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Diffstat (limited to 'licenses')
| -rw-r--r-- | licenses/AdobeFlash-11.x | 480 | ||||
| -rw-r--r-- | licenses/Manifest.gz | bin | 111028 -> 111021 bytes | |||
| -rw-r--r-- | licenses/PassMark-EULA | 65 |
3 files changed, 65 insertions, 480 deletions
diff --git a/licenses/AdobeFlash-11.x b/licenses/AdobeFlash-11.x deleted file mode 100644 index e8f56fafb9b5..000000000000 --- a/licenses/AdobeFlash-11.x +++ /dev/null @@ -1,480 +0,0 @@ -http://www.adobe.com/products/eulas/pdfs/PlatformClients_PC_WWEULA-MULTI-20110809_1357.pdf - -ADOBE -Personal Computer Software License Agreement - -1. WARRANTY DISCLAIMER, BINDING AGREEMENT AND ADDITIONAL TERMS AND AGREEMENTS. - -1.1 WARRANTY DISCLAIMER. THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU -“AS IS” AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT -AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE -SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO -THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE -EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS -SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, -REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, -CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION -NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY -QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 -SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL -NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF -THIS AGREEMENT. - -1.2 BINDING AGREEMENT: By using, copying or distributing all or any portion of the Adobe -Software, you accept all the terms and conditions of this agreement, including, in particular, the -provisions on: - -- Use (Section 3); -- Transferability (Section 5); -- Connectivity and Privacy (Section 7), including: - - Updating, - - Local Storage, - - Settings Manager, - - Peer Assisted Networking Technology, - - Content Protection Technology, and - - Use of Adobe Online Services; -- Warranty Disclaimer (Section 1.1), and; -- Liability Limitations (Sections 10 and 17). - -Upon acceptance, this agreement is enforceable against you and any entity that obtained the -Software and on whose behalf it is used. If you do not agree, do not Use the Software. - -1.3 ADDITIONAL TERMS AND AGREEMENTS. Adobe permits you to Use the Software only in -accordance with the terms of this agreement. Use of some third party materials included in the -Software may be subject to other terms and conditions typically found in a separate license -agreement, a “Read Me” file located near such materials or in the “Third Party Software Notices -and/or Additional Terms and Conditions” found at http://www.adobe.com/go/thirdparty. Such other -terms and conditions will supersede all or portions of this agreement in the event of a conflict with -the terms and conditions of this agreement. - -2. Definitions. -“Adobe” means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, -California 95110, if subsection 12(a) of this agreement applies; otherwise it means Adobe Systems -Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland, a company -organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated. - -“Compatible Computer” means a Computer that conforms to the system requirements of the Software -as specified in the Documentation. - -“Computer” means a virtual machine or physical personal electronic device that accepts information in -digital or similar form and manipulates it for a specific result based on a sequence of instructions. -“Personal Computer” or “PC” shall mean a hardware product which is designed and marketed with the -primary purpose of operating a wide variety of productivity, entertainment, and other software -applications provided by unrelated third party software vendors, which operates depending upon the -use of a full function and full feature set computer operating system of the type(s) then in widespread -use with hardware to operate general purpose laptop, desktop, server, and large format tablet -microprocessor based computers. This definition of Personal Computer shall exclude hardware -products that are designed and/or marketed to have as their primary purpose any number of the -following: television, television receiver, portable media player, audio/video receiver, radio, audio -headphone, audio speaker, personal digital assistant (“PDA”), telephone or similar telephony based -device, game console, personal video recorder (“PVR”), player for digital versatile disc (“DVD”) or other -optical media, video camera, still camera, camcorder, video editing and format conversion device, video -image projection device, and shall further exclude any similar type of consumer, professional or -industrial device. - -“Software” means (a) all of the contents of the files (delivered electronically or on physical media), or -disk(s) or other media with which this agreement is provided, which may include (i) Adobe or third -party computer information or software, including Adobe Reader® (“Adobe Reader”), Adobe® AIR® -(“Adobe AIR”), Adobe Flash® Player, Shockwave® Player and Authorware® Player (collectively, Adobe AIR -and the Flash, Shockwave and Authorware players are the “Adobe Runtimes”); (ii) related explanatory -written materials or files (“Documentation”); and (iii) fonts; and (b) upgrades, modified versions, -updates, additions, and