> |
202 | + |
203 | +<p> |
204 | + <strong>3.3 Dangerous Applications.</strong> |
205 | + The Software is not designed, intended, or certified for use in |
206 | + components of systems intended for the operation of weapons, weapons |
207 | + systems, nuclear installations, means of mass transportation, aviation, |
208 | + life-support computers or equipment (including resuscitation equipment |
209 | + and surgical implants), pollution control, hazardous substances |
210 | + management, or for any other dangerous application in which the failure |
211 | + of the Software could create a situation where personal injury or death |
212 | + may occur. Licensee understands that use of the Software in such |
213 | + applications is fully at the risk of Licensee. |
214 | +</p> |
215 | + |
216 | + |
217 | +<h2>4. TERM AND TERMINATION</h2> |
218 | + |
219 | +<p> |
220 | + <strong>4.1 Term and Termination.</strong> |
221 | + This Agreement is effective until terminated. Samsung may immediately |
222 | + terminate and cancel this Agreement and the licenses granted hereunder |
223 | + upon written notice to Licensee at any time with or without |
224 | + cause. Licensee may terminate this Agreement at any time by (i) |
225 | + completely removing the Software and any copies thereof from its system |
226 | + and (ii) notifying in writing Samsung of Licensee’s intent to terminate |
227 | + this Agreement. |
228 | +</p> |
229 | + |
230 | +<p> |
231 | + <strong>4.2 Effect of Termination.</strong> Upon any termination of this |
232 | + Agreement, the rights and licenses granted to Licensee under this |
233 | + Agreement shall immediately terminate. Upon termination, Licensee shall |
234 | + destroy all copies of the Software in its possession or control and |
235 | + cease all use. |
236 | +</p> |
237 | + |
238 | +<p> |
239 | + <strong>4.3 Survival.</strong> The provisions of Sections 1, 2.2, 2.3, |
240 | + 2.4, 2.5, 2.6, 3, 4, 5, and 6 shall survive the termination of this |
241 | + Agreement. |
242 | +</p> |
243 | + |
244 | +<h2>5. LIMITATION OF LIABILITY</h2> |
245 | + |
246 | +<p> |
247 | + TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SAMSUNG OR ANY OF |
248 | + SAMSUNG'S LICENSORS BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY, DIRECT AND |
249 | + INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED |
250 | + AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT |
251 | + (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF THIS AGREEMENT, |
252 | + INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, EVEN IF ADVISED OF THE |
253 | + POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY |
254 | + NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED |
255 | + REMEDY. IN ADDITION TO THE FOREGOINGS, SAMSUNG HAS NO LIABILITY TO THE |
256 | + LICENSEEE IF THE SOFTWARE INFRINGES OR IS ALLGEDED TO INFRINGE THE RIGHT |
257 | + OF ANY THIRD PARTY. |
258 | +</p> |
259 | + |
260 | +<h2>6. MISCELLANEOUS</h2> |
261 | + |
262 | +<p> |
263 | + <strong>6.1 Assignment.</strong> Licensee may not assign this Agreement |
264 | + or any rights or obligation hereunder, directly or indirectly, by |
265 | + operation of law or otherwise, without the prior written consent of |
266 | + Samsung, and any such attempted assignment shall be void. |
267 | +</p> |
268 | + |
269 | +<p> |
270 | + <strong>6.2 Governing Law; Venue.</strong> |
271 | + This Agreement shall be governed by and construed in accordance with the |
272 | + laws of the Republic of Korea, excluding conflict of laws provisions |
273 | + which may direct the application of another jurisdiction’s laws and the |
274 | + United Nations Convention on Contracts for the International Sale of |
275 | + Goods. All disputes, controversies or differences which may arise out of |
276 | + or in relation to or in connection with this Agreement, shall be shall |
277 | + be submit to the jurisdiction of the Suwon Civil Court, Korea. |
278 | +</p> |
279 | + |
