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licenses/ubiquiti: Add license for net-wireless/unifi

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Bug: Bug: https://bugs.gentoo.org/634518
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Conrad Kostecki
2018-06-26 18:19:35 +02:00
committed by Ben Kohler
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End User License Agreement
OUR EULA WAS UPDATED ON JULY 17, 2017
This End User License Agreement (this “EULA”) governs Your access and use
of the software (“Software”) that is embedded on any Ubiquiti Networks,
Inc. product (“Product”).
The term “You,” “Your,” “you” or “your” as used in this EULA, means any
person or entity who accesses or uses the Software and accepts the terms
of this EULA, including any individuals that You authorize to use or
access the Software, including Your independent contractors or employees
(“Authorized Users”). For the avoidance of doubt, where the term “You,”
“Your,” “you” or “your” is used in this EULA, it shall include any
Authorized User, regardless of whether “Authorized User” is specifically
stated.
FOR IMPORTANT DISCLAIMERS OF WARRANTY AND WARNINGS CONCERNING USAGE, SEE
SECTION V.
YOU MUST READ AND AGREE TO THE TERMS OF THIS EULA BEFORE USING,
DOWNLOADING OR INSTALLING ANY SOFTWARE. BY USING, DOWNLOADING OR
INSTALLING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS
OF THIS EULA, YOU MAY NOT USE, DOWNLOAD OR INSTALL THE SOFTWARE.
THE SOFTWARE MAY BE SUBJECT TO AUTOMATIC SOFTWARE UPDATES, AS DESCRIBED
FURTHER IN SECTION III, AND YOU ALSO HEREBY CONSENT TO SUCH UPDATES. If
You do not agree to such updates, You are not permitted to, and You must
not, download, install, access or use the Software.
Ubiquiti may, in its sole and absolute discretion, change the terms of
this EULA from time to time, as indicated by the date at the end of this
EULA. If You object to any such change, Your sole recourse will be to
cease using the Software. Continued use of the Software following any such
change will indicate Your acknowledgement of such change and agreement to
be bound by the new terms and conditions.
 1. Overview, Eligibility
* This EULA is a binding agreement between You and Ubiquiti
Networks, Inc. (“Ubiquiti”).
* Your use of (1) websites located at [1]www.ubnt.com and ubnt.com
sub-domains and any other websites hosted by Ubiquiti or its
affiliates, (2) services accessible or downloadable through the
Sites, (3) software that may be downloaded to Your smartphone or
tablet to access services and (4) subscription services,
including services that can be accessed using the Web Apps and
Mobile Apps is governed by the [2]Terms of Service. Your
purchase of the Product (excluding the Software) is governed by
the [3]Limited Warranty. All additional guidelines, terms, or
rules on the Sites, including the [4]Privacy Policy, are
incorporated by reference into this EULA and You are agreeing to
accept and abide by them by using the Software.
* Subject to Section (I)(d), You may access and use the Software
only if You can form a binding contract with Ubiquiti and only if
You are in compliance with the terms of this EULA and all
applicable laws and regulations. If You are accepting the terms
of this EULA on behalf of an entity or individual, You represent
and warrant that You have full legal authority to bind such
entity or individual to this EULA. You are fully responsible for
any Authorized User’s compliance with this EULA.
* If You are an Authorized User, You represent and warrant that You
are over the age of 13 (or equivalent minimum age in the
jurisdiction where You reside or access or use the Software), and
in the event You are between the age of 13 (or equivalent minimum
age in the jurisdiction where you reside or access or use the
Software) and the age of majority in the jurisdiction where You
reside or access or use the Software, that You will only use the
Software under the supervision of a parent or legal guardian who
agrees to be bound by this EULA. Any use or access to the
Software by individuals under the age of 13 (or equivalent
minimum age in the jurisdiction where you reside or access or use
the Services) is strictly prohibited and a violation of this
EULA.
 2. License.
* License Grant. Subject to Your compliance at all times with the
terms and restrictions set forth in this EULA, Ubiquiti grants
You, under its rights in and to the Software, a worldwide,
non-sublicensable, non-transferable, non-exclusive, revocable,
limited license to download and use the Software in object code
form only, solely in connection with the Product that You own or
control.
* Limitations on Use.
