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diff --git a/omnibus/resources/chef/pkg/license.html.erb b/omnibus/resources/chef/pkg/license.html.erb index 21b7991abf..a4fc95c80a 100644 --- a/omnibus/resources/chef/pkg/license.html.erb +++ b/omnibus/resources/chef/pkg/license.html.erb @@ -1,202 +1,243 @@ - Apache License - Version 2.0, January 2004 - http://www.apache.org/licenses/ - - TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION - - 1. Definitions. - - "License" shall mean the terms and conditions for use, reproduction, - and distribution as defined by Sections 1 through 9 of this document. - - "Licensor" shall mean the copyright owner or entity authorized by - the copyright owner that is granting the License. - - "Legal Entity" shall mean the union of the acting entity and all - other entities that control, are controlled by, or are under common - control with that entity. For the purposes of this definition, - "control" means (i) the power, direct or indirect, to cause the - direction or management of such entity, whether by contract or - otherwise, or (ii) ownership of fifty percent (50%) or more of the - outstanding shares, or (iii) beneficial ownership of such entity. - - "You" (or "Your") shall mean an individual or Legal Entity - exercising permissions granted by this License. - - "Source" form shall mean the preferred form for making modifications, - including but not limited to software source code, documentation - source, and configuration files. - - "Object" form shall mean any form resulting from mechanical - transformation or translation of a Source form, including but - not limited to compiled object code, generated documentation, - and conversions to other media types. - - "Work" shall mean the work of authorship, whether in Source or - Object form, made available under the License, as indicated by a - copyright notice that is included in or attached to the work - (an example is provided in the Appendix below). - - "Derivative Works" shall mean any work, whether in Source or Object - form, that is based on (or derived from) the Work and for which the - editorial revisions, annotations, elaborations, or other modifications - represent, as a whole, an original work of authorship. For the purposes - of this License, Derivative Works shall not include works that remain - separable from, or merely link (or bind by name) to the interfaces of, - the Work and Derivative Works thereof. - - "Contribution" shall mean any work of authorship, including - the original version of the Work and any modifications or additions - to that Work or Derivative Works thereof, that is intentionally - submitted to Licensor for inclusion in the Work by the copyright owner - or by an individual or Legal Entity authorized to submit on behalf of - the copyright owner. For the purposes of this definition, "submitted" - means any form of electronic, verbal, or written communication sent - to the Licensor or its representatives, including but not limited to - communication on electronic mailing lists, source code control systems, - and issue tracking systems that are managed by, or on behalf of, the - Licensor for the purpose of discussing and improving the Work, but - excluding communication that is conspicuously marked or otherwise - designated in writing by the copyright owner as "Not a Contribution." - - "Contributor" shall mean Licensor and any individual or Legal Entity - on behalf of whom a Contribution has been received by Licensor and - subsequently incorporated within the Work. - - 2. Grant of Copyright License. Subject to the terms and conditions of - this License, each Contributor hereby grants to You a perpetual, - worldwide, non-exclusive, no-charge, royalty-free, irrevocable - copyright license to reproduce, prepare Derivative Works of, - publicly display, publicly perform, sublicense, and distribute the - Work and such Derivative Works in Source or Object form. - - 3. Grant of Patent License. Subject to the terms and conditions of - this License, each Contributor hereby grants to You a perpetual, - worldwide, non-exclusive, no-charge, royalty-free, irrevocable - (except as stated in this section) patent license to make, have made, - use, offer to sell, sell, import, and otherwise transfer the Work, - where such license applies only to those patent claims licensable - by such Contributor that are necessarily infringed by their - Contribution(s) alone or by combination of their Contribution(s) - with the Work to which such Contribution(s) was submitted. If You - institute patent litigation against any entity (including a - cross-claim or counterclaim in a lawsuit) alleging that the Work - or a Contribution incorporated within the Work constitutes direct - or contributory patent infringement, then any patent licenses - granted to You under this License for that Work shall terminate - as of the date such litigation is filed. - - 4. Redistribution. You may reproduce and distribute copies of the - Work or Derivative Works thereof in any medium, with or without - modifications, and in Source or Object form, provided that You - meet the following conditions: - - (a) You must give any other recipients of the Work or - Derivative Works a copy of this License; and - - (b) You must cause any modified files to carry prominent notices - stating that You changed the files; and - - (c) You must retain, in the Source form of any Derivative Works - that You distribute, all copyright, patent, trademark, and - attribution notices from the Source form of the Work, - excluding those notices that do not pertain to any part of - the Derivative Works; and - - (d) If the Work includes a "NOTICE" text file as part of its - distribution, then any Derivative Works that You distribute must - include a readable copy of the attribution notices contained - within such NOTICE file, excluding those notices that do not - pertain to any part of the Derivative Works, in at least one - of the following places: within a NOTICE text file distributed - as part of the Derivative Works; within the Source form or - documentation, if provided along with the Derivative Works; or, - within a display generated by the Derivative Works, if and - wherever such third-party notices normally appear. The contents - of the NOTICE file are for informational purposes only and - do not modify the License. You may add Your own attribution - notices within Derivative Works that You distribute, alongside - or as an addendum to the NOTICE text from the Work, provided - that such additional attribution notices cannot be construed - as modifying the License. - - You may add Your own copyright statement to Your modifications and - may provide additional or different license terms and conditions - for use, reproduction, or distribution of Your modifications, or - for any such Derivative Works as a whole, provided Your use, - reproduction, and distribution of the Work otherwise complies with - the conditions stated in this License. - - 5. Submission of Contributions. Unless You explicitly state otherwise, - any Contribution intentionally submitted for inclusion in the Work - by You to the Licensor shall be under the terms and conditions of - this License, without any additional terms or conditions. - Notwithstanding the above, nothing herein shall supersede or modify - the terms of any separate license agreement you may have executed - with Licensor regarding such Contributions. - - 6. Trademarks. This License does not grant permission to use the trade - names, trademarks, service marks, or product names of the Licensor, - except as required for reasonable and customary use in describing the - origin of the Work and reproducing the content of the NOTICE file. - - 7. Disclaimer of Warranty. Unless required by applicable law or - agreed to in writing, Licensor provides the Work (and each - Contributor provides its Contributions) on an "AS IS" BASIS, - WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or - implied, including, without limitation, any warranties or conditions - of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A - PARTICULAR PURPOSE. You are solely responsible for determining the - appropriateness of using or redistributing the Work and assume any - risks associated with Your exercise of permissions under this License. - - 8. Limitation of Liability. In no event and under no legal theory, - whether in tort (including negligence), contract, or otherwise, - unless required by applicable law (such as deliberate and grossly - negligent acts) or agreed to in writing, shall any Contributor be - liable to You for damages, including any direct, indirect, special, - incidental, or consequential damages of any character arising as a - result of this License or out of the use or inability to use the - Work (including but not limited to damages for loss of goodwill, - work stoppage, computer failure or malfunction, or any and all - other commercial damages or losses), even if such Contributor - has been advised of the possibility of such damages. - - 9. Accepting Warranty or Additional Liability. While redistributing - the Work or Derivative Works thereof, You may choose to offer, - and charge a fee for, acceptance of support, warranty, indemnity, - or other liability obligations and/or rights consistent with this - License. However, in accepting such obligations, You may act only - on Your own behalf and on Your sole responsibility, not on behalf - of any other Contributor, and only if You agree to indemnify, - defend, and hold each Contributor harmless for any liability - incurred by, or claims asserted against, such Contributor by reason - of your accepting any such warranty or additional liability. - - END OF TERMS AND CONDITIONS - - APPENDIX: How to apply the Apache License to your work. - - To apply the Apache License to your work, attach the following - boilerplate notice, with the fields enclosed by brackets "[]" - replaced with your own identifying information. (Don't include - the brackets!) The text should be enclosed in the appropriate - comment syntax for the file format. We also recommend that a - file or class name and description of purpose be included on the - same "printed page" as the copyright notice for easier - identification within third-party archives. - - Copyright <%= Time.new.year %> Chef Software Inc. - - Licensed under the Apache License, Version 2.0 (the "License"); - you may not use this file except in compliance with the License. - You may obtain a copy