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author | 2010-10-25 12:45:11 +0200 | |
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committer | 2010-10-25 12:45:11 +0200 | |
commit | ccedb518bd49effdf5154d2760b99581cec629a5 (patch) | |
tree | 65ebf51e9177b135aa8eb6f2fee8bb45b59f935a /licenses | |
parent | sys-apps/dbus-9999: Add to package.mask (diff) | |
download | betagarden-ccedb518bd49effdf5154d2760b99581cec629a5.tar.gz betagarden-ccedb518bd49effdf5154d2760b99581cec629a5.tar.bz2 betagarden-ccedb518bd49effdf5154d2760b99581cec629a5.zip |
add net-analyzer/splunk
Diffstat (limited to 'licenses')
-rw-r--r-- | licenses/splunk-eula | 288 |
1 files changed, 288 insertions, 0 deletions
diff --git a/licenses/splunk-eula b/licenses/splunk-eula new file mode 100644 index 0000000..a15e2fe --- /dev/null +++ b/licenses/splunk-eula @@ -0,0 +1,288 @@ +SPLUNK INC. + +SOFTWARE LICENSE AGREEMENT + +THIS SPLUNK SOFTWARE LICENSE AGREEMENT (THE "AGREEMENT") GOVERNS ALL SOFTWARE +PROVIDED BY SPLUNK INC. ("SPLUNK") INCLUDING FREE SPLUNK SOFTWARE ("FREE +SOFTWARE") AND SOFTWARE PURCHASED THROUGH SPLUNK'S ONLINE STORE OR OTHER +CHANNELS ("PURCHASED SOFTWARE"), COLLECTIVELY THE SPLUNK SOFTWARE ("SOFTWARE") +AND ANY AND ALL UPDATES, UPGRADES, AND MODIFICATIONS THERETO. CONFIRMATION OF +YOUR ORDERS ("ORDER CONFIRMATION") WILL BE DEEMED INCORPORATED INTO AND MADE +PART OF THIS AGREEMENT. + +YOU WILL BE REQUIRED TO INDICATE YOUR AGREEMENT TO THESE TERMS AND CONDITIONS IN +ORDER TO DOWNLOAD THE SOFTWARE AND REGISTER WITH SPLUNK IN ORDER TO OBTAIN +LICENSE KEYS NECESSARY TO COMPLETE THE INSTALLATION PROCESS FOR PURCHASED +SOFTWARE. BY CLICKING ON THE "YES" BUTTON, DOWNLOADING OR INSTALLING THE +SOFTWARE, OR USING ANY MEDIA THAT CONTAINS THE SOFTWARE, YOU ARE CONSENTING TO +BE BOUND BY THIS AGREEMENT. + +IF YOU AGREE TO THESE TERMS ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT +THAT YOU HAVE AUTHORITY TO BIND THAT BUSINESS TO THIS AGREEMENT, AND YOUR +AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN +THAT EVENT, "YOU" AND "YOUR" REFER HEREIN TO THAT BUSINESS. + + "Splunk Developer API" means the documentation and functionality enabling the + creation of extensions to the Software. "Example Modules" means the source code + and binary form of examples that use the Splunk Developer API. + + PURCHASED SOFTWARE TERM. Unless earlier terminated, this Agreement will be in + effect perpetually for any Purchased Software. "Term" means the period in which + the Agreement is in effect. + + PURCHASED SOFTWARE FREE TRIAL. Notwithstanding the foregoing, if the applicable + Order Confirmation is limited to a free trial license, then the Term will be + limited to the free trial period specified in the Order Confirmation, this + Agreement and any license rights granted hereunder will automatically terminate + at the end of the free trial period, and there will be no Renewal Term. Any + license keys provided for a free trial will automatically expire and may cause + the Software to become non-operational at the end of the free trial period. + Provisions in this Agreement regarding License Fees, Maintenance and Support, + and Warranty will not apply to free trials. + + PURCHASED SOFTWARE LICENSE. Subject to your compliance with the terms and + conditions of this Agreement, including your payment of the license fees set + forth in each Order Confirmation (the "License Fees"), Splunk grants you a + nonexclusive, nontransferable, revocable, limited license during the Term to + use the Software for which you have paid the applicable License Fees as set + forth in your Order Confirmation(s), only for your internal business purposes + (which shall include use by consultants, accountants, auditors and attorneys + hired to perform services for you) and only subject to the following + conditions: you may use each Splunk Server with an Enterprise license to index + no more than the peak daily volume of uncompressed data for which you have paid + the applicable License Fees as set forth in your Order Confirmation (the + "Maximum Peak Daily Volume"). The Software will be configured to display + warnings and/or cease indexing data when the Maximum Peak Daily Volume is + reached. + + FREE SOFTWARE LICENSE. Subject to the terms and conditions of this Agreement, + Splunk grants to You a non-exclusive, worldwide, fully-paid up copyright + license to use, copy, and distribute the Free Splunk Software in binary form + only and only subject to the following conditions: (i) to index no more than + 500MB of peak daily volume of uncompressed data (the 'Maximum Peak Daily + Volume'). The Software will be configured to display warnings, reduce available + functionality, and/or cease indexing data when the Maximum Peak Daily Volume is + reached. Splunk further grants to You a non-exclusive, worldwide, fully-paid up + copyright license to use the Splunk Developer API and Example Modules included + with the Free Software to develop extensions for the Free Software by adding + your own source code