copies of the foregoing, provided to you by Adobe at any time (collectively, -“Updates”). - -“Use” means to access, install, download, copy, or otherwise benefit from using the functionality of the -Software. - -3. Software License. - -If you obtained the Software from Adobe or one of its authorized licensees, and subject to your -compliance with the terms of this agreement, including the restrictions in Section 4, Adobe grants to -you a non-exclusive license to Use the Software in the manner and for the purposes described in the -Documentation as follows: - -3.1 General Use. You may install and Use one copy of the Software on your Compatible Computer. See -Section 4 for important restrictions on the Use of the Software. - -3.2 Server Use. This agreement does not permit you to install or Use the Software on a computer file -server. For information on Use of Software on a computer file server please refer to -http://www.adobe.com/go/acrobat_distribute for information about Adobe Reader; or -http://www.adobe.com/go/licensing for information about the Adobe Runtimes. - -3.3 Distribution. This license does not grant you the right to sublicense or distribute the Software. For -information about obtaining the right to distribute the Software on tangible media or through an -internal network or with your product or service please refer to -http://www.adobe.com/go/acrobat_distribute for information about Adobe Reader; or -http://www.adobe.com/go/licensing for information about the Adobe Runtimes. - -3.4 Backup Copy. You may make one backup copy of the Software, provided your backup copy is not -installed or used other than for archival purposes. You may not transfer the rights to a backup copy -unless you transfer all rights in the Software as provided under Section 5. - -4. Obligations and Restrictions. - -4.1 Adobe Runtime Restrictions. You will not Use any Adobe Runtime on any non-PC device or with any -embedded or device version of any operating system. For the avoidance of doubt, and by example only, -you may not Use an Adobe Runtime on any (a) mobile device, set top box (STB), handheld, phone, -game console, TV, DVD player, media center (other than with Windows XP Media Center Edition and its -successors), electronic billboard or other digital signage, Internet appliance or other Internet-connected -device, PDA, medical device, ATM, telematic device, gaming machine, home automation system, kiosk, -remote control device, or any other consumer electronics device, (b) operator-based mobile, cable, -satellite, or television system or (c) other closed system device. No right or license to Use any Adobe -Runtime is granted for such prohibited uses. For information on Software license terms for non-PC -versions of Adobe Runtimes please visit http://www.adobe.com/go/runtime_mobile_EULA. For -information on licensing Adobe Runtimes for distribution on such systems please visit -http://www.adobe.com/go/licensing. - -4.1.1 AVC Video Restrictions. The Software may contain H.264/AVC video technology, the use of which -requires the following notice from MPEG-LA, L.L.C.: -THIS SOFTWARE IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL -AND NON-COMMERCIAL USE OF A CONSUMER TO (I) ENCODE VIDEO IN COMPLIANCE WITH THE -AVC STANDARD (“AVC VIDEO”) AND/OR (II) DECODE AVC VIDEO THAT WAS ENCODED BY A -CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED -FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL -BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, -L.L.C. SEE http://www.adobe.com/go/mpegla. - -4.1.2 H.264/AVC Software Encoding. The H.264/AVC software encoding functionality available in the -Adobe Runtimes is licensed solely for personal, non-commercial use. For more information on -obtaining the right to use the H.264/AVC software encoding functionality for commercial purposes, -please refer to http://www.adobe.com/go/licensing. - -4.2 Adobe Flash Player Restrictions. You will not use Adobe Flash Player with any application or device -that circumvents technological measures for the protection of video, audio, and/or data content, -including any of Adobe’s secure RTMP measures. No right or license to use Adobe Flash Player is -granted for such prohibited uses. - -4.3 Adobe Reader Restrictions. - -4.3.1 Conversion Restrictions. You will not integrate or use Adobe Reader with any other software, plug- -in or enhancement that uses or relies upon Adobe Reader when converting or transforming PDF files -into a different format (e.g., a PDF file into a TIFF, JPEG, or SVG file). - -4.3.2 Plug-in Restrictions. You will not integrate or use Adobe Reader with any plug-in software not -developed in accordance with the Adobe Integration Key License Agreement, more information can be -found at http://www.adobe.com/go/rikla_program. - -4.3.3 Disabled Features. Adobe Reader may contain features or functionalities that are hidden or appear -disabled or “grayed out” (the “Disabled Features”). Disabled Features will activate only when opening a -PDF document that was created using enabling technology available only from Adobe. You will not -access, or attempt to access, any Disabled Features other than through the use of such enabling -technologies, nor will you rely on Adobe Reader to create a feature substantially similar to any Disabled -Feature or otherwise circumvent the technology that