280 | +<p> |
281 | + <strong>6.3 Severability.</strong> |
282 | + All terms and provisions of this Agreement shall, if possible, be |
283 | + construed in a manner which makes them valid, but in the event any term |
284 | + or provision of this Agreement is found by a court of competent |
285 | + jurisdiction to be illegal or unenforceable, the validity or |
286 | + enforceability of the remainder of this Agreement shall not be affected |
287 | + if the illegal or unenforceable provision does not materially affect the |
288 | + intent of this Agreement. If the illegal or unenforceable provision |
289 | + materially affects the intent of the parties to this Agreement, this |
290 | + Agreement shall become terminated. |
291 | +</p> |
292 | + |
293 | +<p> |
294 | + <strong>6.4 Equitable Relief.</strong> |
295 | + Licensee hereby acknowledges that its breach of this Agreement would |
296 | + cause irreparable harm and significant injury to Samsung that may be |
297 | + difficult to ascertain and that a remedy at law would be |
298 | + inadequate. Accordingly, Licensee agrees that Samsung shall have the |
299 | + right to seek and obtain immediate injunctive relief to enforce |
300 | + obligations under the Agreement in addition to any other rights and |
301 | + remedies it may have. |
302 | +</p> |
303 | + |
304 | +<p> |
305 | + <strong>6.5 Export Regulations.</strong> |
306 | + Licensee agrees and warrants that it shall comply, at its own expense, |
307 | + with any applicable export and import laws, restrictions, national |
308 | + security controls and regulations. |
309 | +</p> |
310 | + |
311 | +<p> |
312 | + <strong>6.6 Entire Agreement.</strong> |
313 | + This Agreement sets forth the entire Agreement between Samsung and |
314 | + Licensee relating to this subject matter. |
315 | +</p> |
316 | |
317 | === modified file 'licenses/ste.html' |
318 | --- licenses/ste.html 2012-03-27 09:53:11 +0000 |
319 | +++ licenses/ste.html 2012-04-20 16:05:22 +0000 |
320 | @@ -110,7 +110,7 @@ |
321 | <div id="content"> |
322 | |
323 | <div id="license-text"> |
324 | -<iframe id="eula" frameborder=0 src="EULA.txt"></iframe> |
325 | +EULA.txt |
326 | </div><!-- license-text --> |
327 | |
328 | </div><!-- content --> |
329 | |
330 | === added file 'licenses/ste.txt' |
331 | --- licenses/ste.txt 1970-01-01 00:00:00 +0000 |
332 | +++ licenses/ste.txt 2012-04-20 16:05:22 +0000 |
333 | @@ -0,0 +1,296 @@ |
334 | +<p> |
335 | + This Agreement is a legally binding contract between you - either an |
336 | + individual or a legal entity - (hereinafter referred to as "Licensee") |
337 | + and ST-Ericsson SA, a company incorporated under the laws of |
338 | + Switzerland (hereinafter referred to as "ST-Ericsson"). |
339 | +</p> |
340 | + |
341 | +<p> |
342 | + IMPORTANT - PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. THIS IS A |
343 | + LEGALLY BINDING AGREEMENT. BY CLICKING THE "ACCEPT" BUTTON BELOW, OR |
344 | + BY DOWNLOADING OR INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU |
345 | + AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE |
346 | + TO THE TERMS OF THIS AGREEMENT OR ARE NOT AUTHORISED TO ACCEPT AND |
347 | + AGREE TO THE TERMS OF THE AGREEMENT, DO NOT DOWNLOAD, INSTALL OR |
348 | + OTHERWISE USE THE SOFTWARE. |
349 | +</p> |
350 | + |
351 | +<p> |
352 | + ST-Ericsson and Licensee are each hereinafter also referred to as the |
353 | + "Party" and, collectively, as the "Parties." |
354 | +</p> |
355 | + |
356 | +<h2> |
357 | + 1 DEFINITIONS |
358 | +</h2> |
359 | + |
360 | +<p> |
361 | + 1.1 Wherever used in this Agreement, the following terms shall have |
362 | + the meanings set forth below: |
363 | +</p> |
364 | + |
365 | +<p> |
366 | + "Licensee's Applications" means applications and other software |
367 | + developed by Licensee which are intended to interface with and/or run |
368 | + on the Snowball Kit. |
369 | +</p> |
370 | + |
371 | +<p> |
