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42
sdk_container/src/third_party/portage-stable/licenses/2dboy-EULA vendored
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2D BOY, LLC
End User License Agreement
THIS END USER LICENSE AGREEMENT ("EULA") IS A BINDING LEGAL AGREEMENT BETWEEN 2D BOY, LLC ("2D BOY") AND YOU AND, IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (COLLECTIVELY, "YOU" AND "YOUR") REGARDING THE GAME SOFTWARE THAT YOU ARE INSTALLING, INCLUDING ANY ACCOMPANYING MANUAL OR OTHER RELATED MATERIAL PROVIDED BY 2D BOY AS PART OF, OR IN CONNECTION, THEREWITH (COLLECTIVELY, THE "GAME").
BY CLICKING THE "I AGREE" BUTTON BELOW, OR BY OTHERWISE CONTINUING TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE GAME, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, YOU MUST SELECT THE "I DON'T AGREE" BUTTON AND YOU MAY NOT CONTINUE TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE GAME.
1. LICENSE GRANT AND RESTRICTIONS.
1.1 License Grant. 2D BOY hereby grants to you a non-exclusive license to use a single copy of the object code version of the Game for your personal, non-commercial home entertainment use on one personal computer or other compatible electronic device. You may sell or transfer your copy of the Game to another person along with, and subject to, your rights under this EULA, only if you do not retain any copies.
1.2 Restrictions. You may not (i) decompile, disassemble or reverse engineer the Game or otherwise attempt to gain access to its source code, except to the extent that such restrictions are expressly prohibited by law; (ii) copy, offer for public display or create derivative works thereof, except to the extent that such restrictions are expressly prohibited by law; (iii) rent, lease, loan, sublicense or distribute the Game, or offer it on a pay-per-play, coin-op or other for charge (or free) basis; (iv) use the Game to infringe the copyrights or other intellectual property rights of others in any way; (v) modify or delete the copyright and other proprietary rights notices on or in the Game.
1.3 Additional Restrictions for Trial Versions. If the Game was provided to you for trial use for a limited period of time and/or number of uses, you agree not to use the Game beyond the expiration or termination of the trial period. You acknowledge and agree that the Game may include code designed to prevent you from exceeding these limits, and that such code may remain on your computer or device after deletion of the Game to prevent you from installing another copy of the Game and repeating the trial.
1.4 Game Specific Terms and Conditions. For additional terms and conditions that may apply to the Game, such as third-party copyright notices and license information, please review the Readme file included with the Game. The ReadMe file for the Game is hereby incorporated into this EULA by this reference.
2. TERMINATION. This EULA is effective until terminated. You may terminate this EULA at any time by uninstalling the Game and destroying all copies of the Game in your possession or control. 2D BOY may terminate this EULA immediately upon notice to you if you breach any of its terms or conditions. Upon termination of this EULA, you agree to immediately uninstall the Game and destroy all copies of the Game.
3. GAME OWNERSHIP. The Game is the copyrighted proprietary material of 2D BOY and/or its third-party licensors and is subject to copyright protection under U.S. copyright law and international copyright treaties, as well as other intellectual property laws and treaties. 2D BOY and/or its third-party licensors retain all right, title, and interest in the Game (and any copies thereof) and specifically reserve all rights not expressly granted under this EULA.
4. LIMITED WARRANTIES BY 2D BOY.
4.1 Limited Warranty. 2D BOY WARRANTS TO YOU, THE ORIGINAL PURCHASER OF THE GAME, THAT THE GAME WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF PURCHASE (THE "WARRANTY PERIOD"). THIS LIMITED WARRANTY IS VOID IF THE GAME HAS BEEN SUBJECT TO MISUSE, DAMAGE OR IF YOU HAVE VIOLATED THIS EULA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR WARRANTIES THAT THE GAME WILL BE ERROR-FREE, SECURE OR VIRUS-FREE, ARE HEREBY EXPRESSLY DISCLAIMED.
4.2 Additional Warranty for Retail Product. IF YOU PURCHASED THE GAME ON A DISC OR OTHER RECORDING MEDIUM, THEN YOU MUST MAKE ANY WARRANTY CLAIM TO THE RETAILER FROM WHICH YOU PURCHASED THE GAME BY PROVIDING A COPY OF YOUR ORIGINAL SALES RECEIPT AND ANY OTHER DETAILS REQUIRED BY THE RETAILER. THE RETAILER, AT ITS OPTION, MAY REFUND YOUR PURCHASE PRICE, REPAIR OR REPLACE THE DISC OR OTHER MEDIA CONTAINING THE GAME. ANY REPLACEMENT WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD OR THIRTY (30) DAYS, WHICHEVER IS LONGER. YOUR EXCLUSIVE REMEDY, AND THE ENTIRE LIABILITY OF 2D BOY, ITS AFFILIATES, LICENSORS AND SUPPLIERS (COLLECTIVELY, "THE 2D BOY PARTIES"), FOR BREACH OF THIS WARRANTY, SHALL BE THE REFUND, REPAIR OR REPLACEMENT DESCRIBED ABOVE.
5. LIMITATION OF LIABILITY. NO PROVISIONS OF THIS EULA SHALL APPLY TO LIMIT LIABILITY ARISING FROM DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD. OTHERWISE, IN NO EVENT WILL THE 2D BOY PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS EULA AND/OR YOUR USE OF THE GAME EXCEED THE AMOUNT PAID BY YOU FOR THE GAME. IN NO EVENT WILL THE 2D BOY PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER TYPE OF DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, LOSS OF DATA, PRIVACY, NEGLIGENCE OR OTHER DUTY OF CARE), EVEN IF ONE OR MORE OF THE 2D BOY PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. BASIS OF THE BARGAIN; EXCLUSIONS. The disclaimers of warranties and limitations of liability set forth above are fundamental elements of the basis of the agreement between you and 2D BOY. You understand and agree that 2D BOY would not be able to economically or reasonably provide the Game to you without these limitations. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR THE LIMITATION OF INDIRECT DAMAGES AS SET FORTH IN SECTIONS 4 AND 5 ABOVE, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
7. INDEMNIFICATION. You agree to indemnify, defend and hold harmless the 2D BOY Parties, including their respective employees, officers, directors and personnel from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your violation of this EULA and/or your use or misuse of the Game.
8. EXPORT CONTROL. The Game originates in the United States and is subject to United States export laws and regulations. You may not export or re-export, in whole or in part, the Game to certain countries, persons or entities prohibited from receiving exports from the United States. Additionally, the Game may be subject to the import and export laws of other countries, and you agree that you will comply with any such foreign import and export laws, as applicable.
9. MISCELLANEOUS. You agree to comply with all United States and foreign laws related to your use of the Game. This is the entire agreement between you and 2D BOY relating to the subject matter herein and replaces any and all previous representations, agreements, understandings or communications, whether written or oral. This EULA may not be modified except in writing, signed by both parties. If a court of competent jurisdiction declares any provision of this EULA to be void or unenforceable, then such provision will be interpreted, construed or reformed to the extent reasonably required to render it valid, enforceable and consistent with the original intent underlying such provision, and such invalidity or unenforceability will not affect any other provision of this EULA. The English language version of this EULA will control its interpretation.
10. GOVERNING LAW AND VENUE.
This EULA will be governed by and construed in accordance with the laws of the State of California, USA, excluding its conflicts of law rules and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods. Venue for any action hereunder shall lie exclusively in the state and federal courts located in San Francisco County, California USA and you hereby consent and submit to the personal jurisdiction of such courts.
11. NOTICES; HOW TO CONTACT 2D BOY. The Game is made available to you by 2D BOY, LLC. 2D BOY may be contacted via its website (http://2dboy.com).

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sdk_container/src/third_party/portage-stable/licenses/9wm vendored
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9wm is free software, and is Copyright (c) 1994-1996 by David Hogan.
Permission is granted to all sentient beings to use this software, to
make copies of it, and to distribute those copies, provided that:
(1) the copyright and licence notices are left intact
(2) the recipients are aware that it is free software
(3) any unapproved changes in functionality are either
(i) only distributed as patches
or (ii) distributed as a new program which is not called 9wm and whose
documentation gives credit where it is due
(4) the author is not held responsible for any defects or shortcomings
in the software, or damages caused by it.
There is no warranty for this software. Have a nice day.

174
sdk_container/src/third_party/portage-stable/licenses/AFL-3.0 vendored
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Academic Free License ("AFL") v. 3.0
This Academic Free License (the "License") applies to any original work
of authorship (the "Original Work") whose owner (the "Licensor") has
placed the following licensing notice adjacent to the copyright notice
for the Original Work:
Licensed under the Academic Free License version 3.0
1) Grant of Copyright License. Licensor grants You a worldwide,
royalty-free, non-exclusive, sublicensable license, for the duration of
the copyright, to do the following:
a) to reproduce the Original Work in copies, either alone or as part of
a collective work;
b) to translate, adapt, alter, transform, modify, or arrange the Original
Work, thereby creating derivative works ("Derivative Works") based upon
the Original Work;
c) to distribute or communicate copies of the Original Work and Derivative
Works to the public, under any license of your choice that does not
contradict the terms and conditions, including Licensor's reserved rights
and remedies, in this Academic Free License;
d) to perform the Original Work publicly; and
e) to display the Original Work publicly.
2) Grant of Patent License. Licensor grants You a worldwide, royalty-free,
non-exclusive, sublicensable license, under patent claims owned or
controlled by the Licensor that are embodied in the Original Work as
furnished by the Licensor, for the duration of the patents, to make,
use, sell, offer for sale, have made, and import the Original Work and
Derivative Works.
3) Grant of Source Code License. The term "Source Code" means the
preferred form of the Original Work for making modifications to it
and all available documentation describing how to modify the Original
Work. Licensor agrees to provide a machine-readable copy of the Source
Code of the Original Work along with each copy of the Original Work
that Licensor distributes. Licensor reserves the right to satisfy this
obligation by placing a machine-readable copy of the Source Code in an
information repository reasonably calculated to permit inexpensive and
convenient access by You for as long as Licensor continues to distribute
the Original Work.
4) Exclusions From License Grant. Neither the names of Licensor's
trademarks, copyrights, patents, trade secrets or any other intellectual
property. No patent license is granted to make, use, sell, offer for
sale, have made, or import embodiments of any patent claims other than
the licensed claims defined in Section 2. No license is granted to the
trademarks of Licensor even if such marks are included in the Original
Work. Nothing in this License shall be interpreted to prohibit Licensor
from licensing under terms different from this License any Original Work
that Licensor otherwise would have a right to license.
5) External Deployment. The term "External Deployment" means the use,
distribution, or communication of the Original Work or Derivative Works
in any way such that the Original Work or Derivative Works may be used by
anyone other than You, whether those works are distributed or communicated
to those persons or made available as an application intended for use over
a network. As an express condition for the grants of license hereunder,
You must treat any External Deployment by You of the Original Work or
a Derivative Work as a distribution under section 1(c).
6) Attribution Rights. You must retain, in the Source Code of any
Derivative Works that You create, all copyright, patent, or trademark
notices from the Source Code of the Original Work, as well as any
notices of licensing and any descriptive text identified therein as an
"Attribution Notice." You must cause the Source Code for any Derivative
Works that You create to carry a prominent Attribution Notice reasonably
calculated to inform recipients that You have modified the Original Work.
7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants
that the copyright in and to the Original Work and the patent rights
granted herein by Licensor are owned by the Licensor or are sublicensed
to You under the terms of this License with the permission of the
contributor(s) of those copyrights and patent rights. Except as
expressly stated in the immediately preceding sentence, the Original
Work is provided under this License on an "AS IS" BASIS and WITHOUT
WARRANTY, either express or implied, including, without limitation,
the warranties of non-infringement, merchantability or fitness for a
particular purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL
WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential
part of this License. No license to the Original Work is granted by this
License except under this disclaimer.
8) Limitation of Liability. Under no circumstances and under no legal
theory, whether in tort (including negligence), contract, or otherwise,
shall the Licensor be liable to anyone for any indirect, special,
incidental, or consequential damages of any character arising as a
result of this License or the use of the Original Work including, without
limitation, damages for loss of goodwill, work stoppage, computer failure
or malfunction, or any and all other commercial damages or losses. This
limitation of liability shall not apply to the extent applicable law
prohibits such limitation.
9) Acceptance and Termination. If, at any time, You expressly assented to
this License, that assent indicates your clear and irrevocable acceptance
of this License and all of its terms and conditions. If You distribute or
communicate copies of the Original Work or a Derivative Work, You must
make a reasonable effort under the circumstances to obtain the express
assent of recipients to the terms of this License. This License conditions
your rights to undertake the activities listed in Section 1, including
your right to create Derivative Works based upon the Original Work,
and doing so without honoring these terms and conditions is prohibited
by copyright law and international treaty. Nothing in this License
is intended to affect copyright exceptions and limitations (including
"fair use" or "fair dealing"). This license shall terminate immediately
and You may no longer exercise any of the rights granted to You by this
License upon your failure to honor the conditions in Section 1(c).
10) Termination for Patent Action. This License shall terminate
automatically and You may no longer exercise any of the rights granted
to You by this License as of the date You commence an action, including
a cross-claim or counterclaim, against Licensor or any licensee alleging
that the Original Work infringes a patent. This termination provision
shall not apply for an action alleging patent infringement by combinations
of the Original Work with other software or hardware.
11) Jurisdiction, Venue and Governing Law. Any action or suit relating to
this License may be brought only in the courts of a jurisdiction wherein
the Licensor resides or in which Licensor conducts its primary business,
and under the laws of that jurisdiction excluding its conflict-of-law
provisions. The application of the United Nations Convention on Contracts
for the International Sale of Goods is expressly excluded. Any use of the
Original Work outside the scope of this License or after its termination
shall be subject to the requirements and penalties of copyright or
patent law in the appropriate jurisdiction. This section shall survive
the termination of this License.
12) Attorneys' Fees. In any action to enforce the terms of this License or
seeking damages relating thereto, the prevailing party shall be entitled
to recover its costs and expenses, including, without limitation,
reasonable attorneys' fees and costs incurred in connection with such
action, including any appeal of such action. This section shall survive
the termination of this License.
13) Miscellaneous. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable.
14) Definition of "You" in This License. "You" throughout this License,
whether in upper or lower case, means an individual or a legal entity
exercising rights under, and complying with all of the terms of, this
License. For legal entities, "You" includes any entity that controls,
is controlled by, or is under common control with you. For purposes of
this definition, "control" means (i) the power, direct or indirect, to
cause the direction or management of such entity, whether by contract
or otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
15) Right to Use. You may use the Original Work in all ways not otherwise
restricted or conditioned by this License or by law, and Licensor promises
not to interfere with or be responsible for such uses by You.
16) Modification of This License. This License is Copyright ©
2005 Lawrence Rosen. Permission is granted to copy, distribute, or
communicate this License without modification. Nothing in this License
permits You to modify this License as applied to the Original Work or
to Derivative Works. However, You may modify the text of this License
and copy, distribute or communicate your modified version (the "Modified
License") and apply it to other original works of authorship subject to
the following conditions: (i) You may not indicate in any way that your
Modified License is the "Academic Free License" or "AFL" and you may
not use those names in the name of your Modified License; (ii) You must
replace the notice specified in the first paragraph above with the notice
"Licensed under <insert your license name here>" or with a notice of your
own that is not confusingly similar to the notice in this License; and
(iii) You may not claim that your original works are open source software
unless your Modified License has been approved by Open Source Initiative
(OSI) and You comply with its license review and certification process.

661
sdk_container/src/third_party/portage-stable/licenses/AGPL-3 vendored
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GNU AFFERO GENERAL PUBLIC LICENSE
Version 3, 19 November 2007
Copyright (C) 2007 Free Software Foundation, Inc. <https://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
The GNU Affero General Public License is a free, copyleft license for
software and other kinds of works, specifically designed to ensure
cooperation with the community in the case of network server software.
The licenses for most software and other practical works are designed
to take away your freedom to share and change the works. By contrast,
our General Public Licenses are intended to guarantee your freedom to
share and change all versions of a program--to make sure it remains free
software for all its users.
When we speak of free software, we are referring to freedom, not
price. Our General Public Licenses are designed to make sure that you
have the freedom to distribute copies of free software (and charge for
them if you wish), that you receive source code or can get it if you
want it, that you can change the software or use pieces of it in new
free programs, and that you know you can do these things.
Developers that use our General Public Licenses protect your rights
with two steps: (1) assert copyright on the software, and (2) offer
you this License which gives you legal permission to copy, distribute
and/or modify the software.
A secondary benefit of defending all users' freedom is that
improvements made in alternate versions of the program, if they
receive widespread use, become available for other developers to
incorporate. Many developers of free software are heartened and
encouraged by the resulting cooperation. However, in the case of
software used on network servers, this result may fail to come about.
The GNU General Public License permits making a modified version and
letting the public access it on a server without ever releasing its
source code to the public.
The GNU Affero General Public License is designed specifically to
ensure that, in such cases, the modified source code becomes available
to the community. It requires the operator of a network server to
provide the source code of the modified version running there to the
users of that server. Therefore, public use of a modified version, on
a publicly accessible server, gives the public access to the source
code of the modified version.
An older license, called the Affero General Public License and
published by Affero, was designed to accomplish similar goals. This is
a different license, not a version of the Affero GPL, but Affero has
released a new version of the Affero GPL which permits relicensing under
this license.
The precise terms and conditions for copying, distribution and
modification follow.
TERMS AND CONDITIONS
0. Definitions.
"This License" refers to version 3 of the GNU Affero General Public License.
"Copyright" also means copyright-like laws that apply to other kinds of
works, such as semiconductor masks.
"The Program" refers to any copyrightable work licensed under this
License. Each licensee is addressed as "you". "Licensees" and
"recipients" may be individuals or organizations.
To "modify" a work means to copy from or adapt all or part of the work
in a fashion requiring copyright permission, other than the making of an
exact copy. The resulting work is called a "modified version" of the
earlier work or a work "based on" the earlier work.
A "covered work" means either the unmodified Program or a work based
on the Program.
To "propagate" a work means to do anything with it that, without
permission, would make you directly or secondarily liable for
infringement under applicable copyright law, except executing it on a
computer or modifying a private copy. Propagation includes copying,
distribution (with or without modification), making available to the
public, and in some countries other activities as well.
To "convey" a work means any kind of propagation that enables other
parties to make or receive copies. Mere interaction with a user through
a computer network, with no transfer of a copy, is not conveying.
An interactive user interface displays "Appropriate Legal Notices"
to the extent that it includes a convenient and prominently visible
feature that (1) displays an appropriate copyright notice, and (2)
tells the user that there is no warranty for the work (except to the
extent that warranties are provided), that licensees may convey the
work under this License, and how to view a copy of this License. If
the interface presents a list of user commands or options, such as a
menu, a prominent item in the list meets this criterion.
1. Source Code.
The "source code" for a work means the preferred form of the work
for making modifications to it. "Object code" means any non-source
form of a work.
A "Standard Interface" means an interface that either is an official
standard defined by a recognized standards body, or, in the case of
interfaces specified for a particular programming language, one that
is widely used among developers working in that language.
The "System Libraries" of an executable work include anything, other
than the work as a whole, that (a) is included in the normal form of
packaging a Major Component, but which is not part of that Major
Component, and (b) serves only to enable use of the work with that
Major Component, or to implement a Standard Interface for which an
implementation is available to the public in source code form. A
"Major Component", in this context, means a major essential component
(kernel, window system, and so on) of the specific operating system
(if any) on which the executable work runs, or a compiler used to
produce the work, or an object code interpreter used to run it.
The "Corresponding Source" for a work in object code form means all
the source code needed to generate, install, and (for an executable
work) run the object code and to modify the work, including scripts to
control those activities. However, it does not include the work's
System Libraries, or general-purpose tools or generally available free
programs which are used unmodified in performing those activities but
which are not part of the work. For example, Corresponding Source
includes interface definition files associated with source files for
the work, and the source code for shared libraries and dynamically
linked subprograms that the work is specifically designed to require,
such as by intimate data communication or control flow between those
subprograms and other parts of the work.
The Corresponding Source need not include anything that users
can regenerate automatically from other parts of the Corresponding
Source.
The Corresponding Source for a work in source code form is that
same work.
2. Basic Permissions.
All rights granted under this License are granted for the term of
copyright on the Program, and are irrevocable provided the stated
conditions are met. This License explicitly affirms your unlimited
permission to run the unmodified Program. The output from running a
covered work is covered by this License only if the output, given its
content, constitutes a covered work. This License acknowledges your
rights of fair use or other equivalent, as provided by copyright law.
You may make, run and propagate covered works that you do not
convey, without conditions so long as your license otherwise remains
in force. You may convey covered works to others for the sole purpose
of having them make modifications exclusively for you, or provide you
with facilities for running those works, provided that you comply with
the terms of this License in conveying all material for which you do
not control copyright. Those thus making or running the covered works
for you must do so exclusively on your behalf, under your direction
and control, on terms that prohibit them from making any copies of
your copyrighted material outside their relationship with you.
Conveying under any other circumstances is permitted solely under
the conditions stated below. Sublicensing is not allowed; section 10
makes it unnecessary.
3. Protecting Users' Legal Rights From Anti-Circumvention Law.
No covered work shall be deemed part of an effective technological
measure under any applicable law fulfilling obligations under article
11 of the WIPO copyright treaty adopted on 20 December 1996, or
similar laws prohibiting or restricting circumvention of such
measures.
When you convey a covered work, you waive any legal power to forbid
circumvention of technological measures to the extent such circumvention
is effected by exercising rights under this License with respect to
the covered work, and you disclaim any intention to limit operation or
modification of the work as a means of enforcing, against the work's
users, your or third parties' legal rights to forbid circumvention of
technological measures.
4. Conveying Verbatim Copies.
You may convey verbatim copies of the Program's source code as you
receive it, in any medium, provided that you conspicuously and
appropriately publish on each copy an appropriate copyright notice;
keep intact all notices stating that this License and any
non-permissive terms added in accord with section 7 apply to the code;
keep intact all notices of the absence of any warranty; and give all
recipients a copy of this License along with the Program.
You may charge any price or no price for each copy that you convey,
and you may offer support or warranty protection for a fee.
5. Conveying Modified Source Versions.
You may convey a work based on the Program, or the modifications to
produce it from the Program, in the form of source code under the
terms of section 4, provided that you also meet all of these conditions:
a) The work must carry prominent notices stating that you modified
it, and giving a relevant date.
b) The work must carry prominent notices stating that it is
released under this License and any conditions added under section
7. This requirement modifies the requirement in section 4 to
"keep intact all notices".
c) You must license the entire work, as a whole, under this
License to anyone who comes into possession of a copy. This
License will therefore apply, along with any applicable section 7
additional terms, to the whole of the work, and all its parts,
regardless of how they are packaged. This License gives no
permission to license the work in any other way, but it does not
invalidate such permission if you have separately received it.
d) If the work has interactive user interfaces, each must display
Appropriate Legal Notices; however, if the Program has interactive
interfaces that do not display Appropriate Legal Notices, your
work need not make them do so.
A compilation of a covered work with other separate and independent
works, which are not by their nature extensions of the covered work,
and which are not combined with it such as to form a larger program,
in or on a volume of a storage or distribution medium, is called an
"aggregate" if the compilation and its resulting copyright are not
used to limit the access or legal rights of the compilation's users
beyond what the individual works permit. Inclusion of a covered work
in an aggregate does not cause this License to apply to the other
parts of the aggregate.
6. Conveying Non-Source Forms.
You may convey a covered work in object code form under the terms
of sections 4 and 5, provided that you also convey the
machine-readable Corresponding Source under the terms of this License,
in one of these ways:
a) Convey the object code in, or embodied in, a physical product
(including a physical distribution medium), accompanied by the
Corresponding Source fixed on a durable physical medium
customarily used for software interchange.
b) Convey the object code in, or embodied in, a physical product
(including a physical distribution medium), accompanied by a
written offer, valid for at least three years and valid for as
long as you offer spare parts or customer support for that product
model, to give anyone who possesses the object code either (1) a
copy of the Corresponding Source for all the software in the
product that is covered by this License, on a durable physical
medium customarily used for software interchange, for a price no
more than your reasonable cost of physically performing this
conveying of source, or (2) access to copy the
Corresponding Source from a network server at no charge.
c) Convey individual copies of the object code with a copy of the
written offer to provide the Corresponding Source. This
alternative is allowed only occasionally and noncommercially, and
only if you received the object code with such an offer, in accord
with subsection 6b.
d) Convey the object code by offering access from a designated
place (gratis or for a charge), and offer equivalent access to the
Corresponding Source in the same way through the same place at no
further charge. You need not require recipients to copy the
Corresponding Source along with the object code. If the place to
copy the object code is a network server, the Corresponding Source
may be on a different server (operated by you or a third party)
that supports equivalent copying facilities, provided you maintain
clear directions next to the object code saying where to find the
Corresponding Source. Regardless of what server hosts the
Corresponding Source, you remain obligated to ensure that it is
available for as long as needed to satisfy these requirements.
e) Convey the object code using peer-to-peer transmission, provided
you inform other peers where the object code and Corresponding
Source of the work are being offered to the general public at no
charge under subsection 6d.
A separable portion of the object code, whose source code is excluded
from the Corresponding Source as a System Library, need not be
included in conveying the object code work.
A "User Product" is either (1) a "consumer product", which means any
tangible personal property which is normally used for personal, family,
or household purposes, or (2) anything designed or sold for incorporation
into a dwelling. In determining whether a product is a consumer product,
doubtful cases shall be resolved in favor of coverage. For a particular
product received by a particular user, "normally used" refers to a
typical or common use of that class of product, regardless of the status
of the particular user or of the way in which the particular user
actually uses, or expects or is expected to use, the product. A product
is a consumer product regardless of whether the product has substantial
commercial, industrial or non-consumer uses, unless such uses represent
the only significant mode of use of the product.
"Installation Information" for a User Product means any methods,
procedures, authorization keys, or other information required to install
and execute modified versions of a covered work in that User Product from
a modified version of its Corresponding Source. The information must
suffice to ensure that the continued functioning of the modified object
code is in no case prevented or interfered with solely because
modification has been made.
If you convey an object code work under this section in, or with, or
specifically for use in, a User Product, and the conveying occurs as
part of a transaction in which the right of possession and use of the
User Product is transferred to the recipient in perpetuity or for a
fixed term (regardless of how the transaction is characterized), the
Corresponding Source conveyed under this section must be accompanied
by the Installation Information. But this requirement does not apply
if neither you nor any third party retains the ability to install
modified object code on the User Product (for example, the work has
been installed in ROM).
The requirement to provide Installation Information does not include a
requirement to continue to provide support service, warranty, or updates
for a work that has been modified or installed by the recipient, or for
the User Product in which it has been modified or installed. Access to a
network may be denied when the modification itself materially and
adversely affects the operation of the network or violates the rules and
protocols for communication across the network.
Corresponding Source conveyed, and Installation Information provided,
in accord with this section must be in a format that is publicly
documented (and with an implementation available to the public in
source code form), and must require no special password or key for
unpacking, reading or copying.
7. Additional Terms.
"Additional permissions" are terms that supplement the terms of this
License by making exceptions from one or more of its conditions.
Additional permissions that are applicable to the entire Program shall
be treated as though they were included in this License, to the extent
that they are valid under applicable law. If additional permissions
apply only to part of the Program, that part may be used separately
under those permissions, but the entire Program remains governed by
this License without regard to the additional permissions.
When you convey a copy of a covered work, you may at your option
remove any additional permissions from that copy, or from any part of
it. (Additional permissions may be written to require their own
removal in certain cases when you modify the work.) You may place
additional permissions on material, added by you to a covered work,
for which you have or can give appropriate copyright permission.
Notwithstanding any other provision of this License, for material you
add to a covered work, you may (if authorized by the copyright holders of
that material) supplement the terms of this License with terms:
a) Disclaiming warranty or limiting liability differently from the
terms of sections 15 and 16 of this License; or
b) Requiring preservation of specified reasonable legal notices or
author attributions in that material or in the Appropriate Legal
Notices displayed by works containing it; or
c) Prohibiting misrepresentation of the origin of that material, or
requiring that modified versions of such material be marked in
reasonable ways as different from the original version; or
d) Limiting the use for publicity purposes of names of licensors or
authors of the material; or
e) Declining to grant rights under trademark law for use of some
trade names, trademarks, or service marks; or
f) Requiring indemnification of licensors and authors of that
material by anyone who conveys the material (or modified versions of
it) with contractual assumptions of liability to the recipient, for
any liability that these contractual assumptions directly impose on
those licensors and authors.
All other non-permissive additional terms are considered "further
restrictions" within the meaning of section 10. If the Program as you
received it, or any part of it, contains a notice stating that it is
governed by this License along with a term that is a further
restriction, you may remove that term. If a license document contains
a further restriction but permits relicensing or conveying under this
License, you may add to a covered work material governed by the terms
of that license document, provided that the further restriction does
not survive such relicensing or conveying.
If you add terms to a covered work in accord with this section, you
must place, in the relevant source files, a statement of the
additional terms that apply to those files, or a notice indicating
where to find the applicable terms.
Additional terms, permissive or non-permissive, may be stated in the
form of a separately written license, or stated as exceptions;
the above requirements apply either way.
8. Termination.
You may not propagate or modify a covered work except as expressly
provided under this License. Any attempt otherwise to propagate or
modify it is void, and will automatically terminate your rights under
this License (including any patent licenses granted under the third
paragraph of section 11).
However, if you cease all violation of this License, then your
license from a particular copyright holder is reinstated (a)
provisionally, unless and until the copyright holder explicitly and
finally terminates your license, and (b) permanently, if the copyright
holder fails to notify you of the violation by some reasonable means
prior to 60 days after the cessation.
Moreover, your license from a particular copyright holder is
reinstated permanently if the copyright holder notifies you of the
violation by some reasonable means, this is the first time you have
received notice of violation of this License (for any work) from that
copyright holder, and you cure the violation prior to 30 days after
your receipt of the notice.
Termination of your rights under this section does not terminate the
licenses of parties who have received copies or rights from you under
this License. If your rights have been terminated and not permanently
reinstated, you do not qualify to receive new licenses for the same
material under section 10.
9. Acceptance Not Required for Having Copies.
You are not required to accept this License in order to receive or
run a copy of the Program. Ancillary propagation of a covered work
occurring solely as a consequence of using peer-to-peer transmission
to receive a copy likewise does not require acceptance. However,
nothing other than this License grants you permission to propagate or
modify any covered work. These actions infringe copyright if you do
not accept this License. Therefore, by modifying or propagating a
covered work, you indicate your acceptance of this License to do so.
10. Automatic Licensing of Downstream Recipients.
Each time you convey a covered work, the recipient automatically
receives a license from the original licensors, to run, modify and
propagate that work, subject to this License. You are not responsible
for enforcing compliance by third parties with this License.
An "entity transaction" is a transaction transferring control of an
organization, or substantially all assets of one, or subdividing an
organization, or merging organizations. If propagation of a covered
work results from an entity transaction, each party to that
transaction who receives a copy of the work also receives whatever
licenses to the work the party's predecessor in interest had or could
give under the previous paragraph, plus a right to possession of the
Corresponding Source of the work from the predecessor in interest, if
the predecessor has it or can get it with reasonable efforts.
You may not impose any further restrictions on the exercise of the
rights granted or affirmed under this License. For example, you may
not impose a license fee, royalty, or other charge for exercise of
rights granted under this License, and you may not initiate litigation
(including a cross-claim or counterclaim in a lawsuit) alleging that
any patent claim is infringed by making, using, selling, offering for
sale, or importing the Program or any portion of it.
11. Patents.
A "contributor" is a copyright holder who authorizes use under this
License of the Program or a work on which the Program is based. The
work thus licensed is called the contributor's "contributor version".
A contributor's "essential patent claims" are all patent claims
owned or controlled by the contributor, whether already acquired or
hereafter acquired, that would be infringed by some manner, permitted
by this License, of making, using, or selling its contributor version,
but do not include claims that would be infringed only as a
consequence of further modification of the contributor version. For
purposes of this definition, "control" includes the right to grant
patent sublicenses in a manner consistent with the requirements of
this License.
Each contributor grants you a non-exclusive, worldwide, royalty-free
patent license under the contributor's essential patent claims, to
make, use, sell, offer for sale, import and otherwise run, modify and
propagate the contents of its contributor version.
In the following three paragraphs, a "patent license" is any express
agreement or commitment, however denominated, not to enforce a patent
(such as an express permission to practice a patent or covenant not to
sue for patent infringement). To "grant" such a patent license to a
party means to make such an agreement or commitment not to enforce a
patent against the party.
If you convey a covered work, knowingly relying on a patent license,
and the Corresponding Source of the work is not available for anyone
to copy, free of charge and under the terms of this License, through a
publicly available network server or other readily accessible means,
then you must either (1) cause the Corresponding Source to be so
available, or (2) arrange to deprive yourself of the benefit of the
patent license for this particular work, or (3) arrange, in a manner
consistent with the requirements of this License, to extend the patent
license to downstream recipients. "Knowingly relying" means you have
actual knowledge that, but for the patent license, your conveying the
covered work in a country, or your recipient's use of the covered work
in a country, would infringe one or more identifiable patents in that
country that you have reason to believe are valid.
If, pursuant to or in connection with a single transaction or
arrangement, you convey, or propagate by procuring conveyance of, a
covered work, and grant a patent license to some of the parties
receiving the covered work authorizing them to use, propagate, modify
or convey a specific copy of the covered work, then the patent license
you grant is automatically extended to all recipients of the covered
work and works based on it.
A patent license is "discriminatory" if it does not include within
the scope of its coverage, prohibits the exercise of, or is
conditioned on the non-exercise of one or more of the rights that are
specifically granted under this License. You may not convey a covered
work if you are a party to an arrangement with a third party that is
in the business of distributing software, under which you make payment
to the third party based on the extent of your activity of conveying
the work, and under which the third party grants, to any of the
parties who would receive the covered work from you, a discriminatory
patent license (a) in connection with copies of the covered work
conveyed by you (or copies made from those copies), or (b) primarily
for and in connection with specific products or compilations that
contain the covered work, unless you entered into that arrangement,
or that patent license was granted, prior to 28 March 2007.
Nothing in this License shall be construed as excluding or limiting
any implied license or other defenses to infringement that may
otherwise be available to you under applicable patent law.
12. No Surrender of Others' Freedom.
If conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot convey a
covered work so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you may
not convey it at all. For example, if you agree to terms that obligate you
to collect a royalty for further conveying from those to whom you convey
the Program, the only way you could satisfy both those terms and this
License would be to refrain entirely from conveying the Program.
13. Remote Network Interaction; Use with the GNU General Public License.
Notwithstanding any other provision of this License, if you modify the
Program, your modified version must prominently offer all users
interacting with it remotely through a computer network (if your version
supports such interaction) an opportunity to receive the Corresponding
Source of your version by providing access to the Corresponding Source
from a network server at no charge, through some standard or customary
means of facilitating copying of software. This Corresponding Source
shall include the Corresponding Source for any work covered by version 3
of the GNU General Public License that is incorporated pursuant to the
following paragraph.
Notwithstanding any other provision of this License, you have
permission to link or combine any covered work with a work licensed
under version 3 of the GNU General Public License into a single
combined work, and to convey the resulting work. The terms of this
License will continue to apply to the part which is the covered work,
but the work with which it is combined will remain governed by version
3 of the GNU General Public License.
14. Revised Versions of this License.
The Free Software Foundation may publish revised and/or new versions of
the GNU Affero General Public License from time to time. Such new versions
will be similar in spirit to the present version, but may differ in detail to
address new problems or concerns.
Each version is given a distinguishing version number. If the
Program specifies that a certain numbered version of the GNU Affero General
Public License "or any later version" applies to it, you have the
option of following the terms and conditions either of that numbered
version or of any later version published by the Free Software
Foundation. If the Program does not specify a version number of the
GNU Affero General Public License, you may choose any version ever published
by the Free Software Foundation.
If the Program specifies that a proxy can decide which future
versions of the GNU Affero General Public License can be used, that proxy's
public statement of acceptance of a version permanently authorizes you
to choose that version for the Program.
Later license versions may give you additional or different
permissions. However, no additional obligations are imposed on any
author or copyright holder as a result of your choosing to follow a
later version.
15. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY
APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT
HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM
IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
16. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS
THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY
GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF
DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD
PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS),
EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
17. Interpretation of Sections 15 and 16.
If the disclaimer of warranty and limitation of liability provided
above cannot be given local legal effect according to their terms,
reviewing courts shall apply local law that most closely approximates
an absolute waiver of all civil liability in connection with the
Program, unless a warranty or assumption of liability accompanies a
copy of the Program in return for a fee.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest
possible use to the public, the best way to achieve this is to make it
free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest
to attach them to the start of each source file to most effectively
state the exclusion of warranty; and each file should have at least
the "copyright" line and a pointer to where the full notice is found.
<one line to give the program's name and a brief idea of what it does.>
Copyright (C) <year> <name of author>
This program is free software: you can redistribute it and/or modify
it under the terms of the GNU Affero General Public License as published by
the Free Software Foundation, either version 3 of the License, or
(at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU Affero General Public License for more details.
You should have received a copy of the GNU Affero General Public License
along with this program. If not, see <https://www.gnu.org/licenses/>.
Also add information on how to contact you by electronic and paper mail.
If your software can interact with users remotely through a computer
network, you should also make sure that it provides a way for users to
get its source. For example, if your program is a web application, its
interface could display a "Source" link that leads users to an archive
of the code. There are many ways you could offer source, and different
solutions will be better for different programs; see section 13 for the
specific requirements.
You should also get your employer (if you work as a programmer) or school,
if any, to sign a "copyright disclaimer" for the program, if necessary.
For more information on this, and how to apply and follow the GNU AGPL, see
<https://www.gnu.org/licenses/>.

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GNU Affero General Public License, version 3 or any later version.
See AGPL-3 for the full text of this license.

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File: AIFFWriter.m
Author: QuickTime DTS
Change History (most recent first):
<2> 03/24/06 must pass NSError objects to exportCompleted
<1> 11/10/05 initial release
<A9> Copyright 2005-2006 Apple Computer, Inc. All rights reserved.
IMPORTANT: This Apple software is supplied to you by Apple Computer, Inc. ("Apple") in
consideration of your agreement to the following terms, and your use, installation,
modification or redistribution of this Apple software constitutes acceptance of these
terms. If you do not agree with these terms, please do not use, install, modify or
redistribute this Apple software.
In consideration of your agreement to abide by the following terms, and subject to these
terms, Apple grants you a personal, non-exclusive license, under Apple's copyrights in
this original Apple software (the "Apple Software"), to use, reproduce, modify and
redistribute the Apple Software, with or without modifications, in source and/or binary
forms; provided that if you redistribute the Apple Software in its entirety and without
modifications, you must retain this notice and the following text and disclaimers in all
such redistributions of the Apple Software. Neither the name, trademarks, service marks
or logos of Apple Computer, Inc. may be used to endorse or promote products derived from
the Apple Software without specific prior written permission from Apple. Except as
expressly stated in this notice, no other rights or licenses, express or implied, are
granted by Apple herein, including but not limited to any patent rights that may be
infringed by your derivative works or by other works in which the Apple Software may be
incorporated.
The Apple Software is provided by Apple on an "AS IS" basis. APPLE MAKES NO WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE
APPLE SOFTWARE OR ITS USE AND OPERATION ALONE OR IN COMBINATION WITH YOUR PRODUCTS.
IN NO EVENT SHALL APPLE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING IN ANY WAY OUT OF THE
USE, REPRODUCTION, MODIFICATION AND/OR DISTRIBUTION OF THE APPLE SOFTWARE, HOWEVER
CAUSED AND WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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END USER LICENSE AGREEMENT
(AMD GPU-PRO)
IMPORTANT-READ CAREFULLY: DO NOT INSTALL, COPY OR USE THE ENCLOSED SOFTWARE,
DOCUMENTATION (AS DEFINED BELOW), OR ANY PORTION THEREOF, (COLLECTIVELY
"SOFTWARE") UNTIL YOU HAVE CAREFULLY READ AND AGREED TO THE FOLLOWING TERMS AND
CONDITIONS. THIS IS A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU (EITHER AN
INDIVIDUAL OR AN ENTITY) (COLLECTIVELY "YOU" AND "YOUR") AND ADVANCED MICRO
DEVICES, INC. ("AMD").
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR USE
THIS SOFTWARE. BY INSTALLING, COPYING OR USING THE SOFTWARE YOU AGREE TO ALL
THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. DEFINITIONS
1. “Documentation” means install scripts and online or electronic
documentation associated, included, or provided in connection with the
Software, or any portion thereof.
2. “Intellectual Property Rights” means all copyrights, trademarks, trade
secrets, patents, mask works, and all related, similar, or other
intellectual property rights recognized in any jurisdiction worldwide,
including all applications and registrations with respect thereto.
3. “Free Software License” means an open source or other license that
requires, as a condition of use, modification or distribution, that any
resulting software must be (a) disclosed or distributed in source code
form; (b) licensed for the purpose of making derivative works; or (c)
redistributable at no charge.
2. LICENSE
Subject to the terms and conditions of this Agreement, AMD hereby grants You a
non-exclusive, royalty-free, revocable, non-transferable, limited, copyright
license to use the Software solely in conjunction with systems or components
that include or incorporate AMD processors, as applicable.
3. RESTRICTIONS
Except for the limited license expressly granted in Section 2 herein, You have
no other rights in the Software, whether express, implied, arising by estoppel
or otherwise. Further restrictions regarding Your use of the Software are set
forth below. You may not:
1. modify or create derivative works of the Software;
2. distribute, assign or otherwise transfer the Software;
3. decompile, reverse engineer, disassemble or otherwise reduce the Software
to a human-perceivable form (except as allowed by applicable law);
4. alter or remove any copyright, trademark or patent notice(s) in the
Software; or
5. use the Software to: (i) develop inventions directly derived from
confidential information to seek patent protection; (ii) assist in the
analysis of Your patents and patent applications; or (iii) modify existing
patents.;
6. use, modify and/or distribute any of the Software so that any part becomes
subject to a Free Software License.
4. FEEDBACK
You have no obligation to give AMD any suggestions, comments or other feedback
(“Feedback”) relating to the Software. However, AMD may use and include any
Feedback that it receives from You to improve the Software or other AMD
products, software and technologies. Accordingly, for any Feedback You provide
to AMD, You grant AMD and its affiliates and subsidiaries a worldwide,
non-exclusive, irrevocable, royalty-free, perpetual license to, directly or
indirectly, use, reproduce, license, sublicense, distribute, make, have made,
sell and otherwise commercialize the Feedback in the Software or other AMD
products, software and technologies. You further agree not to provide any
Feedback that (a) You know is subject to any Intellectual Property Rights of
any third party or (b) is subject to license terms which seek to require any
products incorporating or derived from such Feedback, or other AMD intellectual
property, to be licensed to or otherwise shared with any third party.
5. OWNERSHIP AND COPYRIGHT OF SOFTWARE
The Software, including all Intellectual Property Rights therein, is and
remains the sole and exclusive property of AMD or its licensors, and You shall
have no right, title or interest therein except as expressly set forth in this
Agreement. You agree to prevent any unauthorized copying of the Software. All
title in and to the Software, all copies thereof (in whole or in part, and in
any form), and all rights and Intellectual Property Rights therein shall remain
vested in AMD. Except as expressly provided in Section 2 herein, AMD does not
grant any express or implied right to You under AMD patents, copyrights,
trademarks, or trade secret information.
6. WARRANTY DISCLAIMER
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AMD DISCLAIMS
ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT, THAT THE SOFTWARE WILL RUN UNINTERRUPTED OR ERROR-FREE
OR WARRANTIES ARISING FROM CUSTOM OF TRADE OR COURSE OF USAGE. THE ENTIRE RISK
ASSOCIATED WITH THE USE OF THE SOFTWARE IS ASSUMED BY YOU. Some jurisdictions
do not allow the exclusion of implied warranties, so the above exclusion may
not apply to You.
7. LIMITATION OF LIABILITY AND INDEMNIFICATION
AMD AND ITS LICENSORS WILL NOT, UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU FOR
ANY PUNITIVE, DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING FROM USE OF THE SOFTWARE OR THIS AGREEMENT EVEN IF AMD AND ITS
LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event
shall AMD's total liability to You for all damages, losses, and causes of
action (whether in contract, tort (including negligence) or otherwise) exceed
the amount of $100 USD. You agree to defend, indemnify and hold harmless AMD
and its licensors, and any of their directors, officers, employees, affiliates
or agents from and against any and all loss, damage, liability and other
expenses (including reasonable attorneys' fees), resulting from Your use of the
Software or violation of the terms and conditions of this Agreement.
8. EXPORT RESTRICTIONS
You shall adhere to all applicable U.S., European, and other export laws,
including but not limited to the U.S. Export Administration Regulations
("EAR"), (15 C.F.R. Sections 730 through 774), and E.U. Council Regulation (EC)
No 428/2009 of 5 May 2009. Further, pursuant to Section 740.6 of the EAR, You
hereby certify that, except pursuant to a license granted by the United States
Department of Commerce Bureau of Industry and Security or as otherwise
permitted pursuant to a License Exception under the EAR, You will not (1)
export, re-export or release to a national of a country in Country Groups D:1,
E:1 or E:2 any restricted technology, software, or source code You receive from
AMD, or (2) export to Country Groups D:1, E:1 or E:2 the direct product of such
technology or software, if such foreign produced direct product is subject to
national security controls as identified on the Commerce Control List
(currently found in Supplement 1 to Part 774 of EAR). For the most current
Country Group listings, or for additional information about the EAR or Your
obligations under those regulations, please refer to the U.S. Bureau of
Industry and Security's website at http://www.bis.doc.gov/.
9. U.S. GOVERNMENT RESTRICTED RIGHTS
The Software is provided with "RESTRICTED RIGHTS." Use, duplication, or
disclosure by the Government is subject to the restrictions as set forth in FAR
52.227-14 and DFAR252.227-7013, et seq., or its successor. Use of the Software
by the Government constitutes acknowledgement of AMD's proprietary rights in
them.
10. TERMINATION OF LICENSE
This Agreement will terminate immediately without notice from AMD or judicial
resolution if (1) You fail to comply with any provisions of this Agreement, or
(2) You provide AMD with notice that You would like to terminate this
Agreement. Upon termination of this Agreement, You must delete or destroy all
copies of the Software. Upon termination or expiration of this Agreement, all
provisions survive except for Section 2.
11. GOVERNING LAW
This Agreement is made under and shall be construed according to the laws of
the State of California, excluding conflicts of law rules. Each party submits
to the jurisdiction of the state and federal courts of Santa Clara County and
the Northern District of California for the purposes of this Agreement. You
acknowledge that Your breach of this Agreement may cause irreparable damage and
agree that AMD shall be entitled to seek injunctive relief under this
Agreement, as well as such further relief as may be granted by a court of
competent jurisdiction.
12. GENERAL PROVISIONS
You may not assign this Agreement without the prior written consent of AMD and
any assignment without such consent will be null and void. The parties do not
intend that any agency or partnership relationship be created between them by
this Agreement. Each provision of this Agreement shall be interpreted in such a
manner as to be effective and valid under applicable law. However, in the event
that any provision of this Agreement becomes or is declared unenforceable by
any court of competent jurisdiction, such provision shall be deemed deleted and
the remainder of this Agreement shall remain in full force and effect.
13. ENTIRE AGREEMENT
This Agreement sets forth the entire agreement and understanding between the
parties with respect to the Software and supersedes and merges all prior oral
and written agreements, discussions and understandings between them regarding
the subject matter of this Agreement. No waiver or modification of any
provision of this Agreement shall be binding unless made in writing and signed
by an authorized representative of each party.

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Copyright (c) 2006 Academy of Motion Picture Arts and Sciences
("A.M.P.A.S."). Portions contributed by others as indicated.
All rights reserved.
A world-wide, royalty-free, non-exclusive right to distribute, copy,
modify, create derivatives, and use, in source and binary forms, is
hereby granted, subject to acceptance of this license. Performance of
any of the aforementioned acts indicates acceptance to be bound by the
following terms and conditions:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the Disclaimer of Warranty.
* Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the Disclaimer of Warranty
in the documentation and/or other materials provided with the
distribution.
* Nothing in this license shall be deemed to grant any rights to
trademarks, copyrights, patents, trade secrets or any other
intellectual property of A.M.P.A.S. or any contributors, except
as expressly stated herein, and neither the name of A.M.P.A.S.
nor of any other contributors to this software, may be used to
endorse or promote products derived from this software without
specific prior written permission of A.M.P.A.S. or contributor,
as appropriate.
This license shall be governed by the laws of the State of California,
and subject to the jurisdiction of the courts therein.
Disclaimer of Warranty: THIS SOFTWARE IS PROVIDED BY A.M.P.A.S. AND
CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE DISCLAIMED. IN NO
EVENT SHALL A.M.P.A.S., ANY CONTRIBUTORS OR DISTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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ADAPTIVE PUBLIC LICENSE Version 1.0
THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THIS ADAPTIVE
PUBLIC LICENSE ("LICENSE"). ANY USE, REPRODUCTION OR DISTRIBUTION
OF THE LICENSED WORK CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
LICENSE AND ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE
TERMS OF THIS LICENSE. "LICENSED WORK" AND "RECIPIENT" ARE
DEFINED BELOW.
IMPORTANT NOTE: This License is "adaptive", and the generic version or another
version of an Adaptive Public License should not be relied upon to determine your rights
and obligations under this License. You must read the specific Adaptive Public License
that you receive with the Licensed Work, as certain terms are defined at the outset by the
Initial Contributor.
See Section 2.2 below, Exhibit A attached, and any Suppfile.txt accompanying this
License to determine the specific adaptive features applicable to this License. For
example, without limiting the foregoing, (a) for selected choice of law and jurisdiction
see Part 3 of Exhibit A; (b) for the selected definition of Third Party see Part 4 of Exhibit
A; and (c) for selected patent licensing terms (if any) see Section 2.2 below and Part 6 of
Exhibit A.
1. DEFINITIONS.
1.1. "CONTRIBUTION" means:
(a) In the case of the Initial Contributor, the Initial Work distributed under this License
by the Initial Contributor; and
(b) In the case of each Subsequent Contributor, the Subsequent Work originating from
and distributed by such Subsequent Contributor.
1.2. "DESIGNATED WEB SITE" means the web site having the URL identified in Part
1 of Exhibit A, which URL may be changed by the Initial Contributor by posting on the
current Designated Web Site the new URL for at least sixty (60) days.
1.3. "DISTRIBUTOR" means any Person that distributes the Licensed Work or any
portion thereof to at least one Third Party.
1.4. "ELECTRONIC DISTRIBUTION MECHANISM" means any mechanism generally
accepted in the software development community for the electronic transfer of data.
1.5. "EXECUTABLE" means the Licensed Work in any form other than Source Code.
1.6. "GOVERNING JURISDICTION" means the state, province or other legal
jurisdiction identified in Part 3 of Exhibit A.
1.7. "INDEPENDENT MODULE" means a separate module of software and/or data that
is not a derivative work of or copied from the Licensed Work or any portion thereof. In
addition, a module does not qualify as an Independent Module but instead forms part of
the Licensed Work if the module: (a) is embedded in the Licensed Work; (b) is included
by reference in the Licensed Work other than by a function call or a class reference; or
(c) must be included or contained, in whole or in part, within a file directory or
subdirectory actually containing files making up the Licensed Work.
1.8. "INITIAL CONTRIBUTOR" means the Person or entity identified as the Initial
Contributor in the notice required by Part 1 of Exhibit A.
1.9. "INITIAL WORK" means the initial Source Code, object code (if any) and
documentation for the computer program identified in Part 2 of Exhibit A, as such Source
Code, object code and documentation is distributed under this License by the Initial
Contributor.
1.10. "LARGER WORK" means a work that combines the Licensed Work or portions
thereof with code not governed by this License.
1.11. "LICENSED WORK" means the Initial Work and/or any Subsequent Work, in
each case including portions thereof.
1.12. "LICENSE NOTICE" has the meaning assigned in Part 5 of Exhibit A.
1.13. "MODIFICATION" or "MODIFICATIONS" means any change to and/or addition
to the Licensed Work.
1.14. "PERSON" means an individual or other legal entity, including a corporation,
partnership or other body.
1.15. "RECIPIENT" means any Person who receives or obtains the Licensed Work
under this License (by way of example, without limiting the foregoing, any Subsequent
Contributor or Distributor).
1.16. "SOURCE CODE" means the source code for a computer program, including the
source code for all modules and components of the computer program, plus any
associated interface definition files, and scripts used to control compilation and
installation of an executable.
1.17. "SUBSEQUENT CONTRIBUTOR" means any Person that makes or contributes
to the making of any Subsequent Work and that distributes that Subsequent Work to at
least one Third Party.
1.18. "SUBSEQUENT WORK" means a work that has resulted or arises from changes to
and/or additions to:
(a) the Initial Work;
(b) any other Subsequent Work; or
(c) to any combination of the Initial Work and any such other Subsequent Work;
where such changes and/or additions originate from a Subsequent Contributor. A
Subsequent Work will "originate" from a Subsequent Contributor if the Subsequent Work
was a result of efforts by such Subsequent Contributor (or anyone acting on such
Subsequent Contributor's behalf, such as, a contractor or other entity that is engaged by
or under the direction of the Subsequent Contributor). For greater certainty, a Subsequent
Work expressly excludes and shall not capture within its meaning any Independent
Module.
1.19. "SUPPLEMENT FILE" means a file distributed with the Licensed Work having a
file name "suppfile.txt".
1.20. "THIRD PARTY" has the meaning assigned in Part 4 of Exhibit A.
2. LICENSE.
2.1. COPYRIGHT LICENSE FROM INITIAL AND SUBSEQUENT
CONTRIBUTORS.
(a) Subject to the terms of this License, the Initial Contributor hereby grants each
Recipient a world-wide, royalty-free, non-exclusive copyright license to:
(i) reproduce, prepare derivative works of, publicly display, publicly perform, distribute
and sublicense the Initial Work; and
(ii) reproduce, publicly display, publicly perform, distribute, and sublicense any
derivative works (if any) prepared by Recipient;
in Source Code and Executable form, either with other Modifications, on an unmodified
basis, or as part of a Larger Work.
(b) Subject to the terms of this License, each Subsequent Contributor hereby grants each
Recipient a world-wide, royalty-free, non-exclusive copyright license to:
(i) reproduce, prepare derivative works of, publicly display, publicly perform, distribute
and sublicense the Subsequent Work of such Subsequent Contributor; and
(ii) reproduce, publicly display, publicly perform, distribute, and sublicense any
derivative works (if any) prepared by Recipient;
in Source Code and Executable form, either with other Modifications, on an unmodified
basis, or as part of a Larger Work.
2.2. PATENT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.
(a) This License does not include or grant any patent license whatsoever from the Initial
Contributor, Subsequent Contributor, or any Distributor unless, at the time the Initial
Work is first distributed or made available under this License (as the case may be), the
Initial Contributor has selected pursuant to Part 6 of Exhibit A the patent terms in
paragraphs A, B, C, D and E from Part 6 of Exhibit A. If this is not done then the Initial
Work and any other Subsequent Work is made available under the License without any
patent license (the "PATENTS-EXCLUDED LICENSE").
(b) However, the Initial Contributor may subsequently distribute or make available (as
the case may be) future copies of: (1) the Initial Work; or (2) any Licensed Work
distributed by the Initial Contributor which includes the Initial Work (or any portion
thereof) and/or any Modification made by the Initial Contributor; available under a
License which includes a patent license (the "PATENTS-INCLUDED LICENSE") by
selecting pursuant to Part 6 of Exhibit A the patent terms in paragraphs A, B, C, D and E
from Part 6 of Exhibit A, when the Initial Contributor distributes or makes available (as
the case may be) such future copies under this License.
(c) If any Recipient receives or obtains one or more copies of the Initial Work or any
other portion of the Licensed Work under the Patents-Included License, then all licensing
of such copies under this License shall include the terms in paragraphs A, B, C, D and E
from Part 6 of Exhibit A and that Recipient shall not be able to rely upon the Patents-
Excluded License for any such copies. However, all Recipients that receive one or more
copies of the Initial Work or any other portion of the Licensed Work under a copy of the
License which includes the Patents-Excluded License shall have no patent license with
respect to such copies received under the Patents-Excluded License and availability and
distribution of such copies, including Modifications made by such Recipient to such
copies, shall be under a copy of the License without any patent license.
(d) Where a Recipient uses in combination or combines any copy of the Licensed Work
(or portion thereof) licensed under a copy of the License having a Patents-Excluded
License with any copy of the Licensed Work (or portion thereof) licensed under a copy of
the License having a Patents-Included License, the combination (and any portion thereof)
shall, from the first time such Recipient uses, makes available or distributes the
combination (as the case may be), be subject to only the terms of the License having the
Patents-Included License which shall include the terms in paragraphs A, B, C, D and E
from Part 6 of Exhibit A.
2.3. ACKNOWLEDGEMENT AND DISCLAIMER.
Recipient understands and agrees that although Initial Contributor and each Subsequent
Contributor grants the licenses to its Contributions set forth herein, no representation,
warranty, guarantee or assurance is provided by any Initial Contributor, Subsequent
Contributor, or Distributor that the Licensed Work does not infringe the patent or other
intellectual property rights of any other entity. Initial Contributor, Subsequent
Contributor, and each Distributor disclaims any liability to Recipient for claims brought
by any other entity based on infringement of intellectual property rights or otherwise, in
relation to the Licensed Works. As a condition to exercising the rights and licenses
granted hereunder, each Recipient hereby assumes sole responsibility to secure any other
intellectual property rights needed, if any. For example, without limiting the foregoing
disclaimers, if a third party patent license is required to allow Recipient to distribute the
Licensed Work, it is Recipient's responsibility to acquire that license before distributing
the Licensed Work.
2.4. RESERVATION.
Nothing in this License shall be deemed to grant any rights to trademarks, copyrights,
patents, trade secrets or any other intellectual property of Initial Contributor, Subsequent
Contributor, or Distributor except as expressly stated herein.
3. DISTRIBUTION OBLIGATIONS.
3.1. DISTRIBUTION GENERALLY.
(a) A Subsequent Contributor shall make that Subsequent Contributor's Subsequent
Work(s) available to the public via an Electronic Distribution Mechanism for a period of
at least twelve (12) months. The aforesaid twelve (12) month period shall begin within a
reasonable time after the creation of the Subsequent Work and no later than sixty (60)
days after first distribution of that Subsequent Contributor's Subsequent Work.
(b) All Distributors must distribute the Licensed Work in accordance with the terms of
the License, and must include a copy of this License (including without limitation Exhibit
A and the accompanying Supplement File) with each copy of the Licensed Work
distributed. In particular, this License must be prominently distributed with the Licensed
Work in a file called "license.txt." In addition, the License Notice in Part 5 of Exhibit A
must be included at the beginning of all Source Code files, and viewable to a user in any
executable such that the License Notice is reasonably brought to the attention of any
party using the Licensed Work.
3.2. EXECUTABLE DISTRIBUTIONS OF THE LICENSED WORK.
A Distributor may choose to distribute the Licensed Work, or any portion thereof, in
Executable form (an "EXECUTABLE DISTRIBUTION") to any third party, under the
terms of Section 2 of this License, provided the Executable Distribution is made available
under and accompanied by a copy of this License, AND provided at least ONE of the
following conditions is fulfilled:
(a) The Executable Distribution must be accompanied by the Source Code for the
Licensed Work making up the Executable Distribution, and the Source Code must be
distributed on the same media as the Executable Distribution or using an Electronic
Distribution Mechanism; or
(b) The Executable Distribution must be accompanied with a written offer, valid for at
least thirty six (36) months, to give any third party under the terms of this License, for a
charge no more than the cost of physically performing source distribution, a complete
machine-readable copy of the Source Code for the Licensed Work making up the
Executable Distribution, to be available and distributed using an Electronic Distribution
Mechanism, and such Executable Distribution must remain available in Source Code
form to any third party via the Electronic Distribution Mechanism (or any replacement
Electronic Distribution Mechanism the particular Distributor may reasonably need to turn
to as a substitute) for said at least thirty six (36) months.
For greater certainty, the above-noted requirements apply to any Licensed Work or
portion thereof distributed to any third party in Executable form, whether such
distribution is made alone, in combination with a Larger Work or Independent Modules,
or in some other combination.
3.3. SOURCE CODE DISTRIBUTIONS.
When a Distributor makes the Licensed Work, or any portion thereof, available to any
Person in Source Code form, it must be made available under this License and a copy of
this License must be included with each copy of the Source Code, situated so that the
copy of the License is conspicuously brought to the attention of that Person. For greater
clarification, this Section 3.3 applies to all distribution of the Licensed Work in any
Source Code form. A Distributor may charge a fee for the physical act of transferring a
copy, which charge shall be no more than the cost of physically performing source
distribution.
3.4. REQUIRED NOTICES IN SOURCE CODE.
Each Subsequent Contributor must ensure that the notice set out in Part 5 of Exhibit A is
included in each file of the Source Code for each Subsequent Work originating from that
particular Subsequent Contributor, if such notice is not already included in each such file.
If it is not possible to put such notice in a particular Source Code file due to its structure,
then the Subsequent Contributor must include such notice in a location (such as a relevant
directory in which the file is stored) where a user would be likely to look for such a
notice.
3.5. NO DISTRIBUTION REQUIREMENTS FOR INTERNALLY USED
MODIFICATIONS.
Notwithstanding Sections 3.2, 3.3 and 3.4, Recipient may, internally within its own
corporation or organization use the Licensed Work, including the Initial Work and
Subsequent Works, and make Modifications for internal use within Recipient's own
corporation or organization (collectively, "INTERNAL USE MODIFICATIONS"). The
Recipient shall have no obligation to distribute, in either Source Code or Executable
form, any such Internal Use Modifications made by Recipient in the course of such
internal use, except where required below in this Section 3.5. All Internal Use
Modifications distributed to any Person, whether or not a Third Party, shall be distributed
pursuant to and be accompanied by the terms of this License. If the Recipient chooses to
distribute any such Internal Use Modifications to any Third Party, then the Recipient
shall be deemed a Subsequent Contributor, and any such Internal Use Modifications
distributed to any Third Party shall be deemed a Subsequent Work originating from that
Subsequent Contributor, and shall from the first such instance become part of the
Licensed Work that must thereafter be distributed and made available to third parties in
accordance with the terms of Sections 3.1 to 3.4 inclusive.
3.6. INDEPENDENT MODULES.
This License shall not apply to Independent Modules of any Initial Contributor,
Subsequent Contributor, Distributor or any Recipient, and such Independent Modules
may be licensed or made available under one or more separate license agreements.
3.7. LARGER WORKS.
Any Distributor or Recipient may create or contribute to a Larger Work by combining
any of the Licensed Work with other code not governed by the terms of this License, and
may distribute the Larger Work as one or more products. However, in any such case,
Distributor or Recipient (as the case may be) must make sure that the requirements of this
License are fulfilled for the Licensed Work portion of the Larger Work.
3.8. DESCRIPTION OF DISTRIBUTED MODIFICATIONS.
(a) Each Subsequent Contributor (including the Initial Contributor where the Initial
Contributor also qualifies as a Subsequent Contributor) must cause each Subsequent
Work created or contributed to by that Subsequent Contributor to contain a file
documenting the changes, in accordance with the requirements of Part 1 of the
Supplement File, that such Subsequent Contributor made in the creation or contribution
to that Subsequent Work. If no Supplement File exists or no requirements are set out in
Part 1 of the Supplement File, then there are no requirements for Subsequent Contributors
to document changes that they make resulting in Subsequent Works.
(b) The Initial Contributor may at any time introduce requirements or add to or change
earlier requirements (in each case, the "EARLIER DESCRIPTION REQUIREMENTS")
for documenting changes resulting in Subsequent Works by revising Part 1 of each copy
of the Supplement File distributed by the Initial Contributor with future copies of the
Licensed Work so that Part 1 then contains new requirements (the "NEW
DESCRIPTION REQUIREMENTS") for documenting such changes.
(c) Any Recipient receiving at any time any copy of an Initial Work or any Subsequent
Work under a copy of this License (in each case, an "Earlier LICENSED COPY") having
the Earlier Description Requirements may choose, with respect to each such Earlier
Licensed Copy, to comply with the Earlier Description Requirements or the New
Description Requirements. Where a Recipient chooses to comply with the New
Description Requirements, that Recipient will, when thereafter distributing any copies of
any such Earlier Licensed Copy, include a Supplement File having a section entitled Part
1 that contains a copy of the New Description Requirements.
(d) For greater certainty, the intent of Part 1 of the Supplement File is to provide a
mechanism (if any) by which Subsequent Contributors must document changes that they
make to the Licensed Work resulting in Subsequent Works. Part 1 of any Supplement
File shall not be used to increase or reduce the scope of the license granted in Article 2 of
this License or in any other way increase or decrease the rights and obligations of any
Recipient, and shall at no time serve as the basis for terminating the License. Further, a
Recipient can be required to correct and change its documentation procedures to comply
with Part 1 of the Supplement File, but cannot be penalised with damages. Part 1 of any
Supplement File is only binding on each Recipient of any Licensed Work to the extent
Part 1 sets out the requirements for documenting changes to the Initial Work or any
Subsequent Work.
(e) An example of a set of requirements for documenting changes and contributions
made by Subsequent Contributor is set out in Part 7 of Exhibit A of this License. Part 7 is
a sample only and is not binding on Recipients, unless (subject to the earlier paragraphs
of this Section 3.8) those are the requirements that the Initial Contributor includes in Part
1 of the Supplement File with the copies of the Initial Work distributed under this
License.
3.9. USE OF DISTRIBUTOR NAME.
The name of a Distributor may not be used by any other Distributor to endorse or
promote the Licensed Work or products derived from the Licensed Work, without prior
written permission.
3.10. LIMITED RECOGNITION OF INITIAL CONTRIBUTOR.
(a) As a modest attribution to the Initial Contributor, in the hope that its promotional
value may help justify the time, money and effort invested in writing the Initial Work, the
Initial Contributor may include in Part 2 of the Supplement File a requirement that each
time an executable program resulting from the Initial Work or any Subsequent Work, or a
program dependent thereon, is launched or run, a prominent display of the Initial
Contributor's attribution information must occur (the "ATTRIBUTION
INFORMATION"). The Attribution Information must be included at the beginning of
each Source Code file. For greater certainty, the Initial Contributor may specify in the
Supplement File that the above attribution requirement only applies to an executable
program resulting from the Initial Work or any Subsequent Work, but not a program
dependent thereon. The intent is to provide for reasonably modest attribution, therefore
the Initial Contributor may not require Recipients to display, at any time, more than the
following Attribution Information: (a) a copyright notice including the name of the Initial
Contributor; (b) a word or one phrase (not exceeding 10 words); (c) one digital image or
graphic provided with the Initial Work; and (d) a URL (collectively, the
"ATTRIBUTION LIMITS").
(b) If no Supplement File exists, or no Attribution Information is set out in Part 2 of the
Supplement File, then there are no requirements for Recipients to display any Attribution
Information of the Initial Contributor.
(c) Each Recipient acknowledges that all trademarks, service marks and/or trade names
contained within Part 2 of the Supplement File distributed with the Licensed Work are
the exclusive property of the Initial Contributor and may only be used with the
permission of the Initial Contributor, or under circumstances otherwise permitted by law,
or as expressly set out in this License.
3.11. For greater certainty, any description or attribution provisions contained within a
Supplement File may only be used to specify the nature of the description or attribution
requirements, as the case may be. Any provision in a Supplement File that otherwise
purports to modify, vary, nullify or amend any right, obligation or representation
contained herein shall be deemed void to that extent, and shall be of no force or effect.
4. COMMERCIAL USE AND INDEMNITY.
4.1. COMMERCIAL SERVICES.
A Recipient ("COMMERCIAL RECIPIENT") may choose to offer, and to charge a fee
for, warranty, support, indemnity or liability obligations (collectively, "SERVICES") to
one or more other Recipients or Distributors. However, such Commercial Recipient may
do so only on that Commercial Recipient's own behalf, and not on behalf of any other
Distributor or Recipient, and Commercial Recipient must make it clear than any such
warranty, support, indemnity or liability obligation(s) is/are offered by Commercial
Recipient alone. At no time may Commercial Recipient use any Services to deny any
party the Licensed Work in Source Code or Executable form when so required under any
of the other terms of this License. For greater certainty, this Section 4.1 does not diminish
any of the other terms of this License, including without limitation the obligation of the
Commercial Recipient as a Distributor, when distributing any of the Licensed Work in
Source Code or Executable form, to make such distribution royalty-free (subject to the
right to charge a fee of no more than the cost of physically performing Source Code or
Executable distribution (as the case may be)).
4.2. INDEMNITY.
Commercial distributors of software may accept certain responsibilities with respect to
end users, business partners and the like. While this License is intended to facilitate the
commercial use of the Licensed Work, the Distributor who includes any of the Licensed
Work in a commercial product offering should do so in a manner which does not create
potential liability for other Distributors. Therefore, if a Distributor includes the Licensed
Work in a commercial product offering or offers any Services, such Distributor
("COMMERCIAL DISTRIBUTOR") hereby agrees to defend and indemnify every other
Distributor or Subsequent Contributor (in each case an "INDEMNIFIED PARTY")
against any losses, damages and costs (collectively "LOSSES") arising from claims,
lawsuits and other legal actions brought by a third party against the Indemnified Party to
the extent caused by the acts or omissions of such Commercial Distributor in connection
with its distribution of any of the Licensed Work in a commercial product offering or in
connection with any Services. The obligations in this section do not apply to any claims
or Losses relating to any actual or alleged intellectual property infringement. In order to
qualify, an Indemnified Party must: (a) promptly notify the Commercial Distributor in
writing of such claim; and (b) allow the Commercial Distributor to control, and co-
operate with the Commercial Distributor in, the defense and any related settlement
negotiations. The Indemnified Party may participate in any such claim at its own
expense.
5. VERSIONS OF THE LICENSE.
5.1. NEW VERSIONS.
The Initial Contributor may publish revised and/or new versions of the License from
time to time. Each version will be given a distinguishing version number.
5.2. EFFECT OF NEW VERSIONS.
Once the Licensed Work or any portion thereof has been published by Initial Contributor
under a particular version of the License, Recipient may choose to continue to use it
under the terms of that version. However, if a Recipient chooses to use the Licensed
Work under the terms of any subsequent version of the License published by the Initial
Contributor, then from the date of making this choice, the Recipient must comply with
the terms of that subsequent version with respect to all further reproduction, preparation
of derivative works, public display of, public performance of, distribution and
sublicensing by the Recipient in connection with the Licensed Work. No one other than
the Initial Contributor has the right to modify the terms applicable to the Licensed Work
6. DISCLAIMER OF WARRANTY.
6.1. GENERAL DISCLAIMER.
EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE LICENSED WORK
IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT ANY
REPRESENTATION, WARRANTY, GUARANTEE, ASSURANCE OR CONDITION
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OR CONDITIONS OF TITLE, NON-
INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE LICENSED WORK IS WITH RECIPIENT. SHOULD ANY LICENSED WORK
PROVE DEFECTIVE IN ANY RESPECT, RECIPIENT (NOT THE INITIAL
CONTRIBUTOR OR ANY SUBSEQUENT CONTRIBUTOR) ASSUMES THE COST
OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS CLAUSE
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
LICENSE INCLUDING WITHOUT LIMITATION THIS DISCLAIMER.
6.2. RESPONSIBILITY OF RECIPIENTS.
Each Recipient is solely responsible for determining the appropriateness of using and
distributing the Licensed Work and assumes all risks associated with its exercise of rights
under this License, including but not limited to the risks and costs of program errors,
compliance with applicable laws, damage to or loss of data, programs or equipment, and
unavailability or interruption of operations.
7. TERMINATION.
7.1. This License shall continue until terminated in accordance with the express terms
herein.
7.2. Recipient may choose to terminate this License automatically at any time.
7.3. This License, including without limitation the rights granted hereunder to a
particular Recipient, will terminate automatically if such Recipient is in material breach
of any of the terms of this License and fails to cure such breach within sixty (60) days of
becoming aware of the breach. Without limiting the foregoing, any material breach by
such Recipient of any term of any other License under which such Recipient is granted
any rights to the Licensed Work shall constitute a material breach of this License.
7.4. Upon termination of this License by or with respect to a particular Recipient for any
reason, all rights granted hereunder and under any other License to that Recipient shall
terminate. However, all sublicenses to the Licensed Work which were previously
properly granted by such Recipient under a copy of this License (in each case, an "Other
License" and in plural, "Other Licenses") shall survive any such termination of this
License, including without limitation the rights and obligations under such Other
Licenses as set out in their respective Sections 2, 3, 4, 5, 6, 7 and 8, mutatis mutandis, for
so long as the respective sublicensees (i.e. other Recipients) remain in compliance with
the terms of the copy of this License under which such sublicensees received rights to the
Licensed Work. Any termination of such Other Licenses shall be pursuant to their
respective Section 7, mutatis mutandis. Provisions which, by their nature, must remain in
effect beyond the termination of this License shall survive.
7.5. Upon any termination of this License by or with respect to a particular Recipient,
Sections 4.1, 4.2, 6.1, 6.2, 7.4, 7.5, 8.1, and 8.2, together with all provisions of this
License necessary for the interpretation and enforcement of same, shall expressly survive
such termination.
8. LIMITATION OF LIABILITY.
8.1. IN NO EVENT SHALL ANY OF INITIAL CONTRIBUTOR, ITS
SUBSIDIARIES, OR AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS (AS THE CASE MAY
BE), HAVE ANY LIABILITY FOR ANY DIRECT DAMAGES, INDIRECT
DAMAGES, PUNITIVE DAMAGES, INCIDENTAL DAMAGES, SPECIAL
DAMAGES, EXEMPLARY DAMAGES, CONSEQUENTIAL DAMAGES OR ANY
OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS
OF USE, DATA OR PROFITS, OR ANY OTHER LOSS ARISING OUT OF OR IN
ANY WAY RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE,
PERFORMANCE, OR NON-PERFORMANCE OF THE LICENSED WORK OR ANY
PART THEREOF OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
SERVICES, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS
IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF
PERFORMANCE), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) IN RELATION TO OR ARISING IN ANY WAY
OUT OF THIS LICENSE OR THE USE OR DISTRIBUTION OF THE LICENSED
WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. THIS CLAUSE
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
LICENSE INCLUDING WITHOUT LIMITATION THE LIMITATIONS SET FORTH
IN THIS SECTION 8.1.
8.2. EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, EACH RECIPIENT
SHALL NOT HAVE ANY LIABILITY FOR ANY EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
DISTRIBUTION OF THE LICENSED WORK OR THE EXERCISE OF ANY RIGHTS
GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION.
9. GOVERNING LAW AND LEGAL ACTION.
9.1. This License shall be governed by and construed in accordance with the laws of the
Governing Jurisdiction assigned in Part 3 of Exhibit A, without regard to its conflict of
law provisions. No party may bring a legal action under this License more than one year
after the cause of the action arose. Each party waives its rights (if any) to a jury trial in
any litigation arising under this License. Note that if the Governing Jurisdiction is not
assigned in Part 3 of Exhibit A, then the Governing Jurisdiction shall be the State of New
York.
9.2. The courts of the Governing Jurisdiction shall have jurisdiction, but not exclusive
jurisdiction, to entertain and determine all disputes and claims, whether for specific
performance, injunction, damages or otherwise, both at law and in equity, arising out of
or in any way relating to this License, including without limitation, the legality, validity,
existence and enforceability of this License. Each party to this License hereby
irrevocably attorns to and accepts the jurisdiction of the courts of the Governing
Jurisdiction for such purposes.
9.3. Except as expressly set forth elsewhere herein, in the event of any action or
proceeding brought by any party against another under this License the prevailing party
shall be entitled to recover all costs and expenses including the fees of its attorneys in
such action or proceeding in such amount as the court may adjudge reasonable.
10. MISCELLANEOUS.
10.1. The obligations imposed by this License are for the benefit of the Initial
Contributor and any Recipient, and each Recipient acknowledges and agrees that the
Initial Contributor and/or any other Recipient may enforce the terms and conditions of
this License against any Recipient.
10.2. This License represents the complete agreement concerning subject matter hereof,
and supersedes and cancels all previous oral and written communications,
representations, agreements and understandings between the parties with respect to the
subject matter hereof.
10.3. The application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded.
10.4. The language in all parts of this License shall be in all cases construed simply
according to its fair meaning, and not strictly for or against any of the parties hereto. Any
law or regulation which provides that the language of a contract shall be construed
against the drafter shall not apply to this License.
10.5. If any provision of this License is invalid or unenforceable under the laws of the
Governing Jurisdiction, it shall not affect the validity or enforceability of the remainder
of the terms of this License, and without further action by the parties hereto, such
provision shall be reformed to the minimum extent necessary to make such provision
valid and enforceable.
10.6. The paragraph headings of this License are for reference and convenience only and
are not a part of this License, and they shall have no effect upon the construction or
interpretation of any part hereof.
10.7. Each of the terms "including", "include" and "includes", when used in this License,
is not limiting whether or not non-limiting language (such as "without limitation" or "but
not limited to" or words of similar import) is used with reference thereto.
10.8. The parties hereto acknowledge they have expressly required that this License and
notices relating thereto be drafted in the English language.
//***THE LICENSE TERMS END HERE (OTHER THAN AS SET OUT IN EXHIBIT
//A).***//
EXHIBIT A (to the Adaptive Public License)
PART 1: INITIAL CONTRIBUTOR AND DESIGNATED WEB SITE The Initial
Contributor is: MusicIP Corporation (www.musicip.com)
Address of Initial Contributor:
605 E. Huntington Dr., Suite 201
Monrovia, California, 91016 USA
+1 (626) 359-9702
[Enter address above]
The Designated Web Site is: http://www.musicdns.org/
NOTE: The Initial Contributor is to complete this Part 1, along with Parts 2, 3, and 5,
and, if applicable, Parts 4 and 6.
PART 2: INITIAL WORK
The Initial Work comprises the computer program(s) distributed by the Initial
Contributor having the following title(s): ___LIBOFA (Open Fingerprint Architecture
Library 1.0)__.
The date on which the Initial Work was first available under this License: __March 11th,
2006____
PART 3: GOVERNING JURISDICTION
For the purposes of this License, the Governing Jurisdiction is State of California, USA.
PART 4: THIRD PARTIES
For the purposes of this License, "Third Party" has the definition set forth below in the
ONE paragraph selected by the Initial Contributor from paragraphs A, B, C, D and E
when the Initial Work is distributed or otherwise made available by the Initial
Contributor. To select one of the following paragraphs, the Initial Contributor must place
an "X" or "x" in the selection box alongside the one respective paragraph selected.
SELECTION BOX PARAGRAPH [ ] A. "THIRD PARTY" means any third party.
[X] B. "THIRD PARTY" means any third party except for any of the following: (a) a
wholly owned subsidiary of the Subsequent Contributor in question; (b) a legal entity (the
"PARENT") that wholly owns the Subsequent Contributor in question; or (c) a wholly
owned subsidiary of the wholly owned subsidiary in (a) or of the Parent in (b).
[ ] C. "THIRD PARTY" means any third party except for any of the following: (a)
any Person directly or indirectly owning a majority of the voting interest in the
Subsequent Contributor or (b) any Person in which the Subsequent Contributor directly
or indirectly owns a majority voting interest.
[ ] D. "THIRD PARTY" means any third party except for any Person directly or
indirectly controlled by the Subsequent Contributor. For purposes of this definition,
"control" shall mean the power to direct or cause the direction of, the management and
policies of such Person whether through the ownership of voting interests, by contract, or
otherwise.
[ ] E. "THIRD PARTY" means any third party except for any Person directly or
indirectly controlling, controlled by, or under common control with the Subsequent
Contributor. For purposes of this definition, "control" shall mean the power to direct or
cause the direction of, the management and policies of such Person whether through the
ownership of voting interests, by contract, or otherwise.
The default definition of "THIRD PARTY" is the definition set forth in paragraph A, if
NONE OR MORE THAN ONE of paragraphs A, B, C, D or E in this Part 4 are selected
by the Initial Contributor.
PART 5: NOTICE
THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THE ADAPTIVE
PUBLIC LICENSE ("LICENSE") AS FIRST COMPLETED BY: MusicIP Corporation,
Doing Business As MusicIP. ANY USE, PUBLIC DISPLAY, PUBLIC
PERFORMANCE, REPRODUCTION OR DISTRIBUTION OF, OR PREPARATION
OF DERIVATIVE WORKS BASED ON, THE LICENSED WORK CONSTITUTES
RECIPIENT'S ACCEPTANCE OF THIS LICENSE AND ITS TERMS, WHETHER OR
NOT SUCH RECIPIENT READS THE TERMS OF THE LICENSE. "LICENSED
WORK" AND "RECIPIENT" ARE DEFINED IN THE LICENSE. A COPY OF THE
LICENSE IS LOCATED IN THE TEXT FILE ENTITLED "LICENSE.TXT"
ACCOMPANYING THE CONTENTS OF THIS FILE. IF A COPY OF THE LICENSE
DOES NOT ACCOMPANY THIS FILE, A COPY OF THE LICENSE MAY ALSO BE
OBTAINED AT THE FOLLOWING WEB SITE: http://www.musicdns.org/
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT
WARRANTY OF ANY KIND, either express or implied. See the License for the specific
language governing rights and limitations under the License.
PART 6: PATENT LICENSING TERMS
For the purposes of this License, paragraphs A, B, C, D and E of this Part 6 of Exhibit A
are only incorporated and form part of the terms of the License if the Initial Contributor
places an "X" or "x" in the selection box alongside the YES answer to the question
immediately below.
Is this a Patents-Included License pursuant to Section 2.2 of the License?
YES [ ] NO [X]
By default, if YES is not selected by the Initial Contributor, the answer is NO.
A. For the purposes of the paragraphs in this Part 6 of Exhibit A, "LICENSABLE"
means having the right to grant, to the maximum extent possible, whether at the time of
the initial grant or subsequently acquired, any and all of the rights granted herein.
B. The Initial Contributor hereby grants all Recipients a world-wide, royalty-free, non-
exclusive license, subject to third party intellectual property claims, under patent claim(s)
Licensable by the Initial Contributor that are or would be infringed by the making, using,
selling, offering for sale, having made, importing, exporting, transfer or disposal of such
Initial Work or any portion thereof. Notwithstanding the foregoing, no patent license is
granted under this Paragraph B by the Initial Contributor: (1) for any code that the Initial
Contributor deletes from the Initial Work (or any portion thereof) distributed by the
Initial Contributor prior to such distribution; (2) for any Modifications made to the Initial
Work (or any portion thereof) by any other Person; or (3) separate from the Initial Work
(or portions thereof) distributed or made available by the Initial Contributor.
C. Effective upon distribution by a Subsequent Contributor to a Third Party of any
Modifications made by that Subsequent Contributor, such Subsequent Contributor hereby
grants all Recipients a world-wide, royalty-free, non-exclusive license, subject to third
party intellectual property claims, under patent claim(s) Licensable by such Subsequent
Contributor that are or would be infringed by the making, using, selling, offering for sale,
having made, importing, exporting, transfer or disposal of any such Modifications made
by that Subsequent Contributor alone and/or in combination with its Subsequent Work
(or portions of such combination) to make, use, sell, offer for sale, have made, import,
export, transfer and otherwise dispose of:
(1) Modifications made by that Subsequent Contributor (or portions thereof); and
(2) the combination of Modifications made by that Subsequent Contributor with its
Subsequent Work (or portions of such combination);
(collectively and in each case, the "SUBSEQUENT CONTRIBUTOR VERSION").
Notwithstanding the foregoing, no patent license is granted under this Paragraph C by
such Subsequent Contributor: (1) for any code that such Subsequent Contributor deletes
from the Subsequent Contributor Version (or any portion thereof) distributed by the
Subsequent Contributor prior to such distribution; (2) for any Modifications made to the
Subsequent Contributor Version (or any portion thereof) by any other Person; or (3)
separate from the Subsequent Contributor Version (or portions thereof) distributed or
made available by the Subsequent Contributor.
D. Effective upon distribution of any Licensed Work by a Distributor to a Third Party,
such Distributor hereby grants all Recipients a world-wide, royalty-free, non-exclusive
license, subject to third party intellectual property claims, under patent claim(s)
Licensable by such Distributor that are or would be infringed by the making, using,
selling, offering for sale, having made, importing, exporting, transfer or disposal of any
such Licensed Work distributed by such Distributor, to make, use, sell, offer for sale,
have made, import, export, transfer and otherwise dispose of such Licensed Work or
portions thereof (collectively and in each case, the "DISTRIBUTOR VERSION").
Notwithstanding the foregoing, no patent license is granted under this Paragraph D by
such Distributor: (1) for any code that such Distributor deletes from the Distributor
Version (or any portion thereof) distributed by the Distributor prior to such distribution;
(2) for any Modifications made to the Distributor Version (or any portion thereof) by any
other Person; or (3) separate from the Distributor Version (or portions thereof) distributed
or made available by the Distributor.
E. If Recipient institutes patent litigation against another Recipient (a "USER") with
respect to a patent applicable to a computer program or software (including a cross-claim
or counterclaim in a lawsuit, and whether or not any of the patent claims are directed to a
system, method, process, apparatus, device, product, article of manufacture or any other
form of patent claim), then any patent or copyright license granted by that User to such
Recipient under this License or any other copy of this License shall terminate. The
termination shall be effective ninety (90) days after notice of termination from User to
Recipient, unless the Recipient withdraws the patent litigation claim before the end of the
ninety (90) day period. To be effective, any such notice of license termination must
include a specific list of applicable patents and/or a copy of the copyrighted work of User
that User alleges will be infringed by Recipient upon License termination. License
termination is only effective with respect to patents and/or copyrights for which proper
notice has been given.
PART 7: SAMPLE REQUIREMENTS FOR THE DESCRIPTION OF DISTRIBUTED
MODIFICATIONS
Each Subsequent Contributor (including the Initial Contributor where the Initial
Contributor qualifies as a Subsequent Contributor) is invited (but not required) to cause
each Subsequent Work created or contributed to by that Subsequent Contributor to
contain a file documenting the changes such Subsequent Contributor made to create that
Subsequent Work and the date of any change.
//***EXHIBIT A ENDS HERE.***//
-- with the following supplement --
Supplemental Text file for Open Fingerprint Architecture library (LIBOFA) distributed
under Adaptive Public License 1.0
Per Section 3.10, LIMITED RECOGNITION OF INITIAL CONTRIBUTOR
(a) As a modest attribution to the Initial Contributor, in the hope that its promotional
value may help justify the time, money and effort invested in writing the Initial Work, the
Initial Contributor may include in Part 2 of the Supplement File a requirement that each
time an executable program resulting from the Initial Work or any Subsequent Work, or a
program dependent thereon, is launched or run, a prominent display of the Initial
Contributor's attribution information must occur (the "ATTRIBUTION
INFORMATION"). The Attribution Information must be included at the beginning of
each Source Code file. For greater certainty, the Initial Contributor may specify in the
Supplement File that the above attribution requirement only applies to an executable
program resulting from the Initial Work or any Subsequent Work, but not a program
dependent thereon. The intent is to provide for reasonably modest attribution, therefore
the Initial Contributor may not require Recipients to display, at any time, more than the
following Attribution Information: (a) a copyright notice including the name of the Initial
Contributor; (b) a word or one phrase (not exceeding 10 words); (c) one digital image or
graphic provided with the Initial Work; and (d) a URL (collectively, the
"ATTRIBUTION LIMITS").
The attribution requested by MusicIP for this source code is:
(c) a digital imageconnected_by_musicip.gif or connected_by_musicip.png included
with this source code, also available from
http://www.musicip.com/connected_by_musicip.gif or
http://www.musicip.com/connected_by_musicip.png
(d) a URL. The image should be hyperlinked to http://www.musicip.com/
MusicIP requests that the image be legibly presented against a contrasting (light)
background color such as white or light grey.

