END-USER LICENSE AGREEMENT (EULA)
This agreement governs the download, installation or use of the Software (as defined below) and any updates to the Software, regardless of the delivery mechanism including but not limited to ClearCenter's ClearSDN, ClearFoundation website or other approved websites. The Software is a collective work under New Zealand Copyright Law. Subject to the following terms, ClearFoundation grants to the user ("User") a license to this collective work pursuant to the GNU General Public License version 2 (GPLv2) or later versions, and other licenses as is necessary to meet the licensing terms of component source code. By downloading, installing or using the Software, User agrees to the terms of this agreement.
1. THE SOFTWARE:
ClearOS (the "Software") is a modular Linux operating system consisting of hundreds of software components. The end user license agreement for each component is located in the component's source code. With the exception of certain image files containing the ClearOS trademark identified in Section 2 below, the license terms for the components permit User to copy and redistribute the component. With the potential exception of certain firmware files (denoted in the License field of the RPM packaging), the license terms for the components permit User to copy, modify and redistribute the component, in both source code and binary code forms. This agreement does not limit User's rights under, or grant User rights that supersede, the license terms of any particular component.
2. INTELLECTUAL PROPERTY RIGHTS:
The Software and each of its components that have been developed by the ClearFoundation and/or its contributors, including the source code, documentation, appearance, structure and organization are copyrighted by the ClearFoundation, Point Clark Networks Limited and others and are protected under copyright and other laws. Title to the Software and any component, or to any copy, modification, or merged portion shall remain with the aforementioned, subject to the applicable license. The "ClearOS" trademark is a trademark of ClearFoundation. ("ClearFoundation") in New Zealand and other countries and is used by permission. This agreement permits User to distribute unmodified copies of Software using the ClearOS trademark on the condition that User follows the ClearFoundation trademark guidelines located at http://clearfoundation.com. User must abide by these trademark guidelines when distributing the Software, regardless of whether the Software has been modified. If User modifies the Software, then User must replace all images containing the "ClearOS" trademark. Those images are in the ClearOS-logos package.
3. LIMITED WARRANTY.
Except as specifically stated in this agreement or a license for a particular component, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE AND THE COMPONENTS ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. The ClearFoundation does NOT warrant that the functions contained in the Software will meet User's requirements or that the operation of the Software will be entirely error free or appear precisely as described in the accompanying documentation. USE OF THE SOFTWARE IS AT USER'S OWN RISK.
4. LIMITATION OF REMEDIES AND LIABILITY:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CLEARFOUNDATION OR CLEARCENTER, CORP. WILL NOT BE LIABLE TO USER FOR ANY DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST SAVINGS ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF CLEARCENTER, CORP. OR CLEARFOUNDATION, CORP, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. EXPORT CONTROL:
As required and prohibited under the New Zealand's Customs and Excise Act 1996, User represents and warrants that it: (a) understands that the Software is subject to export controls; (b) is not located in a prohibited destination country under the New Zealand's Customs and Excise Act 1996 sanctions regulations (currently Cuba, Iran, Iraq, North Korea, Sudan and Syria); (c) will not export, re-export, or transfer the Software to any prohibited destination, entity, or individual without the necessary export license(s) or authorizations(s); (d) will not use or transfer the Software for use in any sensitive nuclear, chemical or biological weapons, or missile technology end-uses; (e), submit semi-annual reports to the ClearFoundation, which include the name and address (including country) of each transferee; and (f) understands that countries other than the New Zealand may restrict the import, use, or export of encryption products and that it shall be solely responsible for compliance with any such import, use, or export restrictions.
If any provision of this agreement is held to be unenforceable, that shall not affect the enforceability of the remaining provisions. This agreement shall be governed by the laws of New Zealand, without regard to any conflict of laws provisions, except that the United Nations Convention on the International Sale of Goods shall not apply.
Copyright (C) 2000-2012 ClearFoundation. All rights reserved. "ClearOS" is a trademark of the ClearFoundation. ClearSDN is a trademark of ClearCenter, Corp. "Linux" is a registered trademark of Linus Torvalds. All other trademarks are the property of their respective owners.