qpopper - new license. Is this OK?
Qpopper 2.52 has just been released by qualcomm. It is accompanied
by a new license, and I wonder if it is DFSG compliant.. could someone
comment on this please?
I specifically wonder what they mean with "Distributors".
QUALCOMM Incorporated License Terms for QPOPPER
QPOPPER SOFTWARE IS PROVIDED TO THE USER "AS IS". QUALCOMM MAKES NO
WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE QPOPPER
SOFTWARE AND/OR ASSOCIATED MATERIALS PROVIDED TO THE USER, INCLUDING BUT
NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR AGAINST INFRINGEMENT. QUALCOMM DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT
THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, QUALCOMM DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE SOFTWARE OR ANY DOCUMENTATION PROVIDED THEREWITH IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY QUALCOMM OR A QUALCOMM AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE
OF THIS WARRANTY.
LIMITATION OF LIABILITY -- QUALCOMM AND ITS LICENSORS ARE NOT LIABLE
FOR ANY CLAIMS OR DAMAGES WHATSOEVER, INCLUDING PROPERTY DAMAGE,
PERSONAL INJURY, INTELLECTUAL PROPERTY INFRINGEMENT, LOSS OF PROFITS, OR
INTERRUPTION OF BUSINESS, OR FOR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL
DAMAGES, HOWEVER CAUSED, WHETHER ARISING OUT OF BREACH OF WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
QUALCOMM grants to Distributors a nonexclusive, nontransferable
license to use, distribute and sublicense the QPOPPER Software to
its end user customers, subject to the provisions of this Agreement.
Distributor's sublicenses will not be materially inconsistent with the
terms and conditions of this license regarding the rights granted and
obligations imposed upon Distributor by QUALCOMM.
Copyright (c) 1998 by QUALCOMM Incorporated. All rights reserved.
QUALCOMM is a registered trademark and registered service mark of QUALCOMM
Incorporated. All other trademarks and service marks are the property
of their respective owners. 6/30/97
IMPORTANT This software program contains code, and/or derivatives
or modifications of code originating from the software program
"Popper". Popper is (c) Copyright 1989-1991 The Regents of the University
of California, All Rights Reserved. Popper was created by Austin Shelton,
Information Systems and Technology, University of California, Berkeley.
Permission from the Regents of the University of California to use,
copy, modify, and distribute the "Popper" software contained herein
for any purpose, without fee, and without a written agreement is hereby
granted, provided that the above copyright notice and this paragraph and
the following two paragraphs appear in all copies. HOWEVER, ADDITIONAL
PERMISSIONS MAY BE NECESSARY FROM OTHER PERSONS OR ENTITIES, TO USE
DERIVATIVES OR MODIFICATIONS OF POPPER.
IN NO EVENT SHALL THE UNIVERSITY OF CALIFORNIA BE LIABLE TO ANY PARTY
FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
INCLUDING LOST PROFITS, ARISING OUT OF THE USE OF THE POPPER SOFTWARE,
OR ITS DERIVATIVES OR MODIFICATIONS, AND ITS DOCUMENTATION, EVEN IF
THE UNIVERSITY OF CALIFORNIA HAS BEEN ADVISED OF THE POSSIBLITY OF
SUCH DAMAGE.
THE UNIVERSITY OF CALIFORNIA, SPECIFICALLY DISCLAIMS ANY WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. THE POPPER SOFTWARE PROVIDED
HEREUNDER IS ON AN "AS IS" BASIS, AND THE UNIVERSITY OF CALIFORNIA HAS
NO OBLIGATIONS TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENCHANCEMENTS,
OR MODIFICATIONS.
--
Miquel van Smoorenburg | Our vision is to speed up time,
miquels@cistron.nl | eventually eliminating it.
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