[Fedora-legal-list] License opinion required

[David Carter]

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