372 | + "Limited License Purpose" shall mean the limited license granted under Article 2.1 below. |
373 | +</p> |
374 | + |
375 | +<p> |
376 | + "Snowball Kit" means the hardware products "SKY-S9500-ULP-Cxy" |
377 | + where x and y are integers between "0" and "9". |
378 | +</p> |
379 | + |
380 | +<p> |
381 | + "Software" shall mean the ST-Ericsson's software for the A9500 |
382 | + platform delivered in binary or in source for the related header |
383 | + files, including any copies and new releases thereof. |
384 | +</p> |
385 | + |
386 | +<p> |
387 | + 1.2 Other capitalized expressions used in this Agreement shall have |
388 | + the meanings respectively assigned to them elsewhere in this |
389 | + Agreement. |
390 | +</p> |
391 | + |
392 | +<p> |
393 | + 1.3 Words indicating the singular only also include the plural and |
394 | + vice-versa, where the context so requires. |
395 | +</p> |
396 | + |
397 | +<p> |
398 | + 1.4 The headings of the Articles in this Agreement are for convenience |
399 | + only and shall not affect the interpretation of this Agreement. |
400 | +</p> |
401 | + |
402 | +<h2>2 LICENSE GRANT</h2> |
403 | + |
404 | +<p> |
405 | + 2.1 Subject to the terms and conditions in this Agreement, STEricsson |
406 | + hereby grants to Licensee a non-exclusive, non-transferable, limited |
407 | + license to use and reproduce the Software solely to the extent |
408 | + required in order to (i) develop Licensee's Applications that |
409 | + interface with and/or run with the Snowball Kit; and (ii) integrate |
410 | + the Software with Licensee Application and/or third party software; |
411 | + and (iii) conduct development testing of the Licensee's Applications' |
412 | + or third party software operation in conjunction with the Snowball Kit |
413 | + and/or Licensee's demonstration of such Licensee's Applications in |
414 | + conjunction with the Snowball Kit (hereinafter "Limited License |
415 | + Purpose"). The Licensee is entitled to flash the Software on a |
416 | + commercial product containg the Snowball Kit. The aforesaid license to |
417 | + the Software is provided that all and any use of the Software is |
418 | + solely and exclusively used on the Snowball Kit. |
419 | +</p> |
420 | + |
421 | +<p> |
422 | + 2.2 Some portion of the Software might contain Open Source |
423 | + Software. Such Open Source Software might be subject to Open Source |
424 | + Terms applicable for each such portion, as further specified in the |
425 | + Software. Such Open Source Software is supplied to Licensee solely |
426 | + under the applicable Open Source Terms and is not subject to the terms |
427 | + of this Agreement. |
428 | +</p> |
429 | + |
430 | +<p> |
431 | + 2.3 Licensee shall not, and shall not permit any third party to alter, |
432 | + change, modify, adapt, decompile, disassemble, compile or reverse |
433 | + engineer or remove or circumvent any protection or other restrictive |
434 | + technology mechanism of the the Software and/or any and all parts |
435 | + thereof, or otherwise use, sub-license, assign or pledge the Software |
436 | + and/or any and all parts thereof other than what is expressly |
437 | + permitted in accordance with this Agreement. |
438 | +</p> |
439 | + |
440 | +<p> |
441 | + 2.4 ST-Ericsson shall retain on behalf of itself or the original owner |
442 | + all right title and interest to any ST-Ericsson Intellectual Property |
443 | + Rights, including but not limited to any patents, trademarks, |
444 | + copyrights, and trade secret rights, and title to copies of any and |
445 | + all media bearing the Software or the Snowball Kit and/or any and all |
446 | + parts thereof, and the Licensee acquires no interest under this |
447 | + Agreement to any ST-Ericsson Intellectual Property Rights or other |
448 | + rights other than the Limited License Purpose expressly set forth in |
449 | + this Article 2. |
450 | +</p> |
451 | + |
452 | +<p> |
453 | + 2.5 Notwithstanding anything to the contrary herein, nothing contained |
