diff options
author | V3n3RiX <venerix@redcorelinux.org> | 2018-06-30 08:49:38 +0100 |
---|---|---|
committer | V3n3RiX <venerix@redcorelinux.org> | 2018-06-30 08:49:38 +0100 |
commit | b2be182d49eea46686b5cf2680d457df61e89dc4 (patch) | |
tree | c66442ced2011c5ca81c3114cc51041e314c6d33 /licenses/ubiquiti | |
parent | e23cdda4dbb0c83b9e682ab5e916085a35203da5 (diff) |
gentoo resync : 30.06.2018
Diffstat (limited to 'licenses/ubiquiti')
-rw-r--r-- | licenses/ubiquiti | 451 |
1 files changed, 451 insertions, 0 deletions
diff --git a/licenses/ubiquiti b/licenses/ubiquiti new file mode 100644 index 000000000000..c2edeef99439 --- /dev/null +++ b/licenses/ubiquiti @@ -0,0 +1,451 @@ +End User License Agreement + + OUR EULA WAS UPDATED ON JULY 17, 2017 + + This End User License Agreement (this “EULA”) governs Your access and use + of the software (“Software”) that is embedded on any Ubiquiti Networks, + Inc. product (“Product”). + + The term “You,” “Your,” “you” or “your” as used in this EULA, means any + person or entity who accesses or uses the Software and accepts the terms + of this EULA, including any individuals that You authorize to use or + access the Software, including Your independent contractors or employees + (“Authorized Users”). For the avoidance of doubt, where the term “You,” + “Your,” “you” or “your” is used in this EULA, it shall include any + Authorized User, regardless of whether “Authorized User” is specifically + stated. + + FOR IMPORTANT DISCLAIMERS OF WARRANTY AND WARNINGS CONCERNING USAGE, SEE + SECTION V. + + YOU MUST READ AND AGREE TO THE TERMS OF THIS EULA BEFORE USING, + DOWNLOADING OR INSTALLING ANY SOFTWARE. BY USING, DOWNLOADING OR + INSTALLING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND + CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS + OF THIS EULA, YOU MAY NOT USE, DOWNLOAD OR INSTALL THE SOFTWARE. + + THE SOFTWARE MAY BE SUBJECT TO AUTOMATIC SOFTWARE UPDATES, AS DESCRIBED + FURTHER IN SECTION III, AND YOU ALSO HEREBY CONSENT TO SUCH UPDATES. If + You do not agree to such updates, You are not permitted to, and You must + not, download, install, access or use the Software. + + Ubiquiti may, in its sole and absolute discretion, change the terms of + this EULA from time to time, as indicated by the date at the end of this + EULA. If You object to any such change, Your sole recourse will be to + cease using the Software. Continued use of the Software following any such + change will indicate Your acknowledgement of such change and agreement to + be bound by the new terms and conditions. + + 1. Overview, Eligibility + + * This EULA is a binding agreement between You and Ubiquiti + Networks, Inc. (“Ubiquiti”). + * Your use of (1) websites located at [1]www.ubnt.com and ubnt.com + sub-domains and any other websites hosted by Ubiquiti or its + affiliates, (2) services accessible or downloadable through the + Sites, (3) software that may be downloaded to Your smartphone or + tablet to access services and (4) subscription services, + including services that can be accessed using the Web Apps and + Mobile Apps is governed by the [2]Terms of Service. Your + purchase of the Product (excluding the Software) is governed by + the [3]Limited Warranty. All additional guidelines, terms, or + rules on the Sites, including the [4]Privacy Policy, are + incorporated by reference into this EULA and You are agreeing to + accept and abide by them by using the Software. + * Subject to Section (I)(d), You may access and use the Software + only if You can form a binding contract with Ubiquiti and only if + You are in compliance with the terms of this EULA and all + applicable laws and regulations. If You are accepting the terms + of this EULA on behalf of an entity or individual, You represent + and warrant that You have full legal authority to bind such + entity or individual to this EULA. You are fully responsible for + any Authorized User’s compliance with this EULA. + * If You are an Authorized User, You represent and warrant that You + are over the age of 13 (or equivalent minimum age in the + jurisdiction where You reside or access or use the Software), and + in the event You are between the age of 13 (or equivalent minimum + age in the jurisdiction where you reside or access or use the + Software) and the age of majority in the jurisdiction where You + reside or access or use the Software, that You will only use the + Software under the supervision of a parent or legal guardian who + agrees to be bound by this EULA. Any use or access to the + Software by individuals under the age of 13 (or equivalent + minimum age in the jurisdiction where you reside or access or use + the Services) is strictly prohibited and a violation of this + EULA. + + 2. License. + + * License Grant. Subject to Your compliance at all times with the + terms and restrictions set forth in this EULA, Ubiquiti grants + You, under its rights in and to the Software, a worldwide, + non-sublicensable, non-transferable, non-exclusive, revocable, + limited