* The Software, its contents, features and functionality
(including, without limitation, all user interfaces,
information, software, code, text, graphics, images, video
and audio, and the design, selection and arrangement
thereof) (collectively, the “Content”) are protected by
United States and international copyright, trademark,
patent, trade secret and other intellectual property or
proprietary rights laws.
* You shall not directly or indirectly do any of the
following:
* use the Software on any device other than a Product
that is owned or controlled by You or Your business
organization;
* sell, offer for sale, lease, license, sublicense or
distribute the Software or any Content in any form
without the prior written consent of Ubiquiti;
* copy, reproduce, broadcast, transmit, republish,
distribute, modify, prepare derivative works of,
perform, publicly perform or display the Software or
any Content in any way without the prior written
consent of Ubiquiti and its applicable licensors;
* remove or alter any copyright, trademark or other
proprietary rights notices from the Software or
Content, or use them in contravention of any such
applicable notices;
* reverse engineer, decompile, translate, disassemble or
otherwise attempt to (i) derive the source code or the
underlying ideas, algorithms, structure or organization
of any Software (except that the foregoing limitation
does not apply to the extent that such activities may
not be prohibited under applicable law); or (ii)
defeat, avoid, bypass, remove, deactivate, or otherwise
circumvent any software protection mechanisms in the
Software, including, without limitation, any such
mechanism used to restrict or control the functionality
of the Software;
* use the Software in violation of any third-party rights
or any local, state, national or international law or
regulation, including, without limitation, any local
country regulations related to operation within legal
frequency channels, output power and Dynamic Frequency
Selection (DFS) requirements;
* violate any accompanying user or technical manuals,
training materials, specifications or other
documentation pertaining to any Software, where in
digital or printed format;
* engage in any High Risk Activities (as defined in
Section (V)(b)(ii));
* release the results of any performance or functional
evaluation of any of the Software to any third party
without prior written approval of Ubiquiti for each
such release; or
* create a substantially similar software to the
Software, or any component thereof.
* You are responsible for obtaining, properly installing and
maintaining the Software and any other services or products
needed for access to and use of the Software, and for paying
all charges related thereto.
* Third Party Software.
* Certain software included in, distributed with or downloaded
in connection with the Software may comprise third party
proprietary software products that are subject to separate
license terms (“Third Party Software”). All such Third Party
Software may include software or software components that
are derived, in whole or in part, from software that is
distributed as free software, open source software or under
similar licensing or distribution models (“Open Source
Software,” together with Third Party Software, “External
Software”).
* Your use of External Software is subject in all cases to the
applicable licenses from the External Software provider,
which shall take precedence over the rights and restrictions
granted in this EULA solely with respect to such External
Software. You shall comply with the terms of all applicable
Third Party Software and Open Source Software licenses, if
any. Copyrights to Open Source Software are held by their
respective copyright holders indicated in the copyright
notices in the corresponding source files. The Software may
include software developed by the OpenSSL Project for use in
the OpenSSL Toolkit ([5]http://www.openssl.org/).
* FOR THE AVOIDANCE OF DOUBT, UBIQUITI PROVIDES NO
REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR
STATUTORY, WITH RESPECT TO SUCH EXTERNAL SOFTWARE, INCLUDING
WITH RESPECT TO FUNCTIONALITY OF SUCH EXTERNAL SOFTWARE.
Ubiquiti does not provide any warranty, maintenance,
technical or other support for any External Software.
Accordingly, Ubiquiti is not responsible for Your use of any
External Software or any personal injury, death, property
damage (including, without limitation, to Your home), or
other harm or losses arising from or relating to Your use of
any External Software.
* Intellectual Property Ownership; Trade Secrets. All copyrights,
trade secrets, patents, trademarks, trade secrets and other
intellectual property and proprietary rights in any jurisdiction
worldwide (collectively, “Intellectual Property Rights”) in and
to the Software and the Content are the sole property of Ubiquiti
or its licensors. You do not have or receive any title or
interest in or to the Software, the Content, or the Intellectual
Property Rights contained therein through Your use of the
Software or otherwise. Except as expressly granted to You under
the limited license set forth in Section II(a) of this EULA,
Ubiquiti does not grant any express or implied right to You under
any of its Intellectual Property Rights. You further acknowledge
and agree that the Software contains the valuable trade secrets
and proprietary information of Ubiquiti and its affiliates. You
agree to hold such trade secrets and proprietary information in
confidence and You acknowledge that any actual or threatened
breach of this obligation will constitute immediate, irreparable
harm for which monetary damages would be an inadequate remedy,
and that injunctive relief is an appropriate remedy for such
breach.
