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diff --git a/Docs/MySQLEULA.txt b/Docs/MySQLEULA.txt deleted file mode 100644 index f50c50298b1..00000000000 --- a/Docs/MySQLEULA.txt +++ /dev/null @@ -1,252 +0,0 @@ - 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. |