[pve-devel] r6190 - pve-installer/pve2
svn-commits at proxmox.com
svn-commits at proxmox.com
Tue Jun 28 10:26:01 CEST 2011
Author: dietmar
Date: 2011-06-28 10:26:01 +0200 (Tue, 28 Jun 2011)
New Revision: 6190
Modified:
pve-installer/pve2/copyright
Log:
remove kaspersky license terms
Modified: pve-installer/pve2/copyright
===================================================================
--- pve-installer/pve2/copyright 2011-06-28 08:02:43 UTC (rev 6189)
+++ pve-installer/pve2/copyright 2011-06-28 08:26:01 UTC (rev 6190)
@@ -209,265 +209,4 @@
Other. The application of the United Nations Convention of Contracts
for the International Sale of Goods is expressly excluded.
-(c) 2005 Proxmox Server Solutions GmbH, All Rights
-Reserved. 01/04/05
-
-___________________________________________________________________
-
-Kaspersky Lab End User License Agreement
-
-
-NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT
-("AGREEMENT"), FOR THE LICENCE OF SPECIFIED SOFTWARE ("SOFTWARE")
-PRODUCED BY KASPERSKY LAB ("KASPERSKY LAB"). IF YOU HAVE PURCHASED THIS
-SOFTWARE VIA INTERNET BY CLICKING THE ACCEPT BUTTON, YOU (EITHER AN
-INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A
-PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF
-THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT
-THE TERMS OF THIS AGREEMENT AND DO NOT INSTALL THE SOFTWARE. IF YOU
-HAVE PURCHASED THIS SOFTWARE ON A PHYSICAL MEDIUM, HAVING BROKEN THE
-CD'S SLEEVE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) ARE
-CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL
-OF THE TERMS OF THIS AGREEMENT DO NOT BREAK THE CD's SLEEVE, DOWNLOAD,
-INSTALL OR USE THIS SOFTWARE. YOU MAY RETURN THIS SOFTWARE FOR A FULL
-REFUND. YOUR RIGHT TO RETURN AND REFUND EXPIRES 30 DAYS AFTER PURCHASE
-FROM AN AUTHORISED KASPERSKY LAB DISTRIBUTOR OR RESELLER. THE RIGHT TO
-RETURN AND REFUND EXTENDS ONLY TO THE ORIGINAL PURCHASER. All
-references to "Software" herein shall be deemed to include the software
-activation key ("Key Identification File") with which you will be
-provided by Kaspersky Lab as part of the Software.
-
-1. Licence Grant. Subject to the payment of the applicable
-licence fees, and subject to the terms and conditions of this
-Agreement, Kaspersky Lab hereby grants to you a non-exclusive, non-
-transferable right to use one copy of the specified version of the
-Software and the accompanying documentation (the "Documentation") for
-the term of this Agreement solely for your own internal business
-purposes. You may install one copy of the Software on one computer,
-workstation, personal digital assistant, or other electronic device for
-which the Software was designed (each, a "Client Device"). If the
-Software is licensed as a suite or bundle with more than one specified
-Software produce, this licence applies to all such specified Software
-products, subject to any restrictions or usage terms specified on the
-applicable price list or product packaging that apply to any of such
-Software products individually.
-
-1.1 Use. The Software is licensed as a single product; it may not
-be used on more than one Client Device or by more than one user at a
-time, except as set forth in this Section.
-
-1.1.1 The Software is "in use" on a Client Device when it is loaded
-into the temporary memory (i.e., random-access memory or RAM) or
-installed into the permanent memory (e.g., hard disk, CD-ROM, or other
-storage device) of that Client Device. This licence authorizes you to
-make only as many back-up copies of the Software as are necessary for
-its lawful use and solely for back-up purposes, provided that all such
-copies contain all of the Software's proprietary notices. You will
-maintain records of the number and location of all copies of the
-Software and Documentation and will take all reasonable precautions to
-protect the Software from unauthorised copying or use. 1.1.2 If you
-sell the Client Device on which the Software is installed, you will
-ensure that all copies of the Software have been previously deleted.
-1.1.3 You shall not decompile, reverse engineer, disassemble or
-otherwise reduce any party of this Software to human readable form nor
-permit any third party to do so. The interface information necessary
-to achieve interoperability of the Software with independently created
-computer programs will be provided by Kaspersky Lab on request on
-payment of its reasonable costs and expenses for procuring and
-supplying such information. In the event Kaspersky Lab notifies you
-that it does not intend to make such information available for any
-reason, including (without limitation) costs, you shall be permitted to
-take such steps to achieve interoperability provided that you may only
-reverse engineer or decompile to the extent permitted by law. 1.1.4
-You shall not, nor permit any third party to copy (other than as
-expressly permitted herein), make error corrections to or otherwise
-modify, adapt or translate the Software nor create derivative works of
-the Software. 1.1.5 You shall not rent, lease or lend the Software
-to any other person, nor transfer or sub-licence your licence rights to
-any other person. 1.1.6 You shall not use this Software in automatic,
-semi- automatic or manual tools designed to create virus signatures,
-virus detection routines, any other data or code for detecting
-malicious code or data.