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@ -1,367 +0,0 @@
APPLE PUBLIC SOURCE LICENSE
Version 2.0 - August 6, 2003
Please read this License carefully before downloading this software.
By downloading or using this software, you are agreeing to be bound by
the terms of this License. If you do not or cannot agree to the terms
of this License, please do not download or use the software.
1. General; Definitions. This License applies to any program or other
work which Apple Computer, Inc. ("Apple") makes publicly available and
which contains a notice placed by Apple identifying such program or
work as "Original Code" and stating that it is subject to the terms of
this Apple Public Source License version 2.0 ("License"). As used in
this License:
1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is
the grantor of rights, (i) claims of patents that are now or hereafter
acquired, owned by or assigned to Apple and (ii) that cover subject
matter contained in the Original Code, but only to the extent
necessary to use, reproduce and/or distribute the Original Code
without infringement; and (b) in the case where You are the grantor of
rights, (i) claims of patents that are now or hereafter acquired,
owned by or assigned to You and (ii) that cover subject matter in Your
Modifications, taken alone or in combination with Original Code.
1.2 "Contributor" means any person or entity that creates or
contributes to the creation of Modifications.
1.3 "Covered Code" means the Original Code, Modifications, the
combination of Original Code and any Modifications, and/or any
respective portions thereof.
1.4 "Externally Deploy" means: (a) to sublicense, distribute or
otherwise make Covered Code available, directly or indirectly, to
anyone other than You; and/or (b) to use Covered Code, alone or as
part of a Larger Work, in any way to provide a service, including but
not limited to delivery of content, through electronic communication
with a client other than You.
1.5 "Larger Work" means a work which combines Covered Code or portions
thereof with code not governed by the terms of this License.
1.6 "Modifications" mean any addition to, deletion from, and/or change
to, the substance and/or structure of the Original Code, any previous
Modifications, the combination of Original Code and any previous
Modifications, and/or any respective portions thereof. When code is
released as a series of files, a Modification is: (a) any addition to
or deletion from the contents of a file containing Covered Code;
and/or (b) any new file or other representation of computer program
statements that contains any part of Covered Code.
1.7 "Original Code" means (a) the Source Code of a program or other
work as originally made available by Apple under this License,
including the Source Code of any updates or upgrades to such programs
or works made available by Apple under this License, and that has been
expressly identified by Apple as such in the header file(s) of such
work; and (b) the object code compiled from such Source Code and
originally made available by Apple under this License.
1.8 "Source Code" means the human readable form of a program or other
work that is suitable for making modifications to it, including all
modules it contains, plus any associated interface definition files,
scripts used to control compilation and installation of an executable
(object code).
1.9 "You" or "Your" means an individual or a legal entity exercising
rights under this License. For legal entities, "You" or "Your"
includes any entity which controls, is controlled by, or is under
common control with, You, where "control" means (a) the power, direct
or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (b) ownership of fifty percent
(50%) or more of the outstanding shares or beneficial ownership of
such entity.
2. Permitted Uses; Conditions & Restrictions. Subject to the terms
and conditions of this License, Apple hereby grants You, effective on
the date You accept this License and download the Original Code, a
world-wide, royalty-free, non-exclusive license, to the extent of
Apple's Applicable Patent Rights and copyrights covering the Original
Code, to do the following:
2.1 Unmodified Code. You may use, reproduce, display, perform,
internally distribute within Your organization, and Externally Deploy
verbatim, unmodified copies of the Original Code, for commercial or
non-commercial purposes, provided that in each instance:
(a) You must retain and reproduce in all copies of Original Code the
copyright and other proprietary notices and disclaimers of Apple as
they appear in the Original Code, and keep intact all notices in the
Original Code that refer to this License; and
(b) You must include a copy of this License with every copy of Source
Code of Covered Code and documentation You distribute or Externally
Deploy, and You may not offer or impose any terms on such Source Code
that alter or restrict this License or the recipients' rights
hereunder, except as permitted under Section 6.
2.2 Modified Code. You may modify Covered Code and use, reproduce,
display, perform, internally distribute within Your organization, and
Externally Deploy Your Modifications and Covered Code, for commercial
or non-commercial purposes, provided that in each instance You also
meet all of these conditions:
(a) You must satisfy all the conditions of Section 2.1 with respect to
the Source Code of the Covered Code;
(b) You must duplicate, to the extent it does not already exist, the
notice in Exhibit A in each file of the Source Code of all Your
Modifications, and cause the modified files to carry prominent notices
stating that You changed the files and the date of any change; and
(c) If You Externally Deploy Your Modifications, You must make
Source Code of all Your Externally Deployed Modifications either
available to those to whom You have Externally Deployed Your
Modifications, or publicly available. Source Code of Your Externally
Deployed Modifications must be released under the terms set forth in
this License, including the license grants set forth in Section 3
below, for as long as you Externally Deploy the Covered Code or twelve
(12) months from the date of initial External Deployment, whichever is
longer. You should preferably distribute the Source Code of Your
Externally Deployed Modifications electronically (e.g. download from a
web site).
2.3 Distribution of Executable Versions. In addition, if You
Externally Deploy Covered Code (Original Code and/or Modifications) in
object code, executable form only, You must include a prominent
notice, in the code itself as well as in related documentation,
stating that Source Code of the Covered Code is available under the
terms of this License with information on how and where to obtain such
Source Code.
2.4 Third Party Rights. You expressly acknowledge and agree that
although Apple and each Contributor grants the licenses to their
respective portions of the Covered Code set forth herein, no
assurances are provided by Apple or any Contributor that the Covered
Code does not infringe the patent or other intellectual property
rights of any other entity. Apple and each Contributor disclaim any
liability to You for claims brought by any other entity based on
infringement of intellectual property rights or otherwise. As a
condition to exercising the rights and licenses granted hereunder, You
hereby assume sole responsibility to secure any other intellectual
property rights needed, if any. For example, if a third party patent
license is required to allow You to distribute the Covered Code, it is
Your responsibility to acquire that license before distributing the
Covered Code.
3. Your Grants. In consideration of, and as a condition to, the
licenses granted to You under this License, You hereby grant to any
person or entity receiving or distributing Covered Code under this
License a non-exclusive, royalty-free, perpetual, irrevocable license,
under Your Applicable Patent Rights and other intellectual property
rights (other than patent) owned or controlled by You, to use,
reproduce, display, perform, modify, sublicense, distribute and
Externally Deploy Your Modifications of the same scope and extent as
Apple's licenses under Sections 2.1 and 2.2 above.
4. Larger Works. You may create a Larger Work by combining Covered
Code with other code not governed by the terms of this License and
distribute the Larger Work as a single product. In each such instance,
You must make sure the requirements of this License are fulfilled for
the Covered Code or any portion thereof.
5. Limitations on Patent License. Except as expressly stated in
Section 2, no other patent rights, express or implied, are granted by
Apple herein. Modifications and/or Larger Works may require additional
patent licenses from Apple which Apple may grant in its sole
discretion.
6. Additional Terms. You may choose to offer, and to charge a fee for,
warranty, support, indemnity or liability obligations and/or other
rights consistent with the scope of the license granted herein
("Additional Terms") to one or more recipients of Covered Code.
However, You may do so only on Your own behalf and as Your sole
responsibility, and not on behalf of Apple or any Contributor. You
must obtain the recipient's agreement that any such Additional Terms
are offered by You alone, and You hereby agree to indemnify, defend
and hold Apple and every Contributor harmless for any liability
incurred by or claims asserted against Apple or such Contributor by
reason of any such Additional Terms.
7. Versions of the License. Apple may publish revised and/or new
versions of this License from time to time. Each version will be given
a distinguishing version number. Once Original Code has been published
under a particular version of this License, You may continue to use it
under the terms of that version. You may also choose to use such
Original Code under the terms of any subsequent version of this
License published by Apple. No one other than Apple has the right to
modify the terms applicable to Covered Code created under this
License.
8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in
part pre-release, untested, or not fully tested works. The Covered
Code may contain errors that could cause failures or loss of data, and
may be incomplete or contain inaccuracies. You expressly acknowledge
and agree that use of the Covered Code, or any portion thereof, is at
Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND
WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND
APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE
PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM
ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR
PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD
PARTY RIGHTS. APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE
FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS,
THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE
AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY.
You acknowledge that the Covered Code is not intended for use in the
operation of nuclear facilities, aircraft navigation, communication
systems, or air traffic control machines in which case the failure of
the Covered Code could lead to death, personal injury, or severe
physical or environmental damage.
9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
EVENT SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL,
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING
TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR
ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF
APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY
REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY
TO YOU. In no event shall Apple's total liability to You for all
damages (other than as may be required by applicable law) under this
License exceed the amount of fifty dollars ($50.00).
10. Trademarks. This License does not grant any rights to use the
trademarks or trade names "Apple", "Apple Computer", "Mac", "Mac OS",
"QuickTime", "QuickTime Streaming Server" or any other trademarks,
service marks, logos or trade names belonging to Apple (collectively
"Apple Marks") or to any trademark, service mark, logo or trade name
belonging to any Contributor. You agree not to use any Apple Marks in
or as part of the name of products derived from the Original Code or
to endorse or promote products derived from the Original Code other
than as expressly permitted by and in strict compliance at all times
with Apple's third party trademark usage guidelines which are posted
at http://www.apple.com/legal/guidelinesfor3rdparties.html.
11. Ownership. Subject to the licenses granted under this License,
each Contributor retains all rights, title and interest in and to any
Modifications made by such Contributor. Apple retains all rights,
title and interest in and to the Original Code and any Modifications
made by or on behalf of Apple ("Apple Modifications"), and such Apple
Modifications will not be automatically subject to this License. Apple
may, at its sole discretion, choose to license such Apple
Modifications under this License, or on different terms from those
contained in this License or may choose not to license them at all.
12. Termination.
12.1 Termination. This License and the rights granted hereunder will
terminate:
(a) automatically without notice from Apple if You fail to comply with
any term(s) of this License and fail to cure such breach within 30
days of becoming aware of such breach;
(b) immediately in the event of the circumstances described in Section
13.5(b); or
(c) automatically without notice from Apple if You, at any time during
the term of this License, commence an action for patent infringement
against Apple; provided that Apple did not first commence
an action for patent infringement against You in that instance.
12.2 Effect of Termination. Upon termination, You agree to immediately
stop any further use, reproduction, modification, sublicensing and
distribution of the Covered Code. All sublicenses to the Covered Code
which have been properly granted prior to termination shall survive
any termination of this License. Provisions which, by their nature,
should remain in effect beyond the termination of this License shall
survive, including but not limited to Sections 3, 5, 8, 9, 10, 11,
12.2 and 13. No party will be liable to any other for compensation,
indemnity or damages of any sort solely as a result of terminating
this License in accordance with its terms, and termination of this
License will be without prejudice to any other right or remedy of
any party.
13. Miscellaneous.
13.1 Government End Users. The Covered Code is a "commercial item" as
defined in FAR 2.101. Government software and technical data rights in
the Covered Code include only those rights customarily provided to the
public as defined in this License. This customary commercial license
in technical data and software is provided in accordance with FAR
12.211 (Technical Data) and 12.212 (Computer Software) and, for
Department of Defense purchases, DFAR 252.227-7015 (Technical Data --
Commercial Items) and 227.7202-3 (Rights in Commercial Computer
Software or Computer Software Documentation). Accordingly, all U.S.
Government End Users acquire Covered Code with only those rights set
forth herein.
13.2 Relationship of Parties. This License will not be construed as
creating an agency, partnership, joint venture or any other form of
legal association between or among You, Apple or any Contributor, and
You will not represent to the contrary, whether expressly, by
implication, appearance or otherwise.
13.3 Independent Development. Nothing in this License will impair
Apple's right to acquire, license, develop, have others develop for
it, market and/or distribute technology or products that perform the
same or similar functions as, or otherwise compete with,
Modifications, Larger Works, technology or products that You may
develop, produce, market or distribute.
13.4 Waiver; Construction. Failure by Apple or any Contributor to
enforce any provision of this License will not be deemed a waiver of
future enforcement of that or any other provision. Any law or
regulation which provides that the language of a contract shall be
construed against the drafter will not apply to this License.
13.5 Severability. (a) If for any reason a court of competent
jurisdiction finds any provision of this License, or portion thereof,
to be unenforceable, that provision of the License will be enforced to
the maximum extent permissible so as to effect the economic benefits
and intent of the parties, and the remainder of this License will
continue in full force and effect. (b) Notwithstanding the foregoing,
if applicable law prohibits or restricts You from fully and/or
specifically complying with Sections 2 and/or 3 or prevents the
enforceability of either of those Sections, this License will
immediately terminate and You must immediately discontinue any use of
the Covered Code and destroy all copies of it that are in your
possession or control.
13.6 Dispute Resolution. Any litigation or other dispute resolution
between You and Apple relating to this License shall take place in the
Northern District of California, and You and Apple hereby consent to
the personal jurisdiction of, and venue in, the state and federal
courts within that District with respect to this License. The
application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded.
13.7 Entire Agreement; Governing Law. This License constitutes the
entire agreement between the parties with respect to the subject
matter hereof. This License shall be governed by the laws of the
United States and the State of California, except that body of
California law concerning conflicts of law.
Where You are located in the province of Quebec, Canada, the following
clause applies: The parties hereby confirm that they have requested
that this License and all related documents be drafted in English. Les
parties ont exige que le present contrat et tous les documents
connexes soient rediges en anglais.
EXHIBIT A.
"Portions Copyright (c) 1999-2003 Apple Computer, Inc. All Rights
Reserved.
This file contains Original Code and/or Modifications of Original Code
as defined in and that are subject to the Apple Public Source License
Version 2.0 (the 'License'). You may not use this file except in
compliance with the License. Please obtain a copy of the License at
http://www.opensource.apple.com/apsl/ and read it before using this
file.
The Original Code and all software distributed under the License are
distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES,
INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
Please see the License for the specific language governing rights and
limitations under the License."

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AVASYS PUBLIC LICENSE
2008-04-01
This License applies to any program or other work identified as such
at the point of distribution and/or in a suitable location in the
sources for a work including it, for example in a README file. Such
sources should include a verbatim copy of this License.
The "Program", below, refers to any program or work covered by this
License; each "Licensee" is addressed as "you".
You may use, reproduce, modify and distribute the Program subject to
the terms and conditions below.
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
1. Copyright of the Program is reserved by AVASYS Corporation and
its Licensor(s).
2. You may freely reproduce and distribute verbatim copies of the
Program in any medium, provided that recipients of such copies
are given a copy of this License. Verbatim copies are covered
by the terms of this License.
3. You may modify the Program and freely distribute your modified
version(s), provided that you distribute it under the terms of
this License. Recipients of any modified version(s) should be
provided with a copy of this License.
4. You shall treat those parts of the Program that were provided
to you in executable or object code only as the proprietary
and confidential information of AVASYS Corporation and its
Licensor(s).
5. You may neither reverse engineer, reverse compile, reverse
assemble nor otherwise attempt to analyse those parts of the
Program that were provided to you in executable or object code
only. However, as a special exception AVASYS Corporation and
its Licensor(s) give permission to reverse engineer the
Program in those cases, and only those cases, where this is
required by the terms stipulated in the GNU Library General
Public License or GNU Lesser General Public License, both as
published by the Free Software Foundation; either version 2 of
the former license, version 2.1 of the latter license, or (at
your option) any later version.
6. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO
WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE
LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING, THE COPYRIGHT
HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION.
7. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY
MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE
LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS
OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH
ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS

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SOFTWARE LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY: USE OF THIS PROGRAM IS SUBJECT TO THE SOFTWARE
LICENSE TERMS SET FORTH BELOW. "PROGRAM" INCLUDES ALL SOFTWARE INCLUDED WITH
THIS AGREEMENT, THE ASSOCIATED MEDIA, ANY PRINTED MATERIALS, AND ANY ON-LINE OR
ELECTRONIC DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND MATERIALS.
BY OPENING THIS PACKAGE, INSTALLING, AND/OR USING THE PROGRAM AND ANY SOFTWARE
PRGRAMS INCLUDED WITHIN, YOU ACCEPT THE TERMS OF THIS LICENSE WITH ACTIVISION,
INC. ("ACTIVISION").
LIMITED USE LICENSE. Subject to the conditions described below, Activision
grants you the non-exclusive, non-transferable, limited right and license to
install and use one copy of this Program solely and exclusively for your
personal use. All rights not specifically granted under this Agreement are
reserved by Activision and, as applicable, Activision's licensors. This Program
is licensed, not sold, for your use. Your license confers no title or ownership
in this Program and should not be construed as a sale of any rights in this
Program.
LICENSE CONDITIONS.
You shall not:
o Exploit this Program or any of its parts commercially.
o Use this Program, or permit use of this Program, on more than one computer,
computer terminal, or workstation at the same time.
o Make copies of this Program or any part thereof, or make copies of the
materials accompanying this Program.
o Use the program, or permit use of this Program, in a network, multi-user
arrangement or remote access arrangement, including any online use, except as
otherwise explicitly provided by this Program.
o Sell, rent, lease or license any copies of this Program, without the express
prior written consent of Activision.
o Remove, disable or circumvent any proprietary notices or labels contained on
or within the Program.
OWNERSHIP. All title, ownership rights and intellectual property rights in and
to this Program and any and all copies thereof (including but not limited to any
titles, computer code, themes, objects, characters, character names, stories,
dialog, catch phrases, locations, concepts, artwork, animation, sounds, musical
compositions, audio-visual effects, methods of operation, moral rights, any
related documentation, and "applets" incorporated into this Program) are owned
by Activision, affiliates of Activision or Activision's licensors. This Program
is protected by the copyright laws of the United States, international copyright
treaties and conventions and other laws. This Program contains certain licensed
materials and Activision's licensors may protect their rights in the event of
any violation of this Agreement.
PROGRAM UTILITIES. This Program contains certain design, programming and
processing utilities, tools, assets and other resources ("Program Utilities")
for use with this Program that allow you to create customized new game levels
and other related game materials for personal use in connection with the Program
("New Game Materials"). The use of the Program Utilities is subject to the
following additional license restrictions:
" You agree that, as a condition to your using the Program Utilities, you will
not use or allow third parties to use the Program Utilities and the New Game
Materials created by you for any commercial purposes, including but not limited
to selling, renting, leasing, licensing, distributing, or otherwise transferring
the ownership of such New Game Materials, whether on a stand alone basis or
packaged in combination with the New Game Materials created by others, through
any and all distribution channels, including, without limitation, retail sales
and on-line electronic distribution. You agree not to solicit, initiate or
encourage any proposal or offer from any person or entity to create any New Game
Materials for commercial distribution. You agree to promptly inform Activision
in writing of any instances of your receipt of any such proposal or offer.
" If you decide to make available the use of the New Game Materials created by
you to other gamers, you agree to do so solely without charge.
" New Game Materials may be created only if such New Game Materials can be used
exclusively in combination with the retail version of the Program. New Game
Materials may not be designed to be used as a stand-alone product.
" New Game Materials must not contain any illegal, obscene or defamatory
materials, materials that infringe rights of privacy and publicity of third
parties or (without appropriate irrevocable licenses granted specifically for
that purpose) any trademarks, copyright-protected works or other properties of
third parties.
" All New Game Materials must contain prominent identification at least in any
on-line description and with reasonable duration on the opening screen: (a) the
name and E-mail address of the New Game Materials' creator(s) and (b) the words
"THIS MATERIAL IS NOT MADE OR SUPPORTED BY ACTIVISION."
WARRANTY INFORMATION. THIS PROGRAM IS PROVIDED AS IS. ACTIVISION AND ITS
AFFILIATES MAKE NO WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND
SHALL BE BINDING ON OR OBLIGATE ACTIVISION OR ITS AFFILIATES.
LIMITATION ON DAMAGES. IN NO EVENT WILL ACTIVISION OR ANY AFFILIATES OF
ACTIVISION BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING
FROM POSSESSION, USE OR MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO
PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT
PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF ACTIVISION HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACTIVISION'S LIABILITY SHALL NOT
EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS PROGRAM. SOME
STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS
AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITAIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY
TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER
RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
TERMINATION. Without prejudice to any other rights of Activision, this Agreement
will terminate automatically if you fail to comply with its terms and
conditions. In such event, you must destroy all copies of this Program and all
of its component parts.
U.S. GOVERNMENT RESTRICTED RIGHTS. The Program and documentation have been
developed entirely at private expense and are provided as "Commercial Computer
Software" or "restricted computer software." Use, duplication or disclosure by
the U.S. Government or a U.S. Government subcontractor is subject to the
restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in
subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted
Rights clauses at FAR 52.227-19, as applicable. The Contractor/Manufacturer is
Activision, Inc., 3100 Ocean Park Boulevard, Santa Monica, California 90405.
INJUNCTION. Because Activision would be irreparably damaged if the terms of this
Agreement were not specifically enforced, you agree that Activision shall be
entitled, without bond, other security or proof of damages, to appropriate
equitable remedies with respect to breaches of this Agreement, in addition to
such other remedies as Activision may otherwise have under applicable laws.
INDEMNITY. You agree to indemnify, defend and hold Activision, its partners,
affiliates, licensors, contractors, officers, directors, employees and agents
harmless from all damages, losses and expenses arising directly or indirectly
from your acts and omissions to act in using the Product pursuant to the terms
of this Agreement
MISCELLANEOUS. This Agreement represents the complete agreement concerning this
license between the parties and supersedes all prior agreements and
representations between them. It may be amended only by a writing executed by
both parties. If any provision of this Agreement is held to be unenforceable for
any reason, such provision shall be reformed only to the extent necessary to
make it enforceable and the remaining provisions of this Agreement shall not be
affected. This Agreement shall be construed under California law as such law is
applied to agreements between California residents entered into and to be
performed within California, except as governed by federal law and you consent
to the exclusive jurisdiction of the state and federal courts in Los Angeles,
California.
If you have any questions concerning this license, you may contact Activision at
3100 Ocean Park Boulevard, Santa Monica, California 90405, (310) 255-2000,
Attn. Business and Legal Affairs, legal@activision.com

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Source code and other software components explicitly identified as
Copyright TransGaming Technologies Inc. is covered by the license
below. Other source code and software components are covered by the
Wine license, found in the LICENSE.winehq file.
Aladdin Free Public License
(Version 9, September 18, 2000)
Copyright (C) 1994, 1995, 1997, 1998, 1999, 2000 Aladdin Enterprises,
Menlo Park, California, U.S.A. All rights reserved.
NOTE: This License is not the same as any of the GNU Licenses
published by the Free Software Foundation. Its terms are
substantially different from those of the GNU Licenses. If you are
familiar with the GNU Licenses, please read this license with
extra care.
Aladdin Enterprises hereby grants to anyone the permission to apply this
License to their own work, as long as the entire License (including the
above notices and this paragraph) is copied with no changes, additions, or
deletions except for changing the first paragraph of Section 0 to include a
suitable description of the work to which the license is being applied and
of the person or entity that holds the copyright in the work, and, if the
License is being applied to a work created in a country other than the
United States, replacing the first paragraph of Section 6 with an
appropriate reference to the laws of the appropriate country.
This License is not an Open Source license: among other things, it places
restrictions on distribution of the Program, specifically including sale of
the Program. While Aladdin Enterprises respects and supports the philosophy
of the Open Source Definition, and shares the desire of the GNU project to
keep licensed software freely redistributable in both source and object
form, we feel that Open Source licenses unfairly prevent developers of
useful software from being compensated proportionately when others profit
financially from their work. This License attempts to ensure that those who
receive, redistribute, and contribute to the licensed Program according to
the Open Source and Free Software philosophies have the right to do so,
while retaining for the developer(s) of the Program the power to make those
who use the Program to enhance the value of commercial products pay for the
privilege of doing so.
0. Subject Matter
This License applies to the computer program known as "TransGaming WineX".
The "Program", below, refers to such program. The Program is a copyrighted
work whose copyright is held by TransGaming Technologies Inc., located in
Ottawa, Ontario, Canada (the "Licensor"). Please note that "TransGaming
WineX" is a derivative of the Wine project, consisting of new code for
several Wine components, including but not limited to portions of the
contents of the following subdirectories: dlls/ddraw, dlls/dsound, and
dlls/dinput.
A "work based on the Program" means either the Program or any derivative
work of the Program, as defined in the United States Copyright Act of 1976,
such as a translation or a modification.
BY MODIFYING OR DISTRIBUTING THE PROGRAM (OR ANY WORK BASED ON THE PROGRAM),
YOU INDICATE YOUR ACCEPTANCE OF THIS LICENSE TO DO SO, AND ALL ITS TERMS AND
CONDITIONS FOR COPYING, DISTRIBUTING OR MODIFYING THE PROGRAM OR WORKS BASED
ON IT. NOTHING OTHER THAN THIS LICENSE GRANTS YOU PERMISSION TO MODIFY OR
DISTRIBUTE THE PROGRAM OR ITS DERIVATIVE WORKS. THESE ACTIONS ARE PROHIBITED
BY LAW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT MODIFY OR
DISTRIBUTE THE PROGRAM.
1. Licenses.
Licensor hereby grants you the following rights, provided that you comply
with all of the restrictions set forth in this License and provided,
further, that you distribute an unmodified copy of this License with the
Program:
(a) You may copy and distribute literal (i.e., verbatim) copies of the
Program's source code as you receive it throughout the world, in any
medium.
(b) You may modify the Program, create works based on the Program and
distribute copies of such throughout the world, in any medium.
2. Restrictions.
This license is subject to the following restrictions:
(a) Distribution of the Program or any work based on the Program by a
commercial organization to any third party is prohibited if any payment
is made in connection with such distribution, whether directly (as in
payment for a copy of the Program) or indirectly (as in payment for
some service related to the Program, or payment for some product or
service that includes a copy of the Program "without charge"; these
are only examples, and not an exhaustive enumeration of prohibited
activities). The following methods of distribution involving payment
shall not in and of themselves be a violation of this restriction:
(i) Posting the Program on a public access information storage and
retrieval service for which a fee is received for retrieving
information (such as an on-line service), provided that the fee
is not content-dependent (i.e., the fee would be the same for
retrieving the same volume of information consisting of random
data) and that access to the service and to the Program is
available independent of any other product or service. An
example of a service that does not fall under this section is
an on-line service that is operated by a company and that is only
available to customers of that company. (This is not an exhaustive
enumeration.)
(ii) Distributing the Program on removable computer-readable media,
provided that the files containing the Program are reproduced
entirely and verbatim on such media, that all information ona
such media be redistributable for non-commercial purposes without
charge, and that such media are distributed by themselves (except
for accompanying documentation) independent of any other product
or service. Examples of such media include CD-ROM, magnetic tape,
and optical storage media. (This is not intended to be an exhaustive
list.) An example of a distribution that does not fall under this
section is a CD-ROM included in a book or magazine. (This is not
an exhaustive enumeration.)
(b) Activities other than copying, distribution and modification of the Program
are not subject to this License and they are outside its scope. Functional
use (running) of the Program is not restricted, and any output produced
through the use of the Program is subject to this license only if its contents
constitute a work based on the Program (independent of having been made by
running the Program).
(c) You must meet all of the following conditions with respect to any work that
you distribute or publish that in whole or in part contains or is derived
from the Program or any part thereof ("the Work"):
(i) If you have modified the Program, you must cause the Work to carry
prominent notices stating that you have modified the Program's files
and the date of any change. In each source file that you have modified,
you must include a prominent notice that you have modified the file,
including your name, your e-mail address (if any), and the date and
purpose of the change;
(ii) You must cause the Work to be licensed as a whole and at no charge to
all third parties under the terms of this License;
(iii) If the Work normally reads commands interactively when run, you must
cause it, at each time the Work commences operation, to print or display
an announcement including an appropriate copyright notice and a notice
that there is no warranty (or else, saying that you provide a warranty).
Such notice must also state that users may redistribute the Work only
under the conditions of this License and tell the user how to view the
copy of this License included with the Work. (Exceptions: if the Program
is interactive but normally prints or displays such an announcement only
at the request of a user, such as in an "About box", the Work is required
to print or display the notice only under the same circumstances; if the
Program itself is interactive but does not normally print such an
announcement, the Work is not required to print an announcement.);
(iv) You must accompany the Work with the complete corresponding machine-readable
source code, delivered on a medium customarily used for software interchange.
The source code for a work means the preferred form of the work for making
modifications to it. For an executable work, complete source code means
all the source code for all modules it contains, plus any associated
interface definition files, plus the scripts used to control compilation
and installation of the executable code. If you distribute with the Work
any component that is normally distributed (in either source or binary form)
with the major components (compiler, kernel, and so on) of the operating
system on which the executable runs, you must also distribute the source
code of that component if you have it and are allowed to do so;
(v) If you distribute any written or printed material at all with the Work, such
material must include either a written copy of this License, or a prominent
written indication that the Work is covered by this License and written
instructions for printing and/or displaying the copy of the License on
the distribution medium;
(vi) You may not impose any further restrictions on the recipient's exercise of
the rights granted herein.
If distribution of executable or object code is made by offering the equivalent
ability to copy from a designated place, then offering equivalent ability to
copy the source code from the same place counts as distribution of the source
code, even though third parties are not compelled to copy the source code along
with the object code.
3. Reservation of Rights.
No rights are granted to the Program except as expressly set forth herein. You may
not copy, modify, sublicense, or distribute the Program except as expressly provided
under this License. Any attempt otherwise to copy, modify, sublicense or distribute
the Program is void, and will automatically terminate your rights under this License.
However, parties who have received copies, or rights, from you under this License
will not have their licenses terminated so long as such parties remain in full
compliance.
4. Other Restrictions.
If the distribution and/or use of the Program is restricted in certain countries
for any reason, Licensor may add an explicit geographical distribution limitation
excluding those countries, so that distribution is permitted only in or among
countries not thus excluded. In such case, this License incorporates the limitation
as if written in the body of this License.
5. Limitations.
THE PROGRAM IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY. THERE IS NO
WARRANTY FOR THE PROGRAM, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD
THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL
LICENSOR, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM
AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR
DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES
OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF
SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
6. General.
This License is governed by the laws of the Province of Ontario, Canada,
excluding choice of law rules.
If any part of this License is found to be in conflict with the law, that
part shall be interpreted in its broadest meaning consistent with the law,
and no other parts of the License shall be affected.
For United States Government users, the Program is provided with RESTRICTED
RIGHTS. If you are a unit or agency of the United States Government or are
acquiring the Program for any such unit or agency, the following apply:
If the unit or agency is the Department of Defense ("DOD"), the
Program and its documentation are classified as "commercial
computer software" and "commercial computer software
documentation" respectively and, pursuant to DFAR Section
227.7202, the Government is acquiring the Program and its
documentation in accordance with the terms of this License. If the
unit or agency is other than DOD, the Program and its
documentation are classified as "commercial computer software" and
"commercial computer software documentation" respectively and,
pursuant to FAR Section 12.212, the Government is acquiring the
Program and its documentation in accordance with the terms of this
License.

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The Alasir Licence
This is a free software. It's provided as-is and carries absolutely no
warranty or responsibility by the author and the contributors, neither in
general nor in particular. No matter if this software is able or unable to
cause any damage to your or third party's computer hardware, software, or any
other asset available, neither the author nor a separate contributor may be
found liable for any harm or its consequences resulting from either proper or
improper use of the software, even if advised of the possibility of certain
injury as such and so forth.
The software isn't a public domain, it's a copyrighted one. In no event
shall the author's or a separate contributor's copyright be denied or violated
otherwise. No copyright may be removed unless together with the code
contributed to the software by a holder of the respective copyright. A
copyright itself indicates the rights of ownership over the code contributed.
Back and forth, the author is defined as the one who holds the oldest
copyright over the software. Furthermore, the software is defined as either
source or binary computer code, which is organised in the form of a single
computer file usually.
The software (the whole or a part of it) is prohibited from being sold or
leased in any form or manner with the only possible exceptions:
a) money may be charged for a physical medium used to transfer the software;
b) money may be charged for optional warranty or support services related to
the software.
Nevertheless, if the software (the whole or a part of it) is desired to
become an object of sale or lease (the whole or a part of it), then a separate
non-exclusive licence agreement must be negotiated from the author. Benefits
accrued should be distributed between the contributors or likewise at the
author's option.
Whenever and wherever the software is distributed, in either source or
binary form, either in whole or in part, it must include the complete
unchanged text of this licence agreement unless different conditions have been
negotiated. In case of a binary-only distribution, the names of the copyright
holders must be mentioned in the documentation supplied with the software.
This is supposed to protect rights and freedom of those who have contributed
their time and labour to free software development, because otherwise the
development itself and this licence agreement are of a very little sense.
Nothing else but this licence agreement grants you rights to use, modify
and distribute the software. Any violation of this licence agreement is
recognised as an action prohibited by an applicable legislation.

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[ from http://alleg.sourceforge.net/license.html - mkennedy ]
The giftware license
Allegro is gift-ware. It was created by a number of people working in
cooperation, and is given to you freely as a gift. You may use,
modify, redistribute, and generally hack it about in any way you like,
and you do not have to give us anything in return.
However, if you like this product you are encouraged to thank us by
making a return gift to the Allegro community. This could be by
writing an add-on package, providing a useful bug report, making an
improvement to the library, or perhaps just releasing the sources of
your program so that other people can learn from them. If you
redistribute parts of this code or make a game using it, it would be
nice if you mentioned Allegro somewhere in the credits, but you are
not required to do this. We trust you not to abuse our generosity.
By Shawn Hargreaves, 18 October 1998.

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Contents
A. General Terms and Conditions
B. Supplementary Terms “AnyDesk Free”
C. Supplementary Terms “AnyDesk Enterprise”
D. Supplementary Terms “AnyDesk Enterprise Maintenance”
E. Supplementary Terms for Data Processing on Behalf of the Customer (“Auftragsdatenverarbeitung”)
A. General Terms and Conditions
1. Provider and applicability
1.1. AnyDesk Software GmbH (hereinafter referred to as ANYDESK), Friedrichstr. 9, 70174 Stuttgart, (Stuttgart Municipal Court, Commercial Register Division B 741697), shall be the service provider and contracting party with regard to the Customer.
1.2. These Terms and Conditions shall apply to the contract conclusion itself and to all contractual relationships between ANYDESK and its customers, regardless of the type and scope of services in the context of current and future commercial relationships.
1.3. The Customer may only transfer its rights and obligations from this agreement to a third party with the prior written consent of ANYDESK.
1.4. The Terms and Conditions of ANYDESK shall apply exclusively. We herewith object to any deviating or additional terms and conditions of the Customer; they shall only apply if ANYDESK gives its written consent to the same (Section 126 (1) of the German Civil Code [BGB]).
1.5. Where individual clauses of these Terms and Conditions are invalid in whole or in part this shall not affect the effectiveness of the remaining clauses. The parties undertake to replace the invalid clause with another valid clause which comes as close as possible to the economic purpose of the original provision. The same shall apply to any gaps in provisions with regard to the contract purpose.
1.6. The contract language is German.
2. Offer of contract and subject of contract
2.1. The services provided by ANYDESK are addressed exclusively to natural persons or legal entities or partnerships with legal personality which, when entering into legal transactions, act in exercise of their trade, business or profession (Section 14 BGB).
2.2. The subject of the contract is determined by these General Terms and Conditions, the Supplementary Terms, which shall take precedence within the body of provisions, and the provisions agreed in the Service Specification pertaining to the respective offer. Agreements which deviate from these provisions must be in writing.
2.3. Unless expressly stipulated otherwise in the offer, ANYDESK shall not be liable for any particular outcome to be achieved by its services.
2.4. Ancillary agreements and contract amendments are subject to the written consent of the executive management of ANYDESK; they shall not be valid in the absence of such written consent.
2.5. Unless expressly agreed otherwise in written form, ANYDESK may use the services of suitable third parties in the performance of its contractual obligations.
3. Contract conclusion and preconditions for service performance
3.1. The product options presented by ANYDESK on the ANYDESK websites constitute a non-binding offer to the Customer to use the ANYDESK software for a specific period of time against payment of a fee. The Customer may purchase licenses for one or more terminals (work stations). The Customer shall enter its contact and invoice details (company, contact person, email and invoice address) and its choice of products in the course of the ordering process. A binding offer by the Customer to conclude a licensing contract is only made upon clicking the button “kostenpflichtig bestellen” (“place binding order with costs“). An email containing confirmation of receipt of the order shall be sent immediately; this does not constitute acceptance of the offer. ANYDESK shall be entitled to accept the Customer’s offer within two working days by sending an order confirmation by email. Where no order confirmation is sent within this time period the Customer’s offer shall be deemed rejected and the Customer no longer be bound by its offer.
3.2. Upon acceptance of the Customer’s offer by email the Customer shall receive license keys in accordance with the individual contractual agreement and a link to the security-protected login page of my.anydesk.com; following successful initial login and entering of the licensing key all installed “AnyDesk” clients on the appropriate terminals may be used in accordance with the extent of the license. Once opened, the AnyDesk clients connect to the communications servers of ANYDESK to use, via the Internet, software functions to the extent described in detail in the Service Specification and subject to the conditions and system requirements described in the same.
3.3. Where ANYDESK has provided the Customer with a written offer this shall be deemed accepted if the services offered therein have been approved without change by countersignature; transmission by way of telecommunications technology shall be deemed sufficient compliance with the requirement of written form in this regard (Section 127 (2) BGB). A separate written order confirmation shall only apply where specific reference is made therein (specification of the offer/order and total performance). Unless stipulated otherwise, offers shall apply for two weeks from receipt of the offer. Order confirmations by ANYDESK shall replace the Customer’s order unless a written objection is received within two weeks; ANYDESK shall expressly draw attention to the consequences of no objection being received in the order confirmation.
3.4. The Customer may only access the user software made available to it simultaneously with the contractually agreed number of terminals (work stations).
4. Customer information: Storage of order details, usage instructions
4.1. ANYDESK stores the Customer’s order, including details on the contract concluded (e.g. type of product, price, etc.). Customers may access their past orders and the extent of their license via the Internet on my.anydesk.com. These General Terms and Conditions will be transmitted to the Customer with the order confirmation and may also be accessed at anydesk.de/agb.
4.2. The Customer may at any time save the product description provided on our website for its own purposes, e.g. by taking a screenshot at the time of ordering or alternatively printing the entire page.
4.3. The Customer may access installation and usage instructions at any time at support.anydesk.com.
5. Customer information: Correcting errors
5.1. Customers may correct their details online prior to placing an order by using the delete key. ANYDESK shall inform the Customer of further means of correcting details in the course of the order process.
5.2. The order process may be aborted completely at any time by closing the browser window prior to placing an order.
6. Availability and technical requirements
6.1. Subject to a different service level being expressly agreed, ANYDESK shall provide to the Customer use at the server-side point of delivery subject to the availability and quality values specified in the Service Specification. ANYDESK shall only be responsible for availability to the extent that any unavailability of the part of the network run by ANYDESK and/or the web or communications server of ANYDESK is due to a fault on ANYDESK’s part. ANYDESK shall not be responsible for the data connection between the Customer’s respective terminal or IT system and the server-side point of delivery operated by ANYDESK being established and maintained.
6.2. Regular maintenance measures are required to secure the availability of all services provided; ANYDESK may suspend service performance for defined periods of time in order to carry out such maintenance. ANYDESK shall announce the time and expected duration of maintenance works at least three working days in advance. Wherever possible ANYDESK shall take the Customer’s interests into account when planning maintenance works. These regular maintenance times do not constitute impaired availability in terms of the above.
6.3. Smooth running of the ANYDESK software depends on the hardware and software used by the user on mobile terminals, routers, data communication equipment, etc. meeting the technical minimum requirements applicable to use of the currently offered software version, which are available to the user in the current system requirements specification.
6.4. The Customer shall be exclusively responsible for the configuration of its IT system. ANYDESK offers a support service on the basis of a separate agreement, for a fee.
6.5. The Customer shall be responsible for creating a data connection between the terminals intended for use by the Customer and the data delivery point defined by ANYDESK. ANYDESK shall be entitled to newly define the data delivery point at any time if this is necessary to enable smooth use of the services by the Customer. The Customer shall create a connection to the newly defined point of delivery in this event.
7. Customer’s obligations
7.1. The services of ANYDESK may not be misused; in particular, no information or contents may be transmitted and/or temporarily stored on ANYDESK servers which are illegal or immoral, or the duplication, provision, publication or use of which breach applicable law, rights of third parties (e.g. copyrights, patents, trademark rights or data protection rights) or agreements with third parties. The Customer shall prevent the unauthorized access of third parties to protected data stores by taking appropriate measures. The Customer shall scan its data and information for viruses and other damaging components prior to submission and shall use a state-of-the-art anti-virus program for this purpose. In the event of a culpable breach against the above provisions the Customer shall be liable for the resulting damage; the Customer shall indemnify ANYDESK against all claims of third parties which are due to such breach and shall compensate ANYDESK for any costs which arise due to potential infringements of rights.
7.2. ANYDESK shall be entitled to suspend software functions with immediate effect if a justified suspicion of misuse in terms of Section 7.1 and/or use which infringes third-party rights arises. A justified suspicion of illegality and/or infringement of rights shall in particular arise where courts, authorities and/or other third parties inform ANYDESK of the same. ANYDESK shall inform the Customer of the suspension and the reason for the same without delay. The suspension shall be discontinued as soon as the suspicion has been proven to be groundless.
7.3. Where the Customer collects, processes or uses personal data in the context of use of ANYDESK services and no statutory provision allowing such collection, processing and use applies, the prior consent of the affected parties must always be sought. ANYDESK and its vicarious agents shall in this context be indemnified against all claims of third parties which are based on illegal use of the products and the related servicers by the Customer. If the Customer realizes or ought to realize that a violation of this type is about to occur, it must notify ANYDESK without undue delay. Where in addition sensitive data in terms of Section 3 (9) of the German Federal Data Protection Act (Bundesdatenschutzgesetz) are to be processed by ANYDESK the Customer must inform ANYDESK of this fact in writing without undue delay.
7.4. Personal access data (user name and password) may not be disclosed to third parties and must be kept safe from access by third parties. For security reasons, they must be changed prior to first use and at regular intervals thereafter. If there is reason to suspect that unauthorized persons have gained access to access data the Customer shall change them without undue delay.
7.5. The Customer shall be solely responsible for data backup. ANYDESK shall not be under any obligation with regard to retention or safekeeping of data transmitted and processed by the Customer.
7.6. The Customer shall reimburse ANYDESK any costs incurred for checking its equipment following submission of a fault report if the checks show that the fault was not in ANYDESK’s equipment and this could have been recognized by the Customer if it had made a reasonable effort to find the fault.
8. Usage rights and software integration
8.1. The “AnyDesk” software provided to the Customer for use under the contract is protected by copyright. ANYDESK is exclusively entitled to the commercial exploitation of the software.
8.2. Upon contract conclusion, ANYDESK shall grant the Customer a non-exclusive usage right limited to the contract term pertaining to the applicable offer, to download the client software of ANYDESK to a contractually specified number of data-processing terminals (work stations) in order to create a connection with the ANYDESK communications server and use the software functions via the Internet to the extent described in detail in the Service Specification and subject to the conditions and system requirements described therein.
8.3. Notwithstanding the possibility of unrestricted downloads in accordance with the Supplementary Terms “AnyDesk Free“ the Customer shall not have the right to use the software beyond the use permitted under this agreement in any way or to allow third parties to use it or to make it accessible to third parties. Vicarious agents of the Customer who make use of the services without charge shall not be deemed third parties; this includes, for example, the Customer’s employees, freelancers within the scope of their assignment, etc. In particular, the Customer shall not be permitted to duplicate, edit, make publicly accessible or sell the software or parts thereof.
8.4. The Customer shall not be permitted to change, adapt or decompile the software, to decode it, to undertake reverse engineering, or to try to reconstruct or detect a source code or underlying ideas, algorithms, data formats or programming or interoperability interfaces of the product or files contained in the product or created in the course of use of the product, or to reshape the product in any other way into a form readable by humans.
8.5. The Customer may not circumvent technical measures for the protection of the software or apply or provide processes for their circumvention.
8.6. The Customer shall pay the fees which become payable through the actions of users which are registered and therefore authorized by the Customer. The same shall apply in the event of unauthorized use by other third parties if and to the extent that this use is due to a fault on the part of the Customer.
9. Remuneration and terms and conditions of payment
9.1. Unless otherwise agreed, remuneration shall be payable in accordance with the AnyDesk price list applicable at the point of contract conclusion. Objections to invoices for services performed by ANYDESK must be declared within four weeks of receipt of the invoice, in writing, to the address stated on the invoice. Following expiry of the above period the invoice shall be deemed approved by the Customer. ANYDESK shall draw the Customer’s attention to the significance of its conduct when sending the invoice.
9.2. Fees payable for the use of ANYDESK services shall be paid by means of the payment method agreed for the order. Unless otherwise specified herein, invoices shall be payable immediately without discount. Where no payment date has been agreed, default periods shall be determined by the statutory provisions. Remuneration and ancillary costs are stated strictly as net prices exclusive of the applicable statutory taxes and charges.
9.3. Monthly fees are charged on a pro-rata basis for the rest of the month, starting with the first day of serviceable provision. Thereafter, fees are payable monthly in advance. Where the fee is charged for parts of a calendar month, it is charged pro-rata for each day. A full monthly fee will be charged if the Customer terminates the contractual relationship effectively before the expiry of one month; this shall not apply to termination for good cause. Other fees, in particular fees depending on usage, are payable after service provision.
9.4. The Customer shall have a right to offset claims only if its counterclaims have been finally established by a court of law or are undisputed. The Customer may only assert rights of retention for counterclaims from this contractual relationship.
10. Default
10.1. In the event of payment default on significant amounts, ANYDESK shall be entitled to suspend the services at the Customer’s expense.
10.2. Where monthly payments have been agreed with the Customer, the Customer shall remain under obligation to pay the monthly fees in the event of default. Where the Customer
10.2.1. defaults on the payment of fees, or a significant part thereof, for two consecutive months, or
10.2.2. defaults on the payment of fees to an extent equivalent to the basic monthly fees for two months in a continuous period of more than two months, ANYDESK may terminate the contractual relationship without notice.
10.3. ANYDESK reserves the right to assert further claims due to late payment.
11. Warranties
11.1. At the current state of technology, it is impossible to guarantee that data communication via the Internet or wireless will be completely safe, free of faults and/or available at all times. ANYDESK therefore does not guarantee the availability of its service at all times and shall not be liable for disappointed trust of the user in its faultless functioning.
11.2. Technical data, specifications and performance stipulations in public statements, in particular in advertising, do not constitute a warranty as to quality. The functionality of the software is in the first place determined by the contents of the applicable Service Specification and any supplementary agreements made. In other respects, the software must be suitable for the use presupposed under this agreement and otherwise be of the nature common to software of its kind.
11.3. The Customer shall be provided with the software in a suitable condition for use in accordance with the contract. The duty to maintain does not include adaptation of the software to changed conditions of use and technical and functional developments, such as changes in the IT environment, in particular changes of hardware or of the operating system, adaption to the scope of functions of competing products or creation of compatibility with new data formats.
11.4. No-fault liability for damages for defects present at the point of contract conclusion is excluded.
11.5. The Customer shall support ANYDESK in the detection and rectification of defects.
11.6. In the event of material defects in standard software supplied by third parties or performance by a third-party vicarious agent, ANYDESK shall be entitled, with the effect of releasing it from all liability, to assign claims against suppliers, the manufacturer or other third parties to the Customer for the purposes of rectification or replacement supply, unless this cannot reasonably be expected to be acceptable to the Customer. The above shall also apply where ANYDESK has adapted, configured or otherwise changed the software or hardware in accordance with the Customer’s requirements, unless the material defect has been caused by ANYDESK’s own performance.
11.7. The Customer shall inform ANYDESK of defects without undue delay. Warranty claims shall lapse after one year.
12. Liability
12.1. ANYDESK shall be liable without limitation for all resulting damage due to intent or gross negligence or the absence of a guaranteed property. ANYDESK shall be liable without limitation for ordinary negligence in the event of personal injury or death. In all other respects, ANYDESK shall be liable for ordinary negligence only where a duty is breached the performance of which is essential to the proper implementation of the agreement, the breach of which jeopardizes the purpose of the agreement, and on the performance of which the Customer may regularly rely (so-called cardinal duty). Liability for breach of a cardinal duty shall be limited to foreseeable damage typical of the type of agreement. This shall also apply to loss of profits and loss of expected savings. Liability for other remote consequential harm caused by a defect is excluded.
12.2. No-fault liability of ANYDESK for damages (Section 536a BGB) for defects present at the time of contract conclusion is excluded.
12.3. Liability for all other damage is excluded. This applies particularly to data loss or hardware malfunction caused by incompatibility of the existing components on the Customer’s terminals and/or IT systems with the hardware or software which is newly installed or to be amended, and to system malfunction which may be caused by existing faulty configurations or older, interfering drivers which have not been completely removed. This also particularly applies to data loss caused by the failure of the Customer to perform data backup and therefore ensure that lost data may be restored with a reasonable amount of effort.
12.4. Liability in accordance with the provisions of the German Product Liability Act is unaffected.
13. Data protection
13.1. The Customer consents to the collection, storage and processing of personal data, provided these data are required to create, define the substance of, or amend the contractual relationship (user data). These personal data shall be used exclusively for the purposes of contract implementation. In the absence of express consent or a statutory basis the Customer’s personal data shall not be disclosed to third parties who do not perform an active part in contract implementation. Following completed contract implementation the data shall be blocked to prevent further use. The data shall be deleted following expiry of the retention periods specified under tax and commercial provisions, unless the Customer has expressly consented to their further use.
13.2. For the purposes of identifying the terminals (work stations) under the agreement, ANYDESK shall, in the course of remote data access and within the scope of the purpose of the agreement, store the IP and MAC addresses of the respective terminals for a period of seven days for the purposes of preventing risks and removing malfunctions; these data are then deleted without trace unless statutory provisions or official orders require otherwise. Unless otherwise stipulated below, ANYDESK has no other direct or administrative access to the transmitted data contents and shall only store them temporarily for the purposes of transmission of the remote access initiated by the Customer.
13.3. ANYDESK shall, with reference to the respective ANYDESK Customer Identification Number, log the time a program is started and the time and duration of the pertaining session (session protocol); these data are stored in a databank which is not connected to the databank containing the user data of the respective user. ANYDESK shall only log and/or store the contents of the respective data connection (session) on behalf of the Customer if this is part of the agreement, in accordance with the offer chosen by the Customer (session recording).
13.4. With regard to data storage and/or processing pursuant to Section 13.2 and 13.3 above the Customer undertakes to check whether this could affect personal data of third parties. The Customer shall inform ANYDESK of the results of these checks prior to first use. In the event of processing of personal data of third parties on behalf of the Customer, ANYDESK shall collect, process, use or access personal data exclusively within the scope of the agreement concluded and in accordance with the instructions of the Customer. The Customer shall in this event, prior to first use, conclude a separate agreement on the processing of personal data, which shall form the basis of the Supplementary Terms for Data Processing on Behalf of the Customer. This must be sent, signed without amendment, to ANYDESK by postal service. The agreement to process data on behalf of the Customer shall only enter into force upon receipt of the signed agreement by ANYDESK. Where data is processed on behalf of another the Customer is always the responsible agent with regard to the personal data and is solely responsible for compliance with the provisions of the German Federal Data Protection Act (BDSG).
13.5. ANYDESK shall also store data on the type of processor, screen resolution, graphics card, operating system and potentially other technical data of the terminal used, exclusively in anonymised form and for purely statistical purposes.
13.6. Personal data during the ordering process is transmitted via the internet using TLS-based encryption. Credit card data is not stored by ANYDESK, but collected and processed by ANYDESK’s payment provider. ANYDESK secures its website and other systems using technical and organizational measures against loss, destruction, access, change or processing of the personal data by unauthorized parties.
13.7. ANYDESK warrants that technical and organizational security measures in accordance with Section 9 BDSG and the appendix to Section 9 BDSG are in place.
13.8. In accordance with the German Federal Data Protection Act, the Customer has a right to free information about the data saved about its person and a right to correction, blocking or deletion of these data. The responsible office in this regard is
AnyDesk Software GmbH
Friedrichstr. 9
70174 Stuttgart
datenschutz@anydesk.de
14. Support, updates and upgrades
14.1. ANYDESK shall provide the Customer with a support email address and a helpdesk phone number available on weekdays from 9 am to 12 pm and 1 pm to 5 pm with regard to its services. The hotline shall exclusively serve the purpose of providing support to the Customer during use of the ANYDESK services to be provided under this agreement.
14.2. The hotline is also available to other customers. Customer enquiries to the hotline are processed in the order in which they come in. Defects should not be notified to the hotline but directly to the defect team specified in the Service Specification orsupport.anydesk.com .
14.3. Any software updates will be announced online to all customers upon start of the client software and will be provided online; however, ANYDESK reserves the right to provide extensions to functionalities only to certain types of license (plan options).
14.4. Moreover, ANYDESK reserves the right at any time to deactivate outdated client software following an update. Any deactivation shall be announced online upon start of the client software with at least six weeks’ notice.
15. Amendments to the Terms and Conditions, Service Specifications and prices
15.1. Where ANYDESK intends to make changes to the General Terms and Conditions or Supplementary Terms, the Service Specification, or the prices, the changes shall – in the case of the services provided under the “Free” option – be notified online upon start of the client software at least six weeks prior to the time of their intended applicability and the Customer be required to give its express consent or declare its express objection. The Customer’s decision shall be logged by ANYDESK and stored under the respective Customer ID, IP and MAC address; the provisions of Section 13.1 shall apply in this regard. Where the Customer objects to the intended changes to the General Terms and Conditions or Supplementary Terms, ANYDESK shall be entitled to declare extraordinary termination, to take effect at the time of the changes coming into force. ANYDESK shall make express reference to this consequence in its notification of changes.
15.2. In all other cases, changes shall be notified to the Customer in writing at least six weeks prior to taking effect. Changes shall entitle the Customer to an extraordinary right of termination at the time of the changes coming into force. If no written notice of termination by the Customer is received within six weeks of issue of the notification of changes the changes shall become integral parts of the agreement upon coming into force. ANYDESK shall make express reference to this consequence in its notification of changes.
16. Contract term, termination and software removal
16.1. Unless expressly agreed otherwise, the following provisions shall apply with regard to contract terms and notice periods for termination:
16.1.1. Contracts with a minimum contract term: The minimum contract term shall be one year, to start, subject to agreement to the contrary, upon notification of serviceable access provision to the Customer. The contract shall be terminable in writing by either party subject to a notice period of three months, to take effect at the earliest upon expiry of the minimum contract term. Where no termination is declared the contract term shall in each case be extended by one year. A mere change in the number of users shall not affect the contract term.
16.1.2. Contracts without a minimum contract term: A contract without a minimum term shall be terminable in writing by either party subject to a notice period of six working days (not including Saturdays), to take effect at the end of a month. In the event that the Customer terminates the contract prior to the expiry of one month after the start of serviceable provision the full monthly fee shall be payable.
16.2. The above terms and deadlines shall also apply to terminations of parts of services, e.g. a change in the number of users.
16.3. This shall not affect the right to terminate the contract for good cause.
16.4. Notice of termination may be given in writing by letter, fax or email.
17. Miscellaneous provisions
17.1. The entire commercial relationship between ANYDESK and the Customer shall be governed by the law of the Federal Republic of Germany, to the exclusion of UN law on the sale of goods.
17.2. Where the Customer is a merchant, the exclusive place of jurisdiction for all disputes arising from this agreement shall be the registered business seat of ANYDESK.
B. Supplementary Terms “AnyDesk Free”
1. Order of precedence
The services offered under the “Free” option shall be subject to the Supplementary Terms below, which shall take precedence over the General Terms and Conditions (Section A) above, which shall apply in all other respects:
2. Preconditions and subject of service provision
2.1. The “AnyDesk Free” option is addressed to both consumers in terms of Section 13 of the German Civil Code (BGB) and entrepreneurs in terms of Section 14 BGB.
2.2. Use of the AnyDesk software is subject only to the download of the same and acceptance of the applicability of the General Terms and Conditions and Supplementary Terms.
2.3. ANYDESK provides its software on its website for download, without need for registration, to one data processing terminal per Customer. Following saving of the downloaded software to this specific terminal the Customer may start the software to connect to the communications servers of ANYDESK in order to use, via the Internet, software functions to the extent described in detail in the Service Specification and subject to the conditions and system requirements described in the same.
2.4. The download of the software and the use of its functionalities for an indefinite period is free of charge. However, the Customer shall have no legal claim to the free service described in Section 2.1. ANYDESK does not warrant provision of any particular scope of services and reserves the right to discontinue the service described in Section 2.3 at any time and without stating reasons.
3. Amendments to the Terms and Conditions, Service Specifications and prices
Where the Customer objects to intended changes to the General Terms and Conditions or Supplementary Terms in accordance with Section A.14.1 of the General Terms and Conditions, use shall cease at the specified time of the changes coming into effect. ANYDESK shall make express reference to this consequence in its notification of changes.
C. Supplementary Terms “AnyDesk Enterprise”
1. Order of precedence
The services offered under the “Enterprise” option shall be subject to the Supplementary Terms below, which shall take precedence over the General Terms and Conditions (Section A) above, which shall apply in all other respects:
2. Contract conclusion and preconditions for service performance
2.1. A contract for the use of the “AnyDesk Enterprise” solution shall only arise on the basis of an individual written offer. The written offer by ANYDESK to the Customer shall be deemed accepted if the services offered therein have been approved without change by countersignature; transmission by way of telecommunications technology shall be deemed sufficient compliance with the requirement of written form in this regard (Section 127 (2) of the German Civil Code (BGB)). A separate written order confirmation shall only apply where specific reference is made therein (specification of the offer/order and total performance). Unless stipulated otherwise, offers shall apply for two weeks from receipt of the offer. Order confirmations by ANYDESK shall replace the Customer’s order unless a written objection is received within two weeks; ANYDESK shall expressly draw attention to the consequences of no objection being received in the order confirmation.
2.2. Use of the “AnyDesk Enterprise” plan in the Customer’s internal network is, in accordance with the individual specifications of the written offer, dependant on provision of a communications server (hardware appliance) by ANYDESK, a virtual appliance by ANYDESK or the installation of server software on a server of the Customer; following download of the ANYDESK client software to an unlimited number of terminals (work stations) the individual users belonging to the Customer may start the client to connect to the server in the internal network in order to use, via the Internet, software functions in accordance with the individual provisions of the written offer by ANYDESK to the extent described in detail in the Service Specification and subject to the conditions and system requirements described in the same. The Customer may simultaneously access the user software made available to it with an unlimited number of terminals (work stations).
2.3. ANYDESK shall provide a handbook for the use of the software. Where, in ANYDESK’s opinion, an update of the operational software results in a need for training, ANYDESK shall provide additional training sessions on the new features of the software for a fee.
3. Special obligations of the Customer
3.1. The Customer shall promptly provide ANYDESK with all information and/or data available to it which are required for or relevant to the service provision in question and inform ANYDESK of all incidents and circumstances which are relevant to the contract (e.g. defects or misuse, changes in the Customer’s network or software environment); this obligation shall constitute an essential contractual duty. This shall particularly apply to documents, incidents and circumstances which become known only after ANYDESK has started service provision.
3.2. The Customer shall be responsible for creating a data connection between the terminals (work stations) intended for use by the Customer and the data delivery point to the ANYDESK communications server defined by ANYDESK.
3.3. Where, in accordance with Section 2.2, the Customer provides its own communications server, the maintenance of the operating system shall be the sole responsibility of the Customer unless otherwise agreed in writing.
4. Nutzungsrechte und Softwareintegration
4.1. The server software used by ANYDESK in accordance with the respective written offer to provide a communications server or a virtual appliance in the Customer’s internal network is protected by copyright and may only be used by the Customer in accordance with the purpose described in the offer; the server software may not be duplicated, disseminated or made available to third parties in any other form.
4.2. Furthermore, the Customer shall not be permitted to change, adapt or decompile the server software, to decode it, to undertake reverse engineering, or to try to reconstruct or detect a source code or underlying ideas, algorithms, data formats or programming or interoperability interfaces of the product or files contained in the product or created in the course of use of the product, or to reshape the product in any other way into a form readable by humans.
4.3. The Customer may not circumvent technical measures for the protection of the software or apply or provide processes for their circumvention.
4.4. Section A.8 of the General Terms and Conditions shall apply to the client software provided in accordance with the contract.
5. Updates, support and maintenance
ANYDESK offers updates, support and maintenance to the Customer in accordance with the particular terms of the applicable written offer.
D. Supplementary Terms and Conditions for “Anydesk Enterprise Software Maintenance”
1. Order of Priority
The services offered under “AnyDesk Software Maintenance” are subject to payment, and subject to the following additional terms and conditions, which take precedence over the above terms and conditions (Par. A) and the Supplemental Terms “AnyDesk Enterprise” (Par. C):
2. Performance Prerequisite and Subject
2.1. Unless otherwise stated in the written offer, the ANYDESK maintenance service shall include the following services:
The transfer and installation of the latest versions of the program (Updates) as well as patches for the contractual standard software (against a previously agreed fee) through any necessary adjustments to the client’s IT system environment.
The update of the user documentation. In the event of a significant change in the functionality or operation of the software, completely new documentation is made available.
If necessary, after the expiration of the defects warranty period, repair the defect using the latest program version, both within the program code as well as within the documentation. The response time for corrective action is set at a maximum of 10 working days.
Both written (including by fax or email) and telephone counseling of clients not referred to in Part A Sect. 11 for defect related issues regarding the application of the software as well as, where appropriate, for recorded programming errors. The telephone consultation service (“Hotline”) shall be available weekdays between 09:00-12:00 hours and 13:00-17:00.
Written reported errors or repeated service requests are assigned a specific “ticket number” no later than the afternoon of the following business day after receipt. This is done by telephone to the extent possible for the purpose of acceleration. The client must therefore add the name and telephone extension of the investigating officer to any written notification. Response by email is also acceptable in the event of error messages or requests for service by e-mail.
Additional Service Levels are subject to remuneration and possibly subject to separate written agreements between the Parties.
2.2. Not included in the contractual maintenance services provided by the Contractor are the following services:
Consulting services outside the on-call times as listed under Section 2.1.
Maintenance services, which are required as a result of the use of the software on a different hardware system or another operating system.
Maintenance services after any type of modification by the client in the program code of the software.
The repair of any faults or damage caused by improper handling by the client, the action of any third parties or force majeure.
Maintenance services with regard to the compatibility of the contractual software with other computer programs, which are not covered by the Maintenance Agreement.
Expansion and / or improvements of the original functionality scope of the contractual software (Upgrades).
These services are the subject of separate written agreements between the Parties, if necessary.
3. Usage Rights
3.1. In so far as ANYDESK provides the client with the latest available program version in accordance with this Maintenance Agreement, ANYDESK grants the client usage rights thereto in accordance with Part C Section 4.
3.2. If the client uses contractual matters which are scheduled to be replaced earlier, then his usage rights under the replacement Agreement shall expire.
4. Particular Client Obligations
4.1. For defining, isolating, detecting and reporting errors, the client must follow the instructions issued by ANYDESK. The client must used checklists provided by ANYDESK as necessary.
4.2. The client shall make every effort to submit a detailed error report with questions. For this purpose, he must rely on his competent staff.
4.3. During necessary test runs, either the client or designated competent employees who are fully authorized to identify and make decisions about defects, feature enhancements, reductions in functionality and changes in the program structure will be present. Other work with the computer system is adjusted during the maintenance period as necessary.
4.4. The client allows ANYDESK remote access to the software by means of telecommunications or Internet. The client shall assume responsibility to provide the necessary connections in accordance with instructions received from ANYDESK.
E. Supplementary Terms for Data Processing on Behalf of the Customer (“Auftragsdatenverarbeitung”)
1. Applicability and order of precedence
1.1. Where the Customer wishes to process personal data in the context of using a service of ANYDESK the Customer shall be required to conclude a separate agreement on the processing of personal data with ANYDESK in accordance with Section 11 of the German Federal Data Protection Act (BDSG). This agreement shall be subject to the Supplementary Terms below, which shall take precedence over the General Terms and Conditions (Section A) above, which shall apply in all other respects:
1.2. Two copies of this agreement must be signed and sent to the following address:
AnyDesk Software GmbH
Friedrichstr. 9
70176 Stuttgart
ANYDESK shall return one countersigned copy to the Customer.
2. Subject of the agreement
The subject of this agreement is the regulation of rights and/or duties of the Customer and ANYDESK where, in the context of service provision (in accordance with the General Terms and Conditions and Supplementary Terms), ANYDESK collects, processes and/or uses personal data (hereinafter referred to as “data”) on behalf of the Customer in terms of Section 11 of the German Federal Data Protection Act (BDSG). The agreement shall apply accordingly to the (remote) testing and maintenance of automated procedures or of data processing systems if in doing so the possibility of access to personal data cannot be ruled out.
3. Customer’s responsibility and right to instruct
3.1. The Customer, as the principal in terms of Section 11 BDSG, shall be solely responsible for assessing the permissibility under data protection law of collecting, processing and using personal data and for the observance of the rights of the affected parties. The Customer shall accordingly ensure that the conditions of permissibility of data processing prescribed by statute or regulatory authority are met, i.e., amongst others, that deletion periods and permitted storage terms are observed and all required declarations of consent are demonstrably obtained, in particular if the Customer’s data processing assignment concerns sensitive data in terms of Section 3 (9) BDSG. In the event of a culpable breach of the above provisions, the Customer shall be liable for the resulting damage; the Customer shall indemnify ANYDESK against all claims of third parties which are due to such breach and shall compensate ANYDESK for any costs which arise due to po-tential infringements of rights.
3.2. The subject, type, duration and purpose of the data processing to be undertaken shall be determined by the Customer by its choice of product, the scope of which is determined by the General Terms and Conditions and Supplementary Terms and the data protection requirements pertaining to which are specified in detail in the Appendix to the Supplementary Terms for Data Processing on Behalf of the Customer.
3.3. Any instructions by the Customer with regard to the processing of personal data which go beyond the contractually agreed services and product features and result in additional efforts on the part of ANYDESK shall attract an appropriate additional fee. ANYDESK shall be entitled to terminate the agreement in the event of instructions the implementation of which by ANYDESK is not possible, or only possible under expense of disproportionately high additional effort. Additional instructions must be in writing.
4. Protection and supervision
4.1. ANYDESK shall process the data exclusively within the scope of the agreements concluded and shall not use the data for any other purpose; ANYDESK shall, in particular, not be permitted to disclose the data provided to third parties. ANYDESK shall take the required technical and organizational measures in accordance with Section 9 BDSG in order to protect the data, specified in the Appendix to the Supplementary Terms for Data Processing on Behalf of the Customer. Within this specification, ANYDESK may adapt the technical and organizational measures at its discretion in accordance with a due assessment of the circumstances.
4.2. The Customer may at any time at its own cost check compliance with data protection provisions concerning the data processing undertaken on its behalf, or instruct a third party to carry out such checks. Where applicable, the third party shall demonstrably be obligated to maintain confidentiality. The Customer shall be required to give ANYDESK appropriate notice of individual checks and shall act with consideration towards the business operations of ANYDESK during their implementation.
5. Other rights and obligations
5.1. The Customer shall be the responsible contact point for the exercise of rights of affected persons, such as correction, deletion and blocking of data. ANYDESK shall ensure in the course of service performance that the Customer is able to meet its obligations with regard to the rights of affected persons. Where an affected person exercises its right to correction, deletion or blocking of data with the Customer and the Customer is unable to implement the request by appropriate selection or change in the settings of particular features ANYDESK shall, in collaboration with the Customer, perform the correction, blocking or deletion, provided implementation of the change by ANYDESK is legally and actually possible.
5.2. Any documents containing personal data and files which are no longer required shall be destroyed in accordance with data protection provisions, unless statutory duties require otherwise. Where the Customer is in possession of storage media the Customer shall delete from them all personal data in accordance with data protection provisions before returning them to ANYDESK. Where this is not possible the Customer shall inform ANYDESK in writing in good time; ANYDESK shall in this event carry out the deletion of the personal data from the storage media on behalf of the Customer against payment of an additional fee.
5.3. ANYDESK shall inform the Customer of cases of major operational malfunction, violations of data protection provisions, breaches against terms of this agreement and other significant irregularities related to the processing of the Customer’s data. However, the general duty to ascertain whether the data processing is in breach of any data protection provisions shall not be the duty of ANYDESK; where ANYDESK considers this to be the case ANYDESK shall be entitled to suspend implementation of the respective data processing until it is confirmed or changed by the Customer.
5.4. Where the Customer is under legal duty to supply information on the processing of data to an official body or a natural or legal person ANYDESK shall support the Customer in providing this information. Unless expressly agreed otherwise, ANYDESK shall charge a fee to cover the expense of such support actions.
6. Supervision, maintenance, remote access
6.1. All checks and maintenance works, in particular those carried out by remote access, shall be documented and logged.
6.2. Where the possibility of access to personal data in the course of checks and maintenance works using automated processes or data processing equipment – including by way of remote access – may not be excluded, ANYDESK shall only make use of the access to the extent which, both in terms of time and subject matter, is strictly required for the proper implementation of the maintenance works and checks requested.
7. Location and subcontractors
7.1. ANYDESK stores customer data exclusively on servers physically located in Germany.
7.2. ANYDESK may use subcontractors for the performance of its responsibilities described herein, which, where applicable, shall be specified in the Appendix to the Supplementary Terms for Data Processing on Behalf of the Customer. Where required, ANYDESK shall enter into contractual agreements with these subcontractors which match the contractual provisions of this agreement.
Privacy Statement
General
AnyDesk takes privacy very serious. We exercise the utmost care and strictly adhere to the statutory provisions in regards to collecting, processing, using and unnecessary disclosure of data. This statement provides an overview about your rights when using our website and software and what kind of data is collected and for what purpose.
Personal Data
Personal data is any information relating to an identified or identifiable natural person. This includes information and details such as your name, your address or other mailing address, or phone number. This also includes an email-Address if it includes such a reference to your name that it makes you identifiable. Information that can not be used to determine your identity is not considered to be personal data. Such information is, for example, body size, gender, age or education.
Use and Disclosure of Data
We will use automatically or manually collected personal data related to you to only to respond to your inquiries, to process contracts we have concluded with you, and for technical administration.
We will only disclose personal data to third parties under a limited extent under the following circumstances:
In order to process the payment process at the appropriate payment service
If you have explicitly consented to the disclosure of the data
If we are legally obligated to disclose the data (e.g. in response to a court or administrative order)
In no case will the data be sold.
Deletion of Data
You have the right to revoke your consent to the storage of your personal data at any time. The deletion of your personal data is carried out when you have revoked your consent and storage is no longer necessary for processing of contracts. In any case we will delete your personal data if we do not longer need it for our services or if the storage gets prohibited for legal reasons.
Website
As a principle, we ask on our website only to provide us with the data that is immediately necessary for the provision and improvement of our services. In addition, some data is automatically collected for statistical analysis.
E-Mails and Newsletters
If you use the email services offered on this website or would like receive our newsletter, your email-address will be stored. Additionally, we may require further information which will enable us to check if you are the owner of the email-address or if its owner agrees to reveive the newsletter. You can revoke your permission for storage and usage of this data and your email-address to deliver newsletters at any time.
Email newsletters can be unsubscribed at any time.
Access Protocol
Every access to our website and related resources is logged. The logging is necessary for internal statistical purposes and to ensure data security. Some information from your browser is collected and stored for that matter. This includes:
Browser type and version
Operating system
The previously visited website
The host name of the accessing computer and its IP address
Time of the server inquiry
Cookies
Cookies are small text files that can be stored on the computer of the visitor of a website. In a subsequent access to the same website, the information stored there is transferred back to the server. The use of our website is possible without the use of cookies.
Basically, we avoid the use of cookies and restrict them to the following applications:
Management of different user sessions (session tracking)
Storage of user settings of our website (e.g. language setting)
Use in the context of web analytics
Web analytics tools
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States . Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
You can stop the recording and processing of your data usage of this website by Google by downloading and installing the browser plugin available at:
http://tools.google.com/dlpage/gaoptout?hl=en
Software
To ensure a reliable and safe operation of AnyDesk, to enable some advanced features and to improve our procduct in the future, AnyDesk will automatically collect the following data:
Time of program start
IP-address of the machine
Statistical information about your computer (e.g. CPU-type, screen resolution)
Time and duration of AnyDesk sessions as well as the AnyDesk-IDs of participants
This data is saved in a database which is seperate from the database which contains your personal data.
Changes
We reserve the right at any time to modify this privacy statement in compliance with the legal requirements.
Contact
For questions about this privacy policy, please contact us via the means specified in the imprint. You can inquire at any time whether and which of your data is stored by us. In addition, you can send us inquiries, deletion and correction requests. Feel free to send suggestions.

