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141
sdk_container/src/third_party/portage-stable/licenses/ALMWorks-1.2 vendored
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ALM WORKS LTD -- End User License Agreement -- Version 1.2 -- 2007-01-02
IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING ALM WORKS SOFTWARE, YOU (LICENSEE, AS DEFINED BELOW) ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
This End User License Agreement ("Agreement") is a legally binding agreement between you, on behalf of yourself and the legal entity for whom you are downloading and installing the software, or that has given you the authorization to use the software, whether explicit or implied ("Licensee", "You") and ALM Works Ltd, the developer and the owner of the software ("Licensor", "ALM Works").
1. DEFINITIONS
1.1 "Product Set" means all software and documentation items that are delivered to end-users by ALM Works under a single trade name.
1.2 "Product Version" means all software and documentation from a single Product Set that is labeled with the same numerical version tag. Version tag has the form of "M.N", where M is the major version number and N is the minor version number.
1.3 "Product" means all Product Versions that (a) belong to a single Product Set, referred to in License Keys and (b) have the same major version number that corresponds to the latest software version at the moment License Keys are delivered to the Licensee.
1.4 "License Keys" means electronic files that have been delivered to Licensee as a consequence of this Agreement, and that provide technical means for running the Product and that contain detailed information about the type of license and license options.
1.5 "License Key Type" means identifiable type of a License Key (with the help of the Product or of other software), and may be one of: single-user license (also known as full license), floating license, personal license, site license, evaluation license, academic license, license for open-source.
1.6 "License Key Capacity" means the maximum allowed concurrent users for the Floating and Academic License Key Types.
1.7 "Authorized Person" means either (a) solely you, the Licensee, if Licensee is an individual; (b) if Licensee is a legal entity, any employee, independent contractor and other temporary worker authorized by Licensee to use the Software while performing duties within the scope of their employment or assignment.
1.8 "Product Instance" means Product software executing on a single computer as a single process.
2. GRANT OF LICENSE
Provided that You agree and fully comply with this Agreement, subject to the terms and conditions set forth in this Agreement, ALM Works grants You a non-exclusive, non-transferable (with a single exception set forth in paragraph 12), limited license to use the Product as follows:
2.1. You may:
2.1.1. Install and use the Product on multiple computers, operating systems and accounts, subject to limitations set forth in paragraphs 4 - 8 according to License Key Types and License Keys Capacity;
2.1.2 Make backup copies of the Product and License Keys;
2.2 You may not:
2.2.1 Sell, redistribute (except for redistributing among Authorized Persons), encumber, give, lend, rent, lease, sublicense, or otherwise transfer the Product, or any portions of the Product, to anyone without prior written consent of the Licensor;
2.2.2 Decompile, disassemble, reverse engineer, modify, or translate the Software or otherwise attempt to discover the source code. You are given notice that any and all information obtained during such lawful reverse engineering and/or decompiling activities, including, but not limited to, the organization, logic, algorithms, and processes of the Product, is and shall remain the confidential and proprietary information of ALM Works or its licensors;
2.2.3 Modify the Product, create derivative works based on the Product, attempt to modify the Software, or attempt to create derivative works based on the Product.
3. OWNERSHIP
The Product is the property of the Licensor. The Product is licensed, not sold or otherwise transferred. You acknowledge and agree that:
3.1 The Product is protected under International and U.S. copyright laws;
3.2 ALM Works and its licensors retain all copyrights and other intellectual property rights in the Product;
3.3 There are no implied licenses under this Agreement, and any rights not expressly granted to you hereunder are reserved by ALM Works;
3.4 You acquire no ownership or other interest (other than your license rights) in or to the Product, including, but not limited to, any rights or interest in or to any trademark, service mark, logo or trade name of ALM Works or its licensors.
4. SINGLE-USER LICENSE TERMS
A License Key of type "Single-user license" or "Full license" or "Commercial license" allows only one Authorized Person to use the Product on multiple computers, provided that the software is not running on more than one computer at a time.
5. FLOATING LICENSE TERMS
A License Key of type "Floating license" allows any number of Authorized Persons to use the Product on multiple computers, provided that at any time the number of running Product Instances is not greater than the License Capacity.
ALM Works reserves the right to require technical means for controlling floating licenses use, such as a license server, to be installed at the Licensee's site(s).
6. PERSONAL LICENSE TERMS
A License Key of type "Personal license" allows only one individual to use the Product on multiple computers, provided that the software is not running on more than one computer at a time.
The licensee of a Personal license is always a person designated in the license key, not a legal entity, regardless of billing address.
The Product may have functional limitations when used with a Personal license.
7. SITE LICENSE
A License Key of type "Site license" allows unlimited number of Authorized Persons to use the Product, provided that the Product is used to work only with site(s) designated in the License Key.
The Product may have functional limitations when used with a Site license.
8. EVALUATION LICENSE TERMS
A License Key of type "Evaluation license" allows using the Product for a time-limited evaluation period without executing a purchase. During the evaluation period, the Product may be used for trial and testing purposes only and not for general commercial use. At the end of evaluation period Licensee has to either discontinue using the Product or pay licensee fee to remove evaluation restrictions.
9. ACADEMIC LICENSE TERMS
A License Key of type "Academic License" allows any number of Authorized Persons to use the Product on multiple computers for non-commercial, educational purposes only, provided that at any time the number of running Product Instances is not greater than the License Capacity.
Using the Product for commercial or non-educational purposes is not allowed by Academic License.
Academic License is valid only when Licensee is an accredited educational institution including vocational/trade schools, colleges and universities.
10. SPECIAL LICENSE TERMS
A License Key of type "License for Open-Source Projects" or "License for Open-Source" allows only one Authorized Person to use the Product on multiple computers, provided that the software is not running on more than one computer at a time, and provided that the Authorized Person uses the Product to work exclusively on non-commercial open-source projects specified in the License Key.
ALM Works reserves the right to limit the functionality of the Product to technically enforce the terms and limitations of a License for Open-Source Projects.
11. DELIVERY
The Product is delivered electronically. Licensee downloads the software and documentation from Licensor's web site. License Keys are delivered to Licensee by electronic mail within 48 hours after payment confirmation (for Academic, Single-user and Floating license keys) or within 48 hours after successful application (for Special and Evaluation license keys) is confirmed. ALM Works is not to be held responsible for any delay in delivering the license key to you that may arise due to the nature of electronic mail and the Internet.
12. NO WARRANTY. LIMITATION OF LIABILITY
THE PRODUCT 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 TO THE EXTENT NOT PROHIBITED BY LAW. IN NO EVENT SHALL THE ALM WORKS OR ITS LICENSORS 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.
13. TERMINATION
This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying License Keys. This Agreement will terminate immediately without notice from ALM Works if you fail to comply with any provision of this Agreement.
Agreement is terminated if you receive refund for returning the Product to ALM Works, as described in Return Policy on the ALM Works website.
You must stop using the Product once the License Agreement is terminated.
14. TRANSFER
You may perform a one full transfer of all rights granted by this Agreement to any other party, provided you meet the following conditions:
14.1 You destroy electronic license key on your computers and discontinue using the Product;
14.2 You send us a written notice about the transfer, including information about the transfer beneficiary and the number of licenses transferred, so that we can issue new electronic license keys for the beneficiary;
14.3 You will indemnify, defend and hold ALM Works and its licensors and suppliers and each of their respective employees, officers, directors and affiliates, harmless from and against any claims or liabilities arising out of Product transfer by you or third parties that have received the product from you.
14.4 You may not redistribute electronic license key. The new Product Licensee will have to acquire his own license key.
15. THIRD-PARTY SOFTWARE
The Product may include the software or other files provided by a third party vendor, which may be subject to additional license restrictions. You agree to abide by the corresponding third-party agreements, which may be found in "license" directory within the Product distribution, or on the third-party vendor's websites.
16. MARKETING
You agree to be identified as a customer of ALM Works and that ALM Works may refer to You by name, trade name and trademark, if applicable, and may briefly describe Your business in ALM Works marketing materials and on ALM Works web sites.
17. SUPPORT SERVICES
ALM Works provides you with support services related to the Product according to support policies described on ALM Works website.
Any supplemental software code or related materials that ALM Works provides to you as a part of the support services, in upgrades to the Product or otherwise, is to be considered part of the Product and is subject to the terms and conditions of this Agreement.
--
If you have any questions about this Agreement, please contact ALM Works Ltd at Times Center, Suite 214; St.Petersburg, 197342; Russian Federation; email: info@almworks.com

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sdk_container/src/third_party/portage-stable/licenses/ARIADNE vendored
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ARIADNE V.1.3
Copyright
Richard Mott 2000
Wellcome Trust Centre For Human Genetics
Univeristy of Oxford
Roosevelt Drive
Oxford OX3 7AD
UK
The software package ARIADNE is distributed in the hope that it will be
useful, but in order that the University as a charitable foundation
protects its assets for the benefit of its educational and research
purposes, the University makes clear that no condition is made or to
be implied, nor is any warranty given or to be implied, as to the
accuracy of ARIADNE, or that it will be suitable for
any particular purpose or for use under any specific conditions, or that
the content or use of ARIADNE will not constitute
or result in infringement of third-party rights. Furthermore, the
University disclaims all responsibility for the use which is made of
ARIADNE.

38
sdk_container/src/third_party/portage-stable/licenses/ASRP vendored
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PyCIFRW COPYRIGHT AND LICENSING STATEMENT
1.This Software copyright © Australian Synchrotron Research Program
Inc, ("ASRP").
2.Subject to ensuring that this copyright notice and licence terms
appear on all copies and all modified versions, of PyCIFRW computer
code ("this Software"), a royalty-free non-exclusive licence is hereby
given (i) to use, copy and modify this Software including the use of
reasonable portions of it in other software and (ii) to publish,
bundle and otherwise re-distribute this Software or modified versions
of this Software to third parties, provided that this copyright notice
and terms are clearly shown as applying to all parts of software
derived from this Software on each occasion it is published, bundled
or re-distributed. You are encouraged to communicate useful
modifications to ASRP for inclusion for future versions.
3.No part of this Software may be sold as a standalone package.
4.If any part of this Software is bundled with Software that is sold,
a free copy of the relevant version of this Software must be made
available through the same distribution channel (be that web server,
tape, CD or otherwise).
5.It is a term of exercise of any of the above royalty free licence
rights that ASRP gives no warranty, undertaking or representation
whatsoever whether express or implied by statute, common law, custom
or otherwise, in respect of this Software or any part of it. Without
limiting the generality of the preceding sentence, ASRP will not be
liable for any injury, loss or damage (including consequential loss or
damage) or other loss, loss of profits, costs, charges or expenses
however caused which may be suffered, incurred or arise directly or
indirectly in respect of this Software.
6. This software is not licensed for use in medical applications.

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sdk_container/src/third_party/portage-stable/licenses/ATOK vendored
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ATOK for Linux is copyrighted by Justsystem Corporation.
Please read /opt/atokx2/doc/information/license.html before
using it.

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sdk_container/src/third_party/portage-stable/licenses/AZARA vendored
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Azara, v2.7, copyright (C) 1993-2002 Wayne Boucher
and Department of Biochemistry, University of Cambridge.
This is a license for Azara, v2.7.
This license is to be signed by you on behalf of your institution
(hereinafter referred to as the "LICENSEE"), and returned to
Wayne Boucher (hereinafter referred to as the "LICENSOR").
The computer program, including source code and documentation,
are hereinafter referred to as the "SOFTWARE".
Terms of the License
1. A non-exclusive, non-transferable license is granted to the LICENSEE
to install and use the SOFTWARE on an appropriate computer system or systems
located at LICENSEE's institution to which the LICENSEE has authorized access.
Use of the SOFTWARE is restricted to LICENSEE and any collaborators at this
institution who have agreed to accept the terms of this license.
2. The LICENSOR retains ownership of all materials (including magnetic tape,
unless provided by the LICENSEE) and SOFTWARE delivered to LICENSEE. Any
modifications or derivative works based on the SOFTWARE are considered part
of the SOFTWARE and ownership thereof is retained by the LICENSOR, and are
to be made available to him upon request.
3. The LICENSEE may make a reasonable number of copies of the SOFTWARE for
the purposes of backup, maintenance of the SOFTWARE, or development of
derivative works based on the SOFTWARE. These additional copies will carry
the copyright notice and will be controlled by this license, and will be
destroyed by the LICENSEE upon termination of this license.
4. The LICENSEE shall not use SOFTWARE for any purpose (research or
otherwise) that is supported by a "for profit" organization without prior
written authorization from the LICENSOR.
5. The LICENSEE shall not disclose in any form either the delivered SOFTWARE
or any modifications or derivative works based on the SOFTWARE to third
parties without prior written authorization from the LICENSOR.
6. If the LICENSEE receives a request to furnish all or any portion of the
SOFTWARE to any third party, he will not fulfill such a request, and will
refer it in writing to the LICENSOR.
7. The LICENSEE agrees that the SOFTWARE is furnished on an "as is" basis,
and that the LICENSOR in no way warrants the SOFTWARE or any of its results
and is in no way liable for any use LICENSEE makes of the SOFTWARE.
8. LICENSEE agrees that any reports or publications of results obtained with
the SOFTWARE will acknowledge its use by an appropriate citation, such as
"Data were processed [in part] using the Azara suite of programs,
provided by Wayne Boucher and the Department of Biochemistry,
University of Cambridge. The code may be obtained via anonymous
ftp to www.bio.cam.ac.uk in the directory ~ftp/pub/azara."
9. The terms of this license shall not be limited in time.
To evidence your acceptance of the terms and conditions set forth above,
please sign in the indicated space and return this letter to the LICENSOR.
Wayne Boucher
_________________________ Date
_________________________________________________________________ Signature
_________________________________________________________________ Name
_________________________________________________________________ Institution
_________________________________________________________________ Address
_________________________________________________________________ Email

139
sdk_container/src/third_party/portage-stable/licenses/Activision vendored Normal file
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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

