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Gentoo's Bugzilla – Attachment 215233 Details for
Bug 152031
app-cdr/lightscribe-labeler-1.0-r6 (New Package)
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licenses/lightscribeSDK
lightscribeSDK (text/plain), 17.21 KB, created by
Mario Fetka (geos_one)
on 2010-01-05 06:41:47 UTC
(
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Description:
licenses/lightscribeSDK
Filename:
MIME Type:
Creator:
Mario Fetka (geos_one)
Created:
2010-01-05 06:41:47 UTC
Size:
17.21 KB
patch
obsolete
>LIGHTSCRIBEae SOFTWARE DEVELOPMENT TOOLKIT LICENSE AGREEMENT > > > >USE OF THE HP SOFTWARE IDENTIFIED ABOVE (THE ``SOFTWARE'') INCLUDING, >WITHOUT LIMITATION, ANY DOCUMENTATION, AND ANY OTHER SOFTWARE PRODUCTS >BUNDLED WITH OR EMBEDDED IN THE SOFTWARE (COLLECTIVELY, THE ``ANCILLARY >SOFTWARE''), IS SUBJECT TO THE LICENSE TERMS SET FORTH BELOW AND THE >APPLICABLE ``AS-IS WARRANTY STATEMENT'' PROVIDED AS A SEPARATE DOCUMENT. >YOU SHOULD READ ALL THE TERMS OF THIS AGREEMENT CAREFULLY. YOU WILL BE >ASKED TO REVIEW AND EITHER ACCEPT OR NOT ACCEPT ALL OF THE TERMS OF THIS >AGREEMENT. > > > >HP HAS IDENTIFIED ANCILLARY SOFTWARE BY EITHER NOTING THE RELEVANT >PARTY'S OWNERSHIP WITHIN EACH ANCILLARY SOFTWARE PROGRAM FILE AND/OR BY >PROVIDING INFORMATION IN THE ``RELEASE_NOTES.TXT'' FILE THAT IS PROVIDED >AS PART OF THE DOWNLOAD OF THE SOFTWARE. YOUR USE OF ANY ANCILLARY >SOFTWARE shall be governed by That party's license agreement >(``ancillary software license'') and not by this Agreement EXCEPT THAT >THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES PROVISIONS >CONTAINED IN THE ``AS-IS WARRANTY STATEMENT'' FOR THE SOFTWARE SHALL >CONTINUE TO APPLY TO SUCH ANCILLARY SOFTWARE. THE LICENSES FOR THE >ANCILLARY SOFTWARE ARE INCLUDED IN such ancillary software AND/OR SET >FORTH IN THE ``ANCILLARY.TXT'' FILE THAT IS PROVIDED AS PART OF THE >DOWNLOAD OF THE SOFTWARE. IF YOU CHOOSE TO ACCEPT THIS AGREEMENT WITHOUT >REVIEWING SUCH ANCILLARY SOFTWARE LICENSES OR OTHER TERMS, YOU WILL BE >DEEMED TO HAVE ACCEPTED SUCH ANCILLARY SOFTWARE LICENSES OR OTHER TERMS. > > > > >IF YOU (``CUSTOMER'') AGREE TO BE BOUND BY AND COMPLY WITH ALL THE TERMS >OF THIS AGREEMENT (INCLUDING THE ``AS-IS WARRANTY STATEMENT'' AS WELL AS >ANY TERMS OR CONDITIONS CONTAINED IN ANY OTHER LICENSE AGREEMENT THAT IS >IDENTIFIED IN THE SOFTWARE OR REFERENCED IN THE ``ANCILLARY.TXT'' FILE), >YOU MUST CLICK THE BUTTON OR, IF A BOX IS PROVIDED IN LIEU OF A BUTTON >PLACE A CHECK IN THE APPLICABLE BOX, INDICATING THAT YOU AGREE TO THE >TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND >BY ALL THE TERMS OF THIS AGREEMENT- (INCLUDING THE ``AS-IS WARRANTY >STATEMENT'' AS WELL AS ANY TERMS OR CONDITIONS CONTAINED IN ANY OTHER >LICENSE AGREEMENT THAT IS IDENTIFIED OR REFERENCED IN THE IN THE >SOFTWARE ``ANCILLARY.TXT'' FILE), HP IS UNWILLING TO GRANT YOU ANY >RIGHTS TO USE THE SOFTWARE, AND YOU MUST STOP INSTALLING THE SOFTWARE >AND INDICATE YOUR REJECTION OF THIS AGREEMENT BY NOT CLICKING THE >BUTTON, OR IF A BOX IS PROVIDED IN LIEU OF A BUTTON BY NOT PLACING A >CHECK IN THE APPLICABLE BOX. NOTWITHSTANDING THE FOREGOING, INSTALLING >OR OTHERWISE USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE >LICENSE TERMS. IF YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT >(INCLUDING THOSE TERMS AND CONDITIONS REFERRED TO IN THE SOFTWARE OR IN >THE ``ANCILLARY.TXT'' FILE) ON BEHALF OF YOUR EMPLOYER OR PRINCIPAL, THE >LICENSE GRANTED AND THE APPLICABLE RESTRICTIONS AND LIMITATIONS APPLY TO >YOUR EMPLOYER OR PRINCIPAL AS WELL AS TO YOU AS AN AGENT OF YOUR >EMPLOYER OR PRINCIPAL. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER OR >PRINCIPAL, YOUR EMPLOYER OR PRINCIPAL MAY CONTINUE TO OPERATE UNDER THIS >AGREEMENT. > > > >LICENSE TERMS > > > >Subject to any rights, limitations and obligations set forth in the >license terms for the Ancillary software whether or not included in the >Files.txt or ANCILLARY.TXT files: > > > >LICENSE GRANT > >HP grants Customer a worldwide, non-exclusive, non-transferable license >to use the Software on any one computer. Customer may not network the >Software or otherwise use it on more than one computer. Customer may >make copies or adaptations of the Software (a) for archival purposes or >(b) when copying or adaptation is an essential step in the use of the >Software with a computer so long as the copies and adaptations are used >in no other manner. > > LICENSE TO DEVELOP > > > > HP grants Customer a worldwide, non-exclusive, non-transferable license >to use the Software for the development of Customer applications (the >``Applications'') and reproduce and distribute the Applications to >third party end users provided that Customer: (i) does not redistribute >the Software in whole or in part, either separately or included in any >Application except as authorized in the License to Distribute below, and >(ii) agrees to indemnify, hold harmless, and defend HP and its >licensors from and against any claims or lawsuits, including attorney's >fees, that arise or result from the use or distribution of any and all >Applications developed through the use of the Software. > > > > LICENSE TO DISTRIBUTE > > > > HP grants Customer a worldwide, non-exclusive, non-transferable license >to reproduce and distribute the libraries contained in the Software >(the ``Libraries'') to third party end users either separately with or >as a component of its Applications provided that Customer: (i) >distributes the Libraries complete and unmodified, and (ii) does not >remove or alter any proprietary legends or copyright notices contained >in or on the Libraries. > > > > NO LICENSE TO TRADEMARKS > > > >HP does not grant Customer any right or license to use or display the >LightScribe mark or logo. Customer may only make fair, accurate, >truthful and otherwise lawful references or statements to the >LightScribe technology, such as "compatible with LightScribe". However, >Customer may not suggest it is authorized or licensed by HP, e.g. >"LightScribe Approved". > > > >1. GENERAL TERMS FOR THE SOFTWARE > >a) Software is owned and copyrighted by HP or by third party suppliers. >Customer's license to Use the Software confers no title or ownership and >is not a sale of any rights in the Software. Third party suppliers are >intended beneficiaries under this Agreement and may protect their rights >in the Software directly against the Customer. > >b) Customer has no right to rent, lease, time share, or otherwise >transfer the rights to the Software without the written consent of the >owner of the Software. Customer may not copy the Software onto any >public or distributed network. > >c) Customer must reproduce all copyright notices and other proprietary >legends in or on the original Software on all permitted copies or >adaptations. You may not remove from the Software, or alter, any of the >trademarks, trade names, logos, patent or copyright notices or markings, >or add any other notices or markings to the Software. > >d) HP shall have no obligation to provide support for the Software. This >license does not entitle you to receive upgrades, updates or technical >support. HP reserves the right to require additional licenses and fees >for Use of the Software on a different computer or device, or on the >class or series of equipment. > >e) Customer will not modify, disassemble, decompile, decrypt, or >otherwise attempt to access or determine the source code of the Software >(including any products not specifically enumerated in the files.txt or >ancillary.txt files) without HP's prior written consent. Where Customer >has other rights under statute, Customer will provide HP with reasonably >detailed information regarding any intended disassembly or >decompilation. Customer will not decrypt the Software unless necessary >for legitimate use of the Software. > >f) HP may terminate Customer's license to Use the Software upon notice >for failure to comply with any applicable Software license terms or at >any time for any reason whatsoever. Immediately upon termination, all >copies of the Software will be destroyed or returned to HP. Customer >shall remove, destroy or return to HP all copies of the Software that >are merged into adaptations, except for individual pieces of data in >Customer's database. With HP's prior written consent, one copy of the >Software may be retained subsequent to termination for archival >purposes. > >g) The Software may only be compatible with certain hardware platforms >and/or operating systems. Customer acknowledges and