diff options
author | unknown <lenz@mysql.com> | 2002-10-13 16:57:33 +0200 |
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committer | unknown <lenz@mysql.com> | 2002-10-13 16:57:33 +0200 |
commit | 4a498d689158c7cf9068b6c932ea3ea4f4d80aa4 (patch) | |
tree | c4ef65296f29e91dee9d2dd7be37df6feae0ff43 /Docs/MySQLEULA.txt | |
parent | 782dccfbfe14f7e0366934faafd515c2435a7d7c (diff) | |
download | mariadb-git-4a498d689158c7cf9068b6c932ea3ea4f4d80aa4.tar.gz |
- replaced Docs/LICENSE with Docs/MySQLEULA.txt
- Updated scripts/make_binary_distribution and scripts/mysql-copyright*
accordingly
BitKeeper/deleted/.del-LICENSE~4cfaff8de837acb8:
Delete: Docs/LICENSE
BitKeeper/deleted/.del-MySQLEULA.doc~e7fa298916345cf3:
Delete: Docs/MySQLEULA.doc
Build-tools/mysql-copyright-2:
- replaced LICENSE with MySQLEULA.txt
Build-tools/mysql-copyright:
- replaced LICENSE with MySQLEULA.txt
scripts/make_binary_distribution.sh:
- replaced LICENSE with MySQLEULA.txt
Diffstat (limited to 'Docs/MySQLEULA.txt')
-rw-r--r-- | Docs/MySQLEULA.txt | 252 |
1 files changed, 252 insertions, 0 deletions
diff --git a/Docs/MySQLEULA.txt b/Docs/MySQLEULA.txt new file mode 100644 index 00000000000..71e630ec81f --- /dev/null +++ b/Docs/MySQLEULA.txt @@ -0,0 +1,252 @@ + License Agreement for Commercial Use of MySQL[tm] Software + +This Agreement ("License") is between MySQL AB, a Swedish company +("Licensor"), and the customer ("Licensee") identified on the electronic order +form submitted on behalf of Licensee (the "Order Form"). In consideration of +the mutual promises, covenants and conditions contained herein, the +sufficiency of which is hereby acknowledged, the parties agree as follows. + +1. License Grant. +"Licensed Software" means a complete and unchanged copy of the object code +version of the MySQL relational database management software identified in the +Order Form and posted on a special download page of the MySQL AB web site (the +"Download Page") made available to Licensee immediately after payment as +provided in Section 4. Subject to payment and the other terms and conditions +hereof, Licensor grants to Licensee a limited, non-exclusive and +non-transferable right to: (a) make one copy of the Licensed Software for each +license purchased (each, a "Licensed Copy"); (b) compile and/or link each +Licensed Copy to one copy of the Licensee software identified in the Order +Form (the "Licensee Application") without modifying the Licensed Software +(each, an "Integrated Product"); and (c) load and use the Licensed Copy +portion of an Integrated Product on one machine or instrument in the operating +system environment(s), and on the hardware platform(s) specified in the Order +Form, and solely for running and extracting data from, the Licensee +Application. "Use" means operation by one person for internal business +purposes in accordance with the terms and conditions hereof. Licensed Copies +shall be deemed accepted by Licensee immediately upon download. Licensee may +make one additional copy of each Licensed Copy for backup and archival +purposes only. + +2. Transfer. +Only after Licensee has linked or compiled a Licensed Copy as permitted in +Section 1, Licensee may transfer to a third party (the "Transferee") the right +to use such copy as described in Section 1. As a condition to any such +transfer: (a) Licensee must deliver the Licensed Copy and any backup copy to +the Transferee along with a copy of this License (including the Sales Order); +and (b) the Transferee must accept the terms and conditions of this License. +Any and all of Licensee's rights to a Licensed Copy shall terminate upon +transfer of the right to use such copy. A Transferee's rights are limited to +the use rights described in Section 1(c), and do not include the linking, +compilation or copying rights (except for backup and archival copies) +described in Section 1. If you did not purchase this License directly from +MySQL AB, then you are a Transferee. Licensee and any Transferee must comply +with all applicable export laws and regulations. + +3. Restrictions. +Licensee may use the Licensed Software only as expressly provided in Section +1. Without limiting the foregoing, Licensee shall not: (a) lease, license, +use, make available, distribute or modify all or any part of the Licensed +Software to any third party, except as otherwise expressly permitted herein; +(b) use the