Format: http://www.debian.org/doc/packaging-manuals/copyright-format/1.0/
Upstream-Name: kcare-eportal
Source: http://www.tuxcare.com/

Files: *
Copyright © Cloud Linux Software, Inc
License: CLOUD LINUX LICENSE AGREEMENT
 READ THIS LICENSE AGREEMENT BEFORE INSTALLING THESE PROGRAMS. THIS LICENSE
 AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU, AS EITHER AN INDIVIDUAL OR AN
 ENTITY, AND CLOUD LINUX SOFTWARE INC., DOING BUSINESS AS TUXCARE ("TUXCARE"),
 GOVERNING YOUR USE OF ANY PROGRAMS DOWNLOADED, INSTALLED OR USED BY YOU (THE
 "PROGRAMS"). REFERENCES TO "YOU" HEREIN REFER TO BOTH YOU, THE INDIVIDUAL END
 USER, AND THE ENTITY ON WHOSE BEHALF YOU ARE ACCEPTING THIS LICENSE AGREEMENT.
 TUXCARE IS UNWILLING TO LICENSE THE PROGRAMS EXCEPT ON THE TERMS CONTAINED IN
 THIS LICENSE AGREEMENT. THE ACT OF DOWNLOADING, INSTALLING OR USING THE
 PROGRAMS SHALL CONSTITUTE AN ACCEPTANCE BY YOU OF THE TERMS OF THIS LICENSE
 AGREEMENT. IF YOU DO NOT WISH TO AGREE TO THE TERMS OF THIS LICENSE AGREEMENT,
 PROMPTLY EXIT THE INSTALLATION NOW AND REMOVE IT FROM YOUR SYSTEM.
 .
 THIS LICENSE AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF TUXCARE’S
 OBLIGATIONS AND RESPONSIBILITIES TO YOU AS LICENSEE, AND SUPERSEDES ANY OTHER
 PROPOSAL, REPRESENTATION, OR OTHER COMMUNICATION BY OR ON BEHALF OF TUXCARE
 RELATING TO THE SUBJECT.
 .
 1. GRANT OF LICENSE.
 TuxCare hereby grants to you, and you accept, a limited, nonexclusive license
 to use the Programs in machine-readable, object code form only, and the user
 manuals accompanying the Programs (the "Documentation"), only as authorized in
 this License Agreement. For purposes of this License Agreement, the "Programs"
 include any updates, enhancements, modifications, revisions, or additions to
 the Programs made by TuxCare and made available to end-users. Notwithstanding
 the foregoing, TuxCare shall be under no obligation to provide any updates,
 enhancements, modifications, revisions, or additions to the Programs.
 .
 You may use one copy of the Programs only on systems, including servers,
 workstations, virtual machines, blades, nodes, or disk partitions for which you
 have purchased Subscription Services from TuxCare or its resellers. For
 purposes of this License Agreement, "use" of the Programs means loading the
 Programs into the temporary or permanent memory of a computer. Installation of
 the Programs on a network server solely for distribution to other computers is
 not "use" of the Programs and is permitted as long as you have purchased
 Subscription Services for the systems being accessed by the Programs.
 .
 Your installation or use of the Programs grants TuxCare limited access to your
 system information for the sole purpose of Cybersecurity analysis and
 reporting. Such access and information collected include reviewing installed
 packages and applications, the names, sizes, and attributes of files, the
 server or system uptime, load, running processes, and debugging information of
 the patching process and Program.
 .
 As a condition of the license granted to You pursuant to this License
 Agreement, You shall pay TuxCare the amount(s) of all applicable license fees.
 You shall, in addition to the license fees, pay all applicable sales, use,
 transfer, or other taxes and all duties, whether national, state, or local,
 however designated, that are levied or imposed by reason of the transaction
 contemplated under this License Agreement. You shall reimburse TuxCare for the
 amount of any such taxes or duties paid or incurred directly by TuxCare as a
 result of this transaction, and you agree that TuxCare may charge any such
 reimbursable taxes to the payment instrument you used for Your initial payment.
