(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 firstname.lastname@example.org