mirrors/flatcar-scripts
1
0
Fork 0
mirror of https://github.com/flatcar/scripts.git synced 2025-08-15 08:56:58 +02:00
Code Issues Packages Projects Releases Wiki Activity

licenses: Sync with Gentoo

Browse Source 
It's from Gentoo commit 4109b5a017e32392e4edc36c52b8376de1e17cfe.
This commit is contained in:
Flatcar Buildbot 2025-06-16 07:12:15 +00:00 committed by Krzesimir Nowak
parent ef28c51418
commit e8c57731e2
12 changed files with 569 additions and 120 deletions
Show Stats Download Patch File Download Diff File Expand all files Collapse all files

5
sdk_container/src/third_party/portage-stable/licenses/Base64 vendored Normal file
View File

@ -0,0 +1,5 @@
Copyright (c) 1999, Bob Withers - bwit@pobox.com
This code may be freely used for any purpose, either personal
or commercial, provided the authors copyright notice remains
intact.

61
sdk_container/src/third_party/portage-stable/licenses/CDLA-Permissive-2.0 vendored Normal file
View File

@ -0,0 +1,61 @@
Community Data License Agreement - Permissive - Version 2.0
This is the Community Data License Agreement - Permissive, Version 2.0
(the "agreement"). Data Provider(s) and Data Recipient(s) agree as
follows:
1. Provision of the Data
1.1. A Data Recipient may use, modify, and share the Data made available
by Data Provider(s) under this agreement if that Data Recipient follows
the terms of this agreement.
1.2. This agreement does not impose any restriction on a Data
Recipient's use, modification, or sharing of any portions of the Data
that are in the public domain or that may be used, modified, or shared
under any other legal exception or limitation.
2. Conditions for Sharing Data
2.1. A Data Recipient may share Data, with or without modifications, so
long as the Data Recipient makes available the text of this agreement
with the shared Data.
3. No Restrictions on Results
3.1. This agreement does not impose any restriction or obligations with
respect to the use, modification, or sharing of Results.
4. No Warranty; Limitation of Liability
4.1. All Data Recipients receive the Data subject to the following
terms:
THE DATA IS PROVIDED ON AN "AS IS" BASIS, WITHOUT REPRESENTATIONS,
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.
NO DATA PROVIDER SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE DATA OR RESULTS,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Definitions
5.1. "Data" means the material received by a Data Recipient under this
agreement.
5.2. "Data Provider" means any person who is the source of Data provided
under this agreement and in reliance on a Data Recipient's agreement to
its terms.
5.3. "Data Recipient" means any person who receives Data directly or
indirectly from a Data Provider and agrees to the terms of this
agreement.
5.4. "Results" means any outcome obtained by computational analysis of
Data, including for example machine learning models and models'
insights.

5
sdk_container/src/third_party/portage-stable/licenses/FFT2D vendored Normal file
View File

@ -0,0 +1,5 @@
Copyright Takuya OOURA, 1996-2001
You may use, copy, modify and distribute this code for any purpose
(include commercial use) and without fee. Please refer to this package
when you modify this code.

116
sdk_container/src/third_party/portage-stable/licenses/Ms-PL vendored
View File

@ -1,81 +1,65 @@
Microsoft Permissive License (Ms-PL) Microsoft Public License (Ms-PL)
This license governs use of the accompanying software. If you use the
software, you accept this license. If you do not accept the license,
do not use the software.
1. Definitions
This license governs use of the accompanying software. If you use the The terms "reproduce," "reproduction," "derivative works," and
software, you accept this license. If you do not accept the license, do "distribution" have the same meaning here as under U.S. copyright
not use the software. law.
A "contribution" is the original software, or any additions or
changes to the software.
A "contributor" is any person that distributes its contribution
under this license.
1. Definitions "Licensed patents" are a contributor's patent claims that read
directly on its contribution.
The terms "reproduce," "reproduction," "derivative works," and 2. Grant of Rights
"distribution" have the same meaning here as under U.S. copyright law.
A "contribution" is the original software, or any additions or changes to (A) Copyright Grant- Subject to the terms of this license,
the software. including the license conditions and limitations in section 3,
each contributor grants you a non-exclusive, worldwide,
royalty-free copyright license to reproduce its contribution,
prepare derivative works of its contribution, and distribute its
contribution or any derivative works that you create.
A "contributor" is any person that distributes its contribution under this (B) Patent Grant- Subject to the terms of this license, including
license. the license conditions and limitations in section 3, each
contributor grants you a non-exclusive, worldwide, royalty-free
license under its licensed patents to make, have made, use, sell,
offer for sale, import, and/or otherwise dispose of its
contribution in the software or derivative works of the
contribution in the software.
"Licensed patents" are a contributor's patent claims that read directly 3. Conditions and Limitations
on its contribution.
(A) No Trademark License- This license does not grant you rights
to use any contributors' name, logo, or trademarks.
(B) If you bring a patent claim against any contributor over
patents that you claim are infringed by the software, your patent
license from such contributor to the software ends automatically.
2. Grant of Rights (C) If you distribute any portion of the software, you must retain
all copyright, patent, trademark, and attribution notices that are
(A) Copyright Grant- Subject to the terms of this license, including the present in the software.
license conditions and limitations in section 3, each contributor grants
you a non-exclusive, worldwide, royalty-free copyright license to
reproduce its contribution, prepare derivative works of its contribution,
and distribute its contribution or any derivative works that you create.
(B) Patent Grant- Subject to the terms of this license, including the
license conditions and limitations in section 3, each contributor grants
you a non-exclusive, worldwide, royalty-free license under its licensed
patents to make, have made, use, sell, offer for sale, import, and/or
otherwise dispose of its contribution in the software or derivative works
of the contribution in the software.
3. Conditions and Limitations
(A) No Trademark License- This license does not grant you rights to use
any contributors' name, logo, or trademarks.
(B) If you bring a patent claim against any contributor over patents that
you claim are infringed by the software, your patent license from such
contributor to the software ends automatically.
(C) If you distribute any portion of the software, you must retain all
copyright, patent, trademark, and attribution notices that are present in
the software.
(D) If you distribute any portion of the software in source code form, you
may do so only under this license by including a complete copy of this
license with your distribution. If you distribute any portion of the
software in compiled or object code form, you may only do so under a
license that complies with this license.
(E) The software is licensed "as-is." You bear the risk of using it. The
contributors give no express warranties, guarantees or conditions. You may
have additional consumer rights under your local laws which this license
cannot change. To the extent permitted under your local laws, the
contributors exclude the implied warranties of merchantability, fitness
for a particular purpose and non-infringement.
(F) If you distribute the software or derivative works with programs you
develop, you agree to indemnify, defend, and hold harmless all
contributors from any claims, including attorneys' fees, related to the
distribution or use of your programs. For clarity, you have no such
obligations to a contributor for any claims based solely on the unmodified
contributions of that contributor.
(G) If you make any additions or changes to the original software, you
may only distribute them under a new namespace. In addition, you will
clearly identify your changes or additions as your own.
(D) If you distribute any portion of the software in source code
form, you may do so only under this license by including a
complete copy of this license with your distribution. If you
distribute any portion of the software in compiled or object code
form, you may only do so under a license that complies with this
license.
(E) The software is licensed "as-is." You bear the risk of using
it. The contributors give no express warranties, guarantees, or
conditions. You may have additional consumer rights under your
local laws which this license cannot change. To the extent
permitted under your local laws, the contributors exclude the
implied warranties of merchantability, fitness for a particular
purpose and non-infringement.

66
sdk_container/src/third_party/portage-stable/licenses/NVIDIA-SDK-v2017.06.13 vendored Normal file
View File

@ -0,0 +1,66 @@
SOFTWARE DEVELOPER KITS, SAMPLES AND TOOLS LICENSE AGREEMENT (with distribution rights)
IMPORTANT - READ BEFORE DOWNLOADING, INSTALLING, COPYING OR USING THE LICENSED SOFTWARE
READ CAREFULLY: This Software Developer Kits, Samples and Tools License Agreement ("Agreement"), made and entered into as of the time and date of click through action ("Effective Date"), is a legal agreement between you and NVIDIA Corporation ("NVIDIA") and governs the use of the following NVIDIA deliverables to the extent provided to you under this Agreement: API's, source code and header files, data sets and assets (examples include images, textures, models, scenes, videos, native API input/output files), binary software and/or documentation (collectively, "Licensed Software"). By downloading, installing, copying, or otherwise using the Licensed Software, you agree to be bound by the terms of this Agreement. If you do NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, COPY OR USE THE NVIDIA LICENSED SOFTWARE. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE ENTITY TO THIS AGREEMENT, IN WHICH CASE "YOU" WILL MEAN THE ENTITY YOU REPRESENT. IF YOU DON'T HAVE SUCH AUTHORITY, OR IF YOU DON'T ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN NVIDIA IS UNWILLING TO LICENSE THE LICENSED SOFTWARE TO YOU, AND YOU MAY NOT DOWNLOAD, INSTALL, COPY OR USE IT.
1. LICENSE.
1.1 License Grant. Subject to the terms of this Agreement, NVIDIA hereby grants you a nonexclusive, non-transferable, worldwide, revocable, limited, royalty-free, fully paid-up license during the term of this Agreement to:
(i) install, use and reproduce the Licensed Software delivered by NVIDIA plus make modifications and create derivative works of the source code and header files delivered by NVIDIA, provided that the software is executed only in hardware products as specified by NVIDIA in the accompanying documentation (such as release notes) as supported, to develop, test and service your products (each, a "Customer Product") that are interoperable with supported hardware products. If the NVIDIA documentation is silent, the supported hardware consists of certain NVIDIA GPUs; and
(ii) incorporate Licensed Software as delivered by NVIDIA (including source code and header files as modified by you) into a Customer Product in binary format only and sub-license and distribute a Customer Product for use by your recipients only in the hardware products specified by NVIDIA as supported, provided that: (a) all such distributions by you or your distribution channels are consistent with the terms of this Agreement; and (b) you must enter into enforceable agreements with your recipients that binds them to terms that are consistent with the terms set forth in this Agreement for their use of the software binaries, including (without limitation) terms relating to the license grant and license restrictions, confidentiality and protection of NVIDIA's intellectual property rights in and to the software you distributed. You are liable for the distribution and the use of distributed software if you failed to comply or enforce the distribution requirements of this Agreement. You agree to notify NVIDIA in writing of any known or suspected use or distribution of the Licensed Software that are not in compliance with the terms of this Agreement.
1.2 Enterprise and Contractor Usage. Under this Agreement you may allow (i) your Enterprise employees, and (ii) individuals who work primarily for your Enterprise on a contractor basis and from your secure network (each a "Contractor") to access and use the Licensed Software pursuant to the terms in Section 1 solely to perform work on your behalf, provided further that with respect to Contractors: (i) you obtain a written agreement from the Contractor which contains terms and obligations with respect to access to or use of Licensed Software no less protective of NVIDIA than those set forth in this Agreement, and (ii) such Contractor's access and use expressly excludes any sublicensing or distribution rights for the Licensed Software. You are responsible for the compliance with the terms and conditions of this Agreement by your Enterprise and Contractors. Any act or omission that if committed by you would constitute a breach of this Agreement shall be deemed to constitute a breach of this Agreement if committed by your Enterprise or Contractors. "Enterprise" means you or any company or legal entity for which you accepted the terms of this Agreement, and their subsidiaries of which your company or legal entity owns more than fifty percent (50%) of the issued and outstanding equity.
1.3 No Support. NVIDIA is under no obligation to provide support for the Licensed Software or to provide any error corrections or updates to the Licensed Software under this Agreement.
1.4 Product Specific Terms. With respect to the Iray Developer Edition Licensed Software, a separate license is required from NVIDIA to enable or use the Iray runtime in any given machine.
1.5 Notification. You are required to notify NVIDIA prior to use of the NVIDIA DesignWorks Licensed Software in a commercial application (including a plug-in to a commercial application). Please send notification by visiting https://developer.nvidia.com/sw-notification and submitting the web form requested information. NVIDIA will request company name, DesignWorks software and version used, platform, commercial application release date, and weblink to product/video. Failure to notify NVIDIA pursuant to this section shall be considered a material breach of this Agreement.
2. LIMITATIONS.
2.1 License Restrictions. Except as expressly authorized in this Agreement, you agree that you will not (nor authorize third parties to): (i) copy and use software that was licensed to you for use in one or more devices in other unlicensed devices (provided that copies solely for backup purposes are allowed); (ii) reverse engineer, decompile, disassemble (except to the extent applicable laws specifically require that such activities be permitted) or attempt to derive the source code, underlying ideas, algorithm or structure of software provided to you in object code form; (iii) sell, transfer, assign, distribute, rent, loan, lease, sublicense or otherwise make available the Licensed Software or its functionality to third parties (a) as an application services provider or service bureau, (b) by operating hosted/virtual system environments, (c) by hosting, time sharing or providing any other type of services, or (d) otherwise by means of the internet; (iv) modify, translate or otherwise create any derivative works of any of the Licensed Software; (v) remove, alter, cover or obscure any proprietary notice that appears on or with the Licensed Software or any copies thereof; (vi) use the Licensed Software, or allow its use, transfer, transmission or export in violation of any applicable export control laws, rules or regulations; (vii) distribute, permit access to, or sublicense the Licensed Software as a stand-alone product; (viii) bypass, disable, circumvent or remove any form of copy protection, encryption, security or digital rights management or authentication mechanism used by NVIDIA in connection with the Licensed Software, or use the Licensed Software together with any authorization code, serial number, or other copy protection device not supplied by NVIDIA directly or through an authorized reseller; (ix) use the Licensed Software for the purpose of developing competing products or technologies or assisting a third party in such activities; (x) use the Licensed Software with any system or application where the use or failure of such system or application can reasonably be expected to threaten or result in personal injury, death, or catastrophic loss including, without limitation, use in connection with any nuclear, avionics, navigation, military, medical, life support or other life critical application ("Critical Applications"), unless the parties have entered into a Critical Applications agreement; (xi) distribute any modification or derivative work you make to the Licensed Software under or by reference to the same name as used by NVIDIA; or (xii) use the Licensed Software in any manner that would cause the Licensed Software to become subject to an Open Source License. Nothing in this Agreement shall be construed to give you a right to use, or otherwise obtain access to, any source code from which the software or any portion thereof is compiled or interpreted. You acknowledge that NVIDIA does not design, test, manufacture or certify the Licensed Software for use in the context of a Critical Application and NVIDIA shall not be liable to you or any third party, in whole or in part, for any claims or damages arising from such use. You agree to defend, indemnify and hold harmless NVIDIA and its affiliates, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, fines, restitutions and expenses (including but not limited to attorney's fees and costs incident to establishing the right of indemnification) arising out of or related to you and your Enterprise, and their respective employees, contractors, agents, distributors, resellers, end users, officers and directors use of Licensed Software outside of the scope of this Agreement or any other breach of the terms of this Agreement. "Open Source License" includes, without limitation, a software license that requires as a condition of use, modification, and/or distribution of such software that the software be (x) disclosed or distributed in source code form; (y) be licensed for the purpose of making derivative works; or (z) be redistributable at no charge.
2.2 Third Party License Obligations. You acknowledge and agree that the Licensed Software may include or incorporate third party technology (collectively "Third Party Components"), which is provided for use in or with the software and not otherwise used separately. If the Licensed Software includes or incorporates Third Party Components, then the third-party pass-through terms and conditions ("Third Party Terms") for the particular Third Party Component will be bundled with the software or otherwise made available online as indicated by NVIDIA and will be incorporated by reference into this Agreement. In the event of any conflict between the terms in this Agreement and the Third Party Terms, the Third Party Terms shall govern. Copyright to Third Party Components are held by the copyright holders indicated in the copyright notices indicated in the Third Party Terms.
Audio/Video Encoders and Decoders. You acknowledge and agree that it is your sole responsibility to obtain any additional third party licenses required to make, have made, use, have used, sell, import, and offer for sale your products or services that include or incorporate any Third Party Components and content relating to audio and/or video encoders and decoders from, including but not limited to, Microsoft, Thomson, Fraunhofer IIS, Sisvel S.p.A., MPEG-LA, and Coding Technologies as NVIDIA does not grant to you under this Agreement any necessary patent rights with respect to audio and/or video encoders and decoders.
2.3 Limited Rights. Your rights in the Licensed Software are limited to those expressly granted in Section 1 and no other licenses are granted whether by implication, estoppel or otherwise. NVIDIA reserves all rights, title and interest in and to the Licensed Software not expressly granted under this Agreement.
