From 520f71d1d97c83dd9f95e24e213043e8df114b73 Mon Sep 17 00:00:00 2001 From: Taeyoung Son Date: Mon, 9 Jan 2012 15:39:16 +0900 Subject: [PATCH] [Title] Modify license context [Type] Feature [Module] Sub [Priority] Minor [CQ#] [Redmine#] [Problem] [Cause] [Solution] --- com.samsung.tizen.common.feature/feature.xml | 24 +++--- .../common_native_wac_linux.product | 79 ++---------------- .../common_native_wac_windows.product | 79 ++---------------- .../license.html | 95 ++++------------------ 4 files changed, 40 insertions(+), 237 deletions(-) diff --git a/com.samsung.tizen.common.feature/feature.xml b/com.samsung.tizen.common.feature/feature.xml index ceca9e1..a8073b4 100644 --- a/com.samsung.tizen.common.feature/feature.xml +++ b/com.samsung.tizen.common.feature/feature.xml @@ -12,18 +12,22 @@ This feature supports Native and Web IDE. - Copyright (c) 2010-2011, Samsung Electronics Co., LTD. All rights reserved. + Copyright (c) 2010-2011, Samsung Electronics Co., LTD. All rights reserved. - -Tizen SDK -Tizen SDK contains software portions licensed under various open source licenses as well as proprietary components. All open source software portions ("Open Source Software") are licensed under the open source licenses that accompany such Open Source Software. -The licenses governing the Open Source Software are available at: http://developer.tizen.org/download/tizen_sdk_opensource_license.html -Except for the Open Source Software contained in Tizen SDK, all other software portions contained in Tizen SDK are governed by the terms and conditions of the Tizen Software Development Kit License Agreement, available at: http://developer.tizen.org/download/samsung_sdk_license.html -You may access and download Tizen SDK Open Source Software at: http://developer.tizen.org/download/tizenopensdk.tar.gz -BY CLICKING THE \u201CI AGREE\u201D BUTTON OR BY USING ANY PART OF TIZEN SDK, YOU AGREE (ON BEHALF OF YOURSELF AND/OR YOUR COMPANY) TO THE OPEN SOURCE SOFTWARE LICENSE TERMS AND THE TIZEN SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE OPEN SOURCE SOFTWARE LICENSE TERMS OR THE TIZEN SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT, YOU MAY NOT DOWNLOAD OR USE TIZEN SDK. - - + + \ +Tizen SDK\n\ +\n\ +Tizen SDK contains software portions licensed under various open source licenses as well as proprietary components. All open source software portions (\u201COpen Source Software\u201D) are licensed under the open source licenses that accompany such Open Source Software.\n\ + \n\ +The licenses governing the Open Source Software are available at: http://developer.tizen.org/download/tizen_sdk_opensource_license.html\n\ + \n\ +Except for the Open Source Software contained in Tizen SDK, all other software portions contained in Tizen SDK are governed by the terms and conditions of the Tizen Software Development Kit License Agreement, available at: http://developer.tizen.org/download/samsung_sdk_license.html\n\ + \n\ +You may access and download Tizen SDK Open Source Software at: http://developer.tizen.org/download/tizenopensdk.tar.gz\n\ + \n\ +BY CLICKING THE "I AGREE" BUTTON OR BY USING ANY PART OF TIZEN SDK, YOU AGREE (ON BEHALF OF YOURSELF AND/OR YOUR COMPANY) TO THE OPEN SOURCE SOFTWARE LICENSE TERMS AND THE TIZEN SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE OPEN SOURCE SOFTWARE LICENSE TERMS OR THE TIZEN SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT, YOU MAY NOT DOWNLOAD OR USE TIZEN SDK.\n https://developer.tizen.org - TIZEN SOFTWARE DEVELOPMENT KIT (“SDK”) LICENSE AGREEMENT +Tizen SDK +Tizen SDK contains software portions licensed under various open source licenses as well as proprietary components. All open source software portions (“Open Source Software”) are licensed under the open source licenses that accompany such Open Source Software. - BEFORE YOU ("YOU" OR “LICENSEE”) USE TIZEN SDK, PLEASE READ ALL OF THE TERMS AND CONDITIONS SET OUT IN THIS TIZEN SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. YOUR USE OF TIZEN SDK IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. BY CLICKING THE "I AGREE" BUTTON OR BY USING ANY PART OF TIZEN SDK, YOU AGREE (ON BEHALF OF YOURSELF AND/OR YOUR COMPANY) TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHICH THEN COMMENCES WITH EFFECT AS A LEGAL AGREEMENT BETWEEN YOU AND SAMSUNG. IF YOU DO NOT OR CANNOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT DOWNLOAD OR USE TIZEN SDK. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS SET FORTH HEREIN, YOU MUST IMMEDIATELY CEASE USE OF TIZEN SDK. +The licenses governing the Open Source Software are available at: http://developer.tizen.org/download/tizen_sdk_opensource_license.html - 1. Definitions. +Except for the Open Source Software contained in Tizen SDK, all other software portions contained in Tizen SDK are governed by the terms and conditions of the Tizen Software Development Kit License Agreement, available at: http://developer.tizen.org/download/samsung_sdk_license.html - 1.1 “Affiliate” means an entity that, directly or indirectly, controls, is controlled by, or is under common control with a party to this Agreement, but only for so long as such control exists, and where “control” shall mean ownership of more than 50% of the stock or other equity interests entitled to vote for the election of directors or an equivalent governing body. +You may access and download Tizen SDK Open Source Software at: http://developer.tizen.org/download/tizenopensdk.tar.gz - 1.2 “Open Source Software” includes, without limitation, a software license that requires as a condition of use, modification, and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software be (a) disclosed or distributed in source code form; (b) be licensed for the purpose of making derivative works; or (c) be redistributable at no charge. - - 1.3 “Tizen Platform” means Linux operating system software developed by Samsung for use by Licensee in connection with Licensee’s development and testing. - -1.4 “Tizen SDK” includes the documentation, software, both source code and object code, applications, sample code, simulator, tools, libraries, APIs, data, files, and materials provided by Samsung to Licensee for use in connection with Licensee’s application development, and includes any updates that may be provided by Samsung. - - 2. License Grant. - - 2.1 Subject to the terms and conditions of this Agreement, Samsung hereby grants