[Pkg-pascal-devel] Please confirm non-distributability of Novell SDK material

Sat Apr 19 07:52:02 UTC 2014

Hi Debian-legal readers [Please CC the Pascal list on reply]

I believe that I (well Lintian to be honest) found a file [1] in fpc
that is not distributable. The license of the SDK follows at the end of
this e-mail. The sentence that I found most problematic is the following:
"""Novell grants You the non-exclusive, non-transferable right to: a)
internally use the Early Access Release Materials and Internal Tools in
support of Your efforts to develop Derivative Software hereunder (but
You may not include any portion of Early Access Release Materials or
Internal Tools in Derivative Software); b) use, modify, and compile
source code Software for the purpose of creating Developer Products, if
the source code Software is identified as licensed for use in creating
Developer Products; and, c) reproduce and distribute Derivative Software
as part of a Developer Product."""

If I understand it right, a is not applicable to the file in question as
distribution is not "internally use". B is not applicable as the file in
question is not "source code Software" and use, modify and compile does
not mean distribution. C is not applicable as it only allows derivative
software (which in their definition is binary) to be distributed, not
the SDK files themselves. Additionally the license is non-transferable,
which makes it unsuitable for Debian (and the file lacks source, that is
an other Debian problem).

Paul
[1] fpcsrc/rtl/netwlibc/pre/libcpre.gcc.o

Full license:
#############
Novell Developer License Agreement

1. PURPOSE. Novell makes available the Novell developer software and
documentation (the "Software") under the terms of this Novell Developer
License Agreement.  If You do not agree to these terms, You may not
access or use the Software.

2. DEFINITIONS. The following terms have the meanings assigned to them
below:

   "Derivative Software" means the Binary code Software and/or Binary
code that results from your compilation of modified or unmodified source
code Software. Derivative Software may not include Early Access Release
Materials or Internal Tools.

   "Developer Product" means Your own computer product that incorporates
Derivative Software and does not substantially duplicate the
capabilities or compete with the Derivative Software or the Software.

   "Early Access Release Materials" means Software and/or Documentation
Novell identifies as "beta", "pre-release," "futures," or as an "early
access release."

   "Internal Tools" means compatibility criteria, test suites, test
tools, end user products, and other programs designed to aid in the
development of, but not be incorporated in, Derivative Software Products.

3. LICENSES. Use of the Software and Documentation is subject to the
restrictions contained in this Agreement. The Software contains various
software programs with different license rights. Novell grants You the
non-exclusive, non-transferable right to: a) internally use the Early
Access Release Materials and Internal Tools in support of Your efforts
to develop Derivative Software hereunder (but You may not include any
portion of Early Access Release Materials or Internal Tools in
Derivative Software); b) use, modify, and compile source code Software
for the purpose of creating Developer Products, if the source code
Software is identified as licensed for use in creating Developer
Products; and, c) reproduce and distribute Derivative Software as part
of a Developer Product.

   Sample Source Code. Sample source code that is made available as part
of the Software may include a license grant that is broader then the
license granted above in 3. If so, Your license to use the sample source
code is as described in the license language included with the sample
source code.

   Open Source Software. Your license to use software that is provided
subject to a separate open source license is described in and subject to
the license agreement included with the software.

   Third Party Products. As a service to You, certain third party
software products may be made available to You from Novell. Your license
to use such products is as described in and subject to the license
agreement provided by the third party.

4. RESTRICTED SOFTWARE. Notwithstanding anything to the contrary in this
Agreement, portions of the Software and/or Documentation may be subject
to restrictions set forth in terms that accompany those portions. You
agree to abide by such restrictions. If such restrictions are
unacceptable to You, You may not use the Software.

5. RESERVATION OF RIGHTS. Novell reserves all rights not expressly
granted to You. Without limiting the generality of the foregoing You: a)
acknowledge that the source code of the binary code Software represents
and embodies trade secrets of Novell or its licensors (except for source
code made publicly available by the licensor); b) agree not to
disassemble, decompile, or otherwise reverse engineer the binary code
Software to discover the source code and/or trade secrets embodied in
the source code; c) acknowledge that Novell has not authorized You to
rent, lease, and/or time share the Software; and, d) while certain test
tools and test suites may be provided, YOU AGREE THAT ONLY NOVELL CAN
ISSUE AND PUBLISH TEST BULLETINS OR AUTHORIZE USE OF THE "YES" OR OTHER
NOVELL LOGOS.

6. EARLY ACCESS MATERIALS. Novell does not represent or warrant that it
will make the Early Access Materials generally available to the public
or that any target dates will be met. Novell may change or cancel its
plans at any time. You acknowledge that any Early Access Release product
is of pre-release quality, has not been fully tested, and may contain
errors; You assume the entire risk arising out of the use of the Early
Access Release Software and any information provided with the Early
Access Release Software.

