Tsert Inc. End User Licence Agrement [EULA]
(c) Copyright 1996-2018, Tsert Inc., All Rights Reserved.
TSERT INC. MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR
PURPOSE, AND THE WARRANTY AGAINST INFRINGEMENT OF PATENTS OR OTHER
INTELLECTUAL PROPERTY RIGHTS. THE SOFTWARE IS PROVIDED "AS IS", AND IN NO
EVENT SHALL TSERT INC. OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DAMAGES,
INCLUDING ANY LOST PROFITS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES
RELATING TO THE USE OF THIS SOFTWARE.
Protection of Tsert Inc. Systems Software and Data Files.
Except as expressly authorized by Tsert Inc., you may not (i) disassemble,
decompile or otherwise reverse engineer Tsert Inc. systems software, or
(ii) create derivative works based upon Tsert Inc. systems software and
data files, or (iii) rent, lease, sublicense, distribute, transfer, copy,
reproduce, modify or timeshare Tsert Inc. systems software and data files,
or (iv) allow any third party to access or use Tsert Inc. systems software
and data files, or (v) modify Tsert Inc. systems software or data files,
including any deletion of code from or addition of code to the software
and any modification to the data files.
Operating System License for:
Breeze::OS Grade©®,
Breeze::OS Kodiak©®,
Breeze::OS Katmai©®,
Breeze::OS Meme©®,
Breeze::OS NasDrive©®,
Breeze::OS NasBreeze©®,
Breeze::OS Puma©®,
Breeze::OS Mach©®,
Breeze:OS Community Edition©®,
Breeze:OS Carbon1 Desktop©®,
Breeze:OS Carbon2 Desktop©®,
Breeze:OS Carbon3 Desktop©®,
Breeze:OS Carbon4 Desktop©®,
Breeze:OS Carbon5 Desktop©®,
Breeze:OS Carbon8 Desktop©®,
Breeze:OS Carbon14 Desktop©®,
Breeze:OS Carbon60 Desktop©®,
Breeze:OS Café Desktop©®.
--------------------------- Packaging system ---------------------------
Our packaging system, Breeze::OS Packager©® uses a zip-derived archive
format, which includes the following entries:
mimetype,
meta.xml,
depends.xml,
manifest.xml,
settings.xml,
private.xml,
style.xml
archive.[xz|txz|tlz|tbz|tgz|deb]
archive.sig
The contents of the compressed archive are taken from distributions;
such as, slackware, debian, freebsd, netbsd, etc..
The compressed archive of the packages can be extracted and re-used by
packaging systems other than the Breeze::OS packager; since they are
archived as downloaded from their respective websites. The original hash
signatures of the downloaded archives are kept in the 'meta.xml' file.
The source code consisting of shell scripts, in the package installer
fall under the GNU GPLv2 license.
REDISTRIBUTION AND USE OF THE BREEZE::OS PACKAGER AND INSTALLER, AS WELL AS,
THE ZIP DERIVED ARCHIVES OF EVERY PACKAGE, EXCEPT THOSE OF OUR COMMERCIALLY
RELEASED TOOLS, IS PERMITTED.
THE BREEZE:OS ARCHIVE FORMAT AND DATABASE SCHEMAS REMAIN PROPRIETARY; AND
CAN ONLY BE USED WITHIN THE FRAMEWORK OF THE INSTALLER AND PACKAGING SYSTEM.
-------------------------------------------------------------------------------
If the Breeze::OS version you purchased, includes our commercially
released tools and applications; then read the following:
TSERT INC. IS WILLING TO LICENSE THE BREEZE::OS DESKTOP (ANY EDITION)
("BREEZE::OS DESKTOP" - THE "SOFTWARE") TO YOU ONLY UPON THE CONDITION THAT
YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT
(THE "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY INSTALLING,
OR USING THIS SOFTWARE, YOU ACCEPT ALL OF THE TERMS OF THE AGREEMENT.
1. DEFINITIONS.
"Software" means the code identified above in binary form, any other
machine readable materials including, but not limited to, libraries,
source files, header files, and data files), any updates or error
corrections provided by Tsert Inc., and any user manuals, programming
guides and other documentation provided to you by Tsert Inc. under this
Agreement, and any subsequent versions that Tsert Inc. makes available
to you hereunder.