3. CONFIDENTIALITY. Neither party will use the other party's Confidential Information, except as necessary for the performance of this Agreement, nor will either party disclose such Confidential Information to any third party, except to personnel of NVIDIA and its affiliates, you, your Enterprise, your Enterprise Contractors, and each party's legal and financial advisors that have a need to know such Confidential Information for the performance of this Agreement, provided that each such personnel, employee and Contractor is subject to a written agreement that includes confidentiality obligations consistent with those set forth herein. Each party will use all reasonable efforts to maintain the confidentiality of all of the other party's Confidential Information in its possession or control, but in no event less than the efforts that it ordinarily uses with respect to its own Confidential Information of similar nature and importance. The foregoing obligations will not restrict either party from disclosing the other party's Confidential Information or the terms and conditions of this Agreement as required under applicable securities regulations or pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such disclosure (i) gives reasonable notice to the other party to enable it to contest such order or requirement prior to its disclosure (whether throu gh protective orders or otherwise), (ii) uses reasonable effort to obtain confidential treatment or similar protection to the fullest extent possible to avoid such public disclosure, and (iii) discloses only the minimum amount of information necessary to comply with such requirements.
"Confidential Information" means the Licensed Software (unless made publicly available by NVIDIA without confidentiality obligations), and any NVIDIA business, marketing, pricing, research and development, know-how, technical, scientific, financial status, proposed new products or other information disclosed by NVIDIA to you which, at the time of disclosure, is designated in writing as confidential or proprietary (or like written designation), or orally identified as confidential or proprietary or is otherwise reasonably identifiable by parties exercising reasonable business judgment as confidential. Confidential Information does not and will not include information that: (i) is or becomes generally known to the public through no fault of or breach of this Agreement by the receiving party; (ii) is rightfully known by the receiving party at the time of disclosure without an obligation of confidentiality; (iii) is independently developed by the receiving party without use of the disclosing party's Confidential Information; or (iv) is rightfully obtained by the receiving party from a third party without restriction on use or disclosure.
4. OWNERSHIP.
4.1 Ownership of Licensed Software. The Licensed Software, and the respective intellectual property rights therein, is and will remain the sole and exclusive property of NVIDIA and its licensors, whether the Licensed Software is separate from or combined with any other products or materials. You shall not knowingly engage in any act or omission that would impair NVIDIA's and/or its licensors' intellectual property rights in the Licensed Software or any other materials, information, processes or subject matter proprietary to NVIDIA. NVIDIA's licensors are intended third party beneficiaries with the right to enforce provisions of this Agreement with respect to their Confidential Information and/or intellectual property rights.
4.2 Modifications. You have no obligation to provide your permitted modifications to NVIDIA. You hold all rights, title and interest in and to the modifications to and derivative works of the NVIDIA source code and header files that you create as permitted hereunder, subject to NVIDIA's underlying intellectual property rights in and to the NVIDIA software; provided, however that you grant NVIDIA, its affiliates and their respective customers an irrevocable, perpetual, nonexclusive, worldwide, royalty-free paid-up license to make, have made, use, have used, reproduce, sell, license, distribute, sublicense, transfer and otherwise commercialize modifications and derivative works including (without limitation) with the Licensed Software or other products, technologies or materials.
5. FEEDBACK. You have no obligation to provide Feedback to NVIDIA. However, NVIDIA and/or its affiliates may use and include any Feedback that you provide to improve the Licensed Software or other NVIDIA products, technologies or materials. Accordingly, if you provide Feedback, you agree that NVIDIA and/or its affiliates may at their option, and may permit its licensees, to make, have made, use, have used, reproduce, sell, license, distribute, sublicense, transfer and otherwise commercialize the Feedback in the Licensed Software or in other products, technologies or materials without the payment of any royalties or fees to you. All Feedback becomes the sole property of NVIDIA and may be used in any manner NVIDIA sees fit, and you hereby assign to NVIDIA all of your right, title and interest in and to any Feedback. NVIDIA has no obligation to respond to Feedback or to incorporate Feedback into the Licensed Software. "Feedback" means any and all suggestions, feature requests, comments or other feedback relating to the Licensed Software, including possible enhancements or modifications thereto.
6. NO WARRANTIES. THE LICENSED SOFTWARE IS PROVIDED BY NVIDIA "AS IS" AND "WITH ALL FAULTS," AND NVIDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF OPERABILITY, CONDITION, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE BY NVIDIA ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. NVIDIA DOES NOT WARRANT THAT THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT ALL ERRORS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT NVIDIA'S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF YOU ONLY. Nothing in this warranty section affects any statutory rights of consumers or other recipients to the extent that they cannot be waived or limited by contract under applicable law.
7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW NVIDIA OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL), OR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE LICENSED SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT WILL NVIDIA'S TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED THE GREATER OF THE NET AMOUNT NVIDIA RECEIVED FOR YOUR USE OF THE LICENSED SOFTWARE ONE HUNDRED U.S. DOLLARS (US $100). THE NATURE OF THE LIABILITY, THE NUMBER OF CLAIMS OR SUITS OR THE NUMBER OF PARTIES WITHIN YOUR ENTERPRISE THAT ACCEPTED THE TERMS OF THIS AGREEMENT SHALL NOT ENLARGE OR EXTEND THIS LIMIT. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER NVIDIA OR ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
8. TERM AND TERMINATION. This Agreement and your licenses hereunder shall become effective upon the Effective Date and shall remain in effect unless and until terminated as follows: (i) automatically if you breach any of the terms of this Agreement; or (ii) by either party upon written notice if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filing, or if a party ceases to do business; (iii) by you, upon ceasing to use the Licensed Software provided under this Agreement; or (iv) by NVIDIA upon written notice if you commence or participate in any legal proceeding against NVIDIA, with respect to the Licensed Software that is the subject of the proceeding during the pendency of such legal proceeding. Termination of this Agreement regardless of cause or nature shall be without prejudice to any other rights or remedies of the parties and shall be without liability for any loss or damage occasioned thereby. Upon any expiration or termination of this Agreement (i) you must promptly discontinue use of the Licensed Software, and (ii) you must promptly destroy or return to NVIDIA all copies of the Licensed Software and all portions thereof in your possession or control, and each party will promptly destroy or return to the other all of the other party's Confidential Information within its possession or control, provided that your prior distributions in accordance with this Agreement are not affected by the expiration or termination of this Agreement. Upon written request, you will certify in writing that you have complied with your obligations under this section. Sections 2 through 9 will survive the expiration or termination of this Agreement for any reason.
9. GENERAL.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereto and supersedes all prior negotiations, conversations, or discussions between the parties relating to the subject matter hereto, oral or written, and all past dealings or industry custom. Any additional and/or conflicting terms and conditions on purchase order(s) or any other documen ts issued by you are null, void, and invalid. Any amendment or waiver under this Agreement must be in writing and signed by representatives of both parties.
This Agreement and the rights and obligations thereunder may not be assigned by you, in whole or in part, including by merger, consolidation, dissolution, operation of law, or any other manner, without written consent of NVIDIA, and any purported assignment in violation of this provision shall be void and of no effect. NVIDIA may assign, delegate or transfer this Agreement and its rights and obligations hereunder, and if to a non-affiliate you will be notified.
Each party acknowledges and agrees that the other is an independent contractor in the performance of this Agreement, and each party is solely responsible for all of its employees, agents, contractors, and labor costs and expenses arising in connection therewith. The parties are not partners, joint ventures or otherwise affiliated, and neither has any authority to make any statements, representations or commitments of any kind to bind the other party without prior written consent.
Neither party will be responsible for any failure or delay in its performance under this Agreement (except for any payment obligations) to the extent due to causes beyond its reasonable control for so long as such force majeure event continues in effect.
This Agreement will be governed by and construed under the laws of the State of Delaware and the United States without regard to the conflicts of law provisions thereof and without regard to the United Nations Convention on Contracts for the Internationa l Sale of Goods. The parties consent to the personal jurisdiction of the federal and state courts located in Santa Clara County, California. You acknowledge and agree that a breach of any of your promises or agreements contained in this Agreement may result in irreparable and continuing injury to NVIDIA for which monetary damages may not be an adequate remedy and therefore NVIDIA is entitled to seek injunctive relief as well as such other and further relief as may be appropriate. If any court of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. Unless otherwise specified, remedies are cumulative.
The Licensed Software has been developed entirely at private expense and is "commercial items" consisting of "commercial computer software" and "commercial computer software documentation" provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in this Agreement pursuant to DFARS 227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19, as applicable. Contractor/manufacturer is NVIDIA, 2701 San Tomas Expressway, Santa Clara, CA 95050.
You acknowledge that the Licensed Software described under this Agreement is subject to export control under the U.S. Export Administration Regulations (EAR) and economic sanctions regulations administered by the U.S. Department of Treasury's Office of Foreign Assets Control (OFAC). Therefore, you may not export, reexport or transfer in-country the Licensed Software without first obtaining any license or other approval that may be required by BIS and/or OFAC. You are responsible for any violation of the U.S. or other applicable export control or economic sanctions laws, regulations and requirements related to the Licensed Software. By accepting this SLA, you confirm that you are not a resident or citizen of any country currently embargoed by the U.S. and tha t you are not otherwise prohibited from receiving the Licensed Software.
Any notice delivered by NVIDIA to you under this Agreement will be delivered via mail, email or fax. Please direct your legal notices or other correspondence to NVIDIA Corporation, 2701 San Tomas Expressway, Santa Clara, California 95050, United States of America, Attention: Legal Department.
DESIGNWORKS NVIDIA SDKS, SAMPLES AND TOOLS AGREEMENT, DISTRIBUTION RIGHTS (V.13.06.2017)

