|author||Rainer Pielmann||2012-10-10 06:36:21 (EDT)|
|committer||Manik Kishore||2012-10-10 06:36:21 (EDT)|
License check still in Stardust build git-svn-id: http://emeafrazerg/svn/ipp/product/trunk/stardust/documentation@59896 8100b5e0-4d52-466c-ae9c-bdeccbdeaf6b
1 files changed, 6 insertions, 106 deletions
diff --git a/org.eclipse.stardust.documentation.documentation-feature/feature.xml b/org.eclipse.stardust.documentation.documentation-feature/feature.xml
index f856139..198bf21 100644
@@ -15,116 +15,16 @@
- <description url="http://www.sungard.com/de/expcarnot/">
- Infinity Process Workbench - 3rd Party Dependencies Eclipse Feature
+ <description url="http://www.eclipse.org/stardust/">
- <copyright url="http://www.sungard.com/de/expcarnot/">
- Copyright (C) SunGard CSA LLC, 2000-2011. All rights reserved.
-This program is protected by copyright law and international
-treaties. Unauthorized reproduction or distribution of this program,
-or any portion of it, may result in severe civil and criminal
-penalties, and will be prosecuted to the maximum extent possible
- <license url="http://www.sungard.com/de/expcarnot/">
- SunGard Service Level and Software License Agreement
-SunGard Systeme GmbH on behalf of SunGard CSA LLC ("SunGard") grants you the right to use the Infinity Process Platform Software and to access the Infinity Process Platform Artifact (software component) Repository (all parts or combinations thereof hereinafter referred to as "the Software") for development or test purposes exclusively pursuant to the license terms below ("these Terms") and subject to the restrictions set out therein. Please read the terms below carefully. By installing the Software or accessing the Artifact Repository you confirm that you have carefully read these Terms and declare that you agree with these Terms.
-SunGard grants you a limited-scope, non-transferable, non-exclusive, right to use the Software exclusively for development or test purposes for your own business purposes. The license is limited to a period chosen during procurement, but in no case exceeding 365 days. This does not affect SunGard's rights of termination (Section 13). Using the Software in all other scenarios, especially, but not limited to a production environment requires a signed license agreement with SunGard.
-The Software as provided to you without a further signed agreement is made available for development or test purposes only. SunGard therefore does not assume any warranty in respect of the Software and in respect of any performance rendered on the basis of this test license. The Software is provided exclusive of all guarantees of quality. The law of impairment of obligations (Leistungsstörungsrecht) and the law of warranty are both expressly excluded, i.e. all statutory provisions governing warranties specifying that the Software must be of a particular minimum quality are not applicable.
-This also applies expressly for any planning-related specifications relating to the Software's suitability and other performance for a particular purpose. SunGard warrants neither that the Software will fulfill all your company's requirements, nor that the Software can be used without interruption or error. These provisions are not to be construed as a guarantee of quality within the meaning of Section 443 of the German Civil Code (Bürgerliches Gesetzbuch).
-Except as expressly stated in this Agreement, the Software and Services are provided “as is” and SunGard makes no representations or warranties regarding those, SunGard’s Confidential Information or any other matter pertaining to this Agreement and all warranties, rights, obligations, representations, liabilities, terms or conditions (whether oral, written, express or implied, or arising in contract, tort, statute or otherwise, and irrespective of the negligence of SunGard or its employees or agents) regarding the Services or any other matter pertaining to this Agreement (including without limitation, any relating to satisfactory quality, fitness for purpose, conformity with description or sample, care and skill or compliance with representations, but excluding any implied statutory warranties relating to title) are hereby expressly excluded. SunGard does not warrant that the Services will meet all or any of Customer’s requirements.
-In view of the fact that the Software is being provided free of charge, you accept that SunGard assumes no liability and confirm that you will indemnify SunGard against any third-party claims asserted as a result of your use of the Software. This does not however affect SunGard's liability for willful breach of duty or SunGard's liability for any death or personal injury resulting from negligence or any cases that, under the relevant governing law, are deemed compelling and mandatory cases of liability. Any fault of legal representatives or vicarious agents shall be deemed SunGard's fault.