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Copyright (c) 1995-1999 The Apache Group. All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
3. All advertising materials mentioning features or use of this
software must display the following acknowledgment:
"This product includes software developed by the Apache Group
for use in the Apache HTTP server project (http://www.apache.org/)."
4. The names "Apache Server" and "Apache Group" must not be used to
endorse or promote products derived from this software without
prior written permission. For written permission, please contact
apache@apache.org.
5. Products derived from this software may not be called "Apache"
nor may "Apache" appear in their names without prior written
permission of the Apache Group.
6. Redistributions of any form whatsoever must retain the following
acknowledgment:
"This product includes software developed by the Apache Group
for use in the Apache HTTP server project (http://www.apache.org/)."
THIS SOFTWARE IS PROVIDED BY THE APACHE GROUP ``AS IS'' AND ANY
EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE GROUP OR
ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
====================================================================
This software consists of voluntary contributions made by many
individuals on behalf of the Apache Group and was originally based
on public domain software written at the National Center for
Supercomputing Applications, University of Illinois, Urbana-Champaign.
For more information on the Apache Group and the Apache HTTP server
project, please see <http://www.apache.org/>.

52
sdk_container/src/third_party/portage-stable/licenses/Apache-1.1 vendored
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The Apache Software License, Version 1.1
Copyright (c) <years> <copyright holder>. All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
3. The end-user documentation included with the redistribution,
if any, must include the following acknowledgment:
"This product includes software developed by
<copyright holder> (<address>)."
Alternately, this acknowledgment may appear in the software itself,
if and wherever such third-party acknowledgments normally appear.
4. The names "<program>" and "<copyright holder>" must not be used
to endorse or promote products derived from this software without
prior written permission. For written permission, please contact
<e-mail address>.
5. Products derived from this software may not be called "<program>",
nor may "<program>" appear in their name, without prior written
permission of <copyright holder>.
THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
IN NO EVENT SHALL <copyright holder> OR ITS CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
[This software consists of voluntary contributions made by many
individuals on behalf of <copyright holder>. For more information on
<copyright holder>, please see <address>.]
[Portions of this software are based upon public domain software
originally written at the National Center for Supercomputing
Applications, University of Illinois, Urbana-Champaign.]

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sdk_container/src/third_party/portage-stable/licenses/Arkkra vendored
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Copyright (c) 1995-2017 by Arkkra Enterprises.
All rights reserved.
Redistribution and use in source and binary forms,
with or without modification, are permitted provided that
the following conditions are met:
1. Redistributions of source code must retain
the above copyright notice, this list of conditions
and the following DISCLAIMER.
2. Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and
the following DISCLAIMER in the documentation and/or
other materials provided with the distribution.
3. Any additions, deletions, or changes to the original files
must be clearly indicated in accompanying documentation,
including the reasons for the changes,
and the names of those who made the modifications.
DISCLAIMER
THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
IN NO EVENT SHALL THE AUTHORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

59
sdk_container/src/third_party/portage-stable/licenses/Arphic vendored
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ARPHIC PUBLIC LICENSE
Copyright (C) 1999 Arphic Technology Co., Ltd.
11Fl. No.168, Yung Chi Rd., Taipei, 110 Taiwan
All rights reserved except as specified below.
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is forbidden.
Preamble
The licenses for most software are designed to take away your freedom to share and change it. By contrast, the ARPHIC PUBLIC LICENSE specifically permits and encourages you to use this software, provided that you give the recipients all the rights that we gave you and make sure they can get the modifications of this software.
Legal Terms
0. Definitions:
Throughout this License, "Font" means the TrueType fonts "AR PL Mingti2L Big5", "AR PL KaitiM Big5" (BIG-5 character set) and "AR PL SungtiL GB", "AR PL KaitiM GB" (GB character set) which are originally distributed by Arphic, and the derivatives of those fonts created through any modification including modifying glyph, reordering glyph, converting format, changing font name, or adding/deleting some characters in/from glyph table.
"PL" means "Public License".
"Copyright Holder" means whoever is named in the copyright or copyrights for the Font.
"You" means the licensee, or person copying, redistributing or modifying the Font.
"Freely Available" means that you have the freedom to copy or modify the Font as well as redistribute copies of the Font under the same conditions you received, not price. If you wish, you can charge for this service.
1. Copying & Distribution
You may copy and distribute verbatim copies of this Font in any medium, without restriction, provided that you retain this license file (ARPHICPL.TXT) unaltered in all copies.
2. Modification
You may otherwise modify your copy of this Font in any way, including modifying glyph, reordering glyph, converting format, changing font name, or adding/deleting some characters in/from glyph table, and copy and distribute such modifications under the terms of Section 1 above, provided that the following conditions are met:
a) You must insert a prominent notice in each modified file stating how and when you changed that file.
b) You must make such modifications Freely Available as a whole to all third parties under the terms of this License, such as by offering access to copy the modifications from a designated place, or distributing the modifications on a medium customarily used for software interchange.
c) If the modified fonts normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the Font under these conditions, and telling the user how to view a copy of this License.
These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Font, and can be reasonably considered independent and separate works in themselves, then this License and its terms, do not apply to those sections when you distribute them as separate works. Therefore, mere aggregation of another work not based on the Font with the Font on a volume of a storage or distribution medium does not bring the other work under the scope of this License.
3. Condition Subsequent
You may not copy, modify, sublicense, or distribute the Font except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Font will automatically retroactively void your rights under this License. However, parties who have received copies or rights from you under this License will keep their licenses valid so long as such parties remain in full compliance.
4. Acceptance
You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to copy, modify, sublicense or distribute the Font. These actions are prohibited by law if you do not accept this License. Therefore, by copying, modifying, sublicensing or distributing the Font, you indicate your acceptance of this License and all its terms and conditions.
5. Automatic Receipt
Each time you redistribute the Font, the recipient automatically receives a license from the original licensor to copy, distribute or modify the Font subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
6. Contradiction
If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Font at all. For example, if a patent license would not permit royalty-free redistribution of the Font by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Font.
If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.
7. NO WARRANTY
BECAUSE THE FONT IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE FONT, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS OR OTHER PARTIES PROVIDE THE FONT "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE FONT IS WITH YOU. SHOULD THE FONT PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
8. DAMAGES WAIVER
UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING, IN NO EVENT WILL ANY COPYRIGHTT HOLDERS, OR OTHER PARTIES WHO MAY COPY, MODIFY OR REDISTRIBUTE THE FONT AS PERMITTED ABOVE, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE FONT (INCLUDING BUT NOT LIMITED TO PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA OR PROFITS; OR BUSINESS INTERRUPTION), EVEN IF SUCH HOLDERS OR OTHER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

201
sdk_container/src/third_party/portage-stable/licenses/Artistic-2 vendored
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The Artistic License 2.0
Copyright (c) 2000-2006, The Perl Foundation.
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
This license establishes the terms under which a given free software
Package may be copied, modified, distributed, and/or redistributed.
The intent is that the Copyright Holder maintains some artistic
control over the development of that Package while still keeping the
Package available as open source and free software.
You are always permitted to make arrangements wholly outside of this
license directly with the Copyright Holder of a given Package. If the
terms of this license do not permit the full use that you propose to
make of the Package, you should contact the Copyright Holder and seek
a different licensing arrangement.
Definitions
"Copyright Holder" means the individual(s) or organization(s)
named in the copyright notice for the entire Package.
"Contributor" means any party that has contributed code or other
material to the Package, in accordance with the Copyright Holder's
procedures.
"You" and "your" means any person who would like to copy,
distribute, or modify the Package.
"Package" means the collection of files distributed by the
Copyright Holder, and derivatives of that collection and/or of
those files. A given Package may consist of either the Standard
Version, or a Modified Version.
"Distribute" means providing a copy of the Package or making it
accessible to anyone else, or in the case of a company or
organization, to others outside of your company or organization.
"Distributor Fee" means any fee that you charge for Distributing
this Package or providing support for this Package to another
party. It does not mean licensing fees.
"Standard Version" refers to the Package if it has not been
modified, or has been modified only in ways explicitly requested
by the Copyright Holder.
"Modified Version" means the Package, if it has been changed, and
such changes were not explicitly requested by the Copyright
Holder.
"Original License" means this Artistic License as Distributed with
the Standard Version of the Package, in its current version or as
it may be modified by The Perl Foundation in the future.
"Source" form means the source code, documentation source, and
configuration files for the Package.
"Compiled" form means the compiled bytecode, object code, binary,
or any other form resulting from mechanical transformation or
translation of the Source form.
Permission for Use and Modification Without Distribution
(1) You are permitted to use the Standard Version and create and use
Modified Versions for any purpose without restriction, provided that
you do not Distribute the Modified Version.
Permissions for Redistribution of the Standard Version
(2) You may Distribute verbatim copies of the Source form of the
Standard Version of this Package in any medium without restriction,
either gratis or for a Distributor Fee, provided that you duplicate
all of the original copyright notices and associated disclaimers. At
your discretion, such verbatim copies may or may not include a
Compiled form of the Package.
(3) You may apply any bug fixes, portability changes, and other
modifications made available from the Copyright Holder. The resulting
Package will still be considered the Standard Version, and as such
will be subject to the Original License.
Distribution of Modified Versions of the Package as Source
(4) You may Distribute your Modified Version as Source (either gratis
or for a Distributor Fee, and with or without a Compiled form of the
Modified Version) provided that you clearly document how it differs
from the Standard Version, including, but not limited to, documenting
any non-standard features, executables, or modules, and provided that
you do at least ONE of the following:
(a) make the Modified Version available to the Copyright Holder
of the Standard Version, under the Original License, so that the
Copyright Holder may include your modifications in the Standard
Version.
(b) ensure that installation of your Modified Version does not
prevent the user installing or running the Standard Version. In
addition, the Modified Version must bear a name that is different
from the name of the Standard Version.
(c) allow anyone who receives a copy of the Modified Version to
make the Source form of the Modified Version available to others
under
(i) the Original License or
(ii) a license that permits the licensee to freely copy,
modify and redistribute the Modified Version using the same
licensing terms that apply to the copy that the licensee
received, and requires that the Source form of the Modified
Version, and of any works derived from it, be made freely
available in that license fees are prohibited but Distributor
Fees are allowed.
Distribution of Compiled Forms of the Standard Version
or Modified Versions without the Source
(5) You may Distribute Compiled forms of the Standard Version without
the Source, provided that you include complete instructions on how to
get the Source of the Standard Version. Such instructions must be
valid at the time of your distribution. If these instructions, at any
time while you are carrying out such distribution, become invalid, you
must provide new instructions on demand or cease further distribution.
If you provide valid instructions or cease distribution within thirty
days after you become aware that the instructions are invalid, then
you do not forfeit any of your rights under this license.
(6) You may Distribute a Modified Version in Compiled form without
the Source, provided that you comply with Section 4 with respect to
the Source of the Modified Version.
Aggregating or Linking the Package
(7) You may aggregate the Package (either the Standard Version or
Modified Version) with other packages and Distribute the resulting
aggregation provided that you do not charge a licensing fee for the
Package. Distributor Fees are permitted, and licensing fees for other
components in the aggregation are permitted. The terms of this license
apply to the use and Distribution of the Standard or Modified Versions
as included in the aggregation.
(8) You are permitted to link Modified and Standard Versions with
other works, to embed the Package in a larger work of your own, or to
build stand-alone binary or bytecode versions of applications that
include the Package, and Distribute the result without restriction,
provided the result does not expose a direct interface to the Package.
Items That are Not Considered Part of a Modified Version
(9) Works (including, but not limited to, modules and scripts) that
merely extend or make use of the Package, do not, by themselves, cause
the Package to be a Modified Version. In addition, such works are not
considered parts of the Package itself, and are not subject to the
terms of this license.
General Provisions
(10) Any use, modification, and distribution of the Standard or
Modified Versions is governed by this Artistic License. By using,
modifying or distributing the Package, you accept this license. Do not
use, modify, or distribute the Package, if you do not accept this
license.
(11) If your Modified Version has been derived from a Modified
Version made by someone other than you, you are nevertheless required
to ensure that your Modified Version complies with the requirements of
this license.
(12) This license does not grant you the right to use any trademark,
service mark, tradename, or logo of the Copyright Holder.
(13) This license includes the non-exclusive, worldwide,
free-of-charge patent license to make, have made, use, offer to sell,
sell, import and otherwise transfer the Package with respect to any
patent claims licensable by the Copyright Holder that are necessarily
infringed by the Package. If you institute patent litigation
(including a cross-claim or counterclaim) against any party alleging
that the Package constitutes direct or contributory patent
infringement, then this Artistic License to you shall terminate on the
date that such litigation is filed.
(14) Disclaimer of Warranty:
THE PACKAGE IS PROVIDED BY THE COPYRIGHT HOLDER AND CONTRIBUTORS "AS
IS' AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT ARE DISCLAIMED TO THE EXTENT PERMITTED BY YOUR LOCAL
LAW. UNLESS REQUIRED BY LAW, NO COPYRIGHT HOLDER OR CONTRIBUTOR WILL
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES ARISING IN ANY WAY OUT OF THE USE OF THE PACKAGE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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END-USER LICENSE AGREEMENT FOR ASEPRITE
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL.
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Igara Studio S.A. (hereinafter referred to as "Licensor"), for the software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between You and the Licensor, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
The Licensor grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed.
(b) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
(b) Distribution.
You may not distribute copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from the Licensor's websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(d) Rental.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
The Licensor may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
(g) Source code.
You may only compile and modify the source code of the SOFTWARE PRODUCT for your own personal purpose or to propose a contribution to the SOFTWARE PRODUCT.
3. TERMINATION
Without prejudice to any other rights, the Licensor may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
4. COPYRIGHT
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by the Licensor or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by the Licensor.
5. NO WARRANTIES
The Licensor expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. The Licensor does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. The Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. The Licensor further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall the Licensor be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if the Licensor has been advised of the possibility of such damages. In no event will the Licensor be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. The Licensor shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

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The bin files in the images were generated from header files
included with the 2.1.1 release of the "Atmel drivers", released
by Atmel corp in December 2002 and subsequent modifications,
downloaded from atmelwlandriver.sourceforge.net
The copyright on these files was modified (by Atmel corp)
in May 2004 to the form shown below.
/******************************************************************************/
/* Copyright (c) 2004-07-05 Atmel Corporation. All Rights Reserved. */
/* */
/* Redistribution and use of the microcode software ("Firmware") is */
/* permitted provided that the following conditions are met: */
/* Firmware is redistributed in object code only, specifically, only */
/* in two file formats: (a) .h header file; or (b) .rom binary image file; */
/* */
/* Any reproduction of Firmware must contain the above copyright notice, */
/* this list of conditions and the below disclaimer in the documentation */
/* and/or other materials provided with the distribution; and */
/* The name of Atmel Corporation may not be used to endorse or promote */
/* products derived from this Firmware without specific prior written consent.*/
/******************************************************************************/
/******************************************************************************/
/* DISCLAIMER: ATMEL PROVIDES THIS FIRMWARE "AS IS" WITH NO WARRANTIES */
/* OR INDEMNITIES WHATSOEVER. ATMEL EXPRESSLY DISCLAIMS ANY EXPRESS, */
/* STATUTORY OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, */
/* THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR */
/* PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL ATMEL BE LIABLE FOR */
/* ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL */
/* DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS */
/* OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) */
/* HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, */
/* STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING */
/* IN ANY WAY OUT OF THE USE OF THIS FIRMWARE, EVEN IF ADVISED OF THE */
/* POSSIBILITY OF SUCH DAMAGE. */
/* */
/* USER ACKNOWLEDGES AND AGREES THAT THE PURCHASE OR USE OF THE FIRMWARE */
/* WILL NOT CREATE OR GIVE GROUNDS FOR A LICENSE BY IMPLICATION, ESTOPPEL, */
/* OR OTHERWISE IN ANY INTELLECTUAL PROPERTY RIGHTS */
/* (PATENT, COPYRIGHT, TRADE SECRET, MASK WORK, OR OTHER PROPRIETARY RIGHT) */
/* EMBODIED IN ANY OTHER ATMEL HARDWARE OR FIRMWARE EITHER SOLELY */
/* OR IN COMBINATION WITH THE FIRMWARE. */
/******************************************************************************/

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General terms
These General Terms apply to your account with Autodesk and to our Offerings, and constitute a binding contract between us.
1. Acceptance
By accepting these General Terms during your account registration or subscription process, or by accessing or using our Offerings, you confirm your acceptance of these General Terms and other applicable Terms and your agreement to be a party to this binding contract. If you do not agree, you do not have the right to access or use our Offerings.
You agree to these Terms on behalf of the company or other legal entity for which you are acting (for example, as an employee or contractor) or, if there is no company or legal entity, on behalf of yourself as an individual (in either case, “You”). You represent and warrant that you have the right and authority (as well as the capacity—for example, you are of sufficient legal age) to act on behalf of and bind such entity (if any) and yourself.
Additional capitalized terms are defined in these Terms and in the "Definitions" section (Section 22) below.
2. Right Of Return For Refund
For a limited period after You purchase or renew a subscription (the “Return Period”), (i) if You object to any of the terms set forth in these Terms, or (ii) if You object to the Autodesk terms of purchase or auto-renewal (if any) applicable to the purchase or renewal of the subscription, or (iii) if You are dissatisfied (for any reason) with the Offering to which You subscribed, You may return the Offering and may qualify for a refund.
For orders placed directly with Autodesk, Autodesk will provide a full refund of Your subscription fees if You cease use and return the Offering within the Return Period set forth below. For orders placed through a reseller or other third party, please check the applicable return and refund policy of that third party.
Type
Subscription Term
Return Period (measured from the date of purchase or renewal)
New subscription, Renewal of an existing subscription, Addition of users to an existing subscription, Aligning subscription billing or renewal dates
Subscriptions longer than monthly (for example, annual)
30 days
Monthly subscriptions
15 days
Your right of return for refund does not apply to all orders, including orders for cloud credits, consumption-based fees, consulting, advanced consulting, memberships, platform subscriptions or fees, extra-territorial rights and enterprise agreements. For more information please see our Right of Return Policy.
3. Additional Agreements, Special Terms
You may have an additional agreement signed directly with one or more Autodesk entities that supplements or amends these Terms (for example, an enterprise business agreement) (“Additional Agreement”). In addition, Offerings may be subject to special terms (“Special Terms”), including, for example, particular entitlements or restrictions on types of use. Special Terms may apply to a particular Offering or to a particular category of user (for example, students). The Special Terms are set forth in the Special Terms or in the Documentation for the Offering.
You agree to the Special Terms, if any, for an Offering that You subscribe to, obtain, access or use. If You do not agree to all such Special Terms, You may not subscribe to, obtain, access or use the Offering.
If there is any conflict between these General Terms and the Additional Agreement or Special Terms, the Additional Agreement or Special Terms will control in relation to their subject matter. If there is a conflict between the Additional Agreement and the Special Terms, the Additional Agreement will control in relation to its subject matter. Any arrangement with respect to an Offering is expressly conditioned on Your agreement to these Terms, and any further or different terms are rejected.
4. Account
4.1 Account Responsibilities
To subscribe to an Offering, You may need an account. You are responsible for anyone who obtains, accesses or uses Offerings through You or Your account (including Your Authorized Users). This means (among other things) that You are responsible for Your Authorized Users’ compliance with these Terms, including their use of their accounts, as though each of the Authorized Users is You. In certain cases, Your Authorized Users may be required to set up individual accounts or otherwise agree to applicable terms in order to obtain, access or use Offerings, but that requirement does not affect Your responsibility for Your Authorized Users.
You are also responsible for the security of Your account and all activity associated with Your account. This means (among other things) that You (i) will ensure that only Your Authorized Users use Offerings associated with Your account, and (ii) will secure and not share user IDs or passwords (except with authorized account administrators). If You suspect unauthorized use of Your account, please contact https://www.autodesk.com/trust/contact-us.
You will ensure that all Your account information (including any information that You or Your Authorized Users provide in connection with Your registration for any Offering) is, and continues to be, true and complete.
4.2 Account Benefits
Your account is designed to provide a place for You to access and manage Your account information and obtain rights to Software, Web Services and other Benefits, including free benefits. Your account is designed to be accessible virtually anywhere, anytime via the web at accounts.autodesk.com or at other successor or alternative Autodesk sites.
Your account features may include:
Single sign-in to Autodesk sites and services
Single sign-in to Autodesk sites and services
Management of Your subscriptions
Access to Offerings
Access to downloads and trials
Access to technical support, learning resources and subscription news
Usage information regarding Your subscriptions, cloud credits and analytics
5. You Own Your Work
You will retain Your ownership rights to files, designs, models, data sets, images, documents or similar material created by You or Your Authorized Users and submitted or uploaded to any Offering by You or Your Authorized Users.
6. Privacy
Autodesk is committed to protecting Your privacy and letting You know what Autodesk will do with Your personal information. Autodesk’s Privacy Statement sets forth (i) how Autodesk may collect, use, store and process personal information of or relating to You, and (ii) how you may request access to or deletion of Your personal information or exercise other privacy rights. You acknowledge that You have read and understand the Privacy Statement.
7. Subscriptions
Benefits
Your subscriptions may include Software or Web Services or a combination of both Software and Web Services. Your subscriptions may also include additional Benefits.
7.1 Subscriber benefits
You will be entitled to the subscriber Benefits that Autodesk makes generally commercially available to users with the same subscription as You (including level, geography and other attributes). Subscriber Benefits may include, for example:
Technical support
Global travel benefits
Home use benefits
Rights to previous versions
Access to forums, learning events, newsletters, webinars, galleries, and other educational resources
Access to trial versions and APIs
Rights to Updates, Upgrades and other additional Software
Rights to Web Services
For more information about subscriber Benefits in general see Subscription Benefits page
7.2 Subscribing to an offering
Autodesk may offer additional modes of support from time to time. Examples may include online chat, request a callback, support for Software and Web Services APIs provided via Autodesk Developer Network, remote desktop troubleshooting or access to curated technical support resources, including articles, videos and similar content. Modes of support may differ depending on Your Offering. Additional terms may apply to these modes of support, including but not limited to conditions relating to technical requirements. Not all modes of support will be available in every region or every language.
7.3 Length of subscription
Your subscription to an Offering will be for a fixed term of limited length, the length of which should be indicated at the time of purchase and should be reflected on Your confirmation of purchase or other Offering Identification. If no length is indicated, please contact us at https://knowledge.autodesk.com/contact-support and we will determine and confirm the length of Your subscription term.
7.4 Renewal of subscription
At the end of Your subscription period for an Offering, You may be able to renew Your subscription to the extent, and on the same terms, that Autodesk then generally makes commercially available to subscribers of such Offering in the same geography. Certain subscriptions may have the option of automatically renewing. If you would like to cancel any such automatic renewal, please see Cancelling Automatic Renewal for Subscriptions.
7.5 Switched subscriptions
If Your subscription is replaced by a successor or substitute subscription, the new subscription may be considered a Switched Subscription and, if so, will be subject to the Switched Subscription Terms.
8. Scope, Prior Terms, Maintenance Terms
These Terms do not apply to (i) subscriptions purchased before May 18, 2018, unless renewed on or after that date, or (ii) terms on which Autodesk has agreed to provide maintenance for Software that was previously licensed to You on a perpetual basis. Rather, those subscriptions and maintenance arrangements continue to be subject to their existing terms, which are available at Prior Subscription Terms, Maintenance Terms.
9. Software
If You order Software for delivery, or You order an Offering that includes Software (for example, if a Web Service Offering requires client Software), the Software will at Autodesk’s discretion be made available for download through Your account or other electronic means or delivered to You by Autodesk or an Autodesk-authorized third party. Additional fees may apply for delivery of physical media or other tangible embodiments of Software. No matter how Software is delivered, Autodesk will not be liable for any losses or other liability incurred by You or others due to late delivery or delivery to an incorrect address.
For any Offering consisting of Software that Autodesk makes available or delivers to You, and subject to compliance with these Terms and all payment obligations, Autodesk grants to You a nonexclusive, non-sublicensable, nontransferable license, for the period of Your subscription, to install and use the Software (and permit Your Authorized Users to install and use the Software) solely (i) in accordance with the Documentation for the Offering and any applicable Special Terms, if any, and (ii) within the scope of Your subscription, including the permitted number, License Type, Territory and other attributes specified for the type and level that You selected when subscribing for the Offering. If Your Offering Identification or other confirmation from Autodesk of Your subscription does not specify one or more of those attributes, the license will be (a) a Trial Version; (b) for You as an individual or, if You are a company or other legal entity, for one named employee; and (c) for use only within the country or jurisdiction where You acquired the Offering. You may not install, access or use (or allow installation of, access to or use of) any Software other than as authorized by such license and these Terms, and any other installation, access or use is unauthorized.
During the period of Your subscription, Autodesk may make available or deliver Updates or Upgrades to Software. All such Updates and Upgrades are subject to the same license and other terms as the Software to which the Updates or Upgrades apply. You are encouraged to promptly install and use all Updates and Upgrades made available to You during the subscription period. If You receive an Update or Upgrade for any Software, You may install and use both the previous version and the new version of the Software for testing and migration purposes for a maximum of 120 days (beginning on the first installation date for the new version), provided that, during such 120-day period, You do not use both versions concurrently for production use. After such 120 days, (i) Your (including Your Authorized Users’) right to access and use such previous version will end, and (ii) You must stop all access to and use of the previous version (including all access and use by Your Authorized Users), uninstall all copies of the previous version, and, at Autodesk’s request, destroy any such copies or return them to Autodesk or the reseller from which You acquired the Offering. For certain Offerings (because of Special Terms for the Offerings or because of exceptions granted by Autodesk under certain circumstances), You may have certain rights to continue using and accessing previous versions after such 120-day period. Such rights, if any, are set forth in the Previous Version Rights (see Subscription Benefits).
For the duration of a subscription, You may make one archival copy of the Software to which You subscribed solely for Your backup and archival purposes.
Any Software (including any Update or Upgrade) that Autodesk makes available or delivers to You is licensed for a limited subscription period, not sold, and You may not transfer or assign the license, except to the extent expressly permitted by applicable law notwithstanding a contractual prohibition to the contrary or as otherwise expressly permitted by Autodesk in writing. Your subscription to a Web Service does not grant to You a license to the underlying Software used in providing the Web Service.
10. Web Services
If You subscribe to Web Services, Autodesk will provide those Web Services to You for the period of Your subscription, subject to compliance with these Terms and all payment obligations. You may access and use the Web Services solely (i) in accordance with the Documentation for the Offering and any applicable Special Terms, if any, (ii) for Your internal business purposes, in the form made accessible and/or provided by Autodesk, and (iii) within the scope of Your subscription, including the permitted number, Web Services Type, Territory and other attributes specified for the type and level that You selected when subscribing for the Offering. If Your Offering Identification or other subscription confirmation from Autodesk does not specify one or more of those attributes, Your Web Service will be (a) a Trial Version; (b) for You as an individual or, if You are a company or other legal entity, for use by one named employee; and (c) for use only within the country or jurisdiction where You acquired the Offering. You may not access or use (or allow access to or use of) any Web Service other than as authorized by these Terms, and any such access or use is unauthorized.
Autodesk will make the Web Services available to You consistent with the manner in which Autodesk makes such Web Services generally commercially available to users with the same subscription as You (including level, geography and other attributes).
Web Services will be provided using processes and safeguards that are designed to help maintain the security of Your Content. Autodesk from time to time may have external auditors prepare reports for Autodesk subscriber on Autodesk’s adherence to its security controls for certain Autodesk services. You may request from Autodesk a copy of such reports applicable to a Web Service to which You subscribe, subject to Your agreement with Autodesk on non disclosure of and restrictions on use of such reports. Autodesk expects to make available such reports no more frequently than once annually.
11. Access To And Use Of Offerings
11.1 General Access and Use Conditions
Depending on the Offering, You may be required to log into Your account to activate, access or use (or to continue accessing or using) the Offering. Only You, including Your Authorized Users, may access or use an Offering. Access to and use of all Offerings is contingent on (among other things) Your timely payment of all applicable amounts, including any taxes and other fees, with respect to the Offerings and compliance with these Terms.
Some Offerings may cause Your Electronic Devices to automatically connect to the internet (intermittently or on a regular basis)—for example, to validate Your subscription, provide You with access to services (including third-party services) or download and install Updates or Upgrades, all without further notice to You. You agree to such connection and to validation of Your subscription and to the automatic downloading and installation of Updates and Upgrades. For some Offerings, You may be able to adjust Your Update or Upgrade settings (this is not available for other Offerings, including those for which automatic Updates or Upgrades are required for operation or security of the Offering).
Offerings do not include access to the internet or any other network or to any communications services or any hardware, software, storage, security or other resources necessary for accessing or using the Offerings. You and Your other suppliers and service providers are responsible for acquiring all such items and for their reliability, security and performance. Not all Offerings, and not all functions of an Offering (including those described in the Special Terms or Documentation), are available in all locations or languages.
11.2 Autodesk APIs
When You subscribe to an Offering, Autodesk may provide You with access to applications programming interfaces, software development kits, tools, libraries, scripts, sample source code and similar developer material specifically for use of such Offering (collectively, “APIs”). For any such APIs that Autodesk makes available or delivers to You, and subject to compliance with these Terms and all payment obligations, Autodesk grants to You a nonexclusive, non sublicensable, nontransferable license, for the period of Your subscription, to use such APIs only (i) internally in conjunction with and for Your own authorized internal use of the Offering for which the APIs were made available, and (ii) in accordance with any Documentation for the APIs. Some APIs are subject to Special Terms, and Your license to the APIs is subject to those Special Terms. All APIs are confidential and proprietary to Autodesk and may not be distributed or disclosed to any third party or used for any purpose other than as permitted by the Documentation for the APIs and the other requirements of these Terms (and any such other use is unauthorized). If You develop any applications, services, modules or components using all or any portion of the APIs (collectively, “Your Development”), You may use Your Development with third-party software or hardware (including porting Your Development to third-party platforms), but only if You remove from Your Development all elements of the APIs (including any elements based on the APIs) and Your Development (a) does not disclose, make available, incorporate or embody any part of the APIs, and (b) does not incorporate or embody any part of the Offerings or other Autodesk intellectual property. If You wish to use Your Development for any use other than Your internal use with Your Offering (for example, for customers or any users other than You), You will need a separate Developer License.
11.3 Use of Third-Party Material and Services
Autodesk may provide You with content, designs, models, data sets, project information, documents, libraries, audio, links, data, applications and other software, services or similar material of a third party (collectively, “Third-Party Material/Services”) in connection with Offerings. Any such Third-Party Material/Services may be governed by different terms found in such Third-Party Material/Services (for example, in the “About Box” or a .txt file), on a web page specified by Autodesk or in the Special Terms or Documentation for the Offering for which the Third-Party Materials/Services are provided (collectively, “Third-Party Terms”). If there are no Third-Party Terms, Your use must be (i) limited to the same terms as the Offering for which You received the Third-Party Material/Services, and (ii) solely in connection with Your use of such Offering. You take sole responsibility for determining, obtaining and complying with all Third-Party Terms. Autodesk will have no responsibility for, and makes no representations and warranties regarding, (a) any Third-Party Material/Services or Your use of such Third-Party Material/Services, and (b) the Third-Party Terms or Your compliance with such Third-Party Terms.
11.4 Use of Your Content
In order for You to access or use certain Offerings, or for Autodesk to provide You with certain services, You may wish to upload or otherwise share Your Content. Autodesk personnel will not use Your Content except (i) at Your request, or with Your consent—for example, when providing You support, or addressing a technical issue or other request; (ii) in connection with providing and improving Offerings (including maintaining, securing, updating or otherwise modifying Offerings); or (iii) in connection with legal-related obligations, enforcement, investigations or proceedings (for example, in response to a valid subpoena). In general, Autodesk does not screen or review content that is posted to any Offering, website or service or otherwise made available to Autodesk. Autodesk reserves the right, however, to screen and review Your Content, and may block or remove content for any reason, including because it is not in compliance with these Terms (for example, illegal, offensive or phishing-related postings or spam). When You provide or make accessible Your Content, You authorize Autodesk and its designees to use, reproduce, modify, distribute and make available Your Content in connection with providing You with Offerings and allowing Autodesk to fulfill its obligations and as otherwise permitted by these Terms.
You (a) are responsible for all of Your Content and for ensuring that Your Content and its use with any Offering comply with all applicable laws and regulations and these Terms, and (b) warrant that Your Content will not infringe or misappropriate any intellectual property or proprietary rights of any person or violate any applicable laws or regulations. Autodesk recommends that You secure and protect Your Content by using appropriate encryption and security technology. You acknowledge that online services may suffer occasional disruptions or outages, and You may not be able to retrieve Your Content as a result. Autodesk recommends that You regularly backup Your Content to Your own storage. You are at all times responsible for storing and maintaining any such backup copies of Your Content.
11.5 Collaboration and Sharing of Your Content
Some Offerings permit You to collaborate with others, including sharing Your Content or publishing Your Content—for example, to a forum or to other services. If You choose to share or publish Your Content (whether by collaboration on or sharing files with a project, emailing, sharing a link, sharing files with other applications or services, posting in a forum or gallery or otherwise), then others (including, in some cases, the general public) may be able to use, sell, reproduce, modify, distribute, make available, display, transmit and communicate Your Content. Forums and galleries may be public, and submissions are generally public. Once You share or publish Your Content, suspending or terminating access will not delete or inhibit access to any of Your Content that was earlier copied, transferred or otherwise shared or published. If You do not want others to have any such access or any of those rights, do not use the sharing, publishing or other collaboration features of the Offerings and set Your permissions accordingly.
An Offering may feature links to third parties that offer services, software or other materials that complement such Offering. Such links are provided as a convenience to You. Autodesk does not monitor or control what such third parties will do with Your Content. You are responsible for ensuring the appropriate level of access to Your Content by any third party. If You authorize any of Your information or Your Content to be shared with any third party, Autodesk may make available Your information or Your Content to such third party; Autodesk will, however, have no responsibility or liability for the actions of such third party, and all governing terms and conditions, including those regarding privacy, are between You and such third party.
12. Trial Versions
Autodesk may make available or deliver Offerings (or features of an Offering) labelled or offered as “not for resale,” “free,” “evaluation,” “trial,” “pre-release,” “beta” or another similar designation (collectively, “Trial Versions”). You may download, install, access or use Trial Versions only during the period and for the purpose of the trial, as expressly permitted by Autodesk. Except as expressly set forth in the online or other Documentation for the Trial Version or applicable Special Terms, (i) the subscription period for the Trial Version will be limited to 30 days, (ii) Your use will be limited to non-commercial evaluation purposes with no rights to make available or distribute the Trial Version to any third party, and (iii) the use will be only by You as an individual or, if You are a company or other legal entity, by one named employee. Notwithstanding anything contained in these Terms or otherwise, (a) Autodesk makes no commitments with respect to Trial Versions regarding any features, functions, service levels or data and provides no warranties of any kind with respect to Trial Versions, (b) Autodesk may choose not to generally release any Trial Versions or convert any Trial Version into a product offering, and (c) Trial Versions may contain code that is not fully tested, including errors and faults that may cause total data loss or system failure. Subscriptions to Trial Versions do not include Subscription Benefits, and Autodesk reserves the right, without any further notice, to end any Trial Versions at any time.
13. Websites
Separate from its Offerings, Autodesk may provide information on its general websites. You agree to use such Autodesk websites in accordance with our Website Terms of Use.
14. Feedback
You have no obligation to provide Autodesk with ideas for improvement, suggestions or other feedback (collectively, “Feedback”), whether in connection with a Trial Version or otherwise, unless otherwise specified in the Special Terms for an Offering. If, however, You provide any Feedback, You hereby grant to Autodesk a non-exclusive, transferable, irrevocable, worldwide, royalty-free license (with rights to sublicense) to make, use, sell, offer to sell, reproduce, modify, distribute, make available, publicly display and perform, disclose and otherwise exploit the Feedback and any Offerings using the Feedback.
15. Limitations On Use
15.1 Offerings are tools
The Offerings are tools and are intended only to assist You with Your design, analysis, simulation, estimation, testing and other activities and are not a substitute for Your professional judgment or Your own independent design, analysis, simulation, estimation, testing or other activities, including those with respect to product stress, safety and utility. Due to the large variety of potential applications for the Offerings, they have not been designed or tested for any specific uses, and it is Your responsibility to determine whether the use of an Offering is appropriate for the purposes You pursue. Autodesk will not be responsible or liable in any manner whatsoever for the results obtained through use of the Offerings, including any Output. You are responsible for Your (including Your Authorized Users’) use of the Offerings and any results produced by the Offerings, including any Output. Your responsibilities include, without limitation, the determination of appropriate uses for the Offerings and the selection of the Offerings and other computer programs and materials to help achieve Your intended results. You are also responsible for establishing the adequacy of independent procedures for testing the reliability, accuracy, completeness, compliance with applicable legal requirements, and other characteristics of any Output, including, without limitation, all items designed with the assistance of the Offerings. You further acknowledge that the Offerings and Output may not achieve the results You desire within Your design, analysis, simulation, estimation, testing and other constraints.
15.2 Offerings are not designed for storage of sensitive personal information
The data storage functionality associated with Offerings is NOT suitable for the storage of Social Security numbers, credit or debit card numbers, financial account numbers, driver’s license numbers, medical information or health insurance information; data about personal characteristics or other personal information, such as race or ethnic origin, religion or philosophical beliefs, political affiliation or opinions, genetic or biometric data, sexual orientation or trade union membership; or other information that may expose, or pose a risk of harm to, an individual if improperly disclosed or used (collectively, “Sensitive Personal Information”). Except as expressly required by Autodesk (for example, a credit card number used to purchase a subscription), You will not upload or otherwise make available to Autodesk any Sensitive Personal Information, including any files containing Sensitive Personal Information, in connection with Your use of any Offering.
15.3 Acceptable use of offerings
You will access and use (and permit access to and use of) Offerings only in conformance with (and will comply with) all applicable laws. Except as expressly authorized by these Terms, including any Additional Agreement or Special Terms, or as otherwise expressly permitted in writing by Autodesk, You will not:
Reproduce, modify, adapt, translate, port or create derivative works of all or any portion of any Offering, except as expressly permitted by applicable law notwithstanding a contractual prohibition to the contrary;
Sublicense, distribute, transmit, sell, lease, rent, loan or otherwise make available all or any portion of any Offering (including any functionality of any Offering) to a third party or provide any functionality of any Offering to a third party (whether on a service bureau basis or otherwise); and
Access or use any Offering on or through the internet (other than as made available by Autodesk through the internet), any wide-area network (WAN) or any other non-local network; on or through any virtual private network (VPN); or on or through any application virtualization technology, remoting virtualization technology, web-hosting, timesharing, software as a service, platform as a service, infrastructure as a service, cloud or other web-based, hosted or similar service.
In addition, You will not:
Remove any copyright, trademark, confidentiality or other proprietary rights notice from any Offering, Documentation or related material;
Remove, disable or otherwise limit the effectiveness of any technical protection used by Autodesk to (i) manage, monitor, control or analyze the installation of, access to, or use of any Offering or (ii) protect Autodesk’s intellectual property rights;
Post, transmit or otherwise make available using the Offerings any information or material that is or may be:
false, libelous, defamatory, fraudulent or otherwise unlawful or tortious;
threatening, harassing, degrading, hateful or intimidating, or that otherwise fail to respect the rights and dignity of others;
obscene, indecent, pornographic or otherwise objectionable;
protected by copyright, trademark, design rights, trade secret rights, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
a national or state secret, classified information or any other information or material (including any photograph, drawing, plan or model) that is subject to official confidentiality treatment;
secret codes, countersigns, crypto-currency, passwords or other similar information;
advertising, spam, an offer to sell or buy any goods or services, a “chain letter” or any other form of solicitation; or
any malware (such as a virus, worm, Trojan horse, Easter egg, time bomb or spyware) or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, limit the use of, or monitor the use of, any hardware, software or equipment;
Use the Offerings in any way that is fraudulent or otherwise unlawful or tortious, or has any fraudulent or other unlawful or tortious purpose or effect;
Interfere with or disrupt the operation of any Offering or the servers or networks used to make any Offering available, including by hacking or defacing any portion of an Offering;
Attempt to probe, scan or test the vulnerability of any Offering or to breach or circumvent any security or authentication measures used by any Offering;
Use any Offerings as storage for “remote loading” or as a “door” or “signpost” to other web pages or internet resources, whether inside or beyond the sites through which the Offerings are provided;
Collect content or information, from or with an Offering, using automated means (such as any robot, spider, site search/retrieval application or other device to retrieve, index, “scrape,” or “data mine”);
Use any Offering or the output of any Offering in connection with the training of a neural network or machine learning, deep learning or artificial intelligence system or software;
Unbundle the component parts of any Offering for use separate from each other or on different electronic devices (except as may be expressly permitted in writing by Autodesk); or
Use or access Software made available as part of a Web Service separately from the applicable Web Service (except as may be expressly permitted in writing by Autodesk).
16. Confidentiality
You or Autodesk (as the “Disclosing Party”) may disclose or make available Confidential Information to the other party (as the “Receiving Party”) in connection with these Terms. The Receiving Party will use the same degree of care as to the Disclosing Party’s Confidential Information that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) and will (i) use the Confidential Information of the Disclosing Party only in connection with Offerings, and (ii) except as otherwise authorized by the Disclosing Party in writing, limit access to the Confidential Information of the Disclosing Party to those of its employees, consultants, contractors, service providers, professional advisors and other individuals who need such access for purposes related to Offerings and who are subject to confidentiality obligations with the Receiving Party no less stringent than those in these Terms. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so. The Receiving Party will give the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and take reasonable steps to limit such disclosure. Autodesk may also disclose Your Confidential Information to comply with any governmental or regulatory body request (including subpoenas or court orders), as part of a legal proceeding involving Autodesk, or at Your request. If disclosure is made at Your request, You may be responsible for the costs of compiling and providing access to Your Confidential Information.
17. Autodesk Proprietary Rights
You acknowledge and agree that Autodesk and its licensors and suppliers will have all ownership of and all rights with respect to (i) the Offerings, Documentation, APIs, Metrics and other information or material provided or made available by Autodesk to You and (ii) any copies of the foregoing, or any materials or other information based on, derived from or otherwise using any of the foregoing (including all rights under trade secrets, copyrights, trademarks, patents and all other intellectual property or proprietary rights relating to any of the foregoing). The structure and organization, the underlying algorithms and other internals, the protocols, data structures and other externals, and the source code of the Offerings and the APIs constitute proprietary and confidential information of Autodesk, and You will not disclose such information to third parties, or use such information for any purpose other than as required for ordinary-course access to and use of the Offerings as set forth in these Terms, without Autodesk’s prior written consent. Also, You agree not to access or attempt to access the Offerings by any means other than the interface Autodesk provides or authorizes. In addition, You agree not to engage in any decompiling, disassembling or other reverse engineering or otherwise attempting to discover, learn or study the structure or organization, underlying algorithms or other internals, the protocols, data structures or other externals, or the source code of the Offerings or APIs, except as expressly permitted under applicable law notwithstanding a contractual prohibition to the contrary. Autodesk may make available or provide access to other confidential and proprietary information (either marked as such or understood to be such under the circumstances). If You receive such information, You will not disclose it to any third party, or use such information for any purpose other than as required for access to and use of the Offerings as set forth in these Terms, without Autodesk’s prior written consent.
You have only the rights expressly granted to You under these Terms (including any Additional Agreement or Special Terms). All rights not expressly granted are reserved by Autodesk and its licensors and suppliers; Autodesk and its licensors and suppliers expressly disclaim (and You agree not to assert) any other rights.
You agree not to take any action, or to authorize or encourage any third party to take any action (or cooperate with any third party in taking any action), inconsistent with the foregoing.
18. Warranty, Disclaimers, Limitations On Liability
18.1 Limited warranty
Autodesk warrants that, for any paid subscription, as of the date on which the subscribed-for Offering is made available to You and for 90 days thereafter or, if the subscription period is shorter, such shorter period (“Warranty Period”), the Offering will provide the general features and functions described in the end-user Documentation for the Offering. Autodesk’s entire obligation and liability, and Your sole and exclusive remedy, for Autodesk’s breach of this warranty will be for Autodesk, at its option, (i) to attempt reasonably to remedy the breach or (ii) to refund amounts received for the affected subscription and terminate such subscription. You must bring any warranty claim for any Offering within its applicable Warranty Period.
18.2 Disclaimers
EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN THE “Limited Warranty” SECTION (Section 18.1) ABOVE, AND ANY EXPRESS WARRANTIES SET FORTH AS SUCH IN ANY ADDITIONAL AGREEMENT OR SPECIAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (i) THE OFFERINGS ARE PROVIDED “AS IS,” AND (ii) AUTODESK AND ITS LICENSORS AND SUPPLIERS MAKE, AND YOU RECEIVE, NO WARRANTIES, REPRESENTATIONS, CONDITIONS OR COMMITMENTS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OF THE OFFERINGS OR ANY OUTPUT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT OR OTHER WARRANTIES OR CONDITIONS IMPLIED BY STATUTE, OR ANY WARRANTIES OR CONDITIONS BASED ON A COURSE OF DEALING, USAGE OF TRADE OR INDUSTRY STANDARDS. Any statements about the Offerings (including any statements about their functionality or performance) or Output, or other communications with You, that are not contained in these Terms or any Additional Agreement or Special Terms are for information purposes only and do not constitute a warranty, representation, condition or other commitment. Without limitation as to the generality of the foregoing, Autodesk does not warrant or otherwise commit that (a) the Offerings or Output, or the access thereto or use thereof, will be available, uninterrupted, error-free, secure, accurate, reliable or complete, (b) the Offerings will meet any particular performance or availability criteria, (c) Your Content will not be lost or damaged or (d) errors will be corrected or any particular support requests will be resolved to meet Your needs. Any reference to “unlimited” access, use, storage or otherwise with respect to an Offering is subject to the technical limitations of the Offering.
18.3 Limitations on liability
Neither Autodesk nor any of its licensors or suppliers will have any liability (directly or indirectly) for any incidental, special, indirect, consequential or punitive damages; loss of profits or revenue; business interruption or loss of use; cost of procurement of substitute goods or services or other cover; failure of or defects in the Output; loss, corruption or deletion of (or failure to delete) data or Your Content; or damages resulting from Force Majeure (in each case, regardless of the legal theory for seeking such damages or other liability). In addition, the aggregate liability of Autodesk and its licensors and suppliers with respect to any Offering or Output thereof will in no event exceed the amount paid or payable by You for the Offering in the one-year period before the events or circumstances giving rise to the liability first occurred.
The limitations on liability in these Terms will apply to the maximum extent permitted by applicable law to any damages or other liability, however caused and regardless of the theory of liability, whether based on contract, tort (including negligence and strict liability), indemnification, recourse, statute or otherwise, even if Autodesk has been advised of the possibility of the liability and regardless of whether the limited remedies in these Terms fail of their essential purpose.
You acknowledge that the amounts payable for the Offerings are based in part on and reflective of the disclaimers of warranties and limitations on liability in these Terms and that such disclaimers and limitations are an essential element of the bargain between You and Autodesk.
Nothing in these Terms purports to restrict or exclude Autodesk’s liability for (i) death or personal injury caused by Autodesk’s willful intent or gross negligence or (ii) Your damages or losses caused by Autodesk’s fraud.
18.4 Relationship to applicable law
Autodesk does not seek to limit Your warranties, Your other rights and remedies, or the liability of Autodesk for damages or losses to the extent the limits are not permitted by applicable law (such as statutory warranties, conditions, remedies or liabilities that cannot be excluded by applicable law). Nothing in these Terms restricts the effect of warranties, the liability of Autodesk for damages or losses or other terms that cannot be excluded or otherwise modified under applicable law notwithstanding a contractual restriction to the contrary. These Terms give You specific legal rights, and You may also have other legal rights, which vary from jurisdiction to jurisdiction. For example, some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to You. Some of these legal requirements are described in the "Country/Jurisdiction-Specific Terms" section (Section 23).
19. Indemnity
You will indemnify and hold harmless (and, at Autodesk’s request, defend) Autodesk against any and all losses, liabilities, expenses (including reasonable attorneys’ fees) suffered or incurred by Autodesk by reason of any claim, suit or proceeding (“Claim”) arising out of or relating to (i) Your Content; (ii) Your (including Your Authorized Users’) use of Offerings, including any Output or other results produced by such use; and (iii) Your (including Your Authorized Users’) breach of these Terms (including any Additional Agreement, any Special Terms or any other applicable terms).
20. Term, Termination, Suspension
These Terms become effective on the first date accepted in accordance with the "Acceptance" section (Section 1) and continue in effect indefinitely unless terminated in accordance with this “Term, Termination, Suspension” section (Section 20).
20.1 Your right to terminate
You may terminate Your subscriptions and these Terms if Autodesk is in material breach of these Terms (including any Additional Agreement, any Special Terms or any other applicable terms) and fails to cure such breach within 30 days after written notice of the breach.
20.2 Autodesk's right to terminate
Autodesk may terminate any or all of Your subscriptions or other Offerings, these Terms and/or Your account, if (i) You have no current paid subscriptions; (ii) You have failed to timely pay any amounts (including fees and taxes) owing with respect to any Offerings or otherwise owing to Autodesk; (iii) You (including any of Your Authorized Users) are in material breach of these Terms (including any Additional Agreement, any Special Terms, or any other applicable terms) and fail to cure such breach within 30 days after written notice of the breach; or (iv) You become subject to bankruptcy or insolvency proceedings, become insolvent, make an arrangement with or affecting Your creditors (including an assignment for the benefit of creditor) or commence a process of liquidation. These Terms will automatically terminate without further notice or action by Autodesk if You go into liquidation.
20.3 Effect of termination of subscription
Upon expiration or termination of a subscription or other Offering for any reason, Your rights with respect to that Offering, including any related Software license or subscription Benefits, will end. At that time, You will stop all access to and use of the Offering (including all access and use by Your Authorized Users) and uninstall any and all copies of materials related to such Offering (including any related Software, Documentation, APIs or other material from Autodesk). In addition, at Autodesk’s request, You will destroy any such copies or return them to Autodesk or the reseller from which You acquired the Offering. You will retain proof that You returned or destroyed all such copies. In connection with the expiration or termination of a subscription, (i) as a convenience to You for some Web Services, Autodesk will, upon Your written request, provide You with a brief period (for example, 30 days) in which You may retrieve Your Content after expiration or termination of the Web Services, if You are in compliance with these Terms and pay the applicable fees, if any (for example, Autodesk’s then-current professional services fees for any assistance Autodesk provides), and (ii) otherwise, Autodesk may delete, without notice, any or all of Your Content, including backup and other copies thereof. For more information on post-expiration/termination content retrieval, please check with the individual Web Services Offering. This convenience for some Web Services, if available, does not relieve You of responsibility for retaining and securing complete copies of Your Content at all times.
20.4 Effect of termination of terms
Upon any termination of these Terms for any reason, (i) Your account and Your subscriptions and other Offerings, including those of Your Authorized Users, will immediately terminate, (ii) You will cease all access to and use of any Offerings (including all access and use by Your Authorized Users), and (iii) the effects described above with respect to expiration or termination of a subscription or other Offering will apply. Your payment obligations, ownership of Your work (as described in the “You Own Your Work” section (Section 5)), obligations with respect to APIs and Your Development (including those in the “Autodesk APIs” section (Section 11.2)) and indemnity obligations (including those in the “Indemnity” section (Section 19)); the license as to Feedback (in the “Feedback” section (Section 14)); Autodesk’s rights and Your obligations with respect to proprietary rights (including the rights and obligations in the “Autodesk Proprietary Rights” section (Section 17)); the disclaimers and limitations on liability (in the “Limited Warranty, Disclaimers, Limitation on Liability” section (Section 18)); the governing law and dispute resolution provisions (in the “Contracting Autodesk Entity, Governing Law, and Dispute Resolution” section (Section 21.4)); and Your responsibility for anyone who accesses or uses (or obtains) Offerings through You or Your account (including Your Authorized Users) (including the responsibility described in the “Account” section (Section 4)) will survive termination for any reason.
20.5 Autodesk's right to suspend
If Autodesk believes in good faith that Your Content or Your conduct or failure to act (including the conduct or failure of Your Authorized Users) may (i) pose a security risk or otherwise adversely impact Offerings, systems or other users; (ii) constitute or enable tampering with, removing, disabling or otherwise limiting the effectiveness of any technical protections (including any mechanisms for managing, monitoring, controlling or analyzing the installation of, access or, or use of any Offerings or protections of Autodesk’s intellectual property rights); (iii) subject Autodesk, any reseller or any other user to liability; or (iv) not comply with these Terms (including any Additional Agreement, any Special Terms or any other applicable terms), including failure to pay any amounts owing with respect to any Offerings, Autodesk has the right, but not the obligation, to immediately disable or suspend Your access to and use of any Offerings and access to and use of Your Content. Unless Autodesk reasonably determines that immediate action is prudent, Autodesk will seek to notify You of the planned disabling or suspension before it takes effect.
21. Miscellaneous
21.1 Changes to the offerings
Autodesk reserves the right from time to time to (and You acknowledge and agree that Autodesk may) (i) modify or release subsequent versions of an Offering, or may discontinue an Offering and/or provide instead a substitute Offering; (ii) modify or discontinue the Benefits, features and functionality, or supporting services or availability with respect to an Offering, whether generally or in any geographic area or language; or (iii) add or modify license keys, authorizations or other means of controlling access to or use of the Offerings. Autodesk will endeavor to inform You of major changes to the Offerings.
21.2 Changes to terms
To the maximum extent permitted by applicable law, Autodesk reserves the right from time to time to (and You acknowledge that Autodesk may) modify these Terms. Autodesk will endeavor to notify You of any material modification to the Terms that may have a materially adverse effect on You (“Modification Notice”), and You will then have an opportunity to review such modification. Except as otherwise expressly set forth in these Terms (including any Additional Agreement or Special Terms), if any such modification has a material adverse effect on You and You do not agree to the modification, You may reject the modification by notifying Autodesk of the rejection within 30 days of the Modification Notice. If You reject a modification under these circumstances, (i) Your access to and use of any Offerings affected by the modification will continue to be governed by the terms in effect immediately before the modification (except to the extent the modification was made for security, privacy or legal compliance reasons) until (a) the end of the then-current period for the subscription or other Offering, if applicable, or (b) 180 days after the Modification Notice, whichever is earlier; and (ii) Your rights to such Offerings, including any related subscription Benefits, will then terminate. In the event of such a termination by You, Autodesk (or an applicable reseller) will refund the prorated portion of any prepaid fees applicable to the remaining term of Your subscription for the affected Offerings after the effective date of termination. Such date will be the end of the term of such Offerings. If the subscription is renewed or extended, it will be under the then-current Terms. Notices by You or Autodesk will be provided as set forth below, except that You may also provide Your notice of rejection (within the 30-day period described above) to the email address, or in any other manner, specified in the Modification Notice.
Notwithstanding the forgoing, modifications to the Privacy Statement, Special Terms, Subscription Types, Subscription Benefits or other policies will be handled as described therein.
You acknowledge that Your commitments with respect to the Offerings and Subscription Benefits are not contingent on delivery of future features or functionality (or oral or written statements about future features or functionality).
21.3 Language of terms; Interpretation
The English language version of these Terms will be the version used when interpreting or construing these Terms, and any notices or other communications in connection with these Terms will be provided in the English language. Any reference in these Terms to “days” are to calendar days unless otherwise specified. The words “including” and “for example” or “e.g.,” and words of similar import, are not limiting or exclusive and will be deemed followed by “without limitation,” whether or not such language is included. Section and other headings are for ease of reference only and are not to be used to interpret the meaning of any provision. Any rights and remedies provided for in these Terms are cumulative and are in addition to, and not in lieu of, any other rights and remedies available under applicable law.
21.4 Autodesk Party, Governing Law, and Dispute Resolution
Depending on where Your principal place of business is (or, if You are an individual, where You are resident), these Terms are between You and the Autodesk Party set out below. The governing law for these Terms, including any rights, obligations and claims of the parties, will be as specified below. Similarly, any dispute, claim or controversy arising out of or relating to these Terms, including the breach, performance, termination, enforcement, interpretation or validity of these Terms (and whether under contract, tort, including and strict liability, competition law or otherwise), and including the determination of the scope or applicability of the dispute resolution provisions of these Terms, will be finally determined under the law, in the location and by the dispute resolution process specified below (except as may be specified in the "Country/Jurisdiction-Specific Terms" section (Section 23).
Your principal place of business (or, if You are an individual, the place of Your residency)
References to “Autodesk Party” means the following Autodesk entity:
Governing law is:
Exclusive jurisdiction/forum for dispute resolution:
United States
Autodesk, Inc., a Delaware corporation
(i) State of California, and (ii) to the extent controlling, federal laws of the United States
(i) United States District Court for the Northern District of California in San Francisco, or (ii) Superior Court of the State of California, County of Marin
Mainland China, Hong Kong and Macau
Autodesk, Inc., a Delaware corporation
Hong Kong
Arbitration before three arbitrators in Hong Kong administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC administered arbitration rules in force when the notice of arbitration is submitted
Europe, the Middle East or Africa
Autodesk Ireland Operations Unlimited Company, an Irish company
Ireland
Courts of Ireland
Asia, Oceania or the Asia-Pacific region, other than Mainland China, Hong Kong and Macau.
Autodesk, Inc., a Delaware corporation
Singapore
Courts of Singapore
Worldwide unless in a country or region described above
Autodesk, Inc., a Delaware corporation
(i) State of California, and (ii) to the extent controlling, federal laws of the United States
(i) United States District Court for the Northern District of California in San Francisco, or (ii) Superior Court of the State of California, County of Marin
If You have any dispute with respect to an Offering or otherwise arising from or relating to these Terms (including any Additional Agreement, any Special Terms, the Autodesk Privacy Statement or any other applicable terms), You will first seek to resolve the dispute informally with the Autodesk Party as set forth above by providing notice of the dispute (including a description of the dispute and related documentation) in the manner described below for Notices and cooperating with the Autodesk Party to try to address the matter amicably. If the dispute is not resolved within 30 days from receipt of the notice, either You or the Autodesk Party may file a formal claim in the forum for dispute resolution described above (depending on Your principal place of business or, if You are an individual, Your place of residence).
Notwithstanding the foregoing, Autodesk may apply for injunctive relief and other equitable remedies (or their equivalent) in any jurisdiction or forum.
21.5 Compliance
Autodesk has the right to verify the installation of, access to, and use of any Offerings by You and Your Authorized Users. As part of any such verification, Autodesk or its authorized representative has the right, on 15 days’ prior notice, to inspect Your records, systems and facilities, including machine IDs, serial numbers, Autodesk IDs, and other related information, on Your premises using an Autodesk approved verification tool. In addition to Autodesk’s right to perform a verification on Your premises, You shall within 15 days of such verification request, provide a report to Autodesk using an Autodesk approved verification tool, that contains information relating to the installation of, access to, and use by You and Your Authorized Users of any Offerings including machine IDs, serial numbers, Autodesk IDs, and other related information. If Autodesk determines that Your installation of, access to, or use is not in conformity with these Terms (including any Additional Agreement, Special Terms or other applicable terms), You will immediately purchase new subscriptions to remedy the noncompliance, and pay Autodesk’s reasonable costs of the verification. Autodesk reserves the right to seek any other remedies available at law or in equity.
21.6 Force majeure
Neither party will be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including acts of God, earthquake, fire, flood, sanctions, embargoes, strikes, lockouts or other labor disturbances, civil unrest, failure, unavailability or delay of suppliers or licensors, riots, terrorist or other malicious or criminal acts, war, failure or interruption of the internet or third party internet connections or infrastructure, power failures, acts of civil and military authorities and severe weather (“Force Majeure”). The affected party will give the other party prompt written notice (when possible) of the failure to perform and use its reasonable efforts to limit the resulting delay in its performance.
21.7 Export
When You obtain, access or use an Offering, You must comply with the export control and international trade laws and regulations of the United States and of any other country whose laws apply to You or Your Content. You must not access or use any Offering from within a U.S. sanctioned location or if You appear on any U.S. government restricted parties list. You must obtain U.S. government and any other required authorization before You obtain, access or use, or allow any third party to obtain, access or use, any Offering for a U.S.-restricted end use. Restricted end uses include, but are not limited to, work on nuclear, chemical or biological weapons or on missile systems capable of delivering them. You must not upload or otherwise provide Autodesk with any content or materials (including Your Content) that constitute classified information or that are subject to the International Traffic in Arms Regulations (“ITAR”) or its foreign counterparts. You must not upload or otherwise provide Autodesk with any content or materials that cannot legally be transferred from Your location to the United States or from the United States to Your location. You must not use any Offering to make Your Content or any other content or materials available to any country, entity or other party that cannot legally receive them under U.S. and other applicable law.
21.8 Government
For U.S. Government procurement, all Offerings that constitute or include Software are deemed to be commercial computer software as defined in FAR 12.212 and DFARS 227.7202, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Software by the U.S. Government will be solely in accordance with the license rights, restrictions and other terms set forth in these Terms (including any Additional Agreement or Special Terms).
21.9 Assignment
You may not assign or otherwise transfer these Terms or Your rights or obligations under these Terms (whether by operation of law or otherwise) without Autodesk’s prior written consent, and Autodesk may terminate these Terms (including Your rights under these Terms) if You are acquired by, or come to be controlled by, any other person or entity (whether by acquisition of shares, merger, or other transaction) without such written consent of Autodesk. Autodesk may assign or otherwise transfer these Terms (without Your consent or notice to You) as part of a reorganization, merger, sale of assets or other transaction that involves all or a portion of the Offerings or related business.
21.10 No waivers
Failure to enforce or exercise any provision of these Terms is not a waiver of such provision, unless such waiver is specified in writing and signed by the party against which the waiver is asserted.
21.11 Severability
If and to the extent any provision of these Terms is held unenforceable under applicable law, (i) such provision will be deemed modified to the extent reasonably necessary to conform to applicable law but to give maximum effect to the intent of the parties set forth in these Terms, and (ii) such provision will be ineffective only as to the jurisdiction in which it is held unenforceable without affecting enforceability in any other jurisdiction.
21.12 Notices
Any notices by You to Autodesk will be sent by postal mail or delivery service to Autodesk, Inc., 111 McInnis Parkway, San Rafael, California 94903, USA, Attention: General Counsel. Such notices will be effective when received by Autodesk.
Except as otherwise expressly stated in these Terms (including any Additional Agreement or Special Terms), any notices by Autodesk to You will be provided (i) by email to the registered email address associated with Your account, (ii) by posting to Your account, (iii) by posting within an Offering (for example, through an in-Offering notification function or sign-in notification), (iv) by postal mail or delivery service to the address associated with Your account, or (v) in any other manner deemed reasonable by Autodesk that involves specific notification to You. Notices from Autodesk to You will, (a) in the case of notices by email, be effective one day after being sent and (b) in the case of other notices, five days after being posted or sent. You hereby agree to service of process being effected on You by registered mail sent to the address set forth on Your Customer Information Form (or, if no Customer Information Form has been provided, Your last address known by Autodesk) if so permitted by applicable law.
21.13 Entire agreement
These Terms, including the Privacy Statement, any Additional Agreement and any Special Terms (which are incorporated by reference in these Terms), constitute the entire agreement between You and Autodesk (and merge and supersede any prior or contemporaneous agreements, discussions, communications, representations, warranties, advertising or understandings) with respect to the subject matter hereof.
21.14 DMCA
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If You believe in good faith that materials made available by or through Autodesk infringe Your copyright, You (or Your agent) may send Autodesk a notice requesting that Autodesk remove the material or block access to it. If You believe in good faith that someone has wrongly filed a notice of copyright infringement against You, the DMCA permits You to send Autodesk a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:
Copyright Agent
Autodesk, Inc.
111 McInnis Parkway
San Rafael, CA 94903 USA
E-mail: copyright.agent@Autodesk.com
Tel: +1 (415) 507.5000
Fax: + 1 (415) 507.6128
Autodesk suggests that You consult Your legal advisor before filing a notice or counter-notice.
22. Definitions
Authorized Users means (i) You (if You are an individual) and (ii) identified individuals (such as Your individual employees, consultants and contractors and other individuals accessing and using an Offering for Your benefit) for whom You have acquired a subscription to an Offering. If an Offering allows You to designate Authorized Users for such Offering, You will be responsible for providing notice to, and obtaining agreement from, any such Authorized Users regarding the application of these Terms to their access to and use of such Offering prior to their access and use.
Autodesk means Autodesk, Inc., a Delaware (United States) corporation, together with its subsidiaries and other affiliates.
Autodesk Party means the particular Autodesk entity identified in the section entitled “Autodesk Party, Governing Law, and Dispute Resolution” (Section 21.4).
Benefits means any benefits made available to You or Your Authorized Users by Autodesk. Benefits are typically based on the level or type of Offering for which You subscribe. Benefits may include access to Updates and Upgrades, rights to previous versions, additional Software or Web Services, Trial Versions, APIs, Global Travel Rights, technical support, training, webinars, forums, events, galleries, newsletters and usage data. Benefits may also include account benefits such as single sign-on and management of Your profile, security settings, linked accounts and preferences.
Confidential Information means information not generally known to the public that is (i) made available or disclosed by a Disclosing Party to a Receiving Party in writing and (ii) designated by the Disclosing Party in writing as Confidential. Autodesk Confidential Information also includes the non-public aspects of (i) any Offering and any related product plans, technology and other technical information and (ii) business negotiations. Nonetheless, Confidential Information does not include (a) any information that (1) becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (2) was known to the Receiving Party before receipt from the Disclosing Party without breach of any obligation (and without a duty of confidentiality) owed to the Disclosing Party; (3) is received from a third party without breach of any obligation (and without a duty of confidentiality) owed to the Disclosing Party; or (4) was independently developed by the Receiving Party; (b) any of Your Content that You send to, or allow to be accessed by, a third party through an Offering; or (c) any Feedback.
Customer Information Form means a form completed by or on behalf of You and submitted to Autodesk (or to a reseller), directly or indirectly, in connection with Your account, a subscription or other Offering.
Documentation means any end-user documentation (including online, printed or other documentation) and any technical or legal requirements for an Offering.
Electronic Devices mean (i) computers (whether desktop, laptop or tablet); (ii) virtual machines not accessed through a network connection; and (iii) mobile devices.
License Type means the license type specified by Autodesk for a subscription (for example, single-user or multi-user). License Types are set forth on Subscription Types.
Metrics means data and other information regarding access to and use of any Offerings (including Your access and use). Metrics includes information regarding usage of features, functions, storage and indexes and information regarding usage, volume, type, storage and processing of Your Content (but not Your Content itself). If Metrics includes any personal information, treatment of such personal information will be pursuant to the Privacy Statement.
Offerings means Software, Web Services and other Benefits provided by Autodesk and any subscriptions for such items. Offerings includes free and other Trial Versions of Software, Web Services and other Benefits.
Offering Identification means one or more designations by Autodesk that set forth (as applicable) the name of an Offering, the License Type or Web Services Type, and the permitted number, Territory and length of Your subscription. The Offering Identification may be (i) provided in a written confirmation or other notice issued to You by Autodesk, posted to Your account, transmitted via email, physically delivered or otherwise made available to You; (ii) located in the Software or on or with any Autodesk packaging if the Software is delivered to You; or (iii) obtained from Autodesk on request. Offering Identification does not include any designation, confirmation, packaging or other document provided by a reseller or other third party.
Output means all results, work product, designs, prototypes or other items created or generated by or through any use of any Offering, including any products, parts or services based on or using such results, work product, designs, prototypes or other items.
Software means any software or similar materials, including any modules, components, features and functions, made available by Autodesk, whether or not provided as part of a subscription and whether or not provided for a fee. Software includes Updates and Upgrades.
Terms (including “these Terms”) means these General Terms and the other terms referenced in these General Terms, including the Special Terms, Autodesk Privacy Statement and Additional Agreement (if any), together with any other applicable terms.
Territory means the country or jurisdiction where You acquired Your subscription. Autodesk may indicate the applicable Territory in an Offering Identification. For additional information regarding the definition of Territory see the “Country/Jurisdiction-Specific Terms” section (Section 23). If You acquire Your subscription in the country or jurisdiction in which You are incorporated, chartered or otherwise organized, if You are a legal entity (or, if You are an individual, in the same country or jurisdiction as Your residence), You may qualify for additional geographies pursuant to Global Travel Rights benefits, see Subscription Benefits.
Trial Versions will have the meaning set forth in the "Trial Version" section (Section 12).
Updates means security fixes, hot fixes, patches and other updates (including new features, new functions and other modifications released between Upgrades), if and when made available to You by Autodesk and determined by Autodesk to constitute an update.
Upgrades means new versions of Offerings, or add-ons to or additional products associated with Offerings, if and when made available to You by Autodesk and determined by Autodesk to constitute an upgrade.
Web Service means a web- or cloud-based service made available by Autodesk, whether or not provided as part of a subscription and whether or not provided for a fee.
Web Services Type means the Web Services type specified by Autodesk for a subscription (for example, number of cloud credits). Web Services Types are set forth on Subscription Types.
Your Content means (i) any files, designs, models, data sets, images, documents or similar material submitted or uploaded to any Offering by You or Your Authorized Users and (ii) Your specific output generated from the use of any Offering based on Your own raw data or information.
23. Country-Specific Terms
Notwithstanding the other terms of these Terms, if Your principal place of business is in (or, if You are an individual, You are a resident of) a country or jurisdiction identified below, the terms set forth below for such country or jurisdiction will apply to You:
23.1 Member states of the European Union
If You acquired Your subscription in a member country of the European Union or the European Free Trade Association, the applicable “Territory” for such subscription is all the countries of the European Union and the European Free Trade Association.
If Your principal place of business is in (or, if You are an individual, You are resident of) a Member State of the European Union and there are any court proceedings in a Member State between You and a third party relating to the use of an Offering, (i) You will inform Autodesk promptly in writing of such court proceedings, and (ii) You will not serve Autodesk with a third party notice regarding such proceedings unless Autodesk requests in writing that You do so.
In addition, the following provisions apply if You are contracting with Autodesk Ireland Operations Unlimited Company (“Autodesk Ireland”) as a consumer and are resident in a country that is a Member State of the European Union:
(i) The choice of the law of Ireland as governing law will not deprive You of the protections granted to You by provisions of the law of the country where You reside that cannot be derogated from by contract pursuant to the law of such country. Autodesk Ireland may bring a claim with respect to an Offering against You only in the courts of the country where You reside, and You have the right to bring a claim with respect to an Offering against Autodesk Ireland either in the courts of Ireland or in the courts of the country where You reside. In any case, You and Autodesk Ireland have the right to bring a counterclaim in the court in which, in accordance with this provision, the original claim is pending.
(ii) If Autodesk assigns or otherwise transfers these Terms, Autodesk will ensure that the assignment or other transfer does not prejudice Your rights under these Terms. You may request Autodesk’s consent to the assignment or other transfer by You of these Terms and Your rights and obligations under these Terms. Any such consent by Autodesk will be subject to demonstration by You that the transferee will comply with these Terms, that You will remain responsible for such compliance, and that You will no longer have any access to or use of any Offering (including any functionality of any Offering).
(iii) Notwithstanding the “Entire Agreement” section (Section 21.13) of these Terms, such section will not exclude Autodesk’s liability to You for (a) misrepresentations in voluntary statements about an Offering made by Autodesk to You that You rely on in purchasing the Offering; or (b) failure to provide pre-contract information regarding an Offering that Autodesk is required by the law of the country where You reside to provide to You before purchasing the Offering.
Also, nothing in these Terms purports to restrict or exclude (1) Autodesk’s liability for death or personal injury caused by Autodesk’s negligence or (2) statutory liability for products under the statute of a Member State of the European Union (e.g., the German Product Liability Act).
In addition, notwithstanding any limitations on Territory in these Terms, these Terms do not limit cross-border access or use (such as access or use in one Member State of the European Union of Offerings purchased in another Member State of the European Union) that is expressly authorized by applicable law.
23.2 Australia
The following provision may apply to You depending on Your circumstances:
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
In addition to your other rights and remedies under law in relation to the Offerings, Offerings that are legitimately purchased also come with a 90-day limited warranty as set out in these Terms. For Australian customers, the warranty is given by Autodesk Australia Pty Ltd, an Australian company with principal offices at Level 5, Building C, 11 Talavera Road, Macquarie Park, New South Wales, Australia. If an Offering does not provide the general features and functions described in the Documentation in the 90-day period after delivery to You, please call (+61) (0) 2 9844 8000 with details of Your product, serial number, place of purchase, details of the defect and Your return contact details.
Autodesk will not be responsible for user error and may refer any such issues to a supporting reseller, if any. You may be required to return the Offering to the address we provide to You at the time, at Your own cost.
DESPITE ANYTHING ELSE IN THESE TERMS, IF ANY OFFERING IS SUBJECT TO THE MANDATORY WARRANTIES OR GUARANTEES OF THE COMPETITION AND CONSUMER ACT (CTH) OR OTHER APPLICABLE LAW IN AUSTRALIA (THE “LAW”), AND SUCH LAW PERMITS AUTODESK TO LIMIT ITS LIABILITY FOR BREACH OF THESE WARRANTIES OR CONDITIONS, THEN AUTODESK’S LIABILITY FOR BREACH OF ANY SUCH WARRANTY OR GUARANTEE WILL BE LIMITED AT AUTODESK’S OPTION TO THE REPAIR, REPLACEMENT OR REPERFORMANCE (OR THE COST OF DOING SO) OF THE RELEVANT OFFERING.
23.3 Mainland China, Hong Kong, Macau and Taiwan
If You acquired Your subscription in mainland China, the “Territory” for such subscription is Mainland China. Likewise, if You acquired Your subscription in Hong Kong, the “Territory” for such subscription is Hong Kong; if You acquired Your subscription in Macau, the “Territory” for such subscription is Macau, and if You acquired Your subscription in Taiwan, the “Territory” for such subscription is Taiwan.
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xThe source code to Aliens Vs Predator is copyright (c) 1999-2000 Rebellion and
is provided as is with no warranty for its suitability for use. You may not
use this source code in full or in part for commercial purposes. Any use must
include a clearly visible credit to Rebellion as the creators and owners, and
reiteration of this license.