 .
 Restrictions on Use with cPanel and Plesk: Notwithstanding any other provisions
 in this License Agreement, licenses for Endless Lifecycle Support (ELS) for
 CloudLinux 7 and ELS for CentOS 7, when procured directly from CloudLinux,
 shall not be used on systems running cPanel or Plesk. For systems utilizing
 cPanel or Plesk, licensing for ELS must be procured through WebPros or its
 authorized distributors. Any use of directly procured CloudLinux ELS licenses
 on such systems constitutes a breach of this License Agreement.
 .
 2. AUDIT
 You agree that on TuxCare’s request, you will certify in writing your
 compliance with the terms of this License Agreement, including your use of the
 Programs only on or in connection with the number of systems licensed. You
 further agree that TuxCare may, during normal business hours and with
 reasonable prior notice, request and gain access to your premises for the
 limited purpose of conducting an inspection to determine and verify your
 compliance with this License Agreement. The inspection will be conducted no
 more than once per year and in a manner not intended to disrupt your business
 and will be restricted in scope and duration to that reasonably necessary to
 achieve its purpose.
 .
 3. PROTECTION OF PROPRIETARY RIGHTS; CONFIDENTIALITY.
 You acknowledge that the Programs and each of their components are owned by
 TuxCare and others, and are protected under copyright law and other laws as
 applicable. Title to the Programs or any copy, modification, or merged portion
 thereof shall remain with their respective owners, subject to the applicable
 license. You may commercially redistribute the Programs only if you have
 entered into a separate agreement with TuxCare authorizing such commercial
 redistribution or if uxCare has otherwise granted you permission in writing.
 You agree not to remove any confidential or proprietary legends from the
 Programs.
 .
 You acknowledge that, in the event of your breach of any of the
 provisions of this Section 3, TuxCare will not have an adequate remedy in money
 or damages. TuxCare shall, therefore, be entitled to obtain an injunction
 against such breach from any court of competent jurisdiction immediately upon
 request. TuxCare’s right to obtain injunctive relief shall not limit its
 right to seek further remedies. This Section 3 shall survive termination for
 any reason. Your obligations hereunder shall remain in effect for as long as
 you continue to possess or use the Programs, or any proprietary interests
 therein.
 .
 You further agree not to, and You will not permit others to (a) license,
 sell, rent, lease, assign, distribute, transmit, host, outsource,
 disclose or otherwise commercially exploit the Programs, (b) copy or use the
 Programs for any purpose other than as permitted in this License Agreement,
 (c) remove or alter any trademark, logo, copyright or, patent marking(s), other
 proprietary notices, legends, symbols or labels in the Programs, or (d) modify,
 make derivative works of, disassemble, reverse compile or reverse engineer any
 part of the Programs, including, but not limited to, its license keys, to the
 fullest extent of the law. All Programs are and remain the confidential
 information of, and a trade secret of, TuxCare. The Programs does not include
 any rights to the underlying source code of the Programs, but only a right to
 use the object/binary code as set forth and restricted herein.
 .
 You shall not rent, sell, lease, license, sublicense, assign, transfer,
 publish, disclose, distribute, display, or transcribe in any fashion any of the
 Programs to others or for any use other than as provided bythis EULA, and any
 such attempted rental, selling, leasing, licensing, sublicensing, assignment,
 transfer, publishing, disclosure, distribution, display or transcription shall
 be null and void."Confidential Information" shall mean the Programs, any
 intellectual property of TuxCare or any other information that characterizes as
 confidential at the time of its disclosure either in writing or orally, except
 for information which you can demonstrate: (a) is previously rightfully known
 to you without restriction on disclosure; or (b) is or becomes, from no act or
 failure to act on your part, generally known in the relevant industry or public
 domain.
