[gentoo-commits] repo/proj/guru:dev commit in: licenses/, app-benchmarks/occt-bin/, app-benchmarks/occt-bin/files/

[gentoo-commits] repo/proj/guru:dev commit in: licenses/, app-benchmarks/occt-bin/, app-benchmarks/occt-bin/files/

[undefined.behavior]

commit:     81209a9d4a71b23f354c051c569a762a339e6fde
Author:     undefined.behavior <bugs.gentoo <AT> igrek <DOT> fastem <DOT> com>
AuthorDate: Mon Apr 28 22:26:14 2025 +0000
Commit:     undefined.behavior <bugs.gentoo <AT> igrek <DOT> fastem <DOT> com>
CommitDate: Tue Apr 29 00:38:53 2025 +0000
URL:        https://gitweb.gentoo.org/repo/proj/guru.git/commit/?id=81209a9d

app-benchmarks/occt-bin: new package, add 14.0.8

Signed-off-by: undefined.behavior <bugs.gentoo <AT> igrek.fastem.com>

 app-benchmarks/occt-bin/Manifest                   |   1 +
 .../occt-bin/files/90-occt-msr-access.rules        |   1 +
 app-benchmarks/occt-bin/files/occt.desktop         |  13 +
 app-benchmarks/occt-bin/files/occt.png             | Bin 0 -> 2911 bytes
 app-benchmarks/occt-bin/metadata.xml               |  11 +
 app-benchmarks/occt-bin/occt-bin-14.0.8.ebuild     |  61 ++
 licenses/OCBASE-EULA                               | 674 +++++++++++++++++++++
 7 files changed, 761 insertions(+)

diff --git a/app-benchmarks/occt-bin/Manifest b/app-benchmarks/occt-bin/Manifest
new file mode 100644
index 000000000..9b1cf043d
--- /dev/null
+++ b/app-benchmarks/occt-bin/Manifest
@@ -0,0 +1 @@
+DIST occt-bin-14.0.8.bin 274437356 BLAKE2B d6331cf2bd186f0a3a3d77148e1015cb87d37c5012875df12f6b7ae78ac44e6066b68816b15b27f611ca3f2eb7ee471a48d83b0e416d02ff9a5cb2598d2bac2b SHA512 4a2d965abf9d789b1958ac830bc8e092624544b15232eda7d44a8c258a1d9763bce06e31b31cd0b2325951e6bc7115ae7e6c513ab2a7cc9bc876c3cee9d7b3e9

diff --git a/app-benchmarks/occt-bin/files/90-occt-msr-access.rules b/app-benchmarks/occt-bin/files/90-occt-msr-access.rules
new file mode 100644
index 000000000..99a2e40ab
--- /dev/null
+++ b/app-benchmarks/occt-bin/files/90-occt-msr-access.rules
@@ -0,0 +1 @@
+ACTION=="add", SUBSYSTEM=="msr", MODE="0666"

diff --git a/app-benchmarks/occt-bin/files/occt.desktop b/app-benchmarks/occt-bin/files/occt.desktop
new file mode 100644
index 000000000..1674d527f
--- /dev/null
+++ b/app-benchmarks/occt-bin/files/occt.desktop
@@ -0,0 +1,13 @@
+[Desktop Entry]
+Name=OCCT
+GenericName=OCCT Stability Test
+Categories=System;Monitor;
+Comment=Free, all-in-one stability, stress test, benchmark and monitoring tool for your PC
+Keywords=cpu;memory;gpu;stress;stability;vram;monitor;
+Exec=/opt/occt/occt
+Path=/opt/occt
+Icon=occt
+SingleMainWindow=true
+StartupWMClass=OCCT
+Terminal=false
+Type=Application

diff --git a/app-benchmarks/occt-bin/files/occt.png b/app-benchmarks/occt-bin/files/occt.png
new file mode 100644
index 000000000..7e6e55225
Binary files /dev/null and b/app-benchmarks/occt-bin/files/occt.png differ

diff --git a/app-benchmarks/occt-bin/metadata.xml b/app-benchmarks/occt-bin/metadata.xml
new file mode 100644
index 000000000..c6192e64b
--- /dev/null
+++ b/app-benchmarks/occt-bin/metadata.xml
@@ -0,0 +1,11 @@
+<?xml version="1.0" encoding="UTF-8"?>
+<!DOCTYPE pkgmetadata SYSTEM "https://www.gentoo.org/dtd/metadata.dtd">
+<pkgmetadata>
+	<maintainer type="person">
+		<name>undefined.behavior</name>
+		<email>bugs.gentoo@igrek.fastem.com</email>
+	</maintainer>
+	<use>
+		<flag name="msr-user-access">Allow non-root access to /dev/cpu/*/msr to read CPU power/voltage</flag>