of the License at - - http://www.apache.org/licenses/LICENSE-2.0 - - Unless required by applicable law or agreed to in writing, software - distributed under the License is distributed on an "AS IS" BASIS, - WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. - See the License for the specific language governing permissions and - limitations under the License. +Software End User License Agreement +(Personal, Non-Commercial, Experimental) + +April 2, 2019 - The most recent edition of this license is +available at https://www.chef.io/end-user-license-agreement/ + +This Software End User License Agreement (this “Agreement“), +is a binding agreement between Chef Software Inc. (“Chef“) +and You (as defined below). + +IF YOU REPRESENT A CORPORATION, GOVERNMENTAL +ORGANIZATION, OR OTHER LEGAL ENTITY, OR YOU +INTEND TO USE THE SOFTWARE FOR COMMERCIAL +PURPOSES, YOU MUST CONTACT CHEF DIRECTLY TO +OBTAIN A COMMERCIAL LICENSE FOR THIS +SOFTWARE. PLEASE VISIT +https://www.chef.io/eula-inquiry/ TO INQUIRE. + +LICENSOR PROVIDES THE SOFTWARE SOLELY ON THE +TERMS AND CONDITIONS SET FORTH IN THIS +AGREEMENT AND ON THE CONDITION THAT YOU +ACCEPT THEM. BY CLICKING THE “ACCEPT” BUTTON +YOU (A) ACCEPT THIS AGREEMENT AND AGREE +TO BE LEGALLY BOUND BY ITS TERMS; AND +(B) REPRESENT AND WARRANT THAT YOU HAVE THE +LEGAL CAPACITY TO ENTER INTO A BINDING +AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS +OF THIS AGREEMENT, YOU MUST NOT INSTALL OR +USE THE SOFTWARE. + +Definitions. For purposes of this Agreement, the following +terms have the following meanings: + +“Intellectual Property Rights” means patent, copyright, +trademark, trade secret, database protection, or other +intellectual property rights laws, and all similar or +equivalent rights or forms of protection. + +“Business” means any Person other than a natural person. + +“Commercial Purpose” means for the benefit of (i) any +Business, or (ii) any undertaking intended, directly +or indirectly, for profit. + +“Experimental Use” means using the Software to learn, +train, experiment with, or test viability of the +Software. Experimental Use excludes pre-production and +production environments as well as making the Software +available to others, whether or not in exchange for any +consideration. + +“Person” means an individual, corporation, partnership, +joint venture, limited liability company, governmental +authority, non-profit organization, unincorporated +organization, trust, association, or other entity. + +“Software” means the software programs made available +under this License. + +“Term” has the meaning set forth in Section 6. + +“Third Party” means any Person other than You or Chef. + +“You” means the Person exercising permissions granted by +this Agreement. + + 1. License Grant and Scope. Chef hereby grants to You a + non-exclusive, non-transferable, limited license + during the Term to use the Software solely as set + forth in this Section 1 and subject to the terms of + Section 3. Chef hereby grants You the non-exclusive, + non-transferable, non-sublicensable, royalty free + right to: + + * Download, copy, and install the Software on computers + owned or leased, and controlled by, You. In addition + to the foregoing, You may make copies of the Software + for archival or backup purposes. All copies of the + Software made by You must include all trademark, + copyright, patent, and other Intellectual Property + Rights notices contained in the original. + + * Use and run the Software on such computers solely + for Your personal, non-Commercial Purposes or + Experimental Use. + + 2. Third-Party Materials. The Software includes software, + content, data, or other materials, including related + documentation, that are owned by Persons other than + Chef and that are provided to You on license terms + that are in addition to and/or different from those + contained in this Agreement (“Third-Party Licenses“). + A list of all materials included in the Software and + provided under Third-Party Licenses can be found + at https://www.chef.io/3rd-party-licenses/. You must + comply with all Third-Party Licenses. + + 3. Use Restrictions. You must not, directly or + indirectly: (a) modify, translate, adapt, or otherwise + create derivative works or improvements, whether or + not patentable, of the Software or any part thereof; + (b) reverse engineer, disassemble, decompile, decode, + or otherwise attempt to derive or gain access to the + source code of the Software or any part thereof; (c) + remove, delete, alter, or obscure any trademarks or + any copyright, trademark, patent, or other + intellectual property or proprietary rights notices + provided on or with the Software, including any copy + thereof; (d) rent, lease, lend, sell, sublicense, + assign, distribute, publish, transfer, or otherwise + make available the Software, or any features or + functionality of the Software, to any Third Party for + any reason; (e) use the Software in violation of any + law, regulation, or rule; or (f) use the Software for + purposes of competitive analysis of the Software, the + development of a competing software product or + service, or any other purpose that is to the Chef’s + commercial disadvantage. + + 4. Collection and Use of Information. You hereby