to Licensee a royalty-free, non-exclusive, non-transferable and worldwide license to use Tizen SDK for development of applications to run on the Tizen Platform (“Application”). - -3. Restrictions. - -3.1 Except for the limited license granted to Licensee herein, all right, title and interest in and to Tizen SDK including the concepts and technology inherent in them, Samsung trademarks, copyrights, patents, trade secrets and other intellectual property, are, and at all times shall remain, the sole and exclusive property of Samsung. Except to the extent permitted under this Agreement or by applicable law, Licensee shall not: (i) allow third parties to access or use Tizen SDK or otherwise disclose it to third parties; (ii) modify, reverse assemble, reverse compile or reverse engineer any portion of Tizen SDK; (iii) lease, rent, copy, distribute or sublicense Tizen SDK; or (iv) remove, efface or obscure any copyright notices, logos or other proprietary notices or legends included in Tizen SDK. Licensee may not use any component part of Tizen SDK owned or licensed by a third party supplier as a standalone program or in any way independent from Tizen SDK. Licensee may not load or install any of Tizen SDK onto mobile phones or any other devices, except a personal computer. - - 3.2 Samsung may extend, enhance, or otherwise modify Tizen SDK at any time without notice. If updates are made available by Samsung, the terms of this Agreement will govern such updates, unless the update is accompanied by a separate license, in which case the terms of that license will govern. Samsung is not obligated to provide any maintenance, technical or other support for Tizen SDK. Licensee acknowledges that Samsung has no express or implied obligation to announce or make available any updates to Tizen SDK. - - 4. Use of Tizen SDK. - -4.1 By providing any comments, suggestions, improvements or any other information in connection with Tizen SDK and documentation provided to Licensee (collectively “Feedback”), Licensee grants to Samsung a worldwide, perpetual, irrevocable, sublicenseable, royalty-free license, under all of Licensee’s intellectual property rights, to copy, modify, create derivative works of, sell, import and otherwise dispose of, such Feedback. - - 4.2 Licensee’s Applications must not (i) breach any applicable laws, regulations or generally accepted practices or guidelines in the applicable jurisdictions; (ii) contain any material, component or code which could damage, destroy, unduly burden or unreasonably affect software, firmware, hardware, data, systems, services, or networks; or (iii) disable, hack or otherwise interfere with any authentication, content protection, digital signing, digital rights management, security or verification mechanisms implemented in or by Tizen platform. - - 4.3 To the best of your knowledge and belief, your Applications do not and will not violate, misappropriate, or infringe any copyright, patent, design, trademark, trade secret, privacy or publicity rights, or any proprietary, intellectual property or other legal right of Samsung or any third party - - 4.4 Licensee agrees that Licensee is solely liable for any breach of your obligations under this Agreement or any applicable laws or regulations, and for the consequences of any such breach. - -5. Open Source Software. - -5.1 Licensee hereby acknowledges that Tizen SDK may contain Open Source Software. Licensee agrees to review any documentation that accompanies Tizen SDK in order to determine which portions of Tizen SDK are Open Source Software and are licensed under an Open Source Software license. To the extent any such license requires that Samsung provide Developer the rights to copy, modify, distribute or otherwise use any Open Source Software that are inconsistent with the limited rights granted to Licensee in this Agreement, then such rights in the applicable Open Source Software license shall take precedence over the rights and restrictions granted in this Agreement, but solely with respect to such Open Source Software. - -5.2 Licensee acknowledges that the Open Source Software license is solely between Licensee and the applicable licensor of the Open Source Software. Licensee shall comply with the terms of all applicable Open Source Software licenses, if any. - - 6. DISCLAIMER OF WARRANTY. - -6.1 Tizen SDK IS PROVIDED "AS IS." SAMSUNG DOES NOT WARRANT THAT THE USE OF TIZEN SDK WILL NOT INFRINGE ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS. SAMSUNG DOES NOT WARRANT THAT TIZEN SDK IS ERROR FREE. SAMSUNG MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO TIZEN SDK, 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. NO INFORMATION OR ADVICE GIVEN BY SAMSUNG OR ITS AGENTS, EMPLOYEES, OR REPRESENTATIVES, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY REPRESENTATION OR WARRANTY. - - 6.2 TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SAMSUNG BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR FOR ANY PECUNIARY DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO LICENSEE’S GRANT OF LICENSE HEREIN, OR INABILITY TO USE TIZEN SDK, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF TIZEN SDK, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES - - 7. Indemnification. - -7.1 To the extent permitted by law, Licensee agrees to indemnify, defend and hold harmless Samsung, its Affiliates, directors, officers, employees, independent contractors and agents (each a "Samsung Indemnified Party") from any and all claims, losses, liabilities, damages, expenses and costs (including without limitation attorneys fees and court costs) (collectively "Losses") incurred by a Samsung Indemnified Party as a result of: (i) Licensee breach of this Agreement; (ii) any claims that Licensee’s distribution, sale, offer for sale, use or importation of Tizen SDK violate or infringe any third party intellectual property or proprietary rights; and/or (iii) otherwise related to or arising from Licensee’s use of Tizen SDK, Licensee’s development, modification and distribution of Applications. - - 8. Confidentiality. - -8.1 Licensee acknowledges and agrees that Tizen SDK was developed at considerable time and expense by Samsung and contains valuable trade secrets and confidential information of Samsung. Accordingly, Licensee agrees to maintain Tizen SDK in confidence and except as expressly provided in Section 2, Licensee (i) will not