This license agreement, valid from the date of ... and passed between the following parties:
Mandriva SA (the owner and the owner of the trademark "Mandriva") and the licensee, the OpenMandriva Association, an association of law established in 1901 to 8114 Jadot, 8 Square Jean-Paul Sartre, 91000 Evry, founded on 8th December 2012.
The holder and owner of the brand "Mandriva", Mandriva SA, and by the same, the issuer of that license has all rights necessary and sufficient property to grant the source code and other items belonging to what is normally called "intellectual property" as described in detail in Appendix A at the end of this document. The issuer of the license grants OpenMandriva association this intellectual property in the terms and conditions described in this document to allow the Association OpenMandriva to continue the purpose for which it was created.
The Contracting Parties as defined by this license (Mandriva SA and OpenMandriva association) engage in the following terms:
1. Mandriva SA by this license gives the association OpenMandriva
a) a non-exclusive and irrevocable worldwide license, without any right to royalties ("royalty-free"), to reproduce, prepare, publicly display, publicly run, distribute, give sub-licenses within association and outside, and create derivative works of the software and derivative releases in the form of source code and binary code
b) a worldwide non-exclusive, without any right to payment of royalties ("royalty-free"), for private use, public, distribute, publicly display the name "Mandriva" only in conjunction with the name "Open" as the new brand name used by the association in OpenMandriva software products, published documents and public events is "Open Mandriva." Any use of the Mandriva brand alone without Open, or logos owned by Mandriva SA. is excluded from this license.
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2. Mandriva SA, according to his knowledge, has the authority to give such license. Mandriva SA agrees to notify the Association OpenMandriva any fact or circumstance that could modify or make inaccurate the terms of this agreement.
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3. This software, used in any manner whatsoever, in binary form or source code is provided as is without warranty or indemnity and can not be subject to civil liability, criminal, between individuals, between professionals or between individuals and professionals.
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This License Agreement is the entire agreement between the parties hereto on the subject of intellectual property and may be amended only by explicit agreement in writing and signed by both parties.
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APPENDIX A.
List of software and brand (s) included in the present license agreement:
Software:
- Mandriva Linux operating system as available in its development version from June 2012 on servers Mandriva SA
- owners of the property and copyright of each software included in Mandriva Linux remains the owner of his or her software included, as well as software whose author is Mandriva SA.
Brand:
This Agreement is a license (in the terms and conditions set forth in the license agreement) to use the "Mandriva" brand ONLY in conjunction or association with the word "Open" to form the brand "OpenMandriva "or" Open Mandriva. "
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List of software and brand (s) excluded from this license agreement:
Software:
- Mandriva Corporate Server, Mandriva Enterprise Server, MNF, Mandriva One, Mandriva Class and Mandriva Pulse (Pulse 2, Pulse² included) and any software marketed by Mandriva SA from 2013.
Brands :
- Mandriva as a brand only, Mandriva SA, Mandrake, MandrakeSoft.