* Trademarks. All trademarks, service marks, trade names and logos
and the goodwill associated therewith (“Marks”) included or
displayed in the Software or Content are the exclusive property
of Ubiquiti or their respective holders. You are not permitted to
use any of the Marks without the applicable prior written consent
of Ubiquiti or such respective holders.
 3. Automatic Updates.
* Ubiquiti may, from time to time and at its sole option, provide
patches, bug fixes, corrections, updates, upgrades, support and
maintenance releases or other modifications to the Software,
including certain External Software, which items shall be deemed
part of the Software and External Software hereunder. YOU HEREBY
CONSENT TO ANY SUCH AUTOMATIC UPDATES. These may be automatically
installed without providing any additional notice to You or
receiving Your additional consent. If You do not consent, Your
remedy is to stop using the Software. Notwithstanding the
foregoing, Ubiquiti withholds the right to require You to install
any patches, bug fixes, corrections, updates, upgrades, support
and maintenance releases or other modifications in order to
access and use the Software.
 4. Term and Termination. This EULA will remain in full force and effect
so long as You continue to access or use the Software, or until
terminated in accordance with this EULA. You may discontinue Your use
of and access to the Software at any time. Ubiquiti will automatically
terminate this EULA at any time without notice to you if you fail to
comply with any term of this EULA. You may terminate it at any time
upon written notice to Ubiquiti at legal@ubnt.com. Upon any such
termination, the licenses granted by this EULA will immediately
terminate and you agree to stop all access and use of the Product,
Software and documentation and destroy the Software and documentation,
together with all copies and merged portions in any form. The
provisions that by their nature continue and survive will survive any
termination of this EULA, including those set forth in this Sections
II(d), II(e) and Articles IV -IX.
 5. WARRANTY DISCLAIMER
* Disclaimer of Warranties TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE SOFTWARE IS LICENSED “AS-IS” AND “AS
AVAILABLE”, WITH ALL FAULTS. UBIQUITI DOES NOT MAKE ANY
WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY,
ACCURACY, QUALITY OF SERVICE OR RESULTS, AVAILABILITY,
SATISFACTORY QUALITY, LACK OF VIRUSES, TITLE, FITNESS FOR A
PARTICULAR USE OR NON-INFRINGEMENT, TO THE EXTENT AUTHORIZED BY
LAW. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SOFTWARE AND ITS
FEATURES OR FUNCTIONALITY AND ANY COMMUNICATION WITH YOU IS FOR
INFORMATION PURPOSES ONLY, AND DOES NOT CONSTITUTE A WARRANTY OR
REPRESENTATION. WITHOUT LIMITING THE FOREGOING, UBIQUITI
EXPRESSLY DOES NOT WARRANT THAT THE CONTENT, OPERATION, OUTPUT OR
IMPLEMENTATION OF THE SOFTWARE WILL: (I) MEET YOUR REQUIREMENTS;
(II) BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE OR
COMPLETE; (III) BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR
MOBILE DEVICE; (IV) OR THAT UBIQUITI OR ANY THIRD PARTY WILL
RESOLVE ANY PARTICULAR SUPPORT REQUEST OR FIX ANY ERRORS OR THAT
SUCH RESOLUTION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU
SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE
OF THE SOFTWARE.
* Emergency Response; High Risk Activities.
* YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE, WHETHER
STANDING ALONE OR WHEN INTERFACED WITH PRODUCTS OR
THIRD-PARTY PRODUCTS OR SERVICES, ARE NOT CERTIFIED FOR
EMERGENCY RESPONSE, AND ARE NOT A THIRD-PARTY MONITORED
EMERGENCY NOTIFICATION SYSTEM. MOBILE OR OTHER NOTIFICATIONS
REGARDING THE STATUS OF THE SOFTWARE ARE NOT A SUBSTITUTE
FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM.