+	</use>
+</pkgmetadata>

diff --git a/app-benchmarks/occt-bin/occt-bin-14.0.8.ebuild b/app-benchmarks/occt-bin/occt-bin-14.0.8.ebuild
new file mode 100644
index 000000000..ae6e6c85e
--- /dev/null
+++ b/app-benchmarks/occt-bin/occt-bin-14.0.8.ebuild
@@ -0,0 +1,61 @@
+# Copyright 2025 Gentoo Authors
+# Distributed under the terms of the GNU General Public License v2
+
+EAPI=8
+
+inherit desktop fcaps wrapper xdg udev
+
+DESCRIPTION="All-in-one stability, stress test, benchmark and monitoring tool"
+HOMEPAGE="https://www.ocbase.com"
+
+SRC_URI="https://www.ocbase.com/download/edition:Personal/os:Linux/version:${PV} -> ${P}.bin"
+S="${WORKDIR}"
+
+LICENSE="OCBASE-EULA"
+SLOT="0"
+KEYWORDS="~amd64"
+IUSE="msr-user-access"
+RESTRICT="bindist mirror strip"
+
+src_unpack() {
+	cp "${DISTDIR}"/"${P}".bin ./
+}
+
+src_install() {
+	newicon -s 256 "${FILESDIR}"/occt.png occt.png
+
+	insinto /opt/occt
+
+	newins "${P}".bin occt
+
+	# Disable automatic updates
+	touch "${ED}"/opt/occt/disable_update
+
+	# Don't use binary path as the config location
+	touch "${ED}"/opt/occt/use_home_config
+
+	fperms +x /opt/occt/occt
+
+	domenu "${FILESDIR}"/occt.desktop
+
+	make_wrapper occt /opt/occt/occt
+
+	use msr-user-access && udev_dorules "${FILESDIR}/90-occt-msr-access.rules"
+}
+
+pkg_postinst() {
+	# Allow benchmarks to run with higher priority
+	fcaps cap_sys_nice opt/occt/occt
+
+	# Allow /dev/cpu/*/msr access
+	fcaps cap_sys_rawio opt/occt/occt
+
+	# Apply the udev rules
+	use msr-user-access && udev_reload && udevadm trigger --action=add --subsystem-match=msr
+
+	einfo ""
+	einfo "If you have a license, you need to copy it into the OCCT config directory:"
+	einfo ""
+	einfo "  mkdir -p ~/.config/occt && cp license.okl ~/.config/occt/"
+	einfo ""
+}

diff --git a/licenses/OCBASE-EULA b/licenses/OCBASE-EULA
new file mode 100644
index 000000000..c35547662
--- /dev/null
+++ b/licenses/OCBASE-EULA
@@ -0,0 +1,674 @@
+END-USER LICENSE AGREEMENT (EULA)
+
+Please read this End User License Agreement (“Agreement”) carefully before
+downloading or using the OCCT software (“OCCT” or the “Software”).
+
+This End User License Agreement (this “Agreement”) is a legal and
+binding contract between you, either individually or on behalf of the
+legal entity that accepts this Agreement (“You” or the “Licensee”) and
+OCBASE, a French limited liability company (société à responsabilité
+limitée), registered under number 892 745 209 at the RCS of Douai whose
+registered office is located at Hôtel d’Entreprises de Douai Dorignies,
+709 rue Jean Perrin, 59500 Douai, France (“OCBASE”).
+
+In case You are entering into this Agreement on behalf of a legal
+entity, You hereby represent that You have the authority to bind such
+legal entity and its affiliates to this Agreement.
+
+By paying the license fee, subscribing an Order Form, downloading or
+using OCCT, You indicate your acceptance and understanding of this
+Agreement which becomes effective as soon as You subscribe an Order
+Form, You download or use OCCT (the “Effective Date”).
+
+In case You do not agree to all of the terms and conditions of this
+Agreement, You may not access, download, install or use the Software,
+and, to the extent applicable, You must cease all use of the Software
+and destroy all copies of the Software and Documentation in your
+possession.
