[Date Prev][Date Next] [Thread Prev][Thread Next] [Date Index] [Thread Index]

Re: Perforce distribution license



Lukas Anzinger <l.anzinger@gmail.com> wrote:
> Hi,
> 
> it'd be interesting to have Perforce (p4) properly packaged in Debian
> in section non-free.
> 
> The terms under which Perforce is distributed are available here:
> http://www.perforce.com/downloads/terms-use
> 
> It seems to me that redistribution of binaries is not a problem as
> long as they are not modified so I believe that p4 could be uploaded
> to non-free.
> 
> Is there anyone who would object? (I'm not a Debian
> developer/maintainer [yet] so I'm merely just asking out of
> curiosity.)

I do not see any permission to redistribute.  Many organizations want
to be the sole source of their software, so redistribution is not
something you should assume.  So this license will not work.  You
could ask Perforce to give Debian permission to distribute.

Another troublesome part is the line about export controls

  You shall not permit, directly or indirectly, use of any Perforce
  technology in or by any U.S. embargoed country or otherwise in
  violation of any U.S. export control laws and regulations.

I think Debian just has to treat it like crypto software.

Also, regarding the indemnification, Perforce does not require
indemnification for people you distribute to, only for your own use.
So if p4 eats your neighbor's cat, you have to indemnify Perforce
against your neighbor's lawsuit.  Debian does not actually run p4, so
I do not think this is an issue for non-free.

For future reference, I am attaching the license.  It is pretty much
the usual icky commercial license.

Cheers,
Walter Landry


Terms of Use

You acknowledge and agree that you are downloading and using the
software at your own risk, and that you did not rely upon any skill or
judgment of Perforce Software, Inc. ("Perforce") in such choice or
decision.

PERFORCE PROVIDES NO WARRANTY WHATSOEVER ON ANY SOFTWARE HEREUNDER,
EXPRESS, IMPLIED OR OTHERWISE. PERFORCE DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES WITH
RESPECT TO THE SOFTWARE, AND ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.

You acknowledge and agree that you have no ownership rights in the
software, and that Perforce has and retains all right, title, interest
and ownership in and to the software, and in any copies or updates of
the software. You may not sell, transfer, assign, delegate, or
subcontract the software.

You may use software downloaded from Perforce for your own direct
internal business purposes, for as long as you wish, provided you do
not make any modifications to the software. You may not decompile,
disassemble, or reverse engineer the software.

The software constitutes proprietary information and trade secrets of
Perforce, whether or not any portion of the software is or may be the
subject of a valid copyright or patent. You may not alter or remove
any proprietary markings on the software, including copyright,
trademark, trade secret, and patent legends.

You will indemnify and hold harmless Perforce, and all its successors
in interest, subsidiaries, affiliates, and their officers, employees
and agents, from all liability arising from use of the software by you
or any of your successors.

This product is subject to U.S. export control laws and regulations
including, but not limited to, the U.S. Export Administration
Regulations, the International Traffic in Arms Regulation
requirements, and all applicable end-use, end-user and destination
restrictions. You shall not permit, directly or indirectly, use of any
Perforce technology in or by any U.S. embargoed country or otherwise
in violation of any U.S. export control laws and regulations.

IN NO EVENT WILL PERFORCE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT
RESTRICTION ANY LOST PROFITS, LOST SAVINGS OR OTHER INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE SOFTWARE EVEN IF PERFORCE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY. PERFORCE’S LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT
EXCEED THE AMOUNT PAID FOR THE SOFTWARE UNDER THE TERMS AND CONDITIONS
OF THIS AGREEMENT.

Reply to: