[pkgsrc/trunk]: pkgsrc This software does not qualify as either Free or Open ...

[gdt <gdt%pkgsrc.org@localhost>]

details:   https://anonhg.NetBSD.org/pkgsrc/rev/b9ea32da7381
branches:  trunk
changeset: 512465:b9ea32da7381
user:      gdt <gdt%pkgsrc.org@localhost>
date:      Wed May 10 12:26:31 2006 +0000

description:
This software does not qualify as either Free or Open Source.
Add LICENSE=, and license file.

Set RESTRICTED and NO_BIN_ON_* because permission to distribute
derived works is unclear, limited to some operating systems, and
requires a reciprocal license grant.

diffstat:

 licenses/ssh-communications-security-license |  295 +++++++++++++++++++++++++++
 security/ssh2/Makefile                       |    9 +-
 2 files changed, 300 insertions(+), 4 deletions(-)

diffs (truncated from 322 to 300 lines):

diff -r b4ef4371fe53 -r b9ea32da7381 licenses/ssh-communications-security-license
--- /dev/null   Thu Jan 01 00:00:00 1970 +0000
+++ b/licenses/ssh-communications-security-license      Wed May 10 12:26:31 2006 +0000
@@ -0,0 +1,295 @@
+Non-commercial Version License agreement for SSH Secure Shell for Servers 3.2
+SSH Communications Security Corp
+SSH(r) Secure Shell(tm) License Agreement
+
+SSH COMMUNICATIONS SECURITY CORP ("SSH") IS WILLING TO LICENSE THE SSH
+SECURE SHELL FOR SERVERS 3.2 SOFTWARE AND ACCOMPANYING DOCUMENTATION
+(COLLECTIVELY, "SOFTWARE") UPON THE CONDITION THAT YOU ACCEPT ALL OF THE
+TERMS OF THIS NON-COMMERCIAL VERSION LICENSE AGREEMENT ("AGREEMENT").
+PLEASE READ THESE TERMS CAREFULLY BEFORE INSTALLING OR USING THE
+SOFTWARE. BY INSTALLING OR USING THE SOFTWARE, YOU ARE CONSENTING TO BE
+BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE
+TO ALL OF THE TERMS OF THIS AGREEMENT, SSH IS UNWILLING TO LICENSE THE
+SOFTWARE TO YOU ("YOU"), AND YOU SHOULD NOT INSTALL OR USE THE SOFTWARE.
+
+NON-COMMERCIAL VERSION LICENSE
+
+To qualify for a Non-Commercial Version License, You must: (1) use the
+Software solely on a system under the Linux, FreeBSD, NetBSD, or OpenBSD
+operating system (whether for commercial or non-commercial use), or (2)
+use the Software for non-commercial purposes as defined herein and be a
+Non-Commercial Entity as defined herein, or (3) be an University User as
+defined herein, or (4) be an Excluded Contractor as defined herein.
+
+The term "Non-Commercial Entity" is limited to the following: university
+or other educational institutions (such as pre-schools, elementary
+schools, middle or junior high schools, high schools, and community or
+junior colleges), non-profit organizations (such as public libraries,
+charities, and other organizations created for the promotion of social
+welfare), "University Users", and other individual users who use the
+Software for personal use (such as connecting to an Internet Service
+Provider for personal use, hobby, recreational, or educational
+purposes). The term "University Users" is limited to students, faculty
+members, researchers, administrators, support staff, and employees of a
+university when acting in this capacity. The term "Excluded Contractor"
+is limited to independent, solo contractors while performing work for a
+Non-Commercial Entity, such as a university or other educational
+institution in an individual capacity. If You qualify for a
+Non-Commercial Version License, You may use the Software free of
+charge. SSH reserves the right to further clarify the terms
+Non-Commercial Entity, University Users and Excluded Contractor at its
+sole determination.
+
+If You do not qualify for a Non-Commercial Version License, then You
+should discontinue the downloading or installation process and purchase
+a Commercial Use License or obtain an Evaluation License.
+
+GRANT OF LICENSE
+
+Provided that you qualify for a Non-Commercial Version License as
+specified above, and subject to the terms and conditions contained
+herein, SSH hereby grants You, an end user, a personal,
+non-transferable, non-exclusive, non-sublicensable license to install
+and use the Software, free of charge, for non-commercial purposes only,
+but if You are an Excluded Contractor (as defined above) or using the
+Software under Linux, FreeBSD, NetBSD, or OpenBSD operating systems for
+commercial and non-commercial purposes. In addition, subject to the