license to download and use the Software in object code + form only, solely in connection with the Product that You own or + control. + * Limitations on Use. + + * The Software, its contents, features and functionality + (including, without limitation, all user interfaces, + information, software, code, text, graphics, images, video + and audio, and the design, selection and arrangement + thereof) (collectively, the “Content”) are protected by + United States and international copyright, trademark, + patent, trade secret and other intellectual property or + proprietary rights laws. + * You shall not directly or indirectly do any of the + following: + + * use the Software on any device other than a Product + that is owned or controlled by You or Your business + organization; + * sell, offer for sale, lease, license, sublicense or + distribute the Software or any Content in any form + without the prior written consent of Ubiquiti; + * copy, reproduce, broadcast, transmit, republish, + distribute, modify, prepare derivative works of, + perform, publicly perform or display the Software or + any Content in any way without the prior written + consent of Ubiquiti and its applicable licensors; + * remove or alter any copyright, trademark or other + proprietary rights notices from the Software or + Content, or use them in contravention of any such + applicable notices; + * reverse engineer, decompile, translate, disassemble or + otherwise attempt to (i) derive the source code or the + underlying ideas, algorithms, structure or organization + of any Software (except that the foregoing limitation + does not apply to the extent that such activities may + not be prohibited under applicable law); or (ii) + defeat, avoid, bypass, remove, deactivate, or otherwise + circumvent any software protection mechanisms in the + Software, including, without limitation, any such + mechanism used to restrict or control the functionality + of the Software; + * use the Software in violation of any third-party rights + or any local, state, national or international law or + regulation, including, without limitation, any local + country regulations related to operation within legal + frequency channels, output power and Dynamic Frequency + Selection (DFS) requirements; + * violate any accompanying user or technical manuals, + training materials, specifications or other + documentation pertaining to any Software, where in + digital or printed format; + * engage in any High Risk Activities (as defined in + Section (V)(b)(ii)); + * release the results of any performance or functional + evaluation of any of the Software to any third party + without prior written approval of Ubiquiti for each + such release; or + * create a substantially similar software to the + Software, or any component thereof. + + * You are responsible for obtaining, properly installing and + maintaining the Software and any other services or products + needed for access to and use of the Software, and for paying + all charges related thereto. + + * Third Party Software. + + * Certain software included in, distributed with or downloaded + in connection with the Software may comprise third party + proprietary software products that are subject to separate + license terms (“Third Party Software”). All such Third Party + Software may include software or software components that + are derived, in whole or in part, from software that is + distributed as free software, open source software or under + similar licensing or distribution models (“Open Source + Software,” together with Third Party Software, “External + Software”). + * Your use of External Software is subject in all cases to the + applicable licenses from the External Software provider, + which shall take precedence over the rights and restrictions + granted in this EULA solely with respect to such External + Software. You shall comply with the terms of all applicable + Third Party Software and Open Source Software licenses, if + any. Copyrights to Open Source Software are held by their + respective copyright holders indicated in the copyright + notices in the corresponding source files. The Software may + include software developed by the OpenSSL Project for use in + the OpenSSL Toolkit ([5]http://www.openssl.org/). + * FOR THE AVOIDANCE OF DOUBT, UBIQUITI PROVIDES NO + REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR + STATUTORY, WITH RESPECT TO SUCH EXTERNAL SOFTWARE, INCLUDING + WITH RESPECT TO FUNCTIONALITY OF SUCH EXTERNAL SOFTWARE. + Ubiquiti does not provide any warranty, maintenance, + technical or other support for any External Software. + Accordingly, Ubiquiti is not responsible for Your use of any + External Software or any personal injury, death, property + damage (including, without limitation, to Your home), or + other harm or losses arising from or relating to Your use of + any External Software. + + * Intellectual Property Ownership; Trade Secrets. All copyrights, + trade secrets, patents, trademarks, trade