-
-1.2 Server-Mode Use. You may use the Software on a Client Device
-or on or as a server ("Server") within a multi-user or networked
-environment ("Server- Mode") only if such use is permitted in the
-applicable price list or product packaging for the Software. A
-separate licence is required for each Client Device or "seat" that may
-connect to the Server at any time, regardless of whether such licenced
-Client Devices or seats are concurrently connected to or actually
-accessing or using the Software. Use of software or hardware that
-reduces the number of Client Devices or seats directly accessing or
-utilizing the Software (e.g., "multiplexing" or "pooling" software or
-hardware) does not reduce the number of licences required (i.e., the
-required number of licences would equal the number of distinct inputs
-to the multiplexing or pooling software or hardware "front end"). If
-the number of Client Devices or seats that can connect to the Software
-can exceed the number of licences you have obtained, then you much have
-a reasonable mechanism in place to ensure that your use of the Software
-does not exceed the use limits specified for the licence you have
-obtained. This licence authorises you to make or download such copies
-of the Documentation for each Client Device or seat that is licensed as
-are necessary for its lawful use, provided that each such copy contains
-all of the Documentation proprietary notices.
-
-1.3 Volume Licences. If the Software is licensed with volume
-licence terms specified in the applicable product invoicing or
-packaging for the Software, you may make, use or install as many
-additional copies of the Software on the number of Client Devices as
-the volume licence terms specify. You must have reasonable mechanisms
-in place to ensure that the number of Client Devices on which the
-Software has been installed does not exceed the number of licences you
-have obtained. This licence authorizes you to make or download one
-copy of the Documentation for each additional copy authorized by the
-volume licence, provided that each such copy contains all of the
-Document's proprietary notices.
-
-2. Term. This Agreement is effective for the period specified in
-the Key File (the unique file which is required to fully enable the
-Software, please see Help/ about Software or Software about, for
-Unix/Linux version of the Software see the notification about
-expiration date of the Key File) unless and until earlier terminated as
-set forth herein. This Agreement will terminate automatically if you
-fail to comply with any of the conditions, limitations or other
-requirements described herein. Upon any termination or expiration of
-this Agreement, you must immediately destroy all copies of the Software
-and the Documentation. You may terminate this Agreement at any point
-by destroying all copies of the Software and the Documentation.
-
-3. Support. (i) Kaspersky Lab will provide you with the support
-services ("Support Services") as defined below for a period of one year
-on: (a) payment of its then current support charge; and (b)
-successful completion of the Support Services Subscription Form as
-provided to you with this Agreement or as available on the Kaspersky
-Lab website, which will require you to produce the Key Identification
-File which will have been provided to you by Kaspersky Lab with this
-Agreement. It shall be in the absolute discretion of Kaspersky Lab
-whether or not you have satisfied this condition for the provision of
-Support Services.
-
-(ii) Support Services will terminate unless renewed annually by
-payment of the then current annual support charge and by successful
-completion of the Support Services Subscription Form again.
-
-(iii) "Support Services" means: (a) Daily updates of antivirus
-databases; (b) Free software updates, including version upgrades; (c)
-Extended technical support via E-mail and hot phone-line provided by
-Vendor and/or Reseller; (d) Virus detection and curing updates in
-24-hours period.
-
-4. Ownership Rights. The Software is protected by copyright laws.
-Kaspersky Lab and its suppliers own and retain all right, title and
-interest in and to the Software, including all copyrights, patents,
-trademarks and other intellectual property rights therein. Your
-possession, installation, or use of the Software does not transfer to
-you any title to the intellectual property in the Software, and you
-will not acquire any rights to the Software except as expressly set
-forth in this Agreement.
-
-5. Confidentiality. You agree that the Software and the
-Documentation, including the specific design and structure of
-individual programs and the Key Identification File constitute
-confidential proprietary information of Kaspersky Lab. You shall not
-disclose, provide or otherwise make available such confidential
-information in any form to any third party without the prior written
-consent of Kaspersky Lab. You shall implement reasonable security
-measures to protect such confidential information, but without
-limitation to the foregoing shall use best endeavours to maintain the
-security of the Key Identification File.
-
-6. Limited Warranty. (i) Kaspersky Lab warrants that for ninety
-(90) days from first download or installation the Software will perform
-substantially in accordance with the functionality described in the
-Documentation when operated properly and in the manner specified in the
-Documentation.