disclose or provide access thereto to any person, or (ii) use Tizen SDK for any purpose not expressly authorized hereby, or permit or authorize any other person to do so. - - 8.2 The restriction herein shall not apply to the extent that such information is in the public domain or hereafter falls into the public domain through no fault of the Licensee. Any combination of Samsung trade secrets and information that forms part of Tizen SDK shall not be deemed to be public merely because individual parts of Tizen SDK are in the public domain, unless the combination itself is in the public domain. - - 9. Term and Termination. - - 9.1 Term. The term of this Agreement shall commence as of your acceptance of the terms of this Agreement or your use of Tizen SDK and continue until terminated by either party as provided herein. - - 9.2 Termination. Licensee may terminate this Agreement simply by ceasing Licensee’s use of Tizen SDK. Samsung may terminate this Agreement (i) at any time for any or no reason upon 30 days prior written notice to you or (ii) immediately upon written notice to Licensee if Licensee has materially breached this Agreement. - - 9.3 Effect of Termination. Upon termination of this Agreement: (a) all license rights granted in this Agreement will terminate; (b) Licensee shall promptly stop the distribution of Tizen SDK and destroy all electronic copies of Tizen SDK and/or return Tizen SDK to Samsung. The Sections entitled Restrictions, Use of Tizen SDK, Open Source Software, Disclaimer of Warranty, Indemnification, Confidentiality, Term and Termination and General Legal Terms shall survive the expiration or termination of this Agreement for any reason. - - 10. General Legal Terms. - - 10.1 Export Compliance. Licensee is responsible for applying for and obtaining all export and import licenses and/or authorizations related to Tizen SDK or Applications, including without limitation all such licenses and authorizations required by any and all governmental bodies and/or regulatory agency. - - 10.2 Assignment. Licensee may not assign the Agreement, in whole or in part, by operation of law or otherwise, without Samsung’s prior written consent, and any attempt to do so without such consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. - - 10.3 Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea, without regard to any conflict-of-laws rules. Any and all disputes between the parties in connection with or arising out of this Agreement, which the parties are unable to resolve between themselves, shall be finally settled by arbitration. The arbitration shall be held in Seoul, Korea in accordance with the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrator(s) appointed in accordance with the said rules. The arbitration award rendered by the arbitrator(s) shall be final and binding upon the parties. - - 10.4 Amendments and No Waiver. This Agreement may be modified only by a writing signed by both parties. The failure by either party to insist upon strict performance of any of the provisions contained in this Agreement shall in no way constitute a waiver of its rights as set forth in this Agreement, at law or in equity, or a waiver of any other provisions or subsequent default by the other party in the performance or compliance with any of the terms and conditions set forth in this Agreement. If any of the provisions of the Agreement is determined to be invalid, illegal or otherwise unenforceable, such provision shall be deemed replaced by a provision which carries out the original intent and purpose of such provision to the greatest extent lawful, and the remaining provisions shall remain in full force and effect. - - 10.5 Entire Agreement. This Agreement contains the entire agreement of the parties with respect to its subject matter and supersedes all existing agreements and all other oral, written or other communications between the parties concerning this subject matter. If any provision of this Agreement (or any portion thereof) is invalid, illegal or unenforceable, the validity, legality and enforceability of the remainder of this Agreement shall not be affected or impaired. - - Last Updated January 6, 2012 +BY CLICKING THE "I AGREE" BUTTON OR BY USING ANY PART OF TIZEN SDK, YOU AGREE (ON BEHALF OF YOURSELF AND/OR YOUR COMPANY) TO THE OPEN SOURCE SOFTWARE LICENSE TERMS AND THE TIZEN SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE OPEN SOURCE SOFTWARE LICENSE TERMS OR THE TIZEN SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT, YOU MAY NOT DOWNLOAD OR USE TIZEN SDK. diff --git a/com.samsung.tizen.common.platform/common_native_wac_windows.product b/com.samsung.tizen.common.platform/common_native_wac_windows.product index e277d68..910b9c8 100644 --- a/com.samsung.tizen.common.platform/common_native_wac_windows.product +++ b/com.samsung.tizen.common.platform/common_native_wac_windows.product @@ -47,84 +47,17 @@ en https://developer.tizen.org - TIZEN SOFTWARE DEVELOPMENT KIT (“SDK”) LICENSE AGREEMENT + Tizen SDK +Tizen SDK contains software portions licensed under various open source licenses as well as proprietary components. All open source software portions (“Open Source Software”) are licensed under the open source licenses that accompany such Open Source Software. - BEFORE YOU ("YOU" OR “LICENSEE”) USE TIZEN SDK, PLEASE READ ALL OF THE TERMS AND CONDITIONS SET OUT IN THIS TIZEN SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. YOUR USE OF TIZEN SDK IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. BY CLICKING THE "I AGREE" BUTTON OR BY USING ANY PART OF TIZEN SDK, YOU AGREE (ON BEHALF OF YOURSELF AND/OR YOUR COMPANY) TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHICH THEN COMMENCES WITH EFFECT AS A LEGAL AGREEMENT BETWEEN YOU AND SAMSUNG. IF YOU DO NOT OR CANNOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT DOWNLOAD OR USE TIZEN SDK. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS SET FORTH HEREIN, YOU MUST IMMEDIATELY CEASE USE OF TIZEN SDK. +The licenses governing the Open Source Software are available at: http://developer.tizen.org/download/tizen_sdk_opensource_license.html - 1. Definitions. +Except for the Open Source Software contained in Tizen SDK, all other software portions contained in Tizen SDK are governed by the terms and conditions of the Tizen Software Development Kit License Agreement, available at: http://developer.tizen.org/download/samsung_sdk_license.html - 1.1 “Affiliate” means an entity that, directly or indirectly, controls, is controlled by, or is under common control with a party to this Agreement, but only for so long as such control exists, and where “control” shall mean ownership of more than 50% of the stock or other equity interests entitled to vote for the election of directors or an equivalent governing body. +You may access and download Tizen SDK Open Source Software at: http://developer.tizen.org/download/tizenopensdk.tar.gz - 1.2 “Open Source Software” includes, without limitation, a software license that requires as a condition of use, modification, and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software be (a) disclosed or distributed in source code form; (b) be licensed for the purpose of making derivative works; or (c) be redistributable at no charge. - - 1.3 “Tizen Platform” means Linux operating system software developed by Samsung for use by Licensee in connection with Licensee’s development and testing. - -1.4 “Tizen SDK” includes the documentation, software, both source code and object code, applications, sample code, simulator, tools, libraries, APIs, data, files, and materials provided by Samsung to Licensee for use in connection with Licensee’s application development, and includes any updates that may be provided by Samsung. - - 2. License Grant. - - 2.1 Subject to the terms and conditions of this Agreement, Samsung hereby grants to Licensee a royalty-free, non-exclusive, non-transferable and worldwide license to use Tizen SDK for development of applications to run on the Tizen Platform (“Application”). - -3. Restrictions. - -3.1 Except for the limited license granted to Licensee herein, all right, title and interest in and to Tizen SDK including the concepts and technology inherent in them, Samsung trademarks, copyrights, patents, trade secrets and other intellectual property, are, and at all times shall remain, the sole and exclusive property of Samsung. Except to the extent permitted under this Agreement or by applicable law, Licensee shall not: (i) allow third parties to access or use Tizen SDK or otherwise disclose it to third parties; (ii) modify, reverse assemble, reverse compile or reverse engineer any portion of Tizen SDK; (iii) lease, rent, copy, distribute or sublicense Tizen SDK; or (iv) remove, efface or obscure any copyright notices, logos or other proprietary notices or legends included in Tizen SDK. Licensee may not use any component part of Tizen SDK owned or licensed by a third party supplier as a standalone program or in any way independent from Tizen SDK. Licensee may not load or install any of Tizen SDK onto mobile phones or any other devices, except a personal computer. - - 3.2 Samsung may extend, enhance, or otherwise modify Tizen SDK at any time without notice. If updates are made available by Samsung, the terms of this Agreement will govern such updates, unless the update is accompanied by a separate license, in which case the terms of that license will govern. Samsung is not obligated to provide any maintenance, technical or other support for Tizen SDK. Licensee acknowledges that Samsung has no express or implied obligation to announce or make available any updates to Tizen SDK. - - 4. Use of Tizen SDK. - -4.1 By providing any comments, suggestions, improvements or any other information in connection with Tizen SDK and documentation provided to Licensee (collectively “Feedback”), Licensee grants to Samsung a worldwide, perpetual, irrevocable, sublicenseable, royalty-free license, under all of Licensee’s intellectual property rights, to copy, modify, create derivative works of, sell, import and otherwise dispose of, such Feedback. - - 4.2 Licensee’s Applications must not (i) breach any applicable laws, regulations or generally accepted practices or guidelines in the applicable jurisdictions; (ii) contain any material, component or code which could damage, destroy, unduly burden or unreasonably affect software, firmware, hardware, data, systems, services, or networks; or (iii) disable, hack or otherwise interfere with any authentication, content protection, digital signing, digital rights management, security or verification mechanisms implemented in or by Tizen platform. - - 4.3 To the best of your knowledge and belief, your Applications do not and will not violate, misappropriate, or infringe any copyright, patent, design, trademark, trade secret, privacy or publicity rights, or any proprietary, intellectual property or other legal right of Samsung or any third party - - 4.4 Licensee agrees that Licensee is solely liable for any breach of your obligations under this Agreement or any applicable laws or regulations, and for the consequences of any such breach. - -5. Open Source Software. - -5.1 Licensee hereby acknowledges that Tizen SDK may contain Open Source Software. Licensee agrees to review any documentation that accompanies Tizen SDK in order to determine which portions of Tizen SDK are Open Source Software and are licensed under an Open Source Software license. To the extent any such license requires that Samsung provide Developer the rights to copy, modify, distribute or otherwise use any Open Source Software that are inconsistent with the limited rights granted to Licensee in this Agreement, then such rights in the applicable Open Source Software license shall take precedence over the rights and restrictions granted in this Agreement, but solely with respect to such Open Source Software. - -5.2 Licensee acknowledges that the Open Source Software license is solely between Licensee and the applicable licensor of the Open Source Software. Licensee shall comply with the terms of all applicable Open Source Software licenses, if any. - - 6. DISCLAIMER OF WARRANTY. - -6.1 Tizen SDK IS PROVIDED "AS IS." SAMSUNG DOES NOT WARRANT THAT THE USE OF TIZEN SDK WILL NOT INFRINGE ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS. SAMSUNG DOES NOT WARRANT THAT TIZEN SDK IS ERROR FREE. SAMSUNG MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO TIZEN SDK, 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. NO INFORMATION OR ADVICE GIVEN BY SAMSUNG OR ITS AGENTS, EMPLOYEES, OR REPRESENTATIVES, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY REPRESENTATION OR WARRANTY. - - 6.2 TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SAMSUNG BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR FOR ANY PECUNIARY DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO LICENSEE’S GRANT OF LICENSE HEREIN, OR INABILITY TO USE TIZEN SDK, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF TIZEN SDK, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES - - 7. Indemnification. - -7.1 To the extent permitted by law, Licensee agrees to indemnify, defend and hold harmless Samsung, its Affiliates, directors, officers, employees, independent contractors and agents (each a "Samsung Indemnified Party") from any and all claims, losses, liabilities, damages, expenses and costs (including without limitation attorneys fees and court costs) (collectively "Losses") incurred by a Samsung Indemnified Party as a result of: (i) Licensee breach of this Agreement; (ii) any claims that Licensee’s distribution, sale, offer for sale, use or importation of Tizen SDK violate or infringe any third party intellectual property or proprietary rights; and/or (iii) otherwise related to or arising from Licensee’s use of Tizen SDK, Licensee’s development, modification and distribution of Applications. - - 8. Confidentiality. - -8.1 Licensee acknowledges and agrees that Tizen SDK was developed at considerable time and expense by Samsung and contains valuable trade secrets and confidential information of Samsung. Accordingly, Licensee agrees to maintain Tizen SDK in confidence and except as expressly provided in Section 2, Licensee (i) will not disclose or provide access thereto to any person, or (ii) use Tizen SDK for any purpose not expressly authorized hereby, or permit or authorize any other person to do so. - - 8.2 The restriction herein shall not apply to the extent that such information is in the public domain or hereafter falls into the public domain through no fault of the Licensee. Any combination of Samsung trade secrets and information that forms part of Tizen SDK shall not be deemed to be public merely because individual parts of Tizen SDK are in the public domain, unless the combination itself is in the public domain. - - 9. Term and Termination. - - 9.1 Term. The term of this Agreement shall commence as of your acceptance of the terms of this Agreement or your use of Tizen SDK and continue until terminated by either party as provided herein. - - 9.2 Termination. Licensee may terminate this Agreement simply by ceasing Licensee’s use of Tizen SDK. Samsung may terminate this Agreement (i) at any time for any or no reason upon 30 days prior written notice to you or (ii) immediately upon written notice to Licensee if Licensee has materially breached this Agreement. - - 9.3 Effect of Termination. Upon termination of this Agreement: (a) all license rights granted in this Agreement will terminate; (b) Licensee shall promptly stop the distribution of Tizen SDK and destroy all electronic copies of Tizen SDK and/or return Tizen SDK to Samsung. The Sections entitled Restrictions, Use of Tizen SDK, Open Source Software, Disclaimer of Warranty, Indemnification, Confidentiality, Term and Termination and General Legal Terms shall survive the expiration or termination of this Agreement for any reason. - - 10. General Legal Terms. - - 10.1 Export Compliance. Licensee is responsible for applying for and obtaining all export and import licenses and/or authorizations related to Tizen SDK or Applications, including without limitation all such licenses and authorizations required by any and all governmental bodies and/or regulatory agency. - - 10.2 Assignment. Licensee may not assign the Agreement, in whole or in part, by operation of law or otherwise, without Samsung’s prior written consent, and any attempt to do so without such consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. - - 10.3 Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea, without regard to any conflict-of-laws rules. Any and all disputes between the parties in connection with or arising out of this Agreement, which the parties are unable to resolve between themselves, shall be finally settled by arbitration. The arbitration shall be held in Seoul, Korea in accordance with the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrator(s) appointed in accordance with the said rules. The arbitration award rendered by the arbitrator(s) shall be final and binding upon the parties. - - 10.4 Amendments and No Waiver. This Agreement may be modified only by a writing signed by both parties. The failure by either party to insist upon strict performance of any of the provisions contained in this Agreement shall in no way constitute a waiver of its rights as set forth in this Agreement, at law or in equity, or a waiver of any other provisions or subsequent default by the other party in the performance or compliance with any of the terms and conditions set forth in this Agreement. If any of the provisions of the Agreement is determined to be invalid, illegal or otherwise unenforceable, such provision shall be deemed replaced by a provision which carries out the original intent and purpose of such provision to the greatest extent lawful, and the remaining provisions shall remain in full force and effect. - - 10.5 Entire Agreement. This Agreement contains the entire agreement of the parties with respect to its subject matter and supersedes all existing agreements and all other oral, written or other communications between the parties concerning this subject matter. If any provision of this Agreement (or any portion thereof) is invalid, illegal or unenforceable, the validity, legality and enforceability of the remainder of this Agreement shall not be affected or impaired. - - Last Updated January 6, 2012 +BY CLICKING THE "I AGREE" BUTTON OR BY USING ANY PART OF TIZEN SDK, YOU AGREE (ON BEHALF OF YOURSELF AND/OR YOUR COMPANY) TO THE OPEN SOURCE SOFTWARE LICENSE TERMS AND THE TIZEN SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE OPEN SOURCE SOFTWARE LICENSE TERMS OR THE TIZEN SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT, YOU MAY NOT DOWNLOAD OR USE TIZEN SDK. diff --git a/com.samsung.tizen.common.product.feature/license.html b/com.samsung.tizen.common.product.feature/license.html index e820392..8e6ed90 100644 --- a/com.samsung.tizen.common.product.feature/license.html +++ b/com.samsung.tizen.common.product.feature/license.html @@ -1,89 +1,22 @@ - + - -Tizen SOFTWARE DEVELOPMENT KIT ("SDK") LICENSE AGREEMENT + +Tizen SDK LICENSE AGREEMENT -

