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diff --git a/cpukit/httpd/license.txt b/cpukit/httpd/license.txt deleted file mode 100644 index 1fa9e67e79..0000000000 --- a/cpukit/httpd/license.txt +++ /dev/null @@ -1,282 +0,0 @@ -License Agreement - -THIS LICENSE ALLOWS ONLY THE LIMITED USE OF GO AHEAD SOFTWARE, -INC. PROPRIETARY CODE. PLEASE CAREFULLY READ THIS AGREEMENT AS IT -PERTAINS TO THIS LICENSE, YOU CERTIFY THAT YOU WILL USE THE SOFTWARE -ONLY IN THE MANNER PERMITTED HEREIN. - -1. Definitions. - -1.1 "Documentation" means any documentation GoAhead includes with the -Original Code. - -1.2 "GoAhead" means Go Ahead Software, Inc. - -1.3 "Intellectual Property Rights" means all rights, whether now existing -or hereinafter acquired, in and to trade secrets, patents, copyrights, -trademarks, know-how, as well as moral rights and similar rights of any -type under the laws of any governmental authority, domestic or foreign, -including rights in and to all applications and registrations relating -to any of the foregoing. - -1.4 "License" or "Agreement" means this document. - -1.5 "Modifications" means any addition to or deletion from the substance -or structure of either the Original Code or any previous Modifications. - -1.6 "Original Code" means the Source Code to GoAhead’s proprietary -computer software entitled GoAhead WebServer. - -1.7 "Response Header" means the first portion of the response message -output by the GoAhead WebServer, containing but not limited to, header -fields for date, content-type, server identification and cache control. - -1.8 "Server Identification Field" means the field in the Response Header -which contains the text "Server: GoAhead-Webs". - -1.9 "You" means an individual or a legal entity exercising rights under, -and complying with all of the terms of, this license or a future version -of this license. For legal entities, "You" includes any entity which -controls, is controlled by, or is under common control with You. For -purposes of this definition, "control" means (a) the power, direct or -indirect, to cause the direction or management of such entity, whether -by contract or otherwise, or (b) ownership of fifty percent (50%) or -more of the outstanding shares or beneficial ownership of such entity. - -2. Source Code License. - -2.1 Limited Source Code Grant. - -GoAhead hereby grants You a world-wide, royalty-free, non-exclusive -license, subject to third party intellectual property claims, to use, -reproduce, modify, copy and distribute the Original Code. - -2.2 Binary Code. - -GoAhead hereby grants You a world-wide, royalty-free, non-exclusive -license to copy and distribute the binary code versions of the Original -Code together with Your Modifications. - -2.3 License Back to GoAhead. - -You hereby grant in both source code and binary code to GoAhead a -world-wide, royalty-free, non-exclusive license to copy, modify, display, -use and sublicense any Modifications You make that are distributed or -planned for distribution. Within 30 days of either such event, You -agree to ship to GoAhead a file containing the Modifications (in a media -to be determined by the parties), including any programmers’ notes and -other programmers’ materials. Additionally, You will provide to GoAhead -a complete description of the product, the product code or model number, -the date on which the product is initially shipped, and a contact name, -phone number and e-mail address for future correspondence. GoAhead will -keep confidential all data specifically marked as such. - -2.4 Restrictions on Use. - -You may sublicense Modifications to third parties such as subcontractors -or OEM's provided that You enter into license agreements with such third -parties that bind such third parties to all the obligations under this -Agreement applicable to you and that are otherwise substantially similar -in scope and application to this Agreement. - -3. Term. - -This Agreement and license are effective from the time You accept the -terms of this Agreement until this Agreement is terminated. You may -terminate this Agreement at any time by uninstalling or destroying -all copies of the Original Code including any and all binary versions -and removing any Modifications to the Original Code existing in any -products. This Agreement will terminate immediately and without further -notice if You fail to comply with any provision of this Agreement. All -restrictions on use, and all other provisions that may reasonably -be interpreted to survive termination of this Agreement, will survive -termination of this Agreement for any reason. Upon termination, You agree -to uninstall