347
sdk_container/src/third_party/portage-stable/licenses/Adobe vendored
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ADOBE SYSTEMS INCORPORATED
End User License Agreement
Please return any accompanying registration form to receive registration
benefits.
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY
PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN
SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6 AND 7; AND
LIABILITY IN SECTION 8. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY
WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE
THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (e.g. CD)
WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS
AGREEMENT, YOU MAY OBTAIN A REFUND OF THE AMOUNT YOU ORIGINALLY PAID IF YOU:
(A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, TO THE
LOCATION FROM WHICH IT WAS OBTAINED WITHIN THIRTY (30) DAYS OF THE PURCHASE
DATE.
1. Definitions. "Software" means (a) all of the contents of the files,
disk(s), CD-ROM(s) or other media with which this Agreement is provided,
including but not limited to (i) Adobe or third party computer information or
software; (ii) digital images, stock photographs, clip art, sounds or other
artistic works ("Stock Files"); (iii) related explanatory written materials or
files ("Documentation"); and (iv) fonts; and (b) upgrades, modified versions,
updates, additions, and copies of the Software, if any, licensed to you by
Adobe (collectively, "Updates"). "Use" or "Using" means to access, install,
download, copy or otherwise benefit from using the functionality of the
Software in accordance with the Documentation. "Permitted Number" means one
(1) unless otherwise indicated under a valid license (e.g. volume license)
granted by Adobe. "Computer" means an electronic device that accepts
information in digital or similar form and manipulates it for a specific result
based on a sequence of instructions. "Adobe" means Adobe Systems Incorporated,
a Delaware corporation, 345 Park Avenue, San Jose, California 95110, if
subsection 10(a) of this Agreement applies; otherwise it means Adobe Systems
Benelux BV, Europlaza, Hoogoorddreef 54a, 1101 BE Amsterdam ZO, the
Netherlands, a company organized under the laws of the Netherlands and an
affiliate and licensee of Adobe Systems Incorporated.
2. Software License. As long as you comply with the terms of this End User
License Agreement (the "Agreement"), Adobe grants to you a non-exclusive
license to Use the Software for the purposes described in the Documentation.
Some third party materials included in the Software may be subject to other
terms and conditions, which are typically found in a "Read Me" file located
near such materials.
2.1. General Use. You may install and Use a copy of the Software on your
compatible computer, up to the Permitted Number of computers; or
2.2. Server Use. You may install one copy of the Software on your computer
file server for the purpose of downloading and installing the Software onto
other computers within your internal network up to the Permitted Number or you
may install one copy of the Software on a computer file server within your
internal network for the sole and exclusive purpose of using the Software
through commands, data or instructions (e.g. scripts) from an unlimited number
of computers on your internal network. No other network use is permitted,
including but not limited to, using the Software either directly or through
commands, data or instructions from or to a computer not part of your internal
network, for internet or web hosting services or by any user not licensed to
use this copy of the Software through a valid license from Adobe; and
2.3. Backup Copy. You may make one backup copy of the Software, provided your
backup copy is not installed or used on any computer. You may not transfer the
rights to a backup copy unless you transfer all rights in the Software as
provided under Section 4.
2.4. Home Use. You, as the primary user of the computer on which the Software
is installed, may also install the Software on one of your home computers.
However, the Software may not be used on your home computer at the same time
the Software on the primary computer is being used.
2.5. Stock Files. Unless stated otherwise in the "Read-Me" files associated
with the Stock Files, which may include specific rights and restrictions with
respect to such materials, you may display, modify, reproduce and distribute
any of the Stock Files included with the Software. However, you may not
distribute the Stock Files on a stand-alone basis, i.e., in circumstances in
which the Stock Files constitute the primary value of the product being
distributed. Stock Files may not be used in the production of libelous,
defamatory, fraudulent, lewd, obscene or pornographic material or any material
that infringes upon any third party intellectual property rights or in any
otherwise illegal manner. You may not claim any trademark rights in the Stock
Files or derivative works thereof.
2.6. Font Software. If the Software includes font software -
2.6.1. You may Use the font software as described above on the Permitted Number
of computers and output such font software on any output devices connected to
such computers.
2.6.2. If the Permitted Number of computers is five or fewer, you may download
the font software to the memory (hard disk or RAM) of one output device
connected to at least one of such computers for the purpose of having such font
software remain resident in the output device, and of one additional such
output device for every multiple of five represented by the Permitted Number of
computers.
2.6.3. You may take a copy of the font(s) you have used for a particular file
to a commercial printer or other service bureau, and such service bureau may
Use the font(s) to process your file, provided such service bureau has a valid
license to Use that particular font software.
2.6.4. You may convert and install the font software into another format for
use in other environments, subject to the following conditions: A computer on
which the converted font software is used or installed shall be considered as
one of your Permitted Number of computers. Use of the font software you have
converted shall be pursuant to all the terms and conditions of this Agreement.
Such converted font software may be used only for your own customary internal
business or personal use and may not be distributed or transferred for any
purpose, except in accordance with the Transfer section below.
2.6.5 You may embed the font software, or outlines of the font software, into
your electronic documents to the extent that the font vendor copyright owner
allows for such embedding. The fonts contained in this package may contain both
Adobe and non-Adobe owned fonts. You may fully embed any font owned by Adobe.
Refer to the font sample sheet or font information file to determine font
ownership. See the Documentation for location and information on how to access
these sheets and files.
2.7 To the extent that the Software includes Adobe Acrobat Reader software,
(i) you may customize the installer for such software in accordance with the
restrictions found at www.adobe.com (e.g., installation of additional plug-in
and help files); however, you may not otherwise alter or modify the installer
program or create a new installer for any of such software, (ii) such software
is licensed and distributed by Adobe for viewing, distributing and sharing PDF
files, and (iii) you are not authorized to use any plug-in or enhancement that
permits you to save modifications to a PDF file with such software; however,
such use is authorized with Adobe Acrobat, Adobe Acrobat Business Tools, and
other current and future Adobe products that feature the creation or
manipulation of PDF files. For information on how to distribute Adobe Acrobat(
Reader( and Adobe SVG Viewer please refer to the sections entitled "How to
Distribute Acrobat Reader" and "How to Distribute SVG Viewer" at www.adobe.com.
3. Intellectual Property Rights. The Software and any copies that you are
authorized by Adobe to make are the intellectual property of and are owned by
Adobe Systems Incorporated and its suppliers. The structure, organization and
code of the Software are the valuable trade secrets and confidential
information of Adobe Systems Incorporated and its suppliers. The Software is
protected by copyright, including without limitation by United States Copyright
Law, international treaty provisions and applicable laws in the country in
which it is being used. You may not copy the Software, except as set forth in
Section 2 ("Software License"). Any copies that you are permitted to make
pursuant to this Agreement must contain the same copyright and other
proprietary notices that appear on or in the Software. Except for font software
converted to other formats as permitted in section 2.6.4, you agree not to
modify, adapt or translate the Software.You also agree not to reverse engineer,
decompile, disassemble or otherwise attempt to discover the source code of the
Software except to the extent you may be expressly permitted to decompile under
applicable law, it is essential to do so in order to achieve operability of the
Software with another software program, and you have first requested Adobe to
provide the information necessary to achieve such operability and Adobe has not
made such information available. Adobe has the right to impose reasonable
conditions and to request a reasonable fee before providing such information.
Any information supplied by Adobe or obtained by you, as permitted hereunder,
may only be used by you for the purpose described herein and may not be
disclosed to any third party or used to create any software which is
substantially similar to the expression of the Software. Requests for
information should be directed to the Adobe Customer Support Department.
Trademarks shall be used in accordance with accepted trademark practice,
including identification of trademarks owners' names. Trademarks can only be
used to identify printed output produced by the Software and such use of any
trademark does not give you any rights of ownership in that trademark. Except
as expressly stated above, this Agreement does not grant you any intellectual
property rights in the Software.
4. Transfer. You may not, rent, lease, sublicense or authorize all or any
portion of the Software to be copied onto another users computer except as may
be expressly permitted herein. You may, however, transfer all your rights to
Use the Software to another person or legal entity provided that: (a) you also
transfer each this Agreement, the Software and all other software or hardware
bundled or pre-installed with the Software, including all copies, Updates and
prior versions, and all copies of font software converted into other formats,
to such person or entity; (b) you retain no copies, including backups and
copies stored on a computer; and (c) the receiving party accepts the terms and
conditions of this Agreement and any other terms and conditions upon which you
legally purchased a license to the Software. Notwithstanding the foregoing, you
may not transfer education, pre-release, or not for resale copies of the
Software.
5. Multiple Environment Software / Multiple Language Software / Dual Media
Software / Multiple Copies/ Bundles / Updates. If the Software supports
multiple platforms or languages, if you receive the Software on multiple media,
if you otherwise receive multiple copies of the Software, or if you received
the Software bundled with other software, the total number of your computers on
which all versions of the Software are installed may not exceed the Permitted
Number. You may not, rent, lease, sublicense, lend or transfer any versions or
copies of such Software you do not Use. If the Software is an Update to a
previous version of the Software, you must possess a valid license to such
previous version in order to Use the Update. You may continue to Use the
previous version of the Software on your computer after you receive the Update
to assist you in the transition to the Update, provided that: the Update and
the previous version are installed on the same computer; the previous version
or copies thereof are not transferred to another party or computer unless all
copies of the Update are also transferred to such party or computer; and you
acknowledge that any obligation Adobe may have to support the previous version
of the Software may be ended upon availability of the Update.
6. NO WARRANTY. The Software is being delivered to you "AS IS" and Adobe
makes no warranty as to its use or performance. ADOBE AND ITS SUPPLIERS DO NOT
AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE
SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE
EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW
APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS MAKE NO
WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY
STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING
WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY,
INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
7. Pre-release Product Additional Terms. If the product you have received
with this license is pre-commercial release or beta Software ("Pre-release
Software"), then the following Section applies. To the extent that any
provision in this Section is in conflict with any other term or condition in
this Agreement, this Section shall supercede such other term(s) and
condition(s) with respect to the Pre-release Software, but only to the extent
necessary to resolve the conflict. You acknowledge that the Software is a
pre-release version, does not represent final product from Adobe, and may
contain bugs, errors and other problems that could cause system or other
failures and data loss. Consequently, the Pre-release Software is provided to
you "AS-IS", and Adobe disclaims any warranty or liability obligations to you
of any kind. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE
SOFTWARE, BUT IT MAY BE LIMITED, ADOBE'S LIABILITY AND THAT OF ITS SUPPLIERS
SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL. You
acknowledge that Adobe has not promised or guaranteed to you that Pre-release
Software will be announced or made available to anyone in the future, that
Adobe has no express or implied obligation to you to announce or introduce the
Pre-release Software and that Adobe may not introduce a product similar to or
compatible with the Pre-release Software. Accordingly, you acknowledge that any
research or development that you perform regarding the Pre-release Software or
any product associated with the Pre-release Software is done entirely at your
own risk. During the term of this Agreement, if requested by Adobe, you will
provide feedback to Adobe regarding testing and use of the Pre-release
Software, including error or bug reports. If you have been provided the
Pre-release Software pursuant to a separate written agreement, such as the
Adobe Systems Incorporated Serial Agreement for Unreleased Products, your use
of the Software is also governed by such agreement. You agree that you may not
and certify that you will not sublicense, lease, loan, rent, or transfer the
Pre-release Software. Upon receipt of a later unreleased version of the
Pre-release Software or release by Adobe of a publicly released commercial
version of the Software, whether as a stand-alone product or as part of a
larger product, you agree to return or destroy all earlier Pre-release Software
received from Adobe and to abide by the terms of the End User License Agreement
for any such later versions of the Pre-release Software. Notwithstanding
anything in this Section to the contrary, if you are located outside the United
States of America, you agree that you will return or destroy all unreleased
versions of the Pre-release Software within thirty (30) days of the completion
of your testing of the Software when such date is earlier than the date for
Adobe's first commercial shipment of the publicly released (commercial)
Software.
8. LIMITATION OF LIABILITY. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE
TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL,
INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN
ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES,
CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS
AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR
JURISDICTION. ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR
IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE
SOFTWARE, IF ANY. Nothing contained in this Agreement limits Adobe's liability
to you in the event of death or personal injury resulting from Adobe's
negligence or for the tort of deceit (fraud). Adobe is acting on behalf of its
suppliers for the purpose of disclaiming, excluding and/or limiting
obligations, warranties and liability as provided in this Agreement, but in no
other respects and for no other purpose. For further information, please see
the jurisdiction specific information at the end of this Agreement, if any, or
contact Adobe's Customer Support Department.
9. Export Rules. You agree that the Software will not be shipped, transferred
or exported into any country or used in any manner prohibited by the United
States Export Administration Act or any other export laws, restrictions or
regulations (collectively the "Export Laws"). In addition, if the Software is
identified as export controlled items under the Export Laws, you represent and
warrant that you are not a citizen, or otherwise located within, an embargoed
nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba,
North Korea, and Serbia) and that you are not otherwise prohibited under the
Export Laws from receiving the Software. All rights to Use the Software are
granted on condition that such rights are forfeited if you fail to comply with
the terms of this Agreement.
10. Governing Law. This Agreement will be governed by and construed in
accordance with the substantive laws in force: (a) in the State of California,
if a license to the Software is purchased when you are in the United States,
Canada, or Mexico; or (b) in Japan, if a license to the Software is purchased
when you are in Japan, China, Korea, or other Southeast Asian country where all
official languages are written in either an ideographic script (e.g., hanzi,
kanji, or hanja), and/or other script based upon or similar in structure to an
ideographic script, such as hangul or kana; or (c) the Netherlands, if a
license to the Software is purchased when you are in any other jurisdiction not
described above. The respective courts of Santa Clara County, California when
California law applies, Tokyo District Court in Japan, when Japanese law
applies, and the courts of Amsterdam, the Netherlands, when the law of the
Netherlands applies, shall each have non-exclusive jurisdiction over all
disputes relating to this Agreement. This Agreement will not be governed by the
conflict of law rules of any jurisdiction or the United Nations Convention on
Contracts for the International Sale of Goods, the application of which is
expressly excluded.
11. General Provisions. If any part of this Agreement is found void and
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 shall not prejudice the statutory rights of any party dealing as a
consumer. This Agreement may only be modified by a writing signed by an
authorized officer of Adobe. Updates may be licensed to you by Adobe with
additional or different terms. This is the entire agreement between Adobe and
you relating to the Software and it supersedes any prior representations,
discussions, undertakings, communications or advertising relating to the
Software.
12. Notice to U.S. Government End Users. The Software and Documentation are
"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 or 48 C.F.R.
§227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R.
§§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer
Software and Commercial Computer Software Documentation are being licensed to
U.S. Government end users (a) only as Commercial Items and (b) with only those
rights as are granted to all other end users pursuant to the terms and
conditions herein. Unpublished-rights reserved under the copyright laws of the
United States. Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA
95110-2704, USA. For U.S. Government End Users, Adobe agrees to comply with all
applicable equal opportunity laws including, if appropriate, the provisions of
Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans
Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the
Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts
60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and
regulations contained in the preceding sentence shall be incorporated by
reference in this Agreement.
13. Compliance with Licenses. If you are a business or organization, you agree
that upon request from Adobe or Adobe's authorised representative, you will
within thirty (30) days fully document and certify that use of any and all
Adobe Software at the time of the request is in conformity with your valid
licenses from Adobe.
If you have any questions regarding this Agreement or if you wish to request
any information from Adobe please use the address and contact information
included with this product to contact the Adobe office serving your
jurisdiction.
Adobe, Acrobat, Acrobat Reader, and After Effects are either registered
trademarks or trademarks of Adobe Systems Incorporated in the United States
and/or other countries.
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ADOBE
Personal Computer Software License Agreement
1. WARRANTY DISCLAIMER, BINDING AGREEMENT AND ADDITIONAL TERMS AND AGREEMENTS.
1.1 WARRANTY DISCLAIMER. THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU
“AS IS” AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT
AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE
SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO
THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE
EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS
SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS,
REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW,
CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION
NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY
QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10
SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL
NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF
THIS AGREEMENT.
1.2 BINDING AGREEMENT: By using, copying or distributing all or any portion of the Adobe
Software, you accept all the terms and conditions of this agreement, including, in particular, the
provisions on:
- Use (Section 3);
- Transferability (Section 5);
- Connectivity and Privacy (Section 7), including:
- Updating,
- Local Storage,
- Settings Manager,
- Peer Assisted Networking Technology,
- Content Protection Technology, and
- Use of Adobe Online Services;
- Warranty Disclaimer (Section 1.1), and;
- Liability Limitations (Sections 10 and 17).
Upon acceptance, this agreement is enforceable against you and any entity that obtained the
Software and on whose behalf it is used. If you do not agree, do not Use the Software.
1.3 ADDITIONAL TERMS AND AGREEMENTS. Adobe permits you to Use the Software only in
accordance with the terms of this agreement. Use of some third party materials included in the
Software may be subject to other terms and conditions typically found in a separate license
agreement, a “Read Me” file located near such materials or in the “Third Party Software Notices
and/or Additional Terms and Conditions” found at http://www.adobe.com/go/thirdparty. Such other
terms and conditions will supersede all or portions of this agreement in the event of a conflict with
the terms and conditions of this agreement.
2. Definitions.
“Adobe” means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose,
California 95110, if subsection 12(a) of this agreement applies; otherwise it means Adobe Systems
Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland, a company
organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated.
“Compatible Computer” means a Computer that conforms to the system requirements of the Software
as specified in the Documentation.
“Computer” means a virtual machine or physical personal electronic device that accepts information in
digital or similar form and manipulates it for a specific result based on a sequence of instructions.
“Personal Computer” or “PC” shall mean a hardware product which is designed and marketed with the
primary purpose of operating a wide variety of productivity, entertainment, and other software
applications provided by unrelated third party software vendors, which operates depending upon the
use of a full function and full feature set computer operating system of the type(s) then in widespread
use with hardware to operate general purpose laptop, desktop, server, and large format tablet
microprocessor based computers. This definition of Personal Computer shall exclude hardware
products that are designed and/or marketed to have as their primary purpose any number of the
following: television, television receiver, portable media player, audio/video receiver, radio, audio
headphone, audio speaker, personal digital assistant (“PDA”), telephone or similar telephony based
device, game console, personal video recorder (“PVR”), player for digital versatile disc (“DVD”) or other
optical media, video camera, still camera, camcorder, video editing and format conversion device, video
image projection device, and shall further exclude any similar type of consumer, professional or
industrial device.
“Software” means (a) all of the contents of the files (delivered electronically or on physical media), or
disk(s) or other media with which this agreement is provided, which may include (i) Adobe or third
party computer information or software, including Adobe Reader® (“Adobe Reader”), Adobe® AIR®
(“Adobe AIR”), Adobe Flash® Player, Shockwave® Player and Authorware® Player (collectively, Adobe AIR
and the Flash, Shockwave and Authorware players are the “Adobe Runtimes”); (ii) related explanatory
written materials or files (“Documentation”); and (iii) fonts; and (b) upgrades, modified versions,
updates, additions, and copies of the foregoing, provided to you by Adobe at any time (collectively,
“Updates”).
“Use” means to access, install, download, copy, or otherwise benefit from using the functionality of the
Software.
3. Software License.
If you obtained the Software from Adobe or one of its authorized licensees, and subject to your
compliance with the terms of this agreement, including the restrictions in Section 4, Adobe grants to
you a non-exclusive license to Use the Software in the manner and for the purposes described in the
Documentation as follows:
3.1 General Use. You may install and Use one copy of the Software on your Compatible Computer. See
Section 4 for important restrictions on the Use of the Software.
3.2 Server Use. This agreement does not permit you to install or Use the Software on a computer file
server. For information on Use of Software on a computer file server please refer to
http://www.adobe.com/go/acrobat_distribute for information about Adobe Reader; or
http://www.adobe.com/go/licensing for information about the Adobe Runtimes.
3.3 Distribution. This license does not grant you the right to sublicense or distribute the Software. For
information about obtaining the right to distribute the Software on tangible media or through an
internal network or with your product or service please refer to
http://www.adobe.com/go/acrobat_distribute for information about Adobe Reader; or
http://www.adobe.com/go/licensing for information about the Adobe Runtimes.
3.4 Backup Copy. You may make one backup copy of the Software, provided your backup copy is not
installed or used other than for archival purposes. You may not transfer the rights to a backup copy
unless you transfer all rights in the Software as provided under Section 5.
4. Obligations and Restrictions.
4.1 Adobe Runtime Restrictions. You will not Use any Adobe Runtime on any non-PC device or with any
embedded or device version of any operating system. For the avoidance of doubt, and by example only,
you may not Use an Adobe Runtime on any (a) mobile device, set top box (STB), handheld, phone,
game console, TV, DVD player, media center (other than with Windows XP Media Center Edition and its
successors), electronic billboard or other digital signage, Internet appliance or other Internet-connected
device, PDA, medical device, ATM, telematic device, gaming machine, home automation system, kiosk,
remote control device, or any other consumer electronics device, (b) operator-based mobile, cable,
satellite, or television system or (c) other closed system device. No right or license to Use any Adobe
Runtime is granted for such prohibited uses. For information on Software license terms for non-PC
versions of Adobe Runtimes please visit http://www.adobe.com/go/runtime_mobile_EULA. For
information on licensing Adobe Runtimes for distribution on such systems please visit
http://www.adobe.com/go/licensing.
4.1.1 AVC Video Restrictions. The Software may contain H.264/AVC video technology, the use of which
requires the following notice from MPEG-LA, L.L.C.:
THIS SOFTWARE IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL
AND NON-COMMERCIAL USE OF A CONSUMER TO (I) ENCODE VIDEO IN COMPLIANCE WITH THE
AVC STANDARD (“AVC VIDEO”) AND/OR (II) DECODE AVC VIDEO THAT WAS ENCODED BY A
CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED
FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL
BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA,
L.L.C. SEE http://www.adobe.com/go/mpegla.
4.1.2 H.264/AVC Software Encoding. The H.264/AVC software encoding functionality available in the
Adobe Runtimes is licensed solely for personal, non-commercial use. For more information on
obtaining the right to use the H.264/AVC software encoding functionality for commercial purposes,
please refer to http://www.adobe.com/go/licensing.
4.2 Adobe Flash Player Restrictions. You will not use Adobe Flash Player with any application or device
that circumvents technological measures for the protection of video, audio, and/or data content,
including any of Adobe’s secure RTMP measures. No right or license to use Adobe Flash Player is
granted for such prohibited uses.
4.3 Adobe Reader Restrictions.
4.3.1 Conversion Restrictions. You will not integrate or use Adobe Reader with any other software, plug-
in or enhancement that uses or relies upon Adobe Reader when converting or transforming PDF files
into a different format (e.g., a PDF file into a TIFF, JPEG, or SVG file).
4.3.2 Plug-in Restrictions. You will not integrate or use Adobe Reader with any plug-in software not
developed in accordance with the Adobe Integration Key License Agreement, more information can be
found at http://www.adobe.com/go/rikla_program.
4.3.3 Disabled Features. Adobe Reader may contain features or functionalities that are hidden or appear
disabled or “grayed out” (the “Disabled Features”). Disabled Features will activate only when opening a
PDF document that was created using enabling technology available only from Adobe. You will not
access, or attempt to access, any Disabled Features other than through the use of such enabling
technologies, nor will you rely on Adobe Reader to create a feature substantially similar to any Disabled
Feature or otherwise circumvent the technology that controls activation of any such feature. For more
information on disabled features, please refer to http://www.adobe.com/go/readerextensions.
4.4 Notices. You shall not alter or remove any copyright or other proprietary notice that appears on or
in the Software.
4.5 No Modification or Reverse Engineering. You shall not modify, adapt, translate, or create derivative
works based upon the Software. You shall not reverse engineer, decompile, disassemble, or otherwise
attempt to discover the source code of the Software. If you are located in the European Union, please
refer to the additional terms at the end of this agreement under the header “European Union
Provisions,” in Section 16.
5. Transfer.
You may not rent, lease, sublicense, assign, or transfer your rights in the Software, or authorize all or any
portion of the Software to be copied onto another user’s Computer except as may be expressly
permitted by this agreement. You may, however, transfer all your rights to Use the Software to another
person or legal entity provided that: (a) you also transfer (i) this agreement, and (ii) the Software and all
other software or hardware bundled or pre-installed with the Software, including all copies, Updates,
and prior versions, to such person or entity, (b) you retain no copies, including backups and copies
stored on a Computer, and (c) the receiving party accepts the terms and conditions of this agreement
and any other terms and conditions upon which you obtained a valid license to the Software.
Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of
the Software.
6. Intellectual Property Ownership, Reservation of Rights.
The Software and any authorized copies that you make are the intellectual property of Adobe and its
suppliers. The structure, organization, and code of the Software are the valuable intellectually property
(e.g. trade secrets and confidential information) of Adobe and its suppliers. The Software is protected by
law, including without limitation the copyright laws of the United States and other countries, and by
international treaty provisions. Except as expressly stated herein, this agreement does not grant you any
intellectual property rights in the Software and all rights not expressly granted are reserved by Adobe
and its suppliers.
7. Connectivity and Privacy. You acknowledge and agree to the following:
7.1 Use of PDF Files. When you Use the Software to open a PDF file that has been enabled to display
ads, your Computer may connect to a website operated by Adobe, an advertiser, or other third party.
Your Internet Protocol address (“IP Address”) is sent when this happens. The party hosting the site may
use technology to send (or “serve”) advertising or other electronic content that appears in or near the
opened PDF file. The website operator may also use JavaScript, web beacons (also known as action tags
or single-pixel gifs), and other technologies to increase and measure the effectiveness of advertisements
and to personalize advertising content. Your communication with Adobe websites is governed by the
Adobe Online Privacy Policy found at http://www.adobe.com/go/privacy (“Adobe Online Privacy
Policy”). Adobe may not have access to or control over features that a third party may use, and the
information practices of third party websites are not covered by the Adobe Online Privacy Policy.
7.2 Updating. If your Computer is connected to the Internet, the Software may, without additional
notice, check for Updates that are available for automatic download and installation to your Computer
and let Adobe know the Software is successfully installed. For Reader, Updates may be automatically
downloaded but not installed without additional notice unless you change your preferences to accept
automatic installation. Only non-personally identifying information is transmitted to Adobe when this
happens, except to the extent that IP Addresses may be considered personally identifiable in some
jurisdictions. The use of such information, including your IP Address, as provided by the auto update
process is governed by the Adobe Online Privacy Policy. Please consult the Documentation for
information about changing default update settings at http://www.adobe.com/go/settingsmanager for
Flash Player, http://www.adobe.com/go/update_details_url (or successor website) for Reader, and
http://www.adobe.com/go/air_update_details for Adobe AIR.
7.3 Local Storage. Flash Player and Adobe AIR may allow third parties to store certain information on
your Computer in a local data file known as a local shared object. The type and amount of information
that the third party application requests to be stored in a local shared object can vary by application and
such requests are controlled by the third party. To find more information on local shared objects and
learn how to limit or control the storage of local shared objects on your Computer, please visit
http://www.adobe.com/go/flashplayer_security.
7.4 Settings Manager. Flash Player and third-party programs using Adobe AIR may save certain user
settings by storing them on your Computer as a local shared object. These settings do not contain
personally identifiable information associated with you. They are associated with the instance of Flash
Player or the third-party program using Adobe AIR on your Computer, allowing you to customize
runtime features. The Flash Player Settings Manager permits you to modify such settings, including the
ability to limit third parties from storing local shared objects or grant third party content the right to
access your computer’s microphone and camera. You can find more information on how to configure
settings in your version of Flash Player, including information on how to disable local shared objects
using the Flash Player Settings Manager, at http://www.adobe.com/go/settingsmanager. You can
remove equivalent settings for third-party programs using Adobe AIR by uninstalling the third-party
program.
7.5 Peer Assisted Networking Technology. Adobe Flash Player and Adobe AIR runtimes provide the
ability for applications built by third parties to connect to an Adobe Server or Service and permit direct
communication between two Adobe Runtime clients or to connect an Adobe Runtime client as part of a
peer or distributed network that allows a portion of your resources, such as network bandwidth, to be
made directly available to other participants. Prior to joining such peer or distributed network, you will
be provided with the opportunity to accept such connectivity. You can manage Peer Assisted
Networking settings using the Flash Player Settings Manager. Learn more about using the Settings
Manager at http://www.adobe.com/go/settingsmanager. You can find more information on Peer
Assisted Networking at http://www.adobe.com/go/RTMFP.
7.6 Content Protection Technology. If you Use the Adobe Runtimes to access content that has been
protected with Adobe Flash Media Rights Management Server or Flash Access software (“Content
Protection”), in order to let you play the protected content, the Software may automatically request
media usage rights and individualization from a server on the Internet, and may download and install
required components of the Software, including any available Content Protection Updates. You can
clear the content license information using the Flash Player Settings Manager. Learn more about using
the Settings Manager at http://www.adobe.com/go/settingsmanager. You can find more information on
Content Protection at http://www.adobe.com/go/protected_content.
7.7 Use of Adobe Online Services. If your Computer is connected to the Internet, the Software may,
without additional notice and on an intermittent or regular basis, facilitate your access to content and
services that are hosted on websites maintained by Adobe or its affiliates (“Adobe Online Services”).
Examples of such Adobe Online Services might include, but are not limited to: Acrobat.com. In some
cases an Adobe Online Service might appear as a feature or extension within the Software even though
it is hosted on a website. In some cases, access to an Adobe Online Service might require a separate
subscription or other fee in order to access it, and/or your assent to additional terms of use. Adobe
Online Services might not be available in all languages or to residents of all countries and Adobe may, at
any time and for any reason, modify or discontinue the availability of any Adobe Online Service. Adobe
also reserves the right to begin charging a fee for access to or use of an Adobe Online Service that was
previously offered at no charge. If your Computer is connected to the Internet, the Software may,
without additional notice, update downloadable materials from these Adobe Online Services so as to
provide immediate availability of these Adobe Online Services even when you are offline. When the
Software connects to the Internet as a function of an Adobe Online Service, your IP Address, user name,
and password may be sent to Adobe’s servers and stored by Adobe in accordance with the Additional
Terms of Use or the “help” menu in the Software. This information may be used by Adobe to send you
transactional messages to facilitate the Adobe Online Service. Adobe may display in-product marketing
to provide information about the Software and other Adobe products and Services, including but not
limited to Adobe Online Services, based on certain Software specific features including but not limited
to, the version of the Software, including without limitation, platform version, version of the Software,
and language. For further information about in-product marketing, please see the “help” menu in the
Software. Whenever the Software makes an Internet connection and communicates with an Adobe
website, whether automatically or due to explicit user request, the Adobe Online Privacy Policy shall
apply. Additionally, unless you are provided with separate terms of use at that time, the Adobe.com
Terms of Use (http://www.adobe.com/go/terms) shall apply. Please note that the Adobe Privacy Policy
allows tracking of website visits and it addresses in detail the topic of tracking and use of cookies, web
beacons, and similar devices.
8. Third Party Offerings. You acknowledge and agree to the following:
8.1 Third Party Offerings. The Software may allow you to access and interoperate with third party
content, software applications, and data services, including rich Internet applications (“Third Party
Offerings”). Your access to and use of any Third Party Offering, including any goods, services, or
information, is governed by the terms and conditions respecting such offerings and copyright laws of the
United States and other countries. Third Party Offerings are not owned or provided by Adobe. You agree
that you will not use any of such Third Party Offerings in violation of copyright laws of the United States
or other countries. Adobe or the third party may at any time, for any reason, modify or discontinue the
availability of any Third Party Offerings. Adobe does not control, endorse, or accept responsibility for
Third Party Offerings. Any dealings between you and any third party in connection with a Third Party
Offerings, including such party’s privacy policies and use of your personal information, delivery of and
payment for goods and services, and any other terms, conditions, warranties, or representations
associated with such dealings, are solely between you and such third party. Third Party Offerings might
not be available in all languages or to residents of all countries and Adobe or the third party may, at any
time and for any reason, modify or discontinue the availability of any Third Party Offerings.
8.2 EXCEPT AS EXPRESSLY AGREED BY ADOBE OR ITS AFFILIATES OR A THIRD PARTY IN A SEPARATE
AGREEMENT, YOUR USE OF ADOBE AND THIRD PARTY OFFERINGS IS AT YOUR OWN RISK UNDER
THE WARRANTY AND LIABILITY LIMITATIONS OF SECTIONS 1.1 AND 10.
9. Digital Certificates. You acknowledge and agree to the following:
9.1 Use. Adobe AIR uses digital certificates to help you identify the publisher of Adobe AIR applications
created by third parties. Additionally, Adobe AIR uses digital certificates to establish the identity of
servers accessed via the Transport Layer Security (TLS) protocol, including access via HTTPS. Adobe
Reader uses digital certificates to sign and validate signatures within PDF documents and to validate
certified PDF documents. Adobe Runtimes use digital certificates to secure protected content from
unauthorized usage. Your Computer may connect to the Internet at the time of validation of a digital
certificate in order to download current certificate revocation lists (CRLs) or to update the list of digital
certificates. This access may be made both by the Software and by applications based on the Software.
Digital certificates are issued by third party certificate authorities, including Adobe Certified Document
Services (CDS) vendors listed at http://www.adobe.com/go/partners_cds and Adobe Approved Trust
List (AATL) vendors listed at http://www.adobe.com/go/aatl, and individualization vendors found at
http://www.adobe.com/go/protected_content (collectively “Certification Authorities”), or can be self-
signed.
9.2 Terms and Conditions. Purchase, use and reliance upon digital certificates are the responsibility of
you and a Certification Authority. Before you rely upon any certified document, digital signature, or
Certification Authority services, you should review the applicable terms and conditions under which the
relevant Certification Authority provides services, including, for example, any subscriber agreements,
relying party agreements, certificate policies, and practice statements. See the links on
http://www.adobe.com/go/partners_cds for information about Adobe’s CDS vendors and
http://www.adobe.com/go/aatl for information about Adobe’s AATL vendors.
9.3 Acknowledgement. You agree that (a) a digital certificate may have been revoked prior to the time
of verification, making the digital signature or certificate appear valid when in fact it is not, (b) the
security or integrity of a digital certificate may be compromised due to an act or omission by the signer
of the document, the applicable Certification Authority, or any other third party, and (c) a certificate may
be a self-signed certificate not provided by a Certification Authority. YOU ARE SOLELY RESPONSIBLE
FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE. UNLESS A SEPARATE WRITTEN
WARRANTY IS PROVIDED TO YOU BY A CERTIFICATION AUTHORITY, YOU USE DIGITAL
CERTIFICATES AT YOUR SOLE RISK.
9.4 Third Party Beneficiaries. You agree that any Certification Authority you rely upon is a third party
beneficiary of this agreement and shall have the right to enforce this agreement in its own name as if it
were Adobe.
9.5 Indemnity. You agree to hold Adobe and any applicable Certification Authority (except as expressly
provided in its terms and conditions) harmless from any and all liabilities, losses, actions, damages, or
claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any use
of, or reliance on, by you or any third party that receives a document from you with a digital certificate,
any service of such authority, including, without limitation (a) reliance on an expired or revoked
certificate, (b) improper verification of a certificate, (c) use of a certificate other than as permitted by any
applicable terms and conditions, this agreement, or applicable law; (d) failure to exercise reasonable
judgment under the circumstances in relying on issuer services or certificates, or (e) failure to perform
any of the obligations as required in the terms and conditions related to the services.
10. Limitation of Liability.
IN NO EVENT WILL ADOBE, ITS SUPPLIERS, OR CERTIFICATION AUTHORITIES BE LIABLE TO YOU FOR
ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT,
INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIMS.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE
LAW IN YOUR JURISDICTION. ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS AND
CERTIFICATION AUTHORITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE
LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this agreement
limits Adobe’s liability to you in the event of death or personal injury resulting from Adobe’s negligence
or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers and Certification Authorities for
the purpose of disclaiming, excluding, and/or limiting obligations, warranties, and liability as provided in
this agreement, but in no other respects and for no other purpose. For further information, please see
the jurisdiction specific information at the end of this agreement, if any, or contact Adobe’s Customer
Support Department.
11. Export Rules.
You agree that the Software will not be shipped, transferred, or exported into any country or used in any
manner prohibited by the United States Export Administration Act or any other export laws, restrictions,
or regulations (collectively the “Export Laws”). In addition, if the Software is identified as export
controlled items under the Export Laws, you represent and warrant that you are not a citizen, or
otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan, Cuba,
and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the
Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail
to comply with the terms of this agreement.
12. Governing Law.
If you are a consumer who uses the Software for only personal non-business purposes, then this
agreement will be governed by the laws of the state in which you purchased the license to use the
Software. If you are not such a consumer, this agreement will be governed by and construed in
accordance with the substantive laws in force in: (a) the State of California, if a license to the Software is
obtained when you are in the United States, Canada, or Mexico; or (b) Japan, if a license to the Software
is obtained when you are in Japan; or (c) Singapore, if a license to the Software is obtained when you
are in a member state of the Association of Southeast Asian Nations, the People’s Republic of China
(including Hong Kong S.A.R. and Macau S.A.R.), Taiwan, or the Republic of Korea; or (d) England, if a
license to the Software is obtained when you are in any jurisdiction not described above. The respective
courts of Santa Clara County, California when California law applies, Tokyo District Court in Japan, when
Japanese law applies, and the competent courts of London, England, when the law of England applies,
shall each have non-exclusive jurisdiction over all disputes relating to this agreement. When Singapore
law applies, any dispute arising out of or in connection with this agreement, including any question
regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in
Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre
(“SIAC”) for the time being in force, which rules are deemed to be incorporated by reference in this
section. There shall be one arbitrator, selected jointly by the parties. If the arbitrator is not selected
within thirty (30) days of the written demand by a party to submit to arbitration, the Chairman of the
SIAC shall make the selection. The language of the arbitration shall be English. Notwithstanding any
provision in this agreement, Adobe or you may request any judicial, administrative, or other authority to
order any provisional or conservatory measure, including injunctive relief, specific performance, or other
equitable relief, prior to the institution of legal or arbitration proceedings, or during the proceedings, for
the preservation of its rights and interests or to enforce specific terms that are suitable for provisional
remedies. The English version of this agreement will be the version used when interpreting or
construing this agreement. This agreement will not be governed by the conflict of law rules of any
jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the
application of which is expressly excluded.
13. General Provisions.
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance
of this agreement, which shall remain valid and enforceable according to its terms. This agreement shall
not prejudice the statutory rights of any party dealing as a consumer. This agreement may only be
modified by a writing signed by an authorized officer of Adobe. Updates may be licensed to you by
Adobe with additional or different terms. This is the entire agreement between Adobe and you relating
to the Software and it supersedes any prior representations, discussions, undertakings, communications,
or advertising relating to the Software.
14. Notice to U.S. Government End Users.
For U.S. Government End Users, Adobe agrees to comply with all applicable equal opportunity laws
including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the
Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the
Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60,
60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence
shall be incorporated by reference in this agreement.
15. Compliance with Licenses.
If you are a business or organization, you agree that upon request from Adobe or Adobe’s authorized
representative, you will, within thirty (30) days, fully document and certify that use of any and all
Software at the time of the request is in conformity with your valid licenses from Adobe.
16. European Union Provisions.
Nothing included in this agreement (including Section 4.5) shall limit any non-waivable right to
decompile the Software that you may enjoy under mandatory law. For example, if you are located in the
European Union (EU), you may have the right upon certain conditions specified in the applicable law to
decompile the Software if it is necessary to do so in order to achieve interoperability of the Software
with another software program, and you have first asked Adobe in writing to provide the information
necessary to achieve such interoperability and Adobe has not made such information available. In
addition, such decompilation may only be done by you or someone else entitled to use a copy of the
Software on your behalf. Adobe has the right to impose reasonable conditions before providing such
information. Any information supplied by Adobe or obtained by you, as permitted hereunder, may only
be used by you for the purpose described herein and may not be disclosed to any third party or used to
create any software which is substantially similar to the expression of the Software or used for any other
act which infringes Adobe or its licensors’ copyright.
17. Specific Provisions and Exceptions.
17.1 Limitation of Liability for Users Residing in Germany and Austria.
17.1.1 If you obtained the Software in Germany or Austria, and you usually reside in such country, then
Section 10 does not apply. Instead, subject to the provisions in Section 17.1.2, Adobe’s statutory liability
for damages shall be limited as follows: (a) Adobe shall be liable only up to the amount of damages as
typically foreseeable at the time of entering into the license agreement in respect of damages caused by
a slightly negligent breach of a material contractual obligation and (b) Adobe shall not be liable for
damages caused by a slightly negligent breach of a non-material contractual obligation.
17.1.2 The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in
particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee
or liability for culpably caused personal injuries.
17.1.3 You are required to take all reasonable measures to avoid and reduce damages, in particular to
make back-up copies of the Software and your computer data subject to the provisions of this
agreement.
If you have any questions regarding this agreement, or if you wish to request any information from
Adobe, please use the address and contact information included with this product or via the web at
http://www.adobe.com to contact the Adobe office serving your jurisdiction.
Adobe, Adobe AIR, AIR, Authorware, Flash, Reader, and Shockwave are either registered trademarks or
trademarks of Adobe Systems Incorporated in the United States and/or other countries.
PlatformClients_PC_WWEULA-en_US-20110809_1357

