sysorb-agent ebuild - x86 only for now

svn path=/ebuilds/; revision=75

1 files changed, 245 insertions, 0 deletions

diff --git a/licenses/SysorbAgent b/licenses/SysorbAgent
new file mode 100644
index 0000000..1c3033e
--- /dev/null
+++ b/licenses/SysorbAgent
@@ -0,0 +1,245 @@
+
+  End-User License Agreement for Evalesco(TM) Software Products and Upgrades
+
+   1. Parties to the Agreement / The Subject Matter of the Agreement
+   1.1 This is a non-exclusive, legally binding Evalesco End-User License
+   Agreement (hereinafter referred to as "EULA") between Evalesco A/S,
+   CVR/VAT no. DK10073618, Denmark (hereinafter referred to as
+   "Evalesco"), and you (hereinafter referred to as "End-User" (either an
+   individual or a legal entity)). By installing, copying, accessing,
+   downloading or otherwise using the Products, you agree to be bound by
+   the terms of this EULA.
+   1.2 The subject matter of this EULA is the licensing to End-User of
+   the software products delivered by Evalesco (hereinafter referred to
+   as the "Products"). The Products are licensed, not sold.
+   2. End-User's Rights and Obligations
+   2.1 End-User may use the licensed Products only for their intended
+   purpose. End-User may only use each license key for one (1)
+   installation at a time.
+   2.2 If the Products are marked as Demonstration or Trial versions,
+   End-User is only entitled to use the Products for their intended
+   purpose and only for the limited period for which it was issued (e.g.
+   30-day trial license etc.). Any deviation from this section requires
+   prior written consent from authorized personnel of Evalesco.
+   2.3 End-User shall pay for the Products in accordance with the
+   Agreement between End-User and Evalesco or an authorized Evalesco
+   Reseller.
+   2.4 End-User may not sub-license, rent, lease or lend the Products. A
+   separate agreement for Service Providers that wish to resell the
+   Products as a web-based service is available on request.
+   2.5 It is End-User's responsibility to secure that any possible
+   hosting provider or other pertinent third party accepts and obeys the
+   terms of this EULA on behalf of the End-User. Such third party may
+   only accept this EULA on behalf of the End-User with prior written
+   consent from the End-User. Evalesco can at any time demand the third
+   party to present written authorization from the End-User.
+   2.6 End-User grants to Evalesco permission to use the End-User's
+   company name, logos and other trademarked material in Evalesco
+   promotional materials, except if prohibited or limited explicitly in a
+   separate agreement.
+   3. Evalesco's Rights and Obligations
+   3.1 Evalesco shall render support services to End-User only in case
+   authorized Evalesco Reseller has not fulfilled an obligation to render
+   agreed support services to End-User or if Evalesco deems this to be
+   necessary (e.g. in case of direct sales to End-User). With respect to
+   technical information that End-User provides to Evalesco or to
+   authorized Evalesco Reseller as part of the support services, Evalesco
+   may use such information for its business purposes, including for
+   product support and development. Evalesco shall under no circumstances
+   utilize such technical information in a form that identifies End-User,
+   unless separate written agreement states otherwise. Any supplemental
+   software code provided to End-User as part of the support services
+   shall be considered part of the Products and subject to the terms and
+   conditions of this EULA.
+   3.2 Evalesco or Authorized Reseller shall receive reasonable payment
+   for any support services rendered under section 3.1.
+   3.3 Section 3.2 does not apply in case the End-User is covered by a
+   valid Upgrade & Service Subscription Agreement purchased from Evalesco
+   or Authorized Reseller.
+   4. Evalesco Authorized Reseller's Right to Sub-license the Products
+   4.1 Your Evalesco Authorized Reseller may make a one-time transfer of
+   the license to the Products only directly to an end-user (or a Service
+   Provider upon separate agreement). Such transfer may not be by way of
+   consignment or any other indirect transfer. End-User agrees to comply
+   with the terms of this EULA, including the obligation not to further
+   transfer this EULA and Products, cf. section 2.4.
+   5. Duplication Rights / Back-Up Copy
+   5.1 End-User may make copies of the Products to the extent that such
+   activity is permitted under mandatory statutory applicable law.
+   5.2 After installation of the Product(s) pursuant to this EULA you may
+   keep a copy on the original media on which the Products were
+   stored/provided and a copy for back-up and archival purposes.
+   5.3 The rights granted in section 5 of this EULA do not include the
+   rights to use one (1) license key for several installations at a time,
+   cf. section 2.1.
