[arch-dev-public] Kingsoft Office License
Felix Yan
felixonmars at gmail.com
Tue Mar 18 04:34:23 EDT 2014
Hi,
I recently received a license from Kingsoft to redistribute the office
productivity suite "kingsoft-office", and I want your opinion about if it
looks good to us, or if any modifications have to be made.
The product is an office suite written in C++ and Qt, including three
components: Writer, Spreadsheets and Presentation. From my own experience, it
has very good compatibility with Microsoft Office (much better than
LibreOffice, especially with newer formats like .docx files), and have
attracted 138 votes on AUR too [1].
Within the past one year, I've been trying and pushing them for this license,
and it's finally here.
One more thing that has to be noted is, as the native 64-bit version of
kingsoft-office has been (temporarily, I hope) removed from their development
cycle, we have to ship the 32-bit version in [multilib] for x86_64 systems.
Luckily this won't introduce more packages as all the lib32-* dependencies it
needs are already in [multilib].
Below I'll paste the full text of the license. A .doc version
(the rich text version directly from Kingsoft) can be downloaded here:
https://paste.xinu.at/Mf5/
[1] https://aur.archlinux.org/packages/kingsoft-office
==================================================
LICENSE AGREEMENT OF KINGSOFT OFFICE FOR LINUX COMMUNITY VERSION (also called
WPS OFFICE FOR COMMUNITY VERSION)
Please read and understand all rights and limitations stated in this LICENSE
AGREEMENT OF KINGSOFT OFFICE FOR LINUX COMMUNITY VERSION (also called WPS
OFFICE FOR COMMUNITY VERSION) (“the Agreement”) carefully. Before using
Kingsoft Office for Linux Community Version (also called WPS Office for
Community Version) (the “Product” ) that accompanies the Agreement, you need
to read all the terms of the Agreement and decide whether to agree with the
terms or not. You shall not enjoy any right regarding the "Product" or use the
"Product" by any means unless and until you agree to all terms of the
Agreement.
As a reference, you may print out the text of the Agreement from this page
now.
The Agreement is a legal agreement entered into between you and Kingsoft
regarding the “Product”. The "Product" consists of the attached computer
software, including all versions (including all language versions and updated
versions being released and will be released in the future by Kingsoft, etc.;
Kingsoft Software has the right of decision as to whether to release new
language version, which language is to be chosen for the release, whether to
release updated version as well as when to release language version and
updated version) of Kingsoft Office for Linux Community Version, and other
relevant documents. Once you use any version (including without limitation any
language version or updated version, if any) of the "Product", it shall be
deemed that you have agreed to be bound by the restrictions of all terms in
the Agreement. If you do not agree to the terms of the Agreement, then you
shall not be entitled to use any version (including without limitation any
language version or updated version, if any) of the "Product" by any means.
The “Product” is protected by copyright laws, international copyright treaties
and other related laws and treaties. The “Product” is licensed, not sold.
1. Kingsoft authorizes you the non-exclusive right to use the "Product" in the
territorial scope in the world (“Authorized Territorial Scope”) . Your right
to use the "Product" is limited to:
1) On the premise that you observe and abide by this term, you have the right
to repack the "Product" for the purpose of distributing the "Product" to end
users in the authorized territorial scope via your community :
a. The “repack” in this term means that you are only allowed to modify the
script, record and graphic files of the “Product”, and you should guarantee
that any modifications you make to the script, record and graphic files of the
“Product” in you “repacking” process are based on the original version of the
“Product” provided by Kingsoft; you shall not make any modification (including
without limitation repacking) in the version of the “Product” repacked
according to this term by the third party at any time. Unless the
modifications to the script, record and graphic files of the “Product” are
made in the repacking process agreed in this term, you shall not make any
other modifications, including without limitation modifying any documents that
have “boot” in the name, modifying any icon of the “Product”, changing the
content of copyright notice or any other notice of the “Product”, modifying
the Agreement or any attached agreement of the “Product”;
b. The format of the “Product” after repacking shall only be the format of
software package you need when you add the “Product” to your community
software warehouse in order to distribute it according to the Agreement.