controls activation of any such feature. For more -information on disabled features, please refer to http://www.adobe.com/go/readerextensions. - -4.4 Notices. You shall not alter or remove any copyright or other proprietary notice that appears on or -in the Software. - -4.5 No Modification or Reverse Engineering. You shall not modify, adapt, translate, or create derivative -works based upon the Software. You shall not reverse engineer, decompile, disassemble, or otherwise -attempt to discover the source code of the Software. If you are located in the European Union, please -refer to the additional terms at the end of this agreement under the header “European Union -Provisions,” in Section 16. - -5. Transfer. - -You may not rent, lease, sublicense, assign, or transfer your rights in the Software, or authorize all or any -portion of the Software to be copied onto another user’s Computer except as may be expressly -permitted by this agreement. You may, however, transfer all your rights to Use the Software to another -person or legal entity provided that: (a) you also transfer (i) this agreement, and (ii) the Software and all -other software or hardware bundled or pre-installed with the Software, including all copies, Updates, -and prior versions, to such person or entity, (b) you retain no copies, including backups and copies -stored on a Computer, and (c) the receiving party accepts the terms and conditions of this agreement -and any other terms and conditions upon which you obtained a valid license to the Software. -Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of -the Software. - -6. Intellectual Property Ownership, Reservation of Rights. - -The Software and any authorized copies that you make are the intellectual property of Adobe and its -suppliers. The structure, organization, and code of the Software are the valuable intellectually property -(e.g. trade secrets and confidential information) of Adobe and its suppliers. The Software is protected by -law, including without limitation the copyright laws of the United States and other countries, and by -international treaty provisions. Except as expressly stated herein, this agreement does not grant you any -intellectual property rights in the Software and all rights not expressly granted are reserved by Adobe -and its suppliers. - -7. Connectivity and Privacy. You acknowledge and agree to the following: - -7.1 Use of PDF Files. When you Use the Software to open a PDF file that has been enabled to display -ads, your Computer may connect to a website operated by Adobe, an advertiser, or other third party. -Your Internet Protocol address (“IP Address”) is sent when this happens. The party hosting the site may -use technology to send (or “serve”) advertising or other electronic content that appears in or near the -opened PDF file. The website operator may also use JavaScript, web beacons (also known as action tags -or single-pixel gifs), and other technologies to increase and measure the effectiveness of advertisements -and to personalize advertising content. Your communication with Adobe websites is governed by the -Adobe Online Privacy Policy found at http://www.adobe.com/go/privacy (“Adobe Online Privacy -Policy”). Adobe may not have access to or control over features that a third party may use, and the -information practices of third party websites are not covered by the Adobe Online Privacy Policy. - -7.2 Updating. If your Computer is connected to the Internet, the Software may, without additional -notice, check for Updates that are available for automatic download and installation to your Computer -and let Adobe know the Software is successfully installed. For Reader, Updates may be automatically -downloaded but not installed without additional notice unless you change your preferences to accept -automatic installation. Only non-personally identifying information is transmitted to Adobe when this -happens, except to the extent that IP Addresses may be considered personally identifiable in some -jurisdictions. The use of such information, including your IP Address, as provided by the auto update -process is governed by the Adobe Online Privacy Policy. Please consult the Documentation for -information about changing default update settings at http://www.adobe.com/go/settingsmanager for -Flash Player, http://www.adobe.com/go/update_details_url (or successor website) for Reader, and -http://www.adobe.com/go/air_update_details for Adobe AIR. - -7.3 Local Storage. Flash Player and Adobe AIR may allow third parties to store certain information on -your Computer in a local data file known as a local shared object. The type and amount of information -that the third party application requests to be stored in a local shared object can vary by application and -such requests are controlled by the third party. To find more information on local shared objects and -learn how to limit or control the storage of local shared objects on your Computer, please visit -http://www.adobe.com/go/flashplayer_security. - -7.4 Settings Manager. Flash Player and third-party programs using Adobe AIR may save certain user -settings by storing them on your Computer as a local shared object. These settings do not contain -personally identifiable information associated with you. They are associated with the instance of Flash -Player or the third-party program using Adobe