commit: 72b32500018820bd7cd6125aea5a43efce56a39c
Author: Conrad Kostecki <conikost <AT> gentoo <DOT> org>
AuthorDate: Sat Sep 23 13:52:28 2023 +0000
Commit: Conrad Kostecki <conikost <AT> gentoo <DOT> org>
CommitDate: Sat Sep 23 14:05:24 2023 +0000
URL: https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=72b32500
license/Ookla: add license for ookla-speedtest
Signed-off-by: Conrad Kostecki <conikost <AT> gentoo.org>
licenses/Ookla | 117 +++++++++++++++++++++++++++++++++++++++++++++++++++++++++
1 file changed, 117 insertions(+)
diff --git a/licenses/Ookla b/licenses/Ookla
new file mode 100644
index 000000000000..60127ca0c1d6
--- /dev/null
+++ b/licenses/Ookla
@@ -0,0 +1,117 @@
+EULA
+
+This End User License Agreement ("Agreement") is a binding agreement between
you ("End User" or "you")
+and Ookla, LLC ("Ookla"). This Agreement governs your use of the Speedtest
Software,
+(including all related documentation, the "Software"). The Software is
licensed, not sold, to you.
+
+Your use of this Software is subject to the Terms of Use and Privacy Policy at
at these URLs:
+https://www.speedtest.net/about/terms and
https://www.speedtest.net/about/privacy.
+
+BY INSTALLING THE SOFTWARE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND
UNDERSTAND THIS AGREEMENT;
+AND (B) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS
TERMS.
+IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL THE SOFTWARE.
+
+IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL
ENTITY,
+YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS
AFFILIATES TO THESE TERMS AND CONDITIONS,
+IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS
AFFILIATES.
+IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OR
CONDITIONS,
+YOU MAY NOT INSTALL OR USE THE SOFTWARE.
+
+1) Grant of License.
+Subject to the terms of this Agreement, Ookla grants you a limited,
non-exclusive and non-transferable license
+to use the Software through a command line interface for your personal,
non-commercial use on a single personal
+computer owned or otherwise controlled by you. The Software may contain open
source software, subject to separate
+license terms made available with the Software or accompanying documentation.
+
+2) Restrictions On Use.
+You shall not:
+(a) copy the Software, except as expressly permitted herein;
+(b) modify, translate, adapt, or otherwise create derivative works or
improvements, whether or not patentable, of the Software;
+(c) reverse engineer, disassemble, decompile, decode, or otherwise indirectly
or directly attempt to derive or gain access to the source code of the Software
or any part thereof;
+(d) remove, delete, alter, or obscure any trademarks or any copyright,
trademark, patent, or other intellectual property or proprietary rights notices
from the Software, including any copy thereof;
+(e) rent, lease, lend, sell, sublicense, assign, distribute, publish,
transfer, or otherwise make available the Software, or any features or
functionality of the Software, to any third party for any reason, including by
making the Software available on a network where it is capable of being
accessed by more than one device at any time; or
+(f) install or use the Software on any router, modem, or other non-personal
computer device.
+
+3) Ownership.
+You agree without reservation that Ookla, its affiliates or its licensors own
and retain all right, title and interest
+in and to the Software and the accompanying documentation, including without
limitation, all intellectual property rights therein,
+including all copies, improvements, enhancements, derivative works and
modifications thereof.
+Your rights to use the Software are limited to those expressly granted by this
Agreement and Ookla reserves all rights not expressly
+granted to you herein. The grant of license herein shall not be deemed to
result in the sale, transfer or any other conveyance of Ookla's
+intellectual property of whatsoever nature held or used by Ookla to you. Ookla
will retain all rights in and to Ookla's intellectual property,
+including without limitation Ookla’s trademarks, the Software and
documentation. By providing Ookla any feedback or ideas, suggestions,
+recommendations, modifications or improvements of the Software or
documentation ("Feedback"), you grant Ookla all right, title,
+interest and ownership, including all intellectual property rights therein, to
such Feedback. Ookla is free to use and incorporate
+such Feedback in Ookla’s services or technology, without payment of royalties
or other consideration to you or liability of any kind.
+
+4) Updates..
+Ookla may from time to time in its sole discretion develop and provide
Software updates,
+which may include upgrades, bug fixes, patches, other error corrections,
and/or new features
+(collectively, including related documentation, "Updates"). Updates may also
modify or delete
+in their entirety certain features and functionality. You agree that Ookla has
no obligation to
+provide any Updates or to continue to provide or enable any particular
features or functionality.
+
+5) Term and Termination.
