Hi,
I package "icc-profiles" - a collection of color profiles suitable for usage
with color management enabled software like The Gimp, Scribus, and CinePaint.
Among the people involved in this area several "classic" Adobe ICC profiles
have been in high standing for a long time. Adobe just released their first
Unix/Linux bundle of those ICC profiles under the license referenced and
listed below. There are two legal parts to this - "Bundling Agreement" for
distributors and a "Color Profile License Agreement" (Adobe EULA). I
personally think after reviewing it that the license is non-free, but to
decide if the bundle is even distributable by Debian, so I can include those
profiles into my non-free icc-profiles package, I hope that someone more
experienced in these matters would like to take a look at the licenses. The
first part that is stopping me from calling it distributable in Debian's
non-free is section 3 of the Bundling Agreement. First, there is a requirement
of defence and idemnification against third parties, which I am not sure that
Debian can accept. Second, there is a requirement of obtaining the agreement
of the end user under the EULA. That seems to require explicit action of
agreement from an end user that I am not sure a regular user who just installs
the Debian package and never reads the copyright file provides. There may be
more to these licenses that I missed, so I'm including the complete text
below.
Thank you,
Alex
Source:
http://www.adobe.com/support/downloads/iccprofiles/icc_eula_unix_dist.html
Full text:
Trademark information
Adobe is either a registered trademark or a trademark of Adobe Systems
Incorporated in the United States and/or other countries. All instances of the
name "Adobe RGB" are references to the Adobe RGB (1998) color space and color
encodings as defined by Adobe, unless otherwise stated. The name "Adobe RGB
(1998)" also is used as a software product trademark for Adobe's
implementation of the Adobe RGB (1998) ICC profile. Adobe does not permit the
use of the Adobe RGB trademark for software, hardware, or other related
products from companies other than Adobe, unless the company has obtained a
prior written license from Adobe to do so.
ADOBE SYSTEMS INCORPORATED COLOR PROFILE BUNDLING AGREEMENT
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY
PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN
NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE WITH THE TERMS OF THIS
AGREEMENT, DO NOT USE THE SOFTWARE.
1. DEFINITIONS. In this Agreement, "Adobe" means Adobe Systems Incorporated, a
Delaware corporation, located at 345 Park Avenue, San Jose, California 95110.
"Software" means the software and related items with which this Agreement is
provided, as listed in Exhibit A.
2. LICENSE. Subject to the terms of this Agreement, Adobe hereby grants you
the worldwide, nonexclusive, nontransferable, royalty-free license to use,
reproduce, and publicly display the Software. Adobe also grants you the rights
to distribute the Software: (a) on a standalone basis, (b) as embedded within
digital image files. (c) as embedded within hardware products that author
digital images, where there is no End User access to the Software, and (d) as
bundled with your own application software, provided that you comply with all
the distribution requirements in Section 3 below. No other distribution of the
Software is allowed. All individual profiles must be referenced by their ICC
Profile description string. YOU MAY NOT MODIFY THE SOFTWARE. Adobe is under no
obligation to provide any support under this Agreement, including upgrades or
future versions of the Software or other items. No title to the intellectual
property in the Software is transferred to you under the terms of this
Agreement. You do not acquire any rights to the Software except as expressly
set forth in this Agreement.
Notwithstanding the above, if you are bundling with Linux╝ or UNIX╝ software
products, you may (a) add shortcut or menu items within your software that
point to the Software, but may not change the name or iconography of the
Software, (b) repackage the RPM or Gzip versions of the Software for
distribution purposes, and (c) create a graphical user interface as otherwise
specifically allowed by instructions found at www.adobe.com or
http://partners.adobe.com (e.g.,installation of additional plug-in and help
files) but may not add, delete, or modify any components of the Software
without the explicit written permission of Adobe.