consent + to Chef receiving data and information directly from + the Software for the sole purpose of obtaining + information regarding Your use of the Software + (e.g., when You install an update or upgrade), as well + as any Software bugs, errors, and other similar + technical support issues. Chef will only use such data + and information (“Software Usage and Technical Support + Data”) for Chef’s own business purposes, including but + not limited to the purposes of (i) gathering + information about how You use the Software, which may + be combined with information about how others use the + Software, in order to help Chef better understand + trends and Your needs in order to better consider new + features, and (ii) improving the Software and Your use + experience. Chef will use Software Usage and Technical + Support Data solely in aggregate, anonymized form. + + 5. Intellectual Property Rights. You acknowledge that the + Software is provided under license, and not sold, to + You. Chef reserves all right, title, and interest in + and to the Software and all Intellectual Property + Rights in or to Software, except as expressly granted + to You in this Agreement. Some portions of the + Software may be separately available as source code + from Chef under open source software licenses. Nothing + in this Agreement affects any rights you may have + separately under such licenses. + + 6. Term and Termination. This Agreement and the license + granted hereunder shall remain in effect until + terminated as set forth herein (the “Term“). + + * You may terminate this Agreement by ceasing to use + and destroying all copies of the Software. + + * Chef may terminate this Agreement for convenience. + + * If You institute any litigation against Chef + (including a cross-claim or counterclaim in a + lawsuit) then the licenses granted to You under this + Agreement shall terminate automatically as of the + date such litigation is filed. + + * Upon termination of this Agreement, the license + granted hereunder shall also terminate, and You + shall cease using and destroy all copies of the + Software. + + 7. Warranty Disclaimer. THE SOFTWARE IS + PROVIDED TO YOU “AS IS” AND WITH ALL + FAULTS AND DEFECTS WITHOUT WARRANTY OF + ANY KIND. TO THE MAXIMUM EXTENT + PERMITTED UNDER APPLICABLE LAW, CHEF, + ON ITS OWN BEHALF AND ON BEHALF OF ITS + AFFILIATES AND ITS AND THEIR RESPECTIVE + LICENSORS EXPRESSLY DISCLAIMS ALL + WARRANTIES, WHETHER EXPRESS, IMPLIED, + STATUTORY, OR OTHERWISE, WITH RESPECT + TO THE SOFTWARE, INCLUDING ALL IMPLIED + WARRANTIES OF MERCHANTABILITY, FITNESS + FOR A PARTICULAR PURPOSE, TITLE, AND + NON-INFRINGEMENT, AND WARRANTIES THAT + MAY ARISE OUT OF COURSE OF DEALING, + COURSE OF PERFORMANCE, USAGE, OR TRADE + PRACTICE. WITHOUT LIMITING THE + FOREGOING, CHEF PROVIDES NO WARRANTY OR + UNDERTAKING, AND MAKES NO REPRESENTATION + OF ANY KIND THAT THE SOFTWARE WILL MEET + YOUR REQUIREMENTS, ACHIEVE ANY INTENDED + RESULTS, BE COMPATIBLE, OR WORK WITH ANY + OTHER SOFTWARE, APPLICATIONS, SYSTEMS, + OR SERVICES, OPERATE WITHOUT + INTERRUPTION, MEET ANY PERFORMANCE OR + RELIABILITY STANDARDS OR BE ERROR FREE, + OR THAT ANY ERRORS OR DEFECTS CAN OR + WILL BE CORRECTED. YOU MAY HAVE + ADDITIONAL RIGHTS THAT VARY FROM STATE + TO STATE. + + 8. Limitation of Liability. TO THE FULLEST + EXTENT PERMITTED UNDER APPLICABLE LAW: + IN NO EVENT WILL CHEF OR ITS AFFILIATES, + OR ANY OF ITS OR THEIR RESPECTIVE + LICENSORS OR SERVICE PROVIDERS, BE + LIABLE TO YOU FOR ANY CONSEQUENTIAL, + INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, + OR PUNITIVE DAMAGES, WHETHER ARISING OUT + OF OR IN CONNECTION WITH THIS AGREEMENT, + BREACH OF CONTRACT, TORT + (INCLUDING NEGLIGENCE), OR OTHERWISE, + REGARDLESS OF WHETHER SUCH DAMAGES WERE + FORESEEABLE AND WHETHER OR NOT CHEF WAS + ADVISED OF THE POSSIBILITY OF SUCH YOU MAY + HAVE ADDITIONAL RIGHTS THAT VARY FROM + STATE TO STATE. + + 9. Export Regulation. The Software may be subject to US + export control laws, including the US Export + Administration Act and its associated regulations. + You shall not, directly or indirectly, export, + re-export, or release the Software to, or make the + Software accessible from, any jurisdiction or country + to which export, re-export, or release is prohibited + by law, rule, or regulation. + +10. Miscellaneous. All matters arising out of or relating + to this Agreement shall be governed by and construed + in accordance with the internal laws of the State of + Washington without giving effect to any conflict of + law provision. Any legal action arising out of or + relating to this Agreement will the subject to the + exclusive jurisdiction of the state or federal courts + located in King County. This Agreement constitutes the + sole and entire agreement between You and Chef with + respect to the subject matter contained herein, and + supersedes all prior and contemporaneous + understandings, agreements, representations, and + warranties, both written and oral, with respect + to such subject matter. If any provision of this + Agreement is determined by a court of law to be + unenforceable, this Agreement and the license granted + herein will terminate automatically.
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