133
sdk_container/src/third_party/portage-stable/licenses/NVIDIA-SDK-v2020.10.12 vendored Normal file
View File

@ -0,0 +1,133 @@
LICENSE AGREEMENT FOR NVIDIA SOFTWARE DEVELOPMENT KITS
This license agreement, including exhibits attached (“Agreement”) is a legal agreement between you and NVIDIA Corporation (“NVIDIA”) and governs your use of a NVIDIA software development kit (“SDK”).
Each SDK has its own set of software and materials, but here is a description of the types of items that may be included in a SDK: source code, header files, APIs, data sets and assets (examples include images, textures, models, scenes, videos, native API input/output files), binary software, sample code, libraries, utility programs, programming code and documentation.
This Agreement can be accepted only by an adult of legal age of majority in the country in which the SDK is used.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind the entity to this Agreement, in which case “you” will mean the entity you represent.
If you don’t have the required age or authority to accept this Agreement, or if you don’t accept all the terms and conditions of this Agreement, do not download, install or use the SDK.
You agree to use the SDK only for purposes that are permitted by (a) this Agreement, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
License.
1.1 Grant
Subject to the terms of this Agreement, NVIDIA hereby grants you a non-exclusive, non-transferable license, without the right to sublicense (except as expressly provided in this Agreement) to:
Install and use the SDK,
Modify and create derivative works of sample source code delivered in the SDK, and
Distribute those portions of the SDK that are identified in this Agreement as distributable, as incorporated in object code format into a software application that meets the distribution requirements indicated in this Agreement.
1.2 Distribution Requirements
These are the distribution requirements for you to exercise the distribution grant:
Your application must have material additional functionality, beyond the included portions of the SDK.
The distributable portions of the SDK shall only be accessed by your application.
The following notice shall be included in modifications and derivative works of sample source code distributed: “This software contains source code provided by NVIDIA Corporation.”
Unless a developer tool is identified in this Agreement as distributable, it is delivered for your internal use only.
The terms under which you distribute your application must be consistent with the terms of this Agreement, including (without limitation) terms relating to the license grant and license restrictions and protection of NVIDIA’s intellectual property rights. Additionally, you agree that you will protect the privacy, security and legal rights of your application users.
You agree to notify NVIDIA in writing of any known or suspected distribution or use of the SDK not in compliance with the requirements of this Agreement, and to enforce the terms of your agreements with respect to distributed SDK.
1.3 Authorized Users
You may allow employees and contractors of your entity or of your subsidiary(ies) to access and use the SDK from your secure network to perform work on your behalf.
If you are an academic institution you may allow users enrolled or employed by the academic institution to access and use the SDK from your secure network.
You are responsible for the compliance with the terms of this Agreement by your authorized users. If you become aware that your authorized users didn’t follow the terms of this Agreement, you agree to take reasonable steps to resolve the non-compliance and prevent new occurrences.
1.4 Pre-Release SDK The SDK versions identified as alpha, beta, preview or otherwise as pre-release, may not be fully functional, may contain errors or design flaws, and may have reduced or different security, privacy, accessibility, availability, and reliability standards relative to commercial versions of NVIDIA software and materials. Use of a pre-release SDK may result in unexpected results, loss of data, project delays or other unpredictable damage or loss. You may use a pre-release SDK at your own risk, understanding that pre-release SDKs are not intended for use in production or business-critical systems. NVIDIA may choose not to make available a commercial version of any pre-release SDK. NVIDIA may also choose to abandon development and terminate the availability of a pre-release SDK at any time without liability. 1.5 Updates
NVIDIA may, at its option, make available patches, workarounds or other updates to this SDK. Unless the updates are provided with their separate governing terms, they are deemed part of the SDK licensed to you as provided in this Agreement.
You agree that the form and content of the SDK that NVIDIA provides may change without prior notice to you. While NVIDIA generally maintains compatibility between versions, NVIDIA may in some cases make changes that introduce incompatibilities in future versions of the SDK.
1.6 Third Party Licenses
The SDK may come bundled with, or otherwise include or be distributed with, third-party software licensed by a NVIDIA supplier and/or open source software provided under an open source license. Use of third-party software is subject to the third-party license terms, or in the absence of third-party terms, the terms of this Agreement. Copyright to third party software is held by the copyright holders indicated in the third-party software or license.
1.7 Reservation of Rights
NVIDIA reserves all rights, title and interest in and to the SDK not expressly granted to you under this Agreement.
Limitations.
The following license limitations apply to your use of the SDK:
2.1 You may not reverse engineer, decompile or disassemble, or remove copyright or other proprietary notices from any portion of the SDK or copies of the SDK.
2.2 Except as expressly provided in this Agreement, you may not copy, sell, rent, sublicense, transfer, distribute, modify, or create derivative works of any portion of the SDK. For clarity, you may not distribute or sublicense the SDK as a stand-alone product.
2.3 Unless you have an agreement with NVIDIA for this purpose, you may not indicate that an application created with the SDK is sponsored or endorsed by NVIDIA.
2.4 You may not bypass, disable, or circumvent any encryption, security, digital rights management or authentication mechanism in the SDK.
2.5 You may not use the SDK in any manner that would cause it to become subject to an open source software license. As examples, licenses that require as a condition of use, modification, and/or distribution that the SDK be (i) disclosed or distributed in source code form; (ii) licensed for the purpose of making derivative works; or (iii) redistributable at no charge.
2.6 Unless you have an agreement with NVIDIA for this purpose, you may not use the SDK with any system or application where the use or failure of the system or application can reasonably be expected to threaten or result in personal injury, death, or catastrophic loss. Examples include use in avionics, navigation, military, medical, life support or other life critical applications. NVIDIA does not design, test or manufacture the SDK for these critical uses and NVIDIA shall not be liable to you or any third party, in whole or in part, for any claims or damages arising from such uses.
2.7 You agree to defend, indemnify and hold harmless NVIDIA and its affiliates, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, fines, restitutions and expenses (including but not limited to attorney’s fees and costs incident to establishing the right of indemnification) arising out of or related to your use of the SDK outside of the scope of this Agreement, or not in compliance with its terms.
Ownership.
3.1 NVIDIA or its licensors hold all rights, title and interest in and to the SDK and its modifications and derivative works, including their respective intellectual property rights, subject to your rights under Section 3.2. This SDK may include software and materials from NVIDIA’s licensors, and these licensors are intended third party beneficiaries that may enforce this Agreement with respect to their intellectual property rights.
3.2 You hold all rights, title and interest in and to your applications and your derivative works of the sample source code delivered in the SDK, including their respective intellectual property rights, subject to NVIDIA’s rights under section 3.1.
3.3 You may, but don’t have to, provide to NVIDIA suggestions, feature requests or other feedback regarding the SDK, including possible enhancements or modifications to the SDK. For any feedback that you voluntarily provide, you hereby grant NVIDIA and its affiliates a perpetual, non-exclusive, worldwide, irrevocable license to use, reproduce, modify, license, sublicense (through multiple tiers of sublicensees), and distribute (through multiple tiers of distributors) it without the payment of any royalties or fees to you. NVIDIA will use feedback at its choice. NVIDIA is constantly looking for ways to improve its products, so you may send feedback to NVIDIA through the developer portal at https://developer.nvidia.com.
No Warranties.
THE SDK IS PROVIDED BY NVIDIA “AS IS” AND “WITH ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE.
Limitations of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SDK, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT WILL NVIDIA’S AND ITS AFFILIATES TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED US$10.00. THE NATURE OF THE LIABILITY OR THE NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR EXTEND THIS LIMIT.
These exclusions and limitations of liability shall apply regardless if NVIDIA or its affiliates have been advised of the possibility of such damages, and regardless of whether a remedy fails its essential purpose. These exclusions and limitations of liability form an essential basis of the bargain between the parties, and, absent any of these exclusions or limitations of liability, the provisions of this Agreement, including, without limitation, the economic terms, would be substantially different.
Termination.
6.1 This Agreement will continue to apply until terminated by either you or NVIDIA as described below.
6.2 If you want to terminate this Agreement, you may do so by stopping to use the SDK.
6.3 NVIDIA may, at any time, terminate this Agreement if: (i) you fail to comply with any term of this Agreement and the non-compliance is not fixed within thirty (30) days following notice from NVIDIA (or immediately if you violate NVIDIA’s intellectual property rights); (ii) you commence or participate in any legal proceeding against NVIDIA with respect to the SDK; or (iii) NVIDIA decides to no longer provide the SDK in a country or, in NVIDIA’s sole discretion, the continued use of it is no longer commercially viable.
6.4 Upon any termination of this Agreement, you agree to promptly discontinue use of the SDK and destroy all copies in your possession or control. Your prior distributions in accordance with this Agreement are not affected by the termination of this Agreement. Upon written request, you will certify in writing that you have complied with your commitments under this section. Upon any termination of this Agreement all provisions survive except for the licenses granted to you.
General.
If you wish to assign this Agreement or your rights and obligations, including by merger, consolidation, dissolution or operation of law, contact NVIDIA to ask for permission. Any attempted assignment not approved by NVIDIA in writing shall be void and of no effect. NVIDIA may assign, delegate or transfer this Agreement and its rights and obligations, and if to a non-affiliate you will be notified.
You agree to cooperate with NVIDIA and provide reasonably requested information to verify your compliance with this Agreement.
This Agreement will be governed in all respects by the laws of the United States and of the State of Delaware as those laws are applied to contracts entered into and performed entirely within Delaware by Delaware residents, without regard to the conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. You agree to all terms of this Agreement in the English language.
The state or federal courts residing in Santa Clara County, California shall have exclusive jurisdiction over any dispute or claim arising out of this Agreement. Notwithstanding this, you agree that NVIDIA shall still be allowed to apply for injunctive remedies or an equivalent type of urgent legal relief in any jurisdiction.
If any court of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law and the remaining provisions will remain in full force and effect. Unless otherwise specified, remedies are cumulative.
Each party acknowledges and agrees that the other is an independent contractor in the performance of this Agreement.
The SDK has been developed entirely at private expense and is “commercial items” consisting of “commercial computer software” and “commercial computer software documentation” provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions in this Agreement pursuant to DFARS 227.7202-3(a) or as set forth in subparagraphs (b)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19, as applicable. Contractor/manufacturer is NVIDIA, 2788 San Tomas Expressway, Santa Clara, CA 95051.
The SDK is subject to United States export laws and regulations. You agree that you will not ship, transfer or export the SDK into any country, or use the SDK in any manner, prohibited by the United States Bureau of Industry and Security or economic sanctions regulations administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), or any applicable export laws, restrictions or regulations. These laws include restrictions on destinations, end users and end use. By accepting this Agreement, you confirm that you are not a resident or citizen of any country currently embargoed by the U.S. and that you are not otherwise prohibited from receiving the SDK.
Any notice delivered by NVIDIA to you under this Agreement will be delivered via mail, email or fax. You agree that any notices that NVIDIA sends you electronically will satisfy any legal communication requirements. Please direct your legal notices or other correspondence to NVIDIA Corporation, 2788 San Tomas Expressway, Santa Clara, California 95051, United States of America, Attention: Legal Department.
This Agreement and any exhibits incorporated into this Agreement constitute the entire agreement of the parties with respect to the subject matter of this Agreement and supersede all prior negotiations or documentation exchanged between the parties relating to this subject matter. Any additional and/or conflicting terms on documents issued by you are null, void, and invalid. Any amendment or waiver under this Agreement shall be in writing and signed by representatives of both parties.
(v. October 12, 2020)

13
sdk_container/src/third_party/portage-stable/licenses/NVIDIA-cuSPARSELt-v2020.10.12 vendored Normal file
View File

@ -0,0 +1,13 @@
cuSPARSELt SUPPLEMENT TO SOFTWARE LICENSE AGREEMENT FOR NVIDIA SOFTWARE DEVELOPMENT KITS
The terms in this supplement govern your use of the NVIDIA cuSPARSELt SDK under the terms of your license agreement (“Agreement”) as modified by this supplement. Capitalized terms used but not defined below have the meaning assigned to them in the Agreement.
This supplement is an exhibit to the Agreement and is incorporated as an integral part of the Agreement. In the event of conflict between the terms in this supplement and the terms in the Agreement, the terms in this supplement govern.
License Scope. The SDK is licensed for you to develop applications only for use in systems with NVIDIA GPUs.
Distribution. The following portions of the SDK are distributable under the Agreement: the runtimes files ending with .so and .h as part of your application.
Licensing. If the distribution terms in this Agreement are not suitable for your organization, or for any questions regarding this Agreement, please contact NVIDIA at nvidia-compute-license-questions@nvidia.com
(v. October 12, 2020)

