From 933733b00782dc48645eb9ae26cf20bd716fc83d Mon Sep 17 00:00:00 2001 From: Doug MacEachern Date: Tue, 21 Sep 2004 16:44:36 +0000 Subject: [PATCH] add the license --- LICENSE | 67 +++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 67 insertions(+) create mode 100644 LICENSE diff --git a/LICENSE b/LICENSE new file mode 100644 index 00000000..c10f14ad --- /dev/null +++ b/LICENSE @@ -0,0 +1,67 @@ +USE OF THE HYPERIC SIGAR SOFTWARE ("SOFTWARE") IS PROVIDED ONLY UNDER LICENSE +FROM HYPERIC LLC ("HYPERIC"). PLEASE READ THE FOLLOWING LICENSE CAREFULLY. IF +YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE +SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS. + +1. License Terms. + +a. Personal Use. Subject to the terms of this Agreement, Hyperic grants to you +a non-exclusive, non-transferable, license to use the Software solely for +Personal Use, and solely provided that you adhere to all of the terms and +conditions of this license. + +b. Restrictions on Use. You may not reverse engineer, decompile, disassemble or +otherwise attempt to determine source code or protocols from the Software +without Hyperic's prior written consent. + +c. No Commerical Use: This License Agreement grants you the right to use the +Software for personal use only. Commercial use of the Software or of the work +products resulting from its use is not permitted under this License Agreement. + +2. Limitation of Liability. + +The Software is provided gratuitously and, therefore, Hyperic and its suppliers +shall not be liable for any direct, indirect, incidental, special, punitive or +consequential damages under any theory of liability whether in tort, contract, +strict liability or otherwise even if advised of the possibility of such +damages. + +3. Intellectual Property Ownership. + +Hyperic alone (and its licensors, where applicable) shall own all right, title +and interest, including all related Intellectual Property Rights, in and to the +Hyperic Technology, the content and any suggestions, ideas, enhancement +requests, feedback, recommendations or other information provided by you or any +other party relating to the Service. This Agreement is not a sale and does not +convey to you any rights of ownership in or related to the Software, the +Hyperic Technology or the Intellectual Property Rights owned by Hyperic. The +Hyperic name, the Hyperic logo, and the product names associated with the +Software are trademarks of Hyperic, and no right or license is granted to use +them. + +5. General. + +a. Export Compliance. You may not download or otherwise export or re-export the +Software or any underlying information or technology except in full compliance +with all United States and other applicable laws and regulations. In particular, +but without limitation, none of the Software or underlying information or +technology may be downloaded or otherwise exported or re-exported (a) into (or +to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria, or +Sudan, or (b) to anyone on the US Treasury Department's list of Specially +Designated Nationals or the US Commerce Department's Table of Denial Orders. By +licensing the Software, you are agreeing to the foregoing and you are +representing and warranting that you are not located in, under control of, or a +national or resident of any such country or on any such list. + +c. Severability. If any part of this Agreement is held to be unenforceable, +in whole or in part, such holding will not affect the validity of the other +parts of the Agreement. + +d. Governing Law and Venue. This Agreement will be governed by both the +substantive and procedural laws of California, U.S.A., excluding its conflict of +law rules. Any dispute regarding this Agreement will be heard in the state or +federal courts having jurisdiction in San Francisco, California, U.S.A. and you +agree that you shall be subject to the personal jurisdiction of such courts. + +Hyperic LLC +http://www.hyperic.net