3. DISTRIBUTION. If you choose to distribute the Software, you do so with the
understanding that you agree to defend, indemnify, and hold harmless Adobe
against any losses, damages, or costs arising from any claims, lawsuits, or
other legal actions arising out of such distribution, including, without
limitation, product liability and other claims by consumers and your failure
to comply with this Section 3. If you distribute the Software on a standalone
or bundled basis, you will do so by first obtaining the agreement of the end
user under the terms of either the Adobe End User License Agreement ("Adobe
EULA"), attached as Exhibit B, or your own license agreement which (a)
complies with the terms and conditions of this Agreement; (b) effectively
disclaims all warranties and conditions, express or implied, on behalf of
Adobe; (c) effectively excludes all liability for damages on behalf of Adobe;
(d) substantially states that any provisions that differ from this Agreement
are offered by you alone and not Adobe; and (e) substantially states that the
Software is available from you or Adobe and informs licensees how to obtain it
in a reasonable manner on or through a medium customarily used for software
exchange. Any distributed Software will include the Adobe copyright notices as
included in the Software provided to you by Adobe.
4. DISCLAIMER OF WARRANTY. Adobe licenses the Software to you on an "AS IS"
basis. Adobe makes no representation as to the adequacy of the Software for
any particular purpose or to produce any particular result. Adobe shall not be
liable for loss or damage arising out of this Agreement or from the
distribution or use of the Software or any other materials. ADOBE AND ITS
SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN
BY USING THE SOFTWARE, EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION, OR
TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED
BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION. ADOBE AND ITS SUPPLIERS MAKE NO
WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS, EXPRESS OR IMPLIED, WHETHER
BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY OTHER MATTERS,
INCLUDING BUT NOT LIMITED TO NONINFRINGEMENT OF THIRD-PARTY RIGHTS,
INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU
MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. The
provisions of Sections 4 and 5 shall survive the termination of this
Agreement, howsoever caused, but this shall not imply or create any continued
right to use the Software after termination of this Agreement.
5. LIMITATION OF LIABILITY. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE
TO YOU FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL,
INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN
ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS,
DAMAGES, CLAIMS, OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING
LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN
YOUR JURISDICTION. ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER
OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR
THE SOFTWARE. Nothing contained in this Agreement limits Adobe's liability to
you in the event of death or personal injury resulting from Adobe's negligence
or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers
for the purpose of disclaiming, excluding, and/or limiting obligations,
warranties, and liability as provided in this Agreement, but in no other
respects and for no other purpose.
6. TRADEMARKS. Adobe grants you a worldwide, nonexclusive, nontransferable,
personal right to use the "Adobe" word trademark (the "Trademark") solely to
identify Adobe as the source of the Adobe RGB (1998) product or Adobe RGB
technology, so long as such use complies with the terms of this Agreement, the
trademark guidelines available at the "Permissions and trademarks" pages of
the Adobe website (www.adobe.com), and the "Adobe Trademark Guidelines for
third parties who license, use or refer to Adobe trademarks," also available
from the Adobe website. You acknowledge the validity of the Trademark and
Adobe's ownership of the Trademark. Nothing in this Agreement shall give you
any right, title, or interest in the Trademark, other than the license rights
granted in this Agreement. You recognize the value of the goodwill associated
with the Trademark and acknowledge that such goodwill exclusively inures to
the benefit of and belongs to Adobe. Adobe and the Adobe logo are either
registered trademarks or trademarks of Adobe Systems Incorporated in the
United States and/or other countries. With the exception of referential use
and the rights granted in this Agreement, you will not use such trademarks or
any other Adobe trademark or logo without separate prior written permission
from Adobe.
7. TERM. This Agreement is effective until terminated. Adobe has the right to
terminate this Agreement immediately if you fail to comply with any term
hereof. Upon any such termination, you must return to Adobe all full and
partial copies of the Software in your possession or control.
8. GOVERNMENT REGULATIONS. If any part of the Software is identified as an
export-controlled item under the United States Export Administration Act or
any other export law, restriction, or regulation (the "Export Laws"), you
represent and warrant that you are not a citizen, or otherwise located within,
an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan,
Libya, Cuba, North Korea, and Serbia) and that you are not otherwise
prohibited under the Export Laws from receiving the Software. All rights to
use the Software are granted on condition that such rights are forfeited if
you fail to comply with the terms of this Agreement.
9. GOVERNING LAW. This Agreement will be governed by and construed in
accordance with the substantive laws in force in the State of California as
such laws are applied to agreements entered into and to be performed entirely
within California between California residents. This Agreement will not be
governed by the conflict of law rules of any jurisdiction or the United
Nations Convention on Contracts for the International Sale of Goods, the
application of which is expressly excluded. All disputes arising out of, under
or related to this Agreement will be brought exclusively in the state Santa
Clara County, California, USA.
