From b42afc2e976bde12586d398e7cb53b7910866059 Mon Sep 17 00:00:00 2001 From: V3n3RiX Date: Sat, 23 Sep 2023 17:20:27 +0100 Subject: gentoo auto-resync : 23:09:2023 - 17:20:26 --- licenses/Manifest.gz | Bin 107136 -> 107302 bytes licenses/Ookla | 117 +++++++++++++++++++++++++++++++++++++++++++++++++++ 2 files changed, 117 insertions(+) create mode 100644 licenses/Ookla (limited to 'licenses') diff --git a/licenses/Manifest.gz b/licenses/Manifest.gz index 3e6adce87549..50eaa13d478b 100644 Binary files a/licenses/Manifest.gz and b/licenses/Manifest.gz differ diff --git a/licenses/Ookla b/licenses/Ookla new file mode 100644 index 000000000000..60127ca0c1d6 --- /dev/null +++ b/licenses/Ookla @@ -0,0 +1,117 @@ +EULA + +This End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") +and Ookla, LLC ("Ookla"). This Agreement governs your use of the Speedtest Software, +(including all related documentation, the "Software"). The Software is licensed, not sold, to you. + +Your use of this Software is subject to the Terms of Use and Privacy Policy at at these URLs: +https://www.speedtest.net/about/terms and https://www.speedtest.net/about/privacy. + +BY INSTALLING THE SOFTWARE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; +AND (B) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. +IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL THE SOFTWARE. + +IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, +YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, +IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. +IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OR CONDITIONS, +YOU MAY NOT INSTALL OR USE THE SOFTWARE. + +1) Grant of License. +Subject to the terms of this Agreement, Ookla grants you a limited, non-exclusive and non-transferable license +to use the Software through a command line interface for your personal, non-commercial use on a single personal +computer owned or otherwise controlled by you. The Software may contain open source software, subject to separate +license terms made available with the Software or accompanying documentation. + +2) Restrictions On Use. +You shall not: +(a) copy the Software, except as expressly permitted herein; +(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Software; +(c) reverse engineer, disassemble, decompile, decode, or otherwise indirectly or directly attempt to derive or gain access to the source code of the Software or any part thereof; +(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Software, including any copy thereof; +(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Software, or any features or functionality of the Software, to any third party for any reason, including by making the Software available on a network where it is capable of being accessed by more than one device at any time; or +(f) install or use the Software on any router, modem, or other non-personal computer device. + +3) Ownership. +You agree without reservation that Ookla, its affiliates or its licensors own and retain all right, title and interest +in and to the Software and the accompanying documentation, including without limitation, all intellectual property rights therein, +including all copies, improvements, enhancements, derivative works and modifications thereof. +Your rights to use the Software are limited to those expressly granted by this Agreement and Ookla reserves all rights not expressly +granted to you herein. The grant of license herein shall not be deemed to result in the sale, transfer or any other conveyance of Ookla's +intellectual property of whatsoever nature held or used by Ookla to you. Ookla will retain all rights in and to Ookla's intellectual property, +including without limitation Ookla’s trademarks, the Software and documentation. By providing Ookla any feedback or ideas, suggestions, +recommendations, modifications or improvements of the Software or documentation ("Feedback"), you grant Ookla all right, title, +interest and ownership, including all intellectual property rights therein, to such Feedback. Ookla is free to use and incorporate +such Feedback in Ookla’s services or technology, without payment of royalties or other consideration to you or liability of any kind. + +4) Updates.. +Ookla may from time to time in its sole discretion develop and provide Software updates, +which may include upgrades, bug fixes, patches, other error corrections, and/or new features +(collectively, including related documentation, "Updates"). Updates may also modify or delete +in their entirety certain features and functionality. You agree that Ookla has no obligation to +provide any Updates or to continue to provide or enable any particular features or functionality. + +5) Term and Termination. +The term of Agreement commences when you install the Software and will continue in effect until +terminated by you or Ookla as set forth herein. You may terminate this Agreement by deleting the +Software and all copies thereof in your possession or control. Ookla may terminate this Agreement +at any time without notice if it ceases to support the Software, which Ookla may do in its sole discretion. +In addition, Ookla may terminate this Agreement immediately without any notice if you violate any of the +terms and conditions of this Agreement. Upon termination all rights granted to you under this Agreement shall +terminate and you must cease all use of the Software and delete all copies of the Software in your possession +or control. Termination will not limit any of Ookla’s rights or remedies at law or in equity. + +6) Disclaimer. +OOKLA, ITS AFFILIATES, AND ITS LICENSORS PROVIDE THE SOFTWARE AND DOCUMENTATION "AS IS" AND TO THE +MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, +STATUTORY, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, +INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, +TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, +USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, OOKLA PROVIDES NO WARRANTY OR UNDERTAKING, +AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, +BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, +MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. +THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS. YOU MAY HAVE ADDITIONAL WARRANTY RIGHTS UNDER APPLICABLE +LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. OOKLA DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED +BY APPLICABLE LAW. + +7) Limitation of Liability. +To the fullest extent permitted by applicable law, in no event shall Ookla, its affiliates or its licensors be liable to you +for any loss of profits, loss of use, loss or corruption of data, interruption of business, computer failure or malfunction, +or any indirect, special, incidental, consequential, exemplary, or punitive damages arising from or related to this Agreement +or your use or inability to use the Software or documentation. Ookla's entire liability and your exclusive remedy for any damages +under this Agreement will be limited in any event to your direct and actual damages, not to exceed one hundred percent (100%) of +the total compensation paid by you under this Agreement. The foregoing limitations will apply whether such damages arise out of +breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or Ookla +was advised of the possibility of such damages. + +8) Export Regulation. +The Software may be subject to export laws and regulations of the United States and other jurisdictions. +You represent and warrant that: (i) you are not named on any U.S. government denied-party list; +and (ii) the Software and documentation will not be downloaded or used in a U.S.-embargoed country or region +or in violation of any U.S. export law or regulation. + +9) Severability. +In the event that any court of competent jurisdiction determines that any provision of this Agreement is unreasonable +or unenforceable for any reason, it is the intention of the parties that said provision be enforced to the fullest +extent permitted by law, that the Agreement shall thereby be reformed, and that in any event the remaining provisions +of this Agreement shall remain in full force and effect. + +10) Applicable Law; Venue. +This Agreement shall be construed in accordance with and governed by the laws of the State of New York, +without regard to its choice of law rules. The parties agree that the federal and state courts located in New York City, +New York shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement. +Each party hereby expressly consents to the jurisdiction of such courts with respect to any such dispute, waives any objection, +whether on the grounds of venue, residence or domicile or on the ground that the proceeding has been brought in an inconvenient forum, +and agrees that service of process in any such proceeding may be made by hand delivery or overnight courier with proof of delivery. +In the event of any dispute arising out of or related to the Agreement, the substantially prevailing party shall be entitled to receive +its reasonable attorneys’ fees and costs from the other party, in addition to any other relief to which the party is entitled. + +11) Waiver. +No failure or delay by either party in exercising any right, power, or remedy hereunder shall operate as a waiver thereof. +The waiver by one party of any breach or series of breaches of any provision of this Agreement by the other party will not +operate or be construed as a waiver of any subsequent breach by that party of that or any other provision of this Agreement. + +12) Complete Agreement. +This Agreement, the Terms of Use and Privacy Policy constitute the entire agreement between the parties with respect to the Software, +and supersede any and all prior or contemporaneous communications, representations, proposals, agreements, and understandings between the parties. -- cgit v1.2.3