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Adobe End-User License Agreement
By downloading software of Adobe Systems Incorporated or its
subsidiaries ("Adobe") from this site, you agree to the following terms
and conditions. If you do not agree with such terms and conditions do
not download the software. The terms of an end user license agreement
accompanying a particular software file upon installation or download
of the software shall supersede the terms presented below.
The export and re-export of Adobe software products are controlled by
the United States Export Administration Regulations and such software
may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North
Korea, Sudan, Syria, or any country to which the United States
embargoes goods. In addition, Adobe software may not be distributed to
persons on the Table of Denial Orders, the Entity List, or the List of
Specially Designated Nationals.
By downloading or using an Adobe software product you are certifying
that you are not a national of Cuba, Iran, Iraq, Libya, North Korea,
Sudan, Syria, or any country to which the United States embargoes goods
and that you are not a person on the Table of Denial Orders, the Entity
List, or the List of Specially Designated Nationals.
If the software is designed for use with an application software
product (the "Host Application") published by Adobe, Adobe grants you a
nonexclusive license to use such software with the Host Application
only, provided you possess a valid license from Adobe for the Host
Application. Except as set forth below, such software is licensed to
you subject to the terms and conditions of the End-User License
Agreement from Adobe governing your use of the Host Application.
DISCLAIMER OF WARRANTIES: YOU AGREE THAT ADOBE HAS MADE NO EXPRESS
WARRANTIES TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING
PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. ADOBE DISCLAIMS
ALL WARRANTIES WITH REGARD TO THE SOFTWARE, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, OR
NONINFRINGEMENT OF THIRD-PARTY RIGHTS. Some states or jurisdictions do
not allow the exclusion of implied warranties, so the above limitations
may not apply to you.
LIMIT OF LIABILITY: IN NO EVENT WILL ADOBE BE LIABLE TO YOU FOR ANY
LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING
LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADOBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some
states or jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or
exclusion may not apply to you.