AIR on your Computer, allowing you to customize -runtime features. The Flash Player Settings Manager permits you to modify such settings, including the -ability to limit third parties from storing local shared objects or grant third party content the right to -access your computer’s microphone and camera. You can find more information on how to configure -settings in your version of Flash Player, including information on how to disable local shared objects -using the Flash Player Settings Manager, at http://www.adobe.com/go/settingsmanager. You can -remove equivalent settings for third-party programs using Adobe AIR by uninstalling the third-party -program. - -7.5 Peer Assisted Networking Technology. Adobe Flash Player and Adobe AIR runtimes provide the -ability for applications built by third parties to connect to an Adobe Server or Service and permit direct -communication between two Adobe Runtime clients or to connect an Adobe Runtime client as part of a -peer or distributed network that allows a portion of your resources, such as network bandwidth, to be -made directly available to other participants. Prior to joining such peer or distributed network, you will -be provided with the opportunity to accept such connectivity. You can manage Peer Assisted -Networking settings using the Flash Player Settings Manager. Learn more about using the Settings -Manager at http://www.adobe.com/go/settingsmanager. You can find more information on Peer -Assisted Networking at http://www.adobe.com/go/RTMFP. - -7.6 Content Protection Technology. If you Use the Adobe Runtimes to access content that has been -protected with Adobe Flash Media Rights Management Server or Flash Access software (“Content -Protection”), in order to let you play the protected content, the Software may automatically request -media usage rights and individualization from a server on the Internet, and may download and install -required components of the Software, including any available Content Protection Updates. You can -clear the content license information using the Flash Player Settings Manager. Learn more about using -the Settings Manager at http://www.adobe.com/go/settingsmanager. You can find more information on -Content Protection at http://www.adobe.com/go/protected_content. - -7.7 Use of Adobe Online Services. If your Computer is connected to the Internet, the Software may, -without additional notice and on an intermittent or regular basis, facilitate your access to content and -services that are hosted on websites maintained by Adobe or its affiliates (“Adobe Online Services”). -Examples of such Adobe Online Services might include, but are not limited to: Acrobat.com. In some -cases an Adobe Online Service might appear as a feature or extension within the Software even though -it is hosted on a website. In some cases, access to an Adobe Online Service might require a separate -subscription or other fee in order to access it, and/or your assent to additional terms of use. Adobe -Online Services might not be available in all languages or to residents of all countries and Adobe may, at -any time and for any reason, modify or discontinue the availability of any Adobe Online Service. Adobe -also reserves the right to begin charging a fee for access to or use of an Adobe Online Service that was -previously offered at no charge. If your Computer is connected to the Internet, the Software may, -without additional notice, update downloadable materials from these Adobe Online Services so as to -provide immediate availability of these Adobe Online Services even when you are offline. When the -Software connects to the Internet as a function of an Adobe Online Service, your IP Address, user name, -and password may be sent to Adobe’s servers and stored by Adobe in accordance with the Additional -Terms of Use or the “help” menu in the Software. This information may be used by Adobe to send you -transactional messages to facilitate the Adobe Online Service. Adobe may display in-product marketing -to provide information about the Software and other Adobe products and Services, including but not -limited to Adobe Online Services, based on certain Software specific features including but not limited -to, the version of the Software, including without limitation, platform version, version of the Software, -and language. For further information about in-product marketing, please see the “help” menu in the -Software. Whenever the Software makes an Internet connection and communicates with an Adobe -website, whether automatically or due to explicit user request, the Adobe Online Privacy Policy shall -apply. Additionally, unless you are provided with separate terms of use at that time, the Adobe.com -Terms of Use (http://www.adobe.com/go/terms) shall apply. Please note that the Adobe Privacy Policy -allows tracking of website visits and it addresses in detail the topic of tracking and use of cookies, web -beacons, and similar devices. - -8. Third Party Offerings. You acknowledge and agree to the following: - -8.1 Third Party Offerings. The Software may allow you to access and interoperate with third party -content, software applications, and data services, including rich Internet applications (“Third Party -Offerings”). Your access to and use of any Third Party Offering, including any goods, services, or -information, is governed by the terms