2) On the premise that you observe and abide by this term, you have the right
to distribute the "Product" via your community in a lawful manner to end users
within the Authorized Territorial Scope:
a. You are only allowed to distribute the “Product” provided by Kingsoft as a
whole on an AS IS basis. The distributed “Product” shall only be the
unmodified complete (including without limitation the whole content of the
attached “Kingsoft Software End-User License Agreement” (hereafter referred to
as “Kingsoft EULA”) ) version provided by Kingsoft that includes all copyright
identification;
b. You shall not make any modification to the Agreement in the form or
content. You shall guarantee that the end users who get the “Product” that you
distribute all agree to accept the terms and restrictions of Kingsoft EULA
before using the “Product”;
c. You shall guarantee by legal technical means (including without limitation,
providing, alias, phony target, copying and other legal technical means which
can be supported by your community software warehouse) that the software any
users installed from your community software warehouse named “kingsoft-office”
or “wps-office” is exactly the “Product”;
d. You shall not integrate the “Product” with any software or program
(including without limitation software and program that contains open-source
code);
e. You shall not sell the “Product”, make a profit of or or collect disguised
fee from the “Product” by any means.
3) In case of a conflict between this term and other terms in the Agreement
regarding the content and the actual execution, the provisions of this term
shall prevai.
2. You shall abide by the following obligations:
1) Before using the “Product”, you shall guarantee that you have already
logged in the official website of the “Product”
(http://www.wps.cn/privacy/unixdistribute) and filled out your relevant
information, which is truthful, accurate and valid.
2) You shall guarantee that you will guide the third party to distribute the
“Product” (including the repacked “Product”, which means that you consent to
the distributing of the repacked “Product” by the third party according to the
Agreement without paying any charge to you) in the way licensed in the
Agreement in a lawful manner. You shall inform the third party that before
distributing the “Product” (including the repacked “Product”), he should log
in the official website of the “Product”
(http://www.wps.cn/privacy/unixdistribute), fill in his relevant information,
read through and agree to all the terms of the Agreement. Under the above-
mentioned condition, the third party has the right to distribute the “Product”
(including the repacked “Product”) according to the Agreement. Otherwise, any
use (including without limitation repacking and distributing actions) of the
“Product” (including the repacked “Product”) shall be deemed to be
unauthorized use, and Kingsoft reserves the right to the legal responsibility.
If you remiss in perform or fail to prove your full implement of the above-
mentioned obligations under this term, you shall assume joint liability for
the third party’s unauthorized use of the “Product” (including the repacked
“Product”) to Kingsoft.
3) You shall guarantee that you have legal right to any community (including
community software warehouse) in which you distribute the “Product” (including
the repacked “Product”). You shall ensure that you have the right to add the
“Product” to the community (including community software warehouse) and the
right to distribute the “Product” according to the Agreement in this community
(including community software warehouse), and that such actions do not
infringe upon the legitimate interest of any third party. The community
(including community software warehouse) and its content (including without
limitation all the software it contains) shall be legitimate and legally
authorized by copyright owners, so that it shall not infringe upon the
legitimate interest of any third party.
4) Do not use, copy, revise and/or assign the “Product”, as a whole or part,
beyond the scope authorized by the Agreement.
5) Do not reverse engineer, de-compile, or disassemble the “Product” or
attempt to gain access to the source code for the “Products” by any means.
6) Make sure that all the copies of the “Product” comprise all the copyright
marks.
7) You shall not assign, sublicense or reinvest any of your right under the
Agreement by any means.
8) Unless it is expressly stipulated in other terms of the Agreement, you are
not allowed to photocopy the whole or any part of the “Product”, create any
derivative work based on the “Product”, evade any security measure that aims
to control access to the “Product” by any means. Without separate license from
Kingsoft, you shall not pack or bundle the “Product” with any hardware or pre-
install the “Product” in any hardware. You are licensed according to this
Agreement to use the “Product” only as an integral whole, and you shall not
use any component of the “Product” separately in any form or by any means.
3. Replacing, Reworking and Upgrading
1) Kingsoft reserves the rights to replace, revise and upgrade the “Product”,
as well as the rights to charge fees for such replaced, revised and/or
upgraded edition of the “Product” by prior announcement to you (including
without limitation to the “Product” official website and the email address you
provided) at any time.
2) Any replaced, revised and/or upgraded edition of the “Product” provided to
you will be deemed as a part of the “Product”, and shall be governed by the
Agreement, unless the Agreement is replaced by another agreement attached to
the replaced, revised and/or upgraded edition of the “Product”.