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==============================================================================
The LLVM Project is under the Apache License v2.0 with LLVM Exceptions:
==============================================================================
Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
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.
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:
(a) You must give any other recipients of the Work or
Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices
stating that You changed the files; and
(c) 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
(d) 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 Apache License to your work.
To apply the Apache 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 Apache 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.apache.org/licenses/LICENSE-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.
---- LLVM Exceptions to the Apache 2.0 License ----
As an exception, if, as a result of your compiling your source code, portions
of this Software are embedded into an Object form of such source code, you
may redistribute such embedded portions in such Object form without complying
with the conditions of Sections 4(a), 4(b) and 4(d) of the License.
In addition, if you combine or link compiled forms of this Software with
software that is licensed under the GPLv2 ("Combined Software") and if a
court of competent jurisdiction determines that the patent provision (Section
3), the indemnity provision (Section 9) or other Section of the License
conflicts with the conditions of the GPLv2, you may retroactively and
prospectively choose to deem waived or otherwise exclude such Section(s) of
the License, but only in their entirety and only with respect to the Combined
Software.

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END-USER LICENSE AGREEMENT (EULA)
This original software is protected by copyright and trademark law.
It may only be sold by authorized dealers and only be used for private purposes.
Please read this license carefully before using the software.
By installing or using this software product you agree to be bound by the provisions of this EULA.
Software product license
This End-User License Agreement will grant you the following rights:
This End-User License Agreement is a legally valid agreement between you (either as a natural or as a legal person ) and JoWooD Productions Software AG.
By purchasing this original software you are granted the right to install and use the software on a single computer.
JoWooD Productions Software AG does not grant you any right of ownership to the software, and this license does not represent a "sale" of the software.
You are the owner of the CD-ROM on which the software is stored: JoWooD Productions Software AG remains the sole owner of the software on the CD-ROM, and of the pertinent documentation, and remains the proprietor of any and all intellectual and industrial property rights contained therein.
This non-exclusive and personal license grants you the right to install, use, and display a copy of this software product on a single computer (for example, a single workstation, a single terminal, a single portable PC, a single pager, etc.).
Every other use, especially the unauthorized leasing, public display or other demonstration (e.g. in schools or universities), copying, multiple installation or transfer, and any other process by which this software or parts of it may be made available to the general public (including via Internet or other online systems) without prior written consent is prohibited.
If this software enables you to print pictures containing characters of JoWooD Productions Software AG which are protected by trademark law, this license only allows you to print the pictures on paper and to use them as printouts solely for personal, non-commercial and non-governmental purposes (for example, you may not display or sell those pictures in public), provided that you abide by all copyright instructions contained in the pictures generated by the software.
Description of other rights and limitations
Safety copy
One single copy of the software product may be stored for safety or archiving purposes only.
Limited warranty
JoWooD Productions Software AG warrants for a period of 90 days starting from the date of purchase that the software will essentially work in accordance with the accompanying printed materials.
The complete liability of JoWooD Productions Software AG and your only claim consists, at the option of JoWooD Productions Software AG, of a reimbursement of the paid purchase price or of repairing or substituting the software product which is not in accordance with JoWooD's limited warranty, insofar as it is returned to JoWooD Productions Software AG together with a copy of the invoice.
This limited warranty will not apply if the failure of the software product is due to an accident, misuse or faulty application.
Other warranty rights will remain unaffected
The above warranty is given by JoWooD Productions Software AG as manufacturer of the software product.
Any legal warranty or liability claims to which you are entitled toward the dealer from whom you bought your version of the software product are neither replaced nor limited by this warranty.
Limitation of liability
To the greatest extent permitted by applicable law, JoWooD Productions Software AG refuses to accept liability for any special, accidental, indirect or consequential damages resulting from the utilization of, or inability to utilize, the software product. This includes any instances in which JoWooD Productions Software AG has previously pointed out the possiblity of such damages.
Trademarks
This End-User License Agreement does not grant you any rights in connection with trademarks of JoWooD Productions Software AG.
End of contract / Termination
This license will apply until it is terminated by either one of the parties. You may terminate this license at any time by sending the software back to JoWooD Productions Software AG or by destroying the software, the complete accompanying documentation and all copies and installations thereof, irrespective of whether they were drawn up in accordance with this license or not. This License Agreement will be terminated immediately without any prior notification by JoWooD Productions Software if you are in breach of any of the provisions of this license, in which case you will be obligated to destroy all copies of the software product.
Safeguarding clause
Should any provisions of this agreement be or become invalid or unenforceable, the remainder of this agreement will remain unaffected.
Choice of law
The laws of Austria will be applied to all legal issues arising out of or in connection with this contract.