"Operating System" means any version of the Linux or BSD operating systems
that manages the hardware resources of a general purpose desktop or server
computer and shares these resources with various software programs that
run on top of it. "Programs" means Breeze::OS Desktop applets, daemons, and
applications intended to run on the Breeze::OS Desktop platform.
2. LICENSE GRANT.
Subject to the terms and conditions of this Agreement, as well as
the restrictions and exceptions set forth below, Tsert Inc. grants
you a non-exclusive, non-transferable, royalty-free limited license
to reproduce the software according the SEAT-LICENCE AGREEMENT; and
use the Software internally, complete and unmodified, for the sole
purposes of running Programs and designing, developing and testing
Programs.
3. RESTRICTIONS.
Software is copyrighted and title to Software and all associated
intellectual property rights is retained by Tsert Inc. unless
enforcement is prohibited by applicable law, you may not modify,
decompile, or reverse engineer Software.
You may not create, modify, or change the behavior of, or authorize
your licensees, distributors, resellers, OEMs, or end users
(collectively, "Licensees") to create, modify, or change the
behavior of, classes, interfaces, or subpackages that are in any
way identified as "Breeze::OS Desktop", "Breeze::OS Desktop plugins",
"Breeze::OS Desktop daemons", "Breeze::OS Desktop applications", or
similar convention as specified by Tsert Inc. in any naming convention
designation.
Licensee may not disclose, modify, sell, market, commercialise,
distribute, loan, rent, lease, or license the Licensed Software or any
copy of it or use the Licensed Software for any purpose that is not
expressly granted. Licensee may not alter or remove any details of
ownership, copyright, trademark or other property right connected with
the Licensed Software. Licensee may not distribute any software statically
or dynamically linked with the Licensed Software.
4. OWNERSHIP.
The Licensed Software is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and
treaties. The Licensed Software is licensed, not sold.
If Licensee provides any findings, proposals, suggestions or other
feedback ("Feedback") to Tsert Inc. regarding the Licensed Software,
Tsert Inc. shall own all right, title and interest including the
intellectual property rights in and to such Feedback, excluding however
any existing patent rights of Licensee. To the extent Licensee owns or
controls any patents for such Feedback Licensee hereby grants to
Tsert Inc. and its Affiliates, a worldwide, perpetual, non-transferable,
sublicensable, royalty-free license to (i) use, copy and modify
Feedback and to create derivative works thereof, (ii) to make (and
have made), use, import, sell, offer for sale, lease, dispose, offer
for disposal or otherwise exploit any products or services of Tsert Inc.
containing Feedback,, and (iii) sublicense all the foregoing rights to
third party licensees and customers of Tsert Inc. and/or its Affiliates.
5. VALIDITY OF THE AGREEMENT
By installing, copying, or otherwise using the Licensed Software,
Licensee agrees to be bound by the terms of this Agreement. If
Licensee does not agree to the terms of this Agreement, Licensee may
not install, copy, or otherwise use the Licensed Software. Upon
Licensee's acceptance of the terms and conditions of this Agreement,
Tsert Inc. grants Licensee the right to use the Licensed Software in the
manner provided below.
6. NO ASSIGNMENT.
Licensee shall not be entitled to assign or transfer all or any of
its rights, benefits and obligations under this Agreement without
the prior written consent of Tsert Inc., which shall not be unreasonably
withheld.
7. VIRTUAL CLUBS.
This license agreement only allows the licensee, with regards to the
creation and managment of virtual clubs, to only create and manage virtual
clubs in a peer-top-peer setup, or as a sales tool for the licensee's sale
portal. The agreement does not allow the licensee, to setup a web-based
service to create and manage virtual clubs, in any other context than the
peer-to-peer or sales portal context. Furthermore, the same restrictions
apply to the use of commercials, using a reminder like message on any
desktop running the software, whether or not, the software is running in
a virtual club setup. The licensee also grants Tsert Inc. the right to
advertise, with commercials, using a reminder like message, on any of
their desktop running the software, or to include the licensee in virtual
clubs, created by Tsert Inc..
8. TRADEMARKS and LOGOS.
No right, title or interest in or to any trademark, service mark, logo, or
trade name of Tsert Inc. or its licensors is granted under this Agreement.
You acknowledge and agree that, as between you and Tsert Inc., Tsert Inc.
owns the TSERT INC., BREEZE::OS, KODIAK, KATMAI, MEME, PUMA, MACH, GRADE,
and BREEZE:OS DESKTOP trademarks and all TSERT INC. and BREEZE:OS related
trademarks, service marks, logos and other brand designations ("Tsert Inc.