+terms and conditions contained herein and provided that You meet the
+requirement specified above for an Non-Commercial Version License, SSH
+hereby grants to You, an end user, a non-transferable, non-exclusive,
+non-sublicensable license, free of charge, to (1) modify and make
+derivative works (such as software patches, bug fixes, or the creation
+of additional features) to the Software, (2) to make copies of the
+Software as necessary to make such modifications and derivative works,
+all for non-commercial purposes only, but if You are an Excluded
+Contractor (as defined above) or using the Software under Linux,
+FreeBSD, NetBSD, or OpenBSD operating systems for commercial and
+non-commercial purposes, provided that You hereby grant to SSH a
+royalty-free, non-exclusive, irrevocable, worldwide, perpetual right to
+use, copy, modify, make derivative works of, market, sell, distribute,
+integrate, license and sublicense the modifications and derivative works
+that You create.
+
+In case You have multiple users for the Software within your
+Non-Commercial Entity You may obtain an academic site license from SSH
+at http://commerce.ssh.com.
+
+For the avoidance of doubt, the following are considered examples of
+commercial uses of the Software:
+
+(1) use at or for a commercial enterprise;
+(2) use for financial gain, personal or otherwise;
+(3) use by government agencies;
+(4) use by a telecommunication or Internet service provider company;
+(5) use at home or while traveling for work for which You will be paid;
+(6) use in connection with administering a commercial web site;
+(7) use in connection with the provision of professional service for 
+    which You are compensated (including paid system administration);
+(8) bundling or integrating the Software with any hardware product or 
+    another software product for commercial.
+
+SSH and/or its licensors reserve all rights not expressly granted to You
+herein. This license is not a sale of the Software or any copy of the
+Software. The Software contains valuable trade secrets of SSH and its
+licensors. All worldwide ownership of and all rights, titles and
+interests in and to the Software, and all copies and portions of the
+Software, including without limitation, all intellectual property rights
+therein and thereto, are and will remain exclusively with SSH. The
+Software is protected, among other ways, by the copyright laws of the
+United States and international copyright treaties. All rights not
+expressly granted herein are retained by SSH and its licensors.
+
+USE RESTRICTIONS
+
+You may not: 
+
+(i) use the Software, except under the terms listed above; 
+
+(ii) modify, translate, reverse engineer, decompile, disassemble or
+otherwise attempt to reconstruct or discover the source code from the
+binaries of the Software, except to the extent applicable laws
+specifically prohibit such restriction and except that You may create
+patches, bug fixes or additional features and bundle or distribute the
+Software with certain operation systems as specified above;
+
+(iii) create derivative works based on the Software (e.g. incorporating
+the Software in a commercial product or service without a proper
+license), except that You may create patches, bug fixes and additional
+features and bundle or distribute the Software with certain operating
+systems as specified above;
+
+(iv) copy the Software (except for making modifications and derivative
+works for non-commercial purposes as specified above);
+
+(v) rent, lease, sublicense, convey, distribute or otherwise transfer
+rights to the Software;
+
+(vi) remove any product identification, copyright, proprietary notices
+or labels from the Software; or
+
+(vii) use any SSH trademarks in any manner other than their presence
+within Your copy of the Software without written permission of SSH.
+
+Any and all copies made by You as permitted hereunder must contain all
+of the original Software's copyright, trademark and other proprietary
+notices and marks.
+
+MAINTENANCE, SUPPORT AND UPDATES
+
+SSH is under no obligation to maintain or support or update the Software
+in any way, or to provide updates or error corrections
+
+
+CONFIDENTIALITY
+
+The Software and any license authorization codes are confidential and
+proprietary information of SSH. You agree to take adequate steps to