YOU AGREE THAT YOU WILL NOT RELY ON THE SOFTWARE FOR
EMERGENCY RESPONSE OR ANY OTHER LIFE SAFETY OR CRITICAL
PURPOSES.
* NEITHER THE SOFTWARE NOR ANY PRODUCT IS DESIGNED,
MANUFACTURED OR INTENDED FOR THE OPERATION OF NUCLEAR
FACILITIES, AIR TRAFFIC CONTROL, EMERGENCY RESPONSE,
EMERGENCY AND SAFETY SERVICES, HEALTHCARE FACILITIES,
HOSPITALS, LIFE SUPPORT SYSTEMS OR ANY MISSION CRITICAL
ENVIRONMENT, WHERE THE USE OR FAILURE OF THE SOFTWARE COULD
LEAD TO DEATH, PERSONAL INJURY OR ENVIRONMENTAL DAMAGE
(COLLECTIVELY, “HIGH RISK ACTIVITIES”). YOU AGREE THAT YOU
WILL NOT USE THE SOFTWARE FOR ANY HIGH RISK ACTIVITIES.
* Data Storage. Ubiquiti is not responsible or liable for the
deletion of or failure to store or process any information or
other content provided by You or transmitted in the course of
using the Software. You are solely responsible for securing and
backing up such submissions.
* Versions. You acknowledge and agree that the Software provided to
You under this EULA may be in “beta” or test form, or otherwise
not intended or completed for commercial use and may therefore
contain errors, bugs or similar unstable characteristics not
typical of commercially released items. Such characteristics may
negatively affect the operation of previously installed software
or equipment. You are advised to safeguard important data, to use
caution and not to rely in any way on the correct functioning or
performance of the software and accompanying materials. You
acknowledge that the Software may be provided to You from time to
time as a program participant solely for the purpose of providing
Ubiquiti with feedback on the Software and the identification of
defects.
 6. LIMITATION OF LIABILITY
* UNDER NO CIRCUMSTANCES WILL UBIQUITI OR ITS SUPPLIERS OR THEIR
RESPECTIVE AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS,
SHAREHOLDERS, AGENTS OR LICENSORS BE LIABLE UNDER ANY THEORY OF
LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE) FOR
ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
MONEY, REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD
HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM
THIS EULA OR THE INSTALLATION, MAINTENANCE, PERFORMANCE, FAILURE
OR INTERRUPTION OR USE OF SOFTWARE, HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE),
EVEN IF UBIQUITI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IF, NOTWITHSTANDING THESE TERMS, UBIQUITI OR ANY OF ITS
SUPPLIERS ARE FOUND TO BE LIABLE, THE LIABILITY OF UBIQUITI OR
ITS SUPPLIERS OR THEIR RESPECTIVE AFFILIATES, OFFICERS,
EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS OR LICENSORS TO YOU OR
TO ANY THIRD PARTY IS LIMITED TO ONE HUNDRED DOLLARS ($100). THIS
LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE
EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
* Exclusions and Limitations. Some jurisdictions do not allow the
exclusion of certain warranties or the limitation or exclusion of
liability for certain damages. Accordingly, some of the above
limitations and disclaimers may not apply to You. To the extent
that Ubiquiti may not, as a matter of applicable law, disclaim
any implied warranty or limit its liabilities, the scope and
duration of such warranty and the extent of Ubiquiti’s liability
will be the minimum permitted under such applicable law.
 7. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS
UBIQUITI AND ITS LICENSORS AND SUPPLIERS, AND THEIR RESPECTIVE
AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS OR
LICENSORS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES,
LOSSES, COSTS, EXPENSES AND FEES (INCLUDING REASONABLE ATTORNEYS’
FEES) THAT SUCH PARTIES MAY INCUR AS A RESULT OF OR ARISING FROM A
VIOLATION OF THIS EULA.
