[gentoo-commits] repo/gentoo:master commit in: licenses/

["Thomas Deutschmann" <whissi@gentoo.org>]

commit:     1814628d11e9b45e34403018cb592a9c5b51f709
Author:     Thomas Deutschmann <whissi <AT> gentoo <DOT> org>
AuthorDate: Fri Aug 12 18:54:13 2016 +0000
Commit:     Thomas Deutschmann <whissi <AT> gentoo <DOT> org>
CommitDate: Fri Aug 12 19:33:10 2016 +0000
URL:        https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=1814628d

licenses: Add Hewlett Packard Enterprise (HPE) End User License Agreement

Taken from [1].

[1] https://ftp.hp.com/pub/softlib2/software1/doc/p1796552785/v113125/eula-en.html

 licenses/hpe | 202 +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
 1 file changed, 202 insertions(+)

diff --git a/licenses/hpe b/licenses/hpe
new file mode 100644
index 0000000..cbca4e6
--- /dev/null
+++ b/licenses/hpe
@@ -0,0 +1,202 @@
+HPE End User License Agreement – Enterprise Version
+
+1. Applicability. This end user license agreement (the "Agreement") governs
+   the use of accompanying software, unless it is subject to a separate
+   agreement between you and Hewlett Packard Enterprise Company and its
+   subsidiaries (“HPE”). By downloading, copying, or using the software you
+   agree to this Agreement. HPE provides translations of this Agreement in
+   certain languages other than English, which may be found at:
+   http://www.hpe.com/software/SWLicensing.
+
+2. Terms. This Agreement includes supporting material accompanying the
+   software or referenced by HPE, which may be software license
+   information, additional license authorizations, software specifications,
+   published warranties, supplier terms, open source software licenses and
+   similar content ("Supporting Material"). Additional license
+   authorizations are at: http://www.hpe.com/software/SWLicensing.
+
+3. Authorization. If you agree to this Agreement on behalf of another
+   person or entity, you warrant you have authority to do so.
+
+4. Consumer Rights. If you obtained software as a consumer, nothing in this
+   Agreement affects your statutory rights.
+
+5. Electronic Delivery. HPE may elect to deliver software and related
+   software product or license information by electronic transmission or
+   download.
+
+6. License Grant. If you abide by this Agreement, HPE grants you a
+   non-exclusive non-transferable license to use one copy of the version or
+   release of the accompanying software for your internal purposes only,
+   and is subject to any specific software licensing information that is in
+   the software product or its Supporting Material.
+
+Your use is subject to the following restrictions, unless specifically
+allowed in Supporting Material:
+
+  * You may not use software to provide services to third parties.
+
+  * You may not make copies and distribute, resell or sublicense software
+    to third parties.
+
+  * You may not download and use patches, enhancements, bug fixes, or
+    similar updates unless you have a license to the underlying software.
+    However, such license doesn't automatically give you a right to receive
+    such updates and HPE reserves the right to make such updates only
+    available to customers with support contracts.
+
+  * You may not copy software or make it available on a public or external
+    distributed network.
+
+  * You may not allow access on an intranet unless it is restricted to
+    authorized users.
+
+  * You may make one copy of the software for archival purposes or when it
+    is an essential step in authorized use.
+
+  * You may not modify, reverse engineer, disassemble, decrypt, decompile
+    or make derivative works of software. If you have a mandatory right to
+    do so under statute, you must inform HPE in writing about such
+    modifications.
+
+7. Remote Monitoring. Some software may require keys or other technical
+   protection measures and HPE may monitor your compliance with the
+   Agreement, remotely or otherwise. If HPE makes a license management
+   program for recording and reporting license usage information, you will
+   use such program no later than 180 days from the date it's made
+   available.
+
+8. Ownership. No transfer of ownership of any intellectual property will
+   occur under this Agreement.
+
+9. Copyright Notices. You must reproduce copyright notices on software and
+   documentation for authorized copies.
+
+10. Operating Systems. Operating system software may only be used on
+    approved hardware and configurations.
+
+11. 90-day Limited Warranty for HPE Software.
+
+  * HPE-branded software materially conforms to its specifications, if any,
+    and is free of malware at the time of delivery; if you notify HPE
+    within 90 days of delivery of non-conformance to this warranty, HPE
+    will replace your copy. This Agreement states all remedies for warranty
+    claims.
+
+  * HPE does not warrant that the operation of software will be
+    uninterrupted or error free, or that software will operate in hardware
+    and software combinations other than as authorized by HPE in Supporting
+    Material. To the extent permitted by law, HPE disclaims all other
+    warranties.
+
+12. Intellectual Property Rights Infringement. HPE will defend and/or
+    settle any claims against you that allege that HPE-branded software as
+    supplied under this Agreement infringes the intellectual property
+    rights of a third party. HPE will rely on your prompt notification of
+    the claim and cooperation with our defense. HPE may modify the software
+    so as to be non-infringing and materially equivalent, or we may procure
+    a license. If these options are not available, we will refund to you
+    the amount paid for the affected product in the first year or the
+    depreciated value thereafter. HPE is not responsible for claims