11
sdk_container/src/third_party/portage-stable/licenses/ArxFatalisDemo vendored
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@ -1,11 +0,0 @@
Developer: Arkane Studios - http://www.arkane-studios.com/
Publisher: JoWood Productions - http://www.jowood.com/
Game and demo released in 2002
Copyright notice from the demo installer (no EULA is displayed / installed):
WARNING: This program is protected by copyright law and international treaties.
Unauthorized reproduction or distribution of this program, or any portion of it
may result in severe civil and criminal penalties, and will be prosecuted to the
maximum extend possible under the law.

42
sdk_container/src/third_party/portage-stable/licenses/Aseprite-EULA vendored Normal file
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@ -0,0 +1,42 @@
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.

27
sdk_container/src/third_party/portage-stable/licenses/BSD-with-disclosure vendored Normal file
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@ -0,0 +1,27 @@
Copyright (c) <YEAR>, <OWNER>
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.

150
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-----------------------------------------------------------------------------
Business Source License 1.1
License text copyright (c) 2017 MariaDB Corporation Ab, All Rights Reserved.
"Business Source License" is a trademark of MariaDB Corporation Ab.
-----------------------------------------------------------------------------
Parameters
Licensor: ZeroTier, Inc.
Licensed Work: ZeroTier Network Virtualization Engine 1.4.4
The Licensed Work is (c)2019 ZeroTier, Inc.
Additional Use Grant: You may make use of the Licensed Work, provided you
do not use it in any of the following ways:
* Sell hosted ZeroTier services as a "SaaS" Product
(1) Operate or sell access to ZeroTier root servers,
network controllers, or authorization key or certificate
generation components of the Licensed Work as a
for-profit service, regardless of whether the use of
these components is sold alone or is bundled with other
services. Note that this does not apply to the use of
ZeroTier behind the scenes to operate a service not
related to ZeroTier network administration.
* Create Non-Open-Source Commercial Derviative Works
(2) Link or directly include the Licensed Work in a
commercial or for-profit application or other product
not distributed under an Open Source Initiative (OSI)
compliant license. See: https://opensource.org/licenses
(3) Remove the name, logo, copyright, or other branding
material from the Licensed Work to create a "rebranded"
or "white labeled" version to distribute as part of
any commercial or for-profit product or service.
* Certain Government Uses
(4) Use or deploy the Licensed Work in a government
setting in support of any active government function
or operation with the exception of the following:
physical or mental health care, family and social
services, social welfare, senior care, child care, and
the care of persons with disabilities.
Change Date: 2023-01-01
Change License: Apache License version 2.0 as published by the Apache
Software Foundation
https://www.apache.org/licenses/
Alternative Licensing
If you would like to use the Licensed Work in any way that conflicts with
the stipulations of the Additional Use Grant, contact ZeroTier, Inc. to
obtain an alternative commercial license.
Visit us on the web at: https://www.zerotier.com/
Notice
The Business Source License (this document, or the "License") is not an Open
Source license. However, the Licensed Work will eventually be made available
under an Open Source License, as stated in this License.
For more information on the use of the Business Source License for ZeroTier
products, please visit our pricing page which contains license details and
and license FAQ: https://zerotier.com/pricing
For more information on the use of the Business Source License generally,
please visit the Adopting and Developing Business Source License FAQ at
https://mariadb.com/bsl-faq-adopting.
-----------------------------------------------------------------------------
Business Source License 1.1
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.

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sdk_container/src/third_party/portage-stable/licenses/CAVER vendored
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End-User Software License Agreement for Caver
1.
National Centre for Biomolecular Research, Faculty of Science,
Masaryk University Brno, The Czech Republic (``LICENSOR'') grants
to (``LICENSEE'') non-exclusive, and non-transferable license to use
the ``CAVER'' computer software program.
Institute of Computer Science, Masaryk University Brno,
The Czech Republic (``LICENSOR'') grants to (``LICENSEE'') non-exclusive.
Using of the associated documentation furnished hereunder (hereinafter
called the ``PROGRAM'') is also granted upon the terms and conditions
hereinafter set out and until termination of this license as set forth below.
LICENSEE will be furnished only by binaries of the program.
No source code will be provided.
2.
LICENSEE understands that this Agreement is license for use of, not sale of,
the PROGRAM. Consequently, no Purchase Orders can be accepted by LICENSOR.
3.
LICENSEE acknowledges that the PROGRAM is a research tool still in the
development stage, that is being supplied ``as is'', without any accompanying
services or improvements from LICENSOR and that this license is entered
into in order to enable others to utilize the PROGRAM in their scholarly
activities.
4.
LICENSEE agrees that PROGRAM will be properly cited whenever results
obtained using it will be published (for details see the manual).
5.
LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED.
By way of example, but not limitation, LICENSOR MAKES NO REPRESENTATIONS
OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE
OR THAT THE USE OF THE PROGRAM WILL NOT INFRINGE ANY PATENTS, COPYRIGHTS,
TRADEMARKS OR OTHER RIGHTS. LICENSOR shall have no liability nor be liable
for an direct, indirect or consequential damages with respect to any claim
by LICENSEE or any third party on account of or arising from this Agreement
or use of the PROGRAM.
6.
LICENSEE agrees that it will use the PROGRAM, and any modifications,
improvements, or derivatives to PROGRAM that LICENSEE may create
(collectively, ``IMPROVEMENTS'') solely for internal, non-commercial
purposes and shall not distribute or transfer the PROGRAM OR
IMPROVEMENTS to any person without prior written permission from
LICENSOR. The term ``non-commercial'', as used in this Agreement,
means academic or other scholarly research which (a) is not undertaken
for profit, or (b) is not intended to produce works, services, or data for
commercial use, or (c) is neither conducted, nor funded, by a person or
an entity engaged in the commercial use, application or exploitation
of works similar to the PROGRAM.
7.
LICENSEE agrees to notify LICENSOR of any IMPROVEMENTS made
to the PROGRAM, as described in Section 5, above, and hereby (a)
agrees to supply LICENSOR with a copy of same, and (b) grants
LICENSOR a worldwide, perpetual license, with the right to sublicense
(at any tier), such IMPROVEMENTS without any royalty or other
obligation to LICENSEE.
8.
Ownership of all rights, including copyright in the PROGRAM and in any
material associated therewith, shall at all times remain with LICENSOR
and LICENSEE agrees to preserve same. LICENSEE agrees not to use
any portion of the PROGRAM in any machine-readable form outside
the PROGRAM, nor to make any copies except for its internal use,
without prior written consent of LICENSOR. LICENSEE agrees to place
the appropriate copyright notice on any such copies.
9.
This Agreement shall be construed, interpreted and applied in accordance
with the law of the Czech Republic and any legal action arising
out of this Agreement or use of the PROGRAM shall be filed in a court
in the Czech Republic.
10.
This license shall be for a term of 5 years except that upon any breach
of this Agreement by LICENSEE, LICENSOR shall have the right to
terminate this license immediately upon notice to LICENSEE.

2
sdk_container/src/third_party/portage-stable/licenses/CC-BY-NC-4.0 vendored
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@ -91,6 +91,7 @@ Section 1 -- Definitions.
categorized. For purposes of this Public License, the rights categorized. For purposes of this Public License, the rights
specified in Section 2(b)(1)-(2) are not Copyright and Similar specified in Section 2(b)(1)-(2) are not Copyright and Similar
Rights. Rights.
d. Effective Technological Measures means those measures that, in the d. Effective Technological Measures means those measures that, in the
absence of proper authority, may not be circumvented under laws absence of proper authority, may not be circumvented under laws
fulfilling obligations under Article 11 of the WIPO Copyright fulfilling obligations under Article 11 of the WIPO Copyright
@ -385,6 +386,7 @@ Section 8 -- Interpretation.
that apply to the Licensor or You, including from the legal that apply to the Licensor or You, including from the legal
processes of any jurisdiction or authority. processes of any jurisdiction or authority.
======================================================================= =======================================================================
Creative Commons is not a party to its public Creative Commons is not a party to its public

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Attribution-NonCommercial-NoDerivatives 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
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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
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Licensors should also secure all rights necessary before
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wiki.creativecommons.org/Considerations_for_licensors
Considerations for the public: By using one of our public
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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-NoDerivatives 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-NoDerivatives 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
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Licensor receives from making the Licensed Material available under
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Section 1 -- Definitions.
a. Adapted Material means material subject to Copyright and Similar
Rights that is derived from or based upon the Licensed Material
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permission under the Copyright and Similar Rights held by the
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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. Copyright and Similar Rights means copyright and/or similar rights
closely related to copyright including, without limitation,
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Rights, without regard to how the rights are labeled or
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specified in Section 2(b)(1)-(2) are not Copyright and Similar
Rights.
c. 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
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d. Exceptions and Limitations means fair use, fair dealing, and/or
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that applies to Your use of the Licensed Material.
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or other material to which the Licensor applied this Public
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h. NonCommercial means not primarily intended for or directed towards
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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
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the Council of 11 March 1996 on the legal protection of databases,
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k. You means the individual or entity exercising the Licensed Rights
under this Public License. Your has a corresponding meaning.
Section 2 -- Scope.
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the Licensor hereby grants You a worldwide, royalty-free,
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b. produce and reproduce, but not 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
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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
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(4) never produces Adapted Material.
5. Downstream recipients.
a. Offer from the Licensor -- Licensed Material. Every
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b. No downstream restrictions. You may not offer or impose
any additional or different terms or conditions on, or
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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
may be construed as permission to assert or imply that You
are, or that Your use of the Licensed Material is, connected
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b. Other rights.
1. Moral rights, such as the right of integrity, are not
licensed under this Public License, nor are publicity,
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the extent possible, the Licensor waives and/or agrees not to
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2. Patent and trademark rights are not licensed under this
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3. To the extent possible, the Licensor waives any right to
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Section 3 -- License Conditions.
Your exercise of the Licensed Rights is expressly made subject to the
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a. Attribution.
1. If You Share the Licensed Material, You must:
a. retain the following if it is supplied by the Licensor
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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.
For the avoidance of doubt, You do not have permission under
this Public License to Share Adapted Material.
2. You may satisfy the conditions in Section 3(a)(1) in any
reasonable manner based on the medium, means, and context in
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3. If requested by the Licensor, You must remove any of the
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reasonably practicable.
Section 4 -- Sui Generis Database Rights.
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
portion of the contents of the database for NonCommercial purposes
only and provided You do not Share Adapted Material;
b. if You include all or a substantial portion of the database
contents in a database in which You have Sui Generis Database
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
Rights include other Copyright and Similar Rights.
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
AND AS-AVAILABLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND CONCERNING THE LICENSED MATERIAL, WHETHER EXPRESS,
IMPLIED, STATUTORY, OR OTHER. THIS INCLUDES, WITHOUT LIMITATION,
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, ABSENCE OF LATENT OR OTHER DEFECTS,
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
conditions.
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
licenses. Notwithstanding, Creative Commons may elect to apply one of
its public licenses to material it publishes and in those instances
will be considered the “Licensor.” The text of the Creative Commons
public licenses is dedicated to the public domain under the CC0 Public
Domain Dedication. Except for the limited purpose of indicating that
material is shared under a Creative Commons public license or as
otherwise permitted by the Creative Commons policies published at
creativecommons.org/policies, Creative Commons does not authorize the
use of the trademark "Creative Commons" or any other trademark or logo
of Creative Commons without its prior written consent including,
without limitation, in connection with any unauthorized modifications
to any of its public licenses or any other arrangements,
understandings, or agreements concerning use of licensed material. For
the avoidance of doubt, this paragraph does not form part of the
public licenses.
Creative Commons may be contacted at creativecommons.org.

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@ -416,6 +416,7 @@ Section 8 -- Interpretation.
that apply to the Licensor or You, including from the legal that apply to the Licensor or You, including from the legal
processes of any jurisdiction or authority. processes of any jurisdiction or authority.
======================================================================= =======================================================================
Creative Commons is not a party to its public Creative Commons is not a party to its public

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Attribution-NoDerivatives 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-NoDerivatives 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-NoDerivatives 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. 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.
c. 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.
d. 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.
e. Licensed Material means the artistic or literary work, database,
or other material to which the Licensor applied this Public
License.
f. 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.
g. Licensor means the individual(s) or entity(ies) granting rights
under this Public License.
h. 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.
i. 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.
j. 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 and reproduce, but not 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
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.
Section 3 -- License Conditions.
Your exercise of the Licensed Rights is expressly made subject to the
following conditions.
a. Attribution.
1. If You Share the Licensed Material, You must:
a. retain the following if it is supplied by the Licensor
with the Licensed Material:
i. identification of the creator(s) of the Licensed
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.
For the avoidance of doubt, You do not have permission under
this Public License to Share Adapted Material.
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
hyperlink to a resource that includes the required
information.
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.
Section 4 -- Sui Generis Database Rights.
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
portion of the contents of the database, provided You do not Share
Adapted Material;
b. if You include all or a substantial portion of the database
contents in a database in which You have Sui Generis Database
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
Rights include other Copyright and Similar Rights.
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
AND AS-AVAILABLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND CONCERNING THE LICENSED MATERIAL, WHETHER EXPRESS,
IMPLIED, STATUTORY, OR OTHER. THIS INCLUDES, WITHOUT LIMITATION,
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, ABSENCE OF LATENT OR OTHER DEFECTS,
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
conditions.
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
licenses. Notwithstanding, Creative Commons may elect to apply one of
its public licenses to material it publishes and in those instances
will be considered the “Licensor.” The text of the Creative Commons
public licenses is dedicated to the public domain under the CC0 Public
Domain Dedication. Except for the limited purpose of indicating that
material is shared under a Creative Commons public license or as
otherwise permitted by the Creative Commons policies published at
creativecommons.org/policies, Creative Commons does not authorize the
use of the trademark "Creative Commons" or any other trademark or logo
of Creative Commons without its prior written consent including,
without limitation, in connection with any unauthorized modifications
to any of its public licenses or any other arrangements,
understandings, or agreements concerning use of licensed material. For
the avoidance of doubt, this paragraph does not form part of the
public licenses.
Creative Commons may be contacted at creativecommons.org.