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IMPORTANT - READ CAREFULLY: This Software License Agreement ("Agreement")
is a legal agreement between Licensee (either an individual or a single
entity), (“Licensee”) and Avago Technologies General IP (Singapore) Pte.
Ltd., ("Broadcom") for the Licensed Code, (hereinafter defined).
By installing, copying, or otherwise using the Licensed Code (hereinafter
defined), Licensee agrees to be bound by the terms of this Agreement. If
Licensee does not agree to the terms of this Agreement, Licensee may not
install, copy or use the Licensed Code. The Licensed Code is licensed, not
sold.
NOW THEREFORE, in consideration of the foregoing and the mutual promises
and covenants contained in this Agreement the parties hereby agree as
follows:
1. Definitions
1.1. "Authorized Use for Source Code" means use of the Source Code solely
for the purpose of internally developing, modifying, integrating and
testing Licensee's Products to interface with Broadcom Devices
authorized for such integration, and for no other use or purpose.
1.2. "Authorized Use for Binary Code" means use of the Binary Code solely
for the purpose of internal evaluation or developing, integrating,
testing and use of Licensee's Products to interface with Broadcom
Devices and for no other application, use or purpose.
1.3. "Authorized Use for Internal Code" means use of the Internal Use Code
solely for the purpose of internally developing, modifying,
integrating and testing Licensee's Products to interface with Broadcom
Devices authorized for such integration, and for no other use or
purpose.
1.4. "Documentation" means explanatory and informational materials or
documentation concerning the Licensed Code, in printed or electronic
format, including without limitation, manuals, descriptions, user and/
or installation instructions, diagrams, printouts, listings,
flowcharts, and training materials, contained on visual media such as
paper or photographic film, or on other physical storage media in
machine-readable form. Documentation does not include any code.
1.5. "Licensed Code" means collectively all the software programs which are
owned or distributed by Broadcom and obtained by Licensee via download
from the Broadcom support web-pages through acceptance of this
Agreement. The Licensed Code is specifically referenced individually
in this Agreement as Source Code, Binary Code, or Internal Use Code.
1.6. "Licensee Products" means the hardware and software (and related
Licensee documentation) that will be developed or modified by or for
Licensee utilizing the Licensed Code for the purpose of interfacing or
being used with Broadcom Devices.
1.7. "Updates" means maintenance releases, bug fixes, errata or other
corrections, and minor improvements or modifications to the Licensed
Code which may be provided by Broadcom to Licensee from time to time
at Broadcom's sole discretion. Broadcom is under no obligation to
provide Updates or provide support and maintenance services to
Licensee or Licensee Subsequent Users.
1.8. "New Version" means significant changes, modifications, enhancements,
and/or functional improvements to the Licensed Code. New Versions are
made and generally distributed solely at the discretion of Broadcom.
Licensee must use the latest New Version of Licensed Code that is
available. Broadcom is under no obligation to port any development
work from one version to the latest New Version of Licensed Code.
1.9. "Broadcom Devices" means those Broadcom products intended for use with
the Licensed Code and purchased from Broadcom or its agents.
1.10. "Derivative Works" means: (a) for copyrightable or copyrighted
material, any translation (including translation into other computer
languages), port, modification, correction, addition, extension,
upgrade, improvement, compilation, abridgment or other form in which
an existing work may be recast, transformed or adapted; (b) for
patentable or patented material, any improvement thereon; and (c) for
material which is protected by trade secret, any new material derived
from such existing trade secret material, including new material
which may be protected by copyright, patent and/or trade secret.
1.11. "Intellectual Property Rights" means (by whatever name or term known
or designated) copyrights, trade secrets, patents, moral rights and
any other intellectual and industrial property and proprietary rights
(excluding trademarks) including registrations, applications,
renewals and extensions of such rights anywhere in the world.
1.12. "Binary Code" means the software programs provided for distribution
at the Broadcom support web-pages, in binary form, any other machine
readable materials, including, but not limited to, libraries, source
files, header files, and data files, any Updates and New Versions
provided by Broadcom.
1.13. "Source Code" means the software programs provided for distribution
at the Broadcom support web-pages, in source form including, but not
limited to, libraries, source files, header files, and data files,
and Updates and New Versions provided by Broadcom.
1.14. "Internal Use Code" means the software programs provided for
distribution at the Broadcom support web-pages, in source code or
object code format including, but not limited to, libraries, source
files, header files, and data files, and Updates and New Versions
provided by Broadcom that are only for Licensee's internal use.
1.15. "JRE Code" mean Oracle Corporation's JAVA SE Runtime Environment
Code.
1.16. "Subsequent User" means any user subsequent to Licensee, including
but not limited to, all Licensee customers, resellers, end users, and
OEMs.
1.17 "Taxes" shall mean all taxes, levies, imposts, duties, fines or other
charges of whatsoever nature however imposed by any country or any
subdivision or authority thereof in any way connected with this
Agreement or any instrument or agreement required hereunder, and all
interest, penalties or similar liabilities with respect thereto,
except such taxes as are imposed on or measured by a party's net
income or property.
2. Grant of Rights
2.1 Binary Code. Subject to the terms of this Agreement, Broadcom grants to
Licensee a non-exclusive, world-wide, revocable (for breach in
accordance with Section 7), non-transferable limited license, without
the right to sublicense except as expressly provided herein, solely to:
(a) Use the Binary Code and related Documentation solely for the Authorized
Use for Binary Code and only with Broadcom Devices
(b) Make copies of the Binary Code and related Documentation to support the
Authorized Use for Binary Code and for archival and backup purposes in
support of the Authorized Use for Binary Code only with Broadcom
Devices;
(c) Distribute the Binary Code as incorporated in Licensee's Products or
for use with Broadcom Devices to its Subsequent Users;
(d) Distribute the Documentation related to Binary Code only for use with
Broadcom Devices;
(e) Sublicense the rights provided in paragraphs (a) and (b) above in
accordance with the terms provided in this Agreement to contract
manufacturers ("CMs") and/or original design manufacturers ("ODMs"),
in each case meeting the requirements of Section 3.1(d) below for the
purpose of manufacturing Licensee's Products; and (f) Sublicense the
rights provided in paragraphs (b) and (c) in accordance with the terms
provided in this Agreement to Subsequent Users who are not end users
for the purpose of distributing and supporting Licensee's Product.
2.2 Source Code. Subject to the terms of this Agreement, Broadcom grants to
Licensee a non-exclusive, worldwide, revocable (for breach in
accordance with Section 7), non-transferable limited license, without
the right to sublicense except as expressly provided herein, solely to:
(a) Use the Source Code and related Documentation solely for the Authorized
Use for Source Code and only with Broadcom Devices;
(b) Make copies of the Source Code and related Explanatory Material to
support the Authorized Use for Source Code only and for archival and
backup purposes in support of the Authorized use for Source Code only
with Broadcom Devices;
(c) Modify and prepare Derivative Works of the Source Code for the
Authorized Use for Source Code and only for use with Broadcom Devices;
(d) Distribute the binary form only of any authorized Derivative Work of
the Source Code ("Licensee Binary Derivative") and necessary portions
of the related Documentation only for use with Broadcom Devices; and
(e) Sublicense the rights granted in paragraph (d) above in accordance with
the terms provided in this Agreement to Subsequent Users who are not
end users for the purpose of distributing and supporting Licensee's
Product.
2.3 Internal Use Code. Subject to the terms of this Agreement, Broadcom
grants to Licensee a non-exclusive, worldwide, revocable (for breach in
accordance with Section 7), non-transferable limited license, without
the right to sublicense or distribute, solely to:
(a) Use the Internal Use Code and related Documentation solely for the
Authorized Use for Internal Code and only with Broadcom Devices; and
(b) Make copies of the Internal Use Code and related Documentation to
support the Authorized Use for Internal Code only and for archival and
backup purposes in support of the Authorized use for Internal Code only
with Broadcom Devices.
2.4 Without limiting Section 4, Licensee may exercise the foregoing rights
directly and/or indirectly through its employees and contractors, who
are bound by terms at least as restrictive as this Agreement.
3. License Restrictions
3.1. Binary Code. The Licenses granted in Section 2.1 for Binary Code and
related Documentation are subject to the following restrictions:
(a) Licensee shall not use the Binary Code and related Documentation for
any purpose other than as expressly provided in Article 2;
(b) Licensee shall reproduce all copyright notices and other proprietary
markings or legends contained within or on the Binary Code and related
Documentation on any copies it makes; and
(c) Licensee shall not distribute or disclose the Binary Code and related
Documentation except pursuant to an agreement with terms at least as
protective of the Binary Code as the terms of this Agreement. Licensee
shall not, and shall not allow its Subsequent Users to, disassemble,
de-compile, or reverse engineer the Binary Code.
(d) Licensee may grant the sublicense set forth in Section 2.1(e) to its
CMs and ODMs, provided that each such CM and ODM agrees to abide by the
terms and conditions of this Agreement and Licensee shall remain
responsible for any failure by its CMs and ODM to comply with the terms
and conditions of this Agreement.
3.2. Source Code. The Licenses granted in Section 2.2 for Source Code and
related Documentation are subject to the following restrictions:
(a) Licensee shall not use the Source Code and related Documentation for
any purpose other than as expressly provided in Article 2;
(b) Licensee shall reproduce all copyright notices and other proprietary
markings or legends contained within or on the Source Code and related
Documentation on any copies it makes;
(c) Licensee shall not distribute or disclose any Source Code and related
Documentation to any Subsequent Users or third parties, without the
express written consent of Broadcom;
(d) Licensee shall not knowingly infringe upon the intellectual property
rights of any third party when making Derivative Works to the Source
Code;
(e) Licensee shall not disassemble, reverse-engineer, or decompile the
Source Code, except for making authorized Derivative Works; and
(f) Licensee shall not distribute or disclose the Licensee Binary
Derivative except pursuant to an agreement with terms at least as
protective as those in this Agreement protecting Binary Code. Licensee
shall not, and shall not allow its Subsequent Users to, disassemble,
de-compile, or reverse engineer the Licensee Binary Derivative.
3.3. Internal Use Code. The Licenses granted in Section 2.3 for Internal
Use Code and related Documentation are subject to the following
restrictions:
(a) Licensee shall not use the Internal Use Code and related Documentation
for any purpose other than as expressly provided in Article 2;
(b) Licensee shall reproduce all copyright notices and other proprietary
markings or legends contained within or on the Internal Use Code and
related Documentation on any copies it makes;
(c) Licensee shall not distribute or disclose any Internal Use Code and
related Documentation to any Subsequent Users or third parties, without
the express written consent of Broadcom; and
(d) Licensee shall not disassemble, reverse-engineer, or decompile the
Internal Use Code.
3.4. Derivative Works of Source Code Made by Licensee. Subject to
Broadcom's rights in the underlying Source Code, Licensee shall own
all right, title and interest in and to the Derivative Works (both
binary and source format) it makes from Source Code, provided that
such Derivative Works are not made in breach of this Agreement.
Licensee shall not be required to disclose its Derivative Works of the
Source Code to Broadcom. Broadcom shall have no obligations whatsoever
to support, maintain, contribute to, or provide Updates, New Versions
or any modifications to Licensee Derivative Works of the Source Code
and shall have no liability whatsoever for such Derivative Works. In
the event Licensee requests Broadcom's input regarding Licensee
Derivative Works of Source Code and plans to disclose such Derivative
Works to Broadcom, a separate written agreement shall first be
executed by the parties.
3.5. Broadcom Derivative Works. Nothing contained herein shall prevent
Broadcom from creating any Derivative Works of its Source Code at any
time. Licensee further agrees that Broadcom may independently create a
Derivative Work similar to or in competition with the Licensee
Derivative Work of the Source Code and may use that Derivative Work
for any purpose. Licensee grants Broadcom a Covenant Not to Sue for
any independently developed Derivative Works created by Broadcom for
its own Source Code that Licensee may believe or claim infringes on
any of Licensee's Intellectual Property Rights relating to the
Licensee Derivative Works of the Source Code.
3.6. U.S. Government Subsequent Users. All Licensed Code and Documentation
qualify as "commercial items," as that term is defined at
48 C.F.R. 2.101, consisting of "commercial computer software" and
"commercial computer software documentation" as such terms are used in
48 C.F.R. 12.212. Consistent with 48 CFR 52.227-19, 48 C.F.R.12.212
and 48 C.F.R. 227.7202-1 through 227.7202-4, Licensee will provide to
U.S. Government end users such Binary Code with only those rights set
forth herein that apply to non-governmental end users. Use of such
Binary Code constitutes agreement by the government entity that the
computer software and computer software documentation is commercial
and constitutes acceptance of the rights and restrictions herein.
3.7. No Implied Licenses. Except for the express and limited licenses
granted herein for specific purposes, no rights or licenses are
granted by Broadcom under this Agreement, by implication, inducement,
estoppel or otherwise with respect to any proprietary information or
to any patents, copyrights, trade secrets, trademarks, maskworks or
other Intellectual Property Rights owned or controlled by Broadcom.
Any further licenses must be express, in writing and signed by an
authorized representative of Broadcom.
3.8. Injunctive Relief. In the event of a breach by Licensee of Section 2
or 3, Broadcom shall be entitled to applicable injunctive relief and
to all remedies available in equity and law to prevent Licensee from
disassembling, de-compiling, reverse engineering, disclosing or using
the Licensed Code in whole or in part.
3.9. Licensed Code Containing JRE. Certain Licensed Code may contain JRE.
Use of the JRE is restricted by JRE licensing terms to General Purpose
Desktop Computers and Servers, as defined below. Licensee may seek its
own license for the JRE directly with the owner, if it deems
necessary. "General Purposes Desktop Computers and Servers" under JRE
licensing terms is defined as "computers, including desktop, laptop
and tablet computers, or servers, used for general computing functions
under end user control (such as but not specifically limited to email,
general purpose Internet browsing and office suite productivity
tools)". The full terms and conditions for use of the JRE are
available at: http://www.oracle.com/technetwork/java/javase/terms/license/index.html.
3.10. Notwithstanding anything to the contrary in this Agreement, to the
extent there is a conflict between this Agreement provisions and any
applicable license to open source technology, the provisions of the
open source license shall take precedence and be followed, but only
to the minimum extent reasonably necessary to comply with the
applicable open source license.
4. Confidentiality
4.1 Licensee agrees to limit access to the Licensed Code and Documentation
to employees and contractors of Licensee (which may include, without
limitation, contractors retained by Licensee to maintain or modify the
Licensed Code and Documentation on behalf of Licensee) having a need to
access or know the Licensed Code and Documentation and who have
executed nondisclosure agreements with Licensee obligating them to
maintain the confidentiality of the Licensed Code and Documentation.
4.2 Licensee shall hold in confidence the Licensed Code and Documentation
as Broadcom's confidential information ("Confidential Information") and
shall use the Broadcom Code and Documentation only as expressly
provided in Section 2, and protect the confidentiality of such
Confidential Information with the same degree of care as Licensee uses
to protect its own confidential or proprietary information of great
commercial value, but in no event less than reasonable care and for no
less than three (3) years from the date of disclosure.
4.3 Licensee agrees to notify Broadcom immediately after Licensee becomes
aware of any suspected misuse or unauthorized disclosure of any
Confidential Information. The obligations of confidentiality imposed on
Licensee under this Section 4 shall not apply or shall cease to apply
to any of such Confidential Information that Licensee clearly
establishes: (i) was already rightfully in the possession of Licensee
at the time of disclosure as evidenced by records of Licensee; (ii) is
or becomes publicly available through no act or omission of Licensee;
(iii) is rightfully received by Licensee from a third party without an
obligation of confidentiality; (iv) is independently developed by
Licensee's employees or contractors without use of or access to the
information; or (v) is approved for unrestricted disclosure in writing
by an authorized representative of Broadcom. Broadcom makes no warranty
as to the accuracy of any Confidential Information, which is furnished
"AS IS" with all faults.
5. Ownership of Code by Broadcom, Fees, and Taxes
5.1 Broadcom (or its licensors) reserve all right, title, ownership and
interest in and to the Licensed Code and Documentation existing prior
to and after the Effective Date of this Agreement, or created or
generated by Broadcom (or its licensors) at any time, subject to any
licenses granted. Broadcom (or its licensors) reserves all right,
title, ownership and interest in and to any Derivative Works it creates
at any time to the Licensed Code and Documentation, subject to any
licenses granted.
5.2 Fees and Taxes. No fees are due in connection with this Agreement
unless separately specified by Broadcom. If any such fees are
separately specified in writing, the following applies:
5.2.1 Payment is due by Licensee upon download, at time of purchase, or no
later than within thirty (30) days of date of Broadcom invoice
therefore, as designated by Broadcom All payments shall be made in
U.S. currency unless otherwise agreed. If at any time, Licensee is
delinquent in the payment of any invoice, or is otherwise in breach
of this Agreement, Broadcom may, at its discretion, and without
prejudice to its other rights, withhold delivery (including partial
delivery) of any order or may, at its option, require Licensee to
prepay for further deliveries. Any sum not paid by Licensee, when
due, shall bear interest until paid at a rate of 1.5% per month
(18% per annum) or the maximum rate permitted by law, whichever is
less.
5.2.2 All payments or reimbursements due under this Agreement and any
instrument or agreement required hereunder shall be made free and
clear and without deduction for any and all present and future Taxes.
Payments due to Broadcom under this Agreement and any instrument or
agreement required hereunder shall be increased so that amounts
received by Broadcom, after provisions for Taxes and all Taxes on
such increase, will be equal to the amounts required under this
Agreement and any instrument or agreement required hereunder if no
Taxes were due on such payments.
5.2.3 The Licensee shall indemnify Broadcom for the full amount of Taxes
attributable to the provision of products or services under this
Agreement, and any liabilities (including penalties, interest and
expenses) arising from such Taxes, within thirty (30) days from any
written demand by Broadcom. The Licensee shall provide evidence that
all applicable Taxes have been paid to the appropriate taxing
authority by delivering to Broadcom receipts or notarized copies
thereof within thirty (30) days after the due date for such tax
payments.
5.2.4 Without prejudice to the survival of any other Agreement of Licensee
hereunder, the obligations of Licensee contained in this section
shall survive the payment in full of all payments hereunder.
6. Support
(a) Broadcom may provide the following support services for the Licensed
Code to the extent Broadcom deems reasonable: Updates if and when
released and errata in Broadcom's sole discretion. Broadcom shall not
be responsible for any other support or maintenance of Licensed Code to
Licensee or its Subsequent Users, unless otherwise agreed to in
writing. Broadcom is under no obligation to provide support services
and may discontinue support services at any time. Broadcom will not
provide support for modified Licensed Code or Licensee's Derivative
Works of the Source Code.
(b) Any Updates to the Licensed Code provided by Broadcom (which shall only
be provided by Broadcom in its sole discretion) shall be governed by
the terms of this Agreement.
(c) If Licensee finds what Licensee considers an error in the Licensed
Code, Licensee will notify Broadcom so that Broadcom can, in its sole
discretion, make corrections to the Licensed Code or to future
revisions of the Licensed Code.
7. Term and Termination
7.1 Term. The term of this Agreement is five (5) years from the Effective
Date, subject to renewal upon mutual agreement of the parties.
7.2 Termination for Breach. If Licensee breaches any material provision of
this Agreement, Broadcom shall have the right to terminate this
Agreement, including all licenses granted hereunder, in addition to any
and all other remedies available at law or equity, unless Licensee
cures such breach within sixty (60) days ("Cure Period") after
receiving written notice of the breach by Broadcom. Licensee shall make
best efforts to cure the material breach in the least amount of time
possible within the Cure Period.
7.3 Insolvency. If either party: (a) becomes substantially insolvent;
(b) makes an assignment for the benefit of creditors; (c) files or has
filed against it a petition in bankruptcy or seeking reorganization;
(d) has a receiver appointed; or (e) institutes any proceedings for
liquidation or winding up or have such proceedings instituted against
it; then the other party may, in addition to other rights and remedies
it may have, terminate this Agreement immediately by written notice.
7.4 Consequences. Upon termination or expiration of this Agreement for any
reason whatsoever, the licenses, rights, and covenants granted
hereunder and any obligations imposed hereunder shall cease except as
otherwise expressly set forth herein as surviving termination or
expiration.
7.5 Return of Confidential Information. Upon expiration or termination of
this Agreement for any reason or upon written request by Broadcom,
Licensee agrees to promptly return to Broadcom or, at Broadcom's
request, destroy and certify by an officer of Licensee in writing the
destruction of, all Broadcom Confidential Information furnished to
Licensee, including all Licensed Code and Documentation.
7.6 Survival of Licenses. Any Licensed Code and Documentation distributed
by Licensee prior to the effective date of any termination, expiration,
breach, or cancellation of this Agreement, shall remain licensed
(including any Licensed Code in inventory, manufactured in, or work in
progress with Licensee products) under the terms of this Agreement.
Licensee may retain an archival copy of portions of the Broadcom
Confidential Information, including Licensed Code and Documentation,
necessary for Licensee to provide ongoing technical support to
Subsequent Users using the Licensed Code ("Archival Materials") after
termination, expiration or cancellation of this Agreement. Such
Archival Materials may not be used for any other purpose without the
written consent from Broadcom. Licensee shall keep such Archival
Materials confidential for an additional five (5) years from the date
of termination, expiration, or cancellation of this Agreement,
regardless of when the Broadcom Confidential Information was disclosed.
7.7 Survival. In the event of expiration or termination of this Agreement
for any reason, the following sections of this Agreement shall survive:
1, 3, 4, 5, 7, 8, 9, and 10. Termination will not prejudice either
party to require performance of any obligation due at the time of
termination. All end user licenses in effect and in compliance with the
Agreement prior to effective termination or expiration shall survive
and continue in full force and effect in accordance with their terms
and Licensee may continue to perform its obligations thereunder,
including support obligations.
8. Disclaimer of All Warranties
8.1 THE PARTIES AGREE THAT BROADCOM FURNISHES THE LICENSED CODE AND
DOCUMENTATION TO LICENSEE "AS IS", UNSUPPORTED, WITHOUT WARRANTY OF ANY
KIND. BROADCOM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT, INCLUDING ANY THAT MAY ARISE FROM A
COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE. BROADCOM
SHALL NOT BE LIABLE FOR ANY ERROR, OMISSION, DEFECT, DEFICIENCY, OR
NONCONFORMITY IN THE LICENSED CODE OR DOCUMENTATION. BROADCOM MAKES NO
WARRANTY OR REPRESENTATION THAT THE LICENSED CODE OR DOCUMENTATION WILL
MEET LICENSEE'S REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY
HARDWARE OR SOFTWARE APPLICATION.
8.2 BROADCOM DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH LICENSEE'S
USE OF THE LICENSED CODE IN ANY MEDICAL, NUCLEAR, AVIATION, NAVIGATION,
MILITARY, OR OTHER HIGH RISK DEVICE OR APPLICATION. LICENSEE REPRESENTS
AND WARRANTS THAT IT WILL NOT USE THE LICENSED CODE IN ANY MEDICAL,
NUCLEAR, AVIATION, NAVIGATION, MILITARY, OR OTHER HIGH RISK DEVICE OR
APPLICATION. LICENSEE SHALL INDEMNIFY, DEFEND, AND HOLD BROADCOM
HARMLESS AGAINST ANY LOSS, LIABILITY, OR DAMAGE OF ANY KIND THAT
BROADCOM INCURS IN CONNECTION WITH BREACH OF THE WARRANTY IN THIS
SECTION 8.2.
8.3 BROADCOM DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH LICENSEE'S
CREATION AND USE OF DERIVATIVE WORKS OF THE SOURCE CODE. LICENSEE SHALL
INDEMNIFY, DEFEND, AND HOLD BROADCOM HARMLESS AGAINST ANY LOSS,
LIABILITY, OR DAMAGE OF ANY KIND THAT BROADCOM INCURS IN CONNECTION
WITH LICENSEE'S DERIVATIVE WORKS OF SOURCE CODE.
9. Limitation of Liability
IN NO EVENT SHALL BROADCOM, ITS EMPLOYEES, AFFILIATES OR SUPPLIERS BE
LIABLE FOR ANY LOST PROFITS, REVENUE, SALES OR DATA OR COSTS OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, INTERRUPTION, LOSS OF BUSINESS INFORMATION
OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, ECONOMIC OR
PUNITIVE DAMAGES, HOWEVER CAUSED, AND WHETHER ARISING UNDER CONTRACT, TORT,
STRICT LIABILITY, NEGLIGENCE OR OTHER THEORY OF LIABILITY, ARISING OUT OF
THE USE OR INABILITY TO USE THE LICENSED CODE OR DOCUMENTATION, EVEN IF
BROADCOM OR ITS EMPLOYEES, SUPPLIERS OR AFFILIATES ARE ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE APPLICABLE JURISDICTION
DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, BUT DOES ALLOW
LIABILITY TO BE LIMITED, THE LIABILITY OF BROADCOM, ITS EMPLOYEES,
AFFILIATES, OR SUPPLIERS IN SUCH CASES, SHALL BE LIMITED TO
$100 US DOLLARS.
10. General
10.1 Assignment. Licensee shall not assign this Agreement or any of its
rights or delegate any of its duties under this Agreement without the
prior written consent of Broadcom. Subject to the foregoing, this
Agreement will be binding upon, enforceable by, and inure to the
benefit of the parties and their respective successors and assigns.
Any attempted assignment in violation of this Section 10.1 shall be
null and void.
10.2 Governing Law. This Agreement shall be construed and interpreted in
accordance with the law of the State of California without reference
to its conflicts of law principles.
10.3 Exclusive Jurisdiction. All disputes arising out of or related to this
Agreement will be subject to the exclusive jurisdiction and venue of
the California state courts of Santa Clara County, California in
United States District Court for the Northern District of California,
and the parties consent to the personal and exclusive jurisdiction of
these courts.
10.4 Export Control. Licensee shall follow all export control laws and
regulations relating to the Licensed Code and Documentation. Licensee
hereby acknowledges responsibility for compliance with all applicable
US and local laws and regulations related to import and export and
acknowledges and agrees that the Licensed Code is subject to the U.S.
Export Administration Regulations. Diversion contrary to U.S. law is
prohibited. Licensee agrees that the Licensed Code is being or will be
acquired for, shipped, transferred, or re-exported, directly or
indirectly, to prohibited or embargoed countries, nor be used for any
prohibited end-use, such as nuclear activities, chemical/biological
weapons, or missile projects, unless expressly authorized by the U.S.
Government. Prohibited countries are set forth in the Supplement 1 to
Part 740 of the U.S. Export Administration Regulations. Countries
currently subject to U.S. embargo include: Cuba, Iran, N. Korea, Sudan
and Syria. This list is subject to change without further notice from
Broadcom and Licensee understands that compliance with the list as it
exists in fact, is required. Licensee assumes sole responsibility for
obtaining any/all licenses required for export or re-export. All ECCN
and CCATS numbers and License Exception information are subject to
change without notice. Modification in any way nullifies the
classification. It is therefore Licensee’s obligation as an exporter
to verify such information and comply with the then currently
applicable regulations. Any data provided by Broadcom is for
informational purposes only. Broadcom makes no representation or
warranty as to the accuracy or reliability of any classifications or
numbers. Any use of such classifications or numbers by Licensee is
without recourse to Broadcom and is at Licensee’s own risk. Broadcom
is in no way responsible for any damages, whether direct, indirect,
consequential, incidental or otherwise, suffered by Licensee as a
result of using or relying upon such classifications or numbers for
any purpose whatsoever. Licensee agrees to consult the EAR, the
Bureau of Industry and Security's Export Counseling Division, and
other appropriate sources before distributing, importing, or using
Broadcom products. Licensee may request software classification
information from Broadcom. If requested, Customer agrees to sign
written assurances and other export-related documents as may be
required by Broadcom.
10.5 Waiver. No failure or delay on the part of either party in the
exercise of any right or privilege hereunder shall operate as a waiver
thereof or of the exercise of any other right or privilege hereunder,
nor shall any single or partial exercise of any such right or
privilege preclude other or further exercise thereof or of any other
right or privilege.
10.6 Notice. Any notice or claim provided for herein to Broadcom shall be
in writing and addressed as set forth below, and shall be given (i) by
personal delivery, effective upon delivery, or (ii) by first class
mail, postage prepaid, addressed as set forth below, effective one (1)
business day after proper deposit in the mail to Broadcom, 1320 Ridder
Park Drive, San Jose, California 95131, USA; Attn. Legal Department -
Important Legal Notice.
10.7 Severability. If any term, condition, or provision of this Agreement,
or portion of this Agreement, is found to be invalid, unlawful or
unenforceable to any extent, the parties will endeavor in good faith
to agree to such amendments that will preserve, as far as possible,
the intentions expressed in this Agreement. Such invalid term,
condition or provision will be severed from the remaining terms,
conditions and provisions, which will continue to be valid and
enforceable to the fullest extent permitted by law.
10.8 Other Rights. Nothing contained in this Agreement shall be construed
as conferring by implication, estoppel, or otherwise upon either party
or any third party any license or other right except, solely as to the
parties hereto, the rights expressly granted hereunder.
10.9 Integration; Modification. This Agreement embodies the final, complete
and exclusive statement of the terms agreed upon by the parties with
respect to the subject matter hereof and supersedes any prior or
contemporaneous representations, descriptions, courses of dealing, or
agreements in regard to such subject matter. No amendment or
modification of this Agreement shall be valid or binding upon the
parties unless stated in writing and signed by an authorized
representative of each party.
10.10 Publicity. All publicity concerning this transaction referring to the
other party shall require the other party's prior written approval
which shall not be unreasonably withheld.
10.11 Relationship of the Parties. The relationship of the parties hereto
is that of independent contractors. Neither party, nor its agents or
employees, shall be deemed to be the agent, employee, joint venture
partner, partner or fiduciary of the other party. Neither party shall
have the right to bind the other party, transact any business on
behalf of or in the name of the other party, or incur any liability
for or on behalf of the other party.

13
sdk_container/src/third_party/portage-stable/licenses/BAEKMUK vendored
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@ -1,13 +0,0 @@
(c) Copyright 1986-2000, Hwan Design Inc.
You are hereby granted permission under all Hwan Design propriety rights
to use, copy, modify, sublicense, sell, and redistribute the 4 Baekmuk
truetype outline fonts for any purpose and without restriction;
provided, that this notice is left intact on all copies of such fonts
and that Hwan Design Int.'s trademark is acknowledged as shown below
on all copies of the 4 Baekmuk truetype fonts.
BAEKMUK BATANG is a registered trademark of Hwan Design Inc.
BAEKMUK GULIM is a registered trademark of Hwan Design Inc.
BAEKMUK DOTUM is a registered trademark of Hwan Design Inc.
BAEKMUK HEADLINE is a registered trademark of Hwan Design Inc.

27
sdk_container/src/third_party/portage-stable/licenses/BSD-with-disclosure vendored
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Copyright (c) <year>, <copyright holder>
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. The name of the author may not be used to endorse or promote products
derived from this software without specific prior written permission.
4. Full disclosure of the entire project's source code, except for third
party libraries is mandatory. (NOTE: This clause is non-negotiable!)
THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF
THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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sdk_container/src/third_party/portage-stable/licenses/BUILDLIC vendored
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BUILD SOURCE CODE LICENSE TERMS: 06/20/2000
[1] I give you permission to make modifications to my Build source and
distribute it, BUT:
[2] Any derivative works based on my Build source may be distributed ONLY
through the INTERNET.
[3] Distribution of any derivative works MUST be done completely FREE of
charge - no commercial exploitation whatsoever.
[4] Anything you distribute which uses a part of my Build Engine source
code MUST include:
[A] The following message somewhere in the archive:
// "Build Engine & Tools" Copyright (c) 1993-1997 Ken Silverman
// Ken Silverman's official web site: "http://www.advsys.net/ken"
// See the included license file "BUILDLIC.TXT" for license info.
[B] This text file "BUILDLIC.TXT" along with it.
[C] Any source files that you modify must include this message as well:
// This file has been modified from Ken Silverman's original release
[5] The use of the Build Engine for commercial purposes will require an
appropriate license arrangement with me. Contact information is
on my web site.
[6] I take no responsibility for damage to your system.
[7] Technical support: Before contacting me with questions, please read
and do ALL of the following!
[A] Look through ALL of my text files. There are 7 of them (including this
one). I like to think that I wrote them for a reason. You will find
many of your answers in the history section of BUILD.TXT and
BUILD2.TXT (they're located inside SRC.ZIP).
[B] If that doesn't satisfy you, then try going to:
"http://www.advsys.net/ken/buildsrc"
where I will maintain a Build Source Code FAQ (or perhaps I might
just provide a link to a good FAQ).
[C] I am willing to respond to questions, but ONLY if they come at a rate
that I can handle.
PLEASE TRY TO AVOID ASKING DUPLICATE QUESTIONS!
As my line of defense, I will post my current policy about
answering Build source questions (right below the E-mail address
on my web site.) You can check there to see if I'm getting
overloaded with questions or not.
If I'm too busy, it might say something like this:
I'm too busy to answer Build source questions right now.
Sorry, but don't expect a reply from me any time soon.
If I'm open for Build source questions, please state your question
clearly and don't include any unsolicited attachments unless
they're really small (like less than 50k). Assume that I have
a 28.8k modem. Also, don't leave out important details just
to make your question appear shorter - making me guess what
you're asking doesn't save me time!
----------------------------------------------------------------------------
-Ken S. (official web site: http://www.advsys.net/ken)

76
sdk_container/src/third_party/portage-stable/licenses/BUSL-1.1 vendored
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Business Source License 1.1
License text copyright © 2017 MariaDB Corporation Ab, All Rights
Reserved. "Business Source License" is a trademark of MariaDB
Corporation Ab.
Terms
The Licensor hereby grants you the right to copy, modify, create
derivative works, redistribute, and make non-production use of the
Licensed Work. The Licensor may make an Additional Use Grant, above,
permitting limited production use.
Effective on the Change Date, or the fourth anniversary of the first
publicly available distribution of a specific version of the Licensed
Work under this License, whichever comes first, the Licensor hereby
grants you rights under the terms of the Change License, and the rights
granted in the paragraph above terminate.
If your use of the Licensed Work does not comply with the requirements
currently in effect as described in this License, you must purchase a
commercial license from the Licensor, its affiliated entities, or
authorized resellers, or you must refrain from using the Licensed Work.
All copies of the original and modified Licensed Work, and derivative
works of the Licensed Work, are subject to this License. This License
applies separately for each version of the Licensed Work and the Change
Date may vary for each version of the Licensed Work released by Licensor.
You must conspicuously display this License on each original or modified
copy of the Licensed Work. If you receive the Licensed Work in original
or modified form from a third party, the terms and conditions set forth
in this License apply to your use of that work.
Any use of the Licensed Work in violation of this License will
automatically terminate your rights under this License for the current
and all other versions of the Licensed Work.
This License does not grant you any right in any trademark or logo of
Licensor or its affiliates (provided that you may use a trademark or
logo of Licensor as expressly required by this License).
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED WORK IS PROVIDED
ON AN "AS IS" BASIS. LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION)
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, AND TITLE.
MariaDB hereby grants you permission to use this License's text to
license your works, and to refer to it using the trademark "Business
Source License", as long as you comply with the Covenants of Licensor
below.
Covenants of Licensor
In consideration of the right to use this License's text and the
"Business Source License" name and trademark, Licensor covenants to
MariaDB, and to all other recipients of the licensed work to be provided
by Licensor:
1. To specify as the Change License the GPL Version 2.0 or any later
version, or a license that is compatible with GPL Version 2.0 or a
later version, where "compatible" means that software provided under
the Change License can be included in a program with software
provided under GPL Version 2.0 or a later version. Licensor may
specify additional Change Licenses without limitation.
2. To either: (a) specify an additional grant of rights to use that
does not impose any additional restriction on the right granted in
this License, as the Additional Use Grant; or (b) insert the text
"None".
3. To specify a Change Date.
4. Not to modify this License in any other way.

5
sdk_container/src/third_party/portage-stable/licenses/Base64 vendored
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Copyright (c) 1999, Bob Withers - bwit@pobox.com
This code may be freely used for any purpose, either personal
or commercial, provided the authors copyright notice remains
intact.

6
sdk_container/src/third_party/portage-stable/licenses/BigelowHolmes vendored
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This directory contains fonts licensed from Bigelow & Holmes.
Copyright © 1985 Bigelow & Holmes Inc. All rights reserved.
These fonts may be redistributed with the Plan 9 from User Space
software. No right is granted to create derivative works of these
fonts or to redistribute them separately from Plan 9 from User Space.

49
sdk_container/src/third_party/portage-stable/licenses/BitstreamCyberbit vendored
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License Agreement
The Bitstream Product provided to you herewith is a free product release of Bitstream's Cyberbit font for one user only.
By installing the Bitstream Product on your system, you (or you on behalf of your employer) are agreeing to be bound by the terms of this Agreement.
This Agreement constitutes the complete agreement between you and Bitstream. If you do not agree to its terms, do not install the License Product on your system or, if you have already installed it, delete it from your system, and return the uninstalled disk package that comprises this Bitstream Product together immediately.
1. License Grant
One User Only. In consideration for your agreeing to accept a free release of the Bitstream Product, BITSTREAM grants to you only, the Licensee, the non-exclusive, nontransferable right to use and display the Bitstream Product provided herewith on a single system only. If you are using this product for your work, this agreement applies to your employer. Please express all comments regarding the Bitstream Product to Bitstream's Technical Support Department (e-mail: support@bitstream.com).
Other Uses. To purchase a license to use this Bitstream Product on more than one system, or a right to distribute the Bitstream Product to other users, please contact Bitstream's Sales Department (e-mail: info@bitstream.com).
Third Parties. You may send a copy of the Bitstream Product along with your documents to a commercial printer or other service bureau to enable the editing or printing of your document, provided that such party has informed you that it owns a valid license to use that particular font software.
You may also embed PC TrueType format fonts within your documents for the viewing, editing, and printing of those documents.
Portable Documents. You may send along with your documents a Portable Font Resource (“PFR”) created by Bitstream’s TrueDoc® (patented), for the purpose of allowing any third party to view, edit or print the document remotely but with the express understanding that such party may not use such PFR to edit or print any other document unless independently licensed to do so.
No Modifications. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Bitstream Product without BITSTREAM’s prior written consent.
Rights Reservation. BITSTREAM reserves all rights not specifically granted to Licensee.
2. Copyright
The Bitstream Product and the accompanying materials are copyrighted and contain proprietary information and trade secrets of BITSTREAM. Unauthorized copying of the Bitstream product even if modified, merged, or included with other software, or of the written materials, is expressly forbidden. You may be held legally responsible for any infringement of BITSTREAM’s intellectual property rights that is caused or encouraged by your failure to abide by the terms of this Agreement. You may make one (1) copy of the Bitstream Product solely for backup purposes provided the copyright and trademark notices are reproduced in their entirety on the backup copy.
3. Termination
This Agreement is effective until terminated. This Agreement will terminate automatically without notice from BITSTREAM if you fail to comply with any provision contained herein. Upon termination, you must destroy the written materials, the Bitstream Product, and all copies of them, in part and in whole, including modified copies, if any.
4. Disclaimer and Limited Warranty
No Warranty. As a free release of the Bitstream Product is provided herewith only, BITSTREAM provides no warranty that the Bitstream Product will operate effectively, will not damage your system, or otherwise be free from any defects whatsoever.
THE BITSTREAM PRODUCT is PROVIDED “AS IS”. BITSTREAM DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The entire risk as to the quality and performance of the Bitstream Product, rests upon you. BITSTREAM does not warrant that the functions contained in the Bitstream Product will meet your requirements or that the operation of the software will be uninterrupted or error free.
BITSTREAM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE BITSTREAM PRODUCT EVEN IF BITSTREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
5. U.S. Government Restricted Rights
The software product referred to as the Bitstream Product and its related documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-19(c)(2) (May, 1987) when applicable or the applicable provisions of the DOD FAR supplement 252.227-7013 subdivision (a)(15)(April, 1988) or subdivision (a)(17)(April, 1988). Contractor/manufacturer is Bitstream Inc./215 First Street/Cambridge, MA 02142.
Export (Domestic Versions): Regardless of any disclosure made by LICENSEE to BITSTREAM of an ultimate destination of the Bitstream Product, LICENSEE shall not reexport or transfer, whether directly or indirectly, the Bitstream Product to anyone outside the United States of America without first obtaining a license from the United States Department of Commerce or any other agency or department of the United States Government, as required.
Should you have any questions concerning this Agreement, or if you desire to contact BITSTREAM for any reason, please make contact in writing.
6. GOVERNING Law
This agreement is governed by the laws of the United States of America and the Commonwealth of Massachusetts.

124
sdk_container/src/third_party/portage-stable/licenses/BitstreamVera vendored
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Bitstream Vera Fonts Copyright
The fonts have a generous copyright, allowing derivative works (as
long as "Bitstream" or "Vera" are not in the names), and full
redistribution (so long as they are not *sold* by themselves). They
can be be bundled, redistributed and sold with any software.
The fonts are distributed under the following copyright:
Copyright
=========
Copyright (c) 2003 by Bitstream, Inc. All Rights Reserved. Bitstream
Vera is a trademark of Bitstream, Inc.
Permission is hereby granted, free of charge, to any person obtaining
a copy of the fonts accompanying this license ("Fonts") and associated
documentation files (the "Font Software"), to reproduce and distribute
the Font Software, including without limitation the rights to use,
copy, merge, publish, distribute, and/or sell copies of the Font
Software, and to permit persons to whom the Font Software is furnished
to do so, subject to the following conditions:
The above copyright and trademark notices and this permission notice
shall be included in all copies of one or more of the Font Software
typefaces.
The Font Software may be modified, altered, or added to, and in
particular the designs of glyphs or characters in the Fonts may be
modified and additional glyphs or characters may be added to the
Fonts, only if the fonts are renamed to names not containing either
the words "Bitstream" or the word "Vera".
This License becomes null and void to the extent applicable to Fonts
or Font Software that has been modified and is distributed under the
"Bitstream Vera" names.
The Font Software may be sold as part of a larger software package but
no copy of one or more of the Font Software typefaces may be sold by
itself.
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL
BITSTREAM OR THE GNOME FOUNDATION BE LIABLE FOR ANY CLAIM, DAMAGES OR
OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR
OTHERWISE, ARISING FROM, OUT OF THE USE OR INABILITY TO USE THE FONT
SOFTWARE OR FROM OTHER DEALINGS IN THE FONT SOFTWARE.
Except as contained in this notice, the names of Gnome, the Gnome
Foundation, and Bitstream Inc., shall not be used in advertising or
otherwise to promote the sale, use or other dealings in this Font
Software without prior written authorization from the Gnome Foundation
or Bitstream Inc., respectively. For further information, contact:
fonts at gnome dot org.
Copyright FAQ
=============
1. I don't understand the resale restriction... What gives?
Bitstream is giving away these fonts, but wishes to ensure its
competitors can't just drop the fonts as is into a font sale system
and sell them as is. It seems fair that if Bitstream can't make money
from the Bitstream Vera fonts, their competitors should not be able to
do so either. You can sell the fonts as part of any software package,
however.
2. I want to package these fonts separately for distribution and
sale as part of a larger software package or system. Can I do so?
Yes. A RPM or Debian package is a "larger software package" to begin
with, and you aren't selling them independently by themselves.
See 1. above.
3. Are derivative works allowed?
Yes!
4. Can I change or add to the font(s)?
Yes, but you must change the name(s) of the font(s).
5. Under what terms are derivative works allowed?
You must change the name(s) of the fonts. This is to ensure the
quality of the fonts, both to protect Bitstream and Gnome. We want to
ensure that if an application has opened a font specifically of these
names, it gets what it expects (though of course, using fontconfig,
substitutions could still could have occurred during font
opening). You must include the Bitstream copyright. Additional
copyrights can be added, as per copyright law. Happy Font Hacking!
6. If I have improvements for Bitstream Vera, is it possible they might get
adopted in future versions?
Yes. The contract between the Gnome Foundation and Bitstream has
provisions for working with Bitstream to ensure quality additions to
the Bitstream Vera font family. Please contact us if you have such
additions. Note, that in general, we will want such additions for the
entire family, not just a single font, and that you'll have to keep
both Gnome and Jim Lyles, Vera's designer, happy! To make sense to add
glyphs to the font, they must be stylistically in keeping with Vera's
design. Vera cannot become a "ransom note" font. Jim Lyles will be
providing a document describing the design elements used in Vera, as a
guide and aid for people interested in contributing to Vera.
7. I want to sell a software package that uses these fonts: Can I do so?
Sure. Bundle the fonts with your software and sell your software
with the fonts. That is the intent of the copyright.
8. If applications have built the names "Bitstream Vera" into them,
can I override this somehow to use fonts of my choosing?
This depends on exact details of the software. Most open source
systems and software (e.g., Gnome, KDE, etc.) are now converting to
use fontconfig (see www.fontconfig.org) to handle font configuration,
selection and substitution; it has provisions for overriding font
names and subsituting alternatives. An example is provided by the
supplied local.conf file, which chooses the family Bitstream Vera for
"sans", "serif" and "monospace". Other software (e.g., the XFree86
core server) has other mechanisms for font substitution.

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sdk_container/src/third_party/portage-stable/licenses/BlueOak-1.0.0 vendored
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# Blue Oak Model License
Version 1.0.0
## Purpose
This license gives everyone as much permission to work with
this software as possible, while protecting contributors
from liability.
## Acceptance
In order to receive this license, you must agree to its
rules. The rules of this license are both obligations
under that agreement and conditions to your license.
You must not do anything with this software that triggers
a rule that you cannot or will not follow.
## Copyright
Each contributor licenses you to do everything with this
software that would otherwise infringe that contributor's
copyright in it.
## Notices
You must ensure that everyone who gets a copy of
any part of this software from you, with or without
changes, also gets the text of this license or a link to
<https://blueoakcouncil.org/license/1.0.0>.
## Excuse
If anyone notifies you in writing that you have not
complied with [Notices](#notices), you can keep your
license by taking all practical steps to comply within 30
days after the notice. If you do not do so, your license
ends immediately.
## Patent
Each contributor licenses you to do everything with this
software that would otherwise infringe any patent claims
they can license or become able to license.
## Reliability
No contributor can revoke this license.
## No Liability
***As far as the law allows, this software comes as is,
without any warranty or condition, and no contributor
will be liable to anyone for any damages related to this
software or this license, under any kind of legal claim.***

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SOFTWARE LICENSE AGREEMENT
Unless you and Broadcom Corporation (“Broadcom”) execute a separate written software license agreement governing use of the accompanying software, this software is licensed to you under the terms of this Software License Agreement (“Agreement”).
ANY USE, REPRODUCTION OR DISTRIBUTION OF THE SOFTWARE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS.
1.1. “Broadcom Product” means any of the proprietary integrated circuit product(s) sold by Broadcom with which the Software was designed to be used, or their successors.
1.2. “Licensee” means you or if you are accepting on behalf of an entity then the entity and its affiliates exercising rights under, and complying with all of the terms of this Agreement.
1.3. “Software” shall mean that software made available by Broadcom to Licensee in binary code form with this Agreement.
2. LICENSE GRANT; OWNERSHIP
2.1. License Grants. Subject to the terms and conditions of this Agreement, Broadcom hereby grants to Licensee a non-exclusive, non-transferable, royalty-free license (i) to use and integrate the Software in conjunction with any other software; and (ii) to reproduce and distribute the Software complete, unmodified and only for use with a Broadcom Product.
2.2. Restriction on Modification. If and to the extent that the Software is designed to be compliant with any published communications standard (including, without limitation, DOCSIS, HomePNA, IEEE, and ITU standards), Licensee may not make any modifications to the Software that would cause the Software or the accompanying Broadcom Products to be incompatible with such standard.
2.3. Restriction on Distribution. Licensee shall only distribute the Software (a) under the terms of this Agreement and a copy of this Agreement accompanies such distribution, and (b) agrees to defend and indemnify Broadcom and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Software by the Licensee except as contemplated herein.
2.4. Proprietary Notices. Licensee shall not remove, efface or obscure any copyright or trademark notices from the Software. Licensee shall include reproductions of the Broadcom copyright notice with each copy of the Software, except where such Software is embedded in a manner not readily accessible to the end user. Licensee acknowledges that any symbols, trademarks, tradenames, and service marks adopted by Broadcom to identify the Software belong to Broadcom and that Licensee shall have no rights therein.
2.5. Ownership. Broadcom shall retain all right, title and interest, including all intellectual property rights, in and to the Software. Licensee hereby covenants that it will not assert any claim that the Software created by or for Broadcom infringe any intellectual property right owned or controlled by Licensee.
2.6. No Other Rights Granted; Restrictions. Apart from the license rights expressly set forth in this Agreement, Broadcom does not grant and Licensee does not receive any ownership right, title or interest nor any security interest or other interest in any intellectual property rights relating to the Software, nor in any copy of any part of the foregoing. Licensee shall not (i) use, license, sell or otherwise distribute the Software except as provided in this Agreement, (ii) attempt to reverse engineer, decompile or disassemble any portion of the Software; or (iii) use the Software or other material in violation of any applicable law or regulation, including but not limited to any regulatory agency, such as FCC, rules.
3. NO WARRANTY OR SUPPORT
3.1. No Warranty. THE SOFTWARE IS OFFERED “AS IS,” AND BROADCOM GRANTS AND LICENSEE RECEIVES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, BY STATUTE, COMMUNICATION OR CONDUCT WITH LICENSEE, OR OTHERWISE. BROADCOM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE OR NONINFRINGEMENT CONCERNING THE SOFTWARE OR ANY UPGRADES TO OR DOCUMENTATION FOR THE SOFTWARE. WITHOUT LIMITATION OF THE ABOVE, BROADCOM GRANTS NO WARRANTY THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION, AND GRANTS NO WARRANTY REGARDING ITS USE OR THE RESULTS THEREFROM INCLUDING, WITHOUT LIMITATION, ITS CORRECTNESS, ACCURACY OR RELIABILITY.
3.2. No Support. Nothing in this agreement shall obligate Broadcom to provide any support for the Software. Broadcom may, but shall be under no obligation to, correct any defects in the Software and/or provide updates to licensees of the Software. Licensee shall make reasonable efforts to promptly report to Broadcom any defects it finds in the Software, as an aid to creating improved revisions of the Software.
3.3. Dangerous Applications. The Software is not designed, intended, or certified for use in components of systems intended for the operation of weapons, weapons systems, nuclear installations, means of mass transportation, aviation, life-support computers or equipment (including resuscitation equipment and surgical implants), pollution control, hazardous substances management, or for any other dangerous application in which the failure of the Software could create a situation where personal injury or death may occur. Licensee understands that use of the Software in such applications is fully at the risk of Licensee.
4. TERM AND TERMINATION
4.1. Termination. This Agreement will automatically terminate if Licensee fails to comply with any of the terms and conditions hereof. In such event, Licensee must destroy all copies of the Software and all of its component parts.
4.2. Effect Of Termination. Upon any termination of this Agreement, the rights and licenses granted to Licensee under this Agreement shall immediately terminate.
4.3. Survival. The rights and obligations under this Agreement which by their nature should survive termination will remain in effect after expiration or termination of this Agreement.
5. CONFIDENTIALITY
5.1. Obligations. Licensee acknowledges and agrees that any documentation relating to the Software, and any other information (if such other information is identified as confidential or should be recognized as confidential under the circumstances) provided to Licensee by Broadcom hereunder (collectively, “Confidential Information”) constitute the confidential and proprietary information of Broadcom, and that Licensee’s protection thereof is an essential condition to Licensee’s use and possession of the Software. Licensee shall retain all Confidential Information in strict confidence and not disclose it to any third party or use it in any way except under a written agreement with terms and conditions at least as protective as the terms of this Section. Licensee will exercise at least the same amount of diligence in preserving the secrecy of the Confidential Information as it uses in preserving the secrecy of its own most valuable confidential information, but in no event less than reasonable diligence. Information shall not be considered Confidential Information if and to the extent that it: (i) was in the public domain at the time it was disclosed or has entered the public domain through no fault of Licensee; (ii) was known to Licensee, without restriction, at the time of disclosure as proven by the files of Licensee in existence at the time of disclosure; or (iii) becomes known to Licensee, without restriction, from a source other than Broadcom without breach of this Agreement by Licensee and otherwise not in violation of Broadcom’s rights.
5.2. Return of Confidential Information. Notwithstanding the foregoing, all documents and other tangible objects containing or representing Broadcom Confidential Information and all copies thereof which are in the possession of Licensee shall be and remain the property of Broadcom, and shall be promptly returned to Broadcom upon written request by Broadcom or upon termination of this Agreement.
6. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BROADCOM OR ANY OF BROADCOM’S LICENSORS HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Broadcom’s liability whether in contract, tort (including negligence), or otherwise, exceed the amount paid by Licensee for Software under this Agreement. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
7. MISCELLANEOUS
7.1. Assignment. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns, provided, however that Licensee may not assign this Agreement or any rights or obligation hereunder, directly or indirectly, by operation of law or otherwise, without the prior written consent of Broadcom, and any such attempted assignment shall be void. Notwithstanding the foregoing, Licensee may assign this Agreement to a successor to all or substantially all of its business or assets to which this Agreement relates that is not a competitor of Broadcom.
7.2. Governing Law; Venue. This Agreement shall be governed by the laws of California without regard to any conflict-of-laws rules, and the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in the County of Orange, California, and both parties hereby consent to such jurisdiction and venue.
7.3. Severability. All terms and provisions of this Agreement shall, if possible, be construed in a manner which makes them valid, but in the event any term or provision of this Agreement is found by a court of competent jurisdiction to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement shall not be affected if the illegal or unenforceable provision does not materially affect the intent of this Agreement. If the illegal or unenforceable provision materially affects the intent of the parties to this Agreement, this Agreement shall become terminated.
7.4. Equitable Relief. Licensee hereby acknowledges that its breach of this Agreement would cause irreparable harm and significant injury to Broadcom that may be difficult to ascertain and that a remedy at law would be inadequate. Accordingly, Licensee agrees that Broadcom shall have the right to seek and obtain immediate injunctive relief to enforce obligations under the Agreement in addition to any other rights and remedies it may have.
7.5. Export Regulations. The parties agree that they shall each comply, at their own expense, with the U.S. Foreign Corrupt Practices Act and all import and export laws, restrictions, national security controls and regulations of the United States and any applicable foreign agency or authority. The parties shall not import, export or re-export, or authorize the export or re-export of the Software or any other product, technology, or information that it obtains or learns hereunder, or any copy or direct product thereof, in violation of any of such laws, restrictions, or regulations or without any license or approval required thereunder. Any and all obligations of the parties to provide the Software or any other product, technology, or information hereunder shall be subject in all respects to such laws, restrictions, and regulations.
7.6. Waiver. The waiver of, or failure to enforce, any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default.
7.7. Entire Agreement. This Agreement sets forth the entire Agreement between the parties and supersedes any and all prior proposals, agreements and representations between them, whether written or oral concerning the Software. This Agreement may be changed only by mutual agreement of the parties in writing.