and recompiling (collectively, "Your Extensions"). You + agree to assume full responsibility for the performance of the Free Software + modified in this way, and shall indemnify, hold harmless, and defend Splunk + (including all of its officers, employees, directors, subsidiaries, + representatives, affiliates and agents) and Splunk's suppliers from and against + any claims or lawsuits, including attorney's fees and expenses, that arise or + result from Your distribution of the Free Software and/or Your Extensions + pursuant to this Agreement. You retain title to and copyright for Your + Extensions, subject to Splunk's title to and copyright for the Free Software, + the Splunk Developer API, and the Example Modules as specified in Ownership and + Copyrights, below. You agree that You will include this Agreement with any copy + of the Free Software made or distributed by You, and that you will not charge + any fee or receive any other consideration in exchange for any distribution of + or rights to use Your Extensions. If you want to make any commercial use of + Your Extensions you must first enter into a separate agreement with Splunk for + such purpose. + + PURCHASED SOFTWARE RESTRICTIONS. You agree not to (i) use the Software except + as expressly authorized in this Agreement and your Order Confirmation; (ii) + copy the Software (except as required to run the Software and for reasonable + backup purposes); (iii) modify, adapt, or create derivative works of the + Software; (iv) rent, lease, loan, resell, transfer, sublicense (including but + not limited to offering any of the functionality of the Software on a service + provider, hosted, cloud, software as a service, managed service or time sharing + basis) or distribute the Software to any third party; (v) decompile, + disassemble or reverse-engineer the Software or otherwise attempt to derive the + Software source code; (vi) disclose to any third party the results of any + benchmark tests or other evaluation of the Software, or (vii) authorize any + third parties to do any of the above. + + FREE SOFTWARE RESTRICTIONS. You shall not (i) decompile, disassemble or + reverse engineer or otherwise attempt to discover the source code of the Free + Software without the express written authorization of Splunk; (ii) modify, + adapt, or create derivative works of the Free Software; (iii) rent, lease, + loan, assign, transfer, resell, sublicense or otherwise commercially exploit in + any way the Free Software, the Splunk Developer API, Example Module (including + but not limited to offering the functionality of the Free Software on an + applications service provider, hosted, cloud, software as a service or time + sharing basis) or distribute the Free Software to any third party; (iv) use + the Free Software in order create competitive software products or + applications, create an application or software product using similar ideas, + features, functions or graphics of the Free Software: (v) decompile, + disassemble or reverse-engineer the Software or otherwise attempt to derive the + Software source code (vi) copy any ideas, features, functions or graphics of + the Free Software; (vii) disclose to any third party the results of any + benchmark tests or other evaluation of the Software; or (viii) authorize any + third parties to do any of the above. You have no rights to the Free Software + unless specifically granted to you by Splunk in this Agreement. + + OWNERSHIP. Splunk and/or its licensors own all worldwide right, title and + interest in and to the Software, including all worldwide intellectual property + rights therein. You will not delete or in any manner alter the copyright, + trademark, and other proprietary rights notices appearing in or on the Software + as provided. All right, title, and interest in and to all copies the Splunk + Developer API, and the Example Modules remains with Splunk and/or its + licensors. The Software, Splunk Developer API, and Example Modules are + copyrighted and protected by the laws of the United States and other countries, + and international treaty provisions. You may not remove any copyright notices + from the Software, the Splunk Developer API, or the Example Modules. + + PURCHASED SOFTWARE LICENSE AND FEES. In order to access and use the Software, + you are required to pay to Splunk the License Fees in accordance with your + Order Confirmation. The License Fees will be due and payable in accordance with + the terms set forth in your Order Confirmation. Any failure to pay the License + Fees in accordance with an Order Confirmation will result in automatic + revocation and termination of this Agreement and all rights and licenses + granted hereunder. All License Fees are non-refundable once paid. + + MAINTENANCE AND SUPPORT. Subject to your payment of the applicable annual + maintenance and support fees set forth in your Order Confirmation (the "Support + Fees"), Splunk will provide the level of support for the Purchased Software + identified in your Order Confirmation