 8. Export Restrictions.
* You acknowledge that the Software is of U.S. origin. You
represent and warrant that (i) You shall be solely responsible
for complying with all export laws and restrictions and
regulations, including United States export regulations, such as
restrictions of the Department of Commerce, the United States
Department of Treasury Office of Foreign Assets Control ("OFAC")
or other foreign agency or authority’s regulations ("Export
Laws"), and You shall not (ii) export, or allow the export or
re-export of, the Software in violation of any such restrictions,
laws or regulations, or available in any country in contravention
of any Export Laws, or any other law, nor (iii) make the Software
available in a country for which an export license or other
governmental approval is required without first obtaining all
necessary licenses or other approvals. You shall obtain and bear
all expenses relating to any necessary licenses and exemptions
with respect to the export from the U.S. of the Software to any
location.
* You acknowledge that the U.S. government maintains embargoes and
sanctions against certain countries, currently including the
Crimea region of Ukraine, Cuba, Iran, North Korea, Sudan and
Syria, which may be amended from time to time, including with
respect to listed countries; and that other countries may have
trade laws pertaining to import, use, export or distribution of
the Software. You acknowledge that, in each case, compliance with
the same is Your responsibility. You represent and warrant that
You are not a person or entity listed on any United States
Government list of prohibited or restricted parties.
 9. Miscellaneous.
* Governing Law; Jurisdiction. This EULA shall not be governed by
the 1980 U.N. Convention on Contracts for the International Sale
of Goods; rather, this EULA shall be governed by the laws of the
State of New York, including its Uniform Commercial Code, without
reference to conflicts of laws principles. Any action or
proceeding relating to this EULA must be brought in a federal or
state court located in New York and each party irrevocably
submits to the jurisdiction and venue of any such court in any
such claim or dispute, except that Ubiquiti may seek injunctive
relief in any court having jurisdiction to protect its
confidential information or intellectual property.
* Government Purposes. The Software was developed solely at private
expense and is a “commercial item” consisting of “commercial
computer software” and “commercial computer software
documentation” within the meaning of the applicable civilian and
military Federal acquisition regulations and any supplements
thereto, as amended from time to time. If the user of the
Software is an agency, department, employee or other entity of
the United States Government, consistent with 48 C.F.R.
227.7202-1 through 227.702-4 (JUNE 1995), the use, duplication,
reproduction, release, modification, disclosure and transfer of
the Software, including technical data or manuals, is governed by
the terms and conditions contained in this EULA.
* Severability. If any of the provisions, either in part or in
full, of this EULA is held by a court or other tribunal of
competent jurisdiction to be unenforceable or invalid, such
provision shall be enforced to the maximum extent possible or
permissible and this EULA will be interpreted so as to give
maximum effect to the original intent of the parties with respect
to the unenforceable provision, and the remaining portions of
this EULA shall remain in full force and effect.
* Assignment. You may not assign any of Your rights or obligations
under this EULA without Ubiquiti’s express written consent.
Ubiquiti may assign this EULA without Your consent provided that
such assignment is to an affiliated company forming part of the
Ubiquiti group of companies.
* Waiver. The waiver by either party of any default by the other
party shall not waive subsequent defaults by such other party of
the same or different kind. The failure of either party to
enforce the provisions hereof, at any time or for any period of
time, or the failure of either party to exercise any option
herein, shall not be construed as a waiver of such provision or
option and shall in no way affect that party’s right to enforce
such provisions or exercise such option.
* Third Party Beneficiary. Licensors and suppliers of Ubiquiti and
its affiliates are third party beneficiaries of this EULA, and
thus this EULA is directly enforceable by such licensors and
suppliers and their affiliates.
* Statute of Limitations. You agree that regardless of any statute
or law to the contrary, any claim or cause of action You may have
arising out of or related to use of the Software or this EULA
must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
* Interpretation. As used herein, unless the context requires
otherwise, the word “or” is not exclusive and the words “will,”
“will not,” “shall,” and “shall not” are expressions of command
and not merely expressions of future intent or expectation.
Whenever the words “include,” “includes” or “including” are used
in this EULA, they shall be deemed to be followed by the words
“without limitation.” The section headings in this EULA are for
convenience only and have no legal or contractual effect.
References
Visible links
1. www.ubnt.com
https://www.ubnt.com/
2. Terms of Service
https://www.ubnt.com/legal/termsofservice/
3. Limited Warranty
https://www.ubnt.com/support/warranty/
4. Privacy Policy
https://www.ubnt.com/legal/privacypolicy/
5. www.openssl.org
http://www.openssl.org/