10. GENERAL. You may not assign your rights or obligations granted under this
Agreement without the prior written consent of Adobe. None of the provisions
of this Agreement shall be deemed to have been waived by any act or
acquiescence on the part of Adobe, its agents, or employees, but only by an
instrument in writing signed by an authorized signatory of Adobe. When
conflicting language exists between this Agreement and any other agreement
included in the Software, the terms of such included agreement shall apply. If
either you or Adobe employs attorneys to enforce any rights arising out of or
relating to this Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees. You acknowledge that you have read this Agreement,
understand it, and that it is the complete and exclusive statement of your
agreement with Adobe which supersedes any prior agreement, oral or written,
between Adobe and you with respect to the licensing to you of the Software. No
variation of the terms of this Agreement will be enforceable against Adobe
unless Adobe gives its express consent, in writing, signed by an authorized
signatory of Adobe.
EXHIBIT A
The "Software" for the purposes of this Agreement and which Licensee is
permitted to distribute subject to the terms and conditions of this Agreement,
shall consist of one or more of the following color profiles: 4 RGB profiles
* Adobe RGB (1998)
* Apple RGB
* ColorMatch RGB
* sRGB IEC61966-2.1
10 CMYK profiles
* Europe ISO Coated FOGRA27
* Euroscale Uncoated v2
* Japan Color 2001 Coated
* Japan Color 2001 Uncoated
* Japan Color 2002 Newspaper
* Japan Web Coated (Ad)
* U.S. Sheetfed Coated v2
* U.S. Sheetfed Uncoated v2
* U.S. Web Coated (SWOP) v2
* U.S. Web Uncoated v2
EXHIBIT B
ADOBE SYSTEMS INCORPORATED
COLOR PROFILE LICENSE AGREEMENT
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY
PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN
NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE WITH THE TERMS OF THIS
AGREEMENT, DO NOT USE THE SOFTWARE.
1. DEFINITIONS. In this Agreement, "Adobe" means Adobe Systems Incorporated, a
Delaware corporation, located at 345 Park Avenue, San Jose, California 95110.
"Software" means the software and related items with which this Agreement is
provided.
2. LICENSE. Subject to the terms of this Agreement, Adobe hereby grants you
the worldwide, nonexclusive, nontransferable, royalty-free license to use,
reproduce, and publicly display the Software. Adobe also grants you the rights
to distribute the Software only (a) as embedded within digital image files and
(b) on a standalone basis. No other distribution of the Software is allowed,
including, without limitation, distribution of the Software when incorporated
into or bundled with any application software. All individual profiles must be
referenced by their ICC Profile description string. You may not modify the
Software. Adobe is under no obligation to provide any support under this
Agreement, including upgrades or future versions of the Software or other
items. No title to the intellectual property in the Software is transferred to
you under the terms of this Agreement. You do not acquire any rights to the
Software except as expressly set forth in this Agreement.
3. DISTRIBUTION. If you choose to distribute the Software, you do so with the
understanding that you agree to defend, indemnify, and hold harmless Adobe
against any losses, damages, or costs arising from any claims, lawsuits, or
other legal actions arising out of such distribution, including without
limitation, your failure to comply with this Section 3. If you distribute the
Software on a standalone basis, you will do so under the terms of this
Agreement or your own license agreement which (a) complies with the terms and
conditions of this Agreement; (b)effectively disclaims all warranties and
conditions, express or implied, on behalf of Adobe; (c)effectively excludes
all liability for damages on behalf of Adobe; (d) substantially states that
any provisions that differ from this Agreement are offered by you alone and
not Adobe; and (e) substantially states that the Software is available from
you or Adobe and informs licensees how to obtain it in a reasonable manner on
or through a medium customarily used for software exchange. Any distributed
Software will include the Adobe copyright notices as included in the Software
provided to you by Adobe.
