Merge mysql.com:/space/my/mysql-4.0

into mysql.com:/space/my/mysql-4.0-automake

2 files changed, 252 insertions, 98 deletions

diff --git a/Docs/LICENSE b/Docs/LICENSE
deleted file mode 100644
index bd123fe42a5..00000000000
--- a/Docs/LICENSE
+++ /dev/null
@@ -1,98 +0,0 @@
-	End-User License Agreement for MySQL Commercial Server
-
-                      (Version 6, July 13, 2000)
-
-	    Copyright (C) 2000, MySQL AB & MySQL Finland AB
-
-       Stockholm SWEDEN, Helsingfors FINLAND and Uppsala SWEDEN
-
-                         All rights reserved.
-
-Definitions. This End-User License Agreement ("License") is a legal
-agreement between you, either an individual or a single entity,
-("Licensee") and MySQL AB, MySQL Finland AB and Detron HB ("Licensor")
-for the software product identified above, which includes computer
-software and may include associated media, printed materials, and
-online or electronic documentation ("Software"). The Software also
-includes any updates and supplements to the original Software product
-provided to you by Licensor. Any software provided along with the
-Software that is associated with a separate end-user license agreement
-is licensed to you under the terms of that license agreement.
-
-Agreement to the License. The Software is protected by copyright laws
-and international copyright treaties, as well as other intellectual
-property laws and treaties. The Software is licensed, not sold. If you
-do not agree to the terms of this License, do not install or use the
-Software. By installing, copying, modifying, downloading,
-distributing, accessing or otherwise using the Software, you agree to
-be bound by the following terms of this License:
-
-1. Grant for Authorized Use of the Software
-
-Licensor hereby grants to Licensee a non-exclusive, non-transferable
-right to use the Software in: - Installing. You may install copies of
-the Software for authorized use on your computers, including
-workstations, terminals and other digital electronic devices
-("Computer"). - Single Computer use. You may only use the Software on
-one Computer at a time regardless the number of Computers with
-installed copies. This right covers any number of concurrent users,
-CPUs and MySQL-servers with any number of copies running on one
-Computer.
-
-2. Description of Other Rights
-
-Licensor grants no other rights to the Software except as expressly
-set forth herein:
-
-- Copying. You may not copy the Software unless copies or adaptations
-  are meant for authorized use, archival purposes or when copying or
-  adaptation is a necessary step in the authorized use of the Software.
-
-- Distribution. You may not distribute the Software.
-
-- Modifying. You may modify the Software but you must reproduce all
-  copyright notices in the Software on all modified copies and
-  adaptations.
-
-- License transfer. You may resell or rent this License. If any
-  modifications have been made to the Software, you must include a
-  proper notification that the Software is modified.
-
-- Support services. Licensor may provide you with support services
-  related to the Software. Use and terms of support services are not
-  governed in this License.
-
-3. Term
-
-This license is effective until terminated. Licensor has the
-right to terminate your License immediately if you fail to comply with
-any term of this License.
-
-4. No Warranty
-
-The Software is provided "as is". Licensor makes no warranties,
-express or implied, arising from course of dealing or usage of trade,
-or statutory, as to any matter whatsoever. In particular, any and all
-warranties or merchantability, fitness for a particular purpose or
-non-infringement of third party rights are expressly excluded. The
-entire risk as to the quality and performance of the Software is with
-you. If the Software proves defective, you assume all the cost of
-necessary service, repair or correction.
-
-5. Limited Liability
-
-In no event will Licensor be liable to you for any consequential or
-incidental damages, including any lost profits or lost savings, or for
-any claim by any party, even if a Licensor representative has been
-advised of the possibility of such damages. Some states do not allow
-the exclusion or limitation of liability. Therefore, in any case, the
-entire liability of Licensor under any provision of this License is
-limited to the amount actually paid by you for the Software.
-
-6. Governing Law and Jurisdiction
-
-This License will be governed by the laws in force in
-Sweden. Jurisdiction is with Tingsrätten of Stockholm, Sweden.
-
-Should you have any questions concerning the validity of this License,
-please contact: mysql-licensing@mysql.com.
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.