3) If Kingsoft provides a replaced, revised and/or upgraded edition of the
“Product”, you shall not use the replaced, revised and/or upgraded edition of
the “Product” until you fully agree with the replaced, revised and/or upgraded
edition of the “Product” and the new version of EULA attached (if any).
4. Reservation of Rights
Any rights not expressly and clearly granted in the Agreement shall be
reserved by Kingsoft.
5. Copyright
1) You shall not remove any copyright mark from the “Product”, meanwhile you
shall make the copyright mark exactly as is on all the copies of the “Product”
to duly announce Kingsoft’s copyright.
2) Kingsoft own the copyright of the “Product” (including but not limited to
any image, picture, flash, video, record, music, word and add-program),
printing material attached and any copies of the “Product”.
3) Copyright and any other rights in the “Product” and its documents are
protected under the local and international Laws and treaties.
4) You shall not remove or destroy any copyright mark regarding the “Product”.
You guarantee that you shall also copy this copyright declaration in all
copies of the “Product” (whether in whole or part).
5) You agree to prevent any pirates of the “Product” and its documents.
6) The attached documents (if any) of the “Product” are placed in your
community for the purpose of introducing and illustrating the “Product” for
end users as reference.
7) You shall ensure not to register, claim or require any right regarding the
“Product” in any territorial scope besides the license you have to the
“Product” under the Agreement. You acknowledge and accept that Kingsoft or its
affiliate company has the exclusive right of all trademarks and symbols
relevant to the “Product”, regardless of the language (including without
limitation “金山”, “KINGSOFT”, “WPS” and other relevant trademarks, symbols,
names and marks, hereinafter referred to collectively as “Kingsoft
Trademarks”). Without prior written consent of Kingsoft, you are not allowed
to use Kingsoft Trademarks by any means: including without limitation, using
Kingsoft Trademarks as trade names (brand names), or the name of a company or
enterprise, authorizing the third party to use Kingsoft Trademarks, unless the
above-mentioned use is agreed by Kingsoft in writing in advance. At any time
you are not allowed to apply or register in any country or region, or assist
any third party to apply or register Kingsoft Trademarks or any trademarks
that are identical, similar or confusingly similar to Kingsoft Trademarks. In
addition, without clear endorsement of Kingsoft, you recognize that you shall
not use or register, or authorize other people to use or register any name
containing Kingsoft Trademarks or identical, confusingly similar names as
website domain names.
8) You acknowledge and accept that Kingsoft has the right to alter (including
without limitation adding, abridging, replacing, revising, etc. similarly
hereinafter) or modify any Kingsoft Trademarks, name, version or any function
and the kind of language of the “Product” due to the existing or possible
intellectual property right violation risks, or the existing proceedings
initiated by a third party regarding the issue of intellectual property right
concerning the “Product” (including the trademarks, marks and logos of the
“Product”, etc.) arise in whole or part of the authorized territorial scope;
you are in duty bound to assist Kingsoft to alter and modify the above
mentioned elements. In case of a conflict between this term and other terms in
the Agreement regarding the content and the actual execution, the provision of
this term shall prevail.
6. Export Restrictions
The “Product” is subject to the People’s Republic of China export laws and
regulations. You must comply with all domestic and international export laws
and regulations that apply to the “Product”. These laws include restrictions
on destinations, end users and end use.
7. Disclaimer Of Warranties.
To the maximum extent permitted by the applicable laws, Kingsoft and its
suppliers provide the “Product” and support services (if any) AS IS AND WITH
ALL FAULTS, and hereby disclaim all other assurance and warranties, whether
express, implied or statutory, including, but not limited to, any (if any)
implied warranties of merchantability or fitness for a particular purpose,
accuracy of responses, completeness of results, free of viruses and negligence
with regard to the “Product”, and the provision of or failure to provide
support or other services as for the “Product”. You recognize that Kingsoft
shall not bear any liability for any guaranty regarding Kingsoft Trademarks
and any legal liability (including without limitation liability for tort)
caused by Kingsoft Trademarks in the authorized territorial scope. You shall
assume any legal liability caused by Kingsoft Trademarks in the authorized
territorial scope and guarantee that Kingsoft shall not suffer losses or bear
any liability thereby. Moreover, you recognize that Kingsoft shall not bear
any liability for any guaranty regarding the violation of patent right of any
party in any country or region within the authorized territorial scope caused
by the “Product”. You shall assume any legal liability caused by the violation
of patent right of any party in any country or region within the authorized
territorial scope and guarantee that Kingsoft shall not suffer losses or bear
any liability thereby.