or destroy all copies of the Original Code, Modifications, -and Documentation. - -4. Trademarks and Brand. - -4.1 License and Use. - -GoAhead hereby grants to You a limited world-wide, royalty-free, -non-exclusive license to use the GoAhead trade names, trademarks, logos, -service marks and product designations posted in Exhibit A (collectively, -the "GoAhead Marks") in connection with the activities by You under this -Agreement. Additionally, GoAhead grants You a license under the terms -above to such GoAhead trademarks as shall be identified at a URL (the -"URL") provided by GoAhead. The use by You of GoAhead Marks shall be in -accordance with GoAhead’s trademark policies regarding trademark usage -as established at the web site designated by the URL, or as otherwise -communicated to You by GoAhead at its sole discretion. You understand and -agree that any use of GoAhead Marks in connection with this Agreement -shall not create any right, title or interest in or to such GoAhead -Marks and that all such use and goodwill associated with GoAhead Marks -will inure to the benefit of GoAhead. - -4.2 Promotion by You of GoAhead WebServer Mark. - -In consideration for the licenses granted by GoAhead to You herein, You -agree to notify GoAhead when You incorporate the GoAhead WebServer in -Your product and to inform GoAhead when such product begins to ship. You -agree to promote the Original Code by prominently and visibly displaying -a graphic of the GoAhead WebServer mark on the initial web page of Your -product that is displayed each time a user connects to it. You also agree -that GoAhead may identify your company as a user of the GoAhead WebServer -in conjunction with its own marketing efforts. You may further promote -the Original Code by displaying the GoAhead WebServer mark in marketing -and promotional materials such as the home page of your web site or web -pages promoting the product. - -4.3 Placement of Copyright Notice by You. - -You agree to include copies of the following notice (the "Notice") -regarding proprietary rights in all copies of the products that You -distribute, as follows: (i) embedded in the object code; and (ii) on -the title pages of all documentation. Furthermore, You agree to use -commercially reasonable efforts to cause any licensees of your products -to embed the Notice in object code and on the title pages or relevant -documentation. The Notice is as follows: Copyright (c) 20xx GoAhead -Software, Inc. All Rights Reserved. Unless GoAhead otherwise instructs, -the year 20xx is to be replaced with the year during which the release of -the Original Code containing the notice is issued by GoAhead. If this year -is not supplied with Documentation, GoAhead will supply it upon request. - -4.4 No Modifications to Server Identification Field. - -You agree not to remove or modify the Server identification Field -contained in the Response Header as defined in Section 1.6 and 1.7. - -5. Warranty Disclaimers. - -THE ORIGINAL CODE, THE DOCUMENTATION AND THE MEDIA UPON WHICH THE ORIGINAL -CODE IS RECORDED (IF ANY) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF -ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, -THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR -PURPOSE. - -The entire risk as to the quality and performance of the Original Code -(including any Modifications You make) and the Documentation is with -You. Should the Original Code or the Documentation prove defective, -You (and not GoAhead or its distributors, licensors or dealers) assume -the entire cost of all necessary servicing or repair. GoAhead does not -warrant that the functions contained in the Original Code will meet your -requirements or operate in the combination that You may select for use, -that the operation of the Original Code will be uninterrupted or error -free, or that defects in the Original Code will be corrected. No oral -or written statement by GoAhead or by a representative of GoAhead shall -create a warranty or increase the scope of this warranty. - -GOAHEAD DOES NOT WARRANT THE ORIGINAL CODE AGAINST INFRINGEMENT OR THE -LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK -OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT -THAT THE ORIGINAL CODE DOES NOT INCLUDE ANY VIRUS, SOFTWARE ROUTINE -OR OTHER SOFTWARE DESIGNED TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE, -ERASE OR OTHERWISE HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY -OTHER SUCH ACTIONS. - -Any warranties that by law survive the foregoing disclaimers shall -terminate ninety (90) days from the date You received the Original Code. - -6. Limitation of Liability. - -YOUR