[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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