secrets and other + intellectual property and proprietary rights in any jurisdiction + worldwide (collectively, “Intellectual Property Rights”) in and + to the Software and the Content are the sole property of Ubiquiti + or its licensors. You do not have or receive any title or + interest in or to the Software, the Content, or the Intellectual + Property Rights contained therein through Your use of the + Software or otherwise. Except as expressly granted to You under + the limited license set forth in Section II(a) of this EULA, + Ubiquiti does not grant any express or implied right to You under + any of its Intellectual Property Rights. You further acknowledge + and agree that the Software contains the valuable trade secrets + and proprietary information of Ubiquiti and its affiliates. You + agree to hold such trade secrets and proprietary information in + confidence and You acknowledge that any actual or threatened + breach of this obligation will constitute immediate, irreparable + harm for which monetary damages would be an inadequate remedy, + and that injunctive relief is an appropriate remedy for such + breach. + * Trademarks. All trademarks, service marks, trade names and logos + and the goodwill associated therewith (“Marks”) included or + displayed in the Software or Content are the exclusive property + of Ubiquiti or their respective holders. You are not permitted to + use any of the Marks without the applicable prior written consent + of Ubiquiti or such respective holders. + + 3. Automatic Updates. + + * Ubiquiti may, from time to time and at its sole option, provide + patches, bug fixes, corrections, updates, upgrades, support and + maintenance releases or other modifications to the Software, + including certain External Software, which items shall be deemed + part of the Software and External Software hereunder. YOU HEREBY + CONSENT TO ANY SUCH AUTOMATIC UPDATES. These may be automatically + installed without providing any additional notice to You or + receiving Your additional consent. If You do not consent, Your + remedy is to stop using the Software. Notwithstanding the + foregoing, Ubiquiti withholds the right to require You to install + any patches, bug fixes, corrections, updates, upgrades, support + and maintenance releases or other modifications in order to + access and use the Software. + + 4. Term and Termination. This EULA will remain in full force and effect + so long as You continue to access or use the Software, or until + terminated in accordance with this EULA. You may discontinue Your use + of and access to the Software at any time. Ubiquiti will automatically + terminate this EULA at any time without notice to you if you fail to + comply with any term of this EULA. You may terminate it at any time + upon written notice to Ubiquiti at legal@ubnt.com. Upon any such + termination, the licenses granted by this EULA will immediately + terminate and you agree to stop all access and use of the Product, + Software and documentation and destroy the Software and documentation, + together with all copies and merged portions in any form. The + provisions that by their nature continue and survive will survive any + termination of this EULA, including those set forth in this Sections + II(d), II(e) and Articles IV -IX. + 5. WARRANTY DISCLAIMER + + * Disclaimer of Warranties TO THE MAXIMUM EXTENT PERMITTED BY + APPLICABLE LAW, THE SOFTWARE IS LICENSED “AS-IS” AND “AS + AVAILABLE”, WITH ALL FAULTS. UBIQUITI DOES NOT MAKE ANY + WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, + IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, + INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, + ACCURACY, QUALITY OF SERVICE OR RESULTS, AVAILABILITY, + SATISFACTORY QUALITY, LACK OF VIRUSES, TITLE, FITNESS FOR A + PARTICULAR USE OR NON-INFRINGEMENT, TO THE EXTENT AUTHORIZED BY + LAW. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SOFTWARE AND ITS + FEATURES OR FUNCTIONALITY AND ANY COMMUNICATION WITH YOU IS FOR + INFORMATION PURPOSES ONLY, AND DOES NOT CONSTITUTE A WARRANTY OR + REPRESENTATION. WITHOUT LIMITING THE FOREGOING, UBIQUITI + EXPRESSLY DOES NOT WARRANT THAT THE CONTENT, OPERATION, OUTPUT OR + IMPLEMENTATION OF THE SOFTWARE WILL: (I) MEET YOUR REQUIREMENTS; + (II) BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE OR + COMPLETE; (III) BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR + MOBILE DEVICE; (IV) OR THAT UBIQUITI OR ANY THIRD PARTY WILL + RESOLVE ANY PARTICULAR SUPPORT REQUEST OR FIX ANY ERRORS OR THAT + SUCH RESOLUTION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU + SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE + OF THE SOFTWARE. + * Emergency Response; High Risk Activities. + + * YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE, WHETHER + STANDING ALONE OR WHEN INTERFACED WITH PRODUCTS OR + THIRD-PARTY PRODUCTS OR SERVICES, ARE NOT CERTIFIED FOR + EMERGENCY RESPONSE, AND ARE NOT A THIRD-PARTY MONITORED + EMERGENCY NOTIFICATION SYSTEM. MOBILE