7:58 a.m.
Hi,
I'm packaging software with the following license on part of the code,
and I need to know if it's OK.
License Agreement for Application Response Measurement (ARM)
Version 4.0
Software Development Kit (SDK)
YOU MUST AGREE TO THESE TERMS BEFORE YOU DOWNLOAD OR USE THIS
PROGRAM.
ANY SUCH USE OR DOWNLOADING INDICATES YOUR ACCEPTANCE OF THESE
TERMS.
Hewlett-Packard Corporation (HP) and tang-IT Consulting GmbH
(tang-IT)
grant you a license to use the ARM SDK. The ARM SDK is
copyrighted
and licensed (not sold). HP and tang-IT do not transfer
title to the ARM SDK to you. You obtain no rights other than
those
granted under this license.
Under this license, you may:
1. Use the ARM SDK on one or more machines at a time;
2. Make copies of the ARM SDK for use or backup purposes within
your enterprise;
3. Modify the ARM SDK and merge it into another
program; and
4. Make copies of the original file you download and
distribute it,
provided that you transfer a copy of this license
agreement to the
other party, and provided that the other party agrees to
all terms
of this license.
You must reproduce the copyright notice and any other legend of
ownership on each copy or partial copy of the ARM SDK. You may
NOT
sublicense, rent, lease, or assign the ARM SDK or any part of the
ARM SDK.
Except as expressly stated above, HP and tang-IT grant no other
licenses,
express or implied, by estoppel or otherwise, to any intellectual
property rights.
HP tang-IT do not warrant that the ARM SDK is free from claims
by any
party of copyright, patent, trademark, trade secret, or any other
intellectual property infringement.
LIMITED LIABILITY
Under no circumstances are HP and tang-IT liable for any of the
following,
even if HP and tang-IT are informed of their possibility:
1. third party claims against you for losses or damages;
2. loss of, or damage to, your records or data; or
3. economic consequential damages (including lost
profits or
savings) or incremental damages.
4. punitive or non-compensatory damages of any sort
NO WARRANTIES
THIS PROGRAM IS PROVIDED "AS IS." HP AND tang-IT DISCLAIM ALL
WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
HP and tang-IT do not warrant uninterrupted or error free
operation of the
SDK.
Some jurisdictions do not allow the exclusion of implied
warranties or
limits on liability, so the above exclusions may not apply to you.
HP and tang-IT have no obligation to provide service, defect
correction,
or any maintenance for the SDK. HP and tang-IT have no
obligation to
supply any ARM SDK updates or enhancements to you even if such
are or
later become available.
You may terminate this license at any time. HP and tang-IT may
terminate
this license if you fail to comply with any of its terms. In
either
event, you must destroy all your copies of the ARM SDK.
You are responsible for the payment of any taxes resulting from
this
license.
You may not sell, transfer, assign, or subcontract any of your
rights
or obligations under this license. Any attempt to do so is void.
No licensee may bring a legal action more than two years after the
cause of action arose.
You hereby waive your right to a trial by jury and agree that any
action arising from the relationship of the parties to this
license
shall be decided by a court without a jury.
TIA,
Dave