Seeking opinions on the following license. I am concerned by Sec. 6,
Export Law Assurances. Might this even prevent inclusion in Debian
"nonfree"?
*** Software License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT "LICENSE" CAREFULLY BEFORE
DOWNLOADING THIS SOFTWARE. BY DOWNLOADING THIS SOFTWARE YOU ARE AGREEING
TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE
TERMS OF THIS LICENSE, DO NOT DOWNLOAD.
1. License. The software, documentation and any fonts which you will
receive by downloading this software (the "*** Software") are licensed,
not sold, to you by *** or its local subsidiary, if any. *** and/or
***'s licensor(s) retain title to the *** Software, and the *** Software
and any copies which this License authorizes you to make are subject to
this License. This License grants no right or license under any
trademarks, service marks, or tradenames of ***.
2. Permitted Uses and Restrictions. This License allows you to copy,
install and use the *** Software on an unlimited number of computers
under your direct control. You may modify and create derivative works of
the *** Software ("Modified Software"), however, you may not modify or
create derivative works of the fonts provided by *** ("Fonts"). You may
distribute and sublicense such Modified Software only under the terms of
a valid, binding license that makes no representations or warranties on
behalf of ***, and is no less protective of *** and ***'s rights than
this License. You may distribute and sublicense the Fonts only as a part
of and for use with Modified Software, and not as a part of or for use
with Modified Software that is distributed or sublicensed for a fee or
for other valuable consideration. If the Modified Software contains
modifications, overwrites, replacements, deletions, additions, or ports
to new platforms of: (1) the methods of existing class objects or their
existing relationships, or (2) any part of the virtual machine, then for
so long as the Modified Software is distributed or sublicensed to
others, such modified, overwritten, replaced, deleted, added and ported
portions of the Modified Software must be made publicly available,
preferably by means of download from a website, at no charge under the
terms set forth in Exhibit A below. You may transfer your rights under
this License provided you transfer this License and a copy of the ***
Software to a party who agrees to accept the terms of this License and
destroy any other copies of the *** Software in your possession. Your
rights under this License will terminate automatically without notice
from *** if you fail to comply with any term(s) of this License.
3. Disclaimer Of Warranty. The *** Software is pre-release, and
untested, or not fully tested. The *** Software may contain errors that
could cause failures or loss of data, and may be incomplete or contain
inaccuracies. You expressly acknowledge and agree that use of the ***
Software is at your sole risk. You acknowledge that *** has not publicly
announced, nor promised or guaranteed to you, that *** will release a
final, commercial or any future pre-release version of the *** Software
to you or anyone in the future, and that *** has no express or implied
obligation to announce or introduce a final, commercial or any future
pre-release version of the *** Software or any similar or compatible
product, or to continue to offer or support the *** Software in the
future. The *** Software is provided "AS-IS" and without warranty of any
kind and *** and ***'s licensor(s) (for the purposes of Sections 3 and
4, *** and ***'s licensor(s) shall be collectively referred to as "***")
EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS
OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. *** DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE *** SOFTWARE WILL MEET YOUR
REQUIREMENTS, OR THAT THE OPERATION OF THE *** SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE *** SOFTWARE WILL BE
CORRECTED. FURTHERMORE, *** DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE *** SOFTWARE OR
RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY *** OR AN *** AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY
OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE ***
SOFTWARE PROVE DEFECTIVE, YOU (AND NOT *** OR AN *** AUTHORIZED
REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE
TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS
OF A CONSUMER ACQUIRING *** PRODUCTS OTHERWISE THAN IN THE COURSE OF A
BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR
PERSONAL INJURY CAUSED BY ***'S NEGLIGENCE.
4. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING
NEGLIGENCE, SHALL *** BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall ***'s
total liability to you for all damages exceed the amount of fifty
dollars ($50.00).
5. Indemnification. You agree to indemnify and hold *** harmless from
any and all damages, liabilities, costs and expenses (including but not
limited to attorneys' fees and costs of suit) incurred by *** as a
result of any claim, proceeding, and/or judgment to the extent it arises
out of or is connected in any manner with the operation, use,
distribution or modification of Modified Software, or the combination of
*** Software or Modified Software with other programs; provided that ***
notifies Licensee of any such claim or proceeding in writing, tenders to
Licensee the opportunity to defend or settle such claim or proceeding at
Licensee's expense, and cooperates with Licensee in defending or
settling such claim or proceeding.
6. Export Law Assurances. You may not use or otherwise export or
reexport the *** Software except as authorized by United States law and
the laws of the jurisdiction in which the *** Software was obtained. In
particular, but without limitation, the *** Software may not be exported
or reexported (i) into (or to a national or resident of) any U.S.
embargoed country or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Department of
Commerce's Table of Denial Orders. By using the *** Software, you
represent and warrant that you are not located in, under control of, or
a national or resident of any such country or on any such list.
7. Government End Users. If the *** Software is supplied to the United
States Government, the *** Software is classified as "restricted
computer software" as defined in clause 52.227-19 of the FAR. The United
States Government's rights to the *** Software are as provided in clause
52.227-19 of the FAR.
8. Controlling Law and Severability. If there is a local subsidiary of
*** in the country in which the *** Software License was obtained, then
the local law in which the subsidiary sits shall govern this License.
Otherwise, this License shall be governed by the laws of the United
States and the State of California. If for any reason a court of
competent jurisdiction finds any provision, or portion thereof, to be
unenforceable, the remainder of this License shall continue in full
force and effect.
9. Complete Agreement. This License constitutes the entire agreement
between the parties with respect to the use of the *** Software and
supersedes all prior or contemporaneous understandings regarding such
subject matter. No amendment to or modification of this License will be
binding unless in writing and signed by ***.
Where the Licensee is located in the province of Quebec, Canada, the
following clause applies: The parties hereto confirm that they have
requested that this Agreement and all related documents be drafted in
English. Les parties ont exigé que le présent contrat et tous les
documents connexes soient rédigés en anglais.
EXHIBIT A
License. You may copy, install, use, modify and create derivative works
of the [Modified Software] "Changed Software" (but you may not modify or
create derivative works of the [Fonts]) and distribute and sublicense
such Changed Software, provided however, that if the Changed Software
contains modifications, overwrites, replacements, deletions, additions,
or ports to new platforms of: (1) the methods of existing classes
objects or their existing relationships, or (2) any part of the virtual
machine, then for so long as the Changed Software is distributed or
sublicensed to others, such modified, overwritten, replaced, deleted,
added and ported portions of the Changed Software must be made publicly
available, preferably by means of download from a website, at no charge
under the terms of a license that makes no representations or warranties
on behalf of any third party, is no less protective of [the licensors of
the Modified Software] and its licensors, and contains the terms set
forth in Exhibit A below [which should contain the terms of this Exhibit
A]. You may distribute and sublicense the [Fonts] only as a part of and
for use with Changed Software, and not as a part of or for use with
Changed Software that is distributed or sublicensed for a fee or for
other valuable consideration.