and conditions respecting such offerings and copyright laws of the -United States and other countries. Third Party Offerings are not owned or provided by Adobe. You agree -that you will not use any of such Third Party Offerings in violation of copyright laws of the United States -or other countries. Adobe or the third party may at any time, for any reason, modify or discontinue the -availability of any Third Party Offerings. Adobe does not control, endorse, or accept responsibility for -Third Party Offerings. Any dealings between you and any third party in connection with a Third Party -Offerings, including such party’s privacy policies and use of your personal information, delivery of and -payment for goods and services, and any other terms, conditions, warranties, or representations -associated with such dealings, are solely between you and such third party. Third Party Offerings might -not be available in all languages or to residents of all countries and Adobe or the third party may, at any -time and for any reason, modify or discontinue the availability of any Third Party Offerings. - -8.2 EXCEPT AS EXPRESSLY AGREED BY ADOBE OR ITS AFFILIATES OR A THIRD PARTY IN A SEPARATE -AGREEMENT, YOUR USE OF ADOBE AND THIRD PARTY OFFERINGS IS AT YOUR OWN RISK UNDER -THE WARRANTY AND LIABILITY LIMITATIONS OF SECTIONS 1.1 AND 10. - -9. Digital Certificates. You acknowledge and agree to the following: - -9.1 Use. Adobe AIR uses digital certificates to help you identify the publisher of Adobe AIR applications -created by third parties. Additionally, Adobe AIR uses digital certificates to establish the identity of -servers accessed via the Transport Layer Security (TLS) protocol, including access via HTTPS. Adobe -Reader uses digital certificates to sign and validate signatures within PDF documents and to validate -certified PDF documents. Adobe Runtimes use digital certificates to secure protected content from -unauthorized usage. Your Computer may connect to the Internet at the time of validation of a digital -certificate in order to download current certificate revocation lists (CRLs) or to update the list of digital -certificates. This access may be made both by the Software and by applications based on the Software. -Digital certificates are issued by third party certificate authorities, including Adobe Certified Document -Services (CDS) vendors listed at http://www.adobe.com/go/partners_cds and Adobe Approved Trust -List (AATL) vendors listed at http://www.adobe.com/go/aatl, and individualization vendors found at -http://www.adobe.com/go/protected_content (collectively “Certification Authorities”), or can be self- -signed. - -9.2 Terms and Conditions. Purchase, use and reliance upon digital certificates are the responsibility of -you and a Certification Authority. Before you rely upon any certified document, digital signature, or -Certification Authority services, you should review the applicable terms and conditions under which the -relevant Certification Authority provides services, including, for example, any subscriber agreements, -relying party agreements, certificate policies, and practice statements. See the links on -http://www.adobe.com/go/partners_cds for information about Adobe’s CDS vendors and -http://www.adobe.com/go/aatl for information about Adobe’s AATL vendors. - -9.3 Acknowledgement. You agree that (a) a digital certificate may have been revoked prior to the time -of verification, making the digital signature or certificate appear valid when in fact it is not, (b) the -security or integrity of a digital certificate may be compromised due to an act or omission by the signer -of the document, the applicable Certification Authority, or any other third party, and (c) a certificate may -be a self-signed certificate not provided by a Certification Authority. YOU ARE SOLELY RESPONSIBLE -FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE. UNLESS A SEPARATE WRITTEN -WARRANTY IS PROVIDED TO YOU BY A CERTIFICATION AUTHORITY, YOU USE DIGITAL -CERTIFICATES AT YOUR SOLE RISK. - -9.4 Third Party Beneficiaries. You agree that any Certification Authority you rely upon is a third party -beneficiary of this agreement and shall have the right to enforce this agreement in its own name as if it -were Adobe. - -9.5 Indemnity. You agree to hold Adobe and any applicable Certification Authority (except as expressly -provided in its terms and conditions) harmless from any and all liabilities, losses, actions, damages, or -claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any use -of, or reliance on, by you or any third party that receives a document from you with a digital certificate, -any service of such authority, including, without limitation (a) reliance on an expired or revoked -certificate, (b) improper verification of a certificate, (c) use of a certificate other than as permitted by any -applicable terms and conditions, this agreement, or applicable law; (d) failure to exercise reasonable -judgment under the circumstances in relying on issuer services or certificates, or (e) failure to perform -any of the obligations as required in the terms and conditions related to the services. - -10. Limitation of Liability. - -IN NO EVENT WILL ADOBE, ITS SUPPLIERS, OR CERTIFICATION AUTHORITIES BE LIABLE TO YOU FOR -ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT, -INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE -REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIMS. -THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE -LAW IN YOUR JURISDICTION. ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS AND -CERTIFICATION AUTHORITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE -LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this agreement -limits Adobe’s liability to you in the event of death or personal injury resulting from Adobe’s negligence -or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers and Certification Authorities for -the purpose of disclaiming, excluding, and/or limiting obligations, warranties, and liability as provided in -this agreement, but in no other respects and for no other purpose. For further information, please see -the jurisdiction specific information at the end of this agreement, if any, or contact Adobe’s Customer -Support Department. - -11. Export Rules. - -You agree that the Software will not be shipped, transferred, or exported into any country or used in any -manner prohibited by the United States Export Administration Act or any other export laws, restrictions, -or regulations (collectively the “Export Laws”). In addition, if the Software is identified as export -controlled items under the Export Laws, you represent and warrant that you are not a citizen, or -otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan, Cuba, -and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the -Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail -to comply with the terms of this agreement. - -12. Governing Law. - -If you are a consumer who uses the Software for only personal non-business purposes, then this -agreement will be governed by the laws of the state in which you purchased the license to use the -Software. If you are not such a consumer, this agreement will be governed by and construed in -accordance with the substantive laws in force in: (a) the State of California, if a license to the Software is -obtained when you are in the United States, Canada, or Mexico; or (b) Japan, if a license to the Software -is obtained when you are in Japan; or (c) Singapore, if a license to the Software is obtained when you -are in a member state of the Association of Southeast Asian Nations, the People’s Republic of China -(including Hong Kong S.A.R. and Macau S.A.R.), Taiwan, or the Republic of Korea; or (d) England, if a -license to the Software is obtained when you are in any jurisdiction not described above. The respective -courts of Santa Clara County, California when California law applies, Tokyo District Court in Japan, when -Japanese law applies, and the competent courts of London, England, when the law of England applies, -shall each have non-exclusive jurisdiction over all disputes relating to this agreement. When Singapore -law applies, any dispute arising out of or in connection with this agreement, including any question -regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in -Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre -(“SIAC”) for the time being in force, which rules are deemed to be incorporated by reference in this -section. There shall be one arbitrator, selected jointly by the parties. If the arbitrator is not selected -within thirty (30) days of the written demand by a party to submit to arbitration, the Chairman of the -SIAC shall make the selection. The language of the arbitration shall be English. Notwithstanding any -provision in this agreement, Adobe or you may request any judicial, administrative, or other authority to -order any provisional or conservatory measure, including injunctive relief, specific performance, or other -equitable relief, prior to the institution of legal or arbitration proceedings, or during the proceedings, for -the preservation of its rights and interests or to enforce specific terms that are suitable for provisional -remedies. The English version of this agreement will be the version used when interpreting or -construing this agreement. This agreement will not be governed by the conflict of law rules of any -jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the -application of which is expressly excluded. - -13. General Provisions. - -If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance -of this agreement, which shall remain valid and enforceable according to its terms. This agreement shall -not prejudice the statutory rights of any party dealing as a consumer. This agreement may only be -modified by a writing signed by an authorized officer of Adobe. Updates may be licensed to you by -Adobe with additional or different terms. This is the entire agreement between Adobe and you relating -to the Software and it supersedes any prior representations, discussions, undertakings, communications, -or advertising relating to the Software. - -14. Notice to U.S. Government End Users. - -For U.S. Government End Users, Adobe agrees to comply with all applicable equal opportunity laws -including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the -Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the -Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, -60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence -shall be incorporated by reference in this agreement. - -15. Compliance with Licenses. - -If you are a business or organization, you