in accordance with the support + descriptions set forth on Splunk's website at www.splunk.com. Splunk is not + obligated to support, update or upgrade the Free Software. + + PURCHASED SOFTWARE VERIFICATION AND AUDIT. At Splunk's written request, you + will furnish Splunk with a certification signed by an officer of your company + verifying that the Software is being used in accordance with the terms and + conditions of this Agreement and the applicable Order Confirmations. Upon at + least ten (10) days prior written notice, Splunk may audit your use of the + Software to ensure that you are in compliance with the terms of this Agreement + and the applicable Orders. Any such audit will be conducted during regular + business hours at your facilities, will not unreasonably interfere with your + business activities and will be in compliance with your reasonable security + procedures. You will provide Splunk with access to the relevant records and + facilities. If an audit reveals that you have exceeded the daily peak volume + during the period audited, then Splunk will invoice you, and you will promptly + pay Splunk any underpaid fees based on Splunk's price list in effect at the + time the audit is completed. If the daily peak volume usage exceeds ten percent + (10%) of the licensed usage, then you will also pay Splunk's reasonable costs + of conducting the audit. + + PURCHASED SOFTWARE WARRANTY. Splunk warrants that for a period of thirty (30) + days after your registration of the Software with Splunk, the Software will + substantially achieve any material function described in documentation for the + Software published by Splunk. As Splunk's sole liability and your sole remedy + for any failure of the Software to conform to this warranty, Splunk will repair + or replace (at Splunk's option) your copy of the Software. + + WARRANTY DISCLAIMER. EXCEPT AS SET FORTH ABOVE, SPLUNK DISCLAIMS ANY AND ALL + WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED + WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, + NONINFRINGEMENT, QUIET ENJOYMENT AND WARRANTIES ARISING OUT OF COURSE OF + DEALING OR USAGE OF TRADE. Splunk does not warrant (i) that the Software, + developer’s API'S or example modules will meet your requirements, (ii) that the + Software will operate in the combinations that you may select, (iii) that the + Software will serve the purposes intended by you, or (iv) that the operation of + the Software will be error free or uninterrupted or that any Software errors + will be corrected. + + LIMITATION OF LIABILITY. SPLUNK'S TOTAL CUMULATIVE LIABILITY TO YOU, FROM ALL + CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT + EXCEED THE AMOUNTS PAID BY YOU TO SPLUNK IN THE TWELVE MONTHS PRIOR TO THE + EVENT GIVING RISE TO SUCH LIABILITY. IN NO EVENT WILL SPLUNK BE LIABLE TO YOU + FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES + (INCLUDING LOSS OF USE, DATA, OR PROFITS, BUSINESS INTERRUPTION, OR COSTS OF + PROCURING SUBSTITUTE SOFTWARE) ARISING OUT OF OR IN CONNECTION WITH THIS + AGREEMENT OR THE USE OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY + ARISES FROM CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY + OR OTHERWISE, AND WHETHER OR NOT SPLUNK HAS BEEN ADVISED OF THE POSSIBILITY OF + SUCH LOSS OR DAMAGE. THE PARTIES HAVE AGREED THAT THESE LIMITATIONS WILL + SURVIVE AND APPLY EVEN IF ANY REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL + PURPOSE. WITHOUT LIMITING THE FOREGOING, SPLUNK WILL HAVE NO LIABILITY OR + RESPONSIBILITY FOR ANY BUSINESS INTERRUPTION OR LOSS OF DATA ARISING FROM THE + AUTOMATIC TERMINATION OF THE LICENSE RIGHTS GRANTED HEREIN AND ANY ASSOCIATED + CESSATION OF THE SOFTWARE FUNCTIONS. BECAUSE SOME STATES OR JURISDICTIONS DO + NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE + ABOVE LIMITATION MAY NOT APPLY TO YOU. + + PURCHASED SOFTWARE INDEMNITY. Splunk will defend, indemnify and hold you + harmless from and against any loss, damage, liability or cost (including + reasonable attorneys' fees) resulting from any third party claim that the + Purchased Software infringes or violates any third party's patent, copyright or + trademark rights; provided that you promptly notify Splunk in writing of any + and all such claims. In the event of any loss, damage, liability or cost for + which Splunk is obligated to indemnify you hereunder, Splunk shall have sole + control of the defense and all related settlement negotiations, and you shall + reasonably cooperate with Splunk in the defense and/or settlement thereof at + Splunk's expense; provided that you may participate in such defense using your + own counsel, at your own expense. + + TERMINATION. You may terminate this Agreement at any time by destroying or + returning to Splunk all copies of the Software, including any documentation, in + your possession and control, and providing to Splunk a written statement signed + by an authorized representative of your company notifying Splunk that you are + terminating the Agreement and