From 38218c8e30e486032144dcad44e2badad3528b78 Mon Sep 17 00:00:00 2001 From: Jean-Baptiste Queru Date: Fri, 11 Nov 2011 16:50:24 -0800 Subject: Samsung License for proprietary binaries Bug: 4295425 Change-Id: Iea1d7ac284c125e33cb5ba58b8dcc252b1537f4f --- self-extractors/samsung/COPYRIGHT | 2 +- self-extractors/samsung/LICENSE | 226 +++++++++++++++++++++++++++++++++++++- 2 files changed, 226 insertions(+), 2 deletions(-) (limited to 'self-extractors') diff --git a/self-extractors/samsung/COPYRIGHT b/self-extractors/samsung/COPYRIGHT index ba0f6e8..e5dc6cc 100644 --- a/self-extractors/samsung/COPYRIGHT +++ b/self-extractors/samsung/COPYRIGHT @@ -1 +1 @@ -# (C) Samsung Electronics, Inc. All Rights Reserved. +# (C) Samsung Electronics, Inc. diff --git a/self-extractors/samsung/LICENSE b/self-extractors/samsung/LICENSE index 50baf50..4276bef 100644 --- a/self-extractors/samsung/LICENSE +++ b/self-extractors/samsung/LICENSE @@ -1 +1,225 @@ -SAMSUNG LICENSE GOES HERE +THIS DEVELOPER SOFTWARE LICENSE AGREEMENT (THE "AGREEMENT") IS A LEGALLY +BINDING AGREEMENT BETWEEN Samsung Electronics ("LICENSOR") AND +YOU OR THE LEGAL ENTITY YOU REPRESENT ("You" or its possessive, "Your"). BY +TYPING "I ACCEPT" WHERE INDICATED YOU ACKNOWLEDGE THAT YOU HAVE READ THIS +AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF +YOU DO NOT AGREE TO THESE TERMS YOU MUST DISCONTINUE THE INSTALLATION PROCESS +AND YOU SHALL NOT USE THE SOFTWARE OR RETAIN ANY COPIES OF THE SOFTWARE OR +DOCUMENTATION. ANY USE OR POSSESSION OF THE SOFTWARE BY YOU IS SUBJECT TO THE +TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF THE SOFTWARE IS INSTALLED +ON A COMPUTER OWNED BY A CORPORATION OR OTHER LEGAL ENTITY, THEN YOU REPRESENT +AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THE TERMS AND +CONDITIONS OF THIS AGREEMENT. + + 1. Special Definitions + + a. The term "Android" means the open source mobile platform, software + stack, operating system, middleware, application programming + interfaces and mobile applications under the trade-name "Android" + distributed at Android.com. + + b. The term "Android Applications" means a software application or + open-source contribution developed by You, designed to operate with + Android that does not contain or incorporate any of the Software. + + c. The term "Authorized Android Enabled Device" means only the device + identified on the site from which You downloaded the Software. + The term "Software" means the Licensor's proprietary software and + libraries in object code form, designed for use on the Authorized + Android Enabled Device. + + d. The term "Authorized Android Enabled Device Software" means a + packaged build for Authorized Android Enabled Devices, consisting of + files suitable for installation on an Authorized Android Enabled + Device using a mechanism such as fastboot mode or recovery mode. + + 2. License Grant + + a. Subject to the terms of this Agreement, Licensor hereby grants to + You, free of charge, a non-exclusive, non-sublicensable, + non-transferable, limited license, during the term of this Agreement, + to download, install and use the Software internally in + machine-readable (i.e., object code) form and the Documentation for + non-commercial use on an Authorized Android Enabled Device and + non-commercial redistribution of the Authorized Android Enabled + Device Software (the "Limited Purpose"). You may grant your end users + the right to use the Software for the Limited Purpose. The license to + the Software granted to You hereunder is solely for the Limited + Purpose set forth in this section, and the Software shall not be used + for any other purpose. + + 3. Restrictions + + a. Retention of Rights. The entire right, title and interest in the + Software shall remain with Licensor and, unless specified in writing + hereunder, no rights are granted to any of the Software. Except for + the right to use the Software for the Limited Purpose, the delivery + of the Software to You does not convey to You any intellectual + property rights in the Software, including, but not limited to any + rights under any patent, trademark, copyright, or trade secret. + Neither the delivery of the Software to You nor any terms set forth + herein shall be construed to grant to You, either expressly, by + implication or by way of estoppel, any license under any patents or + other intellectual property rights covering or relating to any other + product or invention or any combination of the Software with any + other product. Any rights not expressly granted to You herein are + reserved by Licensor. + + b. No Commercialization or Distribution of the Software and + Documentation. Except as expressly provided in Section 2 of this + Agreement, You shall have no right to (i) copy, disclose, distribute, + publically perform, publically display, transfer, alter, modify, + translate, disassemble, decompile, reverse engineer, or adapt the + Software and Documentation, or any portion thereof, or create any + derivative works based thereon; (ii) rent, lease, assign, sublicense, + resell, disclose or otherwise transfer the Software and Documentation + in whole or in part to any third party (iii) use the Software and + Documentation except for the Limited Purpose, (iv) remove or alter + any of the copyright or proprietary notices contained in any of the + Software and Documentation. For the purposes of clarity, nothing in + this Agreement prohibits You from making and distributing Android + Applications under commercial or non-commercial terms, provided that + You shall not contain, incorporate, and/or compile the Software or + any of its derivative works, in whole or in part, into Your Android + Applications and/or any software/devices created by You or by third + parties acting on Your behalf. You and any such third party shall + comply with all of the terms and conditions of this Agreement. + + c. No Reverse Engineering. You will not reverse engineer, disassemble, + decompile, or translate the Software, or otherwise attempt to derive + the source code version of the Software, except if and to the extent + expressly permitted under any applicable law. + + d. Third Party Software. You agree that Android may contain third party + software. You agree that you may not distribute such third party + software for any purpose without appropriate licenses from the + applicable third party or parties. + + e. No Transfer or Assignment. You shall not assign any of its rights or + obligations under this Agreement. Any attempted assignment in + contravention of this Section shall be void. + + 4. Onwership of Intellectual Property + + a. You acknowledge that all intellectual property rights in or relating + to the Software and all parts of the Software are and shall remain + the exclusive property of Licensor and its licensors. You agree that + you will not remove or alter any copyright notices or similar + proprietary devices, including without limitation any electronic + watermarks or other identifiers, that may be incorporated in the + Software. + + 5. Indemnity + + a. You agree to indemnify and hold harmless Licensor and its officers, + directors, customers, employees and successors and assigns (each an + "Indemnified Party") against any and all claims, demands, causes of + action, losses, liabilities, damages, costs and expenses, incurred by + the Indemnified Party (including but not limited to costs of defense, + investigation and reasonable attorney's fees) arising out of, + resulting from or related to (i) any software, products, + documentation, content, materials or derivative works created or + developed by You using the Software which causes an infringement of + any patent, copyright, trademark, trade secret, or other property, + publicity or privacy rights of any third parties arising in any + jurisdiction anywhere in the world, (ii) the download, distribution, + installation, storage, execution, use or transfer of such software, + products, documentation, content, materials or derivative works by + any person or entity, and/or (iii) any breach of this Agreement by + You. If requested by an Indemnified Party, You agree to defend such + Indemnified Party in connection with any third party claims, demands, + or causes of action resulting from, arising out of or in connection + with any of the foregoing. + + 6. Limitation of Liability + + a. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO + CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL + LICENSOR, ITS AFFILIATES AND/OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR + AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR + CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS + OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS + INFORMATION AND THE LIKE) ARISING OUT OF OR IN CONNECTION WITH THE + SOFTWARE OR ANY DOWNLOAD, INSTALLATION OR USE OF, OR INABILITY TO + USE, THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE + POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE + LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL + DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY OR MAY BE + LIMITED. IN NO EVENT SHALL LICENSOR'S TOTAL AGGREGATE LIABILITY TO + YOU FOR ANY AND ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTIONS + (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, INDEMNIFICATION OR + OTHERWISE) EXCEED ONE HUNDRED U.S. DOLLARS (US$100). THE LIMITATIONS + SET FORTH IN THIS PARAGRAPH SHALL BE DEEMED TO APPLY TO THE MAXIMUM + EXTENT PERMITTED BY APPLICABLE LAW. THE PARTIES HAVE FULLY CONSIDERED + THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE + FOREGOING LIMITATIONS IN THIS PARAGRAPH ARE AN ESSENTIAL BASIS OF + THE BARGAIN BETWEEN THE PARTIES. + + 7. No Warranty + + a. LICENSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE + SOFTWARE AND DOCUMENTATION PROVIDED UNDER THIS AGREEMENT, INCLUDING + BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A + PARTICULAR PURPOSE OR AGAINST INFRINGEMENT, OR ANY EXPRESS OR IMPLIED + WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR + COURSE OF PERFORMANCE. NOTHING CONTAINED IN THIS AGREEMENT SHALL BE + CONSTRUED AS A WARRANTY OR REPRESENTATION BY LICENSOR (I) AS TO THE + VALIDITY OR SCOPE OF ANY PATENT, COPYRIGHT OR OTHER INTELLECTUAL + PROPERTY RIGHT AND (II) THAT ANY MANUFACTURE OR USE WILL BE FREE FROM + INFRINGEMENT OF PATENTS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY + RIGHTS OF OTHERS, AND IT SHALL BE THE SOLE RESPONSIBILITY OF YOU TO + MAKE SUCH DETERMINATION AS IS NECESSARY WITH RESPECT TO THE + ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY + OF THIRD PARTIES. LICENSOR SHALL NOT HAVE ANY OBLIGATION TO PROVIDE + ANY TECHNICAL SUPPORT OF THE SOFTWARE UNDER THIS AGREEMENT. + + 8. Term and Termination + + a. This Agreement shall be effective on the date You accept this + Agreement and shall remain in effect until terminated as provided + herein. You may terminate the Agreement at any time by deleting and + destroying all copies of the Software and all related information in + Your possession or control. This Agreement terminates immediately and + automatically, with or without notice, if You fail to comply with any + provision hereof. Additionally, Licensor may at any time terminate + this Agreement, without cause, upon notice to You. Upon termination + You must delete or destroy all copies of the Software in Your + possession, and the license granted to You in this Agreement shall + terminate. Sections 3, 4, 5, 6 and 8 shall survive the termination of + this Agreement. + + 9. Miscellaneous + + a. Governing Law. This Agreement is governed and interpreted in + accordance with the laws of the State of California without giving + effect to its conflict of laws provisions. The United Nations + Convention on Contracts for the International Sale of Goods is + expressly disclaimed and shall not apply. Any claim arising out of or + related to this Agreement must be brought exclusively in a federal or + state court located in Santa Clara County, California and You consent + to the jurisdiction and venue of such courts. + + b. Waiver and Severability. The failure of either party to require + performance by the other party of any provision of this Agreement + shall not affect the full right to require such performance at any + time thereafter; nor shall the waiver by either party of a breach of + any provision of this Agreement be taken or held to be a waiver of + the provision itself. Severability. If any provision of this + Agreement is unenforceable or invalid under any applicable law or is + so held by applicable court decision, such unenforceability or + invalidity shall not render this Agreement unenforceable or invalid + as a whole, and such provision shall be changed and interpreted so as + to best accomplish the objectives of such unenforceable or invalid + provision within the limits of applicable law or applicable court + decisions. + + c. Amendment and Modification. This Agreement and any of its terms and + provisions may only be amended, modified, supplemented or waived in a + writing signed by both parties hereto. + + d. Compliance with Laws. You shall comply with all applicable laws, + rules, and regulations in connection with its activities under this + Agreement. + + e. Entire Agreement. This Agreement completely and exclusively states + the agreement between You and Licensor regarding this subject matter. -- cgit v1.1