+
+I. DEFINITIONS
+
+Documentation : Means the official user documentation provided by OCBASE
+and available on its Website regarding the use or updates of the
+Software.
+
+Licenses : Means the Free License and the Premium Licenses as further
+defined under Section 2.1.
+
+Order Form : Means the applicable document entered into between the
+Licensee and OCBASE for the Premium Licenses versions of the Software as
+mentioned on OCBASE Website.
+
+Patreon : Means the American company membership platform located at 600
+Townsend Street, Suite 500, San Francisco, CA 94103 through which the
+Licensee (when the Licensee is a natural person) subscribes to a Premium
+License.
+
+Personal Data : Means any information relating to an identified or
+identifiable natural person.
+
+SaaS Services : means the OCBASE online platform service that utilizes
+the Software on a hosted basis.
+
+Software : means the compiled versions of OCCT software edited and
+provided by OCBASE under this Agreement, and any updates, upgrades, or
+enhancements thereto provided to You by OCBASE. For the avoidance of
+doubt, all references in this Agreement to Software include the SaaS
+Service.
+
+Term : means the period of time beginning on the Effective Date and
+ending on the later of the expiration or termination of the subscription
+set forth in the Order Form (as renewed in accordance with the terms of
+the Order Form or otherwise by written agreement of the parties), or the
+last date on which You access and/or use the Software or SaaS Service.
+
+Third-Party Products : means the open source or third-party software
+licensed by OCBASE and incorporated into and/or distributed as part of
+the Software.
+
+User(s) : Means an individual authorized by You to use the Software and
+Documentation in accordance with the terms of the license. If You are a
+legal entity, Users may only include your employees and contractors.
+
+Website : Means the OCBASE site web located at www.ocbase.com, and all
+associated sites linked to www.ocbase.com by OCBASE. The Website is the
+property of OCBASE.
+
+II. LICENSE
+
+2.1. Scope of the License.
+
+This Agreement is intended to govern the dual license that may be
+granted to the Licensee:
+
+- a free license to use the Software for your personal use only to the
+exclusion of any commercial purposes in any form whatsoever, strictly in
+accordance with the terms of this Agreement (hereinafter: the “Free
+License”).
+
+In the event that the Licensee wishes to use the Software for commercial
+purposes, the Licensee undertakes to comply with the provisions
+applicable to the Premium License. The Licensee hereby acknowledges that
+any unauthorized commercial use can be subject to legal prosecution.
+
+- a paid license to use the Software for the purposes of using the
+Software in the context of the Licensee’s commercial activity
+(hereinafter: the “Premium License”). This license is subscribed through
+PATREON or directly with OCBASE.
+
+2.2. License grants.
+
+Subject to the terms defined below and the License subscribed as further
+defined in the Order Form, OCBASE hereby grants You, during the Term, a
+worldwide revocable, non-exclusive, personal, non-sublicensable,
+non-transferable, limited right to:
+
+- (i) download, install and use OCCT,
+
+- (ii) access and use the Software through the SaaS Service;
+
+- (iii) copy OCCT to make a backup copy.
+
+2.3. Proprietary rights.
+
+The Software is licensed to You, You do not acquire any rights of
+ownership in the Software nor the Documentation. All worldwide ownership
+of, and all right, title, and interest in and to the Software and the
+Documentation, and all copies and portions thereof, including, but not
+limited to, all copyrights, patent rights, trademark rights, trade
+secret rights, inventions, and other proprietary rights therein and
+thereto, are and shall remain exclusively in OCBASE or its licensors.
+The only rights You acquire under this Agreement are those which are
+expressly stated in this Agreement.
+
+2.4. Database.
+
+You recognize that:
+
+- OCBASE’s databases constitute intellectual creations which are
+protected by copyright under article L.112-3 of the French Intellectual
+Property Code, regarding the choice and arrangement of their contents,
+and over which OCBASE holds all intellectual property rights.
+
+- OCBASE is a "database producer" within the meaning of Article L.341-1
+of the French Intellectual Property Code and is protected by sui generis
+protection prohibiting the extraction and/or re-use of all or part of
+its database.
+
+2.5. Usage limits.
+
+Once acquired, the Software may be used - (i) for the “free” and
+“personal” versions, by the Licensee, or anyone whose residence is
+within the Licensee’s household; - (ii) for the “Pro” and “Enterprise”
+versions, by Users on an unlimited number of computers, as long as the
+latter are used by an employee or a contractor of the Licensee.