+The term of Agreement commences when you install the Software and will
continue in effect until
+terminated by you or Ookla as set forth herein. You may terminate this
Agreement by deleting the
+Software and all copies thereof in your possession or control. Ookla may
terminate this Agreement
+at any time without notice if it ceases to support the Software, which Ookla
may do in its sole discretion.
+In addition, Ookla may terminate this Agreement immediately without any notice
if you violate any of the
+terms and conditions of this Agreement. Upon termination all rights granted to
you under this Agreement shall
+terminate and you must cease all use of the Software and delete all copies of
the Software in your possession
+or control. Termination will not limit any of Ookla’s rights or remedies at
law or in equity.
+
+6) Disclaimer.
+OOKLA, ITS AFFILIATES, AND ITS LICENSORS PROVIDE THE SOFTWARE AND
DOCUMENTATION "AS IS" AND TO THE
+MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EXPRESSLY DISCLAIM ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED,
+STATUTORY, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE, WITH RESPECT TO THE
SOFTWARE AND DOCUMENTATION,
+INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE,
+TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF
DEALING, COURSE OF PERFORMANCE,
+USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, OOKLA PROVIDES
NO WARRANTY OR UNDERTAKING,
+AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE WILL MEET YOUR
REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS,
+BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR
SERVICES, OPERATE WITHOUT INTERRUPTION,
+MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY
ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
+THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS. YOU MAY
HAVE ADDITIONAL WARRANTY RIGHTS UNDER APPLICABLE
+LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. OOKLA DOES NOT SEEK TO LIMIT YOUR
WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED
+BY APPLICABLE LAW.
+
+7) Limitation of Liability.
+To the fullest extent permitted by applicable law, in no event shall Ookla,
its affiliates or its licensors be liable to you
+for any loss of profits, loss of use, loss or corruption of data, interruption
of business, computer failure or malfunction,
+or any indirect, special, incidental, consequential, exemplary, or punitive
damages arising from or related to this Agreement
+or your use or inability to use the Software or documentation. Ookla's entire
liability and your exclusive remedy for any damages
+under this Agreement will be limited in any event to your direct and actual
damages, not to exceed one hundred percent (100%) of
+the total compensation paid by you under this Agreement. The foregoing
limitations will apply whether such damages arise out of
+breach of contract, tort (including negligence), or otherwise and regardless
of whether such damages were foreseeable or Ookla
+was advised of the possibility of such damages.
+
+8) Export Regulation.
+The Software may be subject to export laws and regulations of the United
States and other jurisdictions.
+You represent and warrant that: (i) you are not named on any U.S. government
denied-party list;
+and (ii) the Software and documentation will not be downloaded or used in a
U.S.-embargoed country or region
+or in violation of any U.S. export law or regulation.
+
+9) Severability.
+In the event that any court of competent jurisdiction determines that any
provision of this Agreement is unreasonable
+or unenforceable for any reason, it is the intention of the parties that said
provision be enforced to the fullest
+extent permitted by law, that the Agreement shall thereby be reformed, and
that in any event the remaining provisions
+of this Agreement shall remain in full force and effect.
+
+10) Applicable Law; Venue.
+This Agreement shall be construed in accordance with and governed by the laws
of the State of New York,
+without regard to its choice of law rules. The parties agree that the federal
and state courts located in New York City,
+New York shall have exclusive jurisdiction to settle any dispute or claim that
arises out of or in connection with this Agreement.
+Each party hereby expressly consents to the jurisdiction of such courts with
respect to any such dispute, waives any objection,
+whether on the grounds of venue, residence or domicile or on the ground that
the proceeding has been brought in an inconvenient forum,
+and agrees that service of process in any such proceeding may be made by hand
delivery or overnight courier with proof of delivery.
+In the event of any dispute arising out of or related to the Agreement, the
substantially prevailing party shall be entitled to receive
+its reasonable attorneys’ fees and costs from the other party, in addition to
any other relief to which the party is entitled.
+
+11) Waiver.
+No failure or delay by either party in exercising any right, power, or remedy
hereunder shall operate as a waiver thereof.
+The waiver by one party of any breach or series of breaches of any provision
of this Agreement by the other party will not
+operate or be construed as a waiver of any subsequent breach by that party of
that or any other provision of this Agreement.
+
+12) Complete Agreement.
+This Agreement, the Terms of Use and Privacy Policy constitute the entire
agreement between the parties with respect to the Software,
+and supersede any and all prior or contemporaneous communications,
representations, proposals, agreements, and understandings between the parties.