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Files: usr/* lib/*
Copyright: Copyright © 2005-2021 Broadcom. All Rights Reserved.
The term “Broadcom” refers to Broadcom Inc. and/or its subsidiaries.
License: Proprietary
SOFTWARE LICENSE AGREEMENT
The accompanying software in binary code form (“Software”), is licensed to you,
or, if you are accepting on behalf of an entity, the entity and its affiliates
exercising rights hereunder (“Licensee”) subject to the terms of this software
license agreement (“Agreement”), unless Licensee and Broadcom Corporation
(“Broadcom”) execute a separate written software license agreement governing
use of the Software. ANY USE, REPRODUCTION, OR DISTRIBUTION OF THE SOFTWARE
CONSTITUTES LICENSEE’S ACCEPTANCE OF THIS AGREEMENT.
1.License. Subject to the terms and conditions of this Agreement,
Broadcom hereby grants to Licensee a limited, non-exclusive, non-transferable,
royalty-free license: (i) to use and integrate the Software with any other
software; and (ii) to reproduce and distribute the Software complete,
unmodified, and as provided by Broadcom, solely for use with Broadcom
proprietary integrated circuit product(s) sold by Broadcom with which the
Software was designed to be used, or their successors.
2.Restrictions. Licensee shall distribute Software with a copy of this
Agreement. Licensee shall not remove, efface or obscure any copyright or
trademark notices from the Software. Reproductions of the Broadcom copyright
notice shall be included with each copy of the Software, except where such
Software is embedded in a manner not readily accessible to the end user.
Licensee shall not: (i) use, license, sell or otherwise distribute the Software
except as provided in this Agreement; (ii) attempt to modify in any way,
reverse engineer, decompile or disassemble any portion of the Software; or
(iii) use the Software or other material in violation of any applicable law or
regulation, including but not limited to any regulatory agency. This Agreement
shall automatically terminate upon Licensee’s failure to comply with any of the
terms of this Agreement. In such event, Licensee will destroy all copies of the
Software and its component parts.
3.Ownership. The Software is licensed and not sold. Title to and
ownership of the Software, including all intellectual property rights thereto,
and any portion thereof remain with Broadcom or its licensors. Licensee hereby
covenants that it will not assert any claim that the Software created by or for
Broadcom infringe any intellectual property right owned or controlled by
Licensee.
4.Disclaimer. THE SOFTWARE IS OFFERED “AS IS,” AND BROADCOM PROVIDES AND
GRANTS AND LICENSEE RECEIVES NO SUPPORT AND NO WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, BY STATUTE, COMMUNICATION OR CONDUCT WITH LICENSEE, OR OTHERWISE.
BROADCOM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A SPECIFIC PURPOSE, OR NONINFRINGEMENT CONCERNING THE SOFTWARE OR
ANY UPGRADES TO OR DOCUMENTATION FOR THE SOFTWARE. WITHOUT LIMITATION OF THE
ABOVE, BROADCOM GRANTS NO WARRANTY THAT THE SOFTWARE IS ERROR-FREE OR WILL
OPERATE WITHOUT INTERRUPTION, AND GRANTS NO WARRANTY REGARDING ITS USE OR THE
RESULTS THEREFROM INCLUDING, WITHOUT LIMITATION, ITS CORRECTNESS, ACCURACY, OR
RELIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BROADCOM
OR ANY OF ITS LICENSORS HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY
OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, ARISING OUT OF THIS AGREEMENT OR USE, REPRODUCTION, OR DISTRIBUTION
OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA AND LOSS OF PROFITS,
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY.
5.Export Laws. LICENSEE UNDERSTANDS AND AGREES THAT THE SOFTWARE IS
SUBJECT TO UNITED STATES AND OTHER APPLICABLE EXPORT-RELATED LAWS AND
REGULATIONS AND THAT LICENSEE MAY NOT EXPORT, RE-EXPORT OR TRANSFER THE
SOFTWARE OR ANY DIRECT PRODUCT OF THE SOFTWARE EXCEPT AS PERMITTED UNDER THOSE
LAWS. WITHOUT LIMITING THE FOREGOING, EXPORT, RE-EXPORT, OR TRANSFER OF THE
SOFTWARE TO CUBA, IRAN, NORTH KOREA, SUDAN, AND SYRIA IS PROHIBITED.

45
sdk_container/src/third_party/portage-stable/licenses/Brother vendored
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License Agreement
This Agreement provides terms and conditions for license grant from
Brother Industries, Ltd ("Brother"). Brother, who owns all copyrights
to the software that is distributed with this Agreement ("Software")
to recipients thereof ("User"), for use of the Software. User shall
have the right to use the Software only in accordance with the terms
and conditions of this Agreement. Any use by User of the Software
shall be deemed as its agreement hereto.
Note:
Please click on "I Accept" while holding down "Shift" or right click
on "I Accept" and select "Save Target As,,," from the menu.
Brother retains any and all copyrights to the Software. In no case
this Agreement shall be construed to assign or otherwise transfer from
Brother to User any copyrights or other intellectual property rights
to whole or any part of the Software.
Brother grants User a non-exclusive license: to reproduce and/or
distribute (via Internet or in any other manner) the Software.
Further, Brother grants User a non-exclusive license to modify, alter,
translate or otherwise prepare derivative works of the Software and to
reproduce and distribute (via Internet or in any other manner) such
modification, alteration, translation or other derivative works for
any purpose.
The license of the Software from Brother hereunder is granted "AS IS."
BROTHER HEREBY DISCLAIMS ANY WARRANTIES WITH RESPECT TO THE SOFTWARE,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY FOR THE
QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR
NON-INFRINGEMENT. Brother shall have no liability in contract, tort
(including negligence or breach of statutory duty) or otherwise for
any interruption of use, loss of data, or for any indirect,
incidental, punitive or consequential loss or damage, or for any loss
of profit, revenue, data, goodwill or anticipated savings that arises
under, out of, or in contemplation of this Agreement or otherwise
arises due to any error, inaccuracy or defect in the Software even if
Brother has been advised of the possibility of such loss or damage.
Further, Brother shall have no liability to disclose and/or distribute
the source code of the Software to User under any circumstances. In no
case shall the above license by Brother to modify, alter, translate or
otherwise prepare derivative works of the Software be construed as
Brother's implied agreement or undertakings to disclose and/or
distribute the source code of the Software.

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sdk_container/src/third_party/portage-stable/licenses/C3 vendored
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# C3 version 3.1.2: Cluster Command & Control Suite
# Oak Ridge National Laboratory, Oak Ridge, TN,
# Authors: M.Brim, R.Flanery, G.A.Geist, B.Luethke, S.L.Scott
# (C) 2001 All Rights Reserved
#
# NOTICE
#
# Permission to use, copy, modify, and distribute this software and
# its documentation for any purpose and without fee is hereby granted
# provided that the above copyright notice appear in all copies and
# that both the copyright notice and this permission notice appear in
# supporting documentation.
#
# Neither the Oak Ridge National Laboratory nor the Authors make any
# representations about the suitability of this software for any
# purpose. This software is provided "as is" without express or
# implied warranty.
# The C3 tools were funded by the U.S. Department of Energy.

41
sdk_container/src/third_party/portage-stable/licenses/CAOSL vendored
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CA Open Source Licence Version 1.0
==================================
Copyright (c) 2003 Computer Associates. All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
3. The end-user documentation included with the redistribution, if any,
must include the following acknowledgment:
"This product includes software developed by
Computer Associates (http://www.ca.com/)."
Alternately, this acknowledgment may appear in the software itself, if and
wherever such third-party acknowledgments normally appear.
4. The name "Computer Associates" must not be used to endorse or promote
products derived from this software without prior written permission.
5. Products may not include "Computer Associates" in their name, without prior
written permission of the Computer Associates.
THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
COMPUTER ASSOCIATES OR CONTRIBUTORS TO THE JXPLORER OPEN SOURCE PROJECT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.

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sdk_container/src/third_party/portage-stable/licenses/CAPYBARA-EULA vendored
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CAPYBARA GAMES INC.
End User License Agreement
THIS END USER LICENSE AGREEMENT ("EULA") IS A BINDING LEGAL AGREEMENT BETWEEN CAPYBARA GAMES INC ("CAPYBARA") AND YOU AND, IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (COLLECTIVELY, "YOU" AND "YOUR") REGARDING THE GAME SOFTWARE THAT YOU ARE INSTALLING, INCLUDING ANY ACCOMPANYING MANUAL OR OTHER RELATED MATERIAL PROVIDED BY CAPYBARA AS PART OF, OR IN CONNECTION, THEREWITH (COLLECTIVELY, THE "GAME").
BY CLICKING THE "I AGREE" BUTTON BELOW, OR BY OTHERWISE CONTINUING TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE GAME, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, YOU MUST SELECT THE "I DON'T AGREE" BUTTON AND YOU MAY NOT CONTINUE TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE GAME.
1. LICENSE GRANT AND RESTRICTIONS.
1.1 License Grant. CAPYBARA hereby grants to you a non-exclusive license to use a single copy of the object code version of the Game for your personal, non-commercial home entertainment use on one personal computer or other compatible electronic device. You may sell or transfer your copy of the Game to another person along with, and subject to, your rights under this EULA, only if you do not retain any copies.
1.2 Restrictions. You may not (i) decompile, disassemble or reverse engineer the Game or otherwise attempt to gain access to its source code, except to the extent that such restrictions are expressly prohibited by law; (ii) copy, offer for public display or create derivative works thereof, except to the extent that such restrictions are expressly prohibited by law; (iii) rent, lease, loan, sublicense or distribute the Game, or offer it on a pay-per-play, coin-op or other for charge (or free) basis; (iv) use the Game to infringe the copyrights or other intellectual property rights of others in any way; (v) modify or delete the copyright and other proprietary rights notices on or in the Game.
1.3 Additional Restrictions for Trial Versions. If the Game was provided to you for trial use for a limited period of time and/or number of uses, you agree not to use the Game beyond the expiration or termination of the trial period. You acknowledge and agree that the Game may include code designed to prevent you from exceeding these limits, and that such code may remain on your computer or device after deletion of the Game to prevent you from installing another copy of the Game and repeating the trial.
1.4 Game Specific Terms and Conditions. For additional terms and conditions that may apply to the Game, such as third-party copyright notices and license information, please review the About screen included in the Game. The About screen for the Game is hereby incorporated into this EULA by this reference.
2. TERMINATION. This EULA is effective until terminated. You may terminate this EULA at any time by uninstalling the Game and destroying all copies of the Game in your possession or control. CAPYBARA may terminate this EULA immediately upon notice to you if you breach any of its terms or conditions. Upon termination of this EULA, you agree to immediately uninstall the Game and destroy all copies of the Game.
3. GAME OWNERSHIP. The Game is the copyrighted proprietary material of CAPYBARA, Superbrothers Inc. and/or its third-party licensors and is subject to copyright protection under Canadian copyright law and international copyright treaties, as well as other intellectual property laws and treaties. CAPYBARA, Superbrothers Inc. and/or its third-party licensors retain all right, title, and interest in the Game (and any copies thereof) and specifically reserve all rights not expressly granted under this EULA.
4. LIMITED WARRANTIES BY CAPYBARA.
4.1 Limited Warranty. CAPYBARA WARRANTS TO YOU, THE ORIGINAL PURCHASER OF THE GAME, THAT THE GAME WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF PURCHASE (THE "WARRANTY PERIOD"). THIS LIMITED WARRANTY IS VOID IF THE GAME HAS BEEN SUBJECT TO MISUSE, DAMAGE OR IF YOU HAVE VIOLATED THIS EULA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR WARRANTIES THAT THE GAME WILL BE ERROR-FREE, SECURE OR VIRUS-FREE, ARE HEREBY EXPRESSLY DISCLAIMED.
4.2 Additional Warranty for Retail Product. IF YOU PURCHASED THE GAME ON A DISC OR OTHER RECORDING MEDIUM, THEN YOU MUST MAKE ANY WARRANTY CLAIM TO THE RETAILER FROM WHICH YOU PURCHASED THE GAME BY PROVIDING A COPY OF YOUR ORIGINAL SALES RECEIPT AND ANY OTHER DETAILS REQUIRED BY THE RETAILER. THE RETAILER, AT ITS OPTION, MAY REFUND YOUR PURCHASE PRICE, REPAIR OR REPLACE THE DISC OR OTHER MEDIA CONTAINING THE GAME. ANY REPLACEMENT WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD OR THIRTY (30) DAYS, WHICHEVER IS LONGER. YOUR EXCLUSIVE REMEDY, AND THE ENTIRE LIABILITY OF CAPYBARA, ITS AFFILIATES, LICENSORS AND SUPPLIERS (COLLECTIVELY, "THE CAPYBARA PARTIES"), FOR BREACH OF THIS WARRANTY, SHALL BE THE REFUND, REPAIR OR REPLACEMENT DESCRIBED ABOVE.
5. LIMITATION OF LIABILITY. NO PROVISIONS OF THIS EULA SHALL APPLY TO LIMIT LIABILITY ARISING FROM DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD. OTHERWISE, IN NO EVENT WILL THE CAPYBARA PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS EULA AND/OR YOUR USE OF THE GAME EXCEED THE AMOUNT PAID BY YOU FOR THE GAME. IN NO EVENT WILL THE CAPYBARA PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER TYPE OF DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, LOSS OF DATA, PRIVACY, NEGLIGENCE OR OTHER DUTY OF CARE), EVEN IF ONE OR MORE OF THE CAPYBARA PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. BASIS OF THE BARGAIN; EXCLUSIONS. The disclaimers of warranties and limitations of liability set forth above are fundamental elements of the basis of the agreement between you and CAPYBARA. You understand and agree that CAPYBARA would not be able to economically or reasonably provide the Game to you without these limitations. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR THE LIMITATION OF INDIRECT DAMAGES AS SET FORTH IN SECTIONS 4 AND 5 ABOVE, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
7. INDEMNIFICATION. You agree to indemnify, defend and hold harmless the CAPYBARA Parties, including their respective employees, officers, directors and personnel from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your violation of this EULA and/or your use or misuse of the Game.
8. EXPORT CONTROL. The Game originates in Canada and is subject to Canadian export laws and regulations. You may not export or re-export, in whole or in part, the Game to certain countries, persons or entities prohibited from receiving exports from Canada. Additionally, the Game may be subject to the import and export laws of other countries, and you agree that you will comply with any such foreign import and export laws, as applicable.
9. MISCELLANEOUS. You agree to comply with all Canadian and foreign laws related to your use of the Game. This is the entire agreement between you and CAPYBARA relating to the subject matter herein and replaces any and all previous representations, agreements, understandings or communications, whether written or oral. This EULA may not be modified except in writing, signed by both parties. If a court of competent jurisdiction declares any provision of this EULA to be void or unenforceable, then such provision will be interpreted, construed or reformed to the extent reasonably required to render it valid, enforceable and consistent with the original intent underlying such provision, and such invalidity or unenforceability will not affect any other provision of this EULA. The English language version of this EULA will control its interpretation.
10. GOVERNING LAW AND VENUE.
This EULA will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, excluding its conflicts of law rules and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods. Venue for any action hereunder shall lie exclusively in the courts located in Toronto, Ontario, Canada and you hereby consent and submit to the personal jurisdiction of such courts.
11. NOTICES; HOW TO CONTACT CAPYBARA. The Game is made available to you by CAPYBARA GAMES INC. CAPYBARA may be contacted via its website (http://www.capybaragames.com). Superbrothers Inc. may be contacted via its website (www.superbrothers.ca)

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CARA is freeware, i.e. it can be used for free by anyone. The users are obligated to mention the use of CARA in their resulting publications*.
The software and documentation are provided as is, without warranty of any kind, expressed or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement. In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software.
*
Please reference the book The Computer Aided Resonance Assignment Tutorial by Rochus Keller, first edition 2004, ISBN 3-85600-112-3, CANTINA Verlag. Alternatively you can cite Rochus' PhD thesis, Diss. ETH Nr. 15947. It would also be helpful if you could mention in your publication that CARA can be downloaded for free from www.nmr.ch.

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Creative Commons Legal Code
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Creative Commons may be contacted at https://creativecommons.org/.

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Creative Commons Legal Code
Attribution 2.0
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE
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Creative Commons Legal Code
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and other pre-existing works, such as a translation, musical
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publicly, and perform publicly by means of a digital audio
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publicly, and perform publicly by means of a digital audio
transmission Derivative Works.
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i. Performance Royalties Under Blanket Licenses. Licensor waives
the exclusive right to collect, whether individually or via a
performance rights society (e.g. ASCAP, BMI, SESAC), royalties
for the public performance or public digital performance (e.g.
webcast) of the Work.
ii. Mechanical Rights and Statutory Royalties. Licensor waives the
exclusive right to collect, whether individually or via a music
rights agency or designated agent (e.g. Harry Fox Agency),
royalties for any phonorecord You create from the Work ("cover
version") and distribute, subject to the compulsory license
created by 17 USC Section 115 of the US Copyright Act (or the
equivalent in other jurisdictions).
f. Webcasting Rights and Statutory Royalties. For the avoidance of doubt,
where the Work is a sound recording, Licensor waives the exclusive
right to collect, whether individually or via a performance-rights
society (e.g. SoundExchange), royalties for the public digital
performance (e.g. webcast) of the Work, subject to the compulsory
license created by 17 USC Section 114 of the US Copyright Act (or the
equivalent in other jurisdictions).
The above rights may be exercised in all media and formats whether now
known or hereafter devised. The above rights include the right to make
such modifications as are technically necessary to exercise the rights in
other media and formats. All rights not expressly granted by Licensor are
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4. Restrictions. The license granted in Section 3 above is expressly made
subject to and limited by the following restrictions:
a. You may distribute, publicly display, publicly perform, or publicly
digitally perform the Work only under the terms of this License, and
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Attribution 4.0 International
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Creative Commons Corporation ("Creative Commons") is not a law firm and
does not provide legal services or legal advice. Distribution of
Creative Commons public licenses does not create a lawyer-client or
other relationship. Creative Commons makes its licenses and related
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Using Creative Commons Public Licenses
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and certain other rights specified in the public license below. The
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Although not required by our licenses, you are encouraged to
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=======================================================================
Creative Commons Attribution 4.0 International Public License
By exercising the Licensed Rights (defined below), You accept and agree
to be bound by the terms and conditions of this Creative Commons
Attribution 4.0 International Public License ("Public License"). To the
extent this Public License may be interpreted as a contract, You are
granted the Licensed Rights in consideration of Your acceptance of
these terms and conditions, and the Licensor grants You such rights in
consideration of benefits the Licensor receives from making the
Licensed Material available under these terms and conditions.
Section 1 -- Definitions.
a. Adapted Material means material subject to Copyright and Similar
Rights that is derived from or based upon the Licensed Material
and in which the Licensed Material is translated, altered,
arranged, transformed, or otherwise modified in a manner requiring
permission under the Copyright and Similar Rights held by the
Licensor. For purposes of this Public License, where the Licensed
Material is a musical work, performance, or sound recording,
Adapted Material is always produced where the Licensed Material is
synched in timed relation with a moving image.
b. Adapter's License means the license You apply to Your Copyright
and Similar Rights in Your contributions to Adapted Material in
accordance with the terms and conditions of this Public License.
c. Copyright and Similar Rights means copyright and/or similar rights
closely related to copyright including, without limitation,
performance, broadcast, sound recording, and Sui Generis Database
Rights, without regard to how the rights are labeled or
categorized. For purposes of this Public License, the rights
specified in Section 2(b)(1)-(2) are not Copyright and Similar
Rights.
d. Effective Technological Measures means those measures that, in the
absence of proper authority, may not be circumvented under laws
fulfilling obligations under Article 11 of the WIPO Copyright
Treaty adopted on December 20, 1996, and/or similar international
agreements.
e. Exceptions and Limitations means fair use, fair dealing, and/or
any other exception or limitation to Copyright and Similar Rights
that applies to Your use of the Licensed Material.
f. Licensed Material means the artistic or literary work, database,
or other material to which the Licensor applied this Public
License.
g. Licensed Rights means the rights granted to You subject to the
terms and conditions of this Public License, which are limited to
all Copyright and Similar Rights that apply to Your use of the
Licensed Material and that the Licensor has authority to license.
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under this Public License.
i. Share means to provide material to the public by any means or
process that requires permission under the Licensed Rights, such
as reproduction, public display, public performance, distribution,
dissemination, communication, or importation, and to make material
available to the public including in ways that members of the
public may access the material from a place and at a time
individually chosen by them.
j. Sui Generis Database Rights means rights other than copyright
resulting from Directive 96/9/EC of the European Parliament and of
the Council of 11 March 1996 on the legal protection of databases,
as amended and/or succeeded, as well as other essentially
equivalent rights anywhere in the world.
k. You means the individual or entity exercising the Licensed Rights
under this Public License. Your has a corresponding meaning.
Section 2 -- Scope.
a. License grant.
1. Subject to the terms and conditions of this Public License,
the Licensor hereby grants You a worldwide, royalty-free,
non-sublicensable, non-exclusive, irrevocable license to
exercise the Licensed Rights in the Licensed Material to:
a. reproduce and Share the Licensed Material, in whole or
in part; and
b. produce, reproduce, and Share Adapted Material.
2. Exceptions and Limitations. For the avoidance of doubt, where
Exceptions and Limitations apply to Your use, this Public
License does not apply, and You do not need to comply with
its terms and conditions.
3. Term. The term of this Public License is specified in Section
6(a).
4. Media and formats; technical modifications allowed. The
Licensor authorizes You to exercise the Licensed Rights in
all media and formats whether now known or hereafter created,
and to make technical modifications necessary to do so. The
Licensor waives and/or agrees not to assert any right or
authority to forbid You from making technical modifications
necessary to exercise the Licensed Rights, including
technical modifications necessary to circumvent Effective
Technological Measures. For purposes of this Public License,
simply making modifications authorized by this Section 2(a)
(4) never produces Adapted Material.
5. Downstream recipients.
a. Offer from the Licensor -- Licensed Material. Every
recipient of the Licensed Material automatically
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Licensed Rights under the terms and conditions of this
Public License.
b. No downstream restrictions. You may not offer or impose
any additional or different terms or conditions on, or
apply any Effective Technological Measures to, the
Licensed Material if doing so restricts exercise of the
Licensed Rights by any recipient of the Licensed
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6. No endorsement. Nothing in this Public License constitutes or
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are, or that Your use of the Licensed Material is, connected
with, or sponsored, endorsed, or granted official status by,
the Licensor or others designated to receive attribution as
provided in Section 3(a)(1)(A)(i).
b. Other rights.
1. Moral rights, such as the right of integrity, are not
licensed under this Public License, nor are publicity,
privacy, and/or other similar personality rights; however, to
the extent possible, the Licensor waives and/or agrees not to
assert any such rights held by the Licensor to the limited
extent necessary to allow You to exercise the Licensed
Rights, but not otherwise.
2. Patent and trademark rights are not licensed under this
Public License.
3. To the extent possible, the Licensor waives any right to
collect royalties from You for the exercise of the Licensed
Rights, whether directly or through a collecting society
under any voluntary or waivable statutory or compulsory
licensing scheme. In all other cases the Licensor expressly
reserves any right to collect such royalties.
Section 3 -- License Conditions.
Your exercise of the Licensed Rights is expressly made subject to the
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1. If You Share the Licensed Material (including in modified
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with the Licensed Material:
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Material and any others designated to receive
attribution, in any reasonable manner requested by
the Licensor (including by pseudonym if
designated);
ii. a copyright notice;
iii. a notice that refers to this Public License;
iv. a notice that refers to the disclaimer of
warranties;
v. a URI or hyperlink to the Licensed Material to the
extent reasonably practicable;
b. indicate if You modified the Licensed Material and
retain an indication of any previous modifications; and
c. indicate the Licensed Material is licensed under this
Public License, and include the text of, or the URI or
hyperlink to, this Public License.
2. You may satisfy the conditions in Section 3(a)(1) in any
reasonable manner based on the medium, means, and context in
which You Share the Licensed Material. For example, it may be
reasonable to satisfy the conditions by providing a URI or
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3. If requested by the Licensor, You must remove any of the
information required by Section 3(a)(1)(A) to the extent
reasonably practicable.
4. If You Share Adapted Material You produce, the Adapter's
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Material from complying with this Public License.
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Where the Licensed Rights include Sui Generis Database Rights that
apply to Your use of the Licensed Material:
a. for the avoidance of doubt, Section 2(a)(1) grants You the right
to extract, reuse, reproduce, and Share all or a substantial
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Rights, then the database in which You have Sui Generis Database
Rights (but not its individual contents) is Adapted Material; and
c. You must comply with the conditions in Section 3(a) if You Share
all or a substantial portion of the contents of the database.
For the avoidance of doubt, this Section 4 supplements and does not
replace Your obligations under this Public License where the Licensed
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Section 5 -- Disclaimer of Warranties and Limitation of Liability.
a. UNLESS OTHERWISE SEPARATELY UNDERTAKEN BY THE LICENSOR, TO THE
EXTENT POSSIBLE, THE LICENSOR OFFERS THE LICENSED MATERIAL AS-IS
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WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
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ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT
KNOWN OR DISCOVERABLE. WHERE DISCLAIMERS OF WARRANTIES ARE NOT
ALLOWED IN FULL OR IN PART, THIS DISCLAIMER MAY NOT APPLY TO YOU.
b. TO THE EXTENT POSSIBLE, IN NO EVENT WILL THE LICENSOR BE LIABLE
TO YOU ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER LOSSES,
COSTS, EXPENSES, OR DAMAGES ARISING OUT OF THIS PUBLIC LICENSE OR
USE OF THE LICENSED MATERIAL, EVEN IF THE LICENSOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSSES, COSTS, EXPENSES, OR
DAMAGES. WHERE A LIMITATION OF LIABILITY IS NOT ALLOWED IN FULL OR
IN PART, THIS LIMITATION MAY NOT APPLY TO YOU.
c. The disclaimer of warranties and limitation of liability provided
above shall be interpreted in a manner that, to the extent
possible, most closely approximates an absolute disclaimer and
waiver of all liability.
Section 6 -- Term and Termination.
a. This Public License applies for the term of the Copyright and
Similar Rights licensed here. However, if You fail to comply with
this Public License, then Your rights under this Public License
terminate automatically.
b. Where Your right to use the Licensed Material has terminated under
Section 6(a), it reinstates:
1. automatically as of the date the violation is cured, provided
it is cured within 30 days of Your discovery of the
violation; or
2. upon express reinstatement by the Licensor.
For the avoidance of doubt, this Section 6(b) does not affect any
right the Licensor may have to seek remedies for Your violations
of this Public License.
c. For the avoidance of doubt, the Licensor may also offer the
Licensed Material under separate terms or conditions or stop
distributing the Licensed Material at any time; however, doing so
will not terminate this Public License.
d. Sections 1, 5, 6, 7, and 8 survive termination of this Public
License.
Section 7 -- Other Terms and Conditions.
a. The Licensor shall not be bound by any additional or different
terms or conditions communicated by You unless expressly agreed.
b. Any arrangements, understandings, or agreements regarding the
Licensed Material not stated herein are separate from and
independent of the terms and conditions of this Public License.
Section 8 -- Interpretation.
a. For the avoidance of doubt, this Public License does not, and
shall not be interpreted to, reduce, limit, restrict, or impose
conditions on any use of the Licensed Material that could lawfully
be made without permission under this Public License.
b. To the extent possible, if any provision of this Public License is
deemed unenforceable, it shall be automatically reformed to the
minimum extent necessary to make it enforceable. If the provision
cannot be reformed, it shall be severed from this Public License
without affecting the enforceability of the remaining terms and
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c. No term or condition of this Public License will be waived and no
failure to comply consented to unless expressly agreed to by the
Licensor.
d. Nothing in this Public License constitutes or may be interpreted
as a limitation upon, or waiver of, any privileges and immunities
that apply to the Licensor or You, including from the legal
processes of any jurisdiction or authority.
=======================================================================
Creative Commons is not a party to its public
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Creative Commons may be contacted at creativecommons.org.

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Attribution-NonCommercial 4.0 International
=======================================================================
Creative Commons Corporation ("Creative Commons") is not a law firm and
does not provide legal services or legal advice. Distribution of
Creative Commons public licenses does not create a lawyer-client or
other relationship. Creative Commons makes its licenses and related
information available on an "as-is" basis. Creative Commons gives no
warranties regarding its licenses, any material licensed under their
terms and conditions, or any related information. Creative Commons
disclaims all liability for damages resulting from their use to the
fullest extent possible.
Using Creative Commons Public Licenses
Creative Commons public licenses provide a standard set of terms and
conditions that creators and other rights holders may use to share
original works of authorship and other material subject to copyright
and certain other rights specified in the public license below. The
following considerations are for informational purposes only, are not
exhaustive, and do not form part of our licenses.
Considerations for licensors: Our public licenses are
intended for use by those authorized to give the public
permission to use material in ways otherwise restricted by
copyright and certain other rights. Our licenses are
irrevocable. Licensors should read and understand the terms
and conditions of the license they choose before applying it.
Licensors should also secure all rights necessary before
applying our licenses so that the public can reuse the
material as expected. Licensors should clearly mark any
material not subject to the license. This includes other CC-
licensed material, or material used under an exception or
limitation to copyright. More considerations for licensors:
wiki.creativecommons.org/Considerations_for_licensors
Considerations for the public: By using one of our public
licenses, a licensor grants the public permission to use the
licensed material under specified terms and conditions. If
the licensor's permission is not necessary for any reason--for
example, because of any applicable exception or limitation to
copyright--then that use is not regulated by the license. Our
licenses grant only permissions under copyright and certain
other rights that a licensor has authority to grant. Use of
the licensed material may still be restricted for other
reasons, including because others have copyright or other
rights in the material. A licensor may make special requests,
such as asking that all changes be marked or described.
Although not required by our licenses, you are encouraged to
respect those requests where reasonable. More considerations
for the public:
wiki.creativecommons.org/Considerations_for_licensees
=======================================================================
Creative Commons Attribution-NonCommercial 4.0 International Public
License
By exercising the Licensed Rights (defined below), You accept and agree
to be bound by the terms and conditions of this Creative Commons
Attribution-NonCommercial 4.0 International Public License ("Public
License"). To the extent this Public License may be interpreted as a
contract, You are granted the Licensed Rights in consideration of Your
acceptance of these terms and conditions, and the Licensor grants You
such rights in consideration of benefits the Licensor receives from
making the Licensed Material available under these terms and
conditions.
Section 1 -- Definitions.
a. Adapted Material means material subject to Copyright and Similar
Rights that is derived from or based upon the Licensed Material
and in which the Licensed Material is translated, altered,
arranged, transformed, or otherwise modified in a manner requiring
permission under the Copyright and Similar Rights held by the
Licensor. For purposes of this Public License, where the Licensed
Material is a musical work, performance, or sound recording,
Adapted Material is always produced where the Licensed Material is
synched in timed relation with a moving image.
b. Adapter's License means the license You apply to Your Copyright
and Similar Rights in Your contributions to Adapted Material in
accordance with the terms and conditions of this Public License.
c. Copyright and Similar Rights means copyright and/or similar rights
closely related to copyright including, without limitation,
performance, broadcast, sound recording, and Sui Generis Database
Rights, without regard to how the rights are labeled or
categorized. For purposes of this Public License, the rights
specified in Section 2(b)(1)-(2) are not Copyright and Similar
Rights.
d. Effective Technological Measures means those measures that, in the
absence of proper authority, may not be circumvented under laws
fulfilling obligations under Article 11 of the WIPO Copyright
Treaty adopted on December 20, 1996, and/or similar international
agreements.
e. Exceptions and Limitations means fair use, fair dealing, and/or
any other exception or limitation to Copyright and Similar Rights
that applies to Your use of the Licensed Material.
f. Licensed Material means the artistic or literary work, database,
or other material to which the Licensor applied this Public
License.
g. Licensed Rights means the rights granted to You subject to the
terms and conditions of this Public License, which are limited to
all Copyright and Similar Rights that apply to Your use of the
Licensed Material and that the Licensor has authority to license.
h. Licensor means the individual(s) or entity(ies) granting rights
under this Public License.
i. NonCommercial means not primarily intended for or directed towards
commercial advantage or monetary compensation. For purposes of
this Public License, the exchange of the Licensed Material for
other material subject to Copyright and Similar Rights by digital
file-sharing or similar means is NonCommercial provided there is
no payment of monetary compensation in connection with the
exchange.
j. Share means to provide material to the public by any means or
process that requires permission under the Licensed Rights, such
as reproduction, public display, public performance, distribution,
dissemination, communication, or importation, and to make material
available to the public including in ways that members of the
public may access the material from a place and at a time
individually chosen by them.
k. Sui Generis Database Rights means rights other than copyright
resulting from Directive 96/9/EC of the European Parliament and of
the Council of 11 March 1996 on the legal protection of databases,
as amended and/or succeeded, as well as other essentially
equivalent rights anywhere in the world.
l. You means the individual or entity exercising the Licensed Rights
under this Public License. Your has a corresponding meaning.
Section 2 -- Scope.
a. License grant.
1. Subject to the terms and conditions of this Public License,
the Licensor hereby grants You a worldwide, royalty-free,
non-sublicensable, non-exclusive, irrevocable license to
exercise the Licensed Rights in the Licensed Material to:
a. reproduce and Share the Licensed Material, in whole or
in part, for NonCommercial purposes only; and
b. produce, reproduce, and Share Adapted Material for
NonCommercial purposes only.
2. Exceptions and Limitations. For the avoidance of doubt, where
Exceptions and Limitations apply to Your use, this Public
License does not apply, and You do not need to comply with
its terms and conditions.
3. Term. The term of this Public License is specified in Section
6(a).
4. Media and formats; technical modifications allowed. The
Licensor authorizes You to exercise the Licensed Rights in
all media and formats whether now known or hereafter created,
and to make technical modifications necessary to do so. The
Licensor waives and/or agrees not to assert any right or
authority to forbid You from making technical modifications
necessary to exercise the Licensed Rights, including
technical modifications necessary to circumvent Effective
Technological Measures. For purposes of this Public License,
simply making modifications authorized by this Section 2(a)
(4) never produces Adapted Material.
5. Downstream recipients.
a. Offer from the Licensor -- Licensed Material. Every
recipient of the Licensed Material automatically
receives an offer from the Licensor to exercise the
Licensed Rights under the terms and conditions of this
Public License.
b. No downstream restrictions. You may not offer or impose
any additional or different terms or conditions on, or
apply any Effective Technological Measures to, the
Licensed Material if doing so restricts exercise of the
Licensed Rights by any recipient of the Licensed
Material.
6. No endorsement. Nothing in this Public License constitutes or
may be construed as permission to assert or imply that You
are, or that Your use of the Licensed Material is, connected
with, or sponsored, endorsed, or granted official status by,
the Licensor or others designated to receive attribution as
provided in Section 3(a)(1)(A)(i).
b. Other rights.
1. Moral rights, such as the right of integrity, are not
licensed under this Public License, nor are publicity,
privacy, and/or other similar personality rights; however, to
the extent possible, the Licensor waives and/or agrees not to
assert any such rights held by the Licensor to the limited
extent necessary to allow You to exercise the Licensed
Rights, but not otherwise.
2. Patent and trademark rights are not licensed under this
Public License.
3. To the extent possible, the Licensor waives any right to
collect royalties from You for the exercise of the Licensed
Rights, whether directly or through a collecting society
under any voluntary or waivable statutory or compulsory
licensing scheme. In all other cases the Licensor expressly
reserves any right to collect such royalties, including when
the Licensed Material is used other than for NonCommercial
purposes.
Section 3 -- License Conditions.
Your exercise of the Licensed Rights is expressly made subject to the
following conditions.
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Creative Commons Legal Code
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Creative Commons Legal Code
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE
LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN
ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS
INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES
REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR
DAMAGES RESULTING FROM ITS USE.
License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE
TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE
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AND CONDITIONS.
1. Definitions
a. "Collective Work" means a work, such as a periodical issue, anthology
or encyclopedia, in which the Work in its entirety in unmodified form,
along with a number of other contributions, constituting separate and
independent works in themselves, are assembled into a collective
whole. A work that constitutes a Collective Work will not be
considered a Derivative Work (as defined below) for the purposes of
this License.
b. "Derivative Work" means a work based upon the Work or upon the Work
and other pre-existing works, such as a translation, musical
arrangement, dramatization, fictionalization, motion picture version,
sound recording, art reproduction, abridgment, condensation, or any
other form in which the Work may be recast, transformed, or adapted,
except that a work that constitutes a Collective Work will not be
considered a Derivative Work for the purpose of this License. For the
avoidance of doubt, where the Work is a musical composition or sound
recording, the synchronization of the Work in timed-relation with a
moving image ("synching") will be considered a Derivative Work for the
purpose of this License.
c. "Licensor" means the individual or entity that offers the Work under
the terms of this License.
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e. "Work" means the copyrightable work of authorship offered under the
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respect to the Work, or who has received express permission from the
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or restrict any rights arising from fair use, first sale or other
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law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License,
Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
perpetual (for the duration of the applicable copyright) license to
exercise the rights in the Work as stated below:
a. to reproduce the Work, to incorporate the Work into one or more
Collective Works, and to reproduce the Work as incorporated in the
Collective Works;
b. to distribute copies or phonorecords of, display publicly, perform
publicly, and perform publicly by means of a digital audio
transmission the Work including as incorporated in Collective Works;
The above rights may be exercised in all media and formats whether now
known or hereafter devised. The above rights include the right to make
such modifications as are technically necessary to exercise the rights in
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Derivative Works. All rights not expressly granted by Licensor are hereby
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digitally perform the Work only under the terms of this License, and
You must include a copy of, or the Uniform Resource Identifier for,
this License with every copy or phonorecord of the Work You
distribute, publicly display, publicly perform, or publicly digitally
perform. You may not offer or impose any terms on the Work that alter
or restrict the terms of this License or the recipients' exercise of
the rights granted hereunder. You may not sublicense the Work. You
must keep intact all notices that refer to this License and to the
disclaimer of warranties. You may not distribute, publicly display,
publicly perform, or publicly digitally perform the Work with any
technological measures that control access or use of the Work in a
manner inconsistent with the terms of this License Agreement. The
above applies to the Work as incorporated in a Collective Work, but
this does not require the Collective Work apart from the Work itself
to be made subject to the terms of this License. If You create a
Collective Work, upon notice from any Licensor You must, to the extent
practicable, remove from the Collective Work any credit as required by
clause 4(c), as requested.
b. You may not exercise any of the rights granted to You in Section 3
above in any manner that is primarily intended for or directed toward
commercial advantage or private monetary compensation. The exchange of
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or otherwise shall not be considered to be intended for or directed
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there is no payment of any monetary compensation in connection with
the exchange of copyrighted works.
c. If you distribute, publicly display, publicly perform, or publicly
digitally perform the Work, You must keep intact all copyright notices
for the Work and provide, reasonable to the medium or means You are
utilizing: (i) the name of the Original Author (or pseudonym, if
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Licensor designate another party or parties (e.g. a sponsor institute,
publishing entity, journal) for attribution in Licensor's copyright
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any, that Licensor specifies to be associated with the Work, unless
such URI does not refer to the copyright notice or licensing
information for the Work. Such credit may be implemented in any
reasonable manner; provided, however, that in the case of a Collective
Work, at a minimum such credit will appear where any other comparable
authorship credit appears and in a manner at least as prominent as
such other comparable authorship credit.
d. For the avoidance of doubt, where the Work is a musical composition:
i. Performance Royalties Under Blanket Licenses. Licensor reserves
the exclusive right to collect, whether individually or via a
performance rights society (e.g. ASCAP, BMI, SESAC), royalties
for the public performance or public digital performance (e.g.
webcast) of the Work if that performance is primarily intended
for or directed toward commercial advantage or private monetary
compensation.
ii. Mechanical Rights and Statutory Royalties. Licensor reserves the
exclusive right to collect, whether individually or via a music
rights agency or designated agent (e.g. Harry Fox Agency),
royalties for any phonorecord You create from the Work ("cover
version") and distribute, subject to the compulsory license
created by 17 USC Section 115 of the US Copyright Act (or the
equivalent in other jurisdictions), if Your distribution of such
cover version is primarily intended for or directed toward
commercial advantage or private monetary compensation.
e. Webcasting Rights and Statutory Royalties. For the avoidance of doubt,
where the Work is a sound recording, Licensor reserves the exclusive
right to collect, whether individually or via a performance-rights
society (e.g. SoundExchange), royalties for the public digital
performance (e.g. webcast) of the Work, subject to the compulsory
license created by 17 USC Section 114 of the US Copyright Act (or the
equivalent in other jurisdictions), if Your public digital performance
is primarily intended for or directed toward commercial advantage or
private monetary compensation.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES IN WRITING, LICENSOR
OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF
LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS,
WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE
LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR
ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES
ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Termination
a. This License and the rights granted hereunder will terminate
automatically upon any breach by You of the terms of this License.
Individuals or entities who have received Collective Works from You
under this License, however, will not have their licenses terminated
provided such individuals or entities remain in full compliance with
those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any
termination of this License.
b. Subject to the above terms and conditions, the license granted here is
perpetual (for the duration of the applicable copyright in the Work).
Notwithstanding the above, Licensor reserves the right to release the
Work under different license terms or to stop distributing the Work at
any time; provided, however that any such election will not serve to
withdraw this License (or any other license that has been, or is
required to be, granted under the terms of this License), and this
License will continue in full force and effect unless terminated as
stated above.
8. Miscellaneous
a. Each time You distribute or publicly digitally perform the Work or a
Collective Work, the Licensor offers to the recipient a license to the
Work on the same terms and conditions as the license granted to You
under this License.
b. If any provision of this License is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this License, and without further action
by the parties to this agreement, such provision shall be reformed to
the minimum extent necessary to make such provision valid and
enforceable.
c. No term or provision of this License shall be deemed waived and no
breach consented to unless such waiver or consent shall be in writing
and signed by the party to be charged with such waiver or consent.
d. This License constitutes the entire agreement between the parties with
respect to the Work licensed here. There are no understandings,
agreements or representations with respect to the Work not specified
here. Licensor shall not be bound by any additional provisions that
may appear in any communication from You. This License may not be
modified without the mutual written agreement of the Licensor and You.
Creative Commons is not a party to this License, and makes no warranty
whatsoever in connection with the Work. Creative Commons will not be
liable to You or any party on any legal theory for any damages
whatsoever, including without limitation any general, special,
incidental or consequential damages arising in connection to this
license. Notwithstanding the foregoing two (2) sentences, if Creative
Commons has expressly identified itself as the Licensor hereunder, it
shall have all rights and obligations of Licensor.
Except for the limited purpose of indicating to the public that the
Work is licensed under the CCPL, neither party will use the trademark
"Creative Commons" or any related trademark or logo of Creative
Commons without the prior written consent of Creative Commons. Any
permitted use will be in compliance with Creative Commons'
then-current trademark usage guidelines, as may be published on its
website or otherwise made available upon request from time to time.
Creative Commons may be contacted at http://creativecommons.org/.

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Creative Commons Legal Code
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Creative Commons Legal Code
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE
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Except for the limited purpose of indicating to the public that the
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website or otherwise made available upon request from time to time.
Creative Commons may be contacted at http://creativecommons.org/.

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Creative Commons Legal Code
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LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN
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INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES
REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR
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License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
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Creative Commons Legal Code
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Creative Commons Legal Code
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE
LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN
ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS
INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES
REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR
DAMAGES RESULTING FROM ITS USE.
License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
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AND CONDITIONS.
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or encyclopedia, in which the Work in its entirety in unmodified form,
along with a number of other contributions, constituting separate and
independent works in themselves, are assembled into a collective
whole. A work that constitutes a Collective Work will not be
considered a Derivative Work (as defined below) for the purposes of
this License.
b. "Derivative Work" means a work based upon the Work or upon the Work
and other pre-existing works, such as a translation, musical
arrangement, dramatization, fictionalization, motion picture version,
sound recording, art reproduction, abridgment, condensation, or any
other form in which the Work may be recast, transformed, or adapted,
except that a work that constitutes a Collective Work will not be
considered a Derivative Work for the purpose of this License. For the
avoidance of doubt, where the Work is a musical composition or sound
recording, the synchronization of the Work in timed-relation with a
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law or other applicable laws.
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perpetual (for the duration of the applicable copyright) license to
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must keep intact all notices that refer to this License and to the
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above applies to the Work as incorporated in a Collective Work, but
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Licensor or the Original Author, as requested. If You create a
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or the recipients' exercise of the rights granted hereunder, and You
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with any technological measures that control access or use of the Work
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above applies to the Derivative Work as incorporated in a Collective
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based on original Work by Original Author"). Such credit may be
implemented in any reasonable manner; provided, however, that in the
case of a Derivative Work or Collective Work, at a minimum such credit
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perpetual (for the duration of the applicable copyright in the Work).
Notwithstanding the above, Licensor reserves the right to release the
Work under different license terms or to stop distributing the Work at
any time; provided, however that any such election will not serve to
withdraw this License (or any other license that has been, or is
required to be, granted under the terms of this License), and this
License will continue in full force and effect unless terminated as
stated above.
8. Miscellaneous
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Collective Work, the Licensor offers to the recipient a license to the
Work on the same terms and conditions as the license granted to You
under this License.
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Work, Licensor offers to the recipient a license to the original Work
on the same terms and conditions as the license granted to You under
this License.
c. If any provision of this License is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this License, and without further action
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the minimum extent necessary to make such provision valid and
enforceable.
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breach consented to unless such waiver or consent shall be in writing
and signed by the party to be charged with such waiver or consent.
e. This License constitutes the entire agreement between the parties with
respect to the Work licensed here. There are no understandings,
agreements or representations with respect to the Work not specified
here. Licensor shall not be bound by any additional provisions that
may appear in any communication from You. This License may not be
modified without the mutual written agreement of the Licensor and You.
Creative Commons is not a party to this License, and makes no warranty
whatsoever in connection with the Work. Creative Commons will not be
liable to You or any party on any legal theory for any damages
whatsoever, including without limitation any general, special,
incidental or consequential damages arising in connection to this
license. Notwithstanding the foregoing two (2) sentences, if Creative
Commons has expressly identified itself as the Licensor hereunder, it
shall have all rights and obligations of Licensor.
Except for the limited purpose of indicating to the public that the
Work is licensed under the CCPL, neither party will use the trademark
"Creative Commons" or any related trademark or logo of Creative
Commons without the prior written consent of Creative Commons. Any
permitted use will be in compliance with Creative Commons'
then-current trademark usage guidelines, as may be published on its
website or otherwise made available upon request from time to time.
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Creative Commons Legal Code
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE
LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN
ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS
INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES
REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR
DAMAGES RESULTING FROM ITS USE.
License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE
TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE
RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS
AND CONDITIONS.
1. Definitions
a. "Collective Work" means a work, such as a periodical issue, anthology
or encyclopedia, in which the Work in its entirety in unmodified form,
along with a number of other contributions, constituting separate and
independent works in themselves, are assembled into a collective
whole. A work that constitutes a Collective Work will not be
considered a Derivative Work (as defined below) for the purposes of
this License.
b. "Derivative Work" means a work based upon the Work or upon the Work
and other pre-existing works, such as a translation, musical
arrangement, dramatization, fictionalization, motion picture version,
sound recording, art reproduction, abridgment, condensation, or any
other form in which the Work may be recast, transformed, or adapted,
except that a work that constitutes a Collective Work will not be
considered a Derivative Work for the purpose of this License. For the
avoidance of doubt, where the Work is a musical composition or sound
recording, the synchronization of the Work in timed-relation with a
moving image ("synching") will be considered a Derivative Work for the
purpose of this License.
c. "Licensor" means the individual or entity that offers the Work under
the terms of this License.
d. "Original Author" means the individual or entity who created the Work.
e. "Work" means the copyrightable work of authorship offered under the
terms of this License.
f. "You" means an individual or entity exercising rights under this
License who has not previously violated the terms of this License with
respect to the Work, or who has received express permission from the
Licensor to exercise rights under this License despite a previous
violation.
g. "License Elements" means the following high-level license attributes
as selected by Licensor and indicated in the title of this License:
Attribution, ShareAlike.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
or restrict any rights arising from fair use, first sale or other
limitations on the exclusive rights of the copyright owner under copyright
law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License,
Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
perpetual (for the duration of the applicable copyright) license to
exercise the rights in the Work as stated below:
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ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Termination
a. This License and the rights granted hereunder will terminate
automatically upon any breach by You of the terms of this License.
Individuals or entities who have received Derivative Works or
Collective Works from You under this License, however, will not have
their licenses terminated provided such individuals or entities remain
in full compliance with those licenses. Sections 1, 2, 4, 5, 6, and 7
will survive any termination of this License.
b. Subject to the above terms and conditions, the license granted here is
perpetual (for the duration of the applicable copyright in the Work).
Notwithstanding the above, Licensor reserves the right to release the
Work under different license terms or to stop distributing the Work at
any time; provided, however that any such election will not serve to
withdraw this License (or any other license that has been granted
under the terms of this License), and this License will continue in
full force and effect unless terminated as stated above.
7. Miscellaneous
a. Each time You distribute or publicly digitally perform the Work or a
Collective Work, the Licensor offers to the recipient a license to the
Work on the same terms and conditions as the license granted to You
under this License.
b. Each time You distribute or publicly digitally perform a Derivative
Work, Licensor offers to the recipient a license to the original Work
on the same terms and conditions as the license granted to You under
this License.
c. If any provision of this License is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this License, and without further action
by the parties to this agreement, such provision shall be reformed to
the minimum extent necessary to make such provision valid and
enforceable.
d. No term or provision of this License shall be deemed waived and no
breach consented to unless such waiver or consent shall be in writing
and signed by the party to be charged with such waiver or consent.
e. This License constitutes the entire agreement between the parties with
respect to the Work licensed here. There are no understandings,
agreements, or representations with respect to the Work, and with
respect to the subject matter hereof, not specified above. Licensor
shall not be bound by any additional provisions that may appear in any
communication from You. This License may not be modified without the
mutual written agreement of the Licensor and You.

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COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.1
1. Definitions.
1.1. "Contributor" means each individual or entity that creates or
contributes to the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original
Software, prior Modifications used by a Contributor (if any), and
the Modifications made by that particular Contributor.
1.3. "Covered Software" means (a) the Original Software, or (b)
Modifications, or (c) the combination of files containing Original
Software with files containing Modifications, in each case including
portions thereof.
1.4. "Executable" means the Covered Software in any form other than
Source Code.
1.5. "Initial Developer" means the individual or entity that first
makes Original Software available under this License.
1.6. "Larger Work" means a work which combines Covered Software or
portions thereof with code not governed by the terms of this License.
1.7. "License" means this document.
1.8. "Licensable" means having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or
subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications" means the Source Code and Executable form of
any of the following:
A. Any file that results from an addition to, deletion from or
modification of the contents of a file containing Original Software
or previous Modifications;
B. Any new file that contains any part of the Original Software or
previous Modification; or
C. Any new file that is contributed or otherwise made available
under the terms of this License.
1.10. "Original Software" means the Source Code and Executable form
of computer software code that is originally released under this
License.
1.11. "Patent Claims" means any patent claim(s), now owned or
hereafter acquired, including without limitation, method, process,
and apparatus claims, in any patent Licensable by grantor.
1.12. "Source Code" means (a) the common form of computer software
code in which modifications are made and (b) associated
documentation included in or with such code.
1.13. "You" (or "Your") means an individual or a legal entity
exercising rights under, and complying with all of the terms of,
this License. For legal entities, "You" includes any entity which
controls, is controlled by, or is under common control with You. For
purposes of this definition, "control" means (a) the power, direct
or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (b) ownership of more than
fifty percent (50%) of the outstanding shares or beneficial
ownership of such entity.
2. License Grants.
2.1. The Initial Developer Grant.
Conditioned upon Your compliance with Section 3.1 below and subject
to third party intellectual property claims, the Initial Developer
hereby grants You a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or
trademark) Licensable by Initial Developer, to use, reproduce,
modify, display, perform, sublicense and distribute the Original
Software (or portions thereof), with or without Modifications,
and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using or selling of
Original Software, to make, have made, use, practice, sell, and
offer for sale, and/or otherwise dispose of the Original Software
(or portions thereof).
(c) The licenses granted in Sections 2.1(a) and (b) are effective on
the date Initial Developer first distributes or otherwise makes the
Original Software available to a third party under the terms of this
License.
(d) Notwithstanding Section 2.1(b) above, no patent license is
granted: (1) for code that You delete from the Original Software, or
(2) for infringements caused by: (i) the modification of the
Original Software, or (ii) the combination of the Original Software
with other software or devices.
2.2. Contributor Grant.
Conditioned upon Your compliance with Section 3.1 below and subject
to third party intellectual property claims, each Contributor hereby
grants You a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or
trademark) Licensable by Contributor to use, reproduce, modify,
display, perform, sublicense and distribute the Modifications
created by such Contributor (or portions thereof), either on an
unmodified basis, with other Modifications, as Covered Software
and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling
of Modifications made by that Contributor either alone and/or in
combination with its Contributor Version (or portions of such
combination), to make, use, sell, offer for sale, have made, and/or
otherwise dispose of: (1) Modifications made by that Contributor (or
portions thereof); and (2) the combination of Modifications made by
that Contributor with its Contributor Version (or portions of such
combination).
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective
on the date Contributor first distributes or otherwise makes the
Modifications available to a third party.
(d) Notwithstanding Section 2.2(b) above, no patent license is
granted: (1) for any code that Contributor has deleted from the
Contributor Version; (2) for infringements caused by: (i) third
party modifications of Contributor Version, or (ii) the combination
of Modifications made by that Contributor with other software
(except as part of the Contributor Version) or other devices; or (3)
under Patent Claims infringed by Covered Software in the absence of
Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Availability of Source Code.
Any Covered Software that You distribute or otherwise make available
in Executable form must also be made available in Source Code form
and that Source Code form must be distributed only under the terms
of this License. You must include a copy of this License with every
copy of the Source Code form of the Covered Software You distribute
or otherwise make available. You must inform recipients of any such
Covered Software in Executable form as to how they can obtain such
Covered Software in Source Code form in a reasonable manner on or
through a medium customarily used for software exchange.
3.2. Modifications.
The Modifications that You create or to which You contribute are
governed by the terms of this License. You represent that You
believe Your Modifications are Your original creation(s) and/or You
have sufficient rights to grant the rights conveyed by this License.
3.3. Required Notices.
You must include a notice in each of Your Modifications that
identifies You as the Contributor of the Modification. You may not
remove or alter any copyright, patent or trademark notices contained
within the Covered Software, or any notices of licensing or any
descriptive text giving attribution to any Contributor or the
Initial Developer.
3.4. Application of Additional Terms.
You may not offer or impose any terms on any Covered Software in
Source Code form that alters or restricts the applicable version of
this License or the recipients' rights hereunder. You may choose to
offer, and to charge a fee for, warranty, support, indemnity or
liability obligations to one or more recipients of Covered Software.
However, you may do so only on Your own behalf, and not on behalf of
the Initial Developer or any Contributor. You must make it
absolutely clear that any such warranty, support, indemnity or
liability obligation is offered by You alone, and You hereby agree
to indemnify the Initial Developer and every Contributor for any
liability incurred by the Initial Developer or such Contributor as a
result of warranty, support, indemnity or liability terms You offer.
3.5. Distribution of Executable Versions.
You may distribute the Executable form of the Covered Software under
the terms of this License or under the terms of a license of Your
choice, which may contain terms different from this License,
provided that You are in compliance with the terms of this License
and that the license for the Executable form does not attempt to
limit or alter the recipient's rights in the Source Code form from
the rights set forth in this License. If You distribute the Covered
Software in Executable form under a different license, You must make
it absolutely clear that any terms which differ from this License
are offered by You alone, not by the Initial Developer or
Contributor. You hereby agree to indemnify the Initial Developer and
every Contributor for any liability incurred by the Initial
Developer or such Contributor as a result of any such terms You offer.
3.6. Larger Works.
You may create a Larger Work by combining Covered Software with
other code not governed by the terms of this License and distribute
the Larger Work as a single product. In such a case, You must make
sure the requirements of this License are fulfilled for the Covered
Software.
4. Versions of the License.
4.1. New Versions.
Oracle is the initial license steward and may publish revised and/or
new versions of this License from time to time. Each version will be
given a distinguishing version number. Except as provided in Section
4.3, no one other than the license steward has the right to modify
this License.
4.2. Effect of New Versions.
You may always continue to use, distribute or otherwise make the
Covered Software available under the terms of the version of the
License under which You originally received the Covered Software. If
the Initial Developer includes a notice in the Original Software
prohibiting it from being distributed or otherwise made available
under any subsequent version of the License, You must distribute and
make the Covered Software available under the terms of the version
of the License under which You originally received the Covered
Software. Otherwise, You may also choose to use, distribute or
otherwise make the Covered Software available under the terms of any
subsequent version of the License published by the license steward.
4.3. Modified Versions.
When You are an Initial Developer and You want to create a new
license for Your Original Software, You may create and use a
modified version of this License if You: (a) rename the license and
remove any references to the name of the license steward (except to
note that the license differs from this License); and (b) otherwise
make it clear that the license contains terms which differ from this
License.
5. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE
IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE
DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY
OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS
AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
6. TERMINATION.
6.1. This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to
cure such breach within 30 days of becoming aware of the breach.
Provisions which, by their nature, must remain in effect beyond the
termination of this License shall survive.
6.2. If You assert a patent infringement claim (excluding
declaratory judgment actions) against Initial Developer or a
Contributor (the Initial Developer or Contributor against whom You
assert such claim is referred to as "Participant") alleging that the
Participant Software (meaning the Contributor Version where the
Participant is a Contributor or the Original Software where the
Participant is the Initial Developer) directly or indirectly
infringes any patent, then any and all rights granted directly or
indirectly to You by such Participant, the Initial Developer (if the
Initial Developer is not the Participant) and all Contributors under
Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice
from Participant terminate prospectively and automatically at the
expiration of such 60 day notice period, unless if within such 60
day period You withdraw Your claim with respect to the Participant
Software against such Participant either unilaterally or pursuant to
a written agreement with Participant.
6.3. If You assert a patent infringement claim against Participant
alleging that the Participant Software directly or indirectly
infringes any patent where such claim is resolved (such as by
license or settlement) prior to the initiation of patent
infringement litigation, then the reasonable value of the licenses
granted by such Participant under Sections 2.1 or 2.2 shall be taken
into account in determining the amount or value of any payment or
license.
6.4. In the event of termination under Sections 6.1 or 6.2 above,
all end user licenses that have been validly granted by You or any
distributor hereunder prior to termination (excluding licenses
granted to You by any distributor) shall survive termination.
7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE
TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT
APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION
AND LIMITATION MAY NOT APPLY TO YOU.
8. U.S. GOVERNMENT END USERS.
The Covered Software is a "commercial item," as that term is defined
in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
software" (as that term is defined at 48 C.F.R. §
252.227-7014(a)(1)) and "commercial computer software documentation"
as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent
with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
(June 1995), all U.S. Government End Users acquire Covered Software
with only those rights set forth herein. This U.S. Government Rights
clause is in lieu of, and supersedes, any other FAR, DFAR, or other
clause or provision that addresses Government rights in computer
software under this License.
9. MISCELLANEOUS.
This License represents the complete agreement concerning subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. This License shall be governed by
the law of the jurisdiction specified in a notice contained within
the Original Software (except to the extent applicable law, if any,
provides otherwise), excluding such jurisdiction's conflict-of-law
provisions. Any litigation relating to this License shall be subject
to the jurisdiction of the courts located in the jurisdiction and
venue specified in a notice contained within the Original Software,
with the losing party responsible for costs, including, without
limitation, court costs and reasonable attorneys' fees and expenses.
The application of the United Nations Convention on Contracts for
the International Sale of Goods is expressly excluded. Any law or
regulation which provides that the language of a contract shall be
construed against the drafter shall not apply to this License. You
agree that You alone are responsible for compliance with the United
States export administration regulations (and the export control
laws and regulation of any other countries) when You use, distribute
or otherwise make available any Covered Software.
10. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is
responsible for claims and damages arising, directly or indirectly,
out of its utilization of rights under this License and You agree to
work with Initial Developer and Contributors to distribute such
responsibility on an equitable basis. Nothing herein is intended or
shall be deemed to constitute any admission of liability.
------------------------------------------------------------------------
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION
LICENSE (CDDL)
The code released under the CDDL shall be governed by the laws of the
State of California (excluding conflict-of-law provisions). Any
litigation relating to this License shall be subject to the jurisdiction
of the Federal Courts of the Northern District of California and the
state courts of the State of California, with venue lying in Santa Clara
County, California.

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Copyright 2002
National Space Science Data Center
NASA/Goddard Space Flight Center
This software may be copied or redistributed as long as it is not sold
for profit, but it can be incorporated into any other substantive
product with or without modifications for profit or non-profit. If the
software is modified, it must include the following notices:
- The software is not the original (for protectiion of the original
author's reputations from any problems introduced by others)
- Change history (e.g. date, functionality, etc.)
This copyright notice must be reproduced on each copy made. This software is
provided as is without any express or implied warranties whatsoever.

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Community Data License Agreement - Permissive - Version 2.0
This is the Community Data License Agreement - Permissive, Version 2.0
(the "agreement"). Data Provider(s) and Data Recipient(s) agree as
follows:
1. Provision of the Data
1.1. A Data Recipient may use, modify, and share the Data made available
by Data Provider(s) under this agreement if that Data Recipient follows
the terms of this agreement.
1.2. This agreement does not impose any restriction on a Data
Recipient's use, modification, or sharing of any portions of the Data
that are in the public domain or that may be used, modified, or shared
under any other legal exception or limitation.
2. Conditions for Sharing Data
2.1. A Data Recipient may share Data, with or without modifications, so
long as the Data Recipient makes available the text of this agreement
with the shared Data.
3. No Restrictions on Results
3.1. This agreement does not impose any restriction or obligations with
respect to the use, modification, or sharing of Results.
4. No Warranty; Limitation of Liability
4.1. All Data Recipients receive the Data subject to the following
terms:
THE DATA IS PROVIDED ON AN "AS IS" BASIS, WITHOUT REPRESENTATIONS,
WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED
INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NO DATA PROVIDER SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE DATA OR RESULTS,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Definitions
5.1. "Data" means the material received by a Data Recipient under this
agreement.
5.2. "Data Provider" means any person who is the source of Data provided
under this agreement and in reliance on a Data Recipient's agreement to
its terms.
5.3. "Data Recipient" means any person who receives Data directly or
indirectly from a Data Provider and agrees to the terms of this
agreement.
5.4. "Results" means any outcome obtained by computational analysis of
Data, including for example machine learning models and models'
insights.