SOLE REMEDIES AND GOAHEAD'S ENTIRE LIABILITY ARE SET FORTH ABOVE. IN -NO EVENT WILL GOAHEAD OR ITS DISTRIBUTORS OR DEALERS BE LIABLE FOR -DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM -THE USE OF THE ORIGINAL CODE, THE INABILITY TO USE THE ORIGINAL CODE, -OR ANY DEFECT IN THE ORIGINAL CODE, INCLUDING ANY LOST PROFITS, EVEN IF -THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. - -You agree that GoAhead and its distributors and dealers will not be -LIABLE for defense or indemnity with respect to any claim against You -by any third party arising from your possession or use of the Original -Code or the Documentation. - -In no event will GoAhead’s total liability to You for all damages, losses, -and causes of action (whether in contract, tort, including negligence, -or otherwise) exceed the amount You paid for this product. - -SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY -LASTS, AND SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION -OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR -EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL -RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. - -7. Indemnification by You. - -You agree to indemnify and hold GoAhead harmless against any and all -claims, losses, damages and costs (including legal expenses and reasonable -counsel fees) arising out of any claim of a third party with respect to -the contents of the Your products, and any intellectual property rights -or other rights or interests related thereto. - -8. High Risk Activities. - -The Original Code is not fault-tolerant and is not designed , manufactured -or intended for use or resale as online control equipment in hazardous -environments requiring fail-safe performance, such as in the operation -of nuclear facilities, aircraft navigation or communication systems, -air traffic control, direct life support machines or weapons systems, -in which the failure of the Original Code could lead directly to death, -personal injury, or severe physical or environmental damage. GoAhead and -its suppliers specifically disclaim any express or implied warranty of -fitness for any high risk uses listed above. - -9. Government Restricted Rights. - -For units of the Department of Defense, use, duplication, or disclosure -by the Government is subject to restrictions as set forth in subparagraph -(c)(1)(ii) of the Rights in Technical Data and Computer Software clause -at DFARS 252.227-7013. Contractor/manufacturer is GoAhead Software, -Inc., 10900 N.E. 8th Street, Suite 750, Bellevue, Washington 98004. - -If the Commercial Computer Software Restricted rights clause at FAR -52.227-19 or its successors apply, the Software and Documentation -constitute restricted computer software as defined in that clause and -the Government shall not have the license for published software set -forth in subparagraph (c)(3) of that clause. - -The Original Code (i) was developed at private expense, and no part of it -was developed with governmental funds; (ii) is a trade secret of GoAhead -(or its licensor(s)) for all purposes of the Freedom of Information Act; -(iii) is "restricted computer software" subject to limited utilization as -provided in the contract between the vendor and the governmental entity; -and (iv) in all respects is proprietary data belonging solely to GoAhead -(or its licensor(s)). - -10. Governing Law and Interpretation. - -This Agreement shall be interpreted under and governed by the laws of the -State of Washington, without regard to its rules governing the conflict of -laws. If any provision of this Agreement is held illegal or unenforceable -by a court or tribunal of competent jurisdiction, the remaining provisions -of this Agreement shall remain in effect and the invalid provision deemed -modified to the least degree necessary to remedy such invalidity. - -11. Entire Agreement. - -This Agreement is the complete agreement between GoAhead and You and -supersedes all prior agreements, oral or written, with respect to the -subject matter hereof. - -If You have any questions concerning this Agreement, You may write to -GoAhead Software, Inc., 10900 N.E. 8th Street, Suite 750, Bellevue, -Washington 98004 or send e-mail to info@goahead.com. - -BY CLICKING ON THE "Register" BUTTON ON THE REGISTRATION FORM, YOU -ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET -FORTH IN THIS AGREEMENT. IF YOU DO NOT WISH TO ACCEPT THIS LICENSE OR -YOU DO NOT QUALIFY FOR A LICENSE BASED ON THE TERMS SET FORTH ABOVE, -YOU MUST NOT CLICK THE "Register" BUTTON. - -Exhibit A - -GoAhead Trademarks, Logos, and Product Designation Information - - - - -01/28/00 - - - - |