licenses/lc-license
author adam <adam@pkgsrc.org>
Wed, 11 Jul 2018 07:59:51 +0000
branchtrunk
changeset 310312 6c814757d8ea
parent 110174 8c46e2d816d0
permissions -rw-r--r--
Updated devel/distcc, security/py-cryptodome


                       LC SOFTWARE LICENSE AGREEMENT

   1.  GENERAL:  THIS  LICENSE AGREEMENT SHALL GOVERN THE USE BY YOU (THE
   "LICENSEE")  OF  THE  CRAY  INC.  ("CRAY")  LC  ELECTRO-MAGNETIC FIELD
   ANALYSIS   SOFTWARE  THAT  YOU  OBTAIN  THROUGH  THIS  WEB  SITE  (THE
   "SOFTWARE"), AND THE ACCOMPANYING DOCUMENTATION (THE "DOCUMENTATION").
   THIS  LICENSE  AGREEMENT  REPRESENTS THE ENTIRE AGREEMENT BETWEEN CRAY
   AND  LICENSEE  CONCERNING  THE  COPY OF THE SOFTWARE AND DOCUMENTATION
   THAT  LICENSEE  OBTAINS  THROUGH  THIS WEB SITE, AND IT SUPERSEDES ANY
   PRIOR  PROPOSAL,  REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES
   WITH  RESPECT  TO  THAT  COPY  OF  THE  SOFTWARE AND DOCUMENTATION. NO
   LICENSEE  PURCHASE ORDER OR OTHER COMMUNICATION SHALL BE CONSTRUED AS,
   OR  CONSTITUTE,  A  WAIVER OF THE TERMS AND CONDITIONS OF THIS LICENSE
   AGREEMENT,  OR  ACCEPTANCE  OF  ANY  ADDITIONAL  TERMS,  CONDITIONS OR
   SPECIFICATIONS,  AND  CRAY  HEREBY  OBJECTS  TO ANY SUCH ADDITIONAL OR
   CONTRARY TERMS, CONDITIONS OR SPECIFICATIONS.

   2.  TERM: This License Agreement is effective upon installation of the
   Software.  This  License  Agreement shall automatically terminate upon
   the  breach  by Licensee of any term hereof. In addition, Licensee may
   terminate  this  License  Agreement  at  any time. Upon termination or
   expiration  of  this  License  Agreement,  Licensee  shall destroy all
   copies  of  the  Software  and Documentation in Licensee's possession.
   Licensee's   obligations,   Cray's   warranty   disclaimers   and  the
   limitations  of  Cray's  liability  under this License Agreement shall
   survive any termination of this License Agreement.

   3.  LICENSE: Cray grants, and Licensee accepts, a non-transferable and
   non-exclusive  license  to  use the Documentation, and the Software in
   object code form only, subject to all the terms and conditions of this
   License  Agreement.  The  Software is licensed for Licensee's internal
   use  only.  Licensee may make one copy of the Software and any on-line
   Documentation   for  back-up  or  archival  purposes.  Licensee  shall
   reproduce  in  that  copy  all proprietary and restrictive notices set
   forth  in  the  Software  and  Documentation. No other rights to copy,
   sublicense  or  distribute  the Software or Documentation are granted.
   All  rights  not  specifically  granted  to  Licensee  by this License
   Agreement  shall  remain  in  Cray.  Licensee  acknowledges  that  the
   Software  and  Documentation  are proprietary products of, and contain
   proprietary  information  developed  by  Cray,  and  shall  remain the
   property   of   Cray.   Licensee  shall  not  disclose  the  Software,
   Documentation   or  any  information  contained  in  the  Software  or
   Documentation.  Licensee  shall use the same degree of care to prevent
   such disclosure as Licensee uses to protect Licensee's own information
   of  like  importance, but at least reasonable care. Licensee shall not
   modify   the   Software,  or  attempt  to  decompile,  cross  compile,
   disassemble,  reverse  engineer,  or use any other means to decode the
   Software.

   4.  WARRANTY  AND  LIMITATION  OF  LIABILITY:  THE  SOFTWARE  AND  THE
   DOCUMENTATION  ARE  PROVIDED  "AS  IS",  AND  ALL  EXPRESS AND IMPLIED
   WARRANTIES,   INCLUDING  THE  IMPLIED  WARRANTIES  OF  FITNESS  FOR  A
   PARTICULAR  PURPOSE AND MERCHANTABILITY, AND FREEDOM FROM VIOLATION OF
   THIRD  PARTY  INTELLECTUAL  PROPERTY  RIGHTS, ARE HEREBYEXCLUDED. CRAY
   WILL  NOT  BE  LIABLE  IN  ANY  EVENT  FOR ANY CONSEQUENTIAL, SPECIAL,
   INCIDENTAL,  OR  INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH
   THE  PERFORMANCE  OF  THE SOFTWARE OR ITS USE BY LICENSEE OR ANY OTHER
   PERSON,  OR  ANY FAILURE OF CRAY IN THE PERFORMANCE OF ITS OBLIGATIONS
   UNDER  THIS  LICENSE  AGREEMENT  (INCLUDING  LIABILITY FOR NEGLIGENCE)
   EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CRAY.

   5.  APPLICABLE  LAW: This License Agreement is governed by the laws of
   the  State  of  California, excluding the United Nations Convention of
   the  International  Sale  of  Goods,  and  without  reference  to  its
   provisions on the conflicts of laws.

   6.  INDEMNIFICATION:  Licensee  agrees  to  indemnify  and  hold  Cray
   harmless  in  respect  to  any and all claims of or liability to third
   parties  arising  from  the  use  of the Software or the output of the
   Software.

   7.  EXPORT:  Licensee  shall  not  dispose  of any software, know-how,
   technical  data,  documentation  or  other  materials  furnished to it
   pursuant  to  this  License  Agreement,  to any party or in any manner
   which  would  constitute a violation of the export control laws of the
   United States.

   8.  RESTRICTED  RIGHTS  LEGEND: If the Software is acquired for use by
   the US Government, such use shall be subject to "Restricted Rights" as
   that  term  is defined in the Federal Acquisition Regulations ("FAR"),
   Part  52.227-14  and  the  DoD  FAR  Supplement, Part 252.227-7013, as
   augmented by this License Agreement.

   9. GENERAL: Licensee shall not assign or otherwise transfer its rights
   or  obligations under this License Agreement without the prior written
   consent  of  Cray.  No  failure  by either party to take any action or
   assert  any right under this License Agreement shall be deemed to be a
   waiver of such right in the event of the continuation or repetition of
   the  circumstances  giving rise to such right. No modification of this
   License  Agreement  shall  be  binding on either party unless it is in
   writing and signed by both parties.

   In  the  event  that any of the terms of this License Agreement are in
   conflict with any applicable rule of law or statutory provision or are
   otherwise  unenforceable  under  the applicable laws or regulations of
   any  government  or  subdivision  thereof,  such terms shall be deemed
   stricken   from   this  License  Agreement,  but  such  invalidity  or
   unenforceability  shall  not invalidate any of the other terms of this
   Agreement  and  this  Agreement  shall  continue  in force, unless the
   invalidity  or  unenforceability  of  any  such provisions hereof does
   substantial  violence  to,  or  where  the  invalid  or  unenforceable
   provisions  comprise an integral part of, or are otherwise inseparable
   from, the remainder of this License Agreement.