454 | + hereunder shall be construed as conferring any right, license or |
455 | + immunity, either directly or by implication, estoppel or otherwise to |
456 | + Licensee or any third party: (i) under any intellectual property |
457 | + rights of any third party; specifically, without limiting the |
458 | + generality of the foregoing, the sale and use of the Products are not |
459 | + licensed under any patents of Telefonaktiebolaget LM Ericsson, or any |
460 | + affiliates of such company; (ii) under any intellectual property |
461 | + rights of STEricsson other than explicitly granted under in this |
462 | + Agreement; or (iii) with respect to any trademark, trade or brand |
463 | + name, a corporate name of ST-Ericsson, or any other name or mark, or |
464 | + contraction abbreviation or simulation thereof. |
465 | +</p> |
466 | + |
467 | + |
468 | +<h2>3 DELIVERY</h2> |
469 | + |
470 | +<p> |
471 | + 3.1 All deliveries of the Software are EX-WORKS (Incoterms 2000) at |
472 | + ST-Ericsson's indicated facility. |
473 | +</p> |
474 | + |
475 | + |
476 | +<h2>4 NO REPRESENTATIONS OR WARRANTIES</h2> |
477 | + |
478 | +<p> |
479 | + 4.1 The Software is delivered "as is" and all representations and |
480 | + warranties, express or implied, are hereby disclaimed, including, but |
481 | + not limited to that: |
482 | +</p> |
483 | + |
484 | +<p> |
485 | + a) the Software or any part thereof is accurate or reliable for any |
486 | + purposes whatsoever; and |
487 | +</p> |
488 | + |
489 | +<p> |
490 | + b) the use of the Software does not infringe any rights that may be |
491 | + held by a third party in respect of any such information. |
492 | +</p> |
493 | + |
494 | +<p> |
495 | + 4.2 Licensee acknowledges and agrees that any use of the Software |
496 | + and/or the Snowball Kit, or any other part thereof, or any use of |
497 | + Licensee's Applications is at Licensee's sole risk. |
498 | +</p> |
499 | + |
500 | +<h2>5 WARRANTY DISCLAIMER AND GENERAL LIMITATION OF LIABILITY</h2> |
501 | + |
502 | +<p> |
503 | + 5.1 THE SOFTWARE AND/OR SNOWBALL KIT AND ANY AND ALL PARTS THEREOF ARE |
504 | + PROVIDED "AS IS". ST-ERICSSON MAKES NO REPRESENTATIONS OR WARRANTIES |
505 | + WITH RESPECT TO THE SOFTWARE AND/OR SNOWBALL KIT AND OR PARTS THEREOF |
506 | + WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED |
507 | + WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR |
508 | + PURPOSE. SPECIFICALLY, WITHOUT LIMITING THE GENERALITY OF THE |
509 | + FOREGOING, ST-ERICSSON MAKES NO REPRESENTATION OR WARRANTY THAT (I) |
510 | + THE USE OF THE SOFTWARE AND/OR SNOWBALL KIT AND OR PARTS THEREOF WILL |
511 | + BE UNINTERRUPTED OR ERROR FREE, AND OR (II) ANY USE AND OR |
512 | + DISTRIBUTION OF THE SOFTWARE AND/OR SNOWBALL KIT AND OR PARTS THEREOF, |
513 | + WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, ARE FREE FROM |
514 | + INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND IT |
515 | + SHALL BE THE SOLE RESPONSIBILITY OF LICENSEE TO MAKE SUCH |
516 | + DETERMINATION AS IS NECESSARY WITH RESPECT TO THE ACQUISITION OF |
517 | + LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD |
518 | + PARTIES. CONSEQUENTLY, IN NO EVENT SHALL ST-ERICSSON, ITS AFFILIATES |
519 | + OR THEIR SUPPLIERS BE LIABLE TO LICENSEE FOR ANY LOSS OR DAMAGES |
520 | + (WHETHER DIRECT, INDRECT OR CONSEQUENTIAL) ARISING FROM ANY USE AND OR |
521 | + DISTRIBUTION OF THE SOFTWARE AND/OR SNOWBALL KIT AND OR PARTS THEREOF, |
522 | + WHETHER INTEGRATED INTO OTHER EQUIPMENT OR NOT, AND OR ARISING BY |
523 | + REASON OF THE FACT THAT THE SOFTWARE AND/OR SNOWBALL KIT AND OR ANY |
524 | + PARTS THEREOF ARE DEFECTIVE OR NON-CONFORMING AND OR ARISING FROM THIS |
525 | + AGREEMENT AND OR ANY BREACH THEREOF. |
526 | +</p> |
527 | + |
528 | +<p> |
529 | + 5.2 THE PARTIES AGREE THAT ANY RIGHTS AND REMEDIES THE LICENSEE MAY |
530 | + HAVE AND OR ANY OBLIGATIONS THAT ST-ERICSSON MAY HAVE ACCORDING TO LAW |