TIZEN SOFTWARE DEVELOPMENT KIT ("SDK") LICENSE AGREEMENT



- -BEFORE YOU ("YOU" OR "LICENSEE") USE TIZEN SDK, PLEASE READ ALL OF THE TERMS AND CONDITIONS SET OUT IN THIS TIZEN SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. YOUR USE OF TIZEN SDK IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. BY CLICKING THE "I AGREE" BUTTON OR BY USING ANY PART OF TIZEN SDK, YOU AGREE (ON BEHALF OF YOURSELF AND/OR YOUR COMPANY) TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHICH THEN COMMENCES WITH EFFECT AS A LEGAL AGREEMENT BETWEEN YOU AND SAMSUNG. IF YOU DO NOT OR CANNOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT DOWNLOAD OR USE TIZEN SDK. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS SET FORTH HEREIN, YOU MUST IMMEDIATELY CEASE USE OF TIZEN SDK.

- -1. Definitions.

- -1.1 "Affiliate" means an entity that, directly or indirectly, controls, is controlled by, or is under common control with a party to this Agreement, but only for so long as such control exists, and where "control" shall mean ownership of more than 50% of the stock or other equity interests entitled to vote for the election of directors or an equivalent governing body.

- -1.2 "Open Source Software" includes, without limitation, a software license that requires as a condition of use, modification, and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software be (a) disclosed or distributed in source code form; (b) be licensed for the purpose of making derivative works; or (c) be redistributable at no charge.

- -1.3 "Tizen Platform" means Linux operating system software developed by Samsung for use by Licensee in connection with Licensee’s development and testing.

- -1.4 "Tizen SDK" includes the documentation, software, both source code and object code, applications, sample code, simulator, tools, libraries, APIs, data, files, and materials provided by Samsung to Licensee for use in connection with Licensee’s application development, and includes any updates that may be provided by Samsung.

- -2. License Grant.