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@ -1,12 +0,0 @@
CCPN temporary license
We have not yet had time to create a proper CCPN license for those
parts of the software which are not LGPL. So for now we have the
following temporary license.
The programs which fall under this license contain reserved and/or
proprietary information belonging to the author and/or organisation
holding the copyright. They may not be used, distributed, modified,
transmitted, stored, or in any way accessed, except by members or
employees of the CCPN, and by these people only until 31 December 2006
and in accordance with the guidelines of the CCPN.

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@ -1,358 +1,358 @@
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
Version 1.0 Version 1.0
* 1. Definitions. 1. Definitions.
* 1.1. "Contributor" means each individual or entity that creates 1.1. "Contributor" means each individual or entity that creates
or contributes to the creation of Modifications. or contributes to the creation of Modifications.
* 1.2. "Contributor Version" means the combination of the Original 1.2. "Contributor Version" means the combination of the Original
Software, prior Modifications used by a Contributor (if any), and Software, prior Modifications used by a Contributor (if any), and
the Modifications made by that particular Contributor. the Modifications made by that particular Contributor.
* 1.3. "Covered Software" means (a) the Original Software, or (b) 1.3. "Covered Software" means (a) the Original Software, or
Modifications, or (c) the combination of files containing (b) Modifications, or (c) the combination of files containing
Original Software with files containing Modifications, in each Original Software with files containing Modifications, in each
case including portions thereof. case including portions thereof.
* 1.4. "Executable" means the Covered Software in any form other 1.4. "Executable" means the Covered Software in any form other
than Source Code. than Source Code.
* 1.5. "Initial Developer" means the individual or entity that 1.5. "Initial Developer" means the individual or entity that
first makes Original Software available under this License. first makes Original Software available under this License.
* 1.6. "Larger Work" means a work which combines Covered Software 1.6. "Larger Work" means a work which combines Covered Software
or portions thereof with code not governed by the terms of this or portions thereof with code not governed by the terms of this
License. License.
* 1.7. "License" means this document. 1.7. "License" means this document.
* 1.8. "Licensable" means having the right to grant, to the maximum 1.8. "Licensable" means having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or extent possible, whether at the time of the initial grant or
subsequently acquired, any and all of the rights conveyed herein. subsequently acquired, any and all of the rights conveyed herein.
* 1.9. "Modifications" means the Source Code and Executable form of 1.9. "Modifications" means the Source Code and Executable form of
any of the following: any of the following:
* A. Any file that results from an addition to, deletion from A. Any file that results from an addition to, deletion from
or modification of the contents of a file containing or modification of the contents of a file containing
Original Software or previous Modifications; Original Software or previous Modifications;
* B. Any new file that contains any part of the Original B. Any new file that contains any part of the Original
Software or previous Modification; or Software or previous Modification; or
* C. Any new file that is contributed or otherwise made C. Any new file that is contributed or otherwise made
available under the terms of this License. available under the terms of this License.
* 1.10. "Original Software" means the Source Code and Executable 1.10. "Original Software" means the Source Code and Executable
form of computer software code that is originally released under form of computer software code that is originally released under
this License. this License.
* 1.11. "Patent Claims" means any patent claim(s), now owned or 1.11. "Patent Claims" means any patent claim(s), now owned or
hereafter acquired, including without limitation, method, hereafter acquired, including without limitation, method,
process, and apparatus claims, in any patent Licensable by process, and apparatus claims, in any patent Licensable by
grantor. grantor.
* 1.12. "Source Code" means (a) the common form of computer 1.12. "Source Code" means (a) the common form of computer
software code in which modifications are made and (b) associated software code in which modifications are made and (b) associated
documentation included in or with such code. documentation included in or with such code.
* 1.13. "You" (or "Your") means an individual or a legal entity 1.13. "You" (or "Your") means an individual or a legal entity
exercising rights under, and complying with all of the terms of, exercising rights under, and complying with all of the terms of,
this License. For legal entities, "You" includes any entity which this License. For legal entities, "You" includes any entity which
controls, is controlled by, or is under common control with You. controls, is controlled by, or is under common control with You.
For purposes of this definition, "control" means (a) the power, For purposes of this definition, "control" means (a) the power,
direct or indirect, to cause the direction or management of such direct or indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or (b) ownership of entity, whether by contract or otherwise, or (b) ownership of
more than fifty percent (50%) of the outstanding shares or more than fifty percent (50%) of the outstanding shares or
beneficial ownership of such entity. beneficial ownership of such entity.
* 2. License Grants. 2. License Grants.
* 2.1. The Initial Developer Grant. 2.1. The Initial Developer Grant.
Conditioned upon Your compliance with Section 3.1 below and Conditioned upon Your compliance with Section 3.1 below and
subject to third party intellectual property claims, the Initial subject to third party intellectual property claims, the Initial
Developer hereby grants You a world-wide, royalty-free, Developer hereby grants You a world-wide, royalty-free,
non-exclusive license: non-exclusive license:
* (a) under intellectual property rights (other than patent or (a) under intellectual property rights (other than patent or
trademark) Licensable by Initial Developer, to use, trademark) Licensable by Initial Developer, to use,
reproduce, modify, display, perform, sublicense and reproduce, modify, display, perform, sublicense and
distribute the Original Software (or portions thereof), with distribute the Original Software (or portions thereof), with
or without Modifications, and/or as part of a Larger Work; or without Modifications, and/or as part of a Larger Work;
and and
* (b) under Patent Claims infringed by the making, using or (b) under Patent Claims infringed by the making, using or
selling of Original Software, to make, have made, use, selling of Original Software, to make, have made, use,
practice, sell, and offer for sale, and/or otherwise dispose practice, sell, and offer for sale, and/or otherwise dispose
of the Original Software (or portions thereof). of the Original Software (or portions thereof).
* (c) The licenses granted in Sections 2.1(a) and (b) are (c) The licenses granted in Sections 2.1(a) and (b) are
effective on the date Initial Developer first distributes or effective on the date Initial Developer first distributes or
otherwise makes the Original Software available to a third otherwise makes the Original Software available to a third
party under the terms of this License. party under the terms of this License.
* (d) Notwithstanding Section 2.1(b) above, no patent license (d) Notwithstanding Section 2.1(b) above, no patent license
is granted: (1) for code that You delete from the Original is granted: (1) for code that You delete from the Original
Software, or (2) for infringements caused by: (i) the Software, or (2) for infringements caused by: (i) the
modification of the Original Software, or (ii) the modification of the Original Software, or (ii) the
combination of the Original Software with other software or combination of the Original Software with other software or
devices. devices.
* 2.2. Contributor Grant. 2.2. Contributor Grant.
Conditioned upon Your compliance with Section 3.1 below and Conditioned upon Your compliance with Section 3.1 below and
subject to third party intellectual property claims, each subject to third party intellectual property claims, each
Contributor hereby grants You a world-wide, royalty-free, Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license: non-exclusive license:
* (a) under intellectual property rights (other than patent or (a) under intellectual property rights (other than patent or
trademark) Licensable by Contributor to use, reproduce, trademark) Licensable by Contributor to use, reproduce,
modify, display, perform, sublicense and distribute the modify, display, perform, sublicense and distribute the
Modifications created by such Contributor (or portions Modifications created by such Contributor (or portions
thereof), either on an unmodified basis, with other thereof), either on an unmodified basis, with other
Modifications, as Covered Software and/or as part of a Modifications, as Covered Software and/or as part of a
Larger Work; and Larger Work; and
* (b) under Patent Claims infringed by the making, using, or (b) under Patent Claims infringed by the making, using, or
selling of Modifications made by that Contributor either selling of Modifications made by that Contributor either
alone and/or in combination with its Contributor Version (or alone and/or in combination with its Contributor Version (or
portions of such combination), to make, use, sell, offer for portions of such combination), to make, use, sell, offer for
sale, have made, and/or otherwise dispose of: sale, have made, and/or otherwise dispose of:
(1) Modifications made by that Contributor (or portions (1) Modifications made by that Contributor (or portions
thereof); and (2) the combination of Modifications made by thereof); and (2) the combination of Modifications made by
that Contributor with its Contributor Version (or portions that Contributor with its Contributor Version (or portions
of such combination). of such combination).
* (c) The licenses granted in Sections 2.2(a) and 2.2(b) are (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
effective on the date Contributor first distributes or effective on the date Contributor first distributes or
otherwise makes the Modifications available to a third otherwise makes the Modifications available to a third
party. party.
* (d) Notwithstanding Section 2.2(b) above, no patent license (d) Notwithstanding Section 2.2(b) above, no patent license
is granted: (1) for any code that Contributor has deleted is granted: (1) for any code that Contributor has deleted
from the Contributor Version; (2) for infringements caused from the Contributor Version; (2) for infringements caused
by: (i) third party modifications of Contributor Version, or by: (i) third party modifications of Contributor Version, or
(ii) the combination of Modifications made by that (ii) the combination of Modifications made by that
Contributor with other software (except as part of the Contributor with other software (except as part of the
Contributor Version) or other devices; or (3) under Patent Contributor Version) or other devices; or (3) under Patent
Claims infringed by Covered Software in the absence of Claims infringed by Covered Software in the absence of
Modifications made by that Contributor. Modifications made by that Contributor.
* 3. Distribution Obligations. 3. Distribution Obligations.
* 3.1. Availability of Source Code. 3.1. Availability of Source Code.
Any Covered Software that You distribute or otherwise make Any Covered Software that You distribute or otherwise make
available in Executable form must also be made available in available in Executable form must also be made available in
Source Code form and that Source Code form must be distributed Source Code form and that Source Code form must be distributed
only under the terms of this License. You must include a copy of 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 this License with every copy of the Source Code form of the
Covered Software You distribute or otherwise make available. You Covered Software You distribute or otherwise make available. You
must inform recipients of any such Covered Software in Executable must inform recipients of any such Covered Software in Executable
form as to how they can obtain such Covered Software in Source form as to how they can obtain such Covered Software in Source
Code form in a reasonable manner on or through a medium Code form in a reasonable manner on or through a medium
customarily used for software exchange. customarily used for software exchange.
* 3.2. Modifications. 3.2. Modifications.
The Modifications that You create or to which You contribute are The Modifications that You create or to which You contribute are
governed by the terms of this License. You represent that You governed by the terms of this License. You represent that You
believe Your Modifications are Your original creation(s) and/or believe Your Modifications are Your original creation(s) and/or
You have sufficient rights to grant the rights conveyed by this You have sufficient rights to grant the rights conveyed by this
License. License.
* 3.3. Required Notices. 3.3. Required Notices.
You must include a notice in each of Your Modifications that You must include a notice in each of Your Modifications that
identifies You as the Contributor of the Modification. You may identifies You as the Contributor of the Modification. You may
not remove or alter any copyright, patent or trademark notices not remove or alter any copyright, patent or trademark notices
contained within the Covered Software, or any notices of contained within the Covered Software, or any notices of
licensing or any descriptive text giving attribution to any licensing or any descriptive text giving attribution to any
Contributor or the Initial Developer. Contributor or the Initial Developer.
* 3.4. Application of Additional Terms. 3.4. Application of Additional Terms.
You may not offer or impose any terms on any Covered Software in You may not offer or impose any terms on any Covered Software in
Source Code form that alters or restricts the applicable version Source Code form that alters or restricts the applicable version
of this License or the recipients' rights hereunder. You may of this License or the recipients' rights hereunder. You may
choose to offer, and to charge a fee for, warranty, support, choose to offer, and to charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of indemnity or liability obligations to one or more recipients of
Covered Software. However, you may do so only on Your own behalf, Covered Software. However, you may do so only on Your own behalf,
and not on behalf of the Initial Developer or any Contributor. and not on behalf of the Initial Developer or any Contributor.
You must make it absolutely clear that any such warranty, You must make it absolutely clear that any such warranty,
support, indemnity or liability obligation is offered by You support, indemnity or liability obligation is offered by You
alone, and You hereby agree to indemnify the Initial Developer alone, and You hereby agree to indemnify the Initial Developer
and every Contributor for any liability incurred by the Initial and every Contributor for any liability incurred by the Initial
Developer or such Contributor as a result of warranty, support, Developer or such Contributor as a result of warranty, support,
indemnity or liability terms You offer. indemnity or liability terms You offer.
* 3.5. Distribution of Executable Versions. 3.5. Distribution of Executable Versions.
You may distribute the Executable form of the Covered Software You may distribute the Executable form of the Covered Software
under the terms of this License or under the terms of a license under the terms of this License or under the terms of a license
of Your choice, which may contain terms different from this of Your choice, which may contain terms different from this
License, provided that You are in compliance with the terms of License, provided that You are in compliance with the terms of
this License and that the license for the Executable form does this License and that the license for the Executable form does
not attempt to limit or alter the recipient's rights in the not attempt to limit or alter the recipient's rights in the
Source Code form from the rights set forth in this License. If Source Code form from the rights set forth in this License. If
You distribute the Covered Software in Executable form under a You distribute the Covered Software in Executable form under a
different license, You must make it absolutely clear that any different license, You must make it absolutely clear that any
terms which differ from this License are offered by You alone, terms which differ from this License are offered by You alone,
not by the Initial Developer or Contributor. You hereby agree to not by the Initial Developer or Contributor. You hereby agree to
indemnify the Initial Developer and every Contributor for any indemnify the Initial Developer and every Contributor for any
liability incurred by the Initial Developer or such Contributor liability incurred by the Initial Developer or such Contributor
as a result of any such terms You offer. as a result of any such terms You offer.
* 3.6. Larger Works. 3.6. Larger Works.
You may create a Larger Work by combining Covered Software with You may create a Larger Work by combining Covered Software with
other code not governed by the terms of this License and other code not governed by the terms of this License and
distribute the Larger Work as a single product. In such a case, distribute the Larger Work as a single product. In such a case,
You must make sure the requirements of this License are fulfilled You must make sure the requirements of this License are fulfilled
for the Covered Software. for the Covered Software.
* 4. Versions of the License. 4. Versions of the License.
* 4.1. New Versions. 4.1. New Versions.
Sun Microsystems, Inc. is the initial license steward and may Sun Microsystems, Inc. is the initial license steward and may
publish revised and/or new versions of this License from time to publish revised and/or new versions of this License from time to
time. Each version will be given a distinguishing version number. time. Each version will be given a distinguishing version number.
Except as provided in Section 4.3, no one other than the license Except as provided in Section 4.3, no one other than the license
steward has the right to modify this License. steward has the right to modify this License.
* 4.2. Effect of New Versions. 4.2. Effect of New Versions.
You may always continue to use, distribute or otherwise make the You may always continue to use, distribute or otherwise make the
Covered Software available under the terms of the version of the Covered Software available under the terms of the version of the
License under which You originally received the Covered Software. License under which You originally received the Covered Software.
If the Initial Developer includes a notice in the Original If the Initial Developer includes a notice in the Original
Software prohibiting it from being distributed or otherwise made Software prohibiting it from being distributed or otherwise made
available under any subsequent version of the License, You must available under any subsequent version of the License, You must
distribute and make the Covered Software available under the distribute and make the Covered Software available under the
terms of the version of the License under which You originally terms of the version of the License under which You originally
received the Covered Software. Otherwise, You may also choose to received the Covered Software. Otherwise, You may also choose to
use, distribute or otherwise make the Covered Software available use, distribute or otherwise make the Covered Software available
under the terms of any subsequent version of the License under the terms of any subsequent version of the License
published by the license steward. published by the license steward.
* 4.3. Modified Versions. 4.3. Modified Versions.
When You are an Initial Developer and You want to create a new When You are an Initial Developer and You want to create a new
license for Your Original Software, You may create and use a license for Your Original Software, You may create and use a
modified version of this License if You: (a) rename the license modified version of this License if You: (a) rename the license
and remove any references to the name of the license steward and remove any references to the name of the license steward
(except to note that the license differs from this License); and (except to note that the license differs from this License); and
(b) otherwise make it clear that the license contains terms which (b) otherwise make it clear that the license contains terms which
differ from this License. differ from this License.
* 5. DISCLAIMER OF WARRANTY. 5. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED
SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN
ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR)
ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER
THIS DISCLAIMER. THIS DISCLAIMER.
* 6. TERMINATION. 6. TERMINATION.
* 6.1. This License and the rights granted hereunder will terminate 6.1. This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to automatically if You fail to comply with terms herein and fail to
cure such breach within 30 days of becoming aware of the breach. cure such breach within 30 days of becoming aware of the breach.
Provisions which, by their nature, must remain in effect beyond Provisions which, by their nature, must remain in effect beyond
the termination of this License shall survive. the termination of this License shall survive.
* 6.2. If You assert a patent infringement claim (excluding 6.2. If You assert a patent infringement claim (excluding
declaratory judgment actions) against Initial Developer or a declaratory judgment actions) against Initial Developer or a
Contributor (the Initial Developer or Contributor against whom Contributor (the Initial Developer or Contributor against whom
You assert such claim is referred to as "Participant") alleging You assert such claim is referred to as "Participant") alleging
that the Participant Software (meaning the Contributor Version that the Participant Software (meaning the Contributor Version
where the Participant is a Contributor or the Original Software where the Participant is a Contributor or the Original Software
where the Participant is the Initial Developer) directly or where the Participant is the Initial Developer) directly or
indirectly infringes any patent, then any and all rights granted indirectly infringes any patent, then any and all rights granted
directly or indirectly to You by such Participant, the Initial directly or indirectly to You by such Participant, the Initial
Developer (if the Initial Developer is not the Participant) and Developer (if the Initial Developer is not the Participant) and
all Contributors under Sections 2.1 and/or 2.2 of this License all Contributors under Sections 2.1 and/or 2.2 of this License
shall, upon 60 days notice from Participant terminate shall, upon 60 days notice from Participant terminate
prospectively and automatically at the expiration of such 60 day prospectively and automatically at the expiration of such 60 day
notice period, unless if within such 60 day period You withdraw notice period, unless if within such 60 day period You withdraw
Your claim with respect to the Participant Software against such Your claim with respect to the Participant Software against such
Participant either unilaterally or pursuant to a written Participant either unilaterally or pursuant to a written
agreement with Participant. agreement with Participant.
* 6.3. In the event of termination under Sections 6.1 or 6.2 above, 6.3. 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 all end user licenses that have been validly granted by You or
any distributor hereunder prior to termination (excluding any distributor hereunder prior to termination (excluding
licenses granted to You by any distributor) shall survive licenses granted to You by any distributor) shall survive
termination. termination.
* 7. LIMITATION OF LIABILITY. 7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE
EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
* 8. U.S. GOVERNMENT END USERS. 8. U.S. GOVERNMENT END USERS.
The Covered Software is a "commercial item," as that term is defined 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 in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
software" (as that term is defined at 48 C.F.R. S: 252.227-7014(a)(1)) 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 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. 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 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 U.S. Government End Users acquire Covered Software with only those
rights set forth herein. This U.S. Government Rights clause is in lieu 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 of, and supersedes, any other FAR, DFAR, or other clause or provision
that addresses Government rights in computer software under this that addresses Government rights in computer software under this
License. License.
* 9. MISCELLANEOUS. 9. MISCELLANEOUS.
This License represents the complete agreement concerning subject This License represents the complete agreement concerning subject
matter hereof. If any provision of this License is held to be matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. This License shall be governed by necessary to make it enforceable. This License shall be governed by
the law of the jurisdiction specified in a notice contained within the the law of the jurisdiction specified in a notice contained within the
Original Software (except to the extent applicable law, if any, Original Software (except to the extent applicable law, if any,
provides otherwise), excluding such jurisdiction's conflict-of-law provides otherwise), excluding such jurisdiction's conflict-of-law
provisions. Any litigation relating to this License shall be subject provisions. Any litigation relating to this License shall be subject
to the jurisdiction of the courts located in the jurisdiction and to the jurisdiction of the courts located in the jurisdiction and
venue specified in a notice contained within the Original Software, venue specified in a notice contained within the Original Software,
with the losing party responsible for costs, including, without with the losing party responsible for costs, including, without
limitation, court costs and reasonable attorneys' fees and expenses. limitation, court costs and reasonable attorneys' fees and expenses.
The application of the United Nations Convention on Contracts for the The application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. Any law or International Sale of Goods is expressly excluded. Any law or
regulation which provides that the language of a contract shall be regulation which provides that the language of a contract shall be
construed against the drafter shall not apply to this License. You construed against the drafter shall not apply to this License. You
agree that You alone are responsible for compliance with the United agree that You alone are responsible for compliance with the United
States export administration regulations (and the export control laws States export administration regulations (and the export control laws
and regulation of any other countries) when You use, distribute or and regulation of any other countries) when You use, distribute or
otherwise make available any Covered Software. otherwise make available any Covered Software.
* 10. RESPONSIBILITY FOR CLAIMS. 10. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is As between Initial Developer and the Contributors, each party is
responsible for claims and damages arising, directly or indirectly, responsible for claims and damages arising, directly or indirectly,
out of its utilization of rights under this License and You agree to out of its utilization of rights under this License and You agree to
work with Initial Developer and Contributors to distribute such work with Initial Developer and Contributors to distribute such
responsibility on an equitable basis. Nothing herein is intended or responsibility on an equitable basis. Nothing herein is intended or
shall be deemed to constitute any admission of liability. shall be deemed to constitute any admission of liability.