 .
 You shall use your best efforts to preserve and protect the
 confidentiality of the Confidential Information at all times, both during the
 term hereof and for a period of at least 3 years after termination of this
 License Agreement, provided, however, that any source code or trade secrets you
 receive shall be held in confidence in perpetuity.
 .
 You shall not disclose, disseminate, or otherwise publish or communicate
 Confidential Information to any person, firm, corporation, or other third party
 without the prior written consent of TuxCare. You shall not use any
 Confidential Information other than in the as expressly required to use the
 Programs in accordance with its standard use and in accordance with all Product
 Information.
 .
 You are required to notify TuxCare in writing immediately upon discovery of any
 unauthorized use or disclosure of Confidential Information or any other breach
 of this License Agreement and to cooperate with TuxCare in every reasonable way
 to regain possession of Confidential Information and prevent any further
 unauthorized use. If you are legally compelled to disclose any of the Confidential
 Information, then, prior to such disclosure, you will (i) immediately notify
 TuxCare prior to such disclosure to allow TuxCare an opportunity to contest the
 disclosure, (ii) assert the privileged and confidential nature of the
 Confidential Information, and (iii) cooperate fully with TuxCare in protecting
 against any such disclosure and/or obtaining a protective order narrowing the
 scope of such disclosure and/or use of the Confidential Information. In the
 event such protection is not obtained, you shall disclose the Confidential
 Information only to the extent necessary to comply with the applicable legal
 requirements.
 .
 4. LIMITED WARRANTY; EXCLUSIVE REMEDIES.
 Limited Warranty: TuxCare warrants that (i) the media on which the Programs are
 furnished will be free from defects in materials and manufacture under normal
 use of a period of 30 days from the date of delivery to you; and (ii) TuxCare
 is the owner or authorized licensee of the Programs, or has the rights to
 license the Programs to you.No person other than TuxCare, in writing, is
 authorized to make any representation or warranty to you regarding the
 Programs.
 .
 Exclusive Remedy: In the event of a breach of the limited warranty
 above, your exclusive remedy relative to the Programs shall be for TuxCare, at
 TuxCare’s option, to either: (i) replace the Programs that do not meet the
 limited warranty; or (ii) refund to you the Programs license fees (and no other
 fees) paid by you, during the 12 month period immediately preceding the breach
 of the limited warranty, for the Programs which fails to comply with the
 limited warranties.
 .
 5. DISCLAIMER; LIMITATION ON LIABILITY
 Disclaimer: THE LIMITED WARRANTY ABOVE IS THE SOLE WARRANTY MADE BY TUXCARE.
 TUXCARE MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. ANY
 AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
 NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED BY TUXCARE.
 Limitation on Consequential Damages: IN NO EVENT SHALL TUXCARE BE LIABLE TO
 YOU, AS LICENSEE, OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL OR
 INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR BUSINESS PROFITS, BUSINESS
 INTERRUPTION, LOSS OF BUSINESS INFORMATION OR SIMILAR LOSSES) EVEN IF TUXCARE
 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TUXCARE SHALL HAVE NO
 LIABILITY OF ANY KIND RELATED TO YOUR DATA, INCLUDING, BUT NOT LIMITED TO, THE
 LOSS OR DAMAGE THEREOF.
 .
 Limitation on Liability: THE CUMULATIVE LIABILITY OF TUXCARE TO YOU FOR ALL
 CLAIMS RELATED TO THE PROGRAMS AND THIS LICENSE AGREEMENT, INCLUDING ANY CAUSE
 OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY SHALL NOT EXCEED THE
 TOTAL AMOUNT OF ALL LICENSE FEES (AND NO OTHER FEES) PAID TO TUXCARE FOR THE
 PROGRAMS DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE INITIAL
 EVENT GIVING RISE TO THE CLAIM. All limitations on liability, damages, and
 claims are intended to apply without regard to whether other provisions of this
 License Agreement have been breached or have proven ineffective.
