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Gentoo's Bugzilla – Attachment 125285 Details for
Bug 157437
[php-overlay] dev-php5/ZendOptimizer-3.3.0 version bump
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Zend license
Zend (text/plain), 10.31 KB, created by
MT
on 2007-07-18 20:21:11 UTC
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Description:
Zend license
Filename:
MIME Type:
Creator:
MT
Created:
2007-07-18 20:21:11 UTC
Size:
10.31 KB
patch
obsolete
>ZEND OPTIMIZER⢠- ZEND LICENSE AGREEMENT > >ZEND TECHNOLOGIES LTD. ("ZEND") SOFTWARE LICENSE AGREEMENT ("AGREEMENT") > >IMPORTANT: READ THESE TERMS CAREFULLY BEFORE INSTALLING THE SOFTWARE KNOWN AS >THE "ZEND OPTIMIZER," AS INSTALLED BY THIS INSTALLATION PROCESS, IN >MACHINE-EXECUTABLE FORM ONLY, AND ANY RELATED DOCUMENTATION (COLLECTIVELY, THE >"SOFTWARE") BY INSTALLING, OR OTHERWISE USING THIS SOFTWARE, YOU (THE >"LICENSEE") ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, AND THAT YOU AGREE TO >BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS >AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THE SOFTWARE >AND IT IS YOUR RESPONSIBILITY TO EXIT THIS INSTALLATION PROGRAM WITHOUT >INSTALLING THE SOFTWARE, OR TO DELETE THE SOFTWARE FROM YOUR COMPUTER. > > 1. License. Subject to the terms and conditions of this Agreement, including, > without limitation, Section 2 hereof, Zend hereby grants to Licensee, during > the Term (as defined below), a limited, a non-exclusive license (the "License") > to: (i) install and operate the Software on a computer or a computer network > owned or operated by Licensee; (ii) make copies of the Software; and (iii) > sublicense and distribute a limited, non-exclusive sublicense to install, use > and sublicense such copies of the Software, provided that any sub-license > granted hereunder shall be subject to the limitations and restrictions set > forth in this Agreement. > > 2. Restrictions. Except as otherwise expressly set forth herein, Licensee or > any of its sub-licensees shall not: (a) translate or decompile, or create or > attempt to create, by reverse engineering or otherwise, the source code form > from the object code supplied hereunder; (b) modify, adapt, translate or create > a derivative work from the Software; (c) remove any proprietary notices, > labels, or marks on the Software. > > 3. Termination. This Agreement and the License hereunder shall be in effect > from and after the date Licensee installs the Software on a computer in > accordance with the terms and conditions hereof and shall continue perpetually > unless terminated in accordance with this Section 3. This Agreement shall be > automatically terminated upon any breach by Licensee of any term or condition > of this Agreement. Such period shall be referred to herein as the "Term". > Within five (5) business days of any such termination, Licensee shall return > the Software to Zend (or, at Zend's sole discretion and only at Zend's > direction, destroy the Software and certify in writing to Zend that said > Software has been destroyed). Upon return of the Software or upon receipt of > notice of the destruction of the Software, as appropriate, this Agreement shall > terminate and Zend shall have no further obligations to Licensee. Articles 2, > 4, 5, 6, 7, 8 and 10 hereof shall survive the expiration or termination of this > Agreement for any reason. > > 4. Intellectual Property Rights. Licensee hereby acknowledges and agrees that > Zend or its licensors own and retain all rights, title, and interest in and to > the Software, regardless of the form or media in or on which the original or > other copies may subsequently exist including, without limitation, all > copyrights, trademarks, patents and trade secret rights inherent therein or > appurtenant thereto. This Agreement shall not constitute a sale of the Software > and no title or proprietary rights to the Software are transferred to the > Licensee hereby. Licensee acknowledges that the Software is a unique, > confidential and valuable asset and trade secret of Zend or its licensors, and > Zend or its licensors shall have the right to obtain all equitable and legal > redress which may be available to it for the breach or threatened breach of > this Agreement including, without limitation, injunctive relief. > > 5. Warranty; Disclaimer. THE SOFTWARE IS BEING LICENSED HEREUNDER WITH NO > WARRANTY WHATSOEVER. LICENSEE ACKNOWLEDGES THAT ITS USE OF THE SOFTWARE IS AT > ITS OWN RISK. THE SOFTWARE IS PROVIDED SOLELY ON AN "AS-IS" BASIS. ZEND AND ITS > LICENSORS MAKE, AND LICENSEE RECEIVES, NO WARRANTIES, EXPRESS, IMPLIED, OR > OTHERWISE. ZEND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, > SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NONINFRINGEMENT. > ZEND DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE SHALL BE OPERABLE, > UNINTERRUPTED OR ERROR FREE OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION > WITH ANY OTHER PRODUCT. > > 6. No Liability. IN NO EVENT SHALL ZEND OR ITS LICENSORS BE LIABLE FOR ANY > DIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE > DAMAGES OR LOST PROFITS (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF > SUCH DAMAGES) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER > HEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF DATA, OR ANY > OTHER DAMAGES, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY. SOME > JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR > LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH CASE AND ONLY TO > THE EXTENT