+    resulting from any unauthorized use of the software.
+
+13. Limitation of Liability. HPE's liability to you under this Agreement is
+    limited to the amount actually paid by you to HPE for the relevant
+    software, except for amounts in Section 12 ("Intellectual Property
+    Rights Infringement"). Neither you nor HPE will be liable for lost
+    revenues or profits, downtime costs, loss or damage to data or
+    indirect, special or consequential costs or damages. This provision
+    does not limit either party's liability for: unauthorized use of
+    intellectual property, death or bodily injury caused by their
+    negligence; acts of fraud; willful repudiation of the Agreement; or any
+    liability that may not be excluded or limited by applicable law.
+
+14. Termination. This Agreement is effective until terminated or in the
+    case of a limited-term license, upon expiration; however, your rights
+    under this Agreement terminate if you fail to comply with it.
+    Immediately upon termination or expiration, you will destroy the
+    software and documentation and any copies, or return them to HPE. You
+    may keep one copy of software and documentation for archival purposes.
+    We may ask you to certify in writing you have complied with this
+    section. Warranty disclaimers, the limitation of liability, this
+    section on termination, and Section 15 ("General") will survive
+    termination.
+
+15. General.
+
+  a. Assignment. You may not assign this Agreement without prior written
+     consent of HPE, payment of transfer fees and compliance with HPE's
+     software license transfer policies. Authorized assignments will
+     terminate your license to the software and you must deliver software
+     and documentation and copies thereof to the assignee. The assignee
+     will agree in writing to this Agreement. You may only transfer
+     firmware if you transfer associated hardware.
+
+  b. U.S. Government. If the software is licensed to you for use in the
+     performance of a U.S. Government prime contract or subcontract, you
+     agree that, consistent with FAR 12.211 and 12.212, commercial computer
+     software, computer software documentation and technical data for
+     commercial items are licensed under HPE's standard commercial license.
+
+  c. Global Trade Compliance. You agree to comply with the trade-related
+     laws and regulations of the U.S. and other national governments. If
+     you export, import or otherwise transfer products provided under this
+     Agreement, you will be responsible for obtaining any required export
+     or import authorizations. You confirm that you are not located in a
+     country that is subject to trade control sanctions (currently Cuba,
+     Iran, N. Korea, N. Sudan, and Syria) and further agree that you will
+     not retransfer the products to any such country. HPE may suspend its
+     performance under this Agreement to the extent required by laws
+     applicable to either party.
+
+  d. Audit. HPE may audit you for compliance with the software license
+     terms. Upon reasonable notice, HPE may conduct an audit during normal
+     business hours (with the auditor's costs being at HPE's expense). If
+     an audit reveals underpayments then you will pay to HPE such
+     underpayments. If underpayments discovered exceed five (5) percent,
+     you will reimburse HPE for the auditor costs.
+
+  e. Open Source Components. To the extent the Supporting Material includes
+     open source licenses, such licenses shall control over this Agreement
+     with respect to the particular open source component. To the extent
+     Supporting Material includes the GNU General Public License or the
+     GNU Lesser General Public License: (a) the software includes a copy of
+     the source code; or (b) if you downloaded the software from a website,
+     a copy of the source code is available on the same website; or (c) if
+     you send HPE written notice, HPE will send you a copy of the source
+     code for a reasonable fee.
+
+  f. Notices. Written notices under this Agreement may be provided to HPE
+     via the method provided in the Supporting Material.
+
+  g. Governing Law. This Agreement will be governed by the laws of the
+     state of California, U.S.A., excluding rules as to choice and conflict
+     of law. You and HPE agree that the United Nations Convention on
+     Contracts for the International Sale of Goods will not apply.
+
+  h. Force Majeure. Neither party will be liable for performance delays nor
+     for non-performance due to causes beyond its reasonable control,
+     except for payment obligations.
+
+  i. Entire Agreement. This Agreement represents our entire understanding
+     with respect to its subject matter and supersedes any previous
+     communication or agreements that may exist. Modifications to the
+     Agreement will be made only through a written amendment signed by both
+     parties. If HPE doesn't exercise its rights under this Agreement, such
+     delay is not a waiver of its rights.
+
+16. Australian Consumers. If you acquired the software as a consumer within
+    the meaning of the 'Australian Consumer Law' under the Australian
+    Competition and Consumer Act 2010 (Cth) then despite any other
+    provision of this Agreement, the terms at this URL apply:
+    http://www.hpe.com/software/SWLicensing.
+
+17. Russian Consumers. If you are based in the Russian Federation and the
+    rights to use the software are provided to you under a separate license
+    and/or sublicense agreement concluded between you and a duly authorized
+    HPE partner, then this Agreement shall not be applicable.
+
+HPE End User License Agreement – Enterprise Version
+
+5012-3777 v1.5, 2016 
+© Copyright 2015 Hewlett Packard Enterprise Development LP