agrees that Customer >has the sole responsibility to independently obtain and independently >license and/or acquire the system requirements. > >h) HP, or its designee(s), shall, during regular business hours at >Customer's offices and in such a manner that does not interfere with >Customer's normal business activities, have the right to inspect and >audit, or have an inspection and audit, of the number of copies of >Software Used by Customer, the computers on which the Software, if any, >is installed and the number of users Using any such Software. HP's >audit rights shall not terminate or expire until three (3) years after >termination or expiration of this Agreement. > >i) In the following provision regarding Software licenses to the U.S. >Government, the term "Customer" means HP's direct licensee and the >end-user. > >1) If Software is licensed for use in the performance of a U.S >government prime contract or subcontract, Customer agrees that Software >has been developed entirely at private expense. Customer agrees that >Software, and any derivatives or modifications, is adequately marked >when the Restricted Rights Legend below is affixed to the Software or to >its storage media and is perceptible directly or with the aid of a >machine or device. Customer agrees to conspicuously put the following >legend on the Software media with Customer's name and address added >below the notice: > >RESTRICTED RIGHTS LEGEND > > > >Use, duplication or disclosure is subject to HP standard commercial >license terms and for non-DOD Departments and Agencies of the U.S. >Government, the restrictions as set forth in FAR 52.227-19(c)(1-2)(Jun >1987). > > > >Hewlett-Packard Company > > 3000 Hanover Street > > Palo Alto , CA 94304 U.S.A. > > > >Copyright (c) 2005 Hewlett-Packard Development Company. > >2) Customer further agrees that Software is delivered and licensed as >"Commercial computer software" as defined in DFARS 252.227-7014(Jun >1995) or as a "commercial item" as defined in FAR 2.101(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. The Customer agrees that it has only those rights provided >for such Software by the applicable FAR or DFARS clause or the HP >standard software agreement for the product involved. > >2. GENERAL > >a) Customer may not assign or transfer this Agreement or any rights or >obligations hereunder without prior written consent of HP. Any such >attempted assignment or transfer will be null and void. HP may >terminate this Agreement in the event of any such attempted assignment >or transfer. > >b) Customer may not export or re-export this Software or any copy or >adaptation in violation of any applicable laws or regulations. 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: Afghanistan (Taliban-controlled areas), Cuba, Iran, >Iraq, Libya, North Korea, Sudan and Syria. This list is subject to >change. > >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). > >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. > >c) This Agreement shall be construed in accordance with the laws of the >State of California, without regard to conflict of laws principles. The >United Nations Convention on Contracts for the International Sale of >Goods is specifically disclaimed. > >d) If any term or provision herein is determined to be illegal or >unenforceable, the validity or enforceability of the remainder of the >terms or provisions herein will remain in full force and effect. Failure >or delay in enforcing any right or provision of this Agreement shall not >be deemed a waiver of such right or provision with respect to any >subsequent breach. Provisions herein, which by their nature extend >beyond the termination of any license of Software, will remain in effect >until fulfilled. > >e) Customer acknowledges that obtaining and maintaining accurate >Customer information, including but not limited to name and requested >contact information, ("Account Information") is critical to the >successful management of each Software license, which may include, but >may not be limited to, managing updates and providing support (as >applicable and under separate agreement) and investigating property >right infringements. Customer agrees and warrants that Customer has >provided and will maintain true, full and correct Account