54
sdk_container/src/third_party/portage-stable/licenses/Plex vendored
View File

@ -1,54 +0,0 @@
Revised January 1, 2020
IMPORTANT—PLEASE READ THE FOLLOWING TERMS OF SERVICE (REFERENCED HEREIN AS “TOS”) BEFORE OR WHEN USING THE PLEX WEBSITE, A PLEX SOFTWARE, MOBILE, OR WEB APPLICATION(S), OR ANY RELATED PLEX SERVICE(S) (referenced collectively herein as the “Plex Solution”). PLEX GmbH (“Plex”) IS WILLING TO LICENSE AND PERMIT USE OF THE PLEX SOLUTION SUBJECT AT ALL TIMES TO AGREEMENT WITH THIS TOS. BY USING OR OTHERWISE ACCESSING THE PLEX SOLUTION, YOU ACCEPT AND AGREE TO THIS TOS. IF YOU DO NOT AGREE TO THIS TOS, DO NOT USE THE PLEX SOLUTION.
LICENSE.
1.1. Plex Solution Overview. For more information regarding the currently available Plex Solution, please click here. The Plex Solution is provided pursuant to this TOS to individual persons (and not entities) residing in the countries or regions where Plex makes available its products and services.
1.2. General Plex Solution Grant. The Plex Solution is made available by Plex, and this TOS provides to you (identified herein as “you” or a “user” or with “your” (as further described below)) a personal (non-commercial), revocable, limited, non-exclusive, nontransferable, and non-sublicensable license to access and use the Plex Solution (by you and your Authorized Users (as defined below)) conditioned on your continued compliance with this TOS. You may print and download Plex materials and information from the Plex Solution solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in (or that are required to be displayed with) such materials and information and that you (or your Authorized User(s)) do not further distribute or disclose such materials and information. The content layout, formatting, and features (or functionality) of and online or remote access processes for the Plex Solution shall be as made available by Plex in its sole discretion. You also acknowledge and agree to the following: (i) Plex has the right to control and direct the means, manner, and method by which the Plex Solution is provided; (ii) Plex may, from time to time, engage independent contractors, consultants, or subcontractors to aid Plex in providing the Plex Solution or use thereof; and (iii) Plex has the right to provide the Plex Solution to others.
1.3. PMS Software Download(s). Plex may make downloadable software or a mobile application(s) available through or as a part of the Plex Solution for use in connection with your personal media management (“PMS Software”). The right to use the PMS Software is provided as a part of the grant (above) to use the Plex Solution in accordance with this TOS and subject to the following additional obligations. You may only use the PMS Software on a device or hardware that you own or control and as a part of your use of the Plex Solution or other Plex service. You hereby acknowledge that the PMS Software may include or allow integration with certain third-party executable modules that may be subject to additional license terms and conditions. Please click here for more information regarding such modules, but unless otherwise indicated, references to the Plex Solution herein shall include the PMS Software and any integrated third-party executable module(s) that you utilize.
1.4. Content Available Through the Plex Solution. In connection with the foregoing grant to use the Plex Solution, the Plex Solution allows you to view or otherwise access original Plex or third party Content. “Content” includes, but is not limited to, text, graphics, photos, sounds, audio, and videos in the form of, by way of example and not limitation, news reports, podcasts, videos, and music. The availability of such Content may change and not all Content is available in all formats. Use of the Content is subject to the license grant for the Plex Solution, but in addition, shall remain non-transferable and may be subject to additional license grant terms set by the respective third party licensor(s). Third-party Content displayed or accessible through the Plex Solution is protected by copyright and other intellectual property law and belongs to the respective owner(s) or licensor(s). This TOS does not grant you the right to copy (further), distribute, prepare derivative works, publicly display, or otherwise use any Content. You are expressly prohibited from engaging in or facilitating the unauthorized sharing or distribution of Content.
1.5. Plex Solution Updates. Plex may, but is not obligated to, update the Plex Solution with updates, upgrades, enhancements, improvements, additions, new or incremental features or functionality of and generally made available through the Plex Solution (as determined by Plex in its sole discretion), or modifications that are provided as part of product support and any other support or maintenance services that Plex provides as part of or otherwise in connection with the Plex Solution (collectively, “Plex Solution Updates”). In some instances, you may be required to consent to or to agree to use and implement an applicable Plex Solution Update in a timely manner, including, without limitation, as a means to protect the Plex Solution from unauthorized use, content, or data. If you decline a Plex Solution Update, you may not be able to use or access the Plex Solution (in whole or in part), and Plex shall have no responsibility or liability for any continued use. Unless otherwise indicated, references to the Plex Solution include any Plex Solution Updates.
1.6. Support. This TOS does not entitle you to any support or installation service (collectively, “Support”). Any such Support that may be made available by Plex, in its sole discretion, shall be subject to separate terms and conditions with Plex.
1.7. Authorized User(s). Subject to any third party license restrictions for applicable Content, you may enable members of your immediate family and for whom you will be responsible (each, an “Authorized User(s)”) to access and use the Plex Solution so long as all such use remains in compliance with this TOS. Nevertheless, you acknowledge and agree that you shall be responsible for monitoring your own and your Authorized User(s)’s use of the Plex Solution and for maintaining compliance with this TOS and any third party license restrictions for applicable Content. Any breach of this TOS by an Authorized User(s) shall constitute a breach by you. Unless otherwise indicated, references to “you” or “your” throughout this TOS therefore mean you, your Authorized User(s), and the person or entity named on your account with Plex.
LICENSE GRANT RESTRICTIONS. This TOS is only a license and not an assignment or sale. Plex transfers no ownership or intellectual property interest or title in and to the Plex Solution to you or anyone else. Further, Plex reserves all rights not expressly granted by this TOS. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense (other than to an Authorized User(s)), transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein (or by Plex) the Plex Solution. In particular, and without limitation of the foregoing, there is no right to distribute further the PMS Software to the public or in excess of the limited license (above). Moreover, this TOS does not grant any right to modify the PMS Software or provide a right or license in or to any third-party executable module(s) or accessible content beyond the limited and express grant herein.
INTERFACING SOFTWARE. “Interfacing Software” means any software that you obtain or provide and that accesses or calls any PMS Software provided by Plex as part of the Plex Solution including, but not limited to, plug-ins for the Plex Solution, channel plug-ins, metadata agents, and client applications that communicate directly or indirectly with the Plex Solution. You are responsible and liable for any Interfacing Software, including any data collection that may be undertaken or occur through the Interfacing Software. Plex encourages the implementation and adherence of data collection and use practices substantially similar to those articulated in the privacy policy of Plex (identified below). By making, or assisting others in making, available any Interfacing Software, you hereby grant Plex a worldwide, non-exclusive, and royalty-free right and license to use (including testing, hosting, and linking to), copy, publicly perform, publicly display (including screenshots), reproduce in copies for distribution, market or promote (as a part of the Plex Solution or other services of Plex), and distribute the copies of any Interfacing Software (or its associated name). In connection therewith, you hereby agree to provide and include (or link to) a privacy notice summarizing practices consistent with the privacy policy of Plex noted below and include in the source code of the Interfacing Software a copyright notice of the form: Copyright © <year> <copyright holders>. Any data collection by Plex shall be in a manner consistent with Plex’s privacy policy (noted below). Subject to the inclusion by Plex of this notice (if first provided to Plex by you), you grant, and authorize Plex to grant on your behalf, if necessary, a license, free of charge, to any person obtaining a copy of the Interfacing Software and associated documentation files from Plex, to deal in the Interfacing Software without restriction, including, without limitation, the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Interfacing Software, and to permit persons to whom the Interfacing Software is furnished to do so. You represent and warrant that you have all rights necessary to make the foregoing grants, and you further agree that you will use and integrate the Interfacing Software in a manner consistent with acceptable use of the Plex Solution pursuant to this TOS. You may notify us (please click here) if you do not wish for Plex to use the Interfacing Software that was created by and is owned by you. Any such notification must include all requested information and representations (as indicated by Plex). Plex will comply with such a proper request and cease its own use of the Interfacing Software, but Plex must be granted a transition period of at least thirty (30) days after receipt of the request to comply. Plex, however, shall not be obligated to confirm removal or cessation of the Interfacing Software by you or others (including Authorized Users) outside its control.
GENERAL USER OBLIGATIONS. You represent that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the Plex Solution, including, without limitation, when you provide information via a Plex Solution registration, account, or submission form. You are responsible for completing any registration(s) or account requirements for access to applicable third party Content available through the Plex Solution. Individuals under the age of eighteen (18) (or the applicable age of majority) may utilize the Plex Solution only with the involvement and acceptance of (this TOS by) a parent or legal guardian and then solely as an Authorized User under a parent or legal guardian’s account. You further represent that you (or the person agreeing to, accepting, or acting under this TOS) are authorized to act on behalf of the person or entity named on the account with Plex. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Plex Solution. In particular, you may not take any action that will infringe on the intellectual property rights of Plex or any other third party. You acknowledge that unauthorized use of copyrighted content of others may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement. You also acknowledge and agree that use of the Internet and the Plex Solution is solely at your own risk. You further understand that by using the Plex Solution you may encounter content that you may find offensive, indecent, or objectionable. You assume all responsibility for obtaining and paying for all licenses and costs for third-party software and hardware necessary for access to the Plex Solution, and for maintaining and backing-up your content and data.
USER CONTENT & ACCEPTABLE USE. The Plex Solution enables you to access content, data, communication, and other interactive features and functionality (with such uploaded, downloaded, shared, or exchanged information or content referenced collectively herein as a “User Content”). Distribution of User Content may be subject to third-party rights. You agree that by using the Plex Solution you will not upload, post, display, or transmit any of the following:
anything which defames, harasses, threatens, offends, or in any way violates or infringes on the rights (including, without limitation, patents, copyrights, or trademark rights) of others;
anything which may damage, lessen, or harm the goodwill or reputation of Plex and its services;
anything which involves the impersonation of any other person or entity;
anything which constitutes viral or harmful programming code, files, or software;
anything which constitutes junk mail, spam, or unauthorized advertising; or
