Merge mysql.com:/Users/kent/mysql/bk/lic/my40-lic

into  mysql.com:/Users/kent/mysql/bk/lic/my41-lic


README:
  Auto merged

1 files changed, 0 insertions, 252 deletions

diff --git a/Docs/MySQLEULA.txt b/Docs/MySQLEULA.txt
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-          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://shop.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.