+   6. Reverse Engineering, De-Compilation, Disassembly, and Decoding
+   6.1 End-User or Reseller may not reverse engineer, de-compile,
+   disassemble or decode the Products, except and only to the extent such
+   activity is expressly permitted under mandatory statutory applicable
+   law.
+   7. Trademarks
+   7.1 This EULA does not grant End-User any rights in connection with
+   any trademarks or service marks of Evalesco or Authorized Reseller or
+   other suppliers of the Products.
+   8. Upgrades and Support
+   8.1 Products identified as upgrades (major) or updates (minor) replace
+   and/or supplement the licensed Products.
+   8.2 End-User is only entitled to licenses to upgrades if End-User is
+   covered by a valid Upgrade & Service Agreement with Evalesco or
+   Authorized Reseller. End-User may use the upgraded Products only in
+   accordance with the terms of this EULA.
+   8.3 End-User is only entitled to technical support (only via telephone
+   and/or internet) if End-User has a valid Upgrade & Service Agreement
+   with Evalesco or Authorized Reseller.
+   8.4 End-User is entitled to access the web site of Evalesco and its
+   support contents and documentation by means of user registration and
+   log-in.
+   9. Copyright
+   9.1 The Products are protected by copyright laws and international
+   copyright treaties, as well as other intellectual property laws and
+   treaties.
+   9.2 All title and intellectual property rights in and to the Products
+   (including but not limited to any images, photographs, animations,
+   video, audio, music, text, and "applets" incorporated into the
+   Products), the accompanying printed or on-line materials, and any
+   copies of the Products are owned by Evalesco, Authorized Resellers or
+   Evalesco suppliers. All rights not expressly granted are reserved by
+   Evalesco.
+   10. Limited Warranty
+   10.1 Evalesco warrants that the Products will perform substantially in
+   accordance with the accompanying written materials for a period of 360
+   (three-hundred-and-sixty) days from the date of receipt/invoice.
+   11. Disclaimer and Other Warranties
+   11.1 The limited warranty, cf. section 10, is the only express
+   warranty made to End-User and is provided in lieu of any other express
+   warranties (if any) created by any documentation. Except for the
+   limited warranty, and to the maximum extent permitted under mandatory
+   statutory applicable law, Evalesco and Authorized Reseller provide the
+   Products "as is", and hereby disclaim all other warranties and
+   conditions, either express, implied or statutory, including, but not
+   limited to, any (if any) implied warranties or conditions of
+   merchantability, of fitness for a particular purpose, of lack of
+   viruses, of accuracy or completeness of responses, of results, and of
+   lack of negligence or lack of workmanlike effort, all with regard to
+   the Products, and the provision of or failure to provide support
+   services. Also, there is no warranty or condition of title, quiet
+   enjoyment, quiet possession, correspondence to description or
+   non-infringement with regard to the Products.
+   12. End-User's Exclusive Remedy and Evalesco's Entire Liability
+   12.1 End-User's exclusive remedy and Evalesco's entire liability, cf.
+   also section 14, shall be, at Evalesco's option from time to time,
+   either:
+   (a) return of the price paid (if any), or
+   (b) repair or replacement of the Products that do not meet the Limited
+   Warranty.
+   12.2 End-User will receive the remedy elected by Evalesco without
+   charge, except in the event that End-User is responsible for any
+   expenses that End-User may incur.
+   12.3 This Limited Warranty is void if failure of the Products is a
+   result of accident, abuse, misapplication, abnormal use or a virus.
+   13. Limitation of Liability. Exclusion of Incidental, Consequential
+   and Certain Other Damages
+   13.1 To the maximum extent permitted under mandatory statutory
+   applicable law Evalesco shall in no event be liable for any special,
+   incidental, indirect, or consequential damages whatsoever (including,
+   but not limited to, damages for loss of profits or confidential or
+   other information, for business interruption, for personal injury, for
+   loss of privacy, for failure to meet any duty including of good faith
+   or of reasonable care, for negligence, and for any other pecuniary or
+   other loss whatsoever) arising out of or in any way related to the use
+   of or inability to use the Products, or other obligations under or in
+   connection with any provision of this EULA, even in the event of the
+   fault, tort (including negligence), strict liability, breach of
+   contract or breach of warranty of Evalesco or any supplier, and even
+   if Evalesco or any supplier has been advised of the possibility of
+   such damages.
+   14. Termination
+   14.1 Without prejudice to any other rights, Evalesco may terminate
+   this EULA if End-User fails to comply with the terms and conditions of
+   this EULA. In such event, End-User must destroy all copies of the
+   Products.
