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raspbian-addons / raspbian-addons

Install automatically-updated extra open-source software on your Raspberry Pi, using Debian APT
https://raspbian-addons.org/
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[Package submission]: ExaGear Desktop #127

Closed ryanfortner closed 2 years ago

ryanfortner commented 2 years ago

Package description

ExaGear Desktop is a discontinued x86 emulator for ARM.

Licensing

The company which originally released the software, Eltechs, is now gone and the product has been discontinued.

Packages

Instructions for installing can be found here: https://github.com/ryanfortner/exagear-rpi

as well as the debs and needed files here: https://dl.insrt.uk/mirror/exagear/

Notice

I am not sure if ExaGear Desktop can be distributed, since it was discontinued, but I am opening this issue in case someone comes along with additional information.

If ExaGear can be distributed, I will add it to the repository.

See this pi-apps issue: https://github.com/Botspot/pi-apps/issues/1051

Crilum commented 2 years ago

@ryanfortner I think it's probably alright to distribute it, but Huawei's (the new owner of ExaGear) EULA states that ExaGear is not legal for use on computers that do not have Huawei Kunpeng processors..

ryanfortner commented 2 years ago

@ryanfortner I think it's probably alright to distribute it, but Huawei's (the new owner of ExaGear) EULA states that ExaGear is not legal for use on computers that do not have Huawei Kunpeng processors..

@Crilum is there some sort of document saying that Huawei owns the software? if so where could I find it?

Crilum commented 2 years ago

Not sure egzactly where the EULA can be found, but this is the Huawei support page for it: https://support.huaweicloud.com/intl/en-us/ug-exagear-kunpengdevps/kunpengexagear_06_0001.html

ryanfortner commented 2 years ago

I think I'm going to hold off on adding exagear for now.

ryanfortner commented 2 years ago

Here is the EULA that comes with exagear.

ELTECHS END USER LICENSE AGREEMENT

IMPORTANT NOTE: BY CLICKING .I AGREE., DOWNLOADING, INSTALLING OR USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS END USER LICENSE AGREEMENT (.EULA.). IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MUST NOT CLICK .I AGREE., DOWNLOAD, INSTALL, OR USE THE SOFTWARE.

1. DEFINITIONS.
(a) .Documentation. means that documentation that is generally provided to You by Eltechs with the Software and which may include end user manuals, installation guides, release notes, and on-line help regarding the use of the Software.
(b) .Eltechs. means .Elbrus Technologies. LLC, a Russian company.
(c) .Intellectual Property Rights. means all intellectual property rights, including, without limitation, patent, copyright, trademark, and trade secret, recognized in any jurisdiction worldwide, whether perfected or not, and any similar and other proprietary rights.
(d) .License. means a license granted under Section 2 (a).
(e) .License Key. means a license key file that enables You to activate and use the Software.
(f) .License Term. means the duration of a License as specified in the Order.
(g) .License Type. means the type of License applicable to the Software, as more fully described in the Order.
(h) "Open Source Software" means code that is provided with the Software and identified as open source code or otherwise as being subject to open source license terms.
(i) .Order. means a purchase order, enterprise license agreement, or other ordering document issued by You to Eltechs or a Eltechs authorized reseller. 
(j) .Software. means the Eltechs computer programs to which You acquire a license under an Order.
(k) .Third Party Agent. means a third party delivering information technology services to You pursuant to a written contract with You.

2. LICENSE GRANT, USE AND OWNERSHIP
(a) Scope of License. Subject to the terms and conditions of this EULA, Eltechs grants You, during the License Term, a non-exclusive, non-transferable License to use the Software, in executable code form only for Your internal operations in accordance with (i) the Documentation; (ii) the License Type for which You have paid the applicable fees; (iii) other applicable limitations set forth in the Order. The License to the Software is limited to the quantities specified in each applicable Order.
(b) Third Party Use. Under the License granted to You in Section 2 (a) above, You may permit Your Third Party Agents to access, use and/or operate the Software on Your behalf for the sole purpose of delivering services to You, provided that You will be fully responsible for Your Third Party Agents. compliance with terms and conditions of this EULA and any breach of this EULA by a Third Party Agent shall be deemed to be a breach by You.
(c) Permitted Copies. You may make one copy of the Software for archival purposes only. The copy shall: (i) be kept within Your possession or control; (ii) include all titles, trademarks, and copyright and restricted rights notices in the original; and (iii) be subject to this EULA. You may not otherwise copy the Software without Eltechs.s prior written consent.
(d) Support and Maintenance Services; Updates. Eltechs will not provide any support or maintenance services under this EULA.  You acknowledge that Eltechs has no express or implied obligation to announce or make available any updates, enhancements, modifications, revisions, or additions to the Software and that this EULA does not give you any rights in or to any of the foregoing.   
(e) Open Source Software. Notwithstanding anything herein, Except Section 4, any Open Source Software accompanying the Software is provided under the terms of the open source license agreement or copyright notice accompanying such Open Source Software or in the open_source_licenses.txt file accompanying the Software.
(f) Restrictions. You acknowledge that the Software and the structure, organization and source code of the Software constitute valuable trade secrets of Eltechs.  Accordingly, except as expressly permitted in this EULA or as otherwise authorized by Eltechs in writing, You will not and will not permit any third party to: (i) sell, lease, license, distribute, sublicense or otherwise transfer in whole or in part the Software or Documentation to any third party; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software, in whole or in part; (iii) copy the Software, except for archival purposes, as set out in Section 2 (c); (iv) create, develop, license, install, use, or deploy any software or services to circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions of the Software as described in this EULA; (v) translate, modify or create derivative works based upon the Software; (vi) permit any use of or access to the Software by any third party; (vii) remove any product identification, proprietary, copyright or other notices contained in the Software; or (viii) operate the Software on behalf of or for the benefit of any third party, including the operation of any service that is accessed by a third party.
(g) Ownership. The Software and Documentation, all copies and portions thereof, and all improvements, enhancements, modifications and derivative works thereof, and all Intellectual Property Rights therein, are and shall remain the sole and exclusive property of Eltechs and its licensors. Your rights to use the Software and Documentation shall be limited to those expressly granted in this EULA.  No other rights with respect to the Software or any related Intellectual Property Rights are implied.  You are not authorized to use (and shall not permit any third party to use) the Software, Documentation or any portion thereof except as expressly authorized by this EULA.