OR OTHER NOTIFICATIONS + REGARDING THE STATUS OF THE SOFTWARE ARE NOT A SUBSTITUTE + FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. + YOU AGREE THAT YOU WILL NOT RELY ON THE SOFTWARE FOR + EMERGENCY RESPONSE OR ANY OTHER LIFE SAFETY OR CRITICAL + PURPOSES. + * NEITHER THE SOFTWARE NOR ANY PRODUCT IS DESIGNED, + MANUFACTURED OR INTENDED FOR THE OPERATION OF NUCLEAR + FACILITIES, AIR TRAFFIC CONTROL, EMERGENCY RESPONSE, + EMERGENCY AND SAFETY SERVICES, HEALTHCARE FACILITIES, + HOSPITALS, LIFE SUPPORT SYSTEMS OR ANY MISSION CRITICAL + ENVIRONMENT, WHERE THE USE OR FAILURE OF THE SOFTWARE COULD + LEAD TO DEATH, PERSONAL INJURY OR ENVIRONMENTAL DAMAGE + (COLLECTIVELY, “HIGH RISK ACTIVITIES”). YOU AGREE THAT YOU + WILL NOT USE THE SOFTWARE FOR ANY HIGH RISK ACTIVITIES. + + * Data Storage. Ubiquiti is not responsible or liable for the + deletion of or failure to store or process any information or + other content provided by You or transmitted in the course of + using the Software. You are solely responsible for securing and + backing up such submissions. + * Versions. You acknowledge and agree that the Software provided to + You under this EULA may be in “beta” or test form, or otherwise + not intended or completed for commercial use and may therefore + contain errors, bugs or similar unstable characteristics not + typical of commercially released items. Such characteristics may + negatively affect the operation of previously installed software + or equipment. You are advised to safeguard important data, to use + caution and not to rely in any way on the correct functioning or + performance of the software and accompanying materials. You + acknowledge that the Software may be provided to You from time to + time as a program participant solely for the purpose of providing + Ubiquiti with feedback on the Software and the identification of + defects. + + 6. LIMITATION OF LIABILITY + + * UNDER NO CIRCUMSTANCES WILL UBIQUITI OR ITS SUPPLIERS OR THEIR + RESPECTIVE AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, + SHAREHOLDERS, AGENTS OR LICENSORS BE LIABLE UNDER ANY THEORY OF + LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE) FOR + ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, + INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY + DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF + MONEY, REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE + LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD + HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM + THIS EULA OR THE INSTALLATION, MAINTENANCE, PERFORMANCE, FAILURE + OR INTERRUPTION OR USE OF SOFTWARE, HOWEVER CAUSED AND ON ANY + THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), + EVEN IF UBIQUITI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH + DAMAGES. IF, NOTWITHSTANDING THESE TERMS, UBIQUITI OR ANY OF ITS + SUPPLIERS ARE FOUND TO BE LIABLE, THE LIABILITY OF UBIQUITI OR + ITS SUPPLIERS OR THEIR RESPECTIVE AFFILIATES, OFFICERS, + EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS OR LICENSORS TO YOU OR + TO ANY THIRD PARTY IS LIMITED TO ONE HUNDRED DOLLARS ($100). THIS + LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE + EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. + * Exclusions and Limitations. Some jurisdictions do not allow the + exclusion of certain warranties or the limitation or exclusion of + liability for certain damages. Accordingly, some of the above + limitations and disclaimers may not apply to You. To the extent + that Ubiquiti may not, as a matter of applicable law, disclaim + any implied warranty or limit its liabilities, the scope and + duration of such warranty and the extent of Ubiquiti’s liability + will be the minimum permitted under such applicable law. + + 7. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS + UBIQUITI AND ITS LICENSORS AND SUPPLIERS, AND THEIR RESPECTIVE + AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS OR + LICENSORS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, + LOSSES, COSTS, EXPENSES AND FEES (INCLUDING REASONABLE ATTORNEYS’ + FEES) THAT SUCH PARTIES MAY INCUR AS A RESULT OF OR ARISING FROM A + VIOLATION OF THIS EULA. + 8. Export Restrictions. + + * You acknowledge that the Software is of U.S. origin. You + represent and warrant that (i) You shall be solely responsible + for complying with all export laws and restrictions and + regulations, including United States export regulations, such as + restrictions of the Department of Commerce, the United States + Department of Treasury Office of Foreign Assets Control ("OFAC") + or other foreign agency or authority’s regulations ("Export + Laws"), and You shall not (ii) export, or allow the export or + re-export of, the Software in violation of any such restrictions, + laws or regulations, or available in any country in contravention + of any Export Laws, or any other law, nor (iii) make the Software + available in a country for which an export license or other + governmental approval