-4. Other restrictions
-You may not make accessible the Software beyond your business unit. You may not disclose the license keys and any access credentials provided to you beyond the legal entity that is party of this agreement on your side. You must comply with all export laws affecting the Software. Under no circumstances shall any affiliate or customer of yours or any other person be considered a third party beneficiary of these Terms or be otherwise entitled to any rights or remedies under these Terms, even if such persons are granted access to the Software under contract.
-5. Right to License; No Infringement
-Assuming that the Software is used in accordance with the provisions of the license terms, SunGard warrants that, as at the date on which it is supplied to you, the Software does not infringe any
- 1. US patents existing as at the effective date,
- 2. copyrights of a signatory state to the Berne Convention as at the effective date, or any
- 3. trade secrets or other proprietary rights of third parties. If and insofar as SunGard is responsible for breaching this warranty, SunGard will indemnify and hold you harmless against all third-party claims, subject to the proviso that any damage suffered by you may adequately be deemed to have been caused by such breach and is covered by the scope of this protection.
-SunGard shall have no liability or obligation under this Section 5 unless you give written notice to SunGard within ten (10) days of the date on which you first receive notice of the applicable infringement claim and allow SunGard to have sole control of the defense or settlement of the claim. The remedies provided in this Section 5 are the sole remedies for a breach of the warranty contained in this Section 5. If any applicable infringement claim is initiated or threatened, or in SunGard's sole opinion is likely to be initiated, SunGard shall have the option, at its expense, to:
- 1. modify or exchange the Software and/or the documentation as a whole or any part thereof which constitutes or could constitute an infringement of proprietary rights in order to avoid such infringement of proprietary rights, provided this does not have a significant adverse effect on the intended functionality of the Software; or
- 2. procure you the right to continue to use any part of the Software or the documentation which constitutes an infringement of proprietary rights; or
- 3. to remove the Software and/or the Documentation as a whole or any part thereof which constitutes or could constitute an infringement of proprietary rights, at which point this agreement will lapse in respect of such part of the Software and/or the Documentation.
-6. SunGard's Proprietary Items, Proprietary Rights and Other Rights for the Protection of Intellectual Property
-Proprietary Items means, collectively, the Software and Documentation, the object code and the source code for the Software (including all ancillary and standard copyrights and other intellectual property rights), the visual expressions, screen formats, report formats and other design features of the Software, all ideas, methods, algorithms, formulae and concepts used in developing and/or incorporated into the Software or Documentation, all future modifications, revisions, updates, releases, refinements, improvements and enhancements of the Software or Documentation, all derivative works (as such term is used in the German or U.S. copyright laws) based upon any of the foregoing and all copies of the foregoing.
-The Proprietary Items are trade secrets and protected intellectual property of SunGard which have a high economic value for SunGard. Any Proprietary Items to which you are granted access under these Terms are to be treated as confidential at all times. You are only permitted to use such items in accordance with these Terms. You are not permitted to communicate information concerning such Proprietary Items to other persons, publish such information, exhibit, lend, give away or grant any other party access to such Proprietary Items nor to place such Proprietary Items in the possession of any other party. All existing ancillary and standard copyrights and other industrial property rights of all kinds (in particular trademarks and patents) are the exclusive property of SunGard. No legal claims, patents, copyrights, trademarks, database rights, trade secrets, intellectual property or other proprietary or ownership rights of any kind to any Proprietary Items are transferred to you under these Terms. All copies of Proprietary Items in your possession remain the exclusive property of SunGard and are merely loaned to you for the duration of this agreement.
-Confidential Information means any confidential information or materials exchanged between the parties in relation to these Terms, including in particular:
- 1. the Proprietary Items and SunGard's development plans,
- 2. information about the Software and your systems;
- 3. information regarding a party's business plans, business partners, trading strategies or trading positions,
- 4. information regarding individual customers of a party, and
- 5. any other information which the disclosing party labels in writing as "confidential" or which under the circumstances of the disclosure should reasonably be considered confidential by the receiving party.