3. TERM AND TERMINATION
This EULA is effective upon your acceptance of the EULA, or upon your downloading, installing, accessing, and using the Software, even if you have not expressly accepted this EULA. This EULA shall continue in effect until expiration or termination as provided herein.  Term-based licenses terminate upon the expiration of the prepaid term, unless you have paid all applicable fees to extend the term.  Without prejudice to any other rights, this EULA will terminate automatically without notice to you if you breach or fail to comply with any of the limitations or other requirements described herein, including the payment of any applicable fees, and you agree that in any such case Eltechs may, in addition to any other remedies it may have at law or in equity, remotely disable the Software. You may terminate this EULA at any time by providing written notice of your decision to terminate the EULA to Eltechs and ceasing use of the Software and Documentation.  Upon any termination or expiration of the EULA for any reason, you agree to uninstall the Software and destroy the Software, Documentation, all copies thereof, and all license keys that you have obtained and provide written verification of such destruction to Eltechs.

4. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
(a) WARRANTY DISCLAIMER. THE SOFTWARE AND DOCUMENTATION ARE LICENSED .AS IS,. AND ELTECHS DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE FULLEST EXTENT AUTHORIZED BY LAW.  ELTECHS DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED OR THAT THE PACKAGE WILL BE COMPATIBLE WITH FUTURE ELTECHS PRODUCTS, OR THAT ANY INFORMATION STORED OR TRANSMITTED THROUGH THE SOFTWARE WILL NOT BE LOST, CORRUPTED OR DESTROYED. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE SOFTWARE. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SOFTWARE.
(b)  LIMITATION OF LIABILITY. ELTECHS CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THIS EULA, OR INSTALLATION OR USE OF THE SOFTWARE SHALL NOT EXCEED THE AMOUNT OF LICENSE FEES PAID TO ELTECHS BY YOU UNDER THIS EULA. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL ELTECHS BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF ELTECHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. OTHER PROVISIONS
(a)  Governing Law, Injunctive Relief and Legal Costs.  
(aa) Choice of Law. This EULA and any dispute arising out of or related to this EULA or the Software ("Dispute") will be governed by Delaware law, without regard to its choice of law principles. For purposes of this EULA, the parties acknowledge and agree that Eltechs is the proponent of this EULA and of the transaction embodied herein.
(bb) Injunctive Relief.  Either party may, at its sole discretion, seek preliminary judicial relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief). 
(cc) Legal Costs.  If it is necessary for either party to retain the services of an attorney or attorneys to enforce the terms of this EULA or to file an action to enforce any of the terms, conditions or rights contained herein, or to defend any action, then the prevailing party in any such action will be entitled to recover from the other party its reasonable fees for attorneys and expert witnesses, plus such court costs and expenses as may be fixed by any court of competent jurisdiction.
(b) Indemnification. You will, at your own expense, indemnify and hold Eltechs, and all officers, directors, and employees thereof, harmless from and against any and all claims, actions, liabilities, losses, damages, judgments, grants, costs, and expenses, including reasonable attorneys. fees, arising out of any use of the Software by you, any party related to you, or any party acting upon your authorization in a manner that is not expressly authorized by this EULA.
(c) Severability. In the event any of the terms and conditions hereof shall contradict with any mandatory or restrictive provisions of the applicable laws at any time and thereby becomes invalid or unenforceable, such invalidity or unenforceability shall not affect the validity and enforceability of the other terms and conditions of this EULA, which shall thereafter be construed in all respects as if such invalid or unenforceable provisions were omitted, provided that no party is, as a result thereof, deprived of the enjoyment of its substantial benefits under this EULA.
(d) Waivers. The waivers, express or implied, by any of the parties to this EULA of any right hereunder or of any failure to perform, or of any breach by any other party or parties shall not constitute or be deemed as a waiver of such provision(s) granting such right or requiring such performance, or of the right of such party to thereafter enforce each and every such provision, or to enforce any other right hereunder. Any specific right or remedy contained in this EULA shall not be exclusive but shall be cumulative upon all allowable under applicable law.
(f) Contact information. If you have any questions about this EULA, or if you want to contact Eltechs for any reason, please email support@eltechs.com or visit our website www.eltechs.com or visit our technical forum forum.eltechs.com.
hmsjy2017 commented 2 years ago

@ryanfortner It can be seen from the EULA that ExaGear is a non-free software that is not allowed to be distributed. So we cannot add it.