+
+2.6. Restrictions.
+
+Except as expressly permitted in Sections 2.1 and 2.2, You agree not to,
+and You will not permit Users to:
+
+(i) modify, translate, reverse engineer, decompile, disassemble, make
+derivative works of, attempt to reconstruct, identify or otherwise
+derive any source code underlying ideas, underlying user interface
+techniques or algorithms of the Software or Documentation, in whole or
+in part, by any means whatever, or disclose any of the foregoing, except
+as specifically authorized in this Agreement;
+
+(ii) 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;
+
+(iii) extract all or part of OCBASE’s database;
+
+(iv) use the Software for development or any other non-intended purpose;
+
+(v) license, sell, resell, rent, lease, or otherwise distribute the
+Software or Documentation as well as OCBASE’s database, in whole or in
+part;
+
+(vi) assign, sublicense, rent, or otherwise transfer your access and use
+rights to the Software under this Agreement without the prior written
+approval of OCBASE;
+
+(vii) copy, reproduce, republish, upload, post, or transmit the Software
+or its Documentation as well as OCBASE’s database;
+
+(viii) Hack into the computer system or SaaS Services of OCBASE, of a
+third-party using SaaS Services or any activity aimed to harm, control,
+interfere or intercept all or part of OCBASE or of a third party’s
+computer system, violating its integrity or its security;
+
+(ix) Assisting or encouraging, in any manner or form whatsoever, the
+carrying out of one or several of the actions or activities described
+above;
+
+(x) use the Software if You are a competitor of OCBASE or for purposes
+of monitoring the Software’s performance, functionality, or availability
+or for any other benchmarking or competitive purposes.
+
+III. LICENSEES’ OBLIGATIONS
+
+3.1. Compliance.
+
+You are solely responsible for your and the Users’ compliance with this
+Agreement and all laws and regulations applicable to the use of the
+Software. If You become aware of any non-compliance with the foregoing
+by yourself or any Users, You shall immediately report the
+non-compliance to OCBASE and cure and remedy the non-compliance to the
+extent feasible.
+
+3.2. Equipment and security.
+
+You are solely responsible for the safekeeping and confidentiality of
+your and the Users’ usernames and passwords. You are solely responsible
+for acquiring and maintaining any equipment needed to connect to,
+access, or otherwise use the Software and SaaS Services, including, but
+not limited to, hardware, software, and internet service, and for
+ensuring that such equipment and ancillary services are compatible with
+the Software.
+
+3.3. Activities.
+
+You are solely responsible for your and the Users’ activities in or as a
+result of using the Software, including, but not limited to: (i) any
+misuse of the Software; (ii) the information, data, and content entered
+into the Software or otherwise made available to OCBASE ; (iii) the
+information, data, and content accessed through the Software or
+otherwise made available to OCBASE, its effects, any actions taken in
+response thereto, and any interpretations thereof; and (iv) the
+accuracy, quality, integrity, legality, reliability, appropriateness,
+and copyright of all information, data, and content that You or the
+Users allow the Software to access or otherwise make available to
+OCBASE. You will provide any notices and obtain any consents that may be
+legally required for OCBASE to engage in the activities contemplated by
+this Agreement.
+
+3.4. Export control laws.
+
+The Licensee acknowledges that the Software and Documentation may be
+subject to export control laws and regulations of France and possibly
+those of the jurisdictions in which they are accessed, used, or
+obtained. You or the Users shall abide by all applicable export control
+laws, rules, and regulations applicable to the Software and
+Documentation. You represent that You and the Users are not located in,
+under the control of, nor a resident of any country, person, or entity
+prohibited to receive the Software or Documentation due to export
+restrictions, and that You and the Users will not export, re-export,
+transfer, or permit the use of the Software or Documentation, in whole
+or in part, to or in any such countries.
+
+3.5. Third-Party Products.
+
+If any Third-Party Products are embedded or incorporated in the
+Software, You acknowledge and understand that these products may be
+governed by their own license terms. A list of the Third-Party Products
+may be found in the Documentation.
+
+3.6. Fees and payment.