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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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CEDICT LICENCE STATEMENT
Copyright (C) 1997, 1998 Paul Andrew Denisowski
This licence statement and copyright notice applies to the CEDICT
Chinese/English Dictionary file, the associated documentation file
CEDICT.DOC, and any data files which are derived from them.
COPYING AND DISTRIBUTION
Permission is granted to make and distribute verbatim copies of these files
provided this copyright notice and permission notice is distributed with all
copies. Any distribution of the files must take place without a financial
return, except a charge to cover the cost of the distribution medium.
Permission is granted to make and distribute extracts or subsets of the CEDICT
file under the same conditions applying to verbatim copies.
Permission is granted to translate the English elements of the CEDICT file
into other languages, and to make and distribute copies of those translations
under the same conditions applying to verbatim copies.
USAGE
These files may be freely used by individuals, and may be accessed by
software belonging to, or operated by, such individuals.
The files, extracts from the files, and translations of the files must not be
sold as part of any commercial software package, nor must they be
incorporated in any published dictionary or other printed document without
the specific permission of the copyright holder.
COPYRIGHT
Copyright over the documents covered by this statement is held by
Paul Denisowski.

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Clonk Trademark License
'Clonk' is a registered trademark of Matthes Bender. It may be used within
software products which are using source code from the OpenClonk project
with the following limitations:
If the word 'Clonk' is used as the name of anything in your software product
then you must include the following notice in a suitable place (e.g. credits
screen): "Clonk" is a registered trademark of Matthes Bender.
If the title of your software product contains the word 'Clonk' then you must
prefix the word with an added name of your choosing, e.g. 'MyClonk' or
'PortableClonk' and you must subtitle your project with the term 'An OpenClonk
project'.

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CNRI OPEN SOURCE LICENSE AGREEMENT FOR QUIXOTE-2.4
IMPORTANT: PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. BY COPYING,
INSTALLING OR OTHERWISE USING QUIXOTE-2.4 SOFTWARE, YOU ARE DEEMED TO
HAVE AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE
AGREEMENT.
1. This LICENSE AGREEMENT is between Corporation for National Research
Initiatives, having an office at 1895 Preston White Drive, Reston, VA
20191 ("CNRI"), and the Individual or Organization ("Licensee")
copying, installing or otherwise using Quixote-2.4 software in source
or binary form and its associated documentation ("Quixote-2.4").
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 Quixote-2.4
alone or in any derivative version, provided, however, that CNRI's
License Agreement and CNRI's notice of copyright, i.e., "Copyright ©
2005 Corporation for National Research Initiatives; All Rights
Reserved" are retained in Quixote-2.4 alone or in any derivative
version prepared by Licensee.
3. In the event Licensee prepares a derivative work that is based on
or incorporates Quixote-2.4, 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 Quixote-2.4.
4. CNRI is making Quixote-2.4 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 QUIXOTE-2.4 WILL NOT
INFRINGE ANY THIRD PARTY RIGHTS.
5. CNRI SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF
QUIXOTE-2.4 FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR
LOSS AS A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING
QUIXOTE-2.4, 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 the federal
intellectual property law of the United States, including without
limitation the federal copyright law, and, to the extent such
U.S. federal law does not apply, by the law of the Commonwealth of
Virginia, excluding Virginia's conflict of law
provisions. Notwithstanding the foregoing, with regard to derivative
works based on Quixote-2.4 that incorporate non-separable material
that was previously distributed under the GNU General Public License
(GPL), the law of the Commonwealth of Virginia shall govern this
License Agreement only as to issues arising under or with respect to
Paragraphs 4, 5, and 7 of this License Agreement. 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 copying, installing or otherwise using Quixote-2.4, Licensee
agrees to be bound by the terms and conditions of this License
Agreement.