4. DISCLAIMER OF WARRANTY. Adobe licenses the Software to you on an "AS IS"
basis. Adobe makes no representation as to the adequacy of the Software for
any particular purpose or to produce any particular result. Adobe shall not be
liable for loss or damage arising out of this Agreement or from the
distribution or use of the Software or any other materials. ADOBE AND ITS
SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN
BY USING THE SOFTWARE, EXCEPT FOR ANY WARRANTY,CONDITION, REPRESENTATION, OR
TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED
BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION. ADOBE AND ITS SUPPLIERS MAKE NO
WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS, EXPRESS OR IMPLIED, WHETHER
BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY OTHER MATTERS,
INCLUDING BUT NOT LIMITED TO NONINFRINGEMENT OF THIRD-PARTY RIGHTS,
INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU
MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. The
provisions of Sections 4 and 5 shall survive the termination of this
Agreement, howsoever caused, but this shall not imply or create any continued
right to use the Software after termination of this Agreement.
5. LIMITATION OF LIABILITY. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE
TO YOU FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL,
INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN
ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS,
DAMAGES, CLAIMS, OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING
LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN
YOUR JURISDICTION. ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER
OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR
THE SOFTWARE. Nothing contained in this Agreement limits Adobe's liability to
you in the event of death or personal injury resulting from Adobe's negligence
or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers
for the purpose of disclaiming, excluding, and/or limiting obligations,
warranties, and liability as provided in this Agreement, but in no other
respects and for no other purpose.
6. TRADEMARKS. Adobe grants you a worldwide, nonexclusive, nontransferable,
personal right to use the "Adobe" word trademark (the "Trademark") solely to
identify Adobe as the source of the Adobe RGB (1998) product or Adobe RGB
technology, so long as such use complies with the terms of this Agreement, the
trademark guidelines available at the "Permissions and trademarks" pages of
the Adobe website (www.adobe.com), and the "Adobe Trademark Guidelines for
third parties who license, use or refer to Adobe trademarks," also available
from the Adobe website. You acknowledge the validity of the Trademark and
Adobe's ownership of the Trademark. Nothing in this Agreement shall give you
any right, title, or interest in the Trademark, other than the license rights
granted in this Agreement. You recognize the value of the goodwill associated
with the Trademark and acknowledge that such goodwill exclusively inures to
the benefit of and belongs to Adobe. Adobe and the Adobe logo are either
registered trademarks or trademarks of Adobe Systems Incorporated in the
United States and/or other countries. With the exception of referential use
and the rights granted in this Agreement, you will not use such trademarks or
any other Adobe trademark or logo without separate prior written permission
granted by Adobe.
7. TERM. This Agreement is effective until terminated. Adobe has the right to
terminate this Agreement immediately if you fail to comply with any term
hereof. Upon any such termination, you must return to Adobe all full and
partial copies of the Software in your possession or control.
8. GOVERNMENT REGULATIONS. If any part of the Software is identified as an
export-controlled item under the United States Export Administration Act or
any other export law, restriction, or regulation (the "Export Laws"), you
represent and warrant that you are not a citizen, or otherwise located within,
an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan,
Libya, Cuba, North Korea, and Serbia) and that you are not otherwise
prohibited under the Export Laws from receiving the Software. All rights to
use the Software are granted on condition that such rights are forfeited if
you fail to comply with the terms of this Agreement.
9. GOVERNING LAW. This Agreement will be governed by and construed in
accordance with the substantive laws in force in the State of California as
such laws are applied to agreements entered into and to be performed entirely
within California between California residents. This Agreement will not be
governed by the conflict of law rules of any jurisdiction or the United
Nations Convention on Contracts for the International Sale of Goods, the
application of which is expressly excluded. All disputes arising out of,
under, or related to this Agreement will be brought exclusively in the state
Santa Clara County, California, USA.
10. GENERAL. You may not assign your rights or obligations granted under this
Agreement without the prior written consent of Adobe. None of the provisions
of this Agreement shall be deemed to have been waived by any act or
acquiescence on the part of Adobe, its agents, or employees, but only by an
instrument in writing signed by an authorized signatory of Adobe. When
conflicting language exists between this Agreement and any other agreement
included in the Software, the terms of such included agreement shall apply. If
either you or Adobe employs attorneys to enforce any rights arising out of or
relating to this Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees. You acknowledge that you have read this Agreement,
understand it, and that it is the complete and exclusive statement of your
agreement with Adobe which supersedes any prior agreement, oral or written,
between Adobe and you with respect to the licensing to you of the Software. No
variation of the terms of this Agreement will be enforceable against Adobe
unless Adobe gives its express consent, in writing, signed by an authorized
signatory of Adobe.
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