7. SUPPORT. Novell shall have no obligation to provide support to You or
to users of Developer Product(s).

8. TERM AND TERMINATION. This License will become effective on the date
you acquire the Software and will remain in force until terminated. You
may terminate this License at any time by destroying the Documentation
and the Software together with all copies and adaptations. This License
shall also automatically terminate if you breach any of the terms or
conditions. You agree to destroy the original and all adaptations or
copies of the Software and Documentation, or to return them to Novell
upon termination of this License. Your right to use any Early Access
Release Software will terminate upon the earlier of (i) first commercial
shipment by Novell of the Early Access Release product, (ii) other
termination of this Agreement, or (iii) time-based or other disabling of
the Early Access Release product. Upon termination of this Agreement,
end users of the Developer Product may continue to use the Developer
Product under the terms of their license from You. You will have the
right to maintain one copy of each version of the source code Software
and/or the Developer Product but only for the purpose and to the extent
reasonably necessary for you to provide support and maintenance to end
users.

9. DEVELOPER INDEMNIFICATION. You agree to indemnify, defend and hold
Novell harmless from all damages, liabilities and expenses incurred by
Novell as a result of any claim, or judgment against Novell by any third
party arising out of, or connected in any manner with, distribution or
use of software created by You through the use of Software licensed to
You under this Agreement or arising out of breach of this Agreement. If
Novell receives notice of such a claim, Novell will promptly notify You
in writing and allow You sole control of the defense of any such claim
or action and all negotiations for its settlement and compromise,
provided You give adequate assurances that You will diligently pursue
resolution of the claim.

10.GOVERNING LAW. Except as otherwise restricted by law, this License
shall be governed by, and interpreted in accordance with, the laws of
the State of Utah of the United States of America, without regard to
Utah law governing conflicts of law. This Agreement shall be treated as
though it were executed in Utah County, Utah.  Any action relating to
this License agreement shall be brought in a Utah court of competent
jurisdiction.

11.ENTIRE AGREEMENT. This Agreement sets forth the entire understanding
and License between you and Novell and may be amended only in a writing
signed by both parties. No vendor, distributor, dealer, retailer, sales
person or other person is authorized to modify this license or to make
any warranty, representation or promise which is different than, or in
addition to, the representations or promises of this license. This
Agreement is not assignable by you in whole or in part without Novell’s
prior written approval.

12.SEVERABILITY / WAIVER. If a provision is invalid or unenforceable,
the remaining provisions will remain in effect and the parties will
amend the Agreement to reflect the original agreement to the maximum
extent possible. No waiver of any contractual right will be effective
unless in writing by an authorized representative of the waiving party.
No waiver of a right arising from any breach or failure to perform will
be deemed a waiver of any future right.

13.DISCLAIMER. EXCEPT AS OTHERWISE RESTRICTED BY LAW, THE SOFTWARE AND
ANY ASSOCIATED SERVICES ARE PROVIDED "AS IS." NOVELL MAKES NO  WARRANTY,
REPRESENTATION OR PROMISE. NOVELL DISCLAIMS AND EXCLUDES ANY AND ALL
IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. NOVELL DOES NOT WARRANT THAT THE SOFTWARE
WILL SATISFY YOUR REQUIREMENTS OR THAT THE SOFTWARE IS WITHOUT DEFECT OR
ERROR OR THAT ITS OPERATION WILL BE UNINTERRUPTED. Some states do not
allow some limitations on implied warranties, so the above limitations
may not fully apply to you. This warranty gives you specific legal
rights which vary from state to state.

14.LIMITATION OF LIABILITY. NEITHER NOVELL NOR ANY OF ITS LICENSORS,
EMPLOYEES, OR AGENTS SHALL IN ANY CASE BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS OR REVENUE, LOSS OF
USE OF SOFTWARE, LOSS OF DATA, COSTS OF RE-CREATING LOST DATA, OR THE
COST OF ANY SUBSTITUTE EQUIPMENT OR PROGRAM), INDIRECT OR PUNITIVE
DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. EXCEPT AS
OTHERWISE RESTRICTED BY LAW, NOVELL'S AGGREGATE LIABILITY ARISING FROM
OR RELATING TO YOUR USE OF THE SOFTWARE  OR ANY ASSOCIATED SERVICES IS
LIMITED TO THE GREATER OF $100 OR THE TOTAL OF PAYMENTS MADE FOR SUCH
SERVICES. Some states do not allow the complete exclusion or limitation
of incidental or consequential damages, so the above limitation or
exclusion may not fully apply to you.

15.EXPORT. You may not export, re-export, or use the Software in
violation of any applicable laws or regulations including, without
limitation, U.S. export regulations or the laws of the country in which
you reside.  U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication, or
disclosure by the United States Government is subject to restrictions as
set forth in FAR s 52.227-14 (June 1987) Alternate III(g)(3) (June
1987), FAR s 52.227-19 (June 1987), or DFARS s 52.227-7013 (c)(1)(ii)
(June 1988), as applicable. Contractor/Manufacturer is Novell, Inc.,
1800 S.  Novell Place, Provo, Utah 84606. OTHER. Those terms which by
their nature extend beyond termination of this Agreement shall survive
and remain in effect until all obligations are satisfied. The
application of the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded.

Copyright Novell, Inc., 9/22/2004

September 22, 2004

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