+
+Fees shall be due and payable as set forth on the Order Form or on the
+Website for the Premium License and as otherwise required under this
+Agreement. Failure to pay fees on time may result in the termination of
+this Agreement and/or the suspension of your or the Users’ access to and
+use of the Software as described in Section « Term and Termination ». In
+addition, for any past due amount, OCBASE may charge interest per month
+equal to three times the French legal interest rate and a flat-rate
+indemnity of €40 for recovery costs. Except as expressly set forth
+herein or in the Order Form, all Fees paid or payable are
+non-cancellable and non-refundable to the maximum extent permitted by
+law.
+
+3.7. Disputed fees.
+
+If You believe that any invoice for fees is in error, You must notify
+OCBASE in writing of such error within 25 days of your receipt of such
+invoice. Failure to provide such notice shall constitute your waiver of
+your right to dispute the invoice. If appropriate, OCBASE shall rectify
+the error by reducing the amount of the next invoice following the
+parties’ resolution of such error, or by any other means agreed between
+the parties.
+
+3.8. Taxes.
+
+All fees are exclusive of taxes. You are responsible for paying all
+taxes. As used in this section, “taxes” include any sales, use, or other
+similar taxes (other than taxes on OCBASE’s income), as well as any
+export and import fees, customs duties, or similar charges applicable to
+the transactions contemplated by this Agreement that are imposed by a
+government or other authority.
+
+IV. MAINTENANCE
+
+You are hereby informed that OCBASE may carry out any type of
+maintenance that renders the Software unusable. You are aware that some
+new content may be reserved for “Pro” and “Enterprise” versions and may
+incur additional costs.
+
+V. WARRANTIES AND DISCLAIMERS
+
+5.1. OCBASE does not warrant that the Software is error-free, that the
+Software and SaaS Services will operate without interruption, that the
+Software will be compatible with the Licensee’s products, equipment and
+software configuration or that it will meet the Licensee’s requirements.
+
+5.2. OCBASE (including its directors, officers, employees, contractors,
+agents, affiliates, and successors) shall not be liable in any manner
+for any damages resulting from your failure to fulfil your
+responsibilities under this Agreement, including, but not limited to,
+damages resulting from any misuse of the Software or any deletion,
+destruction, loss, or unauthorized access to the data stored therein.
+
+5.3. OCBASE shall not be held liable for all defects for which it is not
+directly responsible and more generally where the Software and/or SaaS
+Services have been altered, changed or improperly used by the Licensee.
+
+5.4. Further, the warranties set forth in this Section do not apply if
+(i) the Software has not been used in accordance with the terms and
+conditions of this Agreement, the Documentation, or applicable laws;
+(ii) the Software has been used for a purpose or application for which
+it was not intended; (iii) the breach is a result of any act or omission
+by You or any third party (including, but not limited to, alteration,
+abuse, or damage) or by the use of any materials supplied by You or any
+third party; (iv) the breach has been caused by your failure to apply
+updates or upgrades, or to comply with any recommendation or instruction
+of OCBASE; or (v) the breach results from any cause outside of OCBASE’s
+reasonable control.
+
+5.5. OCBASE shall not be held responsible for any damage which is not
+incurred by a malfunction of the Technology, in particular all
+difficulties arising from the Licensee’s infrastructure, products,
+personnel, materials or software.
+
+5.6. OCBASE warrants that the Software operates substantially in
+accordance with the specifications set forth in the Documentation.
+Except for the Free License pursuant to which OCBASE shall have no
+obligation to correct any errors, if You notify OCBASE in writing of a
+malfunction of the Software, then (i) OCBASE shall make its best efforts
+to correct any error in the Software within a reasonable time ; or (ii)
+if OCBASE determines that such correction is not feasible, You may
+terminate this Agreement on written notice to OCBASE, and You will be
+entitled to a refund of any pre-paid fees pro rata temporis. The
+foregoing options constitute OCBASE’s entire liability and your sole
+remedy in the event of a breach of the foregoing warranties.
+
+5.7. Warranty disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH
+ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE AND
+DOCUMENTATION ARE PROVIDED AND LICENSED “AS IS” AND “AS AVAILABLE,”
+WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY,
+AND OCBASE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES,
+INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A
+PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. YOU EXPRESSLY
+ACKNOWLEDGE THAT THE SOFTWARE AND DOCUMENTATION MAY CONTAIN TECHNICAL
+INACCURACIES OR TYPOGRAPHICAL ERRORS. NO EMPLOYEE, CONTRACTOR, AGENT,
+AFFILIATE, REPRESENTATIVE, RESELLER, DEALER, OR DISTRIBUTOR OF OCBASE IS
+AUTHORIZED TO MODIFY THESE WARRANTY TERMS OR TO MAKE ANY ADDITIONAL
+WARRANTIES. BECAUSE SOME STATES OR COUNTRY DO NOT ALLOW THE EXCLUSION OF
+IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
+
+VI. LIMITATION OF LIABILITY
+
+No special damages.