+protect the Software and any license authorization codes, if any, from
+unauthorized disclosure or use. You agree that You will not disclose the
+Software, in source code or object code form, to any third party, except
+as otherwise provided herein.
+
+WARRANTY
+
+SSH EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR
+STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
+MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF
+THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND ANY WARRANTY THAT MAY
+ARISE BY REASON OF TRADE USAGE, CUSTOM, OR COURSE OF DEALING. WITHOUT
+LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED
+"AS IS" AND THAT SSH DOES NOT WARRANT THAT THE SOFTWARE WILL RUN
+UNINTERRUPTED OR ERROR FREE NOR THAT THE SOFTWARE WILL OPERATE WITH
+HARDWARE AND/OR SOFTWARE NOT PROVIDED BY SSH. THIS DISCLAIMER OF
+WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO
+NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
+MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM
+STATE TO STATE.
+
+LIMITED LIABILITY
+
+THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED
+BY YOU. UNDER NO CIRCUMSTANCES WILL SSH OR ITS LICENSORS BE LIABLE FOR
+ANY DIRECT OR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
+DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER BASED ON CONTRACT,
+WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE,
+ARISING OUT OF OR IN ANY WAY RELATED TO THE SOFTWARE OR THIS AGREEMENT,
+EVEN IF SSH OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF
+SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, AND
+NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY
+PROVIDED IN THIS AGREEMENT. SUCH LIMITATION ON DAMAGES INCLUDES, BUT IS
+NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS OF DATA
+OR SOFTWARE, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR
+IMPAIRMENT OF OTHER GOODS. IN NO EVENT WILL SSH OR ITS LICENSORS BE
+LIABLE FOR THE COSTS OF PROCUREMENT OF SUBSTITUTE SOFTWARE OR
+SERVICES. IN ADDITION, IN NO EVENT WILL THE TOTAL LIABILITY OF SSH IN
+CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE EXCEED THE ACTUAL AMOUNT
+PAID TO SSH, IF ANY, FOR THE SOFTWARE GIVING RISE TO THE CLAIM. YOU
+ACKNOWLEDGE THAT THIS SOFTWARE IS NOT DESIGNED OR LICENSED FOR USE IN
+ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS SUCH AS OPERATION OF NUCLEAR
+FACILITIES, AIRCRAFT NAVIGATION OR CONTROL, OR LIFE-CRITICAL
+APPLICATIONS. SSH EXPRESSLY DISCLAIMS ANY LIABILITY RESULTING FROM USE
+OF THE SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS
+AND ACCEPTS NO LIABILITY IN RESPECT OF ANY ACTIONS OR CLAIMS BASED ON
+THE USE OF THE SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS
+ENVIRONMENTS BY YOU. FOR PURPOSES OF THIS PARAGRAPH, THE TERM
+"LIFE-CRITICAL APPLICATION" MEANS AN APPLICATION IN WHICH THE
+FUNCTIONING OR MALFUNCTIONING OF THE SOFTWARE MAY RESULT DIRECTLY OR
+INDIRECTLY IN PHYSICAL INJURY OR LOSS OF HUMAN LIFE.
+
+TERMINATION
+
+This Agreement will terminate immediately and automatically without
+notice if You breach any provision in this Agreement. Upon termination
+You will remove all copies of the Software or any part of the Software
+from any and all computer storage devices and destroy the Software. At
+SSH's request, You or your authorized signatory, will certify in writing
+to SSH that all complete and partial copies of the Software have been
+destroyed and that none remain in your possession or under your
+control. The provisions of this Agreement, except for the license grant
+and warranty, will survive termination.  U.S. GOVERNMENT RIGHTS
+
+If You use the Software by or for any unit or agency of the United
+States Government, this provision applies. The Software shall be
+classified as "commercial computer software", as that term is defined in
+the Federal Acquisition Regulation (the "FAR") and its supplements. SSH
+represents that the Software was developed entirely at private expense,
+that no part of the Software was first produced in the performance of a
+Government contract, and that no part of the Software is in the public
+domain. (1) If the Software is supplied for use by DoD, the Software is
+delivered subject to the terms of this license agreement and either (i)