- -2.1 Subject to the terms and conditions of this Agreement, Samsung hereby grants to Licensee a royalty-free, non-exclusive, non-transferable and worldwide license to use Tizen SDK for development of applications to run on the Tizen Platform ("Application").

- -3. Restrictions.

- -3.1 Except for the limited license granted to Licensee herein, all right, title and interest in and to Tizen SDK including the concepts and technology inherent in them, Samsung trademarks, copyrights, patents, trade secrets and other intellectual property, are, and at all times shall remain, the sole and exclusive property of Samsung. Except to the extent permitted under this Agreement or by applicable law, Licensee shall not: (i) allow third parties to access or use Tizen SDK or otherwise disclose it to third parties; (ii) modify, reverse assemble, reverse compile or reverse engineer any portion of Tizen SDK; (iii) lease, rent, copy, distribute or sublicense Tizen SDK; or (iv) remove, efface or obscure any copyright notices, logos or other proprietary notices or legends included in Tizen SDK. Licensee may not use any component part of Tizen SDK owned or licensed by a third party supplier as a standalone program or in any way independent from Tizen SDK. Licensee may not load or install any of Tizen SDK onto mobile phones or any other devices, except a personal computer.

- -3.2 Samsung may extend, enhance, or otherwise modify Tizen SDK at any time without notice. If updates are made available by Samsung, the terms of this Agreement will govern such updates, unless the update is accompanied by a separate license, in which case the terms of that license will govern. Samsung is not obligated to provide any maintenance, technical or other support for Tizen SDK. Licensee acknowledges that Samsung has no express or implied obligation to announce or make available any updates to Tizen SDK.

- -4. Use of Tizen SDK.

- -4.1 By providing any comments, suggestions, improvements or any other information in connection with Tizen SDK and documentation provided to Licensee (collectively "Feedback"), Licensee grants to Samsung a worldwide, perpetual, irrevocable, sublicenseable, royalty-free license, under all of Licensee’s intellectual property rights, to copy, modify, create derivative works of, sell, import and otherwise dispose of, such Feedback.

- -4.2 Licensee’s Applications must not (i) breach any applicable laws, regulations or generally accepted practices or guidelines in the applicable jurisdictions; (ii) contain any material, component or code which could damage, destroy, unduly burden or unreasonably affect software, firmware, hardware, data, systems, services, or networks; or (iii) disable, hack or otherwise interfere with any authentication, content protection, digital signing, digital rights management, security or verification mechanisms implemented in or by Tizen platform.

- -4.3 To the best of your knowledge and belief, your Applications do not and will not violate, misappropriate, or infringe any copyright, patent, design, trademark, trade secret, privacy or publicity rights, or any proprietary, intellectual property or other legal right of Samsung or any third party

- -4.4 Licensee agrees that Licensee is solely liable for any breach of your obligations under this Agreement or any applicable laws or regulations, and for the consequences of any such breach.

- -5. Open Source Software.

- -5.1 Licensee hereby acknowledges that Tizen SDK may contain Open Source Software. Licensee agrees to review any documentation that accompanies Tizen SDK in order to determine which portions of Tizen SDK are Open Source Software and are licensed under an Open Source Software license. To the extent any such license requires that Samsung provide Developer the rights to copy, modify, distribute or otherwise use any Open Source Software that are inconsistent with the limited rights granted to Licensee in this Agreement, then such rights in the applicable Open Source Software license shall take precedence over the rights and restrictions granted in this Agreement, but solely with respect to such Open Source Software.

- -5.2 Licensee acknowledges that the Open Source Software license is solely between Licensee and the applicable licensor of the Open Source Software. Licensee shall comply with the terms of all applicable Open Source Software licenses, if any.

- -6. DISCLAIMER OF WARRANTY.

- -6.1 Tizen SDK IS PROVIDED "AS IS." SAMSUNG DOES NOT WARRANT THAT THE USE OF TIZEN SDK WILL NOT INFRINGE ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS. SAMSUNG DOES NOT WARRANT THAT TIZEN SDK IS ERROR FREE. SAMSUNG MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO TIZEN SDK, 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. NO INFORMATION OR ADVICE GIVEN BY SAMSUNG OR ITS AGENTS, EMPLOYEES, OR REPRESENTATIVES, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY REPRESENTATION OR WARRANTY.

- -6.2 TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SAMSUNG BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR FOR ANY PECUNIARY DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO LICENSEE’S GRANT OF LICENSE HEREIN, OR INABILITY TO USE TIZEN SDK, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF TIZEN SDK, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

- -7. Indemnification.

- -7.1 To the extent permitted by law, Licensee agrees to indemnify, defend and hold harmless Samsung, its Affiliates, directors, officers, employees, independent contractors and agents (each a "Samsung Indemnified Party") from any and all claims, losses, liabilities, damages, expenses and costs (including without limitation attorneys fees and court costs) (collectively "Losses") incurred by a Samsung Indemnified Party as a result of: (i) Licensee breach of this Agreement; (ii) any claims that Licensee’s distribution, sale, offer for sale, use or importation of Tizen SDK violate or infringe any third party intellectual property or proprietary rights; and/or (iii) otherwise related to or arising from Licensee’s use of Tizen SDK, Licensee’s development, modification and distribution of Applications.