anything which is unlawful.
Plex reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning the display or availability of any User Content. Further, Plex shall not have any obligation to incorporate or utilize any User Content that does not correspond to or meet Plex’s technical or usage practices, parameters, and limits.
PERMISSION TO USE USER CONTENT. You continue to retain any ownership rights you have in the User Content you make available to Plex and/or the Plex Solution. However, by submitting or making available any type of User Content, you automatically and hereby grant to Plex a royalty-free, transferable, sub-licensable and non-exclusive right and license to use or act on any such User Content in furtherance of and in connection with the operation of the Plex Solution. The rights you grant are limited to the purpose of providing and operating the Plex Solution. You specifically acknowledge that the Plex Solution facilitates distribution of the User Content, and as a part of the foregoing grant, you permit any user with whom you share content a non-exclusive license to access and use the User Content through the Plex Solution as permitted through the functionality of the Plex Solution. You represent that you have all necessary rights to make the foregoing grants and to otherwise make User Content(s) available to Plex and for (and through) the Plex Solution.
NO PRE-SCREENING OF USER CONTENT; REMOVAL. Plex is not responsible for pre-screening or editing your or any other user’s User Content, support forum posts, or any other communications and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any such content or communications. Moreover, Plex does not endorse, oppose, or edit any opinion or information provided by you or another user (unless separately and expressly provided by Plex) and does not make any representation with respect to, nor does it endorse the accuracy, integrity, quality, acceptability, completeness, timeliness, lawfulness, suitability, or reliability of any User Content or communications displayed, uploaded, or distributed by you or any other user. You also acknowledge that Plex has no control over the extent to which any idea, content, or information may be used by any party or person once it’s posted, shared, or displayed. Nevertheless, Plex reserves the right to take any action within its control with respect to User Content (or parts thereof), support forum posts, or any other communications that Plex reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce this TOS, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; (v) protect the rights, property, or safety of Plex, its users, or the public; or (vi) address any act or omission that Plex believes in good faith violates this TOS and/or is, or is potentially, unlawful or harmful to Plex, its services, or goodwill.
ACCOUNT. You may be required to provide certain personal information necessary to create an account with Plex. You may be required to create login credentials, such as a user name and password, or adhere to other particular access requirements as designated by Plex in its sole discretion from time to time. You are solely responsible for the activity that occurs on your account and agree to keep your login credentials confidential and secure. You acknowledge that Plex may not provide controls that restrict the maturity level of content available through the Plex Solution. If you allow your child (under the age of 18 or the legal age of majority, whichever is greater) to access your Plex account, you are solely responsible for monitoring your child’s use of the Plex Solution and determining what maturity level is appropriate for or accessible to your child. You shall immediately notify Plex if you suspect or become aware of any loss or theft of or unauthorized use of your access credentials.
SUBSCRIPTION & SALES.
9.1. Subscription. Plex currently offers access to the Plex Solution at no cost. However, Plex may make available fee-based subscription offering(s). Please click here for more information. The subscription cost, subscription term, available trial period (if any), renewal information, and permitted payment methods will be specified at the time of order. All subscriptions are billed immediately in advance and are final unless otherwise indicated by Plex or as may be required under applicable law. There will be no refunds or credits for partial months, upgrades/downgrades, or nonuse.
9.2. Subscription Changes & Renewal. Subscription fees are subject to change (with prior notice) and shall apply to the upcoming renewal period (if any) as indicated. Such notice may be provided by email or by posting the changes to your Plex account, the Plex website, or through the Plex Solution. When you enroll in any recurring subscription arrangement, you authorize Plex to automatically charge the billing source you provided Plex at the time you enrolled for the subscription term specified (at the time of enrollment) until the subscription ends or you cancel your enrollment. To avoid being charged for the next renewal period, you must cancel at least one (1) day prior to the end of the then-current Plex subscription term. You may cancel by clicking here. For any change (upgrade or downgrade) in your subscription that you make or request, your fee and method of payment will be automatically adjusted and charged (as applicable) at the new rate on your next billing cycle. Downgrading your subscription may cause the loss of content, features, or capacity of your account.
9.3. Payment. Plex shall charge and you shall be responsible for payment of all taxes, tariffs, levies, or duties (except that Plex does collect VAT in certain countries). Unless otherwise indicated by Plex in writing, all amounts are immediately due and payable upon order (or renewal). Upon placing an order, you therefore agree to pay using the payment method indicated and grant authorization to Plex to charge the applicable (fee) to your payment provider. All transactions, however, are void where prohibited by law and Plex may request particular information in order to confirm the order and method of payment. Plex also reserves the right to terminate or suspend access to the Plex Solution if you fail to pay any amounts when due. Unless otherwise specified herein, all obligations with respect to the amounts due to Plex under the TOS shall survive any expiration or termination of the TOS.
PROPRIETARY RIGHTS. The Plex Solution is owned by Plex GmbH or its licensor(s). Copyright 2016-2018 © Plex GmbH and/or its licensor(s). All rights reserved. All content available through the Plex Solution, unless otherwise indicated, is protected by copyright, trade secret, or other intellectual property laws. PLEX, the Plex logo, and all other names, logos, and icons identifying Plex and its solutions, products, and services are proprietary trademarks of Plex, and any use of such marks without the express written permission of Plex is strictly prohibited. Please see the Plex Trademarks and Guidelines policy statement available here for more information regarding the trademarks or service marks of Plex. Other service, product, or company names mentioned herein may be the trademarks and/or service marks of their respective owners.
THIRD-PARTY CONTENT. Third-party content displayed or accessible through the Plex Solution is protected by copyright and other intellectual property law and belongs to the respective owner. Use of the third-party content is subject to the terms of use of the third party providing such content. This TOS does not grant you the right to copy, distribute, prepare derivative works, publicly display, or otherwise use any third-party content. You are expressly prohibited from engaging in or facilitating the unauthorized sharing or distribution of third-party content.
CONFIDENTIALITY. You acknowledge and agree that the Plex Solution contains confidential or nonpublic information that is the trade secret(s) of Plex and/or its licensors (the “Confidential Information”). You agree to secure and protect the confidentiality of the Confidential Information of Plex (and/or its licensors) in a manner consistent with the maintenance of Plex’s rights therein, using at least as great a degree of care as you use to maintain the confidentiality of your own confidential information of a similar nature, but in no event using less than reasonable efforts. You shall not, nor permit any third party to, sell, transfer, publish, disclose, or otherwise make available any portion of the Confidential Information to third parties, except as expressly authorized in this TOS.
FEEDBACK. Plex welcomes your feedback and suggestions about Plex’s products or services or with respect to how to improve the Plex Solution. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to Plex, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Plex and enable Plex to use such Feedback. In addition, any Feedback received by Plex will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license from you for Plex to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary.
MOBILE USAGE. The Plex Solution offers a tool(s) or display functionality that is available to you via your mobile phone or other mobile computing device (“Mobile Plex Solution(s)”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Plex Solution(s). In addition, downloading, installing, or using certain Mobile Plex Solution(s) may be prohibited or restricted by your mobile carrier, and not all Mobile Plex Solution(s) may work with all carriers or devices or in all locations. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Plex Solution(s) are available for your mobile devices; what restrictions, if any, may be applicable to your use of the Mobile Plex Solution(s); and how much such use will cost you. Nevertheless, your use of the Plex Solution shall be strictly in accordance with this TOS.
LINKS TO OTHER SITES OR APPLICATIONS. Plex may provide links, in its sole discretion, to other sites or applications on the Internet, including to the Plex Store. Such other sites are maintained by third parties over which Plex exercises no control. These links do not imply an endorsement with respect to any third party or any third-party web site or the information, products, or services provided by any third party. Plex encourages review of the applicable terms, conditions or notices governing use of these third party sites or applications.
THIRD-PARTY PLATFORMS & NETWORKS. Certain features allow you to synchronize your content across third-party platforms and networks. These features will enhance the performance of the Plex Solution and allow you to better integrate and harmonize the Plex Solution with information stored on or used with third-party networks. Using this functionality typically requires you to login to your account on the third-party service, and you do so at your own risk. You should always review, and if necessary, adjust your privacy settings on these networks and platforms before linking or connecting them to the Plex Solution. You expressly acknowledge and agree that Plex is in no way responsible or liable for any such third-party services or features.
ADDITIONAL TERMS AND CONDITIONS.Additional notices, terms, and conditions may apply to certain subscription arrangements (including sign-up or registration), Plex products, solutions, or services, receipt of (or access to) certain content, participation in a particular program, and/or to specific portions or features of the Plex Solution. Without limitation of the foregoing, you hereby agree that (a) this TOS operates in addition to any terms of use imposed or required by any digital download platform from which you download the Plex Solution (“App Provider Terms”); and (b) the terms of this TOS supplement and do not alter or amend any such App Provider Terms.
PRIVACY POLICY. Please see Plex’s Privacy Policy for a summary of Plex’s personally identifiable information collection and use practices. Plex is not responsible for your use of Interfacing Software or of and any data collection or related usage practices associated with your operation or maintenance of any Interfacing Software. You further agree that any notices, agreements, disclosures, or other communications that Plex sends you electronically (using the contact information you provide through the Plex Solution) will satisfy any legal communication requirements.
REPRESENTATION(S). You represent and warrant that (i) the person accepting this TOS has the legal authority to bind the named person on the account, and (ii) he or she has the right, power, and authority to (a) enter into this TOS, (b) make the respective and applicable representations and warranties contained herein, and (c) commit to and perform the respective duties, obligations, and covenants set forth hereunder.
