Mandriva 法律问题指南
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我打算进行电子商务活动(比如在 eBay 易趣或其它电子商务网站、我自己的网站上售卖产品)；我是否可以不签订书面许可协议就传播 Mandriva 的产品(包括下载版本)?
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我是OEM硬件制造商(即销售笔记本、台式机、工作站和服务器)。我是否可以将下载版本预装在计算机上或者以 CD 形式赠送给客户?
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我是增值服务提供商(即我发布包含 Linux 发行版的软件产品)。我是否可以将 Mandriva Linux 发行版包含在我的产品中，原样发布给用户?
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我代表企业或组织，我们对 Mandriva Linux 很感兴趣。我是否可以在我们所有的计算机上安装同一个零售产品包装?
1.定义
下载产品:
可从我们的网站及镜像服务器上免费下载到的 Mandriva Linux 发行版。其中包括(但不限于)“Free Mandriva Linux”和“Mandriva Linux Move 下载版本”。
零售产品:
不提供免费下载的 Mandriva Linux 发行版。这些产品只在 Mandriva 自有或其合作伙伴和销售商的零售渠道、电子商务渠道提供。其中包括(但不限于) Discovery、Powerpack、Powerpack+、企业服务器、Move、多网络防火墙、Mandriva 集群解决方案、Mandriva Linux for PPC 及 Mandriva Linux for x86_64。
自由软件/开放源代码软件:
“自由软件”(或“开放源代码软件”)代表用户可以自由使用、复制、传播、学习、修改和改进软件，只要遵守预先规定的许可条款。有关细节，请参看: ,http://www.gnu.org/philosophy/free-sw.html，
http://www.opensource.org/docs/definition.php。
GPL:
GPL 协议是自由软件授权协议的一种。有关细节请参看 http://www.gnu.org/licenses/gpl.html。
2.Mandriva Linux遵从何种授权模式?
Mandriva 开发和发布的全部代码都以 GPL 或等价协议释放。Mandriva 下载产品中只包含遵从自由软件/开放源代码的软件。Mandriva 零售产品中包含私有的第三方软件产品，这些产品均以其自有的许可模式释放。
3.下载产品授权和零售产品授权有何区别?
这两种产品都受开放源代码协议管制。二者之间的差别不是由我们自有的产品造成的，而是由零售产品中包含的第三方软件造成的。下载产品只包含以自由软件/开放源代码协议释放的组件。零售产品还可能包含附加软件，这些软件大多以私有授权所保护，所以对这些附加软件的复制和再传播通常受到各种限制。
4.第三方软件产品是否使用不同的授权模式?
对。我们零售产品中包含的第三方软件可能是演示版本(如 Kaspersky, Crossover Office 等)、有时间限制的版本、需要密钥才能激活的版本，或者是以私有协议保护的免费软件。关于具体软件的完整授权条款，请参看相应软件包中的指南。
5.下载产品和零售产品除了授权模式不同，功能有何差异?
Mandriva 零售产品包含了额外的特性和功能，以期改进与特定网络适配器和显示卡(比如 NVIDIA(r) NForce 和 ATI(tm) 的私有驱动程序)之间的互操作性。此外，Mandriva 零售产品通常包含支持选项(比如 Mandriva Expert)、文档和诸如 Mandriva 俱乐部和 Mandriva Online 这样的金牌在线服务。每款零售产品都是为特定用途所开发的，以便能够使得系统集成、生命周期和/或维护计划更加简便。关于我们产品的更多信息，请浏览 此页面。
6.Can I distribute Download Products?
/a Yes, it is permissible to copy and distribute Download products. In any case, the following notice must appear clearly and distinctively: This product is the Mandriva Linux Distribution known as « Mandrivalinux Download Edition » or "Mandriva Linux Move Download Edition" (or any other freely downloadable Mandriva product name). Commercial products such as "Mandriva Linux Powerpack Edition" (or "Mandrivalinux Move" or other derivative) include more features than the Download Edition such as commercial add-ons and third-party software. Commercial products also provide documentation and access to Mandriva services such as support. Download editions may be freely downloaded via the Internet at the following location:
( http://www.mandrivalinux.com/en/ftp.php3).
If you find this product useful, please support our efforts and join Mandriva Club by visiting the on-line club page:
http://club.mandriva.com
7.Can I distribute Commercial Products for free?
No. Certain third party software, not governed by a free software license, is bundled with commercial products. Additionally, you may not use the Mandriva name, trademarks and logos (which is our business responsibility to protect), without prior agreement.
8.I am a Mandriva Club Member. Can I distribute "Power Pack", "Power Pack+", "Mandriva Linux Move", "AMD64 Edition" or "Power Pack DVD Edition" Mandrivalinux versions that I downloaded as a Member of Mandriva Club?
