From mboxrd@z Thu Jan 1 00:00:00 1970 Return-Path: Received: from smtp.gentoo.org (woodpecker.gentoo.org [140.211.166.183]) (using TLSv1.3 with cipher TLS_AES_256_GCM_SHA384 (256/256 bits) key-exchange X25519 server-signature RSA-PSS (4096 bits)) (No client certificate requested) by finch.gentoo.org (Postfix) with ESMTPS id DF36A1584AD for ; Tue, 29 Apr 2025 00:39:35 +0000 (UTC) Received: from lists.gentoo.org (bobolink.gentoo.org [140.211.166.189]) (using TLSv1.3 with cipher TLS_AES_256_GCM_SHA384 (256/256 bits) key-exchange X25519 server-signature RSA-PSS (4096 bits)) (No client certificate requested) (Authenticated sender: relay-lists.gentoo.org@gentoo.org) by smtp.gentoo.org (Postfix) with ESMTPSA id 96EAA342F8E for ; Tue, 29 Apr 2025 00:39:35 +0000 (UTC) Received: from bobolink.gentoo.org (localhost [127.0.0.1]) by bobolink.gentoo.org (Postfix) with ESMTP id 877111102BE; Tue, 29 Apr 2025 00:39:34 +0000 (UTC) Received: from smtp.gentoo.org (woodpecker.gentoo.org [140.211.166.183]) (using TLSv1.3 with cipher TLS_AES_256_GCM_SHA384 (256/256 bits) key-exchange X25519 server-signature RSA-PSS (4096 bits)) (No client certificate requested) by bobolink.gentoo.org (Postfix) with ESMTPS id 7C7A71102BE for ; Tue, 29 Apr 2025 00:39:34 +0000 (UTC) Received: from oystercatcher.gentoo.org (oystercatcher.gentoo.org [148.251.78.52]) (using TLSv1.3 with cipher TLS_AES_256_GCM_SHA384 (256/256 bits) key-exchange X25519 server-signature RSA-PSS (4096 bits)) (No client certificate requested) by smtp.gentoo.org (Postfix) with ESMTPS id 79477342F8E for ; Tue, 29 Apr 2025 00:39:33 +0000 (UTC) Received: from localhost.localdomain (localhost [IPv6:::1]) by oystercatcher.gentoo.org (Postfix) with ESMTP id 0FE69C3A for ; Tue, 29 Apr 2025 00:39:32 +0000 (UTC) From: "undefined.behavior" To: gentoo-commits@lists.gentoo.org Content-Transfer-Encoding: 8bit Content-type: text/plain; charset=UTF-8 Reply-To: gentoo-dev@lists.gentoo.org, "undefined.behavior" Message-ID: <1745887133.81209a9d4a71b23f354c051c569a762a339e6fde.bugs.gentoo@gentoo> Subject: [gentoo-commits] repo/proj/guru:dev commit in: licenses/, app-benchmarks/occt-bin/, app-benchmarks/occt-bin/files/ X-VCS-Repository: repo/proj/guru X-VCS-Files: app-benchmarks/occt-bin/Manifest app-benchmarks/occt-bin/files/90-occt-msr-access.rules app-benchmarks/occt-bin/files/occt.desktop app-benchmarks/occt-bin/files/occt.png app-benchmarks/occt-bin/metadata.xml app-benchmarks/occt-bin/occt-bin-14.0.8.ebuild licenses/OCBASE-EULA X-VCS-Directories: app-benchmarks/occt-bin/files/ app-benchmarks/occt-bin/ licenses/ X-VCS-Committer: bugs.gentoo X-VCS-Committer-Name: undefined.behavior X-VCS-Revision: 81209a9d4a71b23f354c051c569a762a339e6fde X-VCS-Branch: dev Date: Tue, 29 Apr 2025 00:39:32 +0000 (UTC) Precedence: bulk List-Post: List-Help: List-Unsubscribe: List-Subscribe: List-Id: Gentoo Linux mail X-BeenThere: gentoo-commits@lists.gentoo.org X-Auto-Response-Suppress: DR, RN, NRN, OOF, AutoReply X-Archives-Salt: 0995f021-f76f-4280-b8bf-c32c92425f01 X-Archives-Hash: d9707ac7f5163f7956f134ab39050fc6 commit: 81209a9d4a71b23f354c051c569a762a339e6fde Author: undefined.behavior igrek fastem com> AuthorDate: Mon Apr 28 22:26:14 2025 +0000 Commit: undefined.behavior igrek fastem 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 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 @@ + + + + + undefined.behavior + bugs.gentoo@igrek.fastem.com + + + Allow non-root access to /dev/cpu/*/msr to read CPU power/voltage + + 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.