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CNRI OPEN SOURCE LICENSE AGREEMENT
----------------------------------
Python 1.6 CNRI OPEN SOURCE LICENSE AGREEMENT
IMPORTANT: PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. BY CLICKING
ON "ACCEPT" WHERE INDICATED BELOW, OR BY COPYING, INSTALLING OR
OTHERWISE USING PYTHON 1.6 SOFTWARE, YOU ARE DEEMED TO HAVE AGREED TO
THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
1. This LICENSE AGREEMENT is between the Corporation for National
Research Initiatives, having an office at 1895 Preston White Drive,
Reston, VA 20191 ("CNRI"), and the Individual or Organization
("Licensee") accessing and otherwise using Python 1.6 software in
source or binary form and its associated documentation, as released at
the www.python.org Internet site on September 5, 2000 ("Python 1.6").
2. Subject to the terms and conditions of this License Agreement, CNRI
hereby grants Licensee a nonexclusive, royalty-free, world-wide
license to reproduce, analyze, test, perform and/or display publicly,
prepare derivative works, distribute, and otherwise use Python 1.6
alone or in any derivative version, provided, however, that CNRI's
License Agreement and CNRI's notice of copyright, i.e., "Copyright (c)
1995-2000 Corporation for National Research Initiatives; All Rights
Reserved" are retained in Python 1.6 alone or in any derivative
version prepared by
Licensee. Alternately, in lieu of CNRI's License Agreement, Licensee
may substitute the following text (omitting the quotes): "Python 1.6
is made available subject to the terms and conditions in CNRI's
License Agreement. This Agreement together with Python 1.6 may be
located on the Internet using the following unique, persistent
identifier (known as a handle): 1895.22/1012. This Agreement may also
be obtained from a proxy server on the Internet using the following
URL: http://hdl.handle.net/1895.22/1012".
3. In the event Licensee prepares a derivative work that is based on
or incorporates Python 1.6 or any part thereof, and wants to make the
derivative work available to others as provided herein, then Licensee
hereby agrees to include in any such work a brief summary of the
changes made to Python 1.6.
4. CNRI is making Python 1.6 available to Licensee on an "AS IS"
basis. CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND
DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON 1.6 WILL NOT
INFRINGE ANY THIRD PARTY RIGHTS.
5. CNRI SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON
1.6 FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A
RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON 1.6, OR
ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
6. This License Agreement will automatically terminate upon a material
breach of its terms and conditions.
7. This License Agreement shall be governed by and interpreted in all
respects by the law of the State of Virginia, excluding conflict of
law provisions. Nothing in this License Agreement shall be deemed to
create any relationship of agency, partnership, or joint venture
between CNRI and Licensee. This License Agreement does not grant
permission to use CNRI trademarks or trade name in a trademark sense
to endorse or promote products or services of Licensee, or any third
party.
8. By clicking on the "ACCEPT" button where indicated, or by copying,
installing or otherwise using Python 1.6, Licensee agrees to be bound
by the terms and conditions of this License Agreement.
ACCEPT
CWI PERMISSIONS STATEMENT AND DISCLAIMER
----------------------------------------
Copyright (c) 1991 - 1995, Stichting Mathematisch Centrum Amsterdam,
The Netherlands. All rights reserved.
Permission to use, copy, modify, and distribute this software and its
documentation for any purpose and without fee is hereby granted,
provided that the above copyright notice appear in all copies and that
both that copyright notice and this permission notice appear in
supporting documentation, and that the name of Stichting Mathematisch
Centrum or CWI not be used in advertising or publicity pertaining to
distribution of the software without specific, written prior
permission.
STICHTING MATHEMATISCH CENTRUM DISCLAIMS ALL WARRANTIES WITH REGARD TO
THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS, IN NO EVENT SHALL STICHTING MATHEMATISCH CENTRUM BE LIABLE
FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

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Common Public Attribution License Version 1.0 (CPAL)
1. "Definitions"
1.0.1 "Commercial Use" means distribution or otherwise making the Covered Code
available to a third party.
1.1 "Contributor" means each entity that creates or contributes to the creation
of Modifications.
1.2 "Contributor Version" means the combination of the Original Code, prior
Modifications used by a Contributor, and the Modifications made by that
particular Contributor.
1.3 "Covered Code" means the Original Code or Modifications or the combination
of the Original Code and Modifications, in each case including portions thereof.
1.4 "Electronic Distribution Mechanism" means a mechanism generally accepted in
the software development community for the electronic transfer of data.
1.5 "Executable" means Covered Code in any form other than Source Code.
1.6 "Initial Developer" means the individual or entity identified as the
Initial Developer in the Source Code notice required by Exhibit A.
1.7 "Larger Work" means a work which combines Covered Code or portions thereof
with code not governed by the terms of this License.
1.8 "License" means this document.
1.8.1 "Licensable" means having the right to grant, to the maximum extent
possible, whether at the time of the initial grant or subsequently acquired,
any and all of the rights conveyed herein.
1.9 "Modifications" means any addition to or deletion from the substance or
structure of either the Original Code or any previous Modifications. When
Covered Code is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original
Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous
Modifications.
1.10 "Original Code" means Source Code of computer software code which is
described in the Source Code notice required by Exhibit A as Original Code, and
which, at the time of its release under this License is not already Covered
Code governed by this License.
1.10.1 "Patent Claims" means any patent claim(s), now owned or hereafter
acquired, including without limitation, method, process, and apparatus claims,
in any patent Licensable by grantor.
1.11 "Source Code" means the preferred form of the Covered Code for making
modifications to it, including all modules it contains, plus any associated
interface definition files, scripts used to control compilation and
installation of an Executable, or source code differential comparisons against
either the Original Code or another well known, available Covered Code of the
Contributor’s choice. The Source Code can be in a compressed or archival
form, provided the appropriate decompression or de-archiving software is widely
available for no charge.
1.12 "You" (or "Your") means an individual or a legal entity exercising rights
under, and complying with all of the terms of, this License or a future version
of this License issued under Section 6.1. For legal entities, "You" includes
any entity which controls, is controlled by, or is under common control with
You. For purposes of this definition, "control" means (a) the power, direct or
indirect, to cause the direction or management of such entity, whether by
contract or otherwise, or (b) ownership of more than fifty percent (50%) of the
outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1 The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property claims:
(a) under intellectual property rights (other than patent or trademark)
Licensable by Initial Developer to use, reproduce, modify, display, perform,
sublicense and distribute the Original Code (or portions thereof) with or
without Modifications, and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling of Original
Code, to make, have made, use, practice, sell, and offer for sale, and/or
otherwise dispose of the Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the
date Initial Developer first distributes Original Code under the terms of this
License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for
code that You delete from the Original Code; 2) separate from the Original
Code; or 3) for infringements caused by: i) the modification of the Original
Code or ii) the combination of the Original Code with other software or devices.
2.2 Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby
grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or trademark)
Licensable by Contributor, to use, reproduce, modify, display, perform,
sublicense and distribute the Modifications created by such Contributor (or
portions thereof) either on an unmodified basis, with other Modifications, as
Covered Code and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of
Modifications made by that Contributor either alone and/or in combination with
its Contributor Version (or portions of such combination), to make, use, sell,
offer for sale, have made, and/or otherwise dispose of: 1) Modifications made
by that Contributor (or portions thereof); and 2) the combination of
Modifications made by that Contributor with its Contributor Version (or
portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
date Contributor first makes Commercial Use of the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for
any code that Contributor has deleted from the Contributor Version; 2) separate
from the Contributor Version; 3) for infringements caused by: i) third party
modifications of Contributor Version or ii) the combination of Modifications
made by that Contributor with other software (except as part of the Contributor
Version) or other devices; or 4) under Patent Claims infringed by Covered Code
in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1 Application of License.
The Modifications which You create or to which You contribute are governed by
the terms of this License, including without limitation Section 2.2. The Source
Code version of Covered Code may be distributed only under the terms of this
License or a future version of this License released under Section 6.1, and You
must include a copy of this License with every copy of the Source Code You
distribute. You may not offer or impose any terms on any Source Code version
that alters or restricts the applicable version of this License or the
recipients’ rights hereunder. However, You may include an additional document
offering the additional rights described in Section 3.5.
3.2 Availability of Source Code.
Any Modification which You create or to which You contribute must be made
available in Source Code form under the terms of this License either on the
same media as an Executable version or via an accepted Electronic Distribution
Mechanism to anyone to whom you made an Executable version available; and if
made available via Electronic Distribution Mechanism, must remain available for
at least twelve (12) months after the date it initially became available, or at
least six (6) months after a subsequent version of that particular Modification
has been made available to such recipients. You are responsible for ensuring
that the Source Code version remains available even if the Electronic
Distribution Mechanism is maintained by a third party.
3.3 Description of Modifications.
You must cause all Covered Code to which You contribute to contain a file
documenting the changes You made to create that Covered Code and the date of
any change. You must include a prominent statement that the Modification is
derived, directly or indirectly, from Original Code provided by the Initial
Developer and including the name of the Initial Developer in (a) the Source
Code, and (b) in any notice in an Executable version or related documentation
in which You describe the origin or ownership of the Covered Code.
3.4 Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party’s
intellectual property rights is required to exercise the rights granted by such
Contributor under Sections 2.1 or 2.2, Contributor must include a text file
with the Source Code distribution titled "LEGAL" which describes the claim and
the party making the claim in sufficient detail that a recipient will know whom
to contact. If Contributor obtains such knowledge after the Modification is
made available as described in Section 3.2, Contributor shall promptly modify
the LEGAL file in all copies Contributor makes available thereafter and shall
take other steps (such as notifying appropriate mailing lists or newsgroups)
reasonably calculated to inform those who received the Covered Code that new
knowledge has been obtained.
(b) Contributor APIs.
If Contributor’s Modifications include an application programming interface
and Contributor has knowledge of patent licenses which are reasonably necessary
to implement that API, Contributor must also include this information in the
LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to Section 3.4(a)
above, Contributor believes that Contributor’s Modifications are
Contributor’s original creation(s) and/or Contributor has sufficient rights
to grant the rights conveyed by this License.
3.5 Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code. If
it is not possible to put such notice in a particular Source Code file due to
its structure, then You must include such notice in a location (such as a
relevant directory) where a user would be likely to look for such a notice. If
You created one or more Modification(s) You may add your name as a Contributor
to the notice described in Exhibit A. You must also duplicate this License in
any documentation for the Source Code where You describe recipients’ rights
or ownership rights relating to Covered Code. You may choose to offer, and to
charge a fee for, warranty, support, indemnity or liability obligations to one
or more recipients of Covered Code. However, You may do so only on Your own
behalf, and not on behalf of the Initial Developer or any Contributor. You must
make it absolutely clear than any such warranty, support, indemnity or
liability obligation is offered by You alone, and You hereby agree to indemnify
the Initial Developer and every Contributor for any liability incurred by the
Initial Developer or such Contributor as a result of warranty, support,
indemnity or liability terms You offer.
3.6 Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of
Section 3.1-3.5 have been met for that Covered Code, and if You include a
notice stating that the Source Code version of the Covered Code is available
under the terms of this License, including a description of how and where You
have fulfilled the obligations of Section 3.2. The notice must be conspicuously
included in any notice in an Executable version, related documentation or
collateral in which You describe recipients’ rights relating to the Covered
Code. You may distribute the Executable version of Covered Code or ownership
rights under a license of Your choice, which may contain terms different from
this License, provided that You are in compliance with the terms of this
License and that the license for the Executable version does not attempt to
limit or alter the recipient’s rights in the Source Code version from the
rights set forth in this License. If You distribute the Executable version
under a different license You must make it absolutely clear that any terms
which differ from this License are offered by You alone, not by the Initial
Developer, Original Developer or any Contributor. You hereby agree to indemnify
the Initial Developer, Original Developer and every Contributor for any
liability incurred by the Initial Developer, Original Developer or such
Contributor as a result of any such terms You offer.
3.7 Larger Works.
You may create a Larger Work by combining Covered Code with other code not
governed by the terms of this License and distribute the Larger Work as a
single product. In such a case, You must make sure the requirements of this
License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License
with respect to some or all of the Covered Code due to statute, judicial order,
or regulation then You must: (a) comply with the terms of this License to the
maximum extent possible; and (b) describe the limitations and the code they
affect. Such description must be included in the LEGAL file described in
Section 3.4 and must be included with all distributions of the Source Code.
Except to the extent prohibited by statute or regulation, such description must
be sufficiently detailed for a recipient of ordinary skill to be able to
understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the
notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1 New Versions.
Socialtext, Inc. ("Socialtext") may publish revised and/or new versions of the
License from time to time. Each version will be given a distinguishing version
number.
6.2 Effect of New Versions.
Once Covered Code has been published under a particular version of the License,
You may always continue to use it under the terms of that version. You may also
choose to use such Covered Code under the terms of any subsequent version of
the License published by Socialtext. No one other than Socialtext has the right
to modify the terms applicable to Covered Code created under this License.
6.3 Derivative Works.
If You create or use a modified version of this License (which you may only do
in order to apply it to code which is not already Covered Code governed by this
License), You must (a) rename Your license so that the phrases "Socialtext",
"CPAL" or any confusingly similar phrase do not appear in your license (except
to note that your license differs from this License) and (b) otherwise make it
clear that Your version of the license contains terms which differ from the
CPAL. (Filling in the name of the Initial Developer, Original Developer,
Original Code or Contributor in the notice described in Exhibit A shall not of
themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE,
FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED
CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER, ORIGINAL
DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT
UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1 This License and the rights granted hereunder will terminate automatically
if You fail to comply with terms herein and fail to cure such breach within 30
days of becoming aware of the breach. All sublicenses to the Covered Code which
are properly granted shall survive any termination of this License. Provisions
which, by their nature, must remain in effect beyond the termination of this
License shall survive.
8.2 If You initiate litigation by asserting a patent infringement claim
(excluding declatory judgment actions) against Initial Developer, Original
Developer or a Contributor (the Initial Developer, Original Developer or
Contributor against whom You file such action is referred to as "Participant")
alleging that:
(a) such Participant’s Contributor Version directly or indirectly infringes
any patent, then any and all rights granted by such Participant to You under
Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from
Participant terminate prospectively, unless if within 60 days after receipt of
notice You either: (i) agree in writing to pay Participant a mutually agreeable
reasonable royalty for Your past and future use of Modifications made by such
Participant, or (ii) withdraw Your litigation claim with respect to the
Contributor Version against such Participant. If within 60 days of notice, a
reasonable royalty and payment arrangement are not mutually agreed upon in
writing by the parties or the litigation claim is not withdrawn, the rights
granted by Participant to You under Sections 2.1 and/or 2.2 automatically
terminate at the expiration of the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant’s
Contributor Version, directly or indirectly infringes any patent, then any
rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are
revoked effective as of the date You first made, used, sold, distributed, or
had made, Modifications made by that Participant.
8.3 If You assert a patent infringement claim against Participant alleging that
such Participant’s Contributor Version directly or indirectly infringes any
patent where such claim is resolved (such as by license or settlement) prior to
the initiation of patent infringement litigation, then the reasonable value of
the licenses granted by such Participant under Sections 2.1 or 2.2 shall be
taken into account in determining the amount or value of any payment or license.
8.4 In the event of termination under Sections 8.1 or 8.2 above, all end user
license agreements (excluding distributors and resellers) which have been
validly granted by You or any distributor hereunder prior to termination shall
survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ORIGINAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY
SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that term is defined in 48 C.F.R.
2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial
computer software documentation," as such terms are used in 48 C.F.R. 12.212
(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with
only those rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter
hereof. If any provision of this License is held to be unenforceable, such
provision shall be reformed only to the extent necessary to make it
enforceable. This License shall be governed by California law provisions
(except to the extent applicable law, if any, provides otherwise), excluding
its conflict-of-law provisions. With respect to disputes in which at least one
party is a citizen of, or an entity chartered or registered to do business in
the United States of America, any litigation relating to this License shall be
subject to the jurisdiction of the Federal Courts of the Northern District of
California, with venue lying in Santa Clara County, California, with the losing
party responsible for costs, including without limitation, court costs and
reasonable attorneys’ fees and expenses. The application of the United
Nations Convention on Contracts for the International Sale of Goods is
expressly excluded. Any law or regulation which provides that the language of a
contract shall be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer, Original Developer and the Contributors, each
party is responsible for claims and damages arising, directly or indirectly,
out of its utilization of rights under this License and You agree to work with
Initial Developer, Original Developer and Contributors to distribute such
responsibility on an equitable basis. Nothing herein is intended or shall be
deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as
Multiple-Licensed. Multiple-Licensed means that the Initial Developer permits
you to utilize portions of the Covered Code under Your choice of the CPAL or
the alternative licenses, if any, specified by the Initial Developer in the
file described in Exhibit A.
14. ADDITIONAL TERM: ATTRIBUTION
(a) As a modest attribution to the organizer of the development of the Original
Code ("Original Developer"), in the hope that its promotional value may help
justify the time, money and effort invested in writing the Original Code, the
Original Developer may include in Exhibit B ("Attribution Information") a
requirement that each time an Executable and Source Code or a Larger Work is
launched or initially run (which includes initiating a session), a prominent
display of the Original Developer’s Attribution Information (as defined
below) must occur on the graphic user interface employed by the end user to
access such Covered Code (which may include display on a splash screen), if
any. The size of the graphic image should be consistent with the size of the
other elements of the Attribution Information. If the access by the end user to
the Executable and Source Code does not create a graphic user interface for
access to the Covered Code, this obligation shall not apply. If the Original
Code displays such Attribution Information in a particular form (such as in the
form of a splash screen, notice at login, an "about" display, or dedicated
attribution area on user interface screens), continued use of such form for
that Attribution Information is one way of meeting this requirement for notice.
(b) Attribution information may only include a copyright notice, a brief
phrase, graphic image and a URL ("Attribution Information") and is subject to
the Attribution Limits as defined below. For these purposes, prominent shall
mean display for sufficient duration to give reasonable notice to the user of
the identity of the Original Developer and that if You include Attribution
Information or similar information for other parties, You must ensure that the
Attribution Information for the Original Developer shall be no less prominent
than such Attribution Information or similar information for the other party.
For greater certainty, the Original Developer may choose to specify in Exhibit
B below that the above attribution requirement only applies to an Executable
and Source Code resulting from the Original Code or any Modification, but not a
Larger Work. The intent is to provide for reasonably modest attribution,
therefore the Original Developer cannot require that You display, at any time,
more than the following information as Attribution Information: (a) a copyright
notice including the name of the Original Developer; (b) a word or one phrase
(not exceeding 10 words); (c) one graphic image provided by the Original
Developer; and (d) a URL (collectively, the "Attribution Limits").
(c) If Exhibit B does not include any Attribution Information, then there are
no requirements for You to display any Attribution Information of the Original
Developer.
(d) You acknowledge that all trademarks, service marks and/or trade names
contained within the Attribution Information distributed with the Covered Code
are the exclusive property of their owners and may only be used with the
permission of their owners, or under circumstances otherwise permitted by law
or as expressly set out in this License.
15. ADDITIONAL TERM: NETWORK USE.
The term "External Deployment" means the use, distribution, or communication of
the Original Code or Modifications in any way such that the Original Code or
Modifications may be used by anyone other than You, whether those works are
distributed or communicated to those persons or made available as an
application intended for use over a network. As an express condition for the
grants of license hereunder, You must treat any External Deployment by You of
the Original Code or Modifications as a distribution under section 3.1 and make
Source Code available under Section 3.2.
EXHIBIT A. Common Public Attribution License Version 1.0.
"The contents of this file are subject to the Common Public Attribution License
Version 1.0 (the "License"); you may not use this file except in compliance
with the License. You may obtain a copy of the License at _____________. The
License is based on the Mozilla Public License Version 1.1 but Sections 14 and
15 have been added to cover use of software over a computer network and provide
for limited attribution for the Original Developer. In addition, Exhibit A has
been modified to be consistent with Exhibit B.
Software distributed under the License is distributed on an "AS IS" basis,
WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
the specific language governing rights and limitations under the License.
The Original Code is______________________.
The Original Developer is not the Initial Developer and is __________. If left
blank, the Original Developer is the Initial Developer.
The Initial Developer of the Original Code is ____________. All portions of the
code written by ___________ are Copyright (c) _____. All Rights Reserved.
Contributor ______________________.
Alternatively, the contents of this file may be used under the terms of the
_____ license (the [___] License), in which case the provisions of [______]
License are applicable instead of those above.
If you wish to allow use of your version of this file only under the terms of
the [____] License and not to allow others to use your version of this file
under the CPAL, indicate your decision by deleting the provisions above and
replace them with the notice and other provisions required by the [___]
License. If you do not delete the provisions above, a recipient may use your
version of this file under either the CPAL or the [___] License."
[NOTE: The text of this Exhibit A may differ slightly from the text of the
notices in the Source Code files of the Original Code. You should use the text
of this Exhibit A rather than the text found in the Original Code Source Code
for Your Modifications.]
EXHIBIT B. Attribution Information
Attribution Copyright Notice: _______________________
Attribution Phrase (not exceeding 10 words): _______________________
Attribution URL: _______________________
Graphic Image as provided in the Covered Code, if any.
Display of Attribution Information is [required/not required] in Larger Works
which are defined in the CPAL as a work which combines Covered Code or portions
thereof with code not governed by the terms of the CPAL.

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Common Public License Version 0.5
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON
PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF
THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
a) in the case of the initial Contributor, the initial code and
documentation distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from
and are distributed by that particular Contributor. A Contribution
'originates' from a Contributor if it was added to the Program by
such Contributor itself or anyone acting on such Contributor's
behalf. Contributions do not include additions to the Program
which: (i) are separate modules of software distributed in
conjunction with the Program under their own license agreement, and
(ii) are not derivative works of the Program.
"Contributor" means any person or entity that distributes the Program.
"Licensed Patents " mean patent claims licensable by a Contributor
which are necessarily infringed by the use or sale of its Contribution
alone or when combined with the Program.
"Program" means the Contributions distributed in accordance with this
Agreement.
"Recipient" means anyone who receives the Program under this
Agreement, including all Contributors.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby
grants Recipient a non-exclusive, worldwide, royalty-free copyright
license to reproduce, prepare derivative works of, publicly
display, publicly perform, distribute and sublicense the
Contribution of such Contributor, if any, and such derivative
works, in source code and object code form.
b) Subject to the terms of this Agreement, each Contributor hereby
grants Recipient a non-exclusive, worldwide, royalty-free patent
license under Licensed Patents to make, use, sell, offer to sell,
import and otherwise transfer the Contribution of such Contributor,
if any, in source code and object code form. This patent license
shall apply to the combination of the Contribution and the Program
if, at the time the Contribution is added by the Contributor, such
addition of the Contribution causes such combination to be covered
by the Licensed Patents. The patent license shall not apply to any
other combinations which include the Contribution. No hardware per
se is licensed hereunder.
c) Recipient understands that although each Contributor grants the
licenses to its Contributions set forth herein, no assurances are
provided by any Contributor that the Program does not infringe the
patent or other intellectual property rights of any other entity.
Each Contributor disclaims any liability to Recipient for claims
brought by any other entity based on infringement of intellectual
property rights or otherwise. As a condition to exercising the
rights and licenses granted hereunder, each Recipient hereby
assumes sole responsibility to secure any other intellectual
property rights needed, if any. For example, if a third party
patent license is required to allow Recipient to distribute the
Program, it is Recipient's responsibility to acquire that license
before distributing the Program.
d) Each Contributor represents that to its knowledge it has
sufficient copyright rights in its Contribution, if any, to grant
the copyright license set forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form
under its own license agreement, provided that:
a) it complies with the terms and conditions of this Agreement; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all
warranties and conditions, express and implied, including
warranties or conditions of title and non-infringement, and implied
warranties or conditions of merchantability and fitness for a
particular purpose;
ii) effectively excludes on behalf of all Contributors all
liability for damages, including direct, indirect, special,
incidental and consequential damages, such as lost profits;
iii) states that any provisions which differ from this Agreement
are offered by that Contributor alone and not by any other party;
and
iv) states that source code for the Program is available from such
Contributor, and informs licensees how to obtain it in a reasonable
manner on or through a medium customarily used for software
exchange.
When the Program is made available in source code form:
a) it must be made available under this Agreement; and
b) a copy of this Agreement must be included with each copy of the
Program.
Contributors may not remove or alter any copyright notices contained
within the Program.
Each Contributor must identify itself as the originator of its
Contribution, if any, in a manner that reasonably allows subsequent
Recipients to identify the originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain
responsibilities with respect to end users, business partners and the
like. While this license is intended to facilitate the commercial use
of the Program, the Contributor who includes the Program in a
commercial product offering should do so in a manner which does not
create potential liability for other Contributors. Therefore, if a
Contributor includes the Program in a commercial product offering,
such Contributor ("Commercial Contributor") hereby agrees to defend
and indemnify every other Contributor ("Indemnified Contributor")
against any losses, damages and costs (collectively "Losses") arising
from claims, lawsuits and other legal actions brought by a third party
against the Indemnified Contributor to the extent caused by the acts
or omissions of such Commercial Contributor in connection with its
distribution of the Program in a commercial product offering. The
obligations in this section do not apply to any claims or Losses
relating to any actual or alleged intellectual property infringement.
In order to qualify, an Indemnified Contributor must: a) promptly
notify the Commercial Contributor in writing of such claim, and b)
allow the Commercial Contributor to control, and cooperate with the
Commercial Contributor in, the defense and any related settlement
negotiations. The Indemnified Contributor may participate in any such
claim at its own expense.
For example, a Contributor might include the Program in a commercial
product offering, Product X. That Contributor is then a Commercial
Contributor. If that Commercial Contributor then makes performance
claims, or offers warranties related to Product X, those performance
claims and warranties are such Commercial Contributor's responsibility
alone. Under this section, the Commercial Contributor would have to
defend claims against the other Contributors related to those
performance claims and warranties, and if a court requires any other
Contributor to pay any damages as a result, the Commercial Contributor
must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
responsible for determining the appropriateness of using and
distributing the Program and assumes all risks associated with its
exercise of rights under this Agreement, including but not limited to
the risks and costs of program errors, compliance with applicable
laws, damage to or loss of data, programs or equipment, and
unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this Agreement, and without further
action by the parties hereto, such provision shall be reformed to the
minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against a Contributor with
respect to a patent applicable to software (including a cross-claim or
counterclaim in a lawsuit), then any patent licenses granted by that
Contributor to such Recipient under this Agreement shall terminate as
of the date such litigation is filed. In addition, If Recipient
institutes patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Program
itself (excluding combinations of the Program with other software or
hardware) infringes such Recipient's patent(s), then such Recipient's
rights granted under Section 2(b) shall terminate as of the date such
litigation is filed.
All Recipient's rights under this Agreement shall terminate if it
fails to comply with any of the material terms or conditions of this
Agreement and does not cure such failure in a reasonable period of
time after becoming aware of such noncompliance. If all Recipient's
rights under this Agreement terminate, Recipient agrees to cease use
and distribution of the Program as soon as reasonably practicable.
However, Recipient's obligations under this Agreement and any licenses
granted by Recipient relating to the Program shall continue and
survive.
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Appendix A - Wine License
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END OF TERMS AND CONDITIONS
----------------< End of Formal License Grant >-----------------------
OKAY, WE WERE JUST KIDDING. THERE'S NOTHING IN HERE ABOUT CARWASHES. BUT YOU
REALLY SHOULD READ THESE THINGS, YOU KNOW. (It's the Green RAV4, if
you really insist).
For those of you that do really care about license agreements,
please feel free to email us at info@codeweavers.com; we are
always open to suggestions.

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@ -1,110 +0,0 @@
The Clearthought Software License, Version 2.0
Copyright (c) 2001 Daniel Barbalace. All rights reserved.
Project maintained at https://tablelayout.dev.java.net
I. Terms for redistribution of original source and binaries
Redistribution and use of unmodified source and/or binaries are
permitted provided that the following condition is met:
1. Redistributions of original source code must retain the above
copyright notice and license. You are not required to redistribute
the original source; you may choose to redistribute only the
binaries.
Basically, if you distribute unmodified source, you meet
automatically comply with the license with no additional effort on
your part.
II. Terms for distribution of derived works via subclassing and/or
composition.
You may generate derived works by means of subclassing and/or
composition (e.g., the Adaptor Pattern), provided that the following
conditions are met:
1. Redistributions of original source code must retain the above
copyright notice and license. You are not required to redistribute
the original source; you may choose to redistribute only the
binaries.
2. The original software is not altered.
3. Derived works are not contained in the info.clearthought
namespace/package or any subpackage of info.clearthought.
4. Derived works do not use the class or interface names from the
info.clearthought... packages
For example, you may define a class with the following full name:
org.nameOfMyOrganization.layouts.RowMajorTableLayout
However, you may not define a class with the either of the
following full names:
info.clearthought.layout.RowMajorTableLayout
org.nameOfMyOrganization.layouts.TableLayout
III. Terms for redistribution of source modified via patch files.
You may generate derived works by means of patch files provided
that the following conditions are met:
1. Redistributions of original source code must retain the above
copyright notice and license. You are not required to
redistribute the original source; you may choose to redistribute
only the binaries resulting from the patch files.
2. The original source files are not altered. All alteration is
done in patch files.
3. Derived works are not contained in the info.clearthought
namespace/package or any subpackage of info.clearthought. This
means that your patch files must change the namespace/package
for the derived work. See section II for examples.
4. Derived works do not use the class or interface names from the
info.clearthought... packages. This means your patch files
must change the names of the interfaces and classes they alter.
See section II for examples.
5. Derived works must include the following disclaimer.
"This work is derived from Clearthought's TableLayout,
https://tablelayout.dev.java.net, by means of patch files
rather than subclassing or composition. Therefore, this work
might not contain the latest fixes and features of TableLayout."
IV. Terms for repackaging, transcoding, and compiling of binaries.
You may do any of the following with the binaries of the
original software.
1. You may move binaries (.class files) from the original .jar file
to your own .jar file.
2. You may move binaries from the original .jar file to other
resource containing files, including but not limited to .zip,
.gz, .tar, .dll, .exe files.
3. You may backend compile the binaries to any platform, including
but not limited to Win32, Win64, MAC OS, Linux, Palm OS, any
handheld or embedded platform.
4. You may transcribe the binaries to other virtual machine byte
code protocols, including but not limited to .NET.
V. License Disclaimer.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE AUTHOR, AFFILATED BUSINESSES,
OR ANYONE ELSE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.

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AGREEMENT FOR THE SOFTWARE MODULES
PROPRIETARY TO CANON OR ITS LICENSOR
IMPORTANT
SOFTWARE LICENSE AGREEMENT
This is a legal agreement (the "Agreement") between you and Canon Inc.
("Canon") governing your use of Canon's or its licensors' software
modules listed in Appendix 1 attached hereto which are incorporated in
Canon's software program "Canon Bubble Jet Print Filter Ver.2.50 for
Linux", "Canon Inkjet Print Filter Ver.2.60 for Linux" and "IJ Printer
Driver Ver.2.70 for Linux (or later)" (the "Software").
READ CAREFULLY AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS
DESCRIBED IN THIS AGREEMENT BEFORE USING THE SOFTWARE.
BY USING THE SOFTWARE AS DESCRIBED IN SECTION 1 BELOW, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT
AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE
SOFTWARE AND PROMPTLY RETURN THE SAME TO THE PLACE WHERE YOU OBTAINED
IT.
1. GRANT OF LICENSE
Canon grants you a personal, limited and non-exclusive license to use
("use" as used herein shall mean storing, loading, installing,
accessing, executing or displaying), have used, copy, have copied,
distribute and permit third parties to use and copy the Software solely
for use with Canon's Inkjet printer products and Inkjet MFP products.
You may modify the Software only for your own use and reverse engineer
the same for debugging such modifications. You shall distribute the
Software to any third party under the same terms and conditions as
contained herein.
2. RESTRICTIONS
Except as expressly granted or permitted herein, you shall not use,
assign, sublicense, sell, rent, lease, loan, convey or transfer to any
third party the Software.
3. COPYRIGHT NOTICE
You shall not modify, remove or delete any copyright notice of Canon or
its licensors contained in the Software, including any copy thereof.
4. OWNERSHIP
Canon and its licensors retain in all respects the title, ownership and
intellectual property rights in and to the Software. Except as
expressly provided herein, no license or right, express or implied, is
hereby conveyed or granted by Canon to you for any intellectual
property of Canon and its licensors.
5. EXPORT RESTRICTION
You agree to comply with all export laws and restrictions and
regulations of the country involved, and not to export or re-export,
directly or indirectly, the Software in violation of any such laws,
restrictions and regulations, or without all necessary approvals.
6. NO WARRANTY AND DISCLAIMER OF INDEMNITY
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE ENTIRE RISK AS TO THE QUALITY, FUNCTION AND PERFORMANCE OF THE
SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
EITHER CANON, CANON'S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS,
DEALERS OR CANON'S LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, LOSS OF
BUSINESS INFORMATION, BUSINESS INTERRUPTION OR OTHER COMPENSATORY,
INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE SOFTWARE, USE
THEREOF OR INABILITY TO USE THE SOFTWARE EVEN IF EITHER CANON, CANON'S
SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS, DEALERS OR CANON'S
LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE
CANON, CANON'S SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS, DEALERS
AND CANON'S LICENSORS FROM ANY AND ALL LIABILITY ARISING FROM OR
RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE.
7. TERM
This Agreement is effective upon your acceptance hereof by using the
Software and remains in effect until terminated. You may terminate
this Agreement by destroying the Software.
Canon may terminate this Agreement if you fail to comply with any terms
hereof. Upon such termination of this Agreement, in addition to Canon
enforcing its respective legal rights, you must then promptly destroy
the Software.
Notwithstanding the foregoing, Sections 4, and 6 through 10 shall
survive any termination of this Agreement.
8. U.S. GOVERNMENT RESTRICTED RIGHTS NOTICE
The Software is "commercial items," as that term is defined at 48
C.F.R. 2.101 (October 1995), consisting of "commercial computer
software" as such terms are used in 48 C.F.R. 12.212 (September 1995).
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.7202-4 (June 1995), all U.S. Government End Users shall acquire the
Software with only those rights set forth herein. Manufacturer is
Canon Inc./30-2, Shimomaruko 3-chome, Ohta-ku, Tokyo 146-8501, Japan.
9. SEVERABILITY
In the event that any section hereof is declared or found to be illegal
by any court or tribunal of competent jurisdiction, such section shall
be null and void with respect to the jurisdiction of that court or
tribunal and all the remaining provisions hereof shall remain in full
force and effect.
10. ACKNOWLEDGEMENT
YOU AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT
OF AGREEMENT BETWEEN YOU AND CANON CONCERNING THE SUBJECT MATTER HEREOF
AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, VERBAL OR WRITTEN,
AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND CANON RELATING TO THE
SUBJECT MATTER HEREOF.
NOTICE FOR THE SOFTWARE MODULES TO BE PROVIDED TO YOU
UNDER THE GNU GENERAL PUBLIC LICENSE AND A SPECIAL EXEMPTION
IMPORTANT
Canon's software program "Canon Bubble Jet Print Filter Ver.2.50 for
Linux", "Canon Inkjet Print Filter Ver.2.60 for Linux" and "IJ Printer
Driver Ver. 2.70 for Linux (or later)" contain the software modules
listed in Appendix 2 and Appendix 3 attached hereto.
Such software modules are free software and you can redistribute them
and/or modify them under the terms of GNU General Public License
Version 2 published by the Free Software Foundation ("GPL").
Such modules are distributed in the hope that they will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. You can find full
text of the GPL later within this notice and see it for more details.
In addition, as a special exception, Canon gives permission that if you
link the modules listed in Appendix 3 attached hereto with other files
to produce an executable, this does not by itself cause the resulting
executable to be covered by the GPL. Your use of that executable is in
no way restricted on account of linking the modules listed in Appendix
3 attached hereto into it.
This exception does not however invalidate any other reasons why the
executable file might be covered by the GPL. This exception applies
only to the modules listed in Appendix 3 attached hereto.
If you copy the modules listed in Appendix 2 attached hereto or code
provided under the GPL into a copy of the modules listed in Appendix 3
attached hereto, as the GPL permits, this exception does not apply to
the code that you add in this way. To avoid misleading anyone as to
the status of such modified files, you must delete this exception
notice from them, and then you must not link such modified files with
the modules listed in Appendix 1 attached hereto to produce an
executable.
If you write modifications of you own for the modules listed in
Appendix 3 attached hereto, it is your choice whether to permit this
exception to apply to your modifications. If you do not wish that,
delete this exception notice, and then you must not link such
modifications with the modules listed in Appendix 1 attached hereto to
produce an executable.
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc. 59 Temple
Place, Suite 330, Boston, MA 02111-1307, USA
Everyone is permitted to copy and distribute verbatim copies of this
license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your freedom
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When we speak of free software, we are referring to freedom, not price.
Our General Public Licenses are designed to make sure that you have the
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We protect your rights with two steps: (1) copyright the software, and
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You may charge a fee for the physical act of transferring a copy, and
you may at your option offer warranty protection in exchange for a fee.
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These requirements apply to the modified work as a whole. If
identifiable sections of that work are not derived from the Program,
and can be reasonably considered independent and separate works in
themselves, then this License, and its terms, do not apply to those
sections when you distribute them as separate works. But when you
distribute the same sections as part of a whole which is a work based
on the Program, the distribution of the whole must be on the terms of
this License, whose permissions for other licensees extend to the
entire whole, and thus to each and every part regardless of who wrote
it.
Thus, it is not the intent of this section to claim rights or contest
your rights to work written entirely by you; rather, the intent is to
exercise the right to control the distribution of derivative or
collective works based on the Program.
In addition, mere aggregation of another work not based on the Program
with the Program (or with a work based on the Program) on a volume of a
storage or distribution medium does not bring the other work under the
scope of this License.
3. You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms of
Sections 1 and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable source
code, which must be distributed under the terms of Sections 1 and 2
above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years,
to give any third party, for a charge no more than your cost of
physically performing source distribution, a complete machine-readable
copy of the corresponding source code, to be distributed under the
terms of Sections 1 and 2 above on a medium customarily used for
software interchange; or,
c) Accompany it with the information you received as to the offer to
distribute corresponding source code. (This alternative is allowed only
for noncommercial distribution and only if you received the program in
object code or executable form with such an offer, in accord with
Subsection b above.)
The source code for a work means the preferred form of the work for
making modifications to it. For an executable work, complete source
code means all the source code for all modules it contains, plus any
associated interface definition files, plus the scripts used to control
compilation and installation of the executable. However, as a special
exception, the source code distributed need not include anything that
is normally distributed (in either source or binary form) with the
major components (compiler, kernel, and so on) of the operating system
on which the executable runs, unless that component itself accompanies
the executable.
If distribution of executable or object code is made by offering access
to copy from a designated place, then offering equivalent access to
copy the source code from the same place counts as distribution of the
source code, even though third parties are not compelled to copy the
source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program
except as expressly provided under this License. Any attempt otherwise
to copy, modify, sublicense or distribute the Program is void, and will
automatically terminate your rights under this License. However,
parties who have received copies, or rights, from you under this
License will not have their licenses terminated so long as such parties
remain in full compliance.
5. You are not required to accept this License, since you have not
signed it. However, nothing else grants you permission to modify or
distribute the Program or its derivative works. These actions are
prohibited by law if you do not accept this License. Therefore, by
modifying or distributing the Program (or any work based on the
Program), you indicate your acceptance of this License to do so, and
all its terms and conditions for copying, distributing or modifying the
Program or works based on it.
6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to
these terms and conditions. You may not impose any further restrictions
on the recipients' exercise of the rights granted herein. You are not
responsible for enforcing compliance by third parties to this License.
7. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues),
conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot
distribute so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you
may not distribute the Program at all. For example, if a patent license
would not permit royalty-free redistribution of the Program by all
those who receive copies directly or indirectly through you, then the
only way you could satisfy both it and this License would be to refrain
entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under
any particular circumstance, the balance of the section is intended to
apply and the section as a whole is intended to apply in other
circumstances.
It is not the purpose of this section to induce you to infringe any
patents or other property right claims or to contest validity of any
such claims; this section has the sole purpose of protecting the
integrity of the free software distribution system, which is
implemented by public license practices. Many people have made generous
contributions to the wide range of software distributed through that
system in reliance on consistent application of that system; it is up
to the author/donor to decide if he or she is willing to distribute
software through any other system and a licensee cannot impose that
choice.
This section is intended to make thoroughly clear what is believed to
be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in
certain countries either by patents or by copyrighted interfaces, the
original copyright holder who places the Program under this License may
add an explicit geographical distribution limitation excluding those
countries, so that distribution is permitted only in or among countries
not thus excluded. In such case, this License incorporates the
limitation as if written in the body of this License.
9. The Free Software Foundation may publish revised and/or new versions
of the General Public License from time to time. Such new versions will
be similar in spirit to the present version, but may differ in detail
to address new problems or concerns.
Each version is given a distinguishing version number. If the Program
specifies a version number of this License which applies to it and "any
later version", you have the option of following the terms and
conditions either of that version or of any later version published by
the Free Software Foundation. If the Program does not specify a version
number of this License, you may choose any version ever published by
the Free Software Foundation.
10. If you wish to incorporate parts of the Program into other free
programs whose distribution conditions are different, write to the
author to ask for permission. For software which is copyrighted by the
Free Software Foundation, write to the Free Software Foundation; we
sometimes make exceptions for this. Our decision will be guided by the
two goals of preserving the free status of all derivatives of our free
software and of promoting the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO
WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR
OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH
YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY
AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU
FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE
PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING
RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A
FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF
SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest
possible use to the public, the best way to achieve this is to make it
free software which everyone can redistribute and change under these
terms.
To do so, attach the following notices to the program. It is safest to
attach them to the start of each source file to most effectively convey
the exclusion of warranty; and each file should have at least the
"copyright" line and a pointer to where the full notice is found.
one line to give the program's name and an idea of what it does.
Copyright (C) yyyy name of author
This program is free software; you can redistribute it and/or modify it
under the terms of the GNU General Public License as published by the
Free Software Foundation; either version 2 of the License, or (at your
option) any later version.
This program is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU
General Public License for more details.
You should have received a copy of the GNU General Public License along
with this program; if not, write to the Free Software Foundation, Inc.,
59 Temple Place, Suite 330, Boston, MA 02111-1307, USA.
Also add information on how to contact you by electronic and paper
mail.
If the program is interactive, make it output a short notice like this
when it starts in an interactive mode:
Gnomovision version 69, Copyright (C) year name of author
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show
w'. This is free software, and you are welcome to redistribute it
under certain conditions; type `show c' for details.
The hypothetical commands `show w' and `show c' should show the
appropriate parts of the General Public License. Of course, the
commands you use may be called something other than `show w' and `show
c'; they could even be mouse-clicks or menu items--whatever suits your
program.
You should also get your employer (if you work as a programmer) or your
school, if any, to sign a "copyright disclaimer" for the program, if
necessary. Here is a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright
interest in the program `Gnomovision' (which makes passes at compilers)
written by James Hacker.
signature of Ty Coon, 1 April 1989
Ty Coon, President of Vice
This General Public License does not permit incorporating your program
into proprietary programs. If your program is a subroutine library, you
may consider it more useful to permit linking proprietary applications
with the library. If this is what you want to do, use the GNU Library
General Public License instead of this License.
Appendix
Appendix 1
(the modules incorporated in "Canon Bubble Jet Print Filter Ver.2.50
for Linux")
libcnbpcmcm*.so.?.?.?
libcnbpcnclapi*.so. ?.?.?
libcnbpcnclbjcmd*.so.?.?.?
libcnbpcnclui*.so.?.?.?
libcnbpess*.so.?.?.?
libcnbpo*.so.?.?.?
bjfilter*.conf
cnb_*0.tbl
cnbpname*.tbl
nozl_*.utl
regi_*.utl
*.xpm
printui.res
*_ps
*_raw
(the modules incorporated in "Canon Inkjet Print Filter Ver.2.60 for
Linux" and "IJ Printer Driver Ver.2.70 for Linux (or later)")
libcnbpcmcm*.so.?.?.?
libcnbpcnclapi*.so. ?.?.?
libcnbpcnclbjcmd*.so.?.?.?
libcnbpcnclui*.so.?.?.?
libcnbpess*.so.?.?.?
libcnbpo*.so.?.?.?
libcnnet*.so.?.?.?
cnnet.ini
cif*.conf
cnb_*0.tbl
cnbpname*.tbl
nozl_*.utl
regi_*.utl
cif_*.bscc
*.xpm
printui.res
*_ps
*_raw
cnij_entry_*series
cnij_entry
cnb_*.res
81-canonij_prn.rules
maintenance.res
autoalign.utl
cleaning.utl
nozzlecheck.utl
cnijlgmon2.res
Appendix 2
(the modules incorporated in "Canon Bubble Jet Print Filter Ver.2.50
for Linux")
bjcups
pstocanonbj
canon_usb
canon_parallel
bjcupsmon
lgmon*
printui*.mo
bjcupsmon.mo
printui.glade
*.ppd
locale-table
stsmon*
bjcmd*
stsmon*.mo
(the modules incorporated in "Canon Inkjet Print Filter Ver.2.60 for
Linux" and "IJ Printer Driver Ver.2.70 for Linux (or later)")
cngpij
pstocanonij
cnij_usb
cnijusb
cnijnet
cnij_parallel
cngpijmon*
lgmon*(Ver.2.60-Ver.3.1*)
printui*.mo
cngpijmon*.mo
printui.glade
*.ppd
locale-table
stsmon*
ijcmd*
stsmon*.mo
cnijfilter-*-pkgconfig.sh
cnijfilter2-*-pkgconfig.sh
printer_*.lc
cngpijmnt
maintenance*.mo
maintenance.glade
cnijbe*
cmdtocanonij
cnijlgmon2.mo
cnijlgmon3.mo
rastertocanonij
tocnpwg
Appendix 3
(the modules incorporated in "Canon Bubble Jet Print Filter Ver.2.50
for Linux")
printui*
bjfilter*
(the modules incorporated in "Canon Inkjet Print Filter Ver.2.60 for
Linux" and "IJ Printer Driver Ver.2.70 for Linux (or later)")
printui*
cif*
cnijnetprn
cnijnpr
lgmon*(Ver.3.20-)
maintenance*
cnijlgmon2
cnijlgmon3
cmdtocanonij2
tocanonij

756
sdk_container/src/third_party/portage-stable/licenses/Canon-UFR-II vendored
View File

@ -1,756 +0,0 @@
[1] SOFTWARE LICENSE AGREEMENT FOR CANON'S OR ITS LICENSORS' SOFTWARE PROGRAMS
IMPORTANT
This is a legal agreement ("Agreement") between you and Canon Inc. ("Canon")
governing your use of Canon's or its licensors' software programs incorporated
in this Canon's product "Canon UFR II/UFR II LT Printer Driver for Linux v2.70
" ("Product"), and which software programs are listed in Schedule 1 of Exhibit
attached hereto. Such Canon's or its licensors' software programs shall be
referred to hereinafter as the "Software."
READ CAREFULLY AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS DESCRIBED IN
THIS AGREEMENT BEFORE USING THE SOFTWARE.
BY USING THE SOFTWARE AS DESCRIBED IN SECION 1 BELOW, YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS
AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFWARE AND PROMPTLY RETURN
THE SAME TO THE PLACE WHERE YOU OBTAINED IT.
1.GRANT OF LICENSE
Canon grants you a personal, limited and non-exclusive license to use ("use" as
used herein shall mean storing, loading, installing, accessing, executing or
displaying), have used, copy, have copied, distribute and permit third parties
to use and copy the Software only on the Product. You may modify the Software
only for your own use and reverse engineer the same for debugging such
modifications. You shall distribute the Software to any third party under the
same terms and conditions as contained herein.
2.RESTRICTIONS
Except as expressly granted or permitted herein, you shall not use, assign,
sublicense, sell, rent, lease, loan, convey or transfer to any third party the
Software.
3.COPYRIGHT NOTICE
You shall not modify, remove or delete any copyright notice of Canon or its
licensors contained in the Software, including any copy thereof.
4.OWNERSHIP
Canon and its licensors retain in all respects the title, ownership and
intellectual property rights in and to the Software. Except as expressly
provided herein, no license or right, express or implied, is hereby conveyed or
granted by Canon to you for any intellectual property of Canon and its licensors.
5.EXPORT RESTRICTION
You agree to comply with all export laws and restrictions and regulations of the
country involved, and not to export or re-export, directly or indirectly, the
Software in violation of any such laws, restrictions and regulations, or without
all necessary approvals.
6.NO WARRANTY AND DISCLAIMER OF INDEMNITY
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, FUNCTION
AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE,
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN NO EVENT SHALL EITHER CANON, CANON'S SUBSIDIARIES OR AFFILIATES, THEIR
DISTRIBUTORS, DEALERS OR CANON'S LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS
INFORMATION, BUSINESS INTERRUPTION OR OTHER COMPENSATORY, INCIDENTAL OR
CONSEQUENTIAL DAMAGES) ARISING OUT OF THE SOFTWARE, USE THEREOF OR INABILITY TO
USE THE SOFTWARE EVEN IF EITHER CANON, CANON'S SUBSIDIARIES OR AFFILIATES, THEIR
DISTRIBUTORS, DEALERS OR CANON'S LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE CANON, CANON'S
SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS, DEALERS AND CANON'S LICENSORS
FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE
SOFTWARE OR ITS USE.
7.TERM
This Agreement is effective upon your acceptance hereof by using the Software
and remains in effect until terminated. You may terminate this Agreement by
destroying the Software.
Canon may terminate this Agreement if you fail to comply with any terms hereof.
Upon such termination of this Agreement, in addition to Canon enforcing its
respective legal rights, you must then promptly destroy the Software.
Notwithstanding the foregoing, Sections 4, and 6 through 10 shall survive any
termination of this Agreement.
8.U.S. GOVERNMENT RESTRICTED RIGHTS NOTICE
A "US Government End User" shall mean any agency or entity of the government of
the United States. If you are a US Government End User, the following shall apply:
The SOFTWARE is "commercial items," as that term is defined at 48 C.F.R. 2.101
(October 1995), consisting of "commercial computer software" as such terms are
used in 48 C.F.R. 12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and
48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End
Users shall acquire the SOFTWARE with only those rights set forth herein.
The manufacturer is Canon Inc./30-2, Shimomaruko 3-chome, Ohta-ku, Tokyo 146-8501,
Japan.
9.SEVERABILITY
In the event that any section hereof is declared or found to be illegal by any
court or tribunal of competent jurisdiction, such section shall be null and void
with respect to the jurisdiction of that court or tribunal and all the remaining
provisions hereof shall remain in full force and effect.
10.ACKNOWLEDGEMENT
YOU AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT
BETWEEN YOU AND CANON CONCERNING THE SUBJECT MATTER HEREOF AND SUPERSEDES ALL
PROPOSALS OR PRIOR AGREEMENTS, VERBAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS
BETWEEN YOU AND CANON RELATING TO THE SUBJECT MATTER HEREOF.
021951
[2] IMPORTANT NOTICE FOR THE USE OF FREE SOFTWARE COMPONENTS BEING LICENSED UNDER
GNU GENERAL PUBLIC LICENSE
This product "Canon UFR II/UFR II LT Printer Driver for Linux v2.70 " ("Product")
of Canon Inc. ("Canon") contains the free software components as listed in
Schedule 2 of Exhibit attached hereto, and which are licensed under GNU General
Public License version 2 published by the Free Software Foundation ("GPL").
Such free software components are free software; you can redistribute them and/or
modify them under the terms of GPL.
Such components are distributed in the hope that they will be useful, but WITHOUT
ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR
A PARTICULAR PURPOSE. You can find full text of GPL later within this notice and
see it for more details.
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
59 Temple Place - Suite 330, Boston, MA 02111-1307, USA
Everyone is permitted to copy and distribute verbatim copies of this license
document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your freedom to share
and change it. By contrast, the GNU General Public License is intended to guarantee
your freedom to share and change free software--to make sure the software is free
for all its users. This General Public License applies to most of the Free Software
Foundation's software and to any other program whose authors commit to using it.
(Some other Free Software Foundation software is covered by the GNU Library
General Public License instead.) You can apply it to your programs, too.
When we speak of free software, we are referring to freedom, not price. Our General
Public Licenses are designed to make sure that you have the freedom to distribute
copies of free software (and charge for this service if you wish), that you receive
source code or can get it if you want it, that you can change the software or use
pieces of it in new free programs; and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid anyone to deny
you these rights or to ask you to surrender the rights. These restrictions translate
to certain responsibilities for you if you distribute copies of the software,
or if you modify it.
For example, if you distribute copies of such a program, whether gratis or for
a fee, you must give the recipients all the rights that you have. You must make
sure that they, too, receive or can get the source code. And you must show them
these terms so they know their rights.
We protect your rights with two steps: (1) copyright the software, and (2) offer
you this license which gives you legal permission to copy, distribute and/or
modify the software.
Also, for each author's protection and ours, we want to make certain that everyone
understands that there is no warranty for this free software. If the software is
modified by someone else and passed on, we want its recipients to know that what
they have is not the original, so that any problems introduced by others will not
reflect on the original authors' reputations.
Finally, any free program is threatened constantly by software patents. We wish to
avoid the danger that redistributors of a free program will individually obtain
patent licenses, in effect making the program proprietary. To prevent this, we
have made it clear that any patent must be licensed for everyone's free use or
not licensed at all.
The precise terms and conditions for copying, distribution and modification follow.
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains a notice
placed by the copyright holder saying it may be distributed under the terms of
this General Public License. The "Program", below, refers to any such program or
work, and a "work based on the Program" means either the Program or any derivative
work under copyright law: that is to say, a work containing the Program or a
portion of it, either verbatim or with modifications and/or translated into another
language. (Hereinafter, translation is included without limitation in the term
"modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification are not covered by
this License; they are outside its scope. The act of running the Program is not
restricted, and the output from the Program is covered only if its contents
constitute a work based on the Program (independent of having been made by running
the Program). Whether that is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's source code as
you receive it, in any medium, provided that you conspicuously and appropriately
publish on each copy an appropriate copyright notice and disclaimer of warranty;
keep intact all the notices that refer to this License and to the absence of any
warranty; and give any other recipients of the Program a copy of this License
along with the Program.
You may charge a fee for the physical act of transferring a copy, and you may
at your option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Program or any portion of it, thus
forming a work based on the Program, and copy and distribute such modifications
or work under the terms of Section 1 above, provided that you also meet all of
these conditions:
a) You must cause the modified files to carry prominent notices stating that you
changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in whole or in
part contains or is derived from the Program or any part thereof, to be licensed
as a whole at no charge to all third parties under the terms of this License.
c) If the modified program normally reads commands interactively when run, you
must cause it, when started running for such interactive use in the most ordinary
way, to print or display an announcement including an appropriate copyright notice
and a notice that there is no warranty (or else, saying that you provide a warranty)
and that users may redistribute the program under these conditions, and telling
the user how to view a copy of this License. (Exception: if the Program itself
is interactive but does not normally print such an announcement, your work based
on the Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If identifiable sections
of that work are not derived from the Program, and can be reasonably considered
independent and separate works in themselves, then this License, and its terms,
do not apply to those sections when you distribute them as separate works. But
when you distribute the same sections as part of a whole which is a work based
on the Program, the distribution of the whole must be on the terms of this License,
whose permissions for other licensees extend to the entire whole, and thus to each
and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest your rights
to work written entirely by you; rather, the intent is to exercise the right to
control the distribution of derivative or collective works based on the Program.
In addition, mere aggregation of another work not based on the Program with the
Program (or with a work based on the Program) on a volume of a storage or
distribution medium does not bring the other work under the scope of this License.
3. You may copy and distribute the Program (or a work based on it, under Section 2)
in object code or executable form under the terms of Sections 1 and 2 above
provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable source code,
which must be distributed under the terms of Sections 1 and 2 above on a medium
customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years, to give
any third party, for a charge no more than your cost of physically performing
source distribution, a complete machine-readable copy of the corresponding source
code, to be distributed under the terms of Sections 1 and 2 above on a medium
customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer to distribute
corresponding source code. (This alternative is allowed only for noncommercial
distribution and only if you received the program in object code or executable
form with such an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work for making
modifications to it. For an executable work, complete source code means all the
source code for all modules it contains, plus any associated interface definition
files, plus the scripts used to control compilation and installation of the executable.
However, as a special exception, the source code distributed need not include
anything that is normally distributed (in either source or binary form) with the
major components (compiler, kernel, and so on) of the operating system on which
the executable runs, unless that component itself accompanies the executable.
If distribution of executable or object code is made by offering access to copy
from a designated place, then offering equivalent access to copy the source code
from the same place counts as distribution of the source code, even though third
parties are not compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program except as
expressly provided under this License. Any attempt otherwise to copy, modify,
sublicense or distribute the Program is void, and will automatically terminate
your rights under this License. However, parties who have received copies, or
rights, from you under this License will not have their licenses terminated so
long as such parties remain in full compliance.
5. You are not required to accept this License, since you have not signed it.
However, nothing else grants you permission to modify or distribute the Program
or its derivative works. These actions are prohibited by law if you do not accept
this License. Therefore, by modifying or distributing the Program (or any work
based on the Program), you indicate your acceptance of this License to do so,
and all its terms and conditions for copying, distributing or modifying the
Program or works based on it.
6. Each time you redistribute the Program (or any work based on the Program),
the recipient automatically receives a license from the original licensor to copy,
distribute or modify the Program subject to these terms and conditions. You may
not impose any further restrictions on the recipients' exercise of the rights
granted herein. You are not responsible for enforcing compliance by third parties
to this License.
7. If, as a consequence of a court judgment or allegation of patent infringement
or for any other reason (not limited to patent issues), conditions are imposed
on you (whether by court order, agreement or otherwise) that contradict the
conditions of this License, they do not excuse you from the conditions of this
License. If you cannot distribute so as to satisfy simultaneously your obligations
under this License and any other pertinent obligations, then as a consequence
you may not distribute the Program at all. For example, if a patent license would
not permit royalty-free redistribution of the Program by all those who receive
copies directly or indirectly through you, then the only way you could satisfy
both it and this License would be to refrain entirely from distribution of the
Program.
If any portion of this section is held invalid or unenforceable under any
particular circumstance, the balance of the section is intended to apply and
the section as a whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or
other property right claims or to contest validity of any such claims; this
section has the sole purpose of protecting the integrity of the free software
distribution system, which is implemented by public license practices. Many people
have made generous contributions to the wide range of software distributed through
that system in reliance on consistent application of that system; it is up to the
author/donor to decide if he or she is willing to distribute software through any
other system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed to be a
consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in certain
countries either by patents or by copyrighted interfaces, the original copyright
holder who places the Program under this License may add an explicit geographical
distribution limitation excluding those countries, so that distribution is
permitted only in or among countries not thus excluded. In such case, this License
incorporates the limitation as if written in the body of this License.
9. The Free Software Foundation may publish revised and/or new versions of the
General Public License from time to time. Such new versions will be similar in
spirit to the present version, but may differ in detail to address new problems
or concerns.
Each version is given a distinguishing version number. If the Program specifies
a version number of this License which applies to it and "any later version", you
have the option of following the terms and conditions either of that version or
of any later version published by the Free Software Foundation. If the Program
does not specify a version number of this License, you may choose any version
ever published by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into other free programs
whose distribution conditions are different, write to the author to ask for
permission. For software which is copyrighted by the Free Software Foundation,
write to the Free Software Foundation; we sometimes make exceptions for this.
Our decision will be guided by the two goals of preserving the free status of all
derivatives of our free software and of promoting the sharing and reuse of
software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE
PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED
IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH
YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL
ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE
PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY
TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING
RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF
THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest possible use
to the public, the best way to achieve this is to make it free software which
everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest to attach
them to the start of each source file to most effectively convey the exclusion
of warranty; and each file should have at least the "copyright" line and a pointer
to where the full notice is found.
one line to give the program's name and an idea of what it does.
Copyright (C) yyyy name of author
This program is free software; you can redistribute it and/or modify it under
the terms of the GNU General Public License as published by the Free Software
Foundation; either version 2 of the License, or (at your option) any later version.
This program is distributed in the hope that it will be useful, but WITHOUT ANY
WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A
PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with
this program; if not, write to the Free Software Foundation, Inc., 59 Temple
Place - Suite 330, Boston, MA 02111-1307, USA.
Also add information on how to contact you by electronic and paper mail.
If the program is interactive, make it output a short notice like this when it
starts in an interactive mode:
Gnomovision version 69, Copyright (C) year name of author
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'.
This is free software, and you are welcome to redistribute it under certain
conditions; type `show c' for details.
The hypothetical commands `show w' and `show c' should show the appropriate parts
of the General Public License. Of course, the commands you use may be called
something other than `show w' and `show c'; they could even be mouse-clicks or
menu items--whatever suits your program.
You should also get your employer (if you work as a programmer) or your school,
if any, to sign a "copyright disclaimer" for the program, if necessary. Here is
a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright
interest in the program `Gnomovision' (which makes passes at compilers) written
by James Hacker.
signature of Ty Coon, 1 April 1989
Ty Coon, President of Vice
This General Public License does not permit incorporating your program into
proprietary programs. If your program is a subroutine library, you may consider
it more useful to permit linking proprietary applications with the library.
If this is what you want to do, use the GNU Library General Public License instead
of this License.
[3] IMPORTANT NOTICE FOR THE USE OF OTHER FREE SOFTWARE COMPONENTS
The software components contained in this product "Canon Common Printer Driver
for Linux v2.70" which software components are listed in Schedule 3 of Exhibit
attached hereto are free software.
Such component shall be deemed as the "Software" defined in the permission notice
below, and you can deal in such component under the terms of such permission notice.
Copyright (c) 2007 Canon Inc.
Permission is hereby granted, free of charge, to any person obtaining a copy of
this software and associated documentation files (the "Software"), to deal in
the Software without restriction, including without limitation the rights to
use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies
of the Software, and to permit persons to whom the Software is furnished to do
so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION
OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Exhibit
Schedule 1
c3pldrv
libc3pl.so.0.0.1
libcaepcm.so.1.0
libcaiousb.so.1.0.0
libcaiowrap.so.1.0.0
libcanon_slim.so.1.0.0
libColorGear.so.0.0.0
libColorGearC.so.0.0.0
CANSRGBA.ICC
CNZ005.ICC
CNZ006.ICC
CNZ007.ICC
CNZ008.ICC
CNZ055.ICC
cnpkbidi
cnpkmoduleufr2
libEnoJBIG.so.1.0.0
libEnoJPEG.so.1.0.0
libcaiocnpkbidi.so.1.0.0
libcanonufr2.la
libcanonufr2.so.1.0.0
libcnlbcm.so.1.0
libufr2filter.so.1.0.0
CNC610A.ICC
CNC610B.ICC
CNC710A.ICC
CNC710B.ICC
CNC711A.ICC
CNC711B.ICC
CNC810A.ICC
CNC810B.ICC
CNC910A.ICC
CNC910B.ICC
CNCA10A.ICC
CNCA10B.ICC
CNCB10A.ICC
CNCB10B.ICC
CNCC10A.ICC
CNCC10B.ICC
CNCD11A.ICC
CNCD11B.ICC
CNCE10A.ICC
CNCE10B.ICC
CNCF10A.ICC
CNCF10B.ICC
CNCG10A.ICC
CNCG10B.ICC
CNCI10A.ICC
CNCI11B.ICC
CNL610A.ICC
CNL610B.ICC
CNL611A.ICC
CNL611B.ICC
CNL820A.ICC
CNL820B.ICC
CNL821A.ICC
CNL821B.ICC
CNL980A.ICC
CNL980B.ICC
CNLA80A.ICC
CNLA80B.ICC
CNLB10A.ICC
CNLB10B.ICC
CNLC10A.ICC
CNLC10B.ICC
CNLD10A.ICC
CNLD10B.ICC
CNLD80A.ICC
CNLD80B.ICC
CNLF10A.ICC
CNLF10B.ICC
CNLG10A.ICC
CNLG10B.ICC
CNLH80A.ICC
CNLH80B.ICC
CnLB0021.DAT
CnLB0052.DAT
CnLB0203.DAT
CnLB03C2.DAT
CnLB050F.DAT
CnLB065C.DAT
CnLB0729.DAT
CnLB0953.DAT
CnLB0A87.DAT
CnLB0C13.DAT
CnLB0CCA.DAT
CnLB0DD6.DAT
CnLB10F8.DAT
CnLB1104.DAT
CnLB12B9.DAT
CnLB1493.DAT
CnLB157C.DAT
CnLB15C8.DAT
CnLB174D.DAT
CnLB2030.DAT
CnLB2289.DAT
CnLB22F7.DAT
CnLB2325.DAT
CnLB242B.DAT
CnLB26EB.DAT
CnLB2775.DAT
CnLB2887.DAT
CnLB3124.DAT
CnLB33CE.DAT
CnLB3547.DAT
CnLB3645.DAT
CnLB3E20.DAT
CnLB3FEB.DAT
CnLB3FFE.DAT
CnLB402B.DAT
CnLB4758.DAT
CnLB4896.DAT
CnLB495F.DAT
CnLB49AC.DAT
CnLB4B7B.DAT
CnLB4CAF.DAT
CnLB4DC9.DAT
CnLB50B6.DAT
CnLB511D.DAT
CnLB5BD1.DAT
CnLB5D7D.DAT
CnLB5F49.DAT
CnLB682C.DAT
CnLB6CC9.DAT
CnLB6D8B.DAT
CnLB71AF.DAT
CnLB75F3.DAT
CnLB7754.DAT
CnLB789E.DAT
CnLB7AAC.DAT
CnLB7C4F.DAT
CnLB7E3A.DAT
CnLB7FED.DAT
CnLB7FF3.DAT
CnLB8037.DAT
CnLB82F5.DAT
CnLB8568.DAT
CnLB8773.DAT
CnLB88EC.DAT
CnLB8925.DAT
CnLB8A05.DAT
CnLB8AEC.DAT
CnLB8AF4.DAT
CnLB9053.DAT
CnLB91CD.DAT
CnLB9263.DAT
CnLB96C4.DAT
CnLB9724.DAT
CnLB99D2.DAT
CnLB9B6F.DAT
CnLB9F62.DAT
CnLBA028.DAT
CnLBA22F.DAT
CnLBA2A9.DAT
CnLBA633.DAT
CnLBA6A8.DAT
CnLBA7E1.DAT
CnLBA811.DAT
CnLBAAB9.DAT
CnLBAC02.DAT
CnLBAD22.DAT
CnLBAE22.DAT
CnLBB00D.DAT
CnLBB051.DAT
CnLBB74A.DAT
CnLBB8C5.DAT
CnLBBC70.DAT
CnLBBC77.DAT
CnLBBD1A.DAT
CnLBBFAD.DAT
CnLBC025.DAT
CnLBC031.DAT
CnLBC07C.DAT
CnLBC0B5.DAT
CnLBC0BB.DAT
CnLBC12E.DAT
CnLBC19C.DAT
CnLBC41F.DAT
CnLBC4C1.DAT
CnLBC60E.DAT
CnLBC61C.DAT
CnLBC662.DAT
CnLBCA28.DAT
CnLBCAA4.DAT
CnLBCFCA.DAT
CnLBD2A2.DAT
CnLBD37D.DAT
CnLBD4C7.DAT
CnLBD5ED.DAT
CnLBD635.DAT
CnLBD757.DAT
CnLBD876.DAT
CnLBD9BD.DAT
CnLBDAB4.DAT
CnLBDC35.DAT
CnLBDDBE.DAT
CnLBDE79.DAT
CnLBDF09.DAT
CnLBDFA3.DAT
CnLBE1E7.DAT
CnLBE2B8.DAT
CnLBE418.DAT
CnLBE71E.DAT
CnLBE82F.DAT
CnLBEAC8.DAT
CnLBEB13.DAT
CnLBEEA4.DAT
CnLBF017.DAT
CnLBF066.DAT
CnLBF5F6.DAT
CnLBFA5E.DAT
CnLBFB32.DAT
CnLBFC60.DAT
CnLBFDB2.DAT
CnLBFDDF.DAT
CnLB_04A.DAT
CnLB_08A.DAT
CnLB_10A.DAT
CnLB_12A.DAT
CnLB_13A.DAT
CnLB_14A.DAT
CnLB_15A.DAT
CnLB_16A.DAT
CnLB_18A.DAT
CnLB_19A.DAT
CnLB_21A.DAT
CnLB_23A.DAT
CnLB_24A.DAT
CnLB_26A.DAT
CnLB_27A.DAT
CnLB_28A.DAT
CnLB_29A.DAT
CnLB_30A.DAT
CnLB_32A.DAT
CnLB_34A.DAT
CnLB_35A.DAT
CnLB_36A.DAT
CnLB_38A.DAT
CnLB_40A.DAT
CnLB_41A.DAT
CnLB_42A.DAT
CnLB_43A.DAT
cnpkbidi_info_000.xml
cnpkbidi_info_001.xml
cnpkbidi_info_002.xml
cnpkbidi_info_003.xml
cnpkbidi_info_004.xml
ThLB_27A.BIN
ThLB_28A.BIN
ThLB_40A.BIN
ThLB_41A.BIN
Schedule 2
cngplp
cnjatool
cngplp.mo
cngplp.glade
cnusb
pstoufr2cpca
libuictlufr2.la
libuictlufr2.so.1.0.0
libuictlufr2.1.0.mo
cngplp_ufr2.glade
func_config_ufr2.xml
*.res
*.ppd
Schedule 3
buflist.h
buftool.h
libbuftool.a
libcanonc3pl.so.1.0.0
cnpklibufr2.h
libcnpkufr2.a
libcnpkufr2.la

506
sdk_container/src/third_party/portage-stable/licenses/CeCILL-2 vendored
View File