No. These products contain third party software which are covered by proprietary licenses and are thus not redistributable. Additionally, these are premium products offered to Club members as part of their subscription. Thus, they are not intended to be freely distributed. However, if you wish to become a Mandriva distributor, we would gladly welcome you as a Mandriva Partner and establish a win/win agreement. See our Partner Page.
9.Can I make modifications to Mandriva Linux Products?
Yes. User contributed modifications aimed at improving software is the essence of Free Software. These modifications must retain the same Free Software license that you were granted (please refer to the GPL text for further details: www.gnu.org) whenever you distribute the resulting product.
10.Can I distribute the modifications I performed on the Download Products of Mandriva Linux?
You may not redistribute a modified version of Mandriva Download products unless all registered trademarks, brands, names and logos referring to Mandriva are removed. This includes, for instance, the use of the word "Mandriva Linux", "Mandriva", the Mandriva Linux and Mandriva logos. This is required to protect Mandrakesoft's intellectual property rights and to avoid creating confusion for our clients. However, if you wish to become a Mandrakesoft distributor, we would gladly welcome you as a Mandrakesoft Partner and establish a win/win agreement. See our Partner Page.
11.Can I distribute the modifications I performed on the commercial versions of Mandriva Linux without asking Mandriva?
Yes, but only if you remove all software that is not covered by a Free Software license. Also, all registered trademarks, brands, names and logos related to Mandriva must be removed. If you do not comply with these terms, you are not allowed to distribute the modifications as this would constitute an infringement of the intellectual property rights owned by each software owner. Also, you may not call this product "Mandriva Linux" or any other name related to Mandriva so our clients will not be confused by projects that we are not associated with.
12.I run e-commerce activities (i.e., I sell on eBay, on some other commercial site or on my own website); can I distribute a Mandriva product (including the Download) in the absence of an agreement?
You can only distribute the download and only if you comply with the rules exposed in questions 6 and question 8. Commercial products cannot be distributed without an agreement since you would be violating our trademark. Also you could be violating brand agreements we have signed with partners in specific areas. However, we favor such distributions and will be glad to put an agreement in place by which you can make such a distribution. . In any case, you cannot use any logo while selling products on the Web. Please refer to the following Guideline:
When selling Download Products, please use this logo:
When selling Retail Products (you must be a registered partner), please use this logo:
13.I am a magazine editor; can I distribute a Mandriva product (including the Download) with my magazine in the absence of an agreement?
Yes! All you need to do is to sign an agreement with Mandriva to use our trademarks and logos. The absence of such an agreement, you would be violating our trademark. Also you could be violating brand agreements we have signed with partners in specific areas. However, we favor such distributions and will be glad to settle an agreement by which you can do such a distribution.
Contact us at . At this stage, many magazines have been distributing Mandriva Linux.
14.I am an OEM hardware vendor (i.e., I sell laptops, desktops, workstations, and servers). Can I sell them with the Download Version installed or included on a CD?
Yes! All you need to do is to sign an agreement with Mandriva to use our trademarks and logos. In absence of such an agreement, you would have to remove all utterances of our names and brands from the Mandriva Linux operating system. Also you will certainly want to be sure that our system runs properly on your hardware. We would be glad to see you participate in our certification program and enter a win-win distribution agreement with us. This will allow you to ensure the quality of the final products and leverage our brand. At this stage, several hundreds of OEMs have been distributing Mandriva Linux successfully. Contact us at:
15.I am a VAR (i.e., I distribute software products that include a Linux distribution). Can I include a Mandriva Linux distribution in my products and distribute them as is?
Yes, of course: you just need to sign an agreement with Mandriva to use our trademarks and logos. In absence of such an agreement, you would have to remove our name and brands from your product. It is our responsibility to protect that name and brand. However we favor such distributions and will be glad to put in place a win-win agreement by which you can indeed include our product into yours.
Contact us at:
16.I am a system integrator interested in Mandriva Linux. What can I do with your commercial products?
We have a special program for you offering attractive prices and premium access to cutting-edge solutions. With the « Personalized Solutions and Maintenance Program » (PSMP), you gain access to volume prices (one license per site), support, maintenance and updates. Get in touch with us for further details on PSMP. If you need more than what is offered in PSMP, you can enter a partnership with us through our Mandriva Partner Program. This program is specifically designed for Value Added Resellers and System Integrators ( https://mandriva.com/partners/var).
17.I represent a business or organization which is interested in Mandriva Linux. Can I install a single Commercial Product on all of my machines?
If you need to install Mandriva Linux on several units, we have a special program which offers attractive prices and premium access to cutting-edge solutions. With the « Personalized Solutions and Maintenance Program » (PSMP), you gain access to volume prices (one license per site), support, maintenance and updates. Please get in touch with us for further details on PSMP.
18.Can I use the graphics created by Mandriva independently of the software?
The "Star Logo" is registered and remains the intellectual property of Mandriva. You may register in our partnership program if you would like to use other Mandriva visuals and graphics. Registration is free and easy on our website: Partner Page. When using our visuals, please refer to our Guidelines.