+
+NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, AND TO THE
+MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OCBASE (INCLUDING ITS
+DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND
+SUCCESSORS) BE LIABLE TO YOU OR THE USERS FOR ANY SPECIAL, INDIRECT,
+NON-COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, STATUTORY, OR PUNITIVE
+DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE RELATED TO
+LOSS OR PRIVACY OF DATA OR PROGRAMS, BUSINESS INTERRUPTIONS, OR LOST
+PROFITS OR REVENUE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN
+CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE,
+EVEN IF OCBASE IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
+BECAUSE SOME STATES OR COUNTRY DO NOT ALLOW THE EXCLUSION OF THE
+FOREGOING DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
+
+Damages cap.
+
+NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EXCEPT FOR
+THE OBLIGATIONS IN SECTION « INDEMNIFICATION », IN NO EVENT SHALL OCBASE
+(INCLUDING ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS,
+AFFILIATES, AND SUCCESSORS) BE LIABLE TO YOU OR THE USERS IN RELATION TO
+THE SOFTWARE, DOCUMENTATION, OR THIS AGREEMENT IN AN AGGREGATE AMOUNT
+EQUAL TO THE AMOUNT OF FEES PAID OR PAYABLE BY YOU DURING THE 12 MONTHS
+PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE PARTIES ACKNOWLEDGE
+AND AGREE THAT THEY HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF
+RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN
+ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
+
+VII. INDEMNIFICATION
+
+Indemnification by OCBASE.
+
+OCBASE shall indemnify, defend, and hold You harmless from and against
+any and all claims, demands, losses, liabilities and costs (including,
+but not limited to, reasonable attorney’s fees and costs) arising from
+OCBASE’s willful misconduct or fraud. The foregoing obligations do not
+apply (i) with respect to Software or components thereof which have been
+(a) supplied other than by OCBASE (including third-party Products), (b)
+modified in whole or in part in accordance to your specifications, (c)
+modified by You or the Users after delivery by OCBASE, or (d) combined
+with other products, processes, or materials where the alleged
+infringement relates to such combination; (ii) where You continue the
+allegedly infringing activity after being notified thereof or after
+being informed of modifications that would have avoided the alleged
+infringement; or (iii) where the use of the Software by You or the Users
+is not strictly in accordance with this Agreement or the Documentation.
+
+Indemnification by Licensee.
+
+You shall indemnify, defend (through use of counsel acceptable to
+OCBASE), and hold harmless OCBASE (including its directors, officers,
+employees, contractors, agents, affiliates and successors) from and
+against any and all claims, demands, losses, liabilities, and costs
+(including, but not limited to, reasonable attorney’s fees and costs)
+arising from your or the User’s (i) breach of this Agreement or
+violation of applicable law ; (ii) installation, use, or misuse of, or
+failure to prevent unauthorized access to, the Software or the data
+stored therein ; (iii) infringement of third-party intellectual property
+rights (except to the extent directly resulting from the use of the
+Software by You, the Users or Clients) or violation of third-party
+privacy rights; and (iv) willful misconduct or fraud.
+
+Indemnification procedure.
+
+The obligations in this section are subject to the indemnifying party
+being promptly notified of any and all threats, claims, and proceedings
+related thereto and given reasonable assistance and the opportunity to
+assume sole control over the defense and all negotiations for a
+settlement or compromise.
+
+VIII. DATA PROTECTION
+
+Compliance.
+
+OCBASE and the Licensee each undertakes, as far as they are concerned,
+to comply with the regulations applicable to Personal Data and in
+particular with law no. 78-17 of January 6, 1978 “Loi Informatique et
+Libertés” as amended, and the provisions of EU Regulation no. 2016/679
+of April 27, 2016 (“GDPR”), together “Applicable Regulations”.
+
+OCBASE acting as Data controller. OCBASE carries out Personal Data
+processing operations as follows:
+
+- Personal data
+
+OCBASE collects Personal Data in relation to the Licensee: last name,
+first name, address, phone number, e-mail, IP address.