531 | + OR OTHERWISE WITH RESPECT TO ERRORS AND DEFECTS IN THE SOFTWARE AND/OR |
532 | + OTHER DELIVERABLES AND/OR IN ANY PART THEREOF SHALL HEREBY BE |
533 | + DISCLAIMED. |
534 | +</p> |
535 | + |
536 | +<h2> |
537 | + 6 TERMINATION |
538 | +</h2> |
539 | + |
540 | +<p> |
541 | + 6.1 The license and this Agreement are effective until terminated. |
542 | +</p> |
543 | + |
544 | +<p> |
545 | + 6.2 Licensee agrees that each of the terms and conditions set out in |
546 | + this Agreement are material and that failure of Licensee to comply |
547 | + with these terms and conditions shall constitute sufficient cause for |
548 | + ST-Ericsson to terminate this Agreement. The aforesaid is without any |
549 | + prejudice to other rights ST-Ericsson may have in case of breach of |
550 | + this Agreement. |
551 | +</p> |
552 | + |
553 | +<p> |
554 | + 6.3 In the event of termination of this Agreement Licensee shall |
555 | + immediately destroy all copies of the Software, including all portions |
556 | + and derivatives thereof. |
557 | +</p> |
558 | + |
559 | +<h2> |
560 | + 7 EXPORT CONTROL |
561 | +</h2> |
562 | + |
563 | +<p> |
564 | + 7.1 Licensee recognizes that the Software or any parts thereof may be |
565 | + subject to import and export regulations in certain |
566 | + countries. Licensee agrees that it will not knowingly export, |
567 | + re-export or import products, technology or Software, or any parts |
568 | + thereof, of ST-Ericsson, directly or indirectly, to any country to the |
569 | + extent export to such country at the time of export requires an export |
570 | + license or other governmental approval under any export control laws |
571 | + and regulations, without first obtaining such license or approval. |
572 | +</p> |
573 | + |
574 | +<h2> |
575 | + 8 COMPLIANCE WITH LAWS |
576 | +</h2> |
577 | + |
578 | +<p> |
579 | + 8.1 Licensee agrees not to use the Software in violation of, and to |
580 | + comply with any and all applicable law, statute, ordinance or other |
581 | + regulation. |
582 | +</p> |
583 | + |
584 | +<h2> |
585 | + 9 ENTIRE AGREEMENT |
586 | +</h2> |
587 | + |
588 | +<p> |
589 | + 9.1 This is the entire agreement between Licensee and ST-Ericsson on |
590 | + the subject matter of this Agreement, and supersedes all |
591 | + representations, undertakings and agreements previously made between |
592 | + the Parties with respect to the subject matter of this Agreement. |
593 | +</p> |
594 | + |
595 | +<h2> |
596 | + 10 SEVERABILITY |
597 | +</h2> |
598 | + |
599 | +<p> |
600 | + 10.1 If a court or agency of competent jurisdiction holds any term of |
601 | + this Agreement invalid, illegal, or unenforceable for any reason, the |
602 | + remainder of this Agreement shall be valid and enforceable and such |
603 | + term shall be substituted by a valid and enforceable provision so as |
604 | + to the best accomplish the objectives of such provision in this |
605 | + Agreement. |
606 | +</p> |
607 | + |
608 | +<h2> |
609 | + 11 GOVERNING LAW AND JURISDICTION |
610 | +</h2> |
611 | + |
612 | +<p> |
613 | + 11.1 This Agreement shall be governed by and construed in accordance |
614 | + with the laws of Switzerland, without regard to its conflict of laws |
615 | + rules. The application of The United Nations Convention of Contracts |
616 | + for the International Sale of Goods is explicitly excluded. |
617 | +</p> |
618 | + |
619 | +<p> |
620 | + 11.2 Any and all disputes, differences or questions arising out of or |
621 | + in connection with this Agreement shall be under the exclusive |
622 | + jurisdiction of the Swiss courts and the venue shall be Geneva. |
623 | +</p> |
624 | + |
625 | +<p> |
626 | + 11.3 Notwithstanding the aforesaid, nothing in this Article 11 shall |
627 | + prevent the Parties from seeking any interim or final injunctive or |
628 | + equitable relief by a court of competent jurisdiction. |
629 | +</p> |
Great. I am not going to review the wording of the licenses though :-)