8. Limited Liability
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS, IN NO EVENT WILL
KINGSOFT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR
RESELLERS (COLLECTIVELY, THE "KINGSOFT ") BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, DIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR ANY OTHER DAMAGES
ARISING OUT OF OR IN ANY WAY RELATING TO USING OR NON-USING THE PRODUCT,
INCLUDING, BUT NOT LIMITED TO DAMAGES CAUSED BY PERSONAL INJURIES OR PROPERTY
LOSSES, DAMAGES CAUSED BY LOST PROFITS, LOST DATA, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION OR LOST COMMERCIAL INFORMATION, DAMAGES CUASED BY
DISCLOSURE OF PRIVACY DUE TO FAILURE TO PERFORM GOOD-WILL OR PROPER CARE OR
ANY OTHER LIABILITY, DAMAGES CAUSE BY NEGLIGENCE, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY
(CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE
KINGSOFT’S ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THE AGREEMENT,
AND THE COMPENSATION YOU MAY HAVE SHALL NOT EXCEED IN THE AGGREGATE SUM OF THE
REASONABLE FEES (IF ANY) YOU PAID FOR the “Product” STIPULATED IN THE
AGREEMENT. ADDITIONALLY, KINGSOFT SHALL NOT BE LIABLE FOR ANY CLAIMS OR
DAMAGES ARISING OUT OF CONTENT PROVIDED BY LICENSEEOR A THIRD PARTY THAT IS
ACCESSED THROUGH OR USED WITH the “Product” AND/OR ANY MATERIAL LINKED THROUGH
SUCH CONTENT.
9. Termination of License
1) Kingsoft is entitled to terminate the Agreement at any time, if any terms
or conditions in the Agreement are violated. Upon the termination, you shall
destroy or return to Kingsoft all the copies and all the associated documents
and printed materials of the “Product”.
2) Provided that Kingsoft offers you any replaced, revised and/or upgraded
edition of the “Product” attached with a replacement of the Agreement which
stipulates that you can use the replaced, revised and/or upgraded edition of
the “Product” under the condition that you accept the replacement of the
Agreement, Kingsoft may terminate the original EULA.
3) Kingsoft is entitled to modify the policy concerning the “Product” and the
content of the Agreement by issuing an announcement on the official website of
the “Product” (http://www.wps.cn/privacy/unixdistribute) fifteen (15) natural
days in advance, including without limitation adding restrictions to the
license, modifying or deleting the licensed way of use, altering the
authorized territorial scope, reducing functions, setting service time,
licensing termination, etc.
10. The execution, application, interpretation and resolution of disputes with
respect to the Agreement shall be governed by the laws of the P.R.C. All
disputes arising out of or in connection with the performance of the Agreement
shall be resolved through friendly negotiation between parties. Any dispute,
if failed to be solved by the above consultation, shall be submitted to the
people’s court having jurisdiction in the place where Kingosft has its
domicile.
11. Important Notice:
The copyright of all Founder Fonts (“Founder Fonts”) included in the “Product”
belongs to Beijing Founder Electronics Co., Ltd. (“Founder”). Except
distributing the Founder Fonts as a part of the “Product” according to the
Agreement, you shall not use Founder Fonts in any other form. Otherwise, you
shall bear full legal responsibility for Founder and right owners of Founder
Fonts independently and directly; Kingsoft does not undertake any
responsibility. You recognize that you have the responsibility to inform end
users when distributing the “Product” to end users through your community
according to the Agreement that the end users are only allowed to use the
Founder Fonts of the “Product” in office applications (i.e. use the Founder
Fonts only in the “Product” for merely screen display and printing) when they
get the legal license of the “Product” according to Kingsoft EULA. If end
users need to use Founder Fonts beyond the authorized scope in the above-
mentioned term, end users shall negotiate with Founder, copyright owner of
Fonder Fonts, separately and get the license from Founder. Any violation of
intellectual property right of Founder Fonts by end users has no concern with
Kingsoft. Kingsoft thereby shall not bear any responsibility for guarantee and
joint responsibility. End users shall bear full legal responsibility for
Founder and other right owners of Founder Fonts independently and directly.
Admission
You acknowledge that you have now read and understood the Agreement and have
expressly agreed to be bound by all the terms and conditions of it.
Regards,
Felix Yan
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