certifying such destruction or return. Upon + thirty days notice, Splunk may terminate this Agreement (and your license + rights) upon notice in the event that you breach any provision of this + Agreement and have not cured the breach during such notice period. Upon any + expiration or termination of this Agreement, the rights and licenses granted + hereunder will automatically terminate, and you agree to immediately cease + using the Software and to return or destroy all copies of the Software in your + possession or control. In the event of termination of this Agreement, Splunk + will have no obligation to refund any License Fees, Support Fees, or other fees + received from you during the Term. All provisions of this Agreement related to + disclaimers of warranties, limitation of liability, remedies, damages, or + Splunk's proprietary rights shall survive termination. + + SEVERABILITY. All rights and remedies, whether conferred hereunder or by any + other instrument or law, will be cumulative and may be exercised singularly or + concurrently. Failure by either Splunk or You to enforce any term will not be + deemed a waiver of future enforcement of that or any other term. The terms and + conditions stated herein are declared to be severable. Should any term(s) or + condition(s) of this Agreement be held to be invalid or unenforceable the + validity, construction and enforceability of the remaining terms and conditions + of this Agreement shall not be affected. + + EXPORT. You agree to comply fully with all relevant export laws and regulations + of the United States ("Export Laws") to ensure that the Software is not (i) + exported or re-exported directly or indirectly in violation of Export Laws; or + (ii) intended to be used for any purposes prohibited by the Export Laws, + including but not limited to nuclear, chemical, or biological weapons + proliferation. + + GOVERNMENT RESTRICTED RIGHTS. The Software shall be classified as "commercial + computer software" as defined in the applicable provisions of the Federal + Acquisition Regulation (the "FAR") and supplements thereto, including the + Department of Defense (DoD) FAR Supplement (the "DFARS"). The parties + acknowledge that the Software was developed entirely at private expense and + that no part of the Software was first produced in the performance of a + Government contract. If the Software is supplied for use by DoD, the Software + is delivered subject to the terms of this Agreement and in accordance with + DFARS 227.7202-1(a) and 227.7202-3(a) (1995), with restricted rights in + accordance with DFARS 252.227-7013(c)(1)(ii) (OCT 1988), as applicable. If the + Software is supplied for use by a Federal agency other than DoD, the Software + is restricted computer software delivered subject to the terms of this + Agreement and FAR 12.212(a) (1995); (ii) FAR 52.227-19; or FAR 52.227-14(ALT + III), as applicable. + + PUBLICITY. You agree that Splunk may identify you as a Splunk customer on + Splunk websites, client lists, press releases, and/or other marketing. You + also agree that Splunk may publish a brief description highlighting your + deployment of the Software. + + GENERAL. This Agreement shall be governed by and construed in accordance with + the laws of the State of California, as if performed wholly within the state + and without giving effect to the principles of conflict of law. Any legal + action or proceeding arising under this Agreement will be brought exclusively + in the federal or state courts located in the Northern District of California + and the parties hereby consent to personal jurisdiction and venue therein. If + any portion hereof is found to be void or unenforceable, the remaining + provisions of this Agreement shall remain in full force and effect. Neither + party may assign this Agreement, in whole or in part, except in connection with + an internal reorganization or a sale of the business with which this Agreement + is associated without Splunk's prior written consent, and any attempt to assign + this Agreement other than as permitted above will be null and void. This + Agreement is intended for the sole and exclusive benefit of the parties and is + not intended to benefit any third party. Only the parties to this Agreement may + enforce it. This Agreement and any Order Confirmations constitute the complete + and exclusive understanding and agreement between the parties regarding their + subject matter and supersede all prior or contemporaneous agreements or + understandings, written or oral, relating to their subject matter. Any waiver, + modification or amendment of any provision of this Agreement will be effective + only if in writing and signed by duly authorized representatives of both + parties. + + EACH PARTY SIGNING BELOW REPRESENTS AND WARRANTS THAT THEY HAVE THE AUTHORITY + TO BIND THAT BUSINESS TO THIS AGREEMENT, AND THEIR AGREEMENT TO THESE TERMS + WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, "YOU" AND + "YOUR" REFER HEREIN TO THAT BUSINESS. + |