agree that upon request from Adobe or Adobe’s authorized -representative, you will, within thirty (30) days, fully document and certify that use of any and all -Software at the time of the request is in conformity with your valid licenses from Adobe. - -16. European Union Provisions. - -Nothing included in this agreement (including Section 4.5) shall limit any non-waivable right to -decompile the Software that you may enjoy under mandatory law. For example, if you are located in the -European Union (EU), you may have the right upon certain conditions specified in the applicable law to -decompile the Software if it is necessary to do so in order to achieve interoperability of the Software -with another software program, and you have first asked Adobe in writing to provide the information -necessary to achieve such interoperability and Adobe has not made such information available. In -addition, such decompilation may only be done by you or someone else entitled to use a copy of the -Software on your behalf. Adobe has the right to impose reasonable conditions before providing such -information. Any information supplied by Adobe or obtained by you, as permitted hereunder, may only -be used by you for the purpose described herein and may not be disclosed to any third party or used to -create any software which is substantially similar to the expression of the Software or used for any other -act which infringes Adobe or its licensors’ copyright. - -17. Specific Provisions and Exceptions. - -17.1 Limitation of Liability for Users Residing in Germany and Austria. - -17.1.1 If you obtained the Software in Germany or Austria, and you usually reside in such country, then -Section 10 does not apply. Instead, subject to the provisions in Section 17.1.2, Adobe’s statutory liability -for damages shall be limited as follows: (a) Adobe shall be liable only up to the amount of damages as -typically foreseeable at the time of entering into the license agreement in respect of damages caused by -a slightly negligent breach of a material contractual obligation and (b) Adobe shall not be liable for -damages caused by a slightly negligent breach of a non-material contractual obligation. - -17.1.2 The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in -particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee -or liability for culpably caused personal injuries. - -17.1.3 You are required to take all reasonable measures to avoid and reduce damages, in particular to -make back-up copies of the Software and your computer data subject to the provisions of this -agreement. - -If you have any questions regarding this agreement, or if you wish to request any information from -Adobe, please use the address and contact information included with this product or via the web at -http://www.adobe.com to contact the Adobe office serving your jurisdiction. - -Adobe, Adobe AIR, AIR, Authorware, Flash, Reader, and Shockwave are either registered trademarks or -trademarks of Adobe Systems Incorporated in the United States and/or other countries. - -PlatformClients_PC_WWEULA-en_US-20110809_1357 diff --git a/licenses/Manifest.gz b/licenses/Manifest.gz Binary files differindex 4bdb1afa1dc9..e9c90a7e6006 100644 --- a/licenses/Manifest.gz +++ b/licenses/Manifest.gz diff --git a/licenses/PassMark-EULA b/licenses/PassMark-EULA new file mode 100644 index 000000000000..740f66a1cfcd --- /dev/null +++ b/licenses/PassMark-EULA @@ -0,0 +1,65 @@ +PassMark® Software Pty Ltd (‘PassMark’) +End User Licence Agreement (‘EULA’) + +IMPORTANT! PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. + +YOU, THE USER OF THIS SOFTWARE, AGREE THAT ALL OF THE TERMS AND CONDITIONS DESCRIBED BELOW APPLY TO YOU AND ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER; +YOU COPY, INSTALL, OR USE THIS COPY OF PASSMARK SOFTWARE, OR YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS PASSMARK SOFTWARE. + +IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, PLEASE DO NOT USE THIS SOFTWARE. + +SOFTWARE COVERED BY THIS LICENCE +This licence agreement (“Agreement”) applies only to the version of the software package MemTest86 with which this Agreement is included. Different licence terms may apply to other software packages from PassMark and licence terms for later versions of MemTest86 may also be changed. + +TITLE +PassMark or its licensors own the MemTest86 software package, including all materials included with the package. PassMark owns the names and marks of ‘PassMark®’, ‘MemTest86’ under copyright, trademark and intellectual property laws and all other applicable laws. + +TERMINATION +This licence will terminate automatically if you fail to comply with any of the terms and conditions, limitations and obligations described herein. On termination you must destroy all copies of the PassMark package and all other materials downloaded as part of the package. + +DISCLAIMER OF WARRANTY +PassMark disclaims any and all warranties express or implied, including any implied warranties as to merchantability or fitness for a particular purpose. You acknowledge and agree that you had full opportunity to test MemTest86 before any live, public or production use, that you assume full responsibility for selecting and using MemTest86 and any files that may created through the use of MemTest86 and that if you use MemTest86 improperly or against instructions you