summaryrefslogtreecommitdiff
diff options
context:
space:
mode:
authorBenedikt Böhm <bb@xnull.de>2010-10-25 12:45:11 +0200
committerBenedikt Böhm <bb@xnull.de>2010-10-25 12:45:11 +0200
commitccedb518bd49effdf5154d2760b99581cec629a5 (patch)
tree65ebf51e9177b135aa8eb6f2fee8bb45b59f935a /licenses
parentsys-apps/dbus-9999: Add to package.mask (diff)
downloadbetagarden-ccedb518bd49effdf5154d2760b99581cec629a5.tar.gz
betagarden-ccedb518bd49effdf5154d2760b99581cec629a5.tar.bz2
betagarden-ccedb518bd49effdf5154d2760b99581cec629a5.zip
add net-analyzer/splunk
Diffstat (limited to 'licenses')
-rw-r--r--licenses/splunk-eula288
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.
+