I'm looking to package the Zend Optimizer software for Debian. It's
definitely non-free, but I believe the license allows for
redistribution. I'm looking for a sanity check on that point before I go
any further and would be grateful for any comments you can provide.
Thanks,
Richard
LICENSE TEXT FOLLOWS:
ZEND LICENSE AGREEMENT
Zend Optimizer
ZEND TECHNOLOGIES LTD. (ZEND) SOFTWARE LICENSE AGREEMENT (AGREEMENT)
IMPORTANT: READ THESE TERMS CAREFULLY BEFORE INSTALLING THE SOFTWARE
KNOWN AS THE ZEND OPTIMIZER, AS INSTALLED BY THIS INSTALLATION
PROCESS, IN MACHINE-EXECUTABLE FORM ONLY, AND ANY RELATED DOCUMENTATION
(COLLECTIVELY, THE SOFTWARE) BY INSTALLING, OR OTHERWISE USING THIS
SOFTWARE, YOU (THE LICENSEE) ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THE SOFTWARE AND IT IS YOUR
RESPONSIBILITY TO EXIT THIS INSTALLATION PROGRAM WITHOUT INSTALLING THE
SOFTWARE, OR TO DELETE THE SOFTWARE FROM YOUR COMPUTER.
1. License. Subject to the terms and conditions of this Agreement,
including, without limitation, Section 2 hereof, Zend hereby grants to
Licensee, during the Term (as defined below), a limited, a non-exclusive
license (the License) to: (i) install and operate the Software on a
computer or a computer network owned or operated by Licensee; (ii) make
copies of the Software; and (iii) sublicense and distribute a limited,
non-exclusive sublicense to install, use and sublicense such copies of
the Software, provided that any sub-license granted hereunder shall be
subject to the limitations and restrictions set forth in this Agreement.
2. Restrictions. Except as otherwise expressly set forth herein,
Licensee or any of its sub-licensees shall not: (a) translate or
decompile, or create or attempt to create, by reverse engineering or
otherwise, the source code form from the object code supplied hereunder;
(b) modify, adapt, translate or create a derivative work from the
Software; (c) remove any proprietary notices, labels, or marks on the
Software.
3. Termination. This Agreement and the License hereunder shall be in
effect from and after the date Licensee installs the Software on a
computer in accordance with the terms and conditions hereof and shall
continue perpetually unless terminated in accordance with this Section
3. This Agreement shall be automatically terminated upon any breach by
Licensee of any term or condition of this Agreement. Such period shall
be referred to herein as the Term. Within five (5) business days of
any such termination, Licensee shall return the Software to Zend (or, at
Zend's sole discretion and only at Zend's direction, destroy the
Software and certify in writing to Zend that said Software has been
destroyed). Upon return of the Software or upon receipt of notice of the
destruction of the Software, as appropriate, this Agreement shall
terminate and Zend shall have no further obligations to Licensee.
Articles 2, 4, 5, 6, 7, 8 and 10 hereof shall survive the expiration or
termination of this Agreement for any reason.
4. Intellectual Property Rights. Licensee hereby acknowledges and agrees
that Zend or its licensors own and retain all rights, title, and
interest in and to the Software, regardless of the form or media in or
on which the original or other copies may subsequently exist including,
without limitation, all copyrights, trademarks, patents and trade secret
rights inherent therein or appurtenant thereto. This Agreement shall not
constitute a sale of the Software and no title or proprietary rights to
the Software are transferred to the Licensee hereby. Licensee
acknowledges that the Software is a unique, confidential and valuable
asset and trade secret of Zend or its licensors, and Zend or its
licensors shall have the right to obtain all equitable and legal redress
which may be available to it for the breach or threatened breach of this
Agreement including, without limitation, injunctive relief.
5. Warranty; Disclaimer. THE SOFTWARE IS BEING LICENSED HEREUNDER WITH
NO WARRANTY WHATSOEVER. LICENSEE ACKNOWLEDGES THAT ITS USE OF THE
SOFTWARE IS AT ITS OWN RISK. THE SOFTWARE IS PROVIDED SOLELY ON AN
AS-IS BASIS. ZEND AND ITS LICENSORS MAKE, AND LICENSEE RECEIVES, NO
WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE. ZEND EXPRESSLY DISCLAIMS ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR
A PARTICULAR PURPOSE, AND/OR NONINFRINGEMENT. ZEND DOES NOT WARRANT THAT
THE OPERATION OF THE SOFTWARE SHALL BE OPERABLE, UNINTERRUPTED OR ERROR
FREE OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER
PRODUCT.
6. No Liability. IN NO EVENT SHALL ZEND OR ITS LICENSORS BE LIABLE FOR
ANY DIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR
PUNITIVE DAMAGES OR LOST PROFITS (EVEN IF THEY HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THIS