+
+- Purpose of the processing
+
+OCBASE collects Personal Data in relation to the Licensee for the
+purposes of tracking, managing, and monitoring subscriptions and access
+to its Software and SaaS Services, in particular but also to ensure the
+management, support, invoicing, and monitoring of services in general.
+
+- Duration of the storage
+
+Personal Data will be kept for as long as is necessary to achieve the
+purpose for which it was collected.
+
+- Processing of Personal Data
+
+In the course of performing its obligations under this Agreement, OCBASE
+shall process personal data under the Agreement in full compliance with
+the instructions provided by the License and with any Applicable
+Regulations.
+
+In that context, OCBASE shall:
+
+(i) process Personal Data exclusively for the purpose of this Agreement;
+
+(ii) have in place appropriate technical and organizational measures to
+protect the Personal Data against accidental or unlawful destruction or
+accidental loss, alteration, unauthorized disclosure or access, and
+which provide a level of security appropriate to the risk represented by
+the processing and the nature of the data to be protected;
+
+(iii) in the event of transfer of Personal Data to any sub-contractor,
+OCBASE will execute a contract with such subcontractor to agree and
+establish all technical and organisational measures to be taken to
+protect Personal Data;
+
+(iv) not cause any cross-border transfer of Personal Data from a country
+situated in the European Economic Area to any country situated outside
+the European Economic Area which is not deemed to have an adequate level
+of protection of Personal Data according to the European Commission.
+
+Should this be the case, OCBASE shall put in place all safeguards as
+required under all Applicable Regulations and in particular shall enter
+into the standard contractual clauses as adopted by EC on 4 June 2021;
+
+(v) report to Licensee all incidents without undue delay that may imply
+a data security breach or the Applicable Regulations have been
+infringed;
+
+(vi) return or destroy all Personal Data upon request from Licensee;
+
+(vii) keep a record of any data processing of Licensee’s Personal Data.
+
+- Rights of the Licensee
+
+In accordance with the Applicable Regulations, You have a right to
+access, query, modify and delete information which concerns You, as well
+as the right to give instructions on the fate of your data after your
+death. You may exercise these rights at any time with OCBASE by
+addressing a request:
+
+- by post to the following address: Hôtel d’Entreprises de Douai
+Dorignies, 709 rue Jean Perrin, 59500 Douai, France;
+
+- or by e-mail to the following address: support@ocbase.com
+
+For security reasons and in order to avoid fraudulent requests, You may
+be required to provide a proof of identity and/or entitlement to
+represent an employee or subcontractor. Once the request has been
+processed, these documents will be destroyed.
+
+If, after contacting us, You consider that your rights under the
+Applicable Regulations have not been respected, you may lodge a
+complaint before the French data protection authority CNIL
+(www.cnil.fr).
+
+OCBASE acting as Data processor. By subscribing Premium Licenses through
+PATREON, You have agreed to share personal data with OCBASE.
+
+When using SaaS Services or subscribing Premium Licenses through
+PATREON, OCBASE (the “Processor”) processes Personal Data on behalf of
+the Licensee (the “Controller” or the Licensee) as defined by Applicable
+Regulations.
+
+The Processor is authorized to process, on behalf of the Controller,
+Personal Data reasonably necessary for providing SaaS Services in full
+compliance with the instructions provided by the Licensee, with any
+Applicable Regulations and with the Data processing agreement entered
+into between OCBASE and PATREON.
+
+The Processor undertakes to:
+
+- process the Personal Data only on documented instructions from the
+Controller, including with regard to transfers of the Personal Data to a
+third country or an international organisation, unless required to do so
+by Union or Member State law to which the Processor is subject; in such
+a case, the Processor shall inform the Controller of that legal
+requirement before processing, unless that law prohibits such
+information on important grounds of public interest;
+
+- take all necessary security measures to ensure the integrity and
+confidentiality of the Personal Data;
+
+- take all necessary measures to prevent any unauthorized third-party
+access, intrusion or fraudulent maintenance of its systems and the
+Licensee’s systems and to provide appropriate technical and
+organisational measures to ensure a level of security appropriate to the
+risk;
+
+- not to make copies of any kind of Personal Data, with the exception of
+those made necessary for the performance of the Software;
+
+- not to use the Personal Data it processes on behalf of the Licensee's
+for any purpose other than those expressly provided for in connection
+with the performance of the Software;
+
+- host the Personal Data within the European Union or the European
+Economic Area;
+
+- inform the Licensee promptly of any event of which it is aware that
+may constitute a risk to the security of the Personal Data;
+
+- not subcontract these obligations without prior notice to the
+Controller. The Controller is aware and authorises that the hosting of
+Personal Data are subcontracted to HETZNER whose servers are located
+within the European Union (Germany and Finland).