+in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with
+restricted rights in accordance with DFARS 252.227-7013(c)(1)(ii) (OCT
+1988), as applicable. (2) If the Software is supplied for use by a
+Federal agency other than DoD, the Software is restricted computer
+software delivered subject to the terms of this license agreement and
+(i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR 52.227-14(ALT III),
+as applicable.
+
+RESTRICTED RIGHTS 
+
+Use, duplication, or disclosure by the U.S. Government is subject to
+restrictions set forth in this agreement and as provided in DFARS
+227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii)
+(OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT
+III), as applicable. Manufacturer is SSH Communications Security Corp,
+Fredrikinkatu 42, FIN-00100, Helsinki, Finland.
+
+EXPORT LAW
+
+You acknowledge and agree that the Software may be subject to
+restrictions and controls imposed by the United States Export
+Administration Act (the "Act") and the regulations thereunder. You agree
+and certify that neither the Software nor any direct product thereof is
+being or will be acquired, shipped, transferred, or re-exported,
+directly or indirectly, into any country, except pursuant to an export
+control license under the Act and the regulations thereunder, or will be
+used for any purpose prohibited by the same. By using the Software, You
+are acknowledging and agreeing to the foregoing, and You are
+representing and warranting that You will comply with all of the United
+States and other applicable country laws and regulations when either
+exporting or re-exporting or importing the Software or any underlying
+information technology. Further, You represent and warrant that You are
+not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria
+or a party listed in the U.S. Table of Denial Orders or U.S. Treasury
+Department's list of Specially Designated Nationals.
+
+GOVERNING LAW 
+
+This Agreement is governed by the laws of the State of California
+without regard to conflict of laws rules and principles. Application of
+the United Nations Convention on Contracts for the International Sale of
+Goods is expressly excluded.
+
+MISCELLANEOUS
+
+If any provision hereof shall be held illegal, invalid or unenforceable,
+in whole or in part, such provision shall be modified to the minimum
+extent necessary to make it legal, valid and enforceable, and the
+legality, validity and enforceability of all other provisions of this
+Agreement shall not be affected thereby. No delay or failure by either
+party to exercise or enforce at any time any right or provision hereof
+shall be considered a waiver thereof or of such party's right thereafter
+to exercise or enforce each and every right and provision of this
+Agreement. This Agreement will bind and inure to the benefit of each
+party's permitted successors and assigns. You may not assign this
+Agreement in whole or in part, without SSH's prior written consent. Any
+attempt to assign this Agreement without such consent will be null and
+void. This Agreement is the complete and exclusive statement between You
+and SSH relating to the subject matter hereof and supersedes all prior
+oral and written and all contemporaneous oral negotiations, commitments
+and understandings of the parties, if any. In the case of any conflict
+between the terms of this Agreement and the provisions of any purchase
+order for the Software, the terms of this Agreement shall control.
+
+SSH does not charge license fees for bundling or distribution of only
+the respective UNIX versions of the Software solely with the following
+operating systems: Linux, NetBSD, FreeBSD and OpenBSD. In order to
+distribute the Software with the above-mentioned operating systems, You
+must enter into a separate agreement with SSH. Also, bundling or
+distribution with hardware products or commercial software products
+(other than the above-mentioned operating systems distributions)
+requires a distribution license, which includes license fees for such
+distribution. Please contact the Director of Business Development at SSH
+Communications Security, Inc., 1076 East Meadow Circle, Palo Alto, CA
+94303 or busdev%ssh.com@localhost for additional details.
+
diff -r b4ef4371fe53 -r b9ea32da7381 security/ssh2/Makefile