- -8. Confidentiality.

- -8.1 Licensee acknowledges and agrees that Tizen SDK was developed at considerable time and expense by Samsung and contains valuable trade secrets and confidential information of Samsung. Accordingly, Licensee agrees to maintain Tizen SDK in confidence and except as expressly provided in Section 2, Licensee (i) will not disclose or provide access thereto to any person, or (ii) use Tizen SDK for any purpose not expressly authorized hereby, or permit or authorize any other person to do so.

- -8.2 The restriction herein shall not apply to the extent that such information is in the public domain or hereafter falls into the public domain through no fault of the Licensee. Any combination of Samsung trade secrets and information that forms part of Tizen SDK shall not be deemed to be public merely because individual parts of Tizen SDK are in the public domain, unless the combination itself is in the public domain.

- -9. Term and Termination.

- -9.1 Term. The term of this Agreement shall commence as of your acceptance of the terms of this Agreement or your use of Tizen SDK and continue until terminated by either party as provided herein.

- -9.2 Termination. Licensee may terminate this Agreement simply by ceasing Licensee’s use of Tizen SDK. Samsung may terminate this Agreement (i) at any time for any or no reason upon 30 days prior written notice to you or (ii) immediately upon written notice to Licensee if Licensee has materially breached this Agreement.

- -9.3 Effect of Termination. Upon termination of this Agreement: (a) all license rights granted in this Agreement will terminate; (b) Licensee shall promptly stop the distribution of Tizen SDK and destroy all electronic copies of Tizen SDK and/or return Tizen SDK to Samsung. The Sections entitled Restrictions, Use of Tizen SDK, Open Source Software, Disclaimer of Warranty, Indemnification, Confidentiality, Term and Termination and General Legal Terms shall survive the expiration or termination of this Agreement for any reason.

- -10. General Legal Terms.

- -10.1 Export Compliance. Licensee is responsible for applying for and obtaining all export and import licenses and/or authorizations related to Tizen SDK or Applications, including without limitation all such licenses and authorizations required by any and all governmental bodies and/or regulatory agency.

- -10.2 Assignment. Licensee may not assign the Agreement, in whole or in part, by operation of law or otherwise, without Samsung’s prior written consent, and any attempt to do so without such consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

- -10.3 Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea, without regard to any conflict-of-laws rules. Any and all disputes between the parties in connection with or arising out of this Agreement, which the parties are unable to resolve between themselves, shall be finally settled by arbitration. The arbitration shall be held in Seoul, Korea in accordance with the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrator(s) appointed in accordance with the said rules. The arbitration award rendered by the arbitrator(s) shall be final and binding upon the parties.

- -10.4 Amendments and No Waiver. This Agreement may be modified only by a writing signed by both parties. The failure by either party to insist upon strict performance of any of the provisions contained in this Agreement shall in no way constitute a waiver of its rights as set forth in this Agreement, at law or in equity, or a waiver of any other provisions or subsequent default by the other party in the performance or compliance with any of the terms and conditions set forth in this Agreement. If any of the provisions of the Agreement is determined to be invalid, illegal or otherwise unenforceable, such provision shall be deemed replaced by a provision which carries out the original intent and purpose of such provision to the greatest extent lawful, and the remaining provisions shall remain in full force and effect.

- -10.5 Entire Agreement. This Agreement contains the entire agreement of the parties with respect to its subject matter and supersedes all existing agreements and all other oral, written or other communications between the parties concerning this subject matter. If any provision of this Agreement (or any portion thereof) is invalid, illegal or unenforceable, the validity, legality and enforceability of the remainder of this Agreement shall not be affected or impaired.

- - -Last Updated January 6, 2012

+

Tizen SDK



+ +Tizen SDK contains software portions licensed under various open source licenses as well as proprietary components. All open source software portions (“Open Source Software”) are licensed under the open source licenses that accompany such Open Source Software.

+ +The licenses governing the Open Source Software are available at: http://developer.tizen.org/download/tizen_sdk_opensource_license.html

+ +Except for the Open Source Software contained in Tizen SDK, all other software portions contained in Tizen SDK are governed by the terms and conditions of the Tizen Software Development Kit License Agreement, available at: http://developer.tizen.org/download/samsung_sdk_license.html

+ +You may access and download Tizen SDK Open Source Software at: http://developer.tizen.org/download/tizenopensdk.tar.gz

+ +BY CLICKING THE "I AGREE" BUTTON OR BY USING ANY PART OF TIZEN SDK, YOU AGREE (ON BEHALF OF YOURSELF AND/OR YOUR COMPANY) TO THE OPEN SOURCE SOFTWARE LICENSE TERMS AND THE TIZEN SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE OPEN SOURCE SOFTWARE LICENSE TERMS OR THE TIZEN SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT, YOU MAY NOT DOWNLOAD OR USE TIZEN SDK.

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