Marks"), and you agree to comply with the restrictions stated in this
section.
9. LIMITED WARRANTY.
If you received the Software directly from Tsert Inc. or its authorized
resellers, Tsert Inc. warrants to you that for a period of 90 days from
delivery to you, the media on which Software is furnished (if any) will
be free of defects in materials and workmanship under normal use.
Except for the foregoing, Software is provided "AS IS". Your exclusive
remedy and Tsert Inc.'s entire liability under this limited warranty will
be replacement of the Software media. This limited warranty gives you
specific legal rights. You may have others, which vary from state to
state, province to province.
10. DISCLAIMER OF WARRANTY.
UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD
TO BE LEGALLY INVALID.
11. LIMITATION OF LIABILITY.
IN NO EVENT WILL TSERT INC. OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION
WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING LOSS OF PROFITS, USE,
DATA, OR OTHER ECONOMIC ADVANTAGE), NO MATTER WHAT THEORY OF LIABILITY,
EVEN IF TSERT INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event will Tsert Inc.'s liability to you, whether in contract, tort
(including negligence), or otherwise, exceed the amount paid by you for
the Software under this Agreement. The foregoing limitations will apply
even if the above stated warranty fails of its essential purpose.
Some states do not allow the exclusion of incidental or consequential
damages, so some of the terms above may not be applicable to you.
12. THIRD PARTY SOFTWARE.
The Licensed Software may provide links to third party libraries or
code (collectively "Third Party Software") to implement various
functions. Third Party Software does not comprise part of the
Licensed Software. In some cases, access to Third Party Software may
be included along with the Licensed Software delivery as a convenience
for development and testing only. Such source code and libraries may
be listed in the ".../src/3rdparty" source tree delivered with the
Licensed Software or documented in the Licensed Software where the
Third Party Software is used, as may be amended from time to time, do
not comprise the Licensed Software. Licensee acknowledges (1) that
some part of Third Party Software may require additional licensing of
copyright and patents from the owners of such, and (2) that
distribution of any of the Licensed Software referencing any portion
of a Third Party Software may require appropriate licensing from such
third parties.
13. TERMINATION.
This Agreement is effective until it is terminated.
You may terminate this Agreement at any time by ceasing usage or
distribution of the Software. This Agreement will terminate
immediately without notice from Tsert Inc. if you fail to comply
with any material provision herein. Either party may terminate
this Agreement immediately should any Software become, or in either
party's opinion be likely to become, the subject of a claim of
infringement of any intellectual property right. Upon termination,
you must destroy all copies and cease copying and distribution of
the Software. All of your obligations and any applicable limitations
on your rights and remedies under this Agreement shall survive
termination.
14. TECHNICAL SUPPORT.
Tsert Inc. has no obligation to furnish Licensee with any technical
support whatsoever. Any such support is subject to separate agreement
between the Parties.
15. SOURCE CODE.
Software may contain source code that, unless expressly licensed for
other purposes, is provided solely for reference purposes pursuant
to the terms of this Agreement.
Source code may not be redistributed unless expressly provided for
in this Agreement.
16. EXPORT REGULATIONS.
All Software and technical data delivered under this Agreement are subject
to US/Canada export control laws and may be subject to export or import
regulations in other countries.
You acknowledge that you have the responsibility to obtain such
licenses to export, re-export, or import as may be required after
delivery to you, under a distribution agreement.
17. MISCELLANEOUS.
Any action related to this Agreement will be governed
by and controlling U.S. federal law. No choice of law rules of any
jurisdiction will apply. If any provision of this Agreement is held
to be unenforceable, this Agreement will remain in effect upon the
parties' agreement to revised terms that most nearly accomplish the
same effect.
This Agreement is the entire agreement between you and Tsert Inc. relating
to its subject matter. It supersedes all prior or contemporaneous
oral or written communications, proposals, representations and
warranties and prevails over any conflicting or additional terms
of any quote, order, acknowledgment, or other communication between
the parties relating to its subject matter during the term of this
Agreement. No modification of this Agreement will be binding, unless
in writing and signed by an authorized representative of each party.
For inquiries please:
See http://www.breezeos.com, or
http://www.glyph.cloud, or
http://www.tsert.com, or email contact@tsert.com