DISCLAIMER. THE PLEX SOLUTION IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. PLEX MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE PLEX SOLUTION AT ANY TIME AND FOR ANY REASON. OTHER THAN THE RIGHT TO FULFILL ITS OBLIGATIONS UNDER THIS TOS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLEX EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF INTERFERENCE WITH ENJOYMENT OF INFORMATION, SECURITY, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, YOU ACKNOWLEDGE AND AGREE THAT PLEX DOES NOT WARRANT THAT THE PLEX SOLUTION WILL OPERATE FREE OF VIRUSES, MALWARE, OR HARMFUL PROGRAMMING SOFTWARE (OR CODE), ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS OR MEET ANY LEGAL, TECHNICAL, OR CERTIFICATION STANDARD. BECAUSE THE PLEX SOLUTION IS BASED ON YOUR CONTENT AND DATA, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLEX SOLUTION IS WITH YOU. IF THIS DISCLAIMER OF WARRANTY IS HELD TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION IN ANY MANNER, THEN ALL EXPRESS AND/OR IMPLIED WARRANTIES MANDATED BY SUCH COURT SHALL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS FROM THE COMMENCEMENT OF THE INITIAL PERIOD FOR THE PLEX SOLUTION AND NO WARRANTIES SHALL APPLY AFTER THIS THIRTY (30) DAY PERIOD.
LIMITATION OF LIABILITY. YOU EXPRESSLY ABSOLVE AND RELEASE PLEX FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND PLEX’S CONTROL, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE CAUSED BY HARDWARE, FILES, SYSTEMS, SOFTWARE, SERVICES, OR NETWORKS OUTSIDE THE CONTROL OF PLEX. PLEX IS NOT RESPONSIBLE OR LIABLE FOR YOUR OR ANY OTHER PERSON’S USE OF ANY INTERFACING SOFTWARE (OUTSIDE ITS CONTROL). MOREOVER, ALL USER CONTENT (OR OTHER DATA OR CONTENT) YOU ACCESS THROUGH THE PLEX SOLUTION IS AT YOUR OWN RISK. IN CONNECTION THEREWITH, YOU SPECIFICALLY ACKNOWLEDGE THAT PLEX SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE (OR DELAY IN USE) OF OR FAILURE TO STORE ANY DATA OR CONTENT MADE AVAILABLE THROUGH THE PLEX SOLUTION AND SHALL NOT BE LIABLE FOR ANY USE OF ANY USER CONTENT BY OTHERS, INCLUDING YOUR AUTHORIZED USERS. MOREOVER, IN NO EVENT SHALL PLEX BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PLEX SOLUTION OR WITH THE DELAY OR INABILITY TO USE THE PLEX SOLUTION, EVEN IF PLEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF PLEX FOR BREACH OF THIS TOS IS CESSATION OF USE OF THE PLEX SOLUTION AND FOR ANY OTHER REASON RELATED TO OR ARISING OUT OF YOUR USE OF THE PLEX SOLUTION WHATSOEVER FOR AN AMOUNT NOT EXCEEDING $100 OR THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO PLEX DURING THE PAST THREE MONTHS IN CONNECTION WITH YOUR INDIVIDUAL USE OF THE PLEX SOLUTION, WHICHEVER IS GREATER. You and Plex agree to only bring claims arising from this TOS on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless you and Plex agree otherwise, more than one person’s or party’s claims may not be consolidated. You and Plex agree that relief (including monetary, injunctive, and declaratory relief) may be awarded only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).
INDEMNIFICATION. You agree to indemnify, defend, and hold Plex (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including, without limitation, attorneys’ fees, arising out of or related in any manner to your breach or alleged breach of this TOS, your Interfacing Software, or for any violation or alleged violation of the rights (including, without limitation, patents, copyrights, or trademark rights) of any other person or entity by your User Content.
ARBITRATION. You agree that all disputes between you and Plex (whether or not such dispute involves a third party) with regard to your relationship with Plex, including, without limitation, disputes related to this TOS, your use of the Plex Solution, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration. Without limiting Plex’s right to seek injunctive or other equitable relief (as set forth below), any disputes arising with respect to this TOS between you and Plex (“parties”) shall be referred to an arbitrator affiliated with the Judicial Arbitration and Mediation Services, Inc. (“JAMS”). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. Arbitration shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of California Code of Civil Procedure Section 1283.05 with respect to discovery. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding shall be carried on and heard in Santa Clara County, California using the English language. In any action or proceeding to enforce rights under this TOS, the prevailing party will be entitled to recover costs and reasonable attorneys’ fees from the other party. You may bring claims only on your own behalf. Neither you nor Plex will participate in a class-wide arbitration for any claims covered by this TOS. This dispute resolution provision will be governed by the Federal Arbitration Act.
GOVERNING LAW. The Plex Solution is controlled and operated by Plex from its offices within the United States. This TOS has been made in and will be construed and enforced in accordance with the laws of the State of California as applied to agreements entered into and completely performed in the State of California. You access and use the Plex Solution on your own volition and are responsible for compliance with all applicable laws with respect to your access and use of the Plex Solution. Additionally, Plex’s headquarters are located in the United States. Please be aware that information you provide to Plex, or that Plex obtains as a result of your use of the Plex Solution, may be processed and transferred to the United States and be subject to United States law. Subject to the foregoing arbitration right, any action to enforce this TOS will be brought in the courts presiding in the Superior Court of Santa Clara County and the United States District Court for the Northern District of California, and all parties to this TOS expressly agree to be subject to the jurisdiction of such courts. You and Plex waive trial by jury. Moreover, you may bring claims only on your own behalf. Neither you nor Plex will participate in a class action or class-wide arbitration for any claims covered by this TOS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Plex is a party to the proceeding.
COMMUNICATIONS AND NOTICE. Any communication(s) or notice (and any related materials or information) to be sent pursuant to this TOS shall be in the English language and shall be deemed provided: (a) upon receipt if by personal delivery; (b) upon receipt if sent by certified or registered U.S. Mail (return receipt requested); (c) one day after it is sent if by next-day delivery by a major commercial delivery service; or (d) with respect to termination of this TOS or for information applicable generally to end users of the Plex Solution, to the email address designated by you.
EXPORT CONTROL AND LEGAL COMPLIANCE. You represent and warrant that you are not (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties. You hereby agree that (i) you will comply with all applicable Sanctions and Export Control Laws, (ii) you are solely responsible for ensuring that the Plex Solution is used, disclosed, and/or transported only in accordance with all applicable Sanctions and Export Control Laws, and (iii) you will not re-export or transfer the Plex Solution, in any form, directly or indirectly, to any person or entity based in Cuba, Iran, Syria, Sudan, South Sudan, or North Korea.
ENFORCING SECURITY. You may not use the Plex Solution or any of Plex’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using Plex data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of a Plex system or network, circumventing any Plex security or authentication measures, monitoring Plex data or traffic, interfering with any Plex services, collecting or using from the Plex Solution email addresses, screen names, or other identifiers, collecting or using from the Plex Solution information without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using the Plex Solution to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that it likely to result in retaliation against Plex or its data, systems, or network. Actual or attempted unauthorized use of the Plex Solution may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Plex reserves the right to view, monitor, and record activity through the Plex Solution without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity through the Plex Solution as well as to disclosures required by or under applicable law or related government agency actions. Plex will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, Plex reserves the right to, at any time and without notice, modify, update, suspend, terminate, or interrupt operation of or access to the Plex Solution, or any portion of the Plex Solution in order to protect the Plex Solution or Plex.
INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOS, including, without limitation, with respect to unauthorized use of Plex proprietary assets, will cause irreparable injury to Plex, such injury would not be quantifiable in monetary damages, and Plex would not have an adequate remedy at law. You therefore agree that Plex shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOS. Accordingly, you hereby waive any requirement that Plex post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Plex to enforce any provision of this TOS.
TERM AND TERMINATION. This TOS will take effect (or re-take effect) at the (and each) time you begin installing, accessing, or using the Plex Solution, WHICHEVER IS EARLIEST, and is effective until terminated as set forth below. Plex reserves the right to terminate this TOS at any time on reasonable grounds, which shall specifically include, without limitation, discontinuation of the Plex Solution (or related services) as an offering of the Plex business, nonpayment, termination of account, fraudulent or unlawful activity, or actions or omissions that violate this TOS, subject to the survival rights of certain provisions identified below. In addition, Plex shall have the right to take appropriate administrative and/or legal action in the event of breach or (alleged) criminal activity, including alerting legal authorities, as it deems necessary in its sole discretion. You may also terminate this TOS at any time by providing Plex with notice of cancellation, but all applicable provisions of this TOS will survive termination, as identified below. You may close your account by clicking here. Upon termination and in accordance with law, your right to access and use the Plex Solution shall cease (regardless of the subscription period) and you must immediately destroy all copies of any aspect of the Plex Solution in your possession. Termination shall result in deactivation or deletion of your account with Plex. The provisions concerning Content, License Grant Restrictions, Proprietary Rights, Permission to Use User Content, Proprietary Rights, Feedback, Confidentiality, Additional Terms and Conditions, Disclaimer of Warranty, Limitation of Liability, Indemnification (for a period of one year after termination), Arbitration, Governing Law, Enforcing Security, Injunctive Relief, Term and Termination, Waiver & Severability, and Entire Agreement will survive the termination of this TOS for any reason. Further, Plex shall not be responsible for any damage that may result or arise out of termination of this TOS.
WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver of any subsequent default or failure of performance. No waiver by Plex of any right under this TOS will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable, provision that most clearly matches the intent of the original provision and the remainder of this TOS shall continue in effect.
ENTIRE AGREEMENT. No joint venture, partnership, employment, or agency relationship exists between you and Plex as a result of this TOS or your utilization of the Plex Solution, and you do not have any authority of any kind to bind Plex in any respect whatsoever. This TOS represents the entire agreement between you and Plex with respect to your individual use of the Plex Solution. This TOS is not assignable, transferable, or sub-licensable by you except with Plex’s prior written consent. Plex may transfer, assign, or delegate this TOS and its rights and obligations without consent. Please note that Plex reserves the right to change the terms and conditions of this TOS and the terms and conditions under which the Plex Solution and its offerings are extended to you by posting online a revised TOS or mailing and/or e-mailing notice thereof to you. In addition, Plex may add, modify, or delete any aspect, program, functionality, or feature of the Plex Solution. Your continued use of the Plex Solution following any addition, modification, or deletion will be conclusively deemed acceptance of any change to the terms and conditions of this TOS. Accordingly, please review this TOS found at this location on a periodic basis.
CONTACT INFORMATION. If you have questions regarding the Plex Solution or if you are interested in obtaining more information concerning Plex or its products, services, or solutions, please contact Plex.