Licensed Software to operate in or as a time-sharing, outsourcing, +service bureau, application service provider or managed service provider +environment; (c) lease, license, use, make available or distribute the +Licensed Software as a general SQL server, as a stand alone application or +with applications other than the Licensee Application under this License; (d) +copy the Licensed Software onto any public or distributed network; (e) +distribute Integrated Products pursuant to a public or open source license; +(f) port the Licensed Software to any operating system other than as described +in the Order Form; or (g) change any proprietary rights notices which appear +in the Licensed Software. Except as otherwise provided in Section 2, the +rights granted to Licensee herein are rights that may be exercised solely by +Licensee. + +4. Price and payment. +No later than thirty (30) days after submission of the Order Form, Licensee +shall remit one non-refundable license fee per Licensed Copy as posted on +http://order.mysql.com on the date Licensee submitted the Order Form (the +"License Fee"). All payments shall be made in Euros or U.S. dollars. Licensee +shall be responsible for paying all local, state, federal and international +sales, value added, excise and other taxes and duties payable in connection +with this License, other than taxes based upon Licensor's net income. Licensee +shall not be permitted to access the Download Page until Licensor has received +payment in full. + +5. Termination. +Licensor may terminate this License immediately if the Licensee shall breach +any of the provisions of this License and such breach remains uncured 30 days +after receipt of notice. In the event that Licensee becomes liquidated, +dissolved, bankrupt or insolvent, whether voluntarily or involuntarily, or +shall take any action to be so declared, Licensor shall have the right to +terminate this License immediately. Upon expiration, cancellation or other +termination of this License, Licensee shall immediately: (a) discontinue +distribution of Integrated Products that include Licensed Software; and (b) +destroy all copies of the Licensed Software, including (without limitation) as +linked or compiled in any Integrated Product. Sections 4 through 10 shall +survive the termination of this License for any reason. + +6. Proprietary Rights. +Licensee agrees that the copyright, patent, trade secrets and all other +intellectual proprietary rights of whatever nature in the Licensed Software +and related documentation, including derivative works, are and shall remain +the exclusive property of Licensor and any third party suppliers. Nothing in +this License should be construed as transferring any aspects of such rights to +Licensee or any third party. Licensor reserves any and all rights not +expressly granted herein. MySQL is a trademark of MySQL AB, and shall not be +used by Licensee without Licensor's express written authorization. Licensee +shall include in the Integrated Products a conspicuous notice that the +Integrated Products include software whose copyright is owned by MySQL AB. + +7. Disclaimer of Warranties. +THE LICENSED SOFTWARE IS LICENSED "AS IS," WITHOUT ANY WARRANTIES WHATSOEVER. +LICENSOR EXPRESSLY DISCLAIMS, AND LICENSEE EXPRESSLY WAIVES, ALL WARRANTIES, +WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBILITY, FITNESS +FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, +NON-INTERFERENCE AND ACCURACY OF INFORMATIONAL CONTENT. LICENSOR DOES NOT +WARRANT THAT THE LICENSED SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS OR THAT +THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR +THAT ERRORS WILL BE CORRECTED. THE ENTIRE RISK OF THE LICENSED SOFTWARE'S +QUALITY AND PERFORMANCE IS WITH LICENSEE. Without limiting the generality of +the foregoing disclaimer, Licensee acknowledges that the Licensed Software is +not specifically designed, manufactured or intended for use in the planning, +construction, maintenance, control or direct operation of nuclear facilities, +aircraft navigation, control or communication systems, weapons systems or +direct life support systems. + +8. Indemnification. +Licensee hereby indemnifies and agrees to defend Licensor against any and all +damages, judgments and costs (including reasonable attorneys' fees) related to +any claim based upon: (a) an allegation that the Licensee Application +infringes the intellectual property of a third party; (b) use of the Licensed +Software in a manner prohibited under this License or in a manner for which +the Licensed Software was not designed; (c) integration or use of the Licensed +Software with the Licensee Application (where use of the Licensed Software +alone would not infringe); (d) changes made by Licensee to the Licensed +Software (where use of unmodified Licensed Software would not infringe); (e) +changes made, or actions taken, by Licensor upon Licensee's direct +instructions; or (f) bodily injury, property damage or any other damage or +injury due to the use or inability to use an Integrated Product. + +9. Limitation of Liability. +LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS +AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, +INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) ANY LOST +PROFITS OR LOST SAVINGS (WHETHER RESULTING FROM IMPAIRED OR LOST DATA, +SOFTWARE OR COMPUTER FAILURE OR ANY OTHER CAUSE), EVEN IF IT HAS BEEN ADVISED +OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION IN +THIS AGREEMENT, THE LIABILITY OF LICENSOR FOR ANY REASON AND UPON ANY CAUSE OF +ACTION SHALL BE LIMITED TO THE AMOUNT PAID TO LICENSOR BY LICENSEE UNDER THIS +AGREEMENT. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, +INCLUDING (WITHOUT LIMITATION) BREACH OF CONTRACT, BREACH OF WARRANTY, +NEGLIGENCE, MISREPRESENTATIONS AND OTHER TORTS. THE PARTIES AGREE THAT THE +REMEDIES AND LIMITATIONS HEREIN ALLOCATE THE RISKS BETWEEN THE PARTIES AS +AUTHORIZED BY APPLICABLE LAWS. THE LICENSE FEES ARE SET IN RELIANCE UPON THIS +ALLOCATION OF RISK AND THE EXCLUSION OF CERTAIN DAMAGES AS SET FORTH IN THIS +AGREEMENT. + +10. Miscellaneous. + +10.1 Interpretation. +Failure by Licensor to exercise any right or remedy does not signify +acceptance of the event giving rise to such right or remedy. No action arising +out of this License may be brought by Licensee more than one year after the +cause of action has accrued. If any part of this License is held by a court of +competent jurisdiction to be illegal or unenforceable, the validity or +enforceability of the remainder of this License shall not be affected and such +provision shall be deemed modified to the minimum extent necessary to make +such provision consistent with applicable law and, in its modified form, such +provision shall be enforceable and enforced. Licensor reserves the right not +to accept any Order Form. Any invoice issued by Licensor in connection with +this License shall be deemed a part of this Agreement. To the extent of any +inconsistency between an Order Form and an invoice issued by Licensor, the +terms and conditions of the invoice shall prevail; Licensee shall be deemed to +have accepted an invoice upon payment of such invoice. In the event that +Licensee placed an order by telephone or through an authorized sales +representative, the invoice issued by Licensor shall constitute the Order +Form. The terms and conditions of this Agreement shall replace and serve as a +novation of the terms and conditions of any commercial (i.e., non-GPL) license +purchased online by Licensee prior to August 2002. + +10.2 Binding. +This Agreement will be binding upon and inure to the benefit of the parties, +their respective successors and permitted assigns. Except as otherwise +provided in Section 2, without the prior written consent of Licensor, Licensee +may not assign this License or its rights or obligations under this License to +any person or party, whether by operation of law or otherwise; any attempt by +Licensee to assign this License without Licensor's prior written consent shall +be null and void. There are no intended third party beneficiaries of this +License. The parties are, and shall remain, independent contractors; nothing +in this License is designed to create, nor shall create between them, a +partnership, joint venture, agency, or employment relationship. + +10.3 Governing Law; Dispute Forum. +If Licensee's residence, principal place of business or place of organization +is in the United States of America ("USA"), then this License shall be deemed +to have been executed in the USA and shall be governed by the laws of the +State of Delaware, without regard to the conflict of laws provisions thereof. +If Licensee's residence, principal place of business or place of organization +is