is required without first obtaining all + necessary licenses or other approvals. You shall obtain and bear + all expenses relating to any necessary licenses and exemptions + with respect to the export from the U.S. of the Software to any + location. + * You acknowledge that the U.S. government maintains embargoes and + sanctions against certain countries, currently including the + Crimea region of Ukraine, Cuba, Iran, North Korea, Sudan and + Syria, which may be amended from time to time, including with + respect to listed countries; and that other countries may have + trade laws pertaining to import, use, export or distribution of + the Software. You acknowledge that, in each case, compliance with + the same is Your responsibility. You represent and warrant that + You are not a person or entity listed on any United States + Government list of prohibited or restricted parties. + + 9. Miscellaneous. + + * Governing Law; Jurisdiction. This EULA shall not be governed by + the 1980 U.N. Convention on Contracts for the International Sale + of Goods; rather, this EULA shall be governed by the laws of the + State of New York, including its Uniform Commercial Code, without + reference to conflicts of laws principles. Any action or + proceeding relating to this EULA must be brought in a federal or + state court located in New York and each party irrevocably + submits to the jurisdiction and venue of any such court in any + such claim or dispute, except that Ubiquiti may seek injunctive + relief in any court having jurisdiction to protect its + confidential information or intellectual property. + * Government Purposes. The Software was developed solely at private + expense and is a “commercial item” consisting of “commercial + computer software” and “commercial computer software + documentation” within the meaning of the applicable civilian and + military Federal acquisition regulations and any supplements + thereto, as amended from time to time. If the user of the + Software is an agency, department, employee or other entity of + the United States Government, consistent with 48 C.F.R. + 227.7202-1 through 227.702-4 (JUNE 1995), the use, duplication, + reproduction, release, modification, disclosure and transfer of + the Software, including technical data or manuals, is governed by + the terms and conditions contained in this EULA. + * Severability. If any of the provisions, either in part or in + full, of this EULA is held by a court or other tribunal of + competent jurisdiction to be unenforceable or invalid, such + provision shall be enforced to the maximum extent possible or + permissible and this EULA will be interpreted so as to give + maximum effect to the original intent of the parties with respect + to the unenforceable provision, and the remaining portions of + this EULA shall remain in full force and effect. + * Assignment. You may not assign any of Your rights or obligations + under this EULA without Ubiquiti’s express written consent. + Ubiquiti may assign this EULA without Your consent provided that + such assignment is to an affiliated company forming part of the + Ubiquiti group of companies. + * Waiver. The waiver by either party of any default by the other + party shall not waive subsequent defaults by such other party of + the same or different kind. The failure of either party to + enforce the provisions hereof, at any time or for any period of + time, or the failure of either party to exercise any option + herein, shall not be construed as a waiver of such provision or + option and shall in no way affect that party’s right to enforce + such provisions or exercise such option. + * Third Party Beneficiary. Licensors and suppliers of Ubiquiti and + its affiliates are third party beneficiaries of this EULA, and + thus this EULA is directly enforceable by such licensors and + suppliers and their affiliates. + * Statute of Limitations. You agree that regardless of any statute + or law to the contrary, any claim or cause of action You may have + arising out of or related to use of the Software or this EULA + must be filed within one (1) year after such claim or cause of + action arose or be forever barred. + * Interpretation. As used herein, unless the context requires + otherwise, the word “or” is not exclusive and the words “will,” + “will not,” “shall,” and “shall not” are expressions of command + and not merely expressions of future intent or expectation. + Whenever the words “include,” “includes” or “including” are used + in this EULA, they shall be deemed to be followed by the words + “without limitation.” The section headings in this EULA are for + convenience only and have no legal or contractual effect. + +References + + Visible links + 1. www.ubnt.com + https://www.ubnt.com/ + 2. Terms of Service + https://www.ubnt.com/legal/termsofservice/ + 3. Limited Warranty + https://www.ubnt.com/support/warranty/ + 4. Privacy Policy + https://www.ubnt.com/legal/privacypolicy/ + 5. www.openssl.org + http://www.openssl.org/ |