163
sdk_container/src/third_party/portage-stable/licenses/RSAL-2 vendored Normal file
View File

@ -0,0 +1,163 @@
Redis Source Available License 2.0 (RSALv2) Agreement
=====================================================
Last Update: December 30, 2023
Acceptance
----------
This Agreement sets forth the terms and conditions on which the Licensor
makes available the Software. By installing, downloading, accessing,
Using, or distributing any of the Software, You agree to all of the
terms and conditions of this Agreement.
If You are receiving the Software on behalf of Your Company, You
represent and warrant that You have the authority to agree to this
Agreement on behalf of such entity.
The Licensor reserves the right to update this Agreement from time to
time.
The terms below have the meanings set forth below for purposes of this
Agreement:
Definitions
-----------
Agreement: this Redis Source Available License 2.0 Agreement.
Control: ownership, directly or indirectly, of substantially all the
assets of an entity, or the power to direct its management and policies
by vote, contract, or otherwise.
License: the License as described in the License paragraph below.
Licensor: the entity offering these terms, which includes Redis Ltd. on
behalf of itself and its subsidiaries and affiliates worldwide.
Modify, Modified, or Modification: copy from or adapt all or part of the
work in a fashion requiring copyright permission other than making an
exact copy. The resulting work is called a Modified version of the
earlier work.
Redis: the Redis software as described in redis.com redis.io.
Software: certain Software components designed to work with Redis and
provided to You under this Agreement.
Trademark: the trademarks, service marks, and any other similar rights.
Use: anything You do with the Software requiring one of Your Licenses.
You: the recipient of the Software, the individual or entity on whose
behalf You are agreeing to this Agreement.
Your Company: any legal entity, sole proprietorship, or other kind of
organization that You work for, plus all organizations that have control
over, are under the control of, or are under common control with that
organization.
Your Licenses: means all the Licenses granted to You for the Software
under this Agreement.
License
-------
The Licensor grants You a non-exclusive, royalty-free, worldwide,
non-sublicensable, non-transferable license to use, copy, distribute,
make available, and prepare derivative works of the Software, in each
case subject to the limitations and conditions below.
Limitations
-----------
You may not make the functionality of the Software or a Modified version
available to third parties as a service or distribute the Software or a
Modified version in a manner that makes the functionality of the
Software available to third parties.
Making the functionality of the Software or Modified version available
to third parties includes, without limitation, enabling third parties to
interact with the functionality of the Software or Modified version in
distributed form or remotely through a computer network, offering a
product or service, the value of which entirely or primarily derives
from the value of the Software or Modified version, or offering a
product or service that accomplishes for users the primary purpose of
the Software or Modified version.
You may not alter, remove, or obscure any licensing, copyright, or other
notices of the Licensor in the Software. Any use of the Licensor's
Trademarks is subject to applicable law.
Patents
-------
The Licensor grants You a License, under any patent claims the Licensor
can License, or becomes able to License, to make, have made, use, sell,
offer for sale, import and have imported the Software, in each case
subject to the limitations and conditions in this License. This License
does not cover any patent claims that You cause to be infringed by
Modifications or additions to the Software. If You or Your Company make
any written claim that the Software infringes or contributes to
infringement of any patent, your patent License for the Software granted
under this Agreement ends immediately. If Your Company makes such a
claim, your patent License ends immediately for work on behalf of Your
Company.
Notices
-------
You must ensure that anyone who gets a copy of any part of the Software
from You also gets a copy of the terms and conditions in this Agreement.
If You modify the Software, You must include in any Modified copies of
the Software prominent notices stating that You have Modified the
Software.
No Other Rights
---------------
The terms and conditions of this Agreement do not imply any Licenses
other than those expressly granted in this Agreement.
Termination
-----------
If You Use the Software in violation of this Agreement, such Use is not
Licensed, and Your Licenses will automatically terminate. If the
Licensor provides You with a notice of your violation, and You cease all
violations of this License no later than 30 days after You receive that
notice, Your Licenses will be reinstated retroactively. However, if You
violate this Agreement after such reinstatement, any additional
violation of this Agreement will cause your Licenses to terminate
automatically and permanently.
No Liability
------------
As far as the law allows, the Software comes as is, without any
warranty or condition, and the Licensor will not be liable to You for
any damages arising out of this Agreement or the Use or nature of the
Software, under any kind of legal claim.
Governing Law and Jurisdiction
------------------------------
If You are located in Asia, Pacific, Americas, or other jurisdictions
not listed below, the Agreement will be construed and enforced in all
respects in accordance with the laws of the State of California, U.S.A.,
without reference to its choice of law rules. The courts located in the
County of Santa Clara, California, have exclusive jurisdiction for all
purposes relating to this Agreement.
If You are located in Israel, the Agreement will be construed and
enforced in all respects in accordance with the laws of the State of
Israel without reference to its choice of law rules. The courts located
in the Central District of the State of Israel have exclusive
jurisdiction for all purposes relating to this Agreement.
If You are located in Europe, United Kingdom, Middle East or Africa, the
Agreement will be construed and enforced in all respects in accordance
with the laws of England and Wales without reference to its choice of
law rules. The competent courts located in London, England, have
exclusive jurisdiction for all purposes relating to this Agreement.

6
sdk_container/src/third_party/portage-stable/licenses/SunSoft vendored Normal file
View File

@ -0,0 +1,6 @@
Copyright (C) 1993-2004 by Sun Microsystems, Inc. All rights reserved.
Developed at SunSoft, a Sun Microsystems, Inc. business.
Permission to use, copy, modify, and distribute this
software is freely granted, provided that this notice
is preserved.

57
sdk_container/src/third_party/portage-stable/licenses/Unicode-DFS-2015 vendored Normal file
View File

@ -0,0 +1,57 @@
UNICODE, INC. LICENSE AGREEMENT - DATA FILES AND SOFTWARE
Unicode Data Files include all data files under the directories
http://www.unicode.org/Public/, http://www.unicode.org/reports/,
and http://www.unicode.org/cldr/data/.
Unicode Data Files do not include PDF online code charts under the
directory http://www.unicode.org/Public/.
Software includes any source code published in the Unicode Standard
or under the directories
http://www.unicode.org/Public/, http://www.unicode.org/reports/,
and http://www.unicode.org/cldr/data/.
NOTICE TO USER: Carefully read the following legal agreement.
BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING UNICODE INC.'S
DATA FILES ("DATA FILES"), AND/OR SOFTWARE ("SOFTWARE"),
YOU UNEQUIVOCALLY ACCEPT, AND AGREE TO BE BOUND BY, ALL OF THE
TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, COPY, DISTRIBUTE OR USE
THE DATA FILES OR SOFTWARE.
COPYRIGHT AND PERMISSION NOTICE
Copyright © 1991-2015 Unicode, Inc. All rights reserved.
Distributed under the Terms of Use in
http://www.unicode.org/copyright.html.
Permission is hereby granted, free of charge, to any person obtaining
a copy of the Unicode data files and any associated documentation
(the "Data Files") or Unicode software and any associated documentation
(the "Software") to deal in the Data Files or Software
without restriction, including without limitation the rights to use,
copy, modify, merge, publish, distribute, and/or sell copies of
the Data Files or Software, and to permit persons to whom the Data Files
or Software are furnished to do so, provided that
(a) this copyright and permission notice appear with all copies
of the Data Files or Software,
(b) this copyright and permission notice appear in associated
documentation, and
(c) there is clear notice in each modified Data File or in the Software
as well as in the documentation associated with the Data File(s) or
Software that the data or software has been modified.
THE DATA FILES AND SOFTWARE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS.
IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS
NOTICE BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL
DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF THE DATA FILES OR SOFTWARE.
Except as contained in this notice, the name of a copyright holder
shall not be used in advertising or otherwise to promote the sale,
use or other dealings in these Data Files or Software without prior
written authorization of the copyright holder.

10
sdk_container/src/third_party/portage-stable/licenses/X11-Lucent vendored Normal file
View File

@ -0,0 +1,10 @@
Permission to use, copy, modify, and distribute this software for any
purpose without fee is hereby granted, provided that this entire notice
is included in all copies of any software which is or includes a copy
or modification of this software and in all copies of the supporting
documentation for such software.
THIS SOFTWARE IS BEING PROVIDED "AS IS", WITHOUT ANY EXPRESS OR IMPLIED
WARRANTY. IN PARTICULAR, NEITHER THE AUTHORS NOR LUCENT TECHNOLOGIES MAKE ANY
REPRESENTATION OR WARRANTY OF ANY KIND CONCERNING THE MERCHANTABILITY
OF THIS SOFTWARE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.