-The receiving party shall take all reasonable measures to protect the confidentiality of the disclosing party's Confidential Information, which shall not be less than the measures the receiving party takes to protect its own similar confidential information (diligentia quam in suis). Neither party shall without authorization copy the Confidential Information or disclose it to third parties. This restriction shall not prohibit disclosure of the Confidential Information, on a need-to-know basis, to a party's advisors (who must be subject to a duty of professional secrecy), to national, international, municipal or other authorities exercising a supervisory, examination or regulatory function in relation to a party, or to contractors of a party under a written obligation of confidence consistent with the provisions of this Section 7. The receiving party shall cooperate with the other party in investigating and resolving any suspected breach of confidentiality. Under no circumstances may a contractor receiving any of SunGard's Confidential Information from you be a competitor of SunGard.
-The obligations set forth in the preceding two paragraphs shall not apply to the extent that the Confidential Information:
- 1. has become part of the public domain;
- 2. was previously known by the receiving party, and the receiving party can provide appropriate evidence thereof;
- 3. is properly received from a third party where no obligation of confidence is involved; or
- 4. is disclosed pursuant to legal obligation.
-Your rights and obligations hereunder may not be assigned or assumed without SunGard's prior written consent. If, as a result of any stock transactions, merger, consolidation, or any other measures, your company undergoes a change of control, is acquired or acquires any other entity, or acquires any new business, directly or indirectly, and whether in entirety or any material part, test licenses granted under this Agreement shall not permit the use of the Software at or by any acquirer or acquired organization or the processing of such acquired business. You must immediately inform SunGard of any change of control in writing and, once the change of control takes effect, cease using the Software until further notice.
-These Terms are governed by the substantive laws of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods ("CISG"), and the parties hereto hereby consent to the exclusive jurisdiction of the Regional Court (Chamber for Commercial Matters) of Frankfurt am Main, Germany with respect to any dispute that may arise. Where the Parties did not specifically provide for a given matter, the German Civil Code statutes for service agreements (Dienstverträge) shall apply by way of supplement.
-10. Force Majeure
-Neither party shall be liable for, nor shall either party be considered in breach of these Terms due to, any failure to perform its obligations under these Terms due to causes which could not have been prevented by the non-performing party using reasonable care.
-11. Export and Usage Restriction Laws
-You hereby acknowledge that SunGard is bound by the export and usage restriction laws of the United States of America (as amended from time to time) and agree to comply with any resulting restrictions.
-12. Entire Understanding
-These Terms comprise the entire understanding between the parties with respect to the subject matter and supersede all prior proposals, marketing materials, negotiations, representations, agreements, and other written or oral communications between the parties with respect to the subject matter, which are herewith cancelled as a matter of precaution.
-13. Term and Termination
-The license issued under these Terms shall lapse automatically once the period chosen during procurement or 365 days have elapsed following the effective date of this agreement. If, before or after this test license has lapsed, you decide to acquire a follow-up license, the parties will conclude a separate agreement for this purpose. Insofar as the term of the test license has not elapsed, the agreement governing the test license will lapse automatically upon conclusion of a new agreement governing the purchase of a follow-up license.
-SunGard can terminate this agreement with immediate effect for cause if you commit a breach of duties hereunder. SunGard is also entitled to terminate this agreement by giving you written notice (e-mail shall suffice) of ten (10) calendar days if a new release of the Software is available or SunGard, at its discretion, deems your use of the Software for test purposes to be inexpedient.
-Any mutual claims between you and SunGard shall be time-barred at the latest once one year has elapsed from the beginning of the statutory limitation period.
-Upon termination of this agreement or expiry of the applicable license term, you will cease to use the Software and destroy all copies of the documentation and all other Confidential Information in your possession or sphere of influence. The provisions of Sections 2, 3, 4, 5, 6, 7, 8, 9, 13, 14 and 15 of these Terms shall remain valid once the agreement has ended.
-If individual terms of this Agreement are invalid or lose their validity by virtue of subsequent events, or if an omission is discovered in this Agreement, this shall not affect the validity of the remaining terms. The invalid term or the omission shall be replaced or rectified by inserting an appropriate term which, to the extent legally possible, most closely reflects that which the parties would have intended if they had considered the issue.
-Under no circumstances are you entitled to assert rights of retention or any other counter-rights (e.g. off-setting) against your obligations under these Terms.
-Contracting party and contact:
-SunGard Systeme GmbH
-60486 Frankfurt am Main
-+49 (0)69 70768-0
+ <license url="%licenseURL">