Operating System Distributor License for BREEZE-Desktop v0.9.0 │ │ Operating System Distributor License for BREEZE-Desktop version 0.9.0 │ │ TSERT.COM IS WILLING TO LICENSE THE BREEZE-DESKTOP KODIAK.LIGHT EDITION │ ("BREEZE-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.Com, and any user │ manuals, programming guides and other documentation provided to you │ by Tsert.Com under this Agreement, and any subsequent versions that │ Tsert.Com 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 PI-Desktop technology applets │ daemons, and applications intended to run on the Breeze::OS Kodiak.light │ Edition (PI-Desktop Kodiak.light) platform. │ │ │ 2. LICENSE GRANT. │ Subject to the terms and conditions of this Agreement, as well as │ the restrictions and exceptions set forth below, Tsert.Com 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.Com 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 sub-packages that are in any │ way identified as "breeze-desktop", "breeze-desktop plugins", │ "breeze-desktop daemons", "breeze-desktop applications", or similar │ convention as specified by Tsert.Com 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.Com regarding the Licensed Software, │ Tsert.Com 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.Com and its Affiliates, a worldwide, perpetual, non-transferable, │ sub-licensable, 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.Com │ containing Feedback,, and (iii) sub-license all the foregoing rights to │ third party licensees and customers of Tsert.Com 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.Com 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.Com, which shall not be unreasonably │ withheld. │ │ │ 7. VIRTUAL CLUBS. │ This license agreement only allows the licensee, with │ regards to the creation and management 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.Com 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.Com. │ │ │ 8. TRADEMARKS and LOGOS. │ No right, title or interest in or to any trademark, service mark, │ logo or trade name of Tsert.Com or its licensors is granted under │ this Agreement. You acknowledge and agree that, as between you and │ Tsert.Com, Tsert.Com owns the TSERT.COM, BREEZE::OS, KODIAK, KATMAI, │ and BREEZE-DESKTOP trademarks and all TSERT.COM and BREEZE-DESKTOP │ related trademarks, service marks, logos and other brand designations │ ("Tsert.Com Marks"), and you agree to comply with the restrictions │ stated in this section. │ │ │ 9. LIMITED WARRANTY. │ If you received the Software directly from Tsert.Com │ or its authorized resellers, Tsert.Com warrants to you that for a period │ of ninety (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.Com'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.COM 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.COM │ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event │ will Tsert.Com'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.Com 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.Com 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.Com 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.tsert.com, or email sales@tsert.com │