@ -1,506 +0,0 @@
CeCILL FREE SOFTWARE LICENSE AGREEMENT
Notice
This Agreement is a Free Software license agreement that is the result
of discussions between its authors in order to ensure compliance with
the two main principles guiding its drafting:
* firstly, compliance with the principles governing the distribution
of Free Software: access to source code, broad rights granted to
users,
* secondly, the election of a governing law, French law, with which
it is conformant, both as regards the law of torts and
intellectual property law, and the protection that it offers to
both authors and holders of the economic rights over software.
The authors of the CeCILL (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
license are:
Commissariat à l'Energie Atomique - CEA, a public scientific, technical
and industrial research establishment, having its principal place of
business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
Centre National de la Recherche Scientifique - CNRS, a public scientific
and technological establishment, having its principal place of business
at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
Institut National de Recherche en Informatique et en Automatique -
INRIA, a public scientific and technological establishment, having its
principal place of business at Domaine de Voluceau, Rocquencourt, BP
105, 78153 Le Chesnay cedex, France.
Preamble
The purpose of this Free Software license agreement is to grant users
the right to modify and redistribute the software governed by this
license within the framework of an open source distribution model.
The exercising of these rights is conditional upon certain obligations
for users so as to preserve this status for all subsequent redistributions.
In consideration of access to the source code and the rights to copy,
modify and redistribute granted by the license, users are provided only
with a limited warranty and the software's author, the holder of the
economic rights, and the successive licensors only have limited liability.
In this respect, the risks associated with loading, using, modifying
and/or developing or reproducing the software by the user are brought to
the user's attention, given its Free Software status, which may make it
complicated to use, with the result that its use is reserved for
developers and experienced professionals having in-depth computer
knowledge. Users are therefore encouraged to load and test the
suitability of the software as regards their requirements in conditions
enabling the security of their systems and/or data to be ensured and,
more generally, to use and operate it in the same conditions of
security. This Agreement may be freely reproduced and published,
provided it is not altered, and that no provisions are either added or
removed herefrom.
This Agreement may apply to any or all software for which the holder of
the economic rights decides to submit the use thereof to its provisions.
Article 1 - DEFINITIONS
For the purpose of this Agreement, when the following expressions
commence with a capital letter, they shall have the following meaning:
Agreement: means this license agreement, and its possible subsequent
versions and annexes.
Software: means the software in its Object Code and/or Source Code form
and, where applicable, its documentation, "as is" when the Licensee
accepts the Agreement.
Initial Software: means the Software in its Source Code and possibly its
Object Code form and, where applicable, its documentation, "as is" when
it is first distributed under the terms and conditions of the Agreement.
Modified Software: means the Software modified by at least one
Contribution.
Source Code: means all the Software's instructions and program lines to
which access is required so as to modify the Software.
Object Code: means the binary files originating from the compilation of
the Source Code.
Holder: means the holder(s) of the economic rights over the Initial
Software.
Licensee: means the Software user(s) having accepted the Agreement.
Contributor: means a Licensee having made at least one Contribution.
Licensor: means the Holder, or any other individual or legal entity, who
distributes the Software under the Agreement.
Contribution: means any or all modifications, corrections, translations,
adaptations and/or new functions integrated into the Software by any or
all Contributors, as well as any or all Internal Modules.
Module: means a set of sources files including their documentation that
enables supplementary functions or services in addition to those offered
by the Software.
External Module: means any or all Modules, not derived from the
Software, so that this Module and the Software run in separate address
spaces, with one calling the other when they are run.
Internal Module: means any or all Module, connected to the Software so
that they both execute in the same address space.
GNU GPL: means the GNU General Public License version 2 or any
subsequent version, as published by the Free Software Foundation Inc.
Parties: mean both the Licensee and the Licensor.
These expressions may be used both in singular and plural form.
Article 2 - PURPOSE
The purpose of the Agreement is the grant by the Licensor to the
Licensee of a non-exclusive, transferable and worldwide license for the
Software as set forth in Article 5 hereinafter for the whole term of the
protection granted by the rights over said Software.
Article 3 - ACCEPTANCE
3.1 The Licensee shall be deemed as having accepted the terms and
conditions of this Agreement upon the occurrence of the first of the
following events:
* (i) loading the Software by any or all means, notably, by
downloading from a remote server, or by loading from a physical
medium;
* (ii) the first time the Licensee exercises any of the rights
granted hereunder.
3.2 One copy of the Agreement, containing a notice relating to the
characteristics of the Software, to the limited warranty, and to the
fact that its use is restricted to experienced users has been provided
to the Licensee prior to its acceptance as set forth in Article 3.1
hereinabove, and the Licensee hereby acknowledges that it has read and
understood it.
Article 4 - EFFECTIVE DATE AND TERM
4.1 EFFECTIVE DATE
The Agreement shall become effective on the date when it is accepted by
the Licensee as set forth in Article 3.1.
4.2 TERM
The Agreement shall remain in force for the entire legal term of
protection of the economic rights over the Software.
Article 5 - SCOPE OF RIGHTS GRANTED
The Licensor hereby grants to the Licensee, who accepts, the following
rights over the Software for any or all use, and for the term of the
Agreement, on the basis of the terms and conditions set forth hereinafter.
Besides, if the Licensor owns or comes to own one or more patents
protecting all or part of the functions of the Software or of its
components, the Licensor undertakes not to enforce the rights granted by
these patents against successive Licensees using, exploiting or
modifying the Software. If these patents are transferred, the Licensor
undertakes to have the transferees subscribe to the obligations set
forth in this paragraph.
5.1 RIGHT OF USE
The Licensee is authorized to use the Software, without any limitation
as to its fields of application, with it being hereinafter specified
that this comprises:
1. permanent or temporary reproduction of all or part of the Software
by any or all means and in any or all form.
2. loading, displaying, running, or storing the Software on any or
all medium.
3. entitlement to observe, study or test its operation so as to
determine the ideas and principles behind any or all constituent
elements of said Software. This shall apply when the Licensee
carries out any or all loading, displaying, running, transmission
or storage operation as regards the Software, that it is entitled
to carry out hereunder.
5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
The right to make Contributions includes the right to translate, adapt,
arrange, or make any or all modifications to the Software, and the right
to reproduce the resulting software.
The Licensee is authorized to make any or all Contributions to the
Software provided that it includes an explicit notice that it is the
author of said Contribution and indicates the date of the creation thereof.
5.3 RIGHT OF DISTRIBUTION
In particular, the right of distribution includes the right to publish,
transmit and communicate the Software to the general public on any or
all medium, and by any or all means, and the right to market, either in
consideration of a fee, or free of charge, one or more copies of the
Software by any means.
The Licensee is further authorized to distribute copies of the modified
or unmodified Software to third parties according to the terms and
conditions set forth hereinafter.
5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
The Licensee is authorized to distribute true copies of the Software in
Source Code or Object Code form, provided that said distribution
complies with all the provisions of the Agreement and is accompanied by:
1. a copy of the Agreement,
2. a notice relating to the limitation of both the Licensor's
warranty and liability as set forth in Articles 8 and 9,
and that, in the event that only the Object Code of the Software is
redistributed, the Licensee allows future Licensees unhindered access to
the full Source Code of the Software by indicating how to access it, it
being understood that the additional cost of acquiring the Source Code
shall not exceed the cost of transferring the data.
5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
When the Licensee makes a Contribution to the Software, the terms and
conditions for the distribution of the resulting Modified Software
become subject to all the provisions of this Agreement.
The Licensee is authorized to distribute the Modified Software, in
source code or object code form, provided that said distribution
complies with all the provisions of the Agreement and is accompanied by:
1. a copy of the Agreement,
2. a notice relating to the limitation of both the Licensor's
warranty and liability as set forth in Articles 8 and 9,
and that, in the event that only the object code of the Modified
Software is redistributed, the Licensee allows future Licensees
unhindered access to the full source code of the Modified Software by
indicating how to access it, it being understood that the additional
cost of acquiring the source code shall not exceed the cost of
transferring the data.
5.3.3 DISTRIBUTION OF EXTERNAL MODULES
When the Licensee has developed an External Module, the terms and
conditions of this Agreement do not apply to said External Module, that
may be distributed under a separate license agreement.
5.3.4 COMPATIBILITY WITH THE GNU GPL
The Licensee can include a code that is subject to the provisions of one
of the versions of the GNU GPL in the Modified or unmodified Software,
and distribute that entire code under the terms of the same version of
the GNU GPL.
The Licensee can include the Modified or unmodified Software in a code
that is subject to the provisions of one of the versions of the GNU GPL,
and distribute that entire code under the terms of the same version of
the GNU GPL.
Article 6 - INTELLECTUAL PROPERTY
6.1 OVER THE INITIAL SOFTWARE
The Holder owns the economic rights over the Initial Software. Any or
all use of the Initial Software is subject to compliance with the terms
and conditions under which the Holder has elected to distribute its work
and no one shall be entitled to modify the terms and conditions for the
distribution of said Initial Software.
The Holder undertakes that the Initial Software will remain ruled at
least by this Agreement, for the duration set forth in Article 4.2.
6.2 OVER THE CONTRIBUTIONS
The Licensee who develops a Contribution is the owner of the
intellectual property rights over this Contribution as defined by
applicable law.
6.3 OVER THE EXTERNAL MODULES
The Licensee who develops an External Module is the owner of the
intellectual property rights over this External Module as defined by
applicable law and is free to choose the type of agreement that shall
govern its distribution.
6.4 JOINT PROVISIONS
The Licensee expressly undertakes:
1. not to remove, or modify, in any manner, the intellectual property
notices attached to the Software;
2. to reproduce said notices, in an identical manner, in the copies
of the Software modified or not.
The Licensee undertakes not to directly or indirectly infringe the
intellectual property rights of the Holder and/or Contributors on the
Software and to take, where applicable, vis-à-vis its staff, any and all
measures required to ensure respect of said intellectual property rights
of the Holder and/or Contributors.
Article 7 - RELATED SERVICES
7.1 Under no circumstances shall the Agreement oblige the Licensor to
provide technical assistance or maintenance services for the Software.
However, the Licensor is entitled to offer this type of services. The
terms and conditions of such technical assistance, and/or such
maintenance, shall be set forth in a separate instrument. Only the
Licensor offering said maintenance and/or technical assistance services
shall incur liability therefor.
7.2 Similarly, any Licensor is entitled to offer to its licensees, under
its sole responsibility, a warranty, that shall only be binding upon
itself, for the redistribution of the Software and/or the Modified
Software, under terms and conditions that it is free to decide. Said
warranty, and the financial terms and conditions of its application,
shall be subject of a separate instrument executed between the Licensor
and the Licensee.
Article 8 - LIABILITY
8.1 Subject to the provisions of Article 8.2, the Licensee shall be
entitled to claim compensation for any direct loss it may have suffered
from the Software as a result of a fault on the part of the relevant
Licensor, subject to providing evidence thereof.
8.2 The Licensor's liability is limited to the commitments made under
this Agreement and shall not be incurred as a result of in particular:
(i) loss due the Licensee's total or partial failure to fulfill its
obligations, (ii) direct or consequential loss that is suffered by the
Licensee due to the use or performance of the Software, and (iii) more
generally, any consequential loss. In particular the Parties expressly
agree that any or all pecuniary or business loss (i.e. loss of data,
loss of profits, operating loss, loss of customers or orders,
opportunity cost, any disturbance to business activities) or any or all
legal proceedings instituted against the Licensee by a third party,
shall constitute consequential loss and shall not provide entitlement to
any or all compensation from the Licensor.
Article 9 - WARRANTY
9.1 The Licensee acknowledges that the scientific and technical
state-of-the-art when the Software was distributed did not enable all
possible uses to be tested and verified, nor for the presence of
possible defects to be detected. In this respect, the Licensee's
attention has been drawn to the risks associated with loading, using,
modifying and/or developing and reproducing the Software which are
reserved for experienced users.
The Licensee shall be responsible for verifying, by any or all means,
the suitability of the product for its requirements, its good working
order, and for ensuring that it shall not cause damage to either persons
or properties.
9.2 The Licensor hereby represents, in good faith, that it is entitled
to grant all the rights over the Software (including in particular the
rights set forth in Article 5).
9.3 The Licensee acknowledges that the Software is supplied "as is" by
the Licensor without any other express or tacit warranty, other than
that provided for in Article 9.2 and, in particular, without any warranty
as to its commercial value, its secured, safe, innovative or relevant
nature.
Specifically, the Licensor does not warrant that the Software is free
from any error, that it will operate without interruption, that it will
be compatible with the Licensee's own equipment and software
configuration, nor that it will meet the Licensee's requirements.
9.4 The Licensor does not either expressly or tacitly warrant that the
Software does not infringe any third party intellectual property right
relating to a patent, software or any other property right. Therefore,
the Licensor disclaims any and all liability towards the Licensee
arising out of any or all proceedings for infringement that may be
instituted in respect of the use, modification and redistribution of the
Software. Nevertheless, should such proceedings be instituted against
the Licensee, the Licensor shall provide it with technical and legal
assistance for its defense. Such technical and legal assistance shall be
decided on a case-by-case basis between the relevant Licensor and the
Licensee pursuant to a memorandum of understanding. The Licensor
disclaims any and all liability as regards the Licensee's use of the
name of the Software. No warranty is given as regards the existence of
prior rights over the name of the Software or as regards the existence
of a trademark.
Article 10 - TERMINATION
10.1 In the event of a breach by the Licensee of its obligations
hereunder, the Licensor may automatically terminate this Agreement
thirty (30) days after notice has been sent to the Licensee and has
remained ineffective.
10.2 A Licensee whose Agreement is terminated shall no longer be
authorized to use, modify or distribute the Software. However, any
licenses that it may have granted prior to termination of the Agreement
shall remain valid subject to their having been granted in compliance
with the terms and conditions hereof.
Article 11 - MISCELLANEOUS
11.1 EXCUSABLE EVENTS
Neither Party shall be liable for any or all delay, or failure to
perform the Agreement, that may be attributable to an event of force
majeure, an act of God or an outside cause, such as defective
functioning or interruptions of the electricity or telecommunications
networks, network paralysis following a virus attack, intervention by
government authorities, natural disasters, water damage, earthquakes,
fire, explosions, strikes and labor unrest, war, etc.
11.2 Any failure by either Party, on one or more occasions, to invoke
one or more of the provisions hereof, shall under no circumstances be
interpreted as being a waiver by the interested Party of its right to
invoke said provision(s) subsequently.
11.3 The Agreement cancels and replaces any or all previous agreements,
whether written or oral, between the Parties and having the same
purpose, and constitutes the entirety of the agreement between said
Parties concerning said purpose. No supplement or modification to the
terms and conditions hereof shall be effective as between the Parties
unless it is made in writing and signed by their duly authorized
representatives.
11.4 In the event that one or more of the provisions hereof were to
conflict with a current or future applicable act or legislative text,
said act or legislative text shall prevail, and the Parties shall make
the necessary amendments so as to comply with said act or legislative
text. All other provisions shall remain effective. Similarly, invalidity
of a provision of the Agreement, for any reason whatsoever, shall not
cause the Agreement as a whole to be invalid.
11.5 LANGUAGE
The Agreement is drafted in both French and English and both versions
are deemed authentic.
Article 12 - NEW VERSIONS OF THE AGREEMENT
12.1 Any person is authorized to duplicate and distribute copies of this
Agreement.
12.2 So as to ensure coherence, the wording of this Agreement is
protected and may only be modified by the authors of the License, who
reserve the right to periodically publish updates or new versions of the
Agreement, each with a separate number. These subsequent versions may
address new issues encountered by Free Software.
12.3 Any Software distributed under a given version of the Agreement may
only be subsequently distributed under the same version of the Agreement
or a subsequent version, subject to the provisions of Article 5.3.4.
Article 13 - GOVERNING LAW AND JURISDICTION
13.1 The Agreement is governed by French law. The Parties agree to
endeavor to seek an amicable solution to any disagreements or disputes
that may arise during the performance of the Agreement.
13.2 Failing an amicable solution within two (2) months as from their
occurrence, and unless emergency proceedings are necessary, the
disagreements or disputes shall be referred to the Paris Courts having
jurisdiction, by the more diligent Party.
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CeCILL-B FREE SOFTWARE LICENSE AGREEMENT
Notice
This Agreement is a Free Software license agreement that is the result
of discussions between its authors in order to ensure compliance with
the two main principles guiding its drafting:
* firstly, compliance with the principles governing the distribution
of Free Software: access to source code, broad rights granted to
users,
* secondly, the election of a governing law, French law, with which
it is conformant, both as regards the law of torts and
intellectual property law, and the protection that it offers to
both authors and holders of the economic rights over software.
The authors of the CeCILL-B (for Ce[a] C[nrs] I[nria] L[ogiciel] L[ibre])
license are:
Commissariat à l'Energie Atomique - CEA, a public scientific, technical
and industrial research establishment, having its principal place of
business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
Centre National de la Recherche Scientifique - CNRS, a public scientific
and technological establishment, having its principal place of business
at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
Institut National de Recherche en Informatique et en Automatique -
INRIA, a public scientific and technological establishment, having its
principal place of business at Domaine de Voluceau, Rocquencourt, BP
105, 78153 Le Chesnay cedex, France.
Preamble
This Agreement is an open source software license intended to give users
significant freedom to modify and redistribute the software licensed
hereunder.
The exercising of this freedom is conditional upon a strong obligation
of giving credits for everybody that distributes a software
incorporating a software ruled by the current license so as all
contributions to be properly identified and acknowledged.
In consideration of access to the source code and the rights to copy,
modify and redistribute granted by the license, users are provided only
with a limited warranty and the software's author, the holder of the
economic rights, and the successive licensors only have limited liability.
In this respect, the risks associated with loading, using, modifying
and/or developing or reproducing the software by the user are brought to
the user's attention, given its Free Software status, which may make it
complicated to use, with the result that its use is reserved for
developers and experienced professionals having in-depth computer
knowledge. Users are therefore encouraged to load and test the
suitability of the software as regards their requirements in conditions
enabling the security of their systems and/or data to be ensured and,
more generally, to use and operate it in the same conditions of
security. This Agreement may be freely reproduced and published,
provided it is not altered, and that no provisions are either added or
removed herefrom.
This Agreement may apply to any or all software for which the holder of
the economic rights decides to submit the use thereof to its provisions.
Article 1 - DEFINITIONS
For the purpose of this Agreement, when the following expressions
commence with a capital letter, they shall have the following meaning:
Agreement: means this license agreement, and its possible subsequent
versions and annexes.
Software: means the software in its Object Code and/or Source Code form
and, where applicable, its documentation, "as is" when the Licensee
accepts the Agreement.
Initial Software: means the Software in its Source Code and possibly its
Object Code form and, where applicable, its documentation, "as is" when
it is first distributed under the terms and conditions of the Agreement.
Modified Software: means the Software modified by at least one
Contribution.
Source Code: means all the Software's instructions and program lines to
which access is required so as to modify the Software.
Object Code: means the binary files originating from the compilation of
the Source Code.
Holder: means the holder(s) of the economic rights over the Initial
Software.
Licensee: means the Software user(s) having accepted the Agreement.
Contributor: means a Licensee having made at least one Contribution.
Licensor: means the Holder, or any other individual or legal entity, who
distributes the Software under the Agreement.
Contribution: means any or all modifications, corrections, translations,
adaptations and/or new functions integrated into the Software by any or
all Contributors, as well as any or all Internal Modules.
Module: means a set of sources files including their documentation that
enables supplementary functions or services in addition to those offered
by the Software.
External Module: means any or all Modules, not derived from the
Software, so that this Module and the Software run in separate address
spaces, with one calling the other when they are run.
Internal Module: means any or all Module, connected to the Software so
that they both execute in the same address space.
Parties: mean both the Licensee and the Licensor.
These expressions may be used both in singular and plural form.
Article 2 - PURPOSE
The purpose of the Agreement is the grant by the Licensor to the
Licensee of a non-exclusive, transferable and worldwide license for the
Software as set forth in Article 5 hereinafter for the whole term of the
protection granted by the rights over said Software.
Article 3 - ACCEPTANCE
3.1 The Licensee shall be deemed as having accepted the terms and
conditions of this Agreement upon the occurrence of the first of the
following events:
* (i) loading the Software by any or all means, notably, by
downloading from a remote server, or by loading from a physical
medium;
* (ii) the first time the Licensee exercises any of the rights
granted hereunder.
3.2 One copy of the Agreement, containing a notice relating to the
characteristics of the Software, to the limited warranty, and to the
fact that its use is restricted to experienced users has been provided
to the Licensee prior to its acceptance as set forth in Article 3.1
hereinabove, and the Licensee hereby acknowledges that it has read and
understood it.
Article 4 - EFFECTIVE DATE AND TERM
4.1 EFFECTIVE DATE
The Agreement shall become effective on the date when it is accepted by
the Licensee as set forth in Article 3.1.
4.2 TERM
The Agreement shall remain in force for the entire legal term of
protection of the economic rights over the Software.
Article 5 - SCOPE OF RIGHTS GRANTED
The Licensor hereby grants to the Licensee, who accepts, the following
rights over the Software for any or all use, and for the term of the
Agreement, on the basis of the terms and conditions set forth hereinafter.
Besides, if the Licensor owns or comes to own one or more patents
protecting all or part of the functions of the Software or of its
components, the Licensor undertakes not to enforce the rights granted by
these patents against successive Licensees using, exploiting or
modifying the Software. If these patents are transferred, the Licensor
undertakes to have the transferees subscribe to the obligations set
forth in this paragraph.
5.1 RIGHT OF USE
The Licensee is authorized to use the Software, without any limitation
as to its fields of application, with it being hereinafter specified
that this comprises:
1. permanent or temporary reproduction of all or part of the Software
by any or all means and in any or all form.
2. loading, displaying, running, or storing the Software on any or
all medium.
3. entitlement to observe, study or test its operation so as to
determine the ideas and principles behind any or all constituent
elements of said Software. This shall apply when the Licensee
carries out any or all loading, displaying, running, transmission
or storage operation as regards the Software, that it is entitled
to carry out hereunder.
5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
The right to make Contributions includes the right to translate, adapt,
arrange, or make any or all modifications to the Software, and the right
to reproduce the resulting software.
The Licensee is authorized to make any or all Contributions to the
Software provided that it includes an explicit notice that it is the
author of said Contribution and indicates the date of the creation thereof.
5.3 RIGHT OF DISTRIBUTION
In particular, the right of distribution includes the right to publish,
transmit and communicate the Software to the general public on any or
all medium, and by any or all means, and the right to market, either in
consideration of a fee, or free of charge, one or more copies of the
Software by any means.
The Licensee is further authorized to distribute copies of the modified
or unmodified Software to third parties according to the terms and
conditions set forth hereinafter.
5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
The Licensee is authorized to distribute true copies of the Software in
Source Code or Object Code form, provided that said distribution
complies with all the provisions of the Agreement and is accompanied by:
1. a copy of the Agreement,
2. a notice relating to the limitation of both the Licensor's
warranty and liability as set forth in Articles 8 and 9,
and that, in the event that only the Object Code of the Software is
redistributed, the Licensee allows effective access to the full Source
Code of the Software at a minimum during the entire period of its
distribution of the Software, it being understood that the additional
cost of acquiring the Source Code shall not exceed the cost of
transferring the data.
5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
If the Licensee makes any Contribution to the Software, the resulting
Modified Software may be distributed under a license agreement other
than this Agreement subject to compliance with the provisions of Article
5.3.4.
5.3.3 DISTRIBUTION OF EXTERNAL MODULES
When the Licensee has developed an External Module, the terms and
conditions of this Agreement do not apply to said External Module, that
may be distributed under a separate license agreement.
5.3.4 CREDITS
Any Licensee who may distribute a Modified Software hereby expressly
agrees to:
1. indicate in the related documentation that it is based on the
Software licensed hereunder, and reproduce the intellectual
property notice for the Software,
2. ensure that written indications of the Software intended use,
intellectual property notice and license hereunder are included in
easily accessible format from the Modified Software interface,
3. mention, on a freely accessible website describing the Modified
Software, at least throughout the distribution term thereof, that
it is based on the Software licensed hereunder, and reproduce the
Software intellectual property notice,
4. where it is distributed to a third party that may distribute a
Modified Software without having to make its source code
available, make its best efforts to ensure that said third party
agrees to comply with the obligations set forth in this Article .
If the Software, whether or not modified, is distributed with an
External Module designed for use in connection with the Software, the
Licensee shall submit said External Module to the foregoing obligations.
5.3.5 COMPATIBILITY WITH THE CeCILL AND CeCILL-C LICENSES
Where a Modified Software contains a Contribution subject to the CeCILL
license, the provisions set forth in Article 5.3.4 shall be optional.
A Modified Software may be distributed under the CeCILL-C license. In
such a case the provisions set forth in Article 5.3.4 shall be optional.
Article 6 - INTELLECTUAL PROPERTY
6.1 OVER THE INITIAL SOFTWARE
The Holder owns the economic rights over the Initial Software. Any or
all use of the Initial Software is subject to compliance with the terms
and conditions under which the Holder has elected to distribute its work
and no one shall be entitled to modify the terms and conditions for the
distribution of said Initial Software.
The Holder undertakes that the Initial Software will remain ruled at
least by this Agreement, for the duration set forth in Article 4.2.
6.2 OVER THE CONTRIBUTIONS
The Licensee who develops a Contribution is the owner of the
intellectual property rights over this Contribution as defined by
applicable law.
6.3 OVER THE EXTERNAL MODULES
The Licensee who develops an External Module is the owner of the
intellectual property rights over this External Module as defined by
applicable law and is free to choose the type of agreement that shall
govern its distribution.
6.4 JOINT PROVISIONS
The Licensee expressly undertakes:
1. not to remove, or modify, in any manner, the intellectual property
notices attached to the Software;
2. to reproduce said notices, in an identical manner, in the copies
of the Software modified or not.
The Licensee undertakes not to directly or indirectly infringe the
intellectual property rights of the Holder and/or Contributors on the
Software and to take, where applicable, vis-à-vis its staff, any and all
measures required to ensure respect of said intellectual property rights
of the Holder and/or Contributors.
Article 7 - RELATED SERVICES
7.1 Under no circumstances shall the Agreement oblige the Licensor to
provide technical assistance or maintenance services for the Software.
However, the Licensor is entitled to offer this type of services. The
terms and conditions of such technical assistance, and/or such
maintenance, shall be set forth in a separate instrument. Only the
Licensor offering said maintenance and/or technical assistance services
shall incur liability therefor.
7.2 Similarly, any Licensor is entitled to offer to its licensees, under
its sole responsibility, a warranty, that shall only be binding upon
itself, for the redistribution of the Software and/or the Modified
Software, under terms and conditions that it is free to decide. Said
warranty, and the financial terms and conditions of its application,
shall be subject of a separate instrument executed between the Licensor
and the Licensee.
Article 8 - LIABILITY
8.1 Subject to the provisions of Article 8.2, the Licensee shall be
entitled to claim compensation for any direct loss it may have suffered
from the Software as a result of a fault on the part of the relevant
Licensor, subject to providing evidence thereof.
8.2 The Licensor's liability is limited to the commitments made under
this Agreement and shall not be incurred as a result of in particular:
(i) loss due the Licensee's total or partial failure to fulfill its
obligations, (ii) direct or consequential loss that is suffered by the
Licensee due to the use or performance of the Software, and (iii) more
generally, any consequential loss. In particular the Parties expressly
agree that any or all pecuniary or business loss (i.e. loss of data,
loss of profits, operating loss, loss of customers or orders,
opportunity cost, any disturbance to business activities) or any or all
legal proceedings instituted against the Licensee by a third party,
shall constitute consequential loss and shall not provide entitlement to
any or all compensation from the Licensor.
Article 9 - WARRANTY
9.1 The Licensee acknowledges that the scientific and technical
state-of-the-art when the Software was distributed did not enable all
possible uses to be tested and verified, nor for the presence of
possible defects to be detected. In this respect, the Licensee's
attention has been drawn to the risks associated with loading, using,
modifying and/or developing and reproducing the Software which are
reserved for experienced users.
The Licensee shall be responsible for verifying, by any or all means,
the suitability of the product for its requirements, its good working
order, and for ensuring that it shall not cause damage to either persons
or properties.
9.2 The Licensor hereby represents, in good faith, that it is entitled
to grant all the rights over the Software (including in particular the
rights set forth in Article 5).
9.3 The Licensee acknowledges that the Software is supplied "as is" by
the Licensor without any other express or tacit warranty, other than
that provided for in Article 9.2 and, in particular, without any warranty
as to its commercial value, its secured, safe, innovative or relevant
nature.
Specifically, the Licensor does not warrant that the Software is free
from any error, that it will operate without interruption, that it will
be compatible with the Licensee's own equipment and software
configuration, nor that it will meet the Licensee's requirements.
9.4 The Licensor does not either expressly or tacitly warrant that the
Software does not infringe any third party intellectual property right
relating to a patent, software or any other property right. Therefore,
the Licensor disclaims any and all liability towards the Licensee
arising out of any or all proceedings for infringement that may be
instituted in respect of the use, modification and redistribution of the
Software. Nevertheless, should such proceedings be instituted against
the Licensee, the Licensor shall provide it with technical and legal
assistance for its defense. Such technical and legal assistance shall be
decided on a case-by-case basis between the relevant Licensor and the
Licensee pursuant to a memorandum of understanding. The Licensor
disclaims any and all liability as regards the Licensee's use of the
name of the Software. No warranty is given as regards the existence of
prior rights over the name of the Software or as regards the existence
of a trademark.
Article 10 - TERMINATION
10.1 In the event of a breach by the Licensee of its obligations
hereunder, the Licensor may automatically terminate this Agreement
thirty (30) days after notice has been sent to the Licensee and has
remained ineffective.
10.2 A Licensee whose Agreement is terminated shall no longer be
authorized to use, modify or distribute the Software. However, any
licenses that it may have granted prior to termination of the Agreement
shall remain valid subject to their having been granted in compliance
with the terms and conditions hereof.
Article 11 - MISCELLANEOUS
11.1 EXCUSABLE EVENTS
Neither Party shall be liable for any or all delay, or failure to
perform the Agreement, that may be attributable to an event of force
majeure, an act of God or an outside cause, such as defective
functioning or interruptions of the electricity or telecommunications
networks, network paralysis following a virus attack, intervention by
government authorities, natural disasters, water damage, earthquakes,
fire, explosions, strikes and labor unrest, war, etc.
11.2 Any failure by either Party, on one or more occasions, to invoke
one or more of the provisions hereof, shall under no circumstances be
interpreted as being a waiver by the interested Party of its right to
invoke said provision(s) subsequently.
11.3 The Agreement cancels and replaces any or all previous agreements,
whether written or oral, between the Parties and having the same
purpose, and constitutes the entirety of the agreement between said
Parties concerning said purpose. No supplement or modification to the
terms and conditions hereof shall be effective as between the Parties
unless it is made in writing and signed by their duly authorized
representatives.
11.4 In the event that one or more of the provisions hereof were to
conflict with a current or future applicable act or legislative text,
said act or legislative text shall prevail, and the Parties shall make
the necessary amendments so as to comply with said act or legislative
text. All other provisions shall remain effective. Similarly, invalidity
of a provision of the Agreement, for any reason whatsoever, shall not
cause the Agreement as a whole to be invalid.
11.5 LANGUAGE
The Agreement is drafted in both French and English and both versions
are deemed authentic.
Article 12 - NEW VERSIONS OF THE AGREEMENT
12.1 Any person is authorized to duplicate and distribute copies of this
Agreement.
12.2 So as to ensure coherence, the wording of this Agreement is
protected and may only be modified by the authors of the License, who
reserve the right to periodically publish updates or new versions of the
Agreement, each with a separate number. These subsequent versions may
address new issues encountered by Free Software.
12.3 Any Software distributed under a given version of the Agreement may
only be subsequently distributed under the same version of the Agreement
or a subsequent version.
Article 13 - GOVERNING LAW AND JURISDICTION
13.1 The Agreement is governed by French law. The Parties agree to
endeavor to seek an amicable solution to any disagreements or disputes
that may arise during the performance of the Agreement.
13.2 Failing an amicable solution within two (2) months as from their
occurrence, and unless emergency proceedings are necessary, the
disagreements or disputes shall be referred to the Paris Courts having
jurisdiction, by the more diligent Party.
Version 1.0 dated 2006-09-05.

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CeCILL-C FREE SOFTWARE LICENSE AGREEMENT
Notice
This Agreement is a Free Software license agreement that is the result
of discussions between its authors in order to ensure compliance with
the two main principles guiding its drafting:
* firstly, compliance with the principles governing the distribution
of Free Software: access to source code, broad rights granted to
users,
* secondly, the election of a governing law, French law, with which
it is conformant, both as regards the law of torts and
intellectual property law, and the protection that it offers to
both authors and holders of the economic rights over software.
The authors of the CeCILL-C (for Ce[a] C[nrs] I[nria] L[logiciel] L[ibre])
license are:
Commissariat à l'Energie Atomique - CEA, a public scientific, technical
and industrial research establishment, having its principal place of
business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
Centre National de la Recherche Scientifique - CNRS, a public scientific
and technological establishment, having its principal place of business
at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
Institut National de Recherche en Informatique et en Automatique -
INRIA, a public scientific and technological establishment, having its
principal place of business at Domaine de Voluceau, Rocquencourt, BP
105, 78153 Le Chesnay cedex, France.
Preamble
The purpose of this Free Software license agreement is to grant users the
right to modify and re-use the software governed by this license.
The exercising of this right is conditional on the obligation to make
available to the community the modifications made to the source code of the
software so as to contribute to its evolution.
In consideration of access to the source code and the rights to copy,
modify and redistribute granted by the license, users are provided only
with a limited warranty and the software's author, the holder of the
economic rights, and the successive licensors only have limited liability.
In this respect, the risks associated with loading, using, modifying
and/or developing or reproducing the software by the user are brought to
the user's attention, given its Free Software status, which may make it
complicated to use, with the result that its use is reserved for
developers and experienced professionals having in-depth computer
knowledge. Users are therefore encouraged to load and test the suitability
of the software as regards their requirements in conditions enabling the
security of their systems and/or data to be ensured and, more generally, to
use and operate it in the same conditions of security. This Agreement may be
freely reproduced and published, provided it is not altered, and that no
provisions are either added or removed herefrom.
This Agreement may apply to any or all software for which the holder of
the economic rights decides to submit the use thereof to its provisions.
Article 1 - DEFINITIONS
For the purpose of this Agreement, when the following expressions
commence with a capital letter, they shall have the following meaning:
Agreement: means this license agreement, and its possible subsequent
versions and annexes.
Software: means the software in its Object Code and/or Source Code form
and, where applicable, its documentation, "as is" when the Licensee
accepts the Agreement.
Initial Software: means the Software in its Source Code and possibly its
Object Code form and, where applicable, its documentation, "as is" when
it is first distributed under the terms and conditions of the Agreement.
Modified Software: means the Software modified by at least one Integrated
Contribution.
Source Code: means all the Software's instructions and program lines to
which access is required so as to modify the Software.
Object Code: means the binary files originating from the compilation of
the Source Code.
Holder: means the holder(s) of the economic rights over the Initial
Software.
Licensee: means the Software user(s) having accepted the Agreement.
Contributor: means a Licensee having made at least one Integrated
Contribution.
Licensor: means the Holder, or any other individual or legal entity, who
distributes the Software under the Agreement.
Integrated Contribution: means any or all modifications, corrections,
translations, adaptations and/or new functions integrated into the Source
Code by any or all Contributors.
Related Module: means a set of sources files including their documentation
that, without modification to the Source Code, enables supplementary
functions or services in addition to those offered by the Software.
Derivative Software: means any combination of the Software, modified or not,
and of a Related Module.
Parties: mean both the Licensee and the Licensor.
These expressions may be used both in singular and plural form.
Article 2 - PURPOSE
The purpose of the Agreement is the grant by the Licensor to the
Licensee of a non-exclusive, transferable and worldwide license for the
Software as set forth in Article 5 hereinafter for the whole term of the
protection granted by the rights over said Software.
Article 3 - ACCEPTANCE
3.1 The Licensee shall be deemed as having accepted the terms and
conditions of this Agreement upon the occurrence of the first of the
following events:
* (i) loading the Software by any or all means, notably, by
downloading from a remote server, or by loading from a physical
medium;
* (ii) the first time the Licensee exercises any of the rights
granted hereunder.
3.2 One copy of the Agreement, containing a notice relating to the
characteristics of the Software, to the limited warranty, and to the
fact that its use is restricted to experienced users has been provided
to the Licensee prior to its acceptance as set forth in Article 3.1
hereinabove, and the Licensee hereby acknowledges that it has read and
understood it.
Article 4 - EFFECTIVE DATE AND TERM
4.1 EFFECTIVE DATE
The Agreement shall become effective on the date when it is accepted by
the Licensee as set forth in Article 3.1.
4.2 TERM
The Agreement shall remain in force for the entire legal term of
protection of the economic rights over the Software.
Article 5 - SCOPE OF RIGHTS GRANTED
The Licensor hereby grants to the Licensee, who accepts, the following
rights over the Software for any or all use, and for the term of the
Agreement, on the basis of the terms and conditions set forth hereinafter.
Besides, if the Licensor owns or comes to own one or more patents
protecting all or part of the functions of the Software or of its
components, the Licensor undertakes not to enforce the rights granted by
these patents against successive Licensees using, exploiting or
modifying the Software. If these patents are transferred, the Licensor
undertakes to have the transferees subscribe to the obligations set
forth in this paragraph.
5.1 RIGHT OF USE
The Licensee is authorized to use the Software, without any limitation
as to its fields of application, with it being hereinafter specified
that this comprises:
1. permanent or temporary reproduction of all or part of the Software
by any or all means and in any or all form.
2. loading, displaying, running, or storing the Software on any or
all medium.
3. entitlement to observe, study or test its operation so as to
determine the ideas and principles behind any or all constituent
elements of said Software. This shall apply when the Licensee
carries out any or all loading, displaying, running, transmission
or storage operation as regards the Software, that it is entitled
to carry out hereunder.
5.2 RIGHT OF MODIFICATION
The right of modification includes the right to translate, adapt, arrange,
or make any or all modifications to the Software, and the right to
reproduce the resulting Software. It includes, in particular, the right
to create a Derivative Software.
The Licensee is authorized to make any or all modification to the
Software provided that it includes an explicit notice that it is the
author of said modification and indicates the date of the creation thereof.
5.3 RIGHT OF DISTRIBUTION
In particular, the right of distribution includes the right to publish,
transmit and communicate the Software to the general public on any or
all medium, and by any or all means, and the right to market, either in
consideration of a fee, or free of charge, one or more copies of the
Software by any means.
The Licensee is further authorized to distribute copies of the modified
or unmodified Software to third parties according to the terms and
conditions set forth hereinafter.
5.3.1 DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
The Licensee is authorized to distribute true copies of the Software in
Source Code or Object Code form, provided that said distribution
complies with all the provisions of the Agreement and is accompanied by:
1. a copy of the Agreement,
2. a notice relating to the limitation of both the Licensor's
warranty and liability as set forth in Articles 8 and 9,
and that, in the event that only the Object Code of the Software is
redistributed, the Licensee allows effective access to the full Source Code
of the Software at a minimum during the entire period of its distribution
of the Software, it being understood that the additional cost of acquiring
the Source Code shall not exceed the cost of transferring the data.
5.3.2 DISTRIBUTION OF MODIFIED SOFTWARE
When the Licensee makes an Integrated Contribution to the Software, the terms
and conditions for the distribution of the resulting Modified Software become
subject to all the provisions of this Agreement.
The Licensee is authorized to distribute the Modified Software, in source
code or object code form, provided that said distribution complies with all
the provisions of the Agreement and is accompanied by:
1. a copy of the Agreement,
2. a notice relating to the limitation of both the Licensor's warranty and
liability as set forth in Articles 8 and 9,
and that, in the event that only the object code of the Modified Software is
redistributed, the Licensee allows effective access to the full source code
of the Modified Software at a minimum during the entire period of its
distribution of the Modified Software, it being understood that the
additional cost of acquiring the source code shall not exceed the cost of
transferring the data.
5.3.3 DISTRIBUTION OF DERIVATIVE SOFTWARE
When the Licensee creates Derivative Software, this Derivative Software may
be distributed under a license agreement other than this Agreement, subject
to compliance with the requirement to include a notice concerning the rights
over the Software as defined in Article 6.4. In the event the creation of the
Derivative Software required modification of the Source Code, the Licensee
undertakes that:
1. the resulting Modified Software will be governed by this Agreement,
2. the Integrated Contributions in the resulting Modified Software will be
clearly identified and documented,
3. the Licensee will allow effective access to the source code of the
Modified Software, at a minimum during the entire period of
distribution of the Derivative Software, such that such modifications
may be carried over in a subsequent version of the Software; it being
understood that the additional cost of purchasing the source code of
the Modified Software shall not exceed the cost of transferring the
data.
5.3.4 COMPATIBILITY WITH THE CeCILL LICENSE
When a Modified Software contains an Integrated Contribution subject to the
CeCill license agreement, or when a Derivative Software contains a Related
Module subject to the CeCill license agreement, the provisions set forth in
the third item of Article 6.4 are optional.
Article 6 - INTELLECTUAL PROPERTY
6.1 OVER THE INITIAL SOFTWARE
The Holder owns the economic rights over the Initial Software. Any or
all use of the Initial Software is subject to compliance with the terms
and conditions under which the Holder has elected to distribute its work
and no one shall be entitled to modify the terms and conditions for the
distribution of said Initial Software.
The Holder undertakes that the Initial Software will remain ruled at
least by the current license, for the duration set forth in Article 4.2.
6.2 OVER THE INTEGRATED CONTRIBUTIONS
A Licensee who develops an Integrated Contribution is the owner of the
intellectual property rights over this Contribution as defined by
applicable law.
6.3 OVER THE RELATED MODULES
A Licensee who develops an Related Module is the owner of the
intellectual property rights over this Related Module as defined by
applicable law and is free to choose the type of agreement that shall
govern its distribution under the conditions defined in Article 5.3.3.
6.4 NOTICE OF RIGHTS
The Licensee expressly undertakes:
1. not to remove, or modify, in any manner, the intellectual property
notices attached to the Software;
2. to reproduce said notices, in an identical manner, in the copies
of the Software modified or not;
3. to ensure that use of the Software, its intellectual property
notices and the fact that it is governed by the Agreement is
indicated in a text that is easily accessible, specifically from
the interface of any Derivative Software.
The Licensee undertakes not to directly or indirectly infringe the
intellectual property rights of the Holder and/or Contributors on the
Software and to take, where applicable, vis-à-vis its staff, any and all
measures required to ensure respect of said intellectual property rights
of the Holder and/or Contributors.
Article 7 - RELATED SERVICES
7.1 Under no circumstances shall the Agreement oblige the Licensor to
provide technical assistance or maintenance services for the Software.
However, the Licensor is entitled to offer this type of services. The
terms and conditions of such technical assistance, and/or such
maintenance, shall be set forth in a separate instrument. Only the
Licensor offering said maintenance and/or technical assistance services
shall incur liability therefor.
7.2 Similarly, any Licensor is entitled to offer to its licensees, under
its sole responsibility, a warranty, that shall only be binding upon
itself, for the redistribution of the Software and/or the Modified
Software, under terms and conditions that it is free to decide. Said
warranty, and the financial terms and conditions of its application,
shall be subject of a separate instrument executed between the Licensor
and the Licensee.
Article 8 - LIABILITY
8.1 Subject to the provisions of Article 8.2, the Licensee shall be
entitled to claim compensation for any direct loss it may have suffered
from the Software as a result of a fault on the part of the relevant
Licensor, subject to providing evidence thereof.
8.2 The Licensor's liability is limited to the commitments made under
this Agreement and shall not be incurred as a result of in particular:
(i) loss due the Licensee's total or partial failure to fulfill its
obligations, (ii) direct or consequential loss that is suffered by the
Licensee due to the use or performance of the Software, and (iii) more
generally, any consequential loss. In particular the Parties expressly
agree that any or all pecuniary or business loss (i.e. loss of data,
loss of profits, operating loss, loss of customers or orders,
opportunity cost, any disturbance to business activities) or any or all
legal proceedings instituted against the Licensee by a third party,
shall constitute consequential loss and shall not provide entitlement to
any or all compensation from the Licensor.
Article 9 - WARRANTY
9.1 The Licensee acknowledges that the scientific and technical
state-of-the-art when the Software was distributed did not enable all
possible uses to be tested and verified, nor for the presence of
possible defects to be detected. In this respect, the Licensee's
attention has been drawn to the risks associated with loading, using,
modifying and/or developing and reproducing the Software which are
reserved for experienced users.
The Licensee shall be responsible for verifying, by any or all means,
the suitability of the product for its requirements, its good working order,
and for ensuring that it shall not cause damage to either persons or
properties.
9.2 The Licensor hereby represents, in good faith, that it is entitled
to grant all the rights over the Software (including in particular the
rights set forth in Article 5).
9.3 The Licensee acknowledges that the Software is supplied "as is" by
the Licensor without any other express or tacit warranty, other than
that provided for in Article 9.2 and, in particular, without any warranty
as to its commercial value, its secured, safe, innovative or relevant
nature.
Specifically, the Licensor does not warrant that the Software is free
from any error, that it will operate without interruption, that it will
be compatible with the Licensee's own equipment and software
configuration, nor that it will meet the Licensee's requirements.
9.4 The Licensor does not either expressly or tacitly warrant that the
Software does not infringe any third party intellectual property right
relating to a patent, software or any other property right. Therefore,
the Licensor disclaims any and all liability towards the Licensee
arising out of any or all proceedings for infringement that may be
instituted in respect of the use, modification and redistribution of the
Software. Nevertheless, should such proceedings be instituted against
the Licensee, the Licensor shall provide it with technical and legal
assistance for its defense. Such technical and legal assistance shall be
decided on a case-by-case basis between the relevant Licensor and the
Licensee pursuant to a memorandum of understanding. The Licensor
disclaims any and all liability as regards the Licensee's use of the
name of the Software. No warranty is given as regards the existence of
prior rights over the name of the Software or as regards the existence
of a trademark.
Article 10 - TERMINATION
10.1 In the event of a breach by the Licensee of its obligations
hereunder, the Licensor may automatically terminate this Agreement
thirty (30) days after notice has been sent to the Licensee and has
remained ineffective.
10.2 A Licensee whose Agreement is terminated shall no longer be
authorized to use, modify or distribute the Software. However, any
licenses that it may have granted prior to termination of the Agreement
shall remain valid subject to their having been granted in compliance
with the terms and conditions hereof.
Article 11 - MISCELLANEOUS
11.1 EXCUSABLE EVENTS
Neither Party shall be liable for any or all delay, or failure to
perform the Agreement, that may be attributable to an event of force
majeure, an act of God or an outside cause, such as defective
functioning or interruptions of the electricity or telecommunications
networks, network paralysis following a virus attack, intervention by
government authorities, natural disasters, water damage, earthquakes,
fire, explosions, strikes and labor unrest, war, etc.
11.2 Any failure by either Party, on one or more occasions, to invoke
one or more of the provisions hereof, shall under no circumstances be
interpreted as being a waiver by the interested Party of its right to
invoke said provision(s) subsequently.
11.3 The Agreement cancels and replaces any or all previous agreements,
whether written or oral, between the Parties and having the same
purpose, and constitutes the entirety of the agreement between said
Parties concerning said purpose. No supplement or modification to the
terms and conditions hereof shall be effective as between the Parties
unless it is made in writing and signed by their duly authorized
representatives.
11.4 In the event that one or more of the provisions hereof were to
conflict with a current or future applicable act or legislative text,
said act or legislative text shall prevail, and the Parties shall make
the necessary amendments so as to comply with said act or legislative
text. All other provisions shall remain effective. Similarly, invalidity
of a provision of the Agreement, for any reason whatsoever, shall not
cause the Agreement as a whole to be invalid.
11.5 LANGUAGE
The Agreement is drafted in both French and English and both versions
are deemed authentic.
Article 12 - NEW VERSIONS OF THE AGREEMENT
12.1 Any person is authorized to duplicate and distribute copies of this
Agreement.
12.2 So as to ensure coherence, the wording of this Agreement is
protected and may only be modified by the authors of the License, who
reserve the right to periodically publish updates or new versions of the
Agreement, each with a separate number. These subsequent versions may
address new issues encountered by Free Software.
12.3 Any Software distributed under a given version of the Agreement
may only be subsequently distributed under the same version of the
Agreement or a subsequent version.
Article 13 - GOVERNING LAW AND JURISDICTION
13.1 The Agreement is governed by French law. The Parties agree to
endeavor to seek an amicable solution to any disagreements or disputes
that may arise during the performance of the Agreement.
13.2 Failing an amicable solution within two (2) months as from their
occurrence, and unless emergency proceedings are necessary, the
disagreements or disputes shall be referred to the Paris Courts having
jurisdiction, by the more diligent Party.
Version 1.0 dated 2006-07-12.

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vhf Public License
Below is a version of the license for the vhf Free Software. The license is
called the vhf Public License (or "vhfPL"), and is an Open Source license.
It is thus appropriate for people wishing to write software as Open Source
where all source code to the software is made available to all users and can
be freely modified and redistributed.
To use the vhf software or develop software based on vhf software, you have
to meet the requirements in the vhfPL.
----------------------------------------------------------------------------
vhf PUBLIC LICENSE (vhfPL)
Version 1.1, February 2004
Copyright (C) 2003/2004 vhf interservice GmbH,
Im Marxle 3, 72119 Altingen, Germany.
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
This license applies to any software containing a notice placed by the
copyright holder saying that it may be distributed under the terms of this
vhf Public License. Such software is herein referred to as vhf Software.
This license covers modification and distribution of the vhf software, use
of third-party application programs based on the vhf software, and
development of free software which uses the vhf software.
Granted Rights
1. You are granted the rights set forth in this license provided you agree
to any and all conditions in this license. Whole or partial distribution
of the vhf software in any form signifies acceptance of this license.
2. You may copy and distribute the vhf software provided that
the entire package is distributed, including this License.
3. You may make modifications to the vhf software files and distribute your
modifications. The following restrictions apply to modifications:
a. You must cause the modified files to carry prominent notices
stating that you changed the files and the date of any change.
b. Modifications must not alter or remove any copyright notices in the
vhf software.
4. You may distribute the vhf software (or work based on it) in
objective code or machine-executable forms, provided that you
meet these restrictions:
a. You accompany the vhf software with this license.
b. You must ensure that all recipients of the machine-executable
forms are also able to receive the complete machine-readable
source code to the distributed vhf software, including all
modifications, without any charge beyond the costs of data
transfer.
c. You ensure that all modifications included in the
machine-executable forms are available under the terms of this
license.
5. You may use the original or modified versions of the vhf software
to compile, link and run application programs developed by you or
third parties under this license.
6. You may develop application programs, reusable components (eg. Bundles)
and other software items that link with the original or modified
versions of the vhf software. These items, when distributed in
machine-executable form, have the following restrictions:
a. You must ensure that all recipients of the machine-executable
forms of these items are also able to receive the complete
source code to the items without any charge beyond the costs of
data transfer.
b. You must explicitly license all recipients of your items to use
and re-distribute original and modified versions of the items
under terms identical to those under which they received the items.
7. The trademarks or software titles 'vhf', 'Cenon' etc. may be used for
promoting software, products or services which use or contain the
vhf software.
The associated names of the authors of the vhf software may not be used
to endorse or promote products or services derived from or linking the
vhf Software without specific prior written permission.
Limitations of Liability
In no event shall the authors of the vhf software or the copyright holder
or their employers be liable for any lost revenue or profits or other
direct, indirect, special, incidental or consequential damages, even if
they have been advised of the possibility of such damages.
No Warranty
The vhf software is provided AS IS with NO WARRANTY OF ANY KIND,
INCLUDING THE WARRANTY OF DESIGN, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
----------------------------------------------------------------------------
Copyright (C) 2003 vhf interservice GmbH service@vhf.de

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sdk_container/src/third_party/portage-stable/licenses/ChexQuest3 vendored
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Chex (R) and Chex Quest (R) are trademarks of General Mills, Inc. Chex Quest 3 cannot be bought or sold under any circumstances.

136
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The Clarified Artistic License
Preamble
The intent of this document is to state the conditions under which a
Package may be copied, such that the Copyright Holder maintains some
semblance of artistic control over the development of the package,
while giving the users of the package the right to use and distribute
the Package in a more-or-less customary fashion, plus the right to make
reasonable modifications.
Definitions:
"Package" refers to the collection of files distributed by the
Copyright Holder, and derivatives of that collection of files
created through textual modification.
"Standard Version" refers to such a Package if it has not been
modified, or has been modified in accordance with the wishes
of the Copyright Holder as specified below.
"Copyright Holder" is whoever is named in the copyright or
copyrights for the package.
"You" is you, if you're thinking about copying or distributing
this Package.
"Distribution fee" is a fee you charge for providing a copy
of this Package to another party.
"Freely Available" means that no fee is charged for the right to
use the item, though there may be fees involved in handling the
item. It also means that recipients of the item may redistribute
it under the same conditions they received it.
1. You may make and give away verbatim copies of the source form of the
Standard Version of this Package without restriction, provided that you
duplicate all of the original copyright notices and associated disclaimers.
2. You may apply bug fixes, portability fixes and other modifications
derived from the Public Domain, or those made Freely Available, or from
the Copyright Holder. A Package modified in such a way shall still be
considered the Standard Version.
3. You may otherwise modify your copy of this Package in any way, provided
that you insert a prominent notice in each changed file stating how and
when you changed that file, and provided that you do at least ONE of the
following:
a) place your modifications in the Public Domain or otherwise make them
Freely Available, such as by posting said modifications to Usenet or an
equivalent medium, or placing the modifications on a major network
archive site allowing unrestricted access to them, or by allowing the
Copyright Holder to include your modifications in the Standard Version
of the Package.
b) use the modified Package only within your corporation or organization.
c) rename any non-standard executables so the names do not conflict
with standard executables, which must also be provided, and provide
a separate manual page for each non-standard executable that clearly
documents how it differs from the Standard Version.
d) make other distribution arrangements with the Copyright Holder.
e) permit and encourge anyone who receives a copy of the modified Package
permission to make your modifications Freely Available
in some specific way.
4. You may distribute the programs of this Package in object code or
executable form, provided that you do at least ONE of the following:
a) distribute a Standard Version of the executables and library files,
together with instructions (in the manual page or equivalent) on where
to get the Standard Version.
b) accompany the distribution with the machine-readable source of
the Package with your modifications.
c) give non-standard executables non-standard names, and clearly
document the differences in manual pages (or equivalent), together
with instructions on where to get the Standard Version.
d) make other distribution arrangements with the Copyright Holder.
e) offer the machine-readable source of the Package, with your
modifications, by mail order.
5. You may charge a distribution fee for any distribution of this Package.
If you offer support for this Package, you may charge any fee you choose
for that support. You may not charge a license fee for the right to use
this Package itself. You may distribute this Package in aggregate with
other (possibly commercial and possibly nonfree) programs as part of a
larger (possibly commercial and possibly nonfree) software distribution,
and charge license fees for other parts of that software distribution,
provided that you do not advertise this Package as a product of your own.
If the Package includes an interpreter, You may embed this Package's
interpreter within an executable of yours (by linking); this shall be
construed as a mere form of aggregation, provided that the complete
Standard Version of the interpreter is so embedded.
6. The scripts and library files supplied as input to or produced as
output from the programs of this Package do not automatically fall
under the copyright of this Package, but belong to whoever generated
them, and may be sold commercially, and may be aggregated with this
Package. If such scripts or library files are aggregated with this
Package via the so-called "undump" or "unexec" methods of producing a
binary executable image, then distribution of such an image shall
neither be construed as a distribution of this Package nor shall it
fall under the restrictions of Paragraphs 3 and 4, provided that you do
not represent such an executable image as a Standard Version of this
Package.
7. C subroutines (or comparably compiled subroutines in other
languages) supplied by you and linked into this Package in order to
emulate subroutines and variables of the language defined by this
Package shall not be considered part of this Package, but are the
equivalent of input as in Paragraph 6, provided these subroutines do
not change the language in any way that would cause it to fail the
regression tests for the language.
8. Aggregation of the Standard Version of the Package with a commercial
distribution is always permitted provided that the use of this Package
is embedded; that is, when no overt attempt is made to make this Package's
interfaces visible to the end user of the commercial distribution.
Such use shall not be construed as a distribution of this Package.
9. The name of the Copyright Holder may not be used to endorse or promote
products derived from this software without specific prior written permission.
10. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The End

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The Clear BSD License
This is a license template.
Copyright (c) <xxxx>-<xxxx> <Owner Organization>
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted (subject to the limitations in the
disclaimer below) provided that the following conditions are met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the
distribution.
* Neither the name of <Owner Organization> nor the names of its
contributors may be used to endorse or promote products derived
from this software without specific prior written permission.
NO EXPRESS OR IMPLIED LICENSES TO ANY PARTY'S PATENT RIGHTS ARE
GRANTED BY THIS LICENSE. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT
HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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END USER LICENSE AGREEMENT For REAPER®
IMPORTANT: This REAPER® ("Software") End User License Agreement ("EULA") is a legal agreement between you (either an individual or, if purchased for an entity, an entity) and Cockos Incorporated ("Cockos"). READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THIS SOFTWARE. It provides a license to use this software and contains warranty and liability disclaimers. BY DOWNLOADING OR INSTALLING THE SOFTWARE YOU ARE INDICATING YOUR FULL AND VOLUNTARY ASSENT TO THE TERMS OF THIS LICENSE. If you do not agree to all of the following terms, do not download or install the software or discontinue use immediately and destroy all copies on your computer.
1. License Grants and Purchase:
1.1 Trial Period License. You may download and use the Software for free for sixty (60) days after installation ("Trial Period"). During the Trial Period, Cockos grants you a limited, non-exclusive and non-transferable license to copy and use the Software for evaluation purposes only. The evaluation copy of the Software is fully functional.
1.2 License After Trial Period. If you continue to use this Software after the Trial Period, you are required to purchase a license. The license fee varies according to your use, as follows:
a) A commercial license currently is $225.00 USD.
b) The following users are granted permission to purchase a discounted license for $60 USD:
i) You are an individual, using REAPER® only for personal and non-commercial uses.
ii) You are either an individual or business, using REAPER® for a commercial purpose, and your annual gross revenue derived from commercial activity does not exceed $20,000 USD.
iii) You are an educational or other non-profit organization.
1.3 To Purchase License. To purchase one of the licenses specified above, visit our web site at http://www.reaper.fm and follow the links.
1.4 Those interested in licensing REAPER® for any other purpose should contact Cockos Incorporated at licensing@cockos.com.
1.5 Subject to the terms and conditions of this Agreement, you are granted a limited non-exclusive license to use the Software on one (1) computer any given time. This License is not a sale of the Software or any other copy. Cockos retains title and ownership of the Software and documentation, including all intellectual property rights. No title to the intellectual property in the Software is transferred to you. You will not acquire any rights to the Software except as expressly set forth herein.
1.6 Said purchased license shall apply to the current version of REAPER® and any future versions of REAPER® up through and including version 8.99.
1.7 Cockos reserves the right within its sole discretion to modify the terms of its license for all future versions of REAPER®.
2. End User Support: At Cockos’ discretion, Cockos may provide limited support through email or discussion forums at http://www.reaper.fm.
3. License Restrictions:
3.1 You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
3.2 You may not sell, rent, lease, sublicense, transfer, resell for profit or otherwise distribute the Software, its documentation, or any part thereof.
3.3 You may not modify the Software or create derivative works based upon the Software. However, you may develop, distribute, and sell plug-ins and extension software that interacts with REAPER® using the VST, Audio Units, or REAPER® Extensions APIs, provided that such activity does not conflict with any other provision of this Agreement. (Use of third party APIs may require you to enter into additional legal agreements with the third party. Use of the REAPER® Extensions API does not require any additional legal agreement.)
3.4 You may not remove or obscure any copyright and trademark notices relating to the Software.
3.5 Note that specific included libraries/executables, including SoundTouch, MP3DEC, cdrecord.exe, and FFmpeg, are licensed under the GNU GPL and/or LGPL; these libraries/executables do not have the above restrictions, and we make their source code for these libraries available at http://www.reaper.fm/lgpl
4. Ownership and Intellectual Property Rights: This Agreement gives you limited rights to use the Software. Cockos retains any and all rights, title and interest in and to the Software and all copies thereof, including copyrights, patents, trade secret rights, trademarks and other intellectual property rights. All rights not specifically granted in this Agreement, including International Copyrights, are reserved by Cockos. The structure, organization and code of the Software are valuable trade secrets and confidential information of Cockos.
5. Disclaimer of Warranties: Cockos does not warrant that the Software is error free. Cockos offers the Software “as is” and “with all faults” and by using the Software, you accept it “as is” and “with all faults”. Cockos disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Should the Software prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions may not allow the exclusion of implied warranties, so the above disclaimers may not apply to you.
6. No Refund: Because the Software is provided free of charge during the Trial Period to allow potential customers to evaluate and test it before paying the license fee, Cockos enforces a strict no-refund policy. Please evaluate and test the Software carefully during the Trial Period. Once you pay the license fee, your payment is final and may not be reimbursed.
7. Limitations on Liability: To the maximum extent permitted by applicable law, Cockos shall not be liable for any special, incidental, indirect, or consequential damages whatsoever, (including, but not limited to, damages for loss of profits or loss of confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever), arising out of or in any way related to the use or inability to use the Software, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this EULA, even in event of fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Cockos, and even if Cockos has been advised of the possibility of such damages. In any case, Cockos’ entire liability under the provisions of this EULA or the applicable law shall be limited to the amount paid by you for the Software. Some jurisdictions may not allow the exclusion of consequential damages, so the above limitations and exclusions may not apply to you. This Agreement sets forth Cockos’ entire liability and your exclusive remedy with respect to the Software.
8. Termination of EULA: This Agreement is effective until terminated. This Agreement, including the license to use the Software, will terminate automatically if you fail to comply with any term or condition.
9. General:
9.1 Cockos reserves the right at any time to cease the support of the Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
9.2 If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected.
9.3 This Agreement is to be governed by and construed in accordance with the laws of California. Each party for itself and its property, hereby submits to the jurisdiction and venue of San Francisco, California in relation to any claim or dispute that may arise with respect to this Agreement and any judgment that may be rendered in connection with any such claim or dispute. This Agreement will be will be interpreted as if the agreement were made between California residents and performed entirely within California.
9.4 You may not assign this Agreement. Any attempt by You to assign this Agreement will be null and void.
9.5 This Agreement contains the entire agreement between Cockos and You related to the software and supersedes all prior agreements and understandings, whether oral or written. All questions concerning this Agreement shall be directed to licensing@cockos.com.
10. Software license agreements of third parties:
10.1 Xiph.org's BSD license
- libflac: Copyright (c) 2000-2007 Josh Coalson
- libogg: Copyright (c) 2002, Xiph.org Foundation
- libvorbis: Copyright (c) 2002-2008 Xiph.org Foundation
- libopusfile: Copyright (c) 1994-2013 Xiph.Org Foundation
- libopus: Copyright (c) 2001-2011 Xiph.Org, Skype Limited,
Octasic, Jean-Marc Valin, Timothy B. Terriberry,
CSIRO, Gregory Maxwell, Mark Borgerding,
Erik de Castro Lopo
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
- Neither the name of the Xiph.Org Foundation nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FOUNDATION OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
10.2 r8brain free MIT license
- r8brain free: Copyright (c) 2013-2021 Aleksey Vaneev
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.
© Cockos Incorporated

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@ -1,419 +0,0 @@
CockroachDB Community License Agreement
Please read this CockroachDB Community License Agreement (the "Agreement")
carefully before using CockroachDB (as defined below), which is offered by
Cockroach Labs, Inc. or its affiliated Legal Entities ("Cockroach Labs").
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1. Definitions. In addition to other terms defined elsewhere in this
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editions, as defined below.
(b) "CockroachDB Community Edition" shall mean the open source version of
CockroachDB, available free of charge at
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(c) "Cockroach Enterprise Edition" shall mean the additional features made
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(n) "You" (or "Your") shall mean an individual or Legal Entity exercising
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(a) License to CockroachDB Community Edition. The License for CockroachDB
Community Edition is the Apache License, Version 2.0 ("Apache License").
The Apache License includes a grant of patent license, as well as
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Please see
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for full terms. CockroachDB Community Edition is a no-cost, entry-level
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(a) Fees. The License to CockroachDB Enterprise Edition is conditioned upon
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(c) You must retain, in the Source form of any Derivative Works that You
distribute, all copyright, patent, trademark, and attribution notices
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You may add Your own copyright statement to Your modifications and may
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(e) Enterprise Derivative Works: Derivative Works of CockroachDB Enterprise
Edition ("Enterprise Derivative Works") may be made, reproduced and
distributed in any medium, with or without modifications, in Source or
Object form, provided that each Enterprise Derivative Work will be
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thus will be subject to the payment of fees to Cockroach Labs by any
user of the Enterprise Derivative Work.
7. Submission of Contributions. Unless You explicitly state otherwise, any
Contribution intentionally submitted for inclusion in CockroachDB by You to
Cockroach Labs shall be under the terms and conditions of
https://cla-assistant.io/cockroachdb/cockroach
(which is based off of the Apache License), without any additional terms or
conditions, payments of royalties or otherwise to Your benefit.
Notwithstanding the above, nothing herein shall supersede or modify the
terms of any separate license agreement You may have executed with
Cockroach Labs regarding such Contributions.
8. Trademarks. This License does not grant permission to use the trade names,
trademarks, service marks, or product names of Licensor, except as required
for reasonable and customary use in describing the origin of the Work and
reproducing the content of the NOTICE file.
9. Limited Warranty.
(a) Warranties. Cockroach Labs warrants to You that: (i) CockroachDB
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(b) Exclusions. Cockroach Labs’ warranties in this Section 9 do not extend
to problems that result from: (i) Your failure to implement updates
issued by Cockroach Labs during the warranty period; (ii) any
alterations or additions (including Enterprise Derivative Works and
Contributions) to CockroachDB not performed by or at the direction of
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this Agreement or not in accordance with its documentation; (v) failures
caused by software, hardware or products not licensed or provided by
Cockroach Labs hereunder; or (vi) Third Party Works.
(c) Remedies. In the event of a breach of a warranty under this Section 9,
Cockroach Labs will, at its discretion and cost, either repair, replace
or re-perform the applicable Works or services or refund a portion of
fees previously paid to Cockroach Labs that are associated with the
defective Works or services. This is Your exclusive remedy, and
Cockroach Labs’ sole liability, arising in connection with the limited
warranties herein.
10. Disclaimer of Warranty. Except as set out in Section 9, unless required
by applicable law, Licensor provides the Work (and each Contributor
provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR
CONDITIONS OF ANY KIND, either express or implied, arising out of course
of dealing, course of performance, or usage in trade, including, without
limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, CORRECTNESS, RELIABILITY, or FITNESS FOR A PARTICULAR
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for determining the appropriateness of using or redistributing Works and
assume any risks associated with Your exercise of permissions under the
applicable License for such Works.
11. Limited Indemnity.
(a) Indemnity. Cockroach Labs will defend, indemnify and hold You harmless
against any third party claims, liabilities or expenses incurred
(including reasonable attorneys’ fees), as well as amounts finally
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prompt written notice of any such claim or allegation; (ii) sole control
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and assistance in such defense or settlement. If any Work within
CockroachDB Enterprise Edition becomes or, in Cockroach Labs’ opinion,
is likely to become, the subject of an injunction, Cockroach Labs may,
at its option, (A) procure for You the right to continue using such
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without substantially compromising its functionality, or, if (A) and (B)
are not commercially practicable, then (C) terminate Your license to the
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(b) Exclusions. The foregoing obligations shall not apply to: (i) Works
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unless required by applicable law (such as deliberate and grossly
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13. Accepting Warranty or Additional Liability. While redistributing Works or
Derivative Works thereof, and without limiting your obligations under
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(a) Relationship of Parties. You and Cockroach Labs are independent
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(b) Export Control. You shall comply with the U.S. Foreign Corrupt
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writing and signed by both parties.

47
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@ -1,47 +0,0 @@
Original Source:
Copyright (C) 1995, 1996 Systemics Ltd (http://www.systemics.com/)
All rights reserved.
Modifications:
Copyright (C) 2000-2006 W3Works, LLC
All Rights Reserved
This library and applications are FREE FOR COMMERCIAL AND NON-COMMERCIAL USE
as long as the following conditions are adhered to.
Copyright remains with Systemics Ltd & W3Works LLC respectively, and as
such any Copyright notices in the code are not to be removed. If this
code is used in a product, Systemics & W3Works should be given attribution
as the author of the parts used. This can be in the form of a textual
message at program startup or in documentation (online or textual) provided
with the package.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software
must display the following acknowledgement:
This product includes software developed by Systemics Ltd (http://www.systemics.com/) and W3Works, LLC
THIS SOFTWARE IS PROVIDED BY SYSTEMICS LTD ``AS IS'' AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
The licence and distribution terms for any publically available version or
derivative of this code cannot be changed. i.e. this code cannot simply be
copied and put under another distribution licence
[including the GNU Public Licence.]

39
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@ -1,39 +0,0 @@
* Distributed Checksum Clearinghouse
*
* Copyright (c) 2005 by Rhyolite Software, LLC
*
* This agreement is not applicable to any entity which sells anti-spam
* solutions to others or provides an anti-spam solution as part of a
* security solution sold to other entities, or to a private network
* which employs the DCC or uses data provided by operation of the DCC
* but does not provide corresponding data to other users.
*
* Permission to use, copy, modify, and distribute this software for any
* purpose with or without fee is hereby granted, provided that the above
* copyright notice and this permission notice appear in all copies.
*
* Parties not eligible to receive a license under this agreement can
* obtain a commercial license to use DCC and permission to use
* U.S. Patent 6,330,590 by contacting Commtouch at http://www.commtouch.com/
* or by email to nospam@commtouch.com.
*
* THE SOFTWARE IS PROVIDED "AS IS" AND RHYOLITE SOFTWARE, LLC DISCLAIMS ALL
* WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES
* OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL RHYOLITE SOFTWARE, LLC
* BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES
* OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
* WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
* ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS
* SOFTWARE.
---
* Some parts including dcclib/getopt.c and include/sendmail-sysexits.h
* Copyright (c) 1987, 1993, 1994
* The Regents of the University of California. All rights reserved.
* Some other parts including dcclib/inet_ntop.c
* Copyright (c) 1996-1999 by Internet Software Consortium.
* Some other parts including autoconf/install-sh
* Copyright 1991 by the Massachusetts Institute of Technology

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@ -1,51 +0,0 @@
Copyright (C) 1995-1997 Eric Young (eay@cryptsoft.com)
All rights reserved.
This package is an DES implementation written by Eric Young (eay@cryptsoft.com).
The implementation was written so as to conform with MIT's libdes.
This library is free for commercial and non-commercial use as long as
the following conditions are aheared to. The following conditions
apply to all code found in this distribution.
Copyright remains Eric Young's, and as such any Copyright notices in
the code are not to be removed.
If this package is used in a product, Eric Young should be given attribution
as the author of that the SSL library. This can be in the form of a textual
message at program startup or in documentation (online or textual) provided
with the package.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software
must display the following acknowledgement:
This product includes software developed by Eric Young (eay@cryptsoft.com)
THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
The license and distribution terms for any publically available version or
derivative of this code cannot be changed. i.e. this code cannot simply be
copied and put under another distrubution license
[including the GNU Public License.]
The reason behind this being stated in this direct manner is past
experience in code simply being copied and the attribution removed
from it and then being distributed as part of other packages. This
implementation was a non-trivial and unpaid effort.

88
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LIMITED USE SOFTWARE LICENSE AGREEMENT
This Limited Use Software License Agreement (the "Agreement") is a legal agreement between you, the end-user, and Id Software, Inc. ("ID") and Activision, Inc. ("Activision"). BY CONTINUING THE INSTALLATION OF THE FULL VERSION GAME PROGRAM ENTITLED DOOM COLLECTOR'S EDITION (THE "SOFTWARE"), BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER RAM OR OTHER STORAGE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1. Grant of License for Software. Subject to the terms and provisions of this Agreement and so long as you fully comply at all times with this Agreement, ID grants to you the non-exclusive and limited right to use the Software in executable or object code form. The term "Software" includes all elements of the Software such as data files, images appearing in the Software, and screen displays. You are not receiving any ownership or proprietary right, title or interest in or to the Software or the copyrights, trademarks, or other rights related thereto. For purposes of the first sentence of this section, "use" means loading the Software into RAM and/or onto computer hard drive, as well as installation of the Software on a hard disk or other storage device, and means the uses permitted in sections 2. and 4. hereinbelow. You agree that the Software will not be shipped, transferred or exported into any country in violation of the U.S. Export Administration Act (or any other law governing such matters) by you or any one at your direction and that you will not utilize and will not authorize anyone to utilize, in any other manner, the Software in violation of any applicable law. The Software shall not be exported or re-exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone or into any country who/which are prohibited, by applicable law, from receiving such property.
2. Permitted New Creations. Subject to the terms and provisions of this Agreement and so long as you fully comply at all times with this Agreement, ID grants to you the non-exclusive and limited right to create for the Software (except any Software code) your own modifications (the "New Creations") which shall operate only with the Software (but not any demo, test or other version of the Software). ID reserves all rights not granted in this Agreement, including, without limitation, all rights to ID's trademarks. You may include within the New Creations certain textures and other images (the "ID Images") from the Software. You shall not create any New Creations which infringe against any third party right or which are libelous, defamatory, obscene, false, misleading, or otherwise illegal or unlawful. You agree that the New Creations will not be shipped, transferred or exported into any country in violation of the U.S. Export Administration Act
(or any other law governing such matters) by you or anyone at your direction and that you will not utilize and will not authorize anyone to utilize, in any other manner, the New Creations in violation of any applicable law. The New Creations shall not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone or into any country who/which are prohibited, by applicable law, from receiving such property. You shall not rent, sell, lease, lend, offer on a pay-per-play basis or otherwise commercially exploit or commercially distribute the New Creations. You are only permitted to distribute, without any cost or charge, the New Creations to other end-users so long as such distribution is not infringing against any third party right and is not otherwise illegal or unlawful. As noted below, in the event you commit any breach of this Agreement, your license and
this Agreement shall automatically terminate, without notice. You hereby agree to indemnify, defend and hold harmless ID and Activision and ID's and Activision's respective officers, employees, directors, agents, licensees (excluding you), sub-licensees (excluding you), successors and assigns from and against all losses, lawsuits, damages, causes of action and claims relating to and/or arising from the New Creations or the distribution or other use of the New Creations or relating to and/or arising from your breach of this Agreement. Your obligations set forth in the immediately preceding sentence shall survive the cancellation or termination of this Agreement.
3. Prohibitions with Regard to Software. You, whether directly or indirectly, shall not do any of the following acts:
a. rent the Software;
b. sell the Software;
c. lease or lend the Software;
d. offer the Software on a pay-per-play basis;
e. distribute the Software by any means, including, but not limited to, Internet or other electronic distribution, direct mail, retail, mail order or other means;
f. in any other manner and through any medium whatsoever commercially exploit the Software or use the Software for any commercial purpose;
g. disassemble, reverse engineer, decompile, modify (except as permitted by section 2. hereinabove) or alter the Software;
h. translate the Software;
i. reproduce or copy the Software (except as permitted by section 4. hereinbelow);
j. publicly display the Software; or
k. prepare or develop derivative works based upon the Software.
4. Permitted Copying. You may make only the following copies of the Software: (i) you may copy the Software from the CD ROM which you purchase onto your computer hard drive; (ii) you may copy the Software from your computer hard drive into your computer RAM; and (iii) you may make one (1) "back up" or archival copy of the Software on one (1) hard disk.
5. Intellectual Property Rights. Certain printed materials (the "Printed Materials") accompany the Software. The Software and the Printed Materials and all copyrights, trademarks and all other conceivable intellectual property rights related to the Software and the Printed Materials are owned by ID and are protected by United States copyright laws, international treaty provisions and all applicable law, such as the Lanham Act. You must treat the Software and the Printed Materials like any other copyrighted material, as required by 17 U.S.C., §101 et seq. and other applicable law. You agree to use your best efforts to see that any user of the Software licensed hereunder, the Printed Materials or the New Creations complies with this Agreement. You agree that you are receiving a copy of the Software and the Printed Materials by license only and not by sale and that the "first sale" doctrine of 17 U.S.C. §109 does not apply to your receipt or use of the
Software or the Printed Materials. This section 5. shall survive the cancellation or termination of this Agreement.
6. No ID Warranties.
ID DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE, THE PRINTED MATERIALS AND THE ID IMAGES. ID DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS. ADDITIONAL STATEMENTS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ID AND SHOULD NOT BE RELIED UPON. This section 6. shall survive the cancellation or termination of this Agreement.
7. Limited Activision Warranty. Activision warrants to the original consumer purchaser of the Software that the recording medium on which the Software is recorded will be free from defects in material and workmanship for 90 days from the date of purchase. If the recording medium is found defective within 90 days of original purchase, Activision agrees to replace, free of charge, any Software discovered to be defective within such period upon its receipt of the Software, postage paid, with the proof of the date of purchase, as long as the Software is still being manufactured by Activision. In the event that the Software is no longer available, Activision retains the right to substitute a similar game program of equal or greater value. This warranty is limited to the recording medium containing the Software as originally provided by Activision and is not applicable to normal wear and tear. This warranty shall not be applicable and shall be void if the
defect has arisen through abuse, mistreatment or neglect.
EXCEPT AS SET FORTH ABOVE, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE ACTIVISION.
When returning the Software for warranty replacement, the original Software disks must be sent only in a protective packaging and include: (1) photocopy of your dated sales receipt; (2) your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) you are encountering and the system on which you are running the Software; (4) if you are returning the Software after the 90-day warranty period, but within one year after the date of purchase, please include check or money order for $10 U.S. (A$17 for Australia, or £10.00 for Europe) currency per CD or floppy disk replacement. Note: Certified mail recommend.
In the U.S. send to
Warranty Replacements
Activision, Inc.
P.O. Box 67713
Los Angeles, CA 90067
In Europe send to:
WARRANTY REPLACEMENTS
ACTIVISION (UK) Ltd.
Parliament House
St Laurence Way
Slough, Berkshire
SL1 2BW
United Kingdom
Disc Replacement: + (44) 1753 756 189
In Australia and Asia Pacific territories send to:
Warranty Replacements
Activision
Century Plaza
41 Rawson Street
Epping, NSW 2121
Australia
8. Governing Law, Venue, and Liability Limitation. This Agreement shall be construed in accordance with and governed by the applicable laws of the State of Texas and applicable United States federal law. Copyright and other proprietary matters will be governed by applicable United States laws and international treaties. Except as set forth below, exclusive venue for all litigation regarding this Agreement shall be in Dallas County, Texas and you agree to submit to the jurisdiction of the courts in Dallas, Texas for any such litigation. Exclusive venue for all litigation involving Activision, but not involving ID, with regard to this Agreement shall be in Los Angeles County, California and you agree to submit to the jurisdiction of the courts in Los Angeles, California for any such litigation. You agree that your unauthorized use of the ID Images, the Printed Materials, or the Software, or any part thereof, may immediately and irreparably damage ID such that ID
could not be adequately compensated solely by a monetary award and that at ID's option ID shall be entitled to an injunctive order, in addition to all other available remedies including a monetary award, appropriately restraining and/or prohibiting such unauthorized use without the necessity of ID posting bond or other security.
IN ANY CASE, ID, ACTIVISION, AND ID'S AND ACTIVISION'S RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSEES (EXCLUDING YOU), SUBLICENSEES (EXCLUDING YOU), SUCCESSORS OR ASSIGNS SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER SIMILAR DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL THEORY EVEN IF ID, ACTIVISION OR THEIR RESPECTIVE AGENT(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF SUCH DAMAGES ARE FORESEEABLE, OR LIABLE FOR ANY CLAIM BY ANY OTHER
PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This section 8. shall survive the cancellation or termination of this Agreement.
9. U.S. Government Restricted Rights. To the extent applicable, the United States Government shall only have those rights to use the Software and the Printed Materials as expressly stated and expressly limited and restricted in this Agreement, as provided in 48 C.F.R. §§ 227.7201 through 227.7204, inclusive.
10. General Provisions. Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed by you. ID and Activision each may assign its respective rights under this Agreement in the assigning party's sole discretion. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court of competent jurisdiction, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable by a court of competent jurisdiction, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of ID or Activision to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. Immediately upon your failure to comply with or breach of any term or provision of this Agreement,
YOUR LICENSE AND THIS AGREEMENT SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE, AND ID AND ACTIVISION MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU WHICH ARE AVAILABLE UNDER APPLICABLE LAW AND/OR THIS AGREEMENT. In the event this Agreement is terminated, you shall have no right to use the Software, the Printed Materials or the New Creations, in any manner, and you shall immediately destroy all copies of the Software, the Printed Materials and the New Creations in your possession, custody or control.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN ID, ACTIVISION AND YOU, IF ANY, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN ID, ACTIVISION AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

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DUKE NUKEM 3D (tm),
including all versions, patches and upgrades (the "Game")
Copyright 1996 3D Realms Entertainment - a division of Apogee Software, Ltd.
P.O. Box 496419, Garland, TX 75049
TEL: 1+214-271-2137 ("3D Realms"). All rights reserved.
BY COPYING OR USING THIS PROGRAM, YOU INDICATE YOUR AGREEMENT TO THE FOLLOWING
TERMS, WHICH ARE THE ONLY ONES BY WHICH 3D REALMS PERMITS COPYING OR USE. THIS
PROGRAM IS NOT SHAREWARE. DISTRIBUTING IT WITHOUT 3D REALMS' PERMISSION IS
ILLEGAL.
[1] OWNERSHIP. Except to the extent expressly licensed by us, we have and
reserve the exclusive copyright, trade secret and other rights to the
Program, and the right to use the Trademarks "3D Realms", the 3D Realms
"logo", "Duke Nukem", "Duke Nukem 3D" and any of the characters contained
within the Game in connection with it.
[2] USE AND COPIES. You may use the Program only for your own purposes "just
like a book". This permits use by any number of people on any number of
machines to use it so long as -- just like a book -- there is NO
POSSIBILITY that more than one copy will be used at a time. You have no
right to copy this Program except for legal backups.
[3] NEW LEVELS.
"New Levels" are data that modify or substitute for Game data, thus
modifying or replacing one or more Game levels. Creating or distributing
a New Level or a software tool that has no substantial purpose other than
to contribute to the creation of a New Level infringes rights of 3D Realms
and is prohibited by law except as permitted by 3D Realms. 3D REALMS
PERMITS NEW LEVELS ONLY THAT MEET ALL OF THE FOLLOWING CONDITIONS:
[A] The Level must only work with a RETAIL episode of the Game. It must NOT
work with this Episode One.
[B] The level must not contain modifications to any COM, EXE, or DLL, or to
other executable file.
[C] The level must not contain any illegal material, or (without
appropriate irrevocable licenses) any trademarks, copyright protected
work, or other property of third parties.
[D] The level must prominently identify at least in every online description
and with reasonable duration on an opening screen
(1) the name and email address of the level's creators, and
(2) the words "THIS LEVEL IS NOT MADE BY OR SUPPORTED BY 3D REALMS".
[E] The level and any use of it must be offered solely for free (other than
any incidental online charges).
[F] By distributing or permitting the distribution of any New Level, all
owners of any trademark, copyright or other right, title or interest
therein (to the extent different from the Game as originally distributed
by 3D Realms) grant back to 3D Realms an irrevocable royalty free right
to distribute the level.
[G] The distributor of any New Level or Level Editor must be authorized to
distribute the Game itself (either in writing, or by being within a
category where no writing is needed under this LICENSE.DOC).
[4] LIMITED WARRANTY AND LIMITATION OF REMEDIES
If this Program (including any related written material) contained a
physical defect, you may receive a replacement if you return it within
90 days of receiving it from 3D Realms. Aside from this, IT IS PROVIDED
"AS-IS", AND NO WARRANTIES OF ANY KIND (INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), EXPRESS OR IMPLIED,
ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON. OUR ENTIRE LIABILITY AND
YOUR EXCLUSIVE REMEDY IS SUCH REPLACEMENT, AND UNDER NO CIRCUMSTANCES WILL
WE PROVIDE ANY OTHER REMEDY FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL,
PUNITIVE, INCIDENTAL OR OTHER DAMAGES ARISING FROM IT, INCLUDING SUCH FROM
NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY OR CONTRACT, EVEN AFTER
NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the
exclusion or limitation of implied warranties or liability for incidental
or consequential damages, so this may not apply to buyers of the Program.
This gives you specific legal rights, and you may also have other rights
which vary from state to state.
[5] MISCELLANY
[A] With respect to every matter arising under this, you consent to the
exclusive jurisdiction and venue of the state and federal courts
sitting in Dallas, Texas and to service by certified mail, return
receipt requested, or as otherwise permitted by law.
[B] You will not modify, reverse compile, disassemble, or reverse engineer
the Program, or use or disclose any of our secret information that it
contains.
[V.04.18.96]

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/* _______ ____ __ ___ ___
* \ _ \ \ / \ / \ \ / / ' ' '
* | | \ \ | | || | \/ | . .
* | | | | | | || ||\ /| |
* | | | | | | || || \/ | | ' ' '
* | | | | | | || || | | . .
* | |_/ / \ \__// || | |
* /_______/ynamic \____/niversal /__\ /____\usic /| . . ibliotheque
* / \
* / . \
* licence.txt - Conditions for use of DUMB. / / \ \
* | < / \_
* If you do not agree to these terms, please | \/ /\ /
* do not use DUMB. \_ / > /
* | \ / /
* Information in [brackets] is provided to aid | ' /
* interpretation of the licence. \__/
*/
Dynamic Universal Music Bibliotheque, Version 0.9.3
Copyright (C) 2001-2005 Ben Davis, Robert J Ohannessian and Julien Cugniere
This software is provided 'as-is', without any express or implied warranty.
In no event shall the authors be held liable for any damages arising from the
use of this software.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter it and redistribute it
freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim
that you wrote the original software. If you use this software in a
product, you are requested to acknowledge its use in the product
documentation, along with details on where to get an unmodified version of
this software, but this is not a strict requirement.
[Note that the above point asks for a link to DUMB, not just a mention.
Googling for DUMB doesn't help much! The URL is "http://dumb.sf.net/".]
[The link was originally strictly required. This was changed for two
reasons. Firstly, if many projects request an acknowledgement, the list of
acknowledgements can become quite unmanageable. Secondly, DUMB was placing
a restriction on the code using it, preventing people from using the GNU
General Public Licence which disallows any such restrictions. See
http://www.gnu.org/philosophy/bsd.html for more information on this
subject. However, if DUMB plays a significant part in your project, we do
urge you to acknowledge its use.]
2. Altered source versions must be plainly marked as such, and must not be
misrepresented as being the original software.
3. This notice may not be removed from or altered in any source distribution.
4. If you are using the Program in someone else's bedroom on any Monday at
3:05 pm, you are not allowed to modify the Program for ten minutes. [This
clause provided by Inphernic; every licence should contain at least one
clause, the reasoning behind which is far from obvious.]
5. Users who wish to use DUMB for the specific purpose of playing music are
required to feed their dog on every full moon (if deemed appropriate).
[This clause provided by Allefant, who couldn't remember what Inphernic's
clause was.]
6. No clause in this licence shall prevent this software from being depended
upon by a product licensed under the GNU General Public Licence. If such a
clause is deemed to exist, Debian, then it shall be respected in spirit as
far as possible and all other clauses shall continue to apply in full
force.
8. Take the number stated as introducing this clause. Multiply it by two,
then subtract four. Now insert a '+' between the two digits and evaluate
the resulting sum. Call the result 'x'. If you have not yet concluded that
every numbered clause in this licence whose ordinal number is strictly
greater than 'x' (with the exception of the present clause) is null and
void, Debian, then you are hereby informed that laughter is good for one's
health and you are warmly suggested to do it. By the way, Clauses 4, 5 and
6 are null and void. Incidentally, I like Kubuntu. The work you guys do is
awesome. (Lawyers, on the other hand ...)
We regret that we cannot provide any warranty, not even the implied warranty
of merchantability or fitness for a particular purpose.
Some files generated or copied by automake, autoconf and friends are
available in an extra download. These fall under separate licences but are
all free to distribute. Please check their licences as necessary.