in any country other than the USA, then this License shall be deemed to +have been executed in Sweden and shall be governed by the laws of Sweden, +without regard to the conflict of laws provisions thereof. In no event shall +the United Nations Convention on Contracts for the International Sale of Goods +apply to, or govern, this License. The parties consent to the exclusive +jurisdiction of the courts of Sweden and the USA, as provided in this Section. +In the event that Licensor initiates an action in connection with this License +or any other dispute between the parties, the exclusive jurisdiction of such +action shall be in: (a) Newark, Delaware, if Licensee's residence, principal +place of business or place of organization is in the USA; or (b) Uppsala, +Sweden, if Licensee's residence, principal place of business or place of +organization is in any country other than the USA. In the event that Licensee +initiates an action in connection with this License or any other dispute +between the parties, the exclusive jurisdiction of such action shall be in +Stockholm, Sweden. Notwithstanding the foregoing, either party may bring a +counterclaim in an action in the same jurisdiction in which the originating +claim was filed, and either party may enforce any judgment rendered by such +court in any court of competent jurisdiction. Licensee shall comply at its own +expense with all relevant and applicable laws related to use and distribution +of the Licensed Software as permitted in this License. Notwithstanding the +foregoing, Licensor may seek injunctive or other equitable relief in any +jurisdiction in order to protect its intellectual property rights. The parties +have agreed to execute this License in the English language, and the English +language version of the Agreement will control for all purposes. Any action +brought under this License shall be conducted in the English language. +Licensee shall be responsible for Licensor's attorneys fees and other expenses +associated with the enforcement of this License or the collection of any +amounts due under this License. + +10.4 Notice. +Unless otherwise agreed, any notice under this License shall be delivered and +addressed to Licensee at the address set forth on the Order Form, and to +Licensor at Bangardsgatan 8, 753 20, Uppsala, Sweden. Notice shall be deemed +received by any party: (a) on the day given, if personally delivered or if +sent by confirmed facsimile transmission, receipt verified; (b) on the third +day after deposit, if mailed by certified, first class, postage prepaid, +return receipt requested mail, or by reputable, expedited overnight courier; +or (c) on the fifth day after deposit, if sent by reputable, expedited +international courier. Either party may change its address for notice +purposes upon notice in accordance with this Section. Licensor may identify +Licensee as a commercial licensee, including on the MySQL web site. + +10.5 GPL. +The GPL License shall continue to apply to any and all uses and distributions +of the Licensed Software undertaken by Licensee either prior to the Effective +Date, after termination, or otherwise outside the scope of this License. This +Agreement shall not be deemed to replace or otherwise amend any Licensee +rights or obligations pursuant to the GPL License with respect to any uses of +the Licensed Software described in the preceding sentence. + +10.6 Entire Agreement. +This Agreement (including the Order Form and the invoice) comprises the entire +agreement, and supercedes and merges all prior proposals, understandings and +agreements, oral and written, between the parties relating to the subject +matter of this License. This Agreement may be amended or modified only in a +writing executed by both parties. To the extent of any conflict or +inconsistency between this License and any invoice or other document submitted +by Licensee to Licensor, this License will control. Licensor's acceptance of +any document shall not be construed as an acceptance of provisions which are +in any way in conflict or inconsistent with, or in addition to, this License, +unless such terms are separately and specifically accepted in writing by an +authorized officer of Licensor. + +10.7 Print this License. +For record keeping purposes, we encourage Licensee to print this License and +the Order Form on the date that the Order Form is submitted. |