-
-(ii) You accept all responsibility for the selection of this
-Software to meet your requirements. Kaspersky Lab does not warrant
-that the Software and/or the Documentation will be suitable for such
-requirements nor that any use will be uninterrupted and error free.
-
-(iii) Kaspersky Lab does not warrant that this Software identifies
-all known viruses, nor that the Software will not occasionally
-erroneously report a virus in a title not infected by that virus.
-
-(iv) Your sole remedy and the entire liability of Kaspersky Lab for
-breach of the warranty at paragraph (i) will be at Kaspersky Lab
-option, to repair, replace or refund of the Software if reported to
-Kaspersky Lab or its designee during the warranty period. You shall
-provide all information as may be reasonably necessary to assist the
-Supplier in resolving the defective item.
-
-(v) The warranty in (i) shall not apply if you (a) make or cause to
-be made any modifications to this Software without the consent of
-Kaspersky Lab, (b) use the Software in a manner for which it was not
-intended, or (c) use the Software other than as permitted under this
-Agreement.
-
-(vi) The warranties and conditions stated in this Agreement are in
-lieu of all other conditions, warranties or other terms concerning the
-supply or purported supply of, failure to supply or delay in supplying
-the Software or the Documentation which might but for this paragraph
-(vi) have effect between the Kaspersky Lab and your or would otherwise
-be implied into or incorporated into this Agreement or any collateral
-contract, whether by statute, common law or otherwise, all of which are
-hereby excluded (including, without limitation, the implied conditions,
-warranties or other terms as to satisfactory quality, fitness for
-purpose or as to the use of reasonable skill and care).
-
-7. Limitation of Liability. (i) Nothing in this Agreement shall
-exclude or limit Kaspersky Lab's liability for (i) the tort of deceit,
-(ii) death or personal injury caused by its breach of a common law duty
-of care or any negligent breach of a term of this Agreement, (iii) any
-breach of the obligations implied by s.12 Sale of Goods Act 1979 or s.2
-Supply of Goods and Services Act 1982 or (iv) any liability which
-cannot be excluded by law.
-
-(ii) Subject to paragraph (i), the Supplier shall have no liability
-(whether in contract, tort, restitution or otherwise) for any of the
-following losses or damage (whether such losses or damage were
-foreseen, foreseeable, known or otherwise): (a) Loss of revenue; (b)
-Loss of actual or anticipated profits (including for loss of profits on
-contracts); (c) Loss of the use of money; (d) Loss of anticipated
-savings; (e) Loss of business; (f) Loss of opportunity; (g)
-Loss of goodwill; (h) Loss of reputation; (i) Loss of, damage to or
-corruption of data; or (j) Any indirect or consequential loss or
-damage howsoever caused (including, for the avoidance of doubt, where
-such loss or damage is of the type specified in paragraph (ii), (a) to
-(ii), (i).
-
-(iii) Subject to paragraph (i), the Kaspersky Lab's liability
-(whether in contract, tort, restitution or otherwise) arising out of or
-in connection with the supply of the Software shall in no circumstances
-exceed a sum equal to the amount equally paid by you for the Software.
-
-8. The construction and interpretation of this Agreement shall be
-governed in accordance with the laws of England and Wales. The parties
-hereby submit to the jurisdiction of the courts of England and Wales
-save that Kaspersky Lab as claimant shall be entitled to initiate
-proceedings in any court of competent jurisdiction.
-
-9. (i) This Agreement contains the entire understanding of the
-parties with respect to the subject matter hereof and supersedes all
-and any prior understandings, undertakings and promises between you and
-Kaspersky Lab, whether oral or in writing, which have been given or may
-be implied from anything written or said in negotiations between us or
-our representatives prior to this Agreement and all prior agreements
-between the parties relating to the matters aforesaid shall cease to
-have effect as from the Effective Date. Save as provided in paragraphs
-(ii) - (iii) below, you shall not have any remedy in respect of an
-untrue statement made to you upon which you relied in entering into
-this Agreement ("Misrepresentation") and Kaspersky Lab shall not have
-any liability to the other than pursuant to the express terms of this
-Agreement.
-
-(ii) Nothing in this Agreement shall exclude or limit Kaspersky
-Lab's liability for any Misrepresentation made by it knowing that it
-was untrue.
-
-(iii) The liability of Kaspersky Lab for Misrepresentation as to a
-fundamental matter, including a matter fundamental to the maker's
-ability to perform its obligations under this Agreement, shall be
-subject to the limitation of liability set out in paragraph 7 (iii).
-
-
+(c) 2011 Proxmox Server Solutions GmbH, All Rights Reserved.
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