+
+- at the choice of the Controller, delete or return all the Personal
+Data to the Controller after the Term, and delete existing copies unless
+Union or Member State law requires storage of the Personal Data.
+
+IX. TERM AND TERMINATION
+
+Term.
+
+The term of this Agreement shall begin on the Effective Date:
+
+- Until the Software is uninstalled for the Free License;
+
+- for a fixed term of 1 (one) year period for the Premium License,
+tacitly renewable for the same period unless terminated by You , OCBASE
+or PATREON before the first day of the license renewal.
+
+Termination by You.
+
+You may terminate this Agreement in its Free License version by
+uninstalling the Software. You may terminate Premium Licenses by
+notifying so OCBASE on your user account or by cancelling your PATREON
+subscription, in case You are a client of PATREON.
+
+Termination or suspension by OCBASE.
+
+OCBASE may suspend access to the Software and/or SaaS Services or
+terminate this Agreement at any time with 10 (ten) days’ written notice
+to You if You or the Users breach this Agreement, including by falling
+to pay any fees due and payable according to your licence, unless the
+breach is cured within these 10 (ten) days.
+
+OCBASE’s decision to suspend access to the Software is without prejudice
+to its right to terminate this Agreement for the same reasons underlying
+the suspension.
+
+Effect of termination.
+
+Upon termination, You and the Users shall immediately (i) cease using
+the Software and (ii) destroy all copies of the Software and
+Documentation. Any provision of this Agreement that by its nature is
+intended to survive the expiration or termination of this Agreement
+shall so survive (including but not limited to “License”, “Warranties
+and disclaimers”, “Limitation of liability”, “Indemnification”,
+“Miscellaneous”, “Governing law and attribution of jurisdiction”).
+
+X. FORCE MAJEURE
+
+Neither the Licensee nor OCBASE shall be liable in the failure to comply
+with any provision of this Agreement due to an act, event, or
+circumstance beyond their reasonable control, including but not limited
+to, fire, floods, storms, earthquake or other natural disasters,
+epidemics or pandemics, acts of terrorism or war, labor trouble,
+government action etc.
+
+XI. MISCELLANEOUS
+
+Amendment.
+
+OCBASE may, at its sole discretion, modify, replace, or update this
+Agreement at any time. OCBASE will post the updated versions on its
+Website and provide You notice thereof on the first use of the Software
+following updated version of this Agreement. In case You entered into a
+Premium License and do not agree to the updated terms, You shall have
+the opportunity to terminate the Agreement by notifying OCBASE in
+writing within 30 (thirty) days following the update. You will receive a
+refund of any pre-paid fees for the unused portion of the subscription.
+Your failure to provide such notice, and/or your continued use of the
+Software for more than 30 (thirty) days following the update, shall
+constitute your acceptance of any updated terms.
+
+Assignment.
+
+This Agreement is personal to You and You may not assign this Agreement
+in whole or in part in any case without OCBASE’s prior written consent
+and conditions.
+
+Entire Agreement.
+
+This Agreement constitutes the entire agreement between OCBASE and the
+Licensee and supersedes all prior written or verbal agreements
+concerning its subject matter.
+
+Severability.
+
+If any provision of this Agreement is found void and unenforceable, it
+will not affect the validity of the Agreement, which shall remain valid
+and enforceable according to its terms. In such situation, this
+provision will be changed and interpreted to accomplish the objectives
+of such provision to the greatest extent possible under applicable law.
+
+Waiver.
+
+The delay or failure of either the Licensee or OCBASE to exercise any of
+its rights pursuant to this Agreement shall not be deemed a waiver of
+that right. No waiver shall be effective unless made in writing and
+signed by an authorized representative of the waiving party.
+
+XII. GOVERNING LAW AND ATTRIBUTION OF JURISDICTION
+
+Applicable law.
+
+This Agreement shall be construed and governed in accordance with the
+laws of France, without regard to the choice or conflicts of law
+provisions of any jurisdiction.
+
+Jurisdiction.
+
+Any dispute, action, claim, or cause of action arising out of or in
+connection with this Agreement, including its validity, interpretation
+or application shall be subject to the exclusive relevant jurisdiction
+of Lille.