can cause damage to your files, software, data or business. The entire risk as to quality and performance of MemTest86 is borne by you. This disclaimer of warranty constitutes an essential part of the agreement. Some jurisdictions do allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction. + +LIMITATION OF LIABILITY +In no event shall PassMark, its officers, employees, affiliates, contractors, subsidiaries or parent organizations be liable for any incidental, consequential, or punitive damages whatsoever relating to the use of MemTest86, files created by MemTest86 or your relationship with PassMark. Some jurisdictions do not allow exclusion or limitation of liability for incidental or consequential damages, therefore the above limitation may not apply to you. + +HIGH RISK ACTIVITIES +MemTest86 is not fault-tolerant and is not designed or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which failure of MemTest86 could lead directly to death, personal injury, or severe physical or environmental damage (“High Risk Activities”). PassMark and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. + +LINKS TO THIRD-PARTY SITES +PassMark is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. In the case where PassMark is providing those links and access to third-party sites and services to you only as a convenience, and the inclusion of any link of access does not imply an endorsement by PassMark of the third-party site of service. + +ADDITIONAL SOFTWARE +This EULA applies to updates, supplements, add-on components or internet based services components of the software that PassMark may provide to you or make available after the date you obtain your initial copy of the software, unless they are accompanied by separate terms. + +UPGRADES +To use software identified as an upgrade, you must first be licensed for the software identified by PassMark as eligible for the upgrade. After installing the upgrade, you may no longer use the original software that formed the basis of your upgrade eligibility, except as part of the upgraded software. + +EXPORT RESTRICTIONS +You acknowledge that the software is subject to Australian export jurisdiction. You agree to comply with all applicable international and nationals laws that apply to the software including destination restrictions issued by Australia and other governments. + +SOFTWARE TRANSFER +You may transfer your copy of the software to a different device. After the transfer, you must completely remove the software from the former device. + +Transfer to Third Party +This license is granted exclusively to you, the original licensee, and therefore no right to resell, transfer, or re-assign the license is granted. An exception may exist for manufacturers, distributors and dealers/resellers of computer systems or computer software who have specifically negotiated for such an exception with PassMark to resell a particular license key as part of an installed system or as an authorized reseller of the software on its own. + +SITE LICENSES +If this software is being installed as part of a Site License purchase, then following conditions apply: +The software may installed on an unlimited number of computer systems provided that: +1) The computers on which the software is installed belong to the one legal entity. Subsidiaries, parent companies, brother/sister companies, affiliates and/or agents are not considered to be the same legal entity and are therefore not entitled to have the software installed on their computer systems unless specific permission is granted by PassMark. +2) The computer systems must all be situated in the one country. It is permissible that the computers be located in different cities or states within the one country. +3) All such computers are the property of, or are being leased or borrowed by the licensee and are on the premises of the licensee. +4) In the event that the computers are leased or borrowed, the software must be removed prior to the computer being returned to its legal owner. + +NO RENTAL/COMMERCIAL HOSTING +You may not rent, lease or lend the software. + +LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY +You may not reverse engineer, decompile, or disassemble the software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. + +APPLICABLE LAW +This Agreement and any dispute relating to the ‘Software’ or to this Agreement shall be governed by the laws of the state of New South Wales and the Commonwealth of Australia, without regard to any other country or state choice of law rules. You agree and consent that jurisdiction and proper venue for all claims, actions and proceedings of any kind relating to PassMark or the matters in this Agreement shall be exclusively in courts located in NSW, Australia. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that they remainder of the Agreement shall be fully enforceable as if the unenforced part or provision never existed. There are no third party beneficiaries or any promises, obligations or representations made by PassMark herein. + +ENTIRE AGREEMENT +This Agreement (including any addendum or amendment to this EULA which is included with the software) constitutes the entire Agreement between the parties with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between you and PassMark. Waiver by PassMark of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision. |