+   14.2 End-User may terminate End-User's license at any time. If
+   End-User does so, all End-User's licenses to the Products are
+   terminated and any use of the Products shall discontinue, and End-User
+   must destroy all copies of the Products.
+   15. Venue and Applicable Law
+   15.1 All disputes arising under this EULA shall be dealt with only by
+   The Maritime and Commercial Court (Sų- og Handelsretten) of Denmark
+   and in accordance with Danish law without reference to its choice of
+   law provisions or The Conventions on the International Sale of Goods
+   (CISG).
+
+  Upgrade & Service Subscription Agreement for Evalesco Software Products,
+  Upgrades and Service
+
+   1. Preamble
+   1.1 This Upgrade & Service Subscription Agreement (hereinafter
+   referred to as the U&S Agreement) lays down the extent to which
+   Evalesco shall perform upgrades, cf. section 2.1, as well as the
+   content of such Upgrades.
+   2. Definition
+   2.1 An Upgrade shall be construed as an upgrade of a part of the
+   Product(s) delivered by Evalesco, which Product(s) contain(s) new
+   technology and/or functionality. In terms of versioning numbers, an
+   Upgrade is defined by a change of the X.Y ciphers in the total X.Y.Z
+   Product versioning number, while a change in the Z cipher indicates a
+   product update only, available to all End-Users of the given X.Y
+   version.
+   3. End-User's Rights and Obligations
+   3.1 End-User is entitled to download, install and use all Upgrades
+   implemented (released) throughout this U&S Agreement period, and shall
+   therefore have access to Upgrade license keys accordingly.
+   3.2 End-User is entitled to receive a reasonable amount of Service
+   (technical support via telephone or internet) from Evalesco or
+   Authorized Reseller throughout this U&S Agreement period without
+   further charge. Service exceeding reasonable amounts shall be charged
+   according to Evalesco's or Authorized Reseller's current conditions,
+   respectively.
+   3.3 End-User shall render any required and reasonable assistance to
+   Evalesco in connection with implementation of Upgrades.
+   3.4 End-User is not entitled to assign its rights and obligations
+   under this Agreement.
+   4. Evalesco's Rights and Obligations
+   4.1 Evalesco shall develop and implement (release) at least two (2)
+   annual Upgrades, cf. section 2.1.
+   4.2 Evalesco or Authorized Reseller shall provide the Service, cf.
+   section 3.2, during its office hours (for Evalesco: 9.00am through
+   16.30pm GMT+1). Service is generally not available during public
+   holidays.
+   5. Payment
+   5.1 The annual U&S Agreement fee is listed in the current pricelists
+   of Evalesco or in a separate agreement.
+   5.2 The U&S Agreement is mandatory for the first year (running 12
+   months) after the first and initial purchase of the Products. The U&S
+   Agreement will enter into effect from the 1st of the month following
+   the date of invoice of the first and initial purchase of the Products.
+   The U&S Agreement is optional for the following U&S Agreement periods.
+   5.3 The amount due is charged every year on the day and month of the
+   start of the U&S Agreement (the 1st day of the given month). The terms
+   of payment are 8 days net from the date of invoice.
+   5.4 Overdue outstanding amounts will be charged with an interest
+   equivalent to the discount rate (according to the National Bank of
+   Denmark) + 6% from the due date until the payment is effectuated.
+   5.5 Evalesco will make efforts not to alter the amount of the annual
+   payment. However, Evalesco is entitled to alter the amount of the
+   annual payment by three (3) months prior written notice, in which
+   event End-User is entitled to terminate the U&S Agreement with
+   immediate effect.
+   6. Breach
+   6.1 If End-User is in material breach of its obligations under this
+   U&S Agreement or under the End-User License Agreement for Evalesco
+   Software Products and Upgrades (EULA), Evalesco is entitled to
+   terminate the U&S Agreement immediately. In such event End-User is not
+   entitled to have any advance payment reimbursed pursuant to section
+   5.3.
+   7. Termination
+   7.1 End-User is entitled to terminate this U&S Agreement by three (3)
+   months notice with effect from the end of the current U&S Agreement
+   period.
+   7.2 Evalesco is entitled to terminate this U&S Agreement by three (3)
+   months notice from time to time. In such event, however, End-User is
+   entitled to have a proportionate part of the advance payment
+   reimbursed.
+   8. Other Provisions
+   8.1 The use of the Upgraded Products are subject to the EULA, cf. EULA
+   section 8.2, also including sections 13 and 15.