PROHIBITED BY APPLICABLE LAW, THE ABOVE LIMITATIONS OR EXCLUSIONS > MAY NOT APPLY TO LICENSEE. WITHOUT LIMITATION OF THE FOREGOING, UNDER NO > CIRCUMSTANCES SHALL LICENSOR'S TOTAL AGGREGATE LIABILITY TO LICENSEE AND ANY OF > ITS SUB-LICENSEES (REGARDLESS OF THE LENGTH OF THE TRAIL OF SUBLICENSES) FOR > ANY AND ALL CLAIMS ARISING HEREUNDER, INCLUDING WITHOUT LIMITATION ARISING OUT > OF YOUR USE OF THE SOFTWARE, EXCEED THE SUM OF $100. > > 7. Indemnity. Licensee will, at its own expense, defend any action brought by a > third party against Zend to the extent that such action is based on a claim > arising from or relating to: (a) Licensee's use of the Software, (ii) any > distribution of the Software by Licensee or by any of or by any sub-licensee, > regardless of privity of contract and regardless of the length of the trail of > sublicenses, (iii) any claims based upon warranties, guarantees or > representations made by Licensee or any of its employees, agents or > sub-licensees; or (iv) any use of the Software by any of the foregoing > sub-licensees. Zend shall have the exclusive right to control such defense. > In no event shall Licensee settle any such claim, lawsuit or proceeding without > Zend's prior written approval. > > 8. U.s. Government restricted rights. The Software provided hereunder is a > "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of > "commercial computer software" and "commercial computer software documentation" > as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 > and 48 C.F.R. 227.7202-1 through 227.7202-4, the Software made available to the > United States of America, its agencies and/or instrumentalities, is provided > with only those rights set forth in this Agreement. Use, duplication or > disclosure of the Software by the government is subject to the restrictions as > set forth in subparagraph (c)(1) and (2) of the Commercial Computer > Software-Restricted Rights clause at 48 C.F.R. 52.227-19, as amended, or any > successor regulations thereto. > > 9. Export and Import Restrictions. Licensee shall be solely responsible for > obtaining any required regulatory approvals for exportation, importation and/or > distribution of the Software. > > 10. Miscellaneous. This Agreement is made in and shall be governed by the laws > of the State of Israel, excluding choice of law principles. Venue for all > proceedings shall be Tel Aviv, Israel. Notwithstanding the foregoing, Zend > shall have the right to apply to any court of competent jurisdiction for > injunctive or other relief. The United Nations Convention for the International > Sale of Goods shall not apply. There is no relationship of agency, partnership, > joint venture, employment or franchise between the parties. Licensee or its > sub-licensees do not have the authority to bind Zend or to incur any obligation > its behalf or to represent itself as Zend's agent or in any way that might > result in confusion as to the fact that the parties are separate and distinct > entities. The section headings herein are provided for convenience only and > have no substantive effect on the construction of this Agreement. If any > provision of this Agreement is held to be unenforceable, this Agreement shall > be construed without such provision. The failure by Zend to exercise any right > hereunder shall not operate as a waiver of Zend's right to exercise such right > or any other right in the future. This Agreement may be amended only by a > written document executed by a duly authorized representative of each of the > parties. This Agreement constitutes the complete and exclusive statement of the > terms and agreement between Zend and Licensee and supersedes all prior > representations, understandings and communications, oral or written, between > the parties with respect thereto, including memoranda of agreement. In the > event legal action is taken by Zend or its licensors to enforce any provision > of this Agreement, all costs and expenses, including reasonable attorneys' > fees and expenses, incurred by Zend or its licensors shall be paid by Licensee, > in addition to other damages to which Zend or its licensors may be lawfully > entitled. Licensee agrees that it will not refer to the Software or to the > existence of this Agreement nor will it use Zend's name in any press releases, > advertising, marketing or other materials without Zend's advanced written > consent in each instance. Any notice provided by Licensee to Zend pursuant to > this Agreement shall be in writing to Zend Technologies Ltd. at P.O. Box 3619, > Ramat Gan 52136, Israel, and shall be deemed given (i) if by hand delivery, > upon receipt thereof; (ii) if mailed, three (3) days after deposit in the U.S. > mails, postage prepaid, certified mail, return receipt requested; or (iii) if > by next day delivery service, upon such delivery. Any notice provided by Zend > to Licensee pursuant to this Agreement shall be sent to the e-mail or mailing > address provided by Licensee upon registering on Zend's Web site, and shall be > deemed given (i) if by hand delivery, upon receipt thereof; (ii) if mailed, > three (3) days after deposit in the U.S. mails, postage prepaid, certified > mail, return receipt requested; or (iii) if by next day delivery service, upon > such delivery. Either party may change its address by giving written notice to > the other party.
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bug 157437
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125284
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