Information at >all times during the term of this license and promptly provide such >information to HP, upon HP's request. Customer agrees that Customer will >not provide false, misleading, or inadequate Account Information. > >f) This Agreement, including all Ancillary Software terms and conditions >downloaded in or with the Software, is the final, complete and exclusive >agreement between the parties relating to the Software, and supersedes >any previous communications, representations or agreements between the >parties, whether oral or written, regarding transactions hereunder. >Customer's additional or different terms and conditions will not apply. >These license terms may not be changed except by an amendment signed by >an authorized representative of each party. > >AS-IS WARRANTY STATEMENT > > > >1. DISCLAIMER. > > > >TO THE EXTENT ALLOWED BY LOCAL LAW, THIS SOFTWARE IS PROVIDED TO YOU >``AS IS'' WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR >WRITTEN, EXPRESS OR IMPLIED. HP SPECIFICALLY DISCLAIMS ANY IMPLIED >WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, >NON-INFRINGEMENT, TITLE, ACCURACY OF INFORMATIONAL CONTENT, AND FITNESS >FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND >PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. NO ORAL OR WRITTEN >INFORMATION OR ADVICE GIVEN BY HP OR HP'S AUTHORIZED REPRESENTATIVES >SHALL CREATE A WARRANTY OR AMEND THIS ``AS IS'' WARRANTY. Some >jurisdictions do not allow exclusions of implied warranties or >conditions, so the above exclusion may not apply to you to the extent >prohibited by such local laws. You may have other rights that vary from >country to country, state to state, or province to province. > > > >2. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT PROHIBITED BY LOCAL >LAW, IN NO EVENT WILL HP OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, >OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, >SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES >(INCLUDING LOST PROFIT, LOST DATA, OR DOWNTIME COSTS), ARISING OUT OF >THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SOFTWARE, >WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND >WHETHER OR NOT HP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. the >software is not specifically designed, manufactured or intended for use >in the planning, construction, maintenance, or direct operation of a >nuclear facility, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATION SYSTEMS, >AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS. >Customer is solely liable if the software is used for these >applications. Customer will indemnify and hold HP harmless from all >loss, damage, expense or liability in connection with such use. Your use >of the Software is entirely at your own risk. Should the Software prove >defective, you assume the entire cost of all service, repair or >correction. Some jurisdictions do not allow the exclusion or limitation >of liability for incidental or consequential damages, so the above >limitation may not apply to you to the extent prohibited by such local >laws. > > > >NOTE. EXCEPT TO THE EXTENT ALLOWED BY LOCAL LAW, THESE WARRANTY TERMS >DO NOT EXCLUDE, RESTRICT OR MODIFY, AND ARE IN ADDITION TO, THE >MANDATORY STATUTORY RIGHTS APPLICABLE TO THE LICENSE OF THE SOFTWARE TO >YOU; PROVIDED, HOWEVER, THAT THE CONVENTION ON CONTRACTS FOR THE >INTERNATIONAL SALE OF GOODS IS SPECIFICALLY DISCLAIMED AND SHALL NOT >GOVERN OR APPLY TO THE SOFTWARE PROVIDED IN CONNECTION WITH THIS >WARRANTY STATEMENT. > > > >IF YOU AGREE TO BE BOUND BY AND COMPLY WITH ALL THE TERMS OF THIS >LIMITED WARRANTY STATEMENT, YOU MUST CLICK THE BUTTON OR PLACE A CHECK >IN THE APPLICABLE BOX INDICATING THAT YOU AGREE TO THE TERMS AND >CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE >TERMS OF THIS LIMITED WARRANTY STATEMENT, HP IS UNWILLING TO GRANT YOU >ANY RIGHTS TO USE THE SOFTWARE, AND YOU MUST STOP INSTALLING THE >SOFTWARE AND INDICATE YOUR REJECTION OF THIS LIMITED WARRANTY STATEMENT >BY NOT CLICKING THE BUTTON OR PLACING A CHECK IN THE APPLICABLE BOX. >NOTWITHSTANDING THE FOREGOING, INSTALLING OR OTHERWISE USING THE >SOFTWARE INDICATES YOUR ACCEPTANCE OF THIS LIMITED WARRANTY STATEMENT. > > > > > > >
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