 .
 6. TERMINATION.
 The license granted herein is effective until terminated. The license will
 automatically terminate without notice if you fail to comply with any provision
 of this License Agreement. Upon termination of this License Agreement, all
 rights granted to you pursuant to this License Agreement will terminate and
 revert to TuxCare. This license may be terminated at any time, for any reason,
 by TuxCare. TuxCare’s maximum liability for any such termination is to refund
 to you any prepaid fees.
 .
 7. PERSONAL INFORMATION CONTROL.
 You agree to comply with all applicable laws, regulations, rulings, and orders
 of the EU, US, and other countries (including but not limited to the EU’s
 GDPR) in which you have operations relating to the protection, use, and
 distribution of personal information of your users or visitors on any devices
 which have the Program installed or stored. Further, you shall indemnify
 TuxCare for any and all claims resulting from your violation of any such laws,
 regulations, rulings, or orders.
 .
 8. EXPORT CONTROL.
 You agree to comply with all applicable laws, regulations, rulings, and
 executive orders of the United States relating to the exportation or
 importation of any copies of the Programs (including but not limited to the
 export and destination control regulations of the Commerce and Treasury
 Department) and with all applicable foreign laws relating to the use,
 importation, licensing or distribution of copies of the Programs. You
 acknowledge that TuxCare is subject to economic sanctions laws ("Economic
 Sanctions Laws"), including but not limited to those enforced by the U.S.
 Department of the Treasury’s Office of Foreign Assets Control ("OFAC"), the
 European Union, and the United Kingdom. Accordingly, You shall comply with all
 Economic Sanctions Laws, including, but not limited to, those of the United
 States, the European Union, and the United Kingdom. You shall not provide
 access to the TuxCare Products to any individuals identified on OFAC’s list
 of Specially Designated Nationals ("SDN List"), the UK’s HM Treasury’s
 Consolidated List of Sanctions Targets, or the EU’s Consolidated List of
 Persons, Groups, and Entities Subject to EU Financial Sanctions (collectively
 "Sanctioned Parties"). You shall not take any action that would place TuxCare
 in a position of non-compliance with any such Economic Sanctions Laws.
 .
 Furthermore, You represent and warrants that (i) you have not in the past been,
 and will not be in the future, be connected with any Sanctioned Parties, (ii)
 shall provide such information regarding any individual or entity which you do
 business within any location covered by Economic Sanction Laws upon request of
 TuxCare, and (iii) shall promptly advise TuxCare of any activities which
 increases the risk of your’s non-compliance with this Section 8 or TuxCare’
 compliance with Economic Sanctions Laws.
 .
 You agree to indemnify and hold TuxCare harmless from any loss, damages,
 liability, or expenses incurred by TuxCare as a result of your failure to
 comply with any export regulations or restrictions or otherwise fails to
 comply with this Section 8.
 .
 9. GENERAL.
 This License Agreement shall be governed by and construed in accordance with
 the laws of the State of Delaware and the United States, without regard to any
 conflict of laws provisions. The rights and obligations of the parties to this
 License Agreement shall not be governed by the United Nations Convention on the
 International Sale of Goods. No modification of this License Agreement shall be
 binding unless it is in writing and is signed by an authorized representative
 of the party against whom enforcement of the modification is sought; or in the
 event of TuxCare updating this License Agreement; You agreeing to the modified
 terms through use of a click through process.
 .
 Any notices required or permitted under this License Agreement shall be in
 writing and delivered in person or sent by registered or certified mail, return
 receipt requested, with proper postage affixed. In the event that any term of
 this License Agreement is or becomes or is declared to be invalid or void by
 any court or tribunal of competent jurisdiction, such term shall be null and
 void and shall be deemed severed from this License Agreement, and all the
 remaining terms of this License Agreement shall remain in full force
 and effect.