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DXX-REBIRTH LICENSE
====================
The original Descent source release is copyright by Parallax and subject
to the Parallax license below. Contributions from the D1X/D2X ("DXX")
and D1X-Rebirth/D2X-Rebirth ("Rebirth") projects are copyright their
respective contributors. The DXX and Rebirth contributors grant you
permission to convey their work, with or without modifications, pursuant
to the terms of the GNU General Public License, version 3 ("GPLv3"). As
a special exception, in recognition of the restrictions imposed by the
original Parallax license, you are excused from GPLv3 requirements that
conflict with the restrictions of the original Parallax license, but
only to the extent that such excuse is required to prevent a conflict
between the terms of the original Parallax license and the GNU General
Public License v3. This special exception is an "Additional permission"
as defined by section 7 of the GNU General Public License v3. All
provisions of the GPLv3 that can be satisfied without violating the
original Parallax license must be satisfied to the greatest extent
possible without violating the original Parallax license. Failure to
satisfy any non-excused GPLv3 provision is expressly prohibited under
this license, and is therefore void and is handled pursuant to GPLv3
section 8 "Termination.", exactly as would occur for a non-permitted
propagation or modification of a GPLv3 covered work that had no special
exceptions.
For purposes of this document, "copyright by Parallax" shall include any
subsequent entities to which some or all of the Parallax copyrights were
transferred, without regard to how the transfer occurred. In the event
that you are permitted to convey the material originally copyright by
Parallax under terms other than the original Parallax license below,
whether due to a general relicensing by the appropriate copyright
holders, due to special permission from the appropriate copyright
holders, or any other circumstance, the contributions from the DXX and
Rebirth projects remain subject to the GNU General Public License,
version 3. The special exception described in the preceding paragraph
excuses only conflicts with the original Parallax license. If a
subsequent license to the Parallax work conflicts with the GPLv3 in any
way that the original Parallax license did not conflict, then such new
conflicts are not excused. As detailed in GPLv3 section 12 "No
Surrender of Others' Freedom.", if you cannot simultaneously satisfy the
non-excused terms of the GPLv3 and all other conditions imposed on you,
then you may not convey the GPLv3 covered work at all.
Additionally, if you are permitted to convey the material originally
copyright by Parallax under terms other than the original Parallax
license, and such new permission allows you to comply with the GPLv3 to
a greater extent than the original Parallax license allowed, and you
convey the covered work or a portion thereof, then such conveyance must
comply with all GPLv3 terms which can be satisfied without violating the
permission under which you convey the material originally copyright by
Parallax.
See GPL-3.txt for further details on the GPLv3.
For project history and its contributors, please visit the
DXX-Rebirth GIT repository at https://github.com/dxx-rebirth/dxx-rebirth/
PARALLAX LICENSE
================
THE COMPUTER CODE CONTAINED HEREIN IS THE SOLE PROPERTY OF PARALLAX
SOFTWARE CORPORATION ("PARALLAX"). PARALLAX, IN DISTRIBUTING THE CODE TO
END-USERS, AND SUBJECT TO ALL OF THE TERMS AND CONDITIONS HEREIN, GRANTS A
ROYALTY-FREE, PERPETUAL LICENSE TO SUCH END-USERS FOR USE BY SUCH END-USERS
IN USING, DISPLAYING, AND CREATING DERIVATIVE WORKS THEREOF, SO LONG AS
SUCH USE, DISPLAY OR CREATION IS FOR NON-COMMERCIAL, ROYALTY OR REVENUE
FREE PURPOSES. IN NO EVENT SHALL THE END-USER USE THE COMPUTER CODE
CONTAINED HEREIN FOR REVENUE-BEARING PURPOSES. THE END-USER UNDERSTANDS
AND AGREES TO THE TERMS HEREIN AND ACCEPTS THE SAME BY USE OF THIS FILE.
COPYRIGHT 1993-1998 PARALLAX SOFTWARE CORPORATION. ALL RIGHTS RESERVED.
We make no warranties as to the usability or correctness of this code.

442
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End User License Agreement
This End User License Agreement (“EULA”) is between the individual
consumer or business entity that will use the Software (“You”)
and the applicable entity identified in the “Licensor Table”
located at www.dell.com/swlicensortable (“Licensor”).
This EULA governs Your use of: (a) the object code version of Dell
branded software that is preinstalled on Dell hardware or otherwise
provided to You pursuant to a purchase contract, quote, order form,
invoice or online procurement process (each, an “Order”); (b)
associated software license keys, if any (“License Keys”); (c)
updates to such software (“Updates”); (d) the documentation for
such software; and (e) all copies of the foregoing (collectively,
“Software”). If You accept this EULA, or if You install or use
the Software, then You agree to this EULA unless You already have a
signed agreement with Dell Marketing L.P. or one of its affiliates
(“Dell”) that includes licensing terms that govern Your use
of the Software (“Pre-Existing Agreement”). If You accept this
EULA or install or use the Software on behalf of a business entity,
then You represent that You have authority to take those actions,
and this EULA will be binding on that business entity unless the
entity already has a Pre-Existing Agreement. If You do not agree to
this EULA, do not install or use the Software.
If You are a business entity and You purchase Software from a
third party (“Reseller”) who sublicenses the Software to You
under the terms of an agreement between You and such Reseller
(a “Sublicense Agreement”), then the terms of Your Sublicense
Agreement with the Reseller shall govern Your use of the Software
and not this EULA. Resellers may only grant rights, and must pass
through conditions, consistent with this EULA. Thus, even though Your
Sublicense Agreement is between you and the Reseller, by installing or
using the Software, You acknowledge and agree that: (a) any license
rights in the Sublicense Agreement that are greater than the license
rights in this EULA shall not apply; (b) any license conditions in
this EULA that are not contained in the Sublicense Agreement apply
to You; (c) the limitations of liability set forth in this EULA will
apply in favor of Licensor, its affiliates and suppliers despite the
existence of a Sublicense Agreement; and (d) Licensor is a third-party
beneficiary of the Sublicense Agreement and is entitled to exercise
and enforce all of the Reseller’s rights and benefits under that
Sublicense Agreement.
If You purchase Software as an individual consumer, nothing in this
EULA affects your statutory rights if the laws of your state or
country do not permit it to do so.
1. License Grant.
1.1. Right to Use. Subject to and in consideration of your full
compliance with the terms and conditions of this EULA, Licensor
grants to You a personal, non-exclusive license to use the Software
during the period stated in the applicable Order (if no period
is specified, You may use the Software perpetually). If You are
an individual consumer, this license grant allows You to use the
Software in connection with Your own personal use. If You are a
business entity, this license grant allows You to use the Software in
connection with the internal business operations of Your entity. In
addition, You may make a reasonable number of copies of the Software
solely as needed for backup or archival purposes. Additional license
terms for certain Software may be included in the Offering Specific
Terms Table located at www.dell.com/offeringspecificterms (“OST
Table”), and additional terms for Software that is licensed to
You for a limited time (“Subscription Software”) are located at
www.delltechnologies.com/subscription_terms (“Subscription Terms”).
1.2. Third Party Use. If You are a business entity, You may allow Your
contractors (each, a “Permitted Third Party”) to use the Software
solely for the purpose of providing services to You, provided that
such use is in compliance with this EULA. You are liable for any
breach of this EULA by any Permitted Third Party.
1.3. Rights Reserved. The Software is licensed and not sold. Except
for the license expressly granted in this EULA, Licensor, on behalf
of itself and its affiliates and suppliers, retains all rights in
and to the Software and in all related materials (“Works”). The
rights in these Works are valid and protected in all forms, media and
technologies existing now or hereafter developed. Any use of Works
other than as expressly set forth herein is strictly prohibited.
1.4. Ownership. Licensor, on behalf of itself and its affiliates,
retains ownership of the Works and all related intellectual property
rights. If Software is provided to You on removable media (e.g.,
CD, DVD or USB drive), You may own the media on which the Software
is recorded.
2. License Conditions.
2.1. You and Your Permitted Third Parties must do the following:
A. Run the Software only on the hardware for which it was intended
to operate, when applicable; B. Use License Keys (if applicable) only
from Licensor or an authorized Dell License Key provider; C. Treat the
Software as Dell confidential information; D. Use the Software only on
as many computers or devices that You purchased, in such configurations
permitted by Dell or Licensor, and/or in accordance with the applicable
unit of measure, each as may be specified on Your Order. For Software
licensed via a unit of measure, the terms and descriptions of each
unit of measure are located at www.delltechnologies.com/UOM_terms
(“UOM Terms”); E. Abide and be responsible for compliance with
the export control and economic sanctions laws of the United States,
the European Union, and other applicable jurisdictions (collectively,
“Applicable Trade Laws”). Software may not be used, sold, leased,
exported, imported, re-exported, or transferred except in compliance
with the Applicable Trade Laws. You represent and warrant that You
or Your Permitted Third Parties are not the subject or target of,
or located in a country or territory that is the subject or target
of economic sanctions under the Applicable Trade Laws. For further
information about geographical restrictions and compliance with
Applicable Trade Laws, visit www.dell.com/tradecompliance; and
F. Comply with all Third Party Terms (as defined in Section 5 below).
2.2. Except as otherwise permitted by this EULA or by mandatory law
(meaning a law that the parties cannot change by contract), You
must not, and must not allow Your Permitted Third Parties, to do
the following:
A. Modify or remove any proprietary notices or markings on or in the
Software; B. Transfer License Keys to any other person or entity;
C. Download Updates from Licensor or an authorized provider unless
You have a valid support agreement; D. Install Updates on Enterprise
Products (e.g., server, networking, storage, integrated solutions,
and data protection appliances) that have gone end of service life
unless Licensor otherwise agrees in writing; E. Install and operate
counterfeit versions of Software (i.e. software provided by anyone
other than Dell or an authorized representative of Dell) on Dell
hardware; F. Violate or circumvent any technological use restrictions
in the Software; G. Sell, loan, rent, lease, sublicense, distribute
or encumber (e.g., by lien, security interest, etc.) the Software;
H. Use any trademarks or service marks of Licensor, its affiliates
or suppliers; I. Provide access to the Software or allow use by any
third party, other than Permitted Third Parties, without Licensor's
prior written consent; J. Copy, republish, upload, post or transmit
the Software in any way; K. Modify or create derivative works based
upon the Software, or decompile, disassemble, reverse engineer,
or otherwise attempt to derive source code from the Software, in
whole or in part; L. Attack or attempt to undermine the security,
integrity, authentication or intended operation of the Software;
M. Use the Software on a service bureau, rental or managed services
basis; N. Create or permit others to create Internet "links" to the
Software or "frame" or "mirror" the Software on any other server,
wireless or Internet-based device; O. Use the Software to create a
competitive offering; P. Use the Software to create other software,
products or technologies unless the Software contains Development
Tools as described in Section 7; Q. Share or publish the results
of any benchmarking of the Software without Dell’s prior written
consent; R. Use the Software for high risk activities, including
without limitation online control systems, or use in hazardous
environments requiring fail-safe performance, such as in the operation
of nuclear facilities, aircraft navigation or communications systems,
air traffic control, life support, weapons systems or in any other
device or system in which function or malfunction of the Software
could result in death, personal injury or physical or environmental
damage; S. Use the Software for activities related to weapons of mass
destruction, including but not limited to, activities related to the
design, development, production or use of nuclear materials, nuclear
facilities, nuclear weapons, missiles or support of missile projects,
or chemical or biological weapons; and T. Assign this EULA, or any
right or obligation under this EULA, or delegate any performance,
without Dell’s prior written consent, unless You are transferring the
Software in accordance with the Transferability Section 3 below. Even
if Dell consents to an assignment, You remain responsible for all
obligations under this EULA that You incurred prior to the effective
date of the assignment.
3. Transferability. If You are an individual consumer, You may transfer
the Software on a permanent basis as part of the sale or transfer
of the hardware system on which the Software is loaded, provided
that You retain no copies of any version of the Software. If You
are a business entity, You may not transfer the Software to another
person or entity without the express written permission of Dell,
unless allowed by applicable law stating that transfer may not be
restricted (note that a transfer fee may be charged by Dell).
4. Compliance Verification. If You are a business entity, You must: (a)
maintain and use systems and procedures that allow You to accurately
track Your use of the Software; (b) certify to Dell in writing, at
Dell’s request, that Your use of Software fully complies with this
EULA, indicating the number of Software licenses deployed at that time;
and (c) cooperate fully and timely with Dell and its auditors if Dell
notifies You that it will conduct an audit to confirm Your compliance
with this EULA. Any such audit will be conducted during normal business
hours. If Dell determines that You have over-deployed Software, You
agree to immediately purchase licenses at the then-current list price
to bring Your use into compliance. If You over-deployed Software
by 5% or more, then You agree to pay the total cost of the audit,
in addition to any other liabilities You may have.
5. Third Party Software. “Third Party Software” is software,
including open source software, that is contained in or provided with
the Software and is licensed by a third party under its own terms of
use (“Third Party Terms”). Third Party Software is governed solely
by the applicable Third Party Terms and not by this EULA. Third Party
Terms may be provided with the Third Party Software or may be included
in the OST Table. For certain open source software, the applicable
Third Party Terms may entitle You to obtain the corresponding source
files. You may find corresponding source files for such open source
software at //opensource.dell.com/ or in the “About” or “Read
Me” file of Software, or other locations that Licensor may specify.
6. Free Software. “Free Software” means Software that is provided
to You without additional charge (e.g., scripts that enable customer
installation; code that enables You to monitor Your use of Dell
products; etc.). You may only use Free Software on or with equipment
or in the operating environments for which Dell has designed that
Free Software to operate. Licensor may terminate any license to Free
Software at any time in its sole discretion. You may not transfer
Free Software to anyone else.
7. Development Tools. If the Software includes development tools,
such as scripting tools, APIs or sample scripts (collectively
“Development Tools”), and unless there is a separate agreement
between You and Dell or Licensor for the Development Tools, You may use
such Development Tools to create new scripts and code for the purpose
of customizing Your use of the Software (within the parameters set
forth in this EULA and in the Development Tools themselves) and for
no other purpose.
8. Evaluation Software. This EULA does not license use of Software
for evaluation purposes (“Evaluation Software”) except to the
extent these terms may be invoked by the separate license terms and
conditions accompanying that Evaluation Software.
9. Support Services Not Included. If You purchase maintenance and
support for Software, such services are identified in Your Order and
will be provided under a separate services agreement.
10. Termination. For Subscription Software, this EULA automatically
terminates at the end of Your subscription period unless You renew
Your rights. Licensor may terminate this EULA if You or a Permitted
Third Party commits a material breach of this EULA and fails to cure
such breach within thirty (30) days following Your receipt of notice
of the breach from Dell. This right to terminate applies accordingly if
Dell or the Reseller from whom You made Your purchase does not receive
timely payment for the licenses to the Software or for the hardware
on which the Software is loaded, if any. When this EULA terminates,
all licenses granted automatically terminate and You must immediately
cease use of the Software and return or destroy all copies of the
Software. Except as otherwise agreed by Dell, You will not get a
refund from Dell if this EULA is terminated. Rights and obligations
under Sections of this EULA that, by their nature should survive,
will survive termination, as well as obligations for payment.
11. Warranty Disclaimer. Under this EULA, Licensor provides neither
any warranties for the Software nor does it provide support for the
Software. Your rights under any warranties and any support entitlements
for Software acquired for a fee are solely between You and the Reseller
or Dell entity from whom You procured the Software and related support,
and are defined under the commercial terms agreed between You and such
selling entity. Accordingly, except as otherwise offered by Dell,
the Software is provided by Licensor under this EULA “As Is”
without any warranties or conditions. To the maximum extent permitted
by applicable law, Licensor, on behalf of itself and its affiliates
and suppliers: (a) makes no express warranties or conditions related
to the Software; (b) disclaims all implied warranties and conditions
related to the Software, including merchantability, fitness for a
particular purpose, title, and non-infringement; and (c) disclaims any
warranty or condition arising by statute, operation of law, course of
dealing or performance, or usage of trade. Licensor does not warrant
uninterrupted or error-free operation of the Software. This Section
does not affect or modify any of the statutory warranty rights that
are available to consumers.
12. Limitation of Liability.
12.1. Limitations on Damages. The limitations, exclusions and
disclaimers set forth in a Pre-Existing Agreement or Dell Terms of
Sale that applies your Order (in each case, the “Order Terms”)
shall apply to all disputes, claims or controversies (whether in
contract, tort or otherwise) between You and Licensor or Dell related
to or arising out of: (a) this EULA; (b) the breach, termination or
validity of this EULA; or (c) any Orders (each, a “Dispute”). In
the absence of applicable Order Terms, the terms set forth in this
Section shall apply to all Disputes.
The terms of this Section are agreed allocations of risk constituting
part of the consideration for Licensor’s licensing of Software to You
and will apply even if there is a failure of the essential purpose of
any limited remedy, and regardless of whether a party has been advised
of the possibility of the liabilities. If applicable law prohibits
any portion of the limits on liability stated below, the parties agree
that such limitation will be automatically modified, but only to the
extent required to make the limitation compliant with applicable law.
A. Limitation on Direct Damages. Except for Your obligation to pay
for the Software, or for Your violation of the License Grant and
License Conditions set forth herein or of Licensor’s or Dell’s
intellectual property rights, the total liability of You and Licensor
(including Licensor’s affiliates and suppliers) arising out of any
Dispute is limited to the amount You paid for the Software that is the
subject of the Dispute, but excluding amounts received as reimbursement
of expenses or payment of taxes. Notwithstanding anything otherwise
set forth above, Licensor and its affiliates have no liability for
any direct damages resulting from Your use or attempted use of Third
Party Software, Free Software or Development Tools.
B. Disclaimer of Certain Other Damages. Except for Your obligation to
pay for the Software, or for Your violation of the License Grant and
License Conditions set forth herein or of Licensor’s or Dell’s
intellectual property rights, neither You nor Licensor (including
Licensor’s affiliates and suppliers) shall have any liability
under this EULA for special, consequential, exemplary, punitive,
incidental or indirect damages, or for lost profits, loss of revenue,
loss or corruption of data, loss of use or procurement of substitute
products or services.
12.2. Regular Backups. You are solely responsible for Your data. You
must back up Your data before Licensor or a third party performs
any remedial, upgrade or other work on Your production systems. You
acknowledge that it is a best practice to have more than one back up
copy of Your data. If applicable law prohibits exclusion of liability
for lost data, then Licensor will only be liable for the cost of
the typical effort to recover the lost data from Your last available
back up.
12.3. Limitation Period. Except as stated in this Section, all claims
must be made within the period specified by applicable law. If the law
allows the parties to specify a shorter period for bringing claims,
or the law does not provide a time at all, then claims must be made
within 18 months after the cause of action accrues.
13. Additional Terms.
13.1. Notices. The parties will provide all notices under this EULA
in writing. Unless provided otherwise in an Order, You must provide
notices to the local Dell entity in Your Order, or, if Your Order is
not with a Dell entity, by e-mail to Dell_Legal_Notices@dell.com.
13.2. Waiver and Severability. Failure to enforce a provision of this
EULA will not constitute a waiver of that or any other provision of
this EULA. If a court of competent jurisdiction determines that any
part of this EULA or document that incorporates this EULA by reference
is unenforceable, that ruling will not affect the validity of all
remaining parts.
13.3. Modifications. This EULA may only be modified in writing
signed by both parties; provided, however, that Licensor may, in
its sole discretion, update the Licensor Table, the OST Table, the
UOM Terms and the Subscription Terms at any time. Any changes that
Licensor makes to the Licensor Table, the OST Table, the UOM Terms
or the Subscription Terms will only apply to Orders that occur after
Licensor posts those changes online.
13.4. Governing Law and Jurisdiction. If You obtained the Software
directly from Dell, then the governing law and jurisdiction provisions
set forth in Your Order Terms shall apply to this EULA. Otherwise
the following shall apply:
A. Subject to Section 13.4 D and 13.5, if You are domiciled in the
United States or Canada: (1) this EULA and any Dispute is governed
by the laws of the State of Texas (excluding the conflicts of law
rules) and the federal laws of the United States; and (2) to the
extent permitted by law, the state and federal courts located in
Texas will have exclusive jurisdiction for any Dispute. Both parties
agree to submit to the personal jurisdiction of the state and federal
courts located within Travis or Williamson County, Texas, and agree
to waive any and all objections to the exercise of jurisdiction over
the parties by those courts and to venue in those courts.
B. Subject to Section 13.4 D, if You are domiciled outside of the
United States or Canada: (1) this EULA and any Dispute is governed
by the substantive laws in force in the country in which the
Licensor is located (as indicated in the Licensor Table located at
www.dell.com/swlicensortable), without regard to its conflict of law
rules; and (2) the exclusive place of jurisdiction for any Dispute
shall be in such country.
C. In any event, neither the U.N. Convention on Contracts for the
International Sale of Goods, nor the Uniform Computer Information
Transaction Act shall apply to this EULA or any Dispute.
D. If You are an individual consumer, this Section 13.4 does not
deprive You of the protection afforded to You by the provisions of
mandatory consumer protections laws that are applicable to You, nor
does it prevent you from seeking remedies or enforcing your rights
as a consumer under such laws.
13.5. Dispute Resolution and Binding Individual (non-class)
Arbitration. This Section only applies if You are an individual
consumer that resides in (or obtained the Software in) the United
States or Canada. All Disputes shall be resolved exclusively and
finally by binding individual arbitration. This means You and Licensor
waive any right to litigate disputes in a court or before a jury
and neither You nor Licensor shall be entitled to join, consolidate,
or include any claims belonging to or alleged or arising from, by or
on behalf of any third party to an arbitration brought hereunder, or
to arbitrate any claim as a class action, class representative, class
member, or in a private attorney general capacity. If You reside in (or
obtained the Software in) the United States, the arbitration will be
administered by the American Arbitration Association (AAA), or JAMS. If
You reside in (or obtained the Software in) Canada, arbitration will
be at ADR Chambers pursuant to the general ADR Chambers Rules for
Arbitration located at www.adrchambers.com. The arbitration shall be
conducted in the English language. The arbitration panel shall have
exclusive authority to resolve any arbitrability issues including
any dispute over this EULA or this arbitration provision’s scope,
application, meaning and enforceability. The arbitration panel shall
be empowered to grant whatever relief would be available in court,
including without limitation preliminary relief, injunctive relief and
specific performance. Any award of the arbitration panel shall be final
and binding immediately when rendered, and judgment on the award may be
entered in any court of competent jurisdiction. If any portion of this
arbitration agreement is found unenforceable, the unenforceable portion
shall be severed and the remaining arbitration terms shall be enforced
(but in no event will there be a class arbitration). Consumer claimants
(individuals whose transaction is intended for personal, family or
household use) may elect to pursue their claims in small-claims court
rather than arbitration. Licensor will be responsible for paying any
individual consumer's arbitration/arbitrator fees. Notwithstanding
the foregoing, Licensor may apply to any relevant government agency
or any court of competent jurisdiction to preserve its rights under
this EULA and to obtain any injunctive or preliminary relief, or
any award of specific performance, to which it may be entitled,
either against You or against a non-party; provided, however, that
no such administrative or judicial authority shall have the right or
power to render a judgment or award (or to enjoin the rendering of an
arbitral award) for damages that may be due to or from either party
under this EULA, which right and power shall be reserved exclusively
to an arbitration panel proceeding in accordance herewith.
13.6. Third Party Rights. Other than as expressly set out in this EULA,
this EULA does not create any rights for any person who is not a party
to it, and no person who is not a party to this EULA may enforce any
of its terms or rely on any exclusion or limitation contained in it.
13.7 Entire Agreement. You acknowledge that You have read this EULA,
that You understand it, that You agree to be bound by its terms,
and that this EULA, along with the Order Terms into which this EULA
may be incorporated (as applicable), is the complete and exclusive
statement of the agreement between You and Licensor regarding Your use
of the Software. All content referenced in this EULA by hyperlink is
incorporated into this EULA in its entirety and is available to You
in hardcopy form upon Your request. The pre-printed terms of Your
purchase order or any other document that is not issued or signed by
Licensor or Dell do not apply to Software. You represent that You did
not rely on any representations or statements that do not appear in
this EULA when accepting this EULA.
(Dell EULA rev 25OCT2023)

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IMPORTANT - READ CAREFULLY
1 AGREEMENT
1.1 This Digium End-User Purchase and License Agreement (the "Agreement") is a
legal agreement between Digium and the licensee and purchaser respectively
(hereinafter, "you", "You" or "your") of the Digium distribution media,
embedded software and related documentation (the "Software"), Digium services
(the "Services"), and related manuals (collectively the "Products"). BY
INSTALLING THE SOFTWARE, YOU AGREE TO AND ACCEPT THE TERMS AND CONDITIONS OF
THIS AGREEMENT. If you do not accept, or are not authorized to accept the terms
and conditions of this Agreement, then you should not install the Software and
should remove any installed Software from your computer.
2 GRANT OF LICENSE
2.1 Subject to your compliance with its obligations herein, Digium hereby
grants you a limited, non-transferable, non-exclusive, non-sublicensable
license to the Software for use with Zaptel software for internal business
purposes and not for resale, sublicense, or leasing to third-parties.
"Software" shall include any upgrades, updates, bug fixes or modified version
("Upgrades") or backup copies of the Software supplied to you by Digium
provided you hold a valid license key to the original Software and have paid
any applicable fee for Upgrades.
2.2 Notwithstanding the foregoing, you acknowledge that certain components of
the Software may be covered by so-called "open source" software licenses
("Open Source Components"). Digium will provide a list of Open Source
Components for a particular version of the Software upon your request. To the
extent required by the licenses covering Open Source Components, the terms of
such licenses will apply in lieu of the terms of this Agreement, and Digium
hereby represents and warrants that the licenses granted to such Open Source
Components will be no less broad than the license granted in this Section 2.
To the extent the terms of the licenses applicable to Open Source Components
prohibit any of the restrictions in this Agreement with respect to such Open
Source Component, such restrictions will not apply to such Open Source
Component.
2.3 "Key" refers to the unique registration code provided by Digium to enable
the Licensee to use the Software. You may use one copy of the Software
registered with a registration key, provided by Digium, on a single computer
owned, leased, or otherwise controlled by you at a single time. If you have
multiple registration keys for the Software you may use the Software on as
many computers as you have keys. The Software may not be used on or
distributed to a greater number of computers than you have registration keys.
3 RESERVATION OF RIGHTS
3.1 Except for the limited license rights expressly granted in this Agreement,
Digium reserves all rights in and to the Software and any modifications
thereto, including title, ownership, trademark, copyright, patent, trade secret
and any other rights and interests. You will own only the physical media on
which the Software and associated documentation are reproduced and distributed.
4 LIMITED WARRANTY - SOFTWARE
4.1 .Digium warrants only that the media on which Digium delivers the Software
will be free of physical defects for a period of ninety (90) days or will be
replaced by Digium. Except as otherwise agreed by Digium in writing, the
replacement Software is subject to the terms and conditions of this Agreement.
If Digium determines in its sole discretion that a defect cannot be corrected,
or that it is not practical to replace the Software, the price paid by the
original licensee for the Software will be refunded by Digium to you and the
license grant automatically terminated, in which case you will promptly return
to Digium or destroy the Software and any copies in your possession.
5 WARRANTY DISCLAIMERS
5.1 The limited warranty provided by Digium does not cover (i) Products that
have been subjected to misuse, tampering, modification, experimentation,
alteration, negligence, faulty installation; (ii) Products with the model or
serial number altered, tampered with, or removed; (iii) Initial installation,
installation and removal of the Product for repair, and shipping costs;
(iv) Configuration of the Product; (v) Damage that occurs in shipment due to
act of God, failures due to power surges, and cosmetic damage; (vi) Any
hardware, software, firmware or other materials or services provided by anyone
other than Digium; or (vii) Repair by anyone other than Digium or Digium's
authorized representative. Unless under a current Services contract with
Digium, you shall not upgrade or update Product using software of any origin
except commercial versions of the Software released to you by Digium or its
authorized distributors from time to time. THE PRODUCT IS PROVIDED WITHOUT ANY
IMPLIED WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. EXCEPT AS EXPRESSLY COVERED UNDER THE LIMITED WARRANTY
PROVIDED HEREIN, THE ENTIRE RISK AS TO THE QUALITY, SELECTION AND PERFORMANCE
OF THE PRODUCT IS YOURS.
6 RETURN MATERIAL AUTHORIZATION
6.1 If returning a Product under the limited warranty, you must include with
the Product a written description of the physical defect or in sufficient
detail to allow Digium to confirm such determination. Prior to returning a
Product under limited warranty to Digium, the original purchaser must obtain a
Return Material Authorization ("RMA") in accordance with the Digium policy in
effect at the time as published on the Digium web site. Digium will not be
obligated to accept returns of any Software that has been activated or
otherwise used.
7 LIMITATION OF LIABILITY
7.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGIUM IS NOT LIABLE UNDER ANY
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR
ANY LOSS OF USE OF THE PRODUCT, INCONVENIENCE OR INDIRECT DAMAGES OF ANY
CHARACTER, WHETHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING, BUT NOT
LIMITED TO, LOSS OF REVENUE OR PROFIT, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, FAILURE OF CONNECTED EQUIPMENT OR PROGRAMS, LOSS OF INFORMATION
OR DATA OR LOSS OF GOODWILL) RESULTING FROM THE USE OF THE PRODUCT, RELATING
TO WARRANTY SERVICE, OR ARISING OUT OF ANY BREACH OF THIS AGREEMENT, EVEN IF
DIGIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDY FOR
A BREACH OF THE FOREGOING LIMITED WARRANTY IS REPAIR, REPLACEMENT OR REFUND OF
THE THE MAXIMUM LIABILITY OF DIGIUM UNDER THIS DEFECTIVE PRODUCT. IN NO EVENT
SHALL THE REMEDY RELATED TO THIS AGREEMENT EXCEED THE PURCHASE PRICE OF THE
APPLICABLE PRODUCT. THE FOREGOING EXPRESS LIMITED WRITTEN WARRANTY AND REMEDIES
ARE EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTIES OR REMEDIES, EXPRESS, IMPLIED
OR STATUTORY.
8 PROPRIETARY WORKS
8.1 The Products contain trademarks, trade secrets and/or copyrighted materials
of Digium or its suppliers.
8.2 You agree not to reverse engineer, decompile, or disassemble the Software,
except to the extent such restriction is expressly prohibited by applicable
law. You shall not disclose or make available such trade secrets or copyrighted
material in any form to any third party nor remove any trademark notices,
copyright notices, or licensing terms from the Software or any components
therein.
8.3 You will not, without Digium written consent, use the name, trademarks,
trade names or logos of Digium, or the name of any product or service of
Digium, in any manner. If Digium grants you a right to use the aforementioned,
you will do so only in strict compliance with Digium's usage policies.
9 TERMINATION
9.1 This Agreement shall terminate upon removal of the Products from your
server and either destruction of the Products or return of the Products by you
to Digium. In the event of a breach of the scope of use permitted by the grant
in Section 2, or if you do not comply with other materials terms and conditions
of this Agreement, Digium shall have the right to immediately terminate this
Agreement, in which case you must promptly remove the Software from your
servers and destroy or return all copies to Digium. Notwithstanding the
foregoing, the provisions of Sections 5, 6, 7, 10, 11, 12, 13 and 14 shall
survive termination of this Agreement.
10 EXPORT RESTRICTION
10.1 You acknowledge that the Software, with the possible exception of certain
third-party components, is of U.S. origin. You agree to comply with applicable
domestic and international laws that apply to the Software, including the U.S.
Export Administration Regulations and other limitations issued by U.S. and
foreign governments.
11 TRANSFER AND ASSIGNMENT
11.1 This Agreement and the rights and obligations under it are not assignable
by you without the prior written approval of Digium, voluntarily or by
operation of law. Any attempt by you to assign this Agreement without such
approval shall be void. This Agreement shall inure to the benefit of the
successors and assigns of Digium. Notwithstanding the foregoing, you may move
the Software to different internal computers to the extent consistent with the
scope of license you have purchased to the Software.
12 U.S. GOVERNMENT USERS
12.1 The Software and documentation qualify as "commercial items" as defined at
48 C.F.R. 2.101 and 48 C.F.R. 12.212. All Government users acquire the Software
and documentation with only those rights herein that apply to non-governmental
customers of Digium.
13 GOVERNING LAW AND JURISDICTION
13.1 This Agreement is to be construed in accordance with and governed by laws
of the State of Alabama, excluding its conflict of law provisions. Digium and
you agree to submit to the personal and exclusive jurisdiction of, and agree
that venue is proper in, the Alabama State or Federal Courts located in the
County of Jefferson, Alabama, for any such legal action or proceeding. The
United Nations Convention on International Sale of Goods, the application of
which is expressly excluded, does not govern this Agreement.
14 ENTIRE AGREEMENT
14.1 This Agreement constitutes the entire understanding between the parties
relating to the subject matter hereof and supersede all prior writings,
negotiations or understandings with respect thereto. The provisions of this
Agreement shall take precedence over any conflicting terms in any subsequent
purchase order, documentation or collateral. Any modifications to this
Agreement shall be reflected in a written agreement between the parties. The
parties agree that this Agreement may be executed electronically and that
electronic copies of this Agreement shall be binding upon the parties.

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Dreamweb PC DOS version. Version 1.1
(C) 1994 Neil Dodwell and David Dew trading as Creative Reality
--------------------------------------------------------------------------------------------
Changelog:
v1.1 Added manual and diary scans. With help from Simon Sawatzki (SimSaw@gmx.de)
v1.0 Initial freeware release
LICENSE:
1) You may distribute this game for free on any medium, provided this license
and all associated copyright notices and disclaimers are left intact.
2) You may charge a reasonable copying fee for this archive, and may distribute
it in aggregate as part of a larger & possibly commercial software distribution
(such as a Linux distribution or magazine coverdisk). You must provide proper
attribution and ensure this license and all associated copyright notices, and
disclaimers are left intact.
3) You may not charge a fee for the game itself. This includes reselling the
game as an individual item.
4) All game content is (C) Neil Dodwell and David Dew trading as Creative Reality.
The ScummVM engine is (C) The ScummVM Team (www.scummvm.org)
5) THE GAMEDATA IN THIS ARCHIVE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING AND NOT LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.

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EPSON AVASYS PUBLIC LICENSE
2005-04-01
This License applies to any program or other work identified as such
at the point of distribution and/or in a suitable location in the
sources for a work including it, for example in a README file. Such
sources should include a verbatim copy of this License.
The "Program", below, refers to any program or work covered by this
License; each "Licensee" is addressed as "you".
You may use, reproduce, modify and distribute the Program subject to
the terms and conditions below.
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
1. Copyright of the Program is reserved by EPSON AVASYS Corporation
and its Licensor(s).
2. You may freely reproduce and distribute verbatim copies of the
Program in any medium, provided that recipients of such copies
are given a copy of this License. Verbatim copies are covered
by the terms of this License.
3. You may modify the Program and freely distribute your modified
version(s), provided that you distribute it under the terms of
this License. Recipients of any modified version(s) should be
provided with a copy of this License.
4. You shall treat those parts of the Program that were provided
to you in executable or object code only as the proprietary
and confidential information of EPSON AVASYS Corporation and its
Licensor(s).
5. You may neither reverse engineer, reverse compile, reverse
assemble nor otherwise attempt to analyse those parts of the
Program that were provided to you in executable or object code
only. However, as a special exception EPSON AVASYS Corporation
and its Licensor(s) give permission to reverse engineer the
Program in those cases, and only those cases, where this is
required by the terms stipulated in the GNU Library General
Public License or GNU Lesser General Public License, both as
published by the Free Software Foundation; either version 2 of
the former license, version 2.1 of the latter license, or (at
your option) any later version.
6. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO
WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE
LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING, THE COPYRIGHT
HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION.
7. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY
MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE
LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS
OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH
ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS

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Educational Community License, Version 2.0 (ECL-2.0)
(plain text)
Educational Community License
Version 2.0, April 2007
http://www.osedu.org/licenses/
The Educational Community License version 2.0 ("ECL") consists of the Apache 2.0 license, modified to change the scope of the patent grant in section 3 to be specific to the needs of the education communities using this license. The original Apache 2.0 license can be found at: http://www.apache.org/licenses/LICENSE-2.0
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License.
Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License.
Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed. Any patent license granted hereby with respect to contributions by an individual employed by an institution or organization is limited to patent claims where the individual that is the author of the Work is also the inventor of the patent claims licensed, and where the organization or institution has the right to grant such license under applicable grant and research funding agreements. No other express or implied licenses are granted.
4. Redistribution.
You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
You must give any other recipients of the Work or Derivative Works a copy of this License; and
You must cause any modified files to carry prominent notices stating that You changed the files; and
You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
5. Submission of Contributions.
Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks.
This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty.
Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability.
In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability.
While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
APPENDIX: How to apply the Educational Community License to your work
To apply the Educational Community License to your work, attach
the following boilerplate notice, with the fields enclosed by
brackets "[]" replaced with your own identifying information.
(Don't include the brackets!) The text should be enclosed in the
appropriate comment syntax for the file format. We also recommend
that a file or class name and description of purpose be included on
the same "printed page" as the copyright notice for easier
identification within third-party archives.
Copyright [yyyy] [name of copyright owner] Licensed under the
Educational Community License, Version 2.0 (the "License"); you may
not use this file except in compliance with the License. You may
obtain a copy of the License at
http://www.osedu.org/licenses/ECL-2.0
Unless required by applicable law or agreed to in writing,
software distributed under the License is distributed on an "AS IS"
BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express
or implied. See the License for the specific language governing
permissions and limitations under the License.

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Eclipse Public License - v 1.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.
"Contributor" means any person or entity that distributes the Program.
"Licensed Patents " mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.
"Program" means the Contributions distributed in accordance with this Agreement.
"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.
b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.
c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.
d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
a) it complies with the terms and conditions of this Agreement; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;
iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and
iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.
When the Program is made available in source code form:
a) it must be made available under this Agreement; and
b) a copy of this Agreement must be included with each copy of the Program.
Contributors may not remove or alter any copyright notices contained within the Program.
Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.
For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement , including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.

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Eclipse Public License - v 2.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION
OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
a) in the case of the initial Contributor, the initial content
Distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from
and are Distributed by that particular Contributor. A Contribution
"originates" from a Contributor if it was added to the Program by
such Contributor itself or anyone acting on such Contributor's behalf.
Contributions do not include changes or additions to the Program that
are not Modified Works.
"Contributor" means any person or entity that Distributes the Program.
"Licensed Patents" mean patent claims licensable by a Contributor which
are necessarily infringed by the use or sale of its Contribution alone
or when combined with the Program.
"Program" means the Contributions Distributed in accordance with this
Agreement.
"Recipient" means anyone who receives the Program under this Agreement
or any Secondary License (as applicable), including Contributors.
"Derivative Works" shall mean any work, whether in Source Code or other
form, that is based on (or derived from) the Program and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship.
"Modified Works" shall mean any work in Source Code or other form that
results from an addition to, deletion from, or modification of the
contents of the Program, including, for purposes of clarity any new file
in Source Code form that contains any contents of the Program. Modified
Works shall not include works that contain only declarations,
interfaces, types, classes, structures, or files of the Program solely
in each case in order to link to, bind by name, or subclass the Program
or Modified Works thereof.
"Distribute" means the acts of a) distributing or b) making available
in any manner that enables the transfer of a copy.
"Source Code" means the form of a Program preferred for making
modifications, including but not limited to software source code,
documentation source, and configuration files.
"Secondary License" means either the GNU General Public License,
Version 2.0, or any later versions of that license, including any
exceptions or additional permissions as identified by the initial
Contributor.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby
grants Recipient a non-exclusive, worldwide, royalty-free copyright
license to reproduce, prepare Derivative Works of, publicly display,
publicly perform, Distribute and sublicense the Contribution of such
Contributor, if any, and such Derivative Works.
b) Subject to the terms of this Agreement, each Contributor hereby
grants Recipient a non-exclusive, worldwide, royalty-free patent
license under Licensed Patents to make, use, sell, offer to sell,
import and otherwise transfer the Contribution of such Contributor,
if any, in Source Code or other form. This patent license shall
apply to the combination of the Contribution and the Program if, at
the time the Contribution is added by the Contributor, such addition
of the Contribution causes such combination to be covered by the
Licensed Patents. The patent license shall not apply to any other
combinations which include the Contribution. No hardware per se is
licensed hereunder.
c) Recipient understands that although each Contributor grants the
licenses to its Contributions set forth herein, no assurances are
provided by any Contributor that the Program does not infringe the
patent or other intellectual property rights of any other entity.
Each Contributor disclaims any liability to Recipient for claims
brought by any other entity based on infringement of intellectual
property rights or otherwise. As a condition to exercising the
rights and licenses granted hereunder, each Recipient hereby
assumes sole responsibility to secure any other intellectual
property rights needed, if any. For example, if a third party
patent license is required to allow Recipient to Distribute the
Program, it is Recipient's responsibility to acquire that license
before distributing the Program.
d) Each Contributor represents that to its knowledge it has
sufficient copyright rights in its Contribution, if any, to grant
the copyright license set forth in this Agreement.
e) Notwithstanding the terms of any Secondary License, no
Contributor makes additional grants to any Recipient (other than
those set forth in this Agreement) as a result of such Recipient's
receipt of the Program under the terms of a Secondary License
(if permitted under the terms of Section 3).
3. REQUIREMENTS
3.1 If a Contributor Distributes the Program in any form, then:
a) the Program must also be made available as Source Code, in
accordance with section 3.2, and the Contributor must accompany
the Program with a statement that the Source Code for the Program
is available under this Agreement, and informs Recipients how to
obtain it in a reasonable manner on or through a medium customarily
used for software exchange; and
b) the Contributor may Distribute the Program under a license
different than this Agreement, provided that such license:
i) effectively disclaims on behalf of all other Contributors all
warranties and conditions, express and implied, including
warranties or conditions of title and non-infringement, and
implied warranties or conditions of merchantability and fitness
for a particular purpose;
ii) effectively excludes on behalf of all other Contributors all
liability for damages, including direct, indirect, special,
incidental and consequential damages, such as lost profits;
iii) does not attempt to limit or alter the recipients' rights
in the Source Code under section 3.2; and
iv) requires any subsequent distribution of the Program by any
party to be under a license that satisfies the requirements
of this section 3.
3.2 When the Program is Distributed as Source Code:
a) it must be made available under this Agreement, or if the
Program (i) is combined with other material in a separate file or
files made available under a Secondary License, and (ii) the initial
Contributor attached to the Source Code the notice described in
Exhibit A of this Agreement, then the Program may be made available
under the terms of such Secondary Licenses, and
b) a copy of this Agreement must be included with each copy of
the Program.
3.3 Contributors may not remove or alter any copyright, patent,
trademark, attribution notices, disclaimers of warranty, or limitations
of liability ("notices") contained within the Program from any copy of
the Program which they Distribute, provided that Contributors may add
their own appropriate notices.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities
with respect to end users, business partners and the like. While this
license is intended to facilitate the commercial use of the Program,
the Contributor who includes the Program in a commercial product
offering should do so in a manner which does not create potential
liability for other Contributors. Therefore, if a Contributor includes
the Program in a commercial product offering, such Contributor
("Commercial Contributor") hereby agrees to defend and indemnify every
other Contributor ("Indemnified Contributor") against any losses,
damages and costs (collectively "Losses") arising from claims, lawsuits
and other legal actions brought by a third party against the Indemnified
Contributor to the extent caused by the acts or omissions of such
Commercial Contributor in connection with its distribution of the Program
in a commercial product offering. The obligations in this section do not
apply to any claims or Losses relating to any actual or alleged
intellectual property infringement. In order to qualify, an Indemnified
Contributor must: a) promptly notify the Commercial Contributor in
writing of such claim, and b) allow the Commercial Contributor to control,
and cooperate with the Commercial Contributor in, the defense and any
related settlement negotiations. The Indemnified Contributor may
participate in any such claim at its own expense.
For example, a Contributor might include the Program in a commercial
product offering, Product X. That Contributor is then a Commercial
Contributor. If that Commercial Contributor then makes performance
claims, or offers warranties related to Product X, those performance
claims and warranties are such Commercial Contributor's responsibility
alone. Under this section, the Commercial Contributor would have to
defend claims against the other Contributors related to those performance
claims and warranties, and if a court requires any other Contributor to
pay any damages as a result, the Commercial Contributor must pay
those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT
PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN "AS IS"
BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. Each Recipient is solely responsible for determining the
appropriateness of using and distributing the Program and assumes all
risks associated with its exercise of rights under this Agreement,
including but not limited to the risks and costs of program errors,
compliance with applicable laws, damage to or loss of data, programs
or equipment, and unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT
PERMITTED BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS
SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this Agreement, and without further
action by the parties hereto, such provision shall be reformed to the
minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against any entity
(including a cross-claim or counterclaim in a lawsuit) alleging that the
Program itself (excluding combinations of the Program with other software
or hardware) infringes such Recipient's patent(s), then such Recipient's
rights granted under Section 2(b) shall terminate as of the date such
litigation is filed.
All Recipient's rights under this Agreement shall terminate if it
fails to comply with any of the material terms or conditions of this
Agreement and does not cure such failure in a reasonable period of
time after becoming aware of such noncompliance. If all Recipient's
rights under this Agreement terminate, Recipient agrees to cease use
and distribution of the Program as soon as reasonably practicable.
However, Recipient's obligations under this Agreement and any licenses
granted by Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute copies of this Agreement,
but in order to avoid inconsistency the Agreement is copyrighted and
may only be modified in the following manner. The Agreement Steward
reserves the right to publish new versions (including revisions) of
this Agreement from time to time. No one other than the Agreement
Steward has the right to modify this Agreement. The Eclipse Foundation
is the initial Agreement Steward. The Eclipse Foundation may assign the
responsibility to serve as the Agreement Steward to a suitable separate
entity. Each new version of the Agreement will be given a distinguishing
version number. The Program (including Contributions) may always be
Distributed subject to the version of the Agreement under which it was
received. In addition, after a new version of the Agreement is published,
Contributor may elect to Distribute the Program (including its
Contributions) under the new version.
Except as expressly stated in Sections 2(a) and 2(b) above, Recipient
receives no rights or licenses to the intellectual property of any
Contributor under this Agreement, whether expressly, by implication,
estoppel or otherwise. All rights in the Program not expressly granted
under this Agreement are reserved. Nothing in this Agreement is intended
to be enforceable by any entity that is not a Contributor or Recipient.
No third-party beneficiary rights are created under this Agreement.
Exhibit A - Form of Secondary Licenses Notice
"This Source Code may also be made available under the following
Secondary Licenses when the conditions for such availability set forth
in the Eclipse Public License, v. 2.0 are satisfied: {name license(s),
version(s), and exceptions or additional permissions here}."
Simply including a copy of this Agreement, including this Exhibit A
is not sufficient to license the Source Code under Secondary Licenses.
If it is not possible or desirable to put the notice in a particular
file, then You may include the notice in a location (such as a LICENSE
file in a relevant directory) where a recipient would be likely to
look for such a notice.
You may add additional accurate notices of copyright ownership.

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SEIKO EPSON CORPORATION
SOFTWARE LICENSE AGREEMENT
IMPORTANT! READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY. The
computer software product, fontware, typefaces and/or data, including
any accompanying explanatory written materials (the "Software") should
only be installed or used by the Licensee ("you") on the condition you
agree with SEIKO EPSON CORPORATION ("EPSON") to the terms and
conditions set forth in this Agreement. By installing or using the
Software, you are representing to agree all the terms and conditions
set forth in this Agreement. You should read this Agreement carefully
before installing or using the Software. If you do not agree with the
terms and conditions of this Agreement, you are not permitted to
install or use the Software.
1. License. EPSON and its suppliers grant you a personal,
nonexclusive, royalty-free limited license to install, copy, use
and redistribute the Software, provided that the copyright notice
is reproduced in its entirety on the copy. The term "Software"
shall include the software components, media, all copies made by
you and any upgrades, modified versions, updates, additions and
copies of the Software licensed to you by EPSON or its suppliers.
EPSON and its suppliers reserve all rights not granted herein.
2. Other Rights and Limitations. You agree not to modify, adapt or
translate the Software. You also agree not to attempt to reverse
engineer, decompile, disassemble or otherwise attempt to discover
the source code of the Software. You may not rent, lease, encumber
or lend the Software. You may, however, transfer all your rights
to use the Software to another person or legal entity provided that
you transfer this Agreement, the Software, including all copies,
updates and prior versions, to such person or entity, and that you
retain no copies, including copies stored on a computer. Some
states or jurisdictions, however, do not allow the restriction or
limitation on transfer of the Software, so the above limitations
may not apply to you.
3. Ownership. Title, ownership rights, and intellectual property
rights in and to the Software and any copies thereof shall remain
with EPSON or its suppliers. There is no transfer to you of any
title to or ownership of the Software and this License shall not be
construed as a sale of any rights in the Software. The Software is
protected by Japanese Copyright Law and international copyright
treaties, as well as other intellectual property laws and treaties.
You also agree not to remove or alter any copyright and other
proprietary notices on any copies of the Software.
4. Protection and Security. You agree to use your best efforts and
take all reasonable steps to safeguard the Software to ensure that
no unauthorized person has access to them and that no unauthorized
copy, publication, disclosure or distribution of any of the
Software is made. You acknowledge that the Software contains
valuable, confidential information and trade secrets, that
unauthorized use and copying are harmful to EPSON and its
suppliers, and that you have a confidentiality obligation as to
such valuable information and trade secrets.
5. Limited Warranty. You acknowledge and agree that the use of the
Software is at your sole risk. THE SOFTWARE IS PROVIDED "AS IS"
AND WITHOUT ANY WARRANTY OF ANY KIND. EPSON AND ITS SUPPLIERS DO
NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY
USING THE SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE
REMEDIES FOR EPSON'S AND ITS SUPPLIERS' BREACH OF WARRANTY. EXCEPT
FOR THE FOREGOING LIMITED WARRANTY, EPSON AND ITS SUPPLIERS MAKE NO
WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Some states
or jurisdictions do not allow the exclusion of implied warranties
or limitations on how long an implied warranty may last, so the
above limitations may not apply to you. This warranty gives you
specific legal rights. You may have other rights which vary from
state to state or jurisdiction to jurisdiction.
IN NO EVENT WILL EPSON OR ITS SUPPLIERS BE LIABLE TO YOU, WHETHER
ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY, BREACH OR WARRANTY, MISREPRESENTATION OR OTHERWISE, FOR
ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING
ANY LOST PROFITS OR LOST SAVINGS, EVEN IF EPSON, ITS SUPPLIERS OR
ANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN NO EVENT SHALL
EPSON'S OR ITS SUPPLIERS' LIABILITY UNDER THIS AGREEMENT EXCEED
THE AMOUNT THAT EPSON RECEIVED FROM YOU UNDER THIS AGREEMENT. Some
states or jurisdictions, however, do not allow the exclusion or
limitation of incidental, consequential or special damages, so the
above limitations may not apply to you.
6. Termination. Without prejudice to any other rights EPSON has, this
Agreement shall automatically terminate upon failure by you to
comply with its terms. You may also terminate this Agreement at
any time by uninstalling and destroying the Software and all copies
thereof.
7. Governing Law and General Provisions. This Agreement shall be
governed and construed under by the laws of Japan without regard to
its conflicts of law rules. This Agreement is the entire agreement
between the parties with respect to the Software, and supersedes
any purchase order, communication, advertisement, or representation
concerning the Software. This Agreement shall be binding upon, and
inure to the benefit of, the parties hereto and their respective
successors, assigns and legal representatives. If any provision
herein is found void or unenforceable, it will not affect the
validity of the balance of the Agreement, which shall remain valid
and enforceable according to its terms. This Agreement may only be
modified in writing signed by an authorized officer of EPSON.
8. U.S. Government End Users. If you are acquiring the Software on
behalf of any unit or agency of the United States Government, the
following provisions apply. The Government agrees: (i) if the
Software is supplied to the Department of Defense (DoD), the
Software is classified as "Commercial Computer Software" and the
Government is acquiring only "restricted rights" in the Software
and its documentation as that term is defined in Clause
252.227-7013(c)(1) of the DFARS; and (ii) if the Software is
supplied to any unit or agency of the United States Government
other than DoD, the Government's rights in the Software and its
documentation will be as defined in Clause 52.227-19(c)(2) of the
FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA
Supplement to the FAR.
EPSON EULA 07/01/2001

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SOFTWARE LICENSE AGREEMENT
This ENEMY TERRITORY: QUAKE WARS(TM) Limited Use Software License Agreement (this "Agreement") is a legal agreement among you, the end-user, and Id Software, Inc. ("Id Software"), and Activision Publishing, Inc. ("Activision"). BY DOWNLOADING OR CONTINUING THE INSTALLATION OF THE GAME PROGRAM ENTITLED ENEMY TERRITORY: QUAKE WARS(TM) (THE "SOFTWARE"), BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER RAM OR OTHER STORAGE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. Grant of License. Subject to the terms and provisions of this Agreement and so long as you fully comply at all times with this Agreement, Id Software grants to you the non-exclusive and limited right to use the Software only in executable or object code form. The term "Software" includes all elements of the Software, including, without limitation, data files and screen displays. You are not receiving any ownership or proprietary right, title, or interest in or to the Software or the copyrights, trademarks, or other rights related thereto. For purposes of the first sentence of this Section, "use" means loading the Software into RAM and/or onto computer hard drive, as well as installation of the Software on a hard disk or other storage device, and means the uses permitted in Section 5 herein below. You agree that the Software will not be downloaded, shipped, transferred, exported or re-exported into any country in violation of the United States Export Administration Act (or any other law governing such matters) by you or anyone at your direction, and that you will not utilize and will not authorize anyone to utilize the Software in any other manner in violation of any applicable law. The Software shall not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the United States has embargoed goods, or to anyone or into any country who/that are prohibited, by applicable law, from receiving such property. In exercising your limited rights hereunder, you shall comply, at all times, with all applicable laws, regulations, ordinances, and statutes. Id Software reserves all rights not granted in this Agreement, including, without limitation, all rights to Id Software's trademarks.
2. Prohibition against Modification of the Software. You may not alter or modify the Software in any manner.
3. Prohibitions with Regard to the Software. You, whether directly or indirectly, shall not do any of the following acts:
a. rent the Software;
b. sell the Software;
c. lease or lend the Software;
d. offer the Software on a pay-per-play basis;
e. distribute the Software by any means, including, but not limited to, Internet or other electronic distribution, direct mail, retail, mail order, or other means;
f. in any other manner and through any medium whatsoever commercially exploit the Software or use the Software for any commercial purpose;
g. disassemble, reverse engineer or decompile the Software;
h. translate the Software;
i. reproduce or copy the Software (except as permitted under Section 5 herein below);
j. publicly display the Software;
k. prepare or develop derivative works based upon the Software;
l. remove or alter any notices or other markings or legends, such as trademark or copyright notices, affixed on or within the Software; or
m. remove, alter, modify, disable, or reduce any of the anti-piracy measures contained in the Software, including, without limitation, measures relating to multiplayer play.
n. upload any image or data or media file from the Software or within any of the Software files to the Internet.
4. Prohibition against Cheat Programs. Any attempt by you, either directly or indirectly, to circumvent or bypass any element of the Software to gain any advantage in multiplayer play of the Software is a material breach of this Agreement. It is a material breach of this Agreement for you, whether directly or indirectly, to create, develop, copy, reproduce, distribute, or otherwise make any use of any software program or any modification to the Software ("Cheat Program") itself that enables or allows the user thereof to obtain an advantage or otherwise exploit another Software player or user when playing the Software against other players or users on a local area network, any other network, or on the Internet. Hacking into the executable of the Software, modification of the Software, or any other use of the Software in connection with the creation, development, or use of any such unauthorized Cheat Program is a material breach of this Agreement. Cheat Programs include, but are not limited to, programs that allow Software players or users to see through walls or other level geometry; programs that allow Software players or users to change their rate of speed outside the allowable limits of the Software; programs that crash either and/or other Software players, users, PC clients, or network servers; programs that automatically target other Software players or users (commonly referred to as "aimbots") that automatically simulate Software player or user input for the purpose of gaining an advantage over other Software players or users; or any other program or modification that functions in a similar capacity or allows any prohibited conduct.
In the event you breach this Section or otherwise breach this Agreement, your license and this Agreement automatically shall terminate, without notice, and you shall have no right to play the Software against other players or make any other use of the Software.
5. Permitted Copying. You may make only the following copies of the Software: (i) you may copy the Software that you download onto your computer hard drive; (ii) you may copy the Software from your computer hard drive into your computer RAM; and (iii) you may make one (1) "back up" or archival copy of the Software on one (1) hard disk.
6. Intellectual Property Rights. The Software and all copyrights, trademarks, and all other conceivable intellectual property rights related to the Software are owned by Id Software and are protected by United States copyright laws, international treaty provisions, and all applicable law, such as the Lanham Act. You must treat the Software like any other copyrighted material, as required by 17 U.S.C. S 101 et seq. and other applicable law. You agree to use your best efforts to see that any user of the Software licensed hereunder complies with this Agreement. You agree that you are receiving a copy of the Software by limited license only and not by sale and that the "first sale" doctrine of 17 U.S.C. S 109 does not apply to your receipt or use of the Software. This Section shall survive the cancellation or termination of this Agreement.
7. Information Collection. You consent to Activision obtaining certain information about your computer and its operating system, including the type and speed of the central processing unit, the amount of RAM in the central processing unit, the operating system, the type of video card used, whether your computer uses a CD or DVD drive, and whether your computer is equipped with a joystick, without any further notice to you. Such information is not personally identifiable. The computer information that is collected simply helps Activision to understand and analyze broad, anonymous market information about our consumers, so that Activision can better serve their needs and demands. Activision will only share such information with others, if at all, in the aggregate, reflecting overall computer features and capabilities.
8. NO ID SOFTWARE WARRANTIES. ID SOFTWARE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE AND OTHERWISE. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY. ID SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE OR THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC OR SPECIAL REQUIREMENTS. ADDITIONAL STATEMENTS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ID SOFTWARE AND SHOULD NOT BE RELIED UPON. This Section shall survive the cancellation or termination of this Agreement.
9. Governing Law, Venue, Indemnity, and Liability Limitation. This Agreement shall be construed in accordance with and governed by the applicable laws of the State of Texas (but excluding conflicts of laws principles) and applicable United States federal law. Except as set forth below, exclusive venue for all litigation regarding this Agreement shall be in Dallas County, Texas, and you agree to submit to the jurisdiction of the federal and state courts in Dallas County, Texas, for any such litigation. Exclusive venue for all litigation involving Activision, but not involving Id Software, with regard to this Agreement shall be in Los Angeles County, California, and you agree to submit to the jurisdiction of the courts in Los Angeles, California, for any such litigation. You hereby agree to indemnify, defend and hold harmless Id Software and Activision and Id Software's and Activision's respective officers, employees, directors, agents, licensees (excluding you), sub-licensees (excluding you), successors, and assigns from and against all losses, lawsuits, damages, causes of action, and claims relating to and/or arising from your breach of this Agreement. You agree that your unauthorized use of the Software, or any part thereof, immediately and irreparably may damage Id Software such that Id Software could not be adequately compensated solely by a monetary award, and in such event, at Id Software's option, that Id Software shall be entitled to an injunctive order, in addition to all other available remedies, including a monetary award, to prohibit such unauthorized use without the necessity of Id Software posting bond or other security. IN ANY CASE, ID SOFTWARE, ACTIVISION, AND ID SOFTWARE AND ACTIVISION'S RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, AGENTS, LICENSEES (EXCLUDING YOU), SUB-LICENSEES (EXCLUDING YOU), SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL THEORY EVEN IF ID SOFTWARE, ACTIVISION, OR THEIR RESPECTIVE AGENT(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, OR EVEN IF SUCH DAMAGES ARE FORESEEABLE, OR LIABLE FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Section shall survive the cancellation or termination of this Agreement.
10. United States Government Restricted Rights. To the extent applicable, the United States Government shall have only those rights to use the Software as expressly stated and expressly limited and restricted in this Agreement, as provided in 48 C.F.R. SS 227.7201 through 227.7204, inclusive.
11. General Provisions. Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed by you. Id Software and Activision each may assign its respective rights under this Agreement in the assigning party's sole discretion. Should any provision of this Agreement be held to be void, invalid, unenforceable, or illegal by a court of competent jurisdiction, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable by a court of competent jurisdiction, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of Id Software or Activision to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. IMMEDIATELY UPON YOUR FAILURE TO COMPLY WITH, OR YOUR BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT, YOUR LICENSE GRANTED HEREIN AND THIS AGREEMENT AUTOMATICALLY SHALL TERMINATE, WITHOUT NOTICE, AND ID SOFTWARE AND ACTIVISION MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU THAT ARE AVAILABLE UNDER APPLICABLE LAW AND/OR THIS AGREEMENT. Immediately upon termination of this Agreement, any and all rights you are granted hereunder shall terminate, you shall have no right to use the Software in any manner, you immediately shall destroy all copies of the Software in your possession, custody, or control, and all rights granted hereunder shall revert, without notice, to and be vested in Id Software.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY DOWNLOADING THE SOFTWARE, BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER RAM OR OTHER STORAGE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS, IF ANY, AMONG ID SOFTWARE, ACTIVISION, AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO, RELATING TO THE SUBJECT MATTER HEREOF. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS, OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS, IF ANY, AMONG ID SOFTWARE, ACTIVISION, AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

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European Union Public Licence
V. 1.1
EUPL © the European Community 2007
This European Union Public Licence (the “EUPL”) applies to the Work or Software
(as defined below) which is provided under the terms of this Licence. Any use of the
Work, other than as authorised under this Licence is prohibited (to the extent such use
is covered by a right of the copyright holder of the Work).
The Original Work is provided under the terms of this Licence when the Licensor (as
defined below) has placed the following notice immediately following the copyright
notice for the Original Work:
Licensed under the EUPL V.1.1
or has expressed by any other mean his willingness to license under the EUPL.
1. Definitions
In this Licence, the following terms have the following meaning:
- The Licence: this Licence.
- The Original Work or the Software: the software distributed and/or communicated
by the Licensor under this Licence, available as Source Code and also as Executable
Code as the case may be.
- Derivative Works: the works or software that could be created by the Licensee,
based upon the Original Work or modifications thereof. This Licence does not define
the extent of modification or dependence on the Original Work required in order to
classify a work as a Derivative Work; this extent is determined by copyright law
applicable in the country mentioned in Article 15.
- The Work: the Original Work and/or its Derivative Works.
- The Source Code: the human-readable form of the Work which is the most
convenient for people to study and modify.
- The Executable Code: any code which has generally been compiled and which is
meant to be interpreted by a computer as a program.
- The Licensor: the natural or legal person that distributes and/or communicates the
Work under the Licence.
- Contributor(s): any natural or legal person who modifies the Work under the
Licence, or otherwise contributes to the creation of a Derivative Work.
- The Licensee or “You”: any natural or legal person who makes any usage of the
Software under the terms of the Licence.
- Distribution and/or Communication: any act of selling, giving, lending, renting,
distributing, communicating, transmitting, or otherwise making available, on-line or
off-line, copies of the Work or providing access to its essential functionalities at the
disposal of any other natural or legal person.
2. Scope of the rights granted by the Licence
The Licensor hereby grants You a world-wide, royalty-free, non-exclusive, sublicensable
licence to do the following, for the duration of copyright vested in the
Original Work:
- use the Work in any circumstance and for all usage,
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Work or copies thereof to the public and perform publicly, as the case may be,
the Work,
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- lend and rent the Work or copies thereof,
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Those rights can be exercised on any media, supports and formats, whether now
known or later invented, as far as the applicable law permits so.
In the countries where moral rights apply, the Licensor waives his right to exercise his
moral right to the extent allowed by law in order to make effective the licence of the
economic rights here above listed.
The Licensor grants to the Licensee royalty-free, non exclusive usage rights to any
patents held by the Licensor, to the extent necessary to make use of the rights granted
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3. Communication of the Source Code
The Licensor may provide the Work either in its Source Code form, or as Executable
Code. If the Work is provided as Executable Code, the Licensor provides in addition a
machine-readable copy of the Source Code of the Work along with each copy of the
Work that the Licensor distributes or indicates, in a notice following the copyright
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accessible for as long as the Licensor continues to distribute and/or communicate the
Work.
4. Limitations on copyright
Nothing in this Licence is intended to deprive the Licensee of the benefits from any
exception or limitation to the exclusive rights of the rights owners in the Original
Work or Software, of the exhaustion of those rights or of other applicable limitations
thereto.
5. Obligations of the Licensee
The grant of the rights mentioned above is subject to some restrictions and obligations
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Attribution right: the Licensee shall keep intact all copyright, patent or trademarks
notices and all notices that refer to the Licence and to the disclaimer of warranties.
The Licensee must include a copy of such notices and a copy of the Licence with
every copy of the Work he/she distributes and/or communicates. The Licensee must
cause any Derivative Work to carry prominent notices stating that the Work has been
modified and the date of modification.
Copyleft clause: If the Licensee distributes and/or communicates copies of the
Original Works or Derivative Works based upon the Original Work, this Distribution
and/or Communication will be done under the terms of this Licence or of a later
version of this Licence unless the Original Work is expressly distributed only under
this version of the Licence. The Licensee (becoming Licensor) cannot offer or impose
any additional terms or conditions on the Work or Derivative Work that alter or
restrict the terms of the Licence.
Compatibility clause: If the Licensee Distributes and/or Communicates Derivative
Works or copies thereof based upon both the Original Work and another work
licensed under a Compatible Licence, this Distribution and/or Communication can be
done under the terms of this Compatible Licence. For the sake of this clause,
“Compatible Licence” refers to the licences listed in the appendix attached to this
Licence. Should the Licensee’s obligations under the Compatible Licence conflict
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Provision of Source Code: When distributing and/or communicating copies of the
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indicate a repository where this Source will be easily and freely available for as long
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Legal Protection: This Licence does not grant permission to use the trade names,
trademarks, service marks, or names of the Licensor, except as required for
reasonable and customary use in describing the origin of the Work and reproducing
the content of the copyright notice.
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The original Licensor warrants that the copyright in the Original Work granted
hereunder is owned by him/her or licensed to him/her and that he/she has the power
and authority to grant the Licence.
Each Contributor warrants that the copyright in the modifications he/she brings to the
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authority to grant the Licence.
Each time You accept the Licence, the original Licensor and subsequent Contributors
grant You a licence to their contributions to the Work, under the terms of this
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7. Disclaimer of Warranty
The Work is a work in progress, which is continuously improved by numerous
contributors. It is not a finished work and may therefore contain defects or “bugs”
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For the above reason, the Work is provided under the Licence on an “as is” basis and
without warranties of any kind concerning the Work, including without limitation
merchantability, fitness for a particular purpose, absence of defects or errors,
accuracy, non-infringement of intellectual property rights other than copyright as
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This disclaimer of warranty is an essential part of the Licence and a condition for the
grant of any rights to the Work.
8. Disclaimer of Liability
Except in the cases of wilful misconduct or damages directly caused to natural
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including without limitation, damages for loss of goodwill, work stoppage, computer
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9. Additional agreements
While distributing the Original Work or Derivative Works, You may choose to
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10. Acceptance of the Licence
The provisions of this Licence can be accepted by clicking on an icon “I agree”
placed under the bottom of a window displaying the text of this Licence or by
affirming consent in any other similar way, in accordance with the rules of applicable
law. Clicking on that icon indicates your clear and irrevocable acceptance of this
Licence and all of its terms and conditions.
Similarly, you irrevocably accept this Licence and all of its terms and conditions by
exercising any rights granted to You by Article 2 of this Licence, such as the use of
the Work, the creation by You of a Derivative Work or the Distribution and/or
Communication by You of the Work or copies thereof.
11. Information to the public
In case of any Distribution and/or Communication of the Work by means of electronic
communication by You (for example, by offering to download the Work from a
remote location) the distribution channel or media (for example, a website) must at
least provide to the public the information requested by the applicable law regarding
the Licensor, the Licence and the way it may be accessible, concluded, stored and
reproduced by the Licensee.
12. Termination of the Licence
The Licence and the rights granted hereunder will terminate automatically upon any
breach by the Licensee of the terms of the Licence.
Such a termination will not terminate the licences of any person who has received the
Work from the Licensee under the Licence, provided such persons remain in full
compliance with the Licence.
13. Miscellaneous
Without prejudice of Article 9 above, the Licence represents the complete agreement
between the Parties as to the Work licensed hereunder.
If any provision of the Licence is invalid or unenforceable under applicable law, this
will not affect the validity or enforceability of the Licence as a whole. Such provision
will be construed and/or reformed so as necessary to make it valid and enforceable.
The European Commission may publish other linguistic versions and/or new versions
of this Licence, so far this is required and reasonable, without reducing the scope of
the rights granted by the Licence. New versions of the Licence will be published with
a unique version number.
All linguistic versions of this Licence, approved by the European Commission, have
identical value. Parties can take advantage of the linguistic version of their choice.
14. Jurisdiction
Any litigation resulting from the interpretation of this License, arising between the
European Commission, as a Licensor, and any Licensee, will be subject to the
jurisdiction of the Court of Justice of the European Communities, as laid down in
article 238 of the Treaty establishing the European Community.
Any litigation arising between Parties, other than the European Commission, and
resulting from the interpretation of this License, will be subject to the exclusive
jurisdiction of the competent court where the Licensor resides or conducts its primary
business.
15. Applicable Law
This Licence shall be governed by the law of the European Union country where the
Licensor resides or has his registered office.
This licence shall be governed by the Belgian law if:
- a litigation arises between the European Commission, as a Licensor, and any
Licensee;
- the Licensor, other than the European Commission, has no residence or
registered office inside a European Union country.
===
Appendix
“Compatible Licences” according to article 5 EUPL are:
- GNU General Public License (GNU GPL) v. 2
- Open Software License (OSL) v. 2.1, v. 3.0
- Common Public License v. 1.0
- Eclipse Public License v. 1.0
- Cecill v. 2.0

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