685
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CrossOver Linux License Grant
YOU REALLY WANT TO READ THIS, ESPECIALLY THE PART ABOUT
THE MANDATORY CAR WASH FOR CODEWEAVERS EMPLOYEES...
If you don't like this license grant:
a. Let us know, we'd appreciate the feedback.
b. Stop right now, and ask for a refund. We'll cheerfully do so.
The main thing we want you to know:
This is a license for one user. The license is not necessarily for a
specific user, or a specific computer, but it is for one person at a
time. If you need to support more than one person, please contact us
for volume pricing and site licensing. We do offer educational
discounts.
----------------< Start of Formal License Grant >-----------------------
1. License. The software accompanying this License (hereinafter "Software"),
regardless of the media on which it is distributed, are licensed to you
by CodeWeavers ("VENDOR"). You own the medium on which the Software is
recorded, but VENDOR and VENDOR's Licensors (referred to collectively as
"VENDOR") retain title to the Software and related documentation. You
may:
a. run the Software on any computer, so long as no more than one
person per license is ever using the Software at any one time.
b. transfer all your license rights in the Software, the backup copy
of the Software, the related documentation and a copy of this
License to another party, provided the other party reads and agrees
to accept the terms and conditions of this License.
2. Free Software. The Software contained in this product includes some
components of Free Software, including software from the Wine Project,
and the MojoSetup setup software.
The Wine project is licensed under terms of the GNU Lesser General Public
License, which is included below as Appendix A. The best source for the
Wine source code is the main Wine web page at http://www.winehq.org.
Japanese fonts are included under the Wada Laboratory public domain
license found at
http://sourceforge.jp/projects/ume-font/wiki/UmeFontLicence
MojoSetup and its dependent projects are all licensed under BSD
style licenses. The best place for that code is also
www.icculus.org.
We also use or include static copies of the following projects:
xml-dom, xml-namespacesupport, - Artistic or GPL license
xml-regexp, xml-sax
We also use the htmltextview.py library by Gustavor Carneiro, which
is licensed under the LGPL. The source code was available to us at:
http://people.gnome.org/~gjc/htmltextview.py
Portions of this software are copyright © 2009. The FreeType
Project (www.freetype.org). All rights reserved.
In each case, we use them unmodified and strongly recommend that
anyone wishing source code for these projects find and visit the
respective project home page.
We are deeply grateful to the authors of all of these software projects
for allowing us to use their software.
We include source code with each CD purchase of CrossOver. Current
source code for Free Software contained within CrossOver products is also
generally available at our web site, www.codeweavers.com. However,
individuals wishing to obtain source directly from us will be cheerfully
provided with a copy of any Free Software source upon request. We reserve
the right to charge a nominal processing fee for transmission of the
source code. Send such requests to info@codeweavers.com.
CodeWeavers strongly believes in the Free Software movement. We believe
that the spirit of this movement makes it important for you to be able to
obtain these components for yourself, make changes, and then use those
changes with our Software. To that end, you are explicitly granted
license to build alternate versions of the Wine software for use in
conjunction with the Software.
IN NO WAY IS THIS LICENSE GRANT INTENDED TO SUPERSEDE THE LICENSE
AGREEMENTS OF ANY FREE SOFTWARE COMPONENTS THAT ARE DISTRIBUTED IN
CONJUNCTION WITH THE SOFTWARE.
3. Restrictions. The Software contains copyrighted material, trade secrets
and other proprietary material. In order to protect them, and except as
permitted by applicable legislation or by the Free Software licenses
detailed in Section 2, you may not:
a. decompile, reverse engineer, disassemble or otherwise reduce the
Software to a human-perceivable form
b. rent, lend, loan, distribute or create derivative works based upon
the Software in whole or in part.
4. Term. This License is granted to you immediately upon purchase of a
license from CodeWeavers, or other related third party.
This License is effective until terminated. You may terminate this
License at any time by destroying the Software, related documentation and
all copies thereof.
This License will terminate immediately without notice from VENDOR if:
a. you use the Software in a fashion that exceeds the rights granted
to you by this license, OR
b. you fail to conclude the purchase transaction, OR
c. you request a refund.
If the Software was given to you for purposes of evaluation, then this
License will terminate at the end of the specified evaluation period,
typically 30 days.
Upon termination you must destroy the Software, related documentation and
all copies thereof.
5. Export Law Assurance. You agree and certify that neither the Software nor
any other technical data received from VENDOR, nor the direct product
thereof, will be exported outside the United States except as authorized
and as permitted by the laws and regulations of the United States. If the
Software has been rightfully obtained by you outside of the United
States, you agree that you will not reexport the Software nor any other
technical data received from VENDOR, nor the direct product thereof,
except as permitted by the laws and regulations of the United States and
the laws and regulations of the jurisdiction in which you obtained the
Software.
6. 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:
a. 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
b. 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.
7. Limited Warranty on Media. If you have purchased the Software in a
tangible form of media such as a CD ROM, VENDOR warrants the tangible media
on which the Software is recorded to be free from defects in materials and
workmanship under normal use for a period of ninety (90) days from the
date of purchase as evidenced by a copy of the receipt. VENDOR's entire
liability and your exclusive remedy will be replacement of the media not
meeting VENDOR's limited warranty and which is returned to VENDOR or an
VENDOR authorized representative with a copy of the receipt. VENDOR will
have no responsibility to replace any media damaged by accident, abuse or
misapplication. ANY IMPLIED WARRANTIES ON THE TANGIBLE MEDIA, INCLUDING
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF
DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO
HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
8. Disclaimer of Warranty on Software. You expressly acknowledge and agree
that use of the Software is at your sole risk. The Software and related
documentation are provided "AS IS" and without warranty of any kind and
VENDOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. VENDOR DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT
THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR
THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE
RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHERMORE,
VENDOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VENDOR OR VENDOR'S
AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE
THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND
NOT VENDOR OR VENDOR'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU.
9. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE,
SHALL VENDOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE
TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE,
MISUSE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF
VENDOR OR VENDOR'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no
event shall VENDOR's total liability to you for all damages, losses, and
causes of action (whether in contract, tort (including negligence) or
otherwise) exceed the amount paid by you for the Software.
10. Controlling Law and Severability. This License shall be governed by and
construed in accordance with the laws of the United States and the State
of Minnesota, as applied to agreements entered into and to be performed
entirely within Minnesota between Minnesota residents. 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 shall
be enforced to the maximum extent permissible so as to effect the intent
of the parties, and the remainder of this License shall continue in full
force and effect.
Appendix A - Wine License
GNU LESSER GENERAL PUBLIC LICENSE
Version 2.1, February 1999
Copyright (C) 1991, 1999 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.
[This is the first released version of the Lesser GPL. It also counts
as the successor of the GNU Library Public License, version 2, hence
the version number 2.1.]
Preamble
The licenses for most software are designed to take away your
freedom to share and change it. By contrast, the GNU General Public
Licenses are intended to guarantee your freedom to share and change
free software--to make sure the software is free for all its users.
This license, the Lesser General Public License, applies to some
specially designated software packages--typically libraries--of the
Free Software Foundation and other authors who decide to use it. You
can use it too, but we suggest you first think carefully about whether
this license or the ordinary General Public License is the better
strategy to use in any particular case, based on the explanations below.
When we speak of free software, we are referring to freedom of use,
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 and use pieces of
it in new free programs; and that you are informed that you can do
these things.
To protect your rights, we need to make restrictions that forbid
distributors to deny you these rights or to ask you to surrender these
rights. These restrictions translate to certain responsibilities for
you if you distribute copies of the library or if you modify it.
For example, if you distribute copies of the library, whether gratis
or for a fee, you must give the recipients all the rights that we gave
you. You must make sure that they, too, receive or can get the source
code. If you link other code with the library, you must provide
complete object files to the recipients, so that they can relink them
with the library after making changes to the library and recompiling
it. And you must show them these terms so they know their rights.
We protect your rights with a two-step method: (1) we copyright the
library, and (2) we offer you this license, which gives you legal
permission to copy, distribute and/or modify the library.
To protect each distributor, we want to make it very clear that
there is no warranty for the free library. Also, if the library is
modified by someone else and passed on, the recipients should know
that what they have is not the original version, so that the original
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Finally, software patents pose a constant threat to the existence of
any free program. We wish to make sure that a company cannot
effectively restrict the users of a free program by obtaining a
restrictive license from a patent holder. Therefore, we insist that
any patent license obtained for a version of the library must be
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Most GNU software, including some libraries, is covered by the
ordinary GNU General Public License. This license, the GNU Lesser
General Public License, applies to certain designated libraries, and
is quite different from the ordinary General Public License. We use
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When a program is linked with a library, whether statically or using
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General Public License therefore permits such linking only if the
entire combination fits its criteria of freedom. The Lesser General
Public License permits more lax criteria for linking other code with
the library.
We call this license the "Lesser" General Public License because it
does Less to protect the user's freedom than the ordinary General
Public License. It also provides other free software developers Less
of an advantage over competing non-free programs. These disadvantages
are the reason we use the ordinary General Public License for many
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For example, on rare occasions, there may be a special need to
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In other cases, permission to use a particular library in non-free
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free software. For example, permission to use the GNU C Library in
non-free programs enables many more people to use the whole GNU
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system.
Although the Lesser General Public License is Less protective of the
users' freedom, it does ensure that the user of a program that is
linked with the Library has the freedom and the wherewithal to run
that program using a modified version of the Library.
The precise terms and conditions for copying, distribution and
modification follow. Pay close attention to the difference between a
"work based on the library" and a "work that uses the library". The
former contains code derived from the library, whereas the latter must
be combined with the library in order to run.
GNU LESSER GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License Agreement applies to any software library or other
program which contains a notice placed by the copyright holder or
other authorized party saying it may be distributed under the terms of
this Lesser General Public License (also called "this License").
Each licensee is addressed as "you".
A "library" means a collection of software functions and/or data
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The "Library", below, refers to any such software library or work
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Activities other than copying, distribution and modification are not
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You may charge a fee for the physical act of transferring a copy,
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NO WARRANTY
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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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Chex (R) and Chex Quest (R) are trademarks of General Mills, Inc. Chex Quest 3 cannot be bought or sold under any circumstances.

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Copyright (c) 2009-2020 Code Synthesis Tools CC.
This program is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License version 2 as
published by the Free Software Foundation.
For more information on ODB licensing as well as for answers to
some of the common licensing questions, visit the ODB License
page:
http://www.codesynthesis.com/products/odb/license.xhtml
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 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., 51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA

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D1x License
Preamble
--------
This License is designed to allow the Descent programming community to
continue to have the Descent source open and available to anyone.
Original 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.
-------------------------
The D1x project is the combination of the original Parallax code and the
modifications and additions made to source code. While the original code is
only under the Original Parallax License the D1x project contains original
code that was not made by Parallax. This ADDED and/or CHANGED code has the
following added restrictions:
1) By using this source you are agreeing to these terms.
2) D1x and derived works may only be modified if ONE of the following is done:
a) The modified version is placed under this license. The source
code used to create the modified version is freely and publicly
available under this license.
b) The modified version is only used by the developer.
3) D1X IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

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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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DOOM 3 LIMITED USE SOFTWARE LICENSE AGREEMENT
This DOOM 3 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 CONTINUING THE INSTALLATION OF THE FULL VERSION GAME PROGRAM ENTITLED DOOM 3 (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. 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 sections 2 and 4 hereinbelow. 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. 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 Software grants to you the non-exclusive and limited right to create for the Software (except any Software code) your own modifications (the "New Creations") that shall operate only with the Software (but not any demo, test, or other version of the Software). You may include within the New Creations certain textures and other images (the "Software Images") from the Software. You shall not create any New Creations that infringe against any third-party right or that are libelous, defamatory, obscene, false, misleading, or otherwise illegal or unlawful. You agree that the New Creations 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 New Creations in any other manner 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 United States has embargoed goods or to anyone or into any country who/that 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 permitted to distribute, without any cost or charge, the New Creations only to other end-users so long as such distribution is not infringing against any third-party right and otherwise is not illegal or unlawful. As noted below, in the event you commit any breach of this Agreement, your license and this Agreement automatically shall terminate, without notice.
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, 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;
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 the Printed Materials (as defined in section 5 hereinbelow); 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.
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 from the CD ROM that 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.
6. Intellectual Property Rights. Certain printed materials (the "Printed Materials") accompany the Software. The Software, 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 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 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 limited 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 shall survive the cancellation or termination of this Agreement.
7. 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, THE PRINTED MATERIALS, THE SOFTWARE IMAGES, 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.
8. 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 ninety (90) days from the date of purchase. If the recording medium is found defective within ninety (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 still is being manufactured by Activision. In the event that the Software no longer is 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 NON-INFRINGEMENT, 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 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; and (4) if you are returning the Software after the ninety (90) day warranty period, but within one (1) year after the date of purchase, please include check or money order for $10.00 U.S. (A$19 for Australia, or £10.00 for Europe) currency per CD or floppy disk replacement. Note: Certified mail recommended.
In the United States, send to:
Warranty Replacements
Activision, Inc.
P.O. Box 67713
Los Angeles, California 90067
In Europe, send to:
Warranty Replacements
Activision
Parliament House
St. Laurence Way
Slough, Berkshire SL1 2BW
United Kingdom
In Australia and Asia Pacific territories, send to:
Warranty Replacements
Activision
Level 5, 51 Rawson street
Epping, NSW 2121
Australia
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 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. You agree that your unauthorized use of the Software Images, the Printed Materials, or 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 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.
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, the Printed Materials, or the New Creations, in any manner, you immediately shall destroy all copies of the Software, the Printed Materials, and the New Creations 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 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, 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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sdk_container/src/third_party/portage-stable/licenses/DUMB-0.9.2 vendored
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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
Copyright (C) 2001-2003 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 only reason why the link is not strictly required is that such a
requirement prevents DUMB from being used in projects with certain other
licences, notably the GPL. See http://www.gnu.org/philosophy/bsd.html .]
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 at any Monday
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.]
Note: point 4 has been renounced. See the Licences section on
http://dumb.sf.net/ for confirmation that this is true.

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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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Taken from http://support.dell.com/support/topics/global.aspx/support/downloads/en/disclaimer
Export Compliance Disclaimer
By downloading from Dell's Web site, you are agreeing that you will not use or
otherwise export or reexport, directly or indirectly, this Software and/or
Technology except as authorized by U.S. law and the laws of the jurisdiction in
which the Software and/or Technology was obtained. The Software and/or
Technology may not be exported or reexported (i) to any U.S. embargoed country
(currently Cuba, Iran, Libya, North Korea, Sudan and Syria) or (ii) to an
end-user or end-use prohibited by U.S. law or the laws of the jurisdiction in
which the Software and/or Technology was obtained. By downloading the Software
and/or Technology, you represent and warrant that you are not located in, under
the control of, or a national or resident of any such country and are not a
prohibited end-user or engaged in a prohibited end-use.
Dell Software Disclaimer
TO USERS OF DELL'S SERVICE & SUPPORT WEB SITE: DELL INC. ("DELL") DOES NOT
WARRANT THE FILES (INCLUDING ANY FIXES AND UPDATES) PROVIDED IN THE
DOWNLOADABLE FILE LIBRARY AREA(S) OF THE DELL SERVICE & SUPPORT WEB SITE (THE
"SITE"). ALL FILES AVAILABLE FOR DOWNLOAD (THE "FILES") FROM THE SITE ARE
PROVIDED "AS IS." IN CONNECTION WITH THE FILES, DELL MAKES NO WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF TITLE, OR OF
NON-INFRINGEMENT OF THIRD PARTY RIGHTS. USE OF THE FILES BY A USER IS AT THE
USER'S RISK AND IS DEEMED ACCEPTANCE OF THESE TERMS. IN NO EVENT SHALL DELL BE
LIABLE TO THE USER FOR ANY DAMAGES ARISING FROM USE OF OR INABILITY TO USE THE
FILES, INCLUDING ANY DAMAGES AS A RESULT OF VIRUS INFECTION OR OTHER
CONTAMINATION, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES, EVEN IF DELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY.
THE DRIVERS PROVIDED FOR DOWNLOAD ON DELL'S WEBSITE ARE THE LATEST ONES THAT
HAVE BEEN VALIDATED BY DELL. FOR ANY GIVEN HARDWARE COMPONENT, NEWER DRIVERS
MAY EXIST ON THE RESPECTIVE MANUFACTURER'S SITE. PLEASE NOTE THAT DELL HAS NOT
VALIDATED ANY DRIVERS NOT DIRECTLY AVAILABLE FROM DELL'S WEBSITE, AND CAN
THEREFORE MAKE NO REPRESENTATIONS AS TO THEIR EFFECTIVENESS, STABILITY,
APPROPRIATENESS OR SAFETY . IF YOU WISH TO DOWNLOAD AND INSTALL ANY
NON-VALIDATED DRIVER, DELL STRONGLY RECOMMENDS THAT YOU MAKE A BACKUP OF YOUR
CURRENT WORKING CONFIGURATION SO THAT YOU HAVE SOME ABILITY TO RETURN TO A
KNOWN WORKING STATE IF THE NEW DRIVER FAILS TO FUNCTION PROPERLY OR CAUSES
SYSTEM PROBLEMS. ANY PROBLEMS ENCOUNTERED WITH NON-VALIDATED DRIVERS SHOULD BE
ADDRESSED TO THE RESPECTIVE MANUFACTURER(S) -- DELL WILL NOT HAVE INFORMATION
ON ANY NON-VALIDATED DRIVERS.
Dell Software Copyright
EACH ONE OF THE FILES (AS DEFINED IN THE "DISCLAIMER" SUBSECTION ABOVE) IS THE
COPYRIGHTED WORK OF EITHER DELL OR OF THE THIRD-PARTY VENDOR SUPPLYING THE
DOWNLOADABLE FILE. USE OF THE FILES IS SUBJECT TO COPYRIGHT LAWS OF THE UNITED
STATES. USE OF ANY OF THE FILES IN ANY MANNER THAT WOULD VIOLATE THE COPYRIGHT
LAWS OF THE UNITED STATES IS EXPRESSLY FORBIDDEN.

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sdk_container/src/third_party/portage-stable/licenses/Dina vendored
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The Dina font is free. You are welcome to use, distribute and
modify it however you want, just don't use it for anything illegal
or claim that you made it.
The Dina font is provided 'as-is', without any express or implied
warranty. In no event will the authors be held liable for any
damages arising from the use of this font.

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EUROPEAN UNION PUBLIC LICENCE v. 1.2
EUPL © the European Union 2007, 2016
This European Union Public Licence (the ‘EUPL’) applies to the Work (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 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 Work:
Licensed under the EUPL
or has expressed by any other means 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’:the work or software distributed 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 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 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 Work under the terms of the
Licence.
— ‘Distribution’ or ‘Communication’:any act of selling, giving, lending, renting, distributing, communicating,
transmitting, or otherwise making available, online or offline, 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 worldwide, 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,
— reproduce the Work,
— modify the Work, and make Derivative Works based upon the Work,
— communicate to the public, including the right to make available or display the Work or copies thereof to the public
and perform publicly, as the case may be, the Work,
— distribute the Work or copies thereof,
— lend and rent the Work or copies thereof,
— sublicense rights in the Work or copies thereof.
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 on the Work under this Licence.
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 notice attached to
the Work, a repository where the Source Code is easily and freely accessible for as long as the Licensor continues to
distribute 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 Work, 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 imposed on the Licensee. Those
obligations are the following:
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 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 or communicates copies of the Original Works or Derivative Works, this
Distribution 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 — for example by communicating
‘EUPL v. 1.2 only’. 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 or Communicates Derivative Works or copies thereof based upon both
the Work and another work licensed under a Compatible Licence, this Distribution 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 with
his/her obligations under this Licence, the obligations of the Compatible Licence shall prevail.
Provision of Source Code: When distributing or communicating copies of the Work, the Licensee will provide
a machine-readable copy of the Source Code or indicate a repository where this Source will be easily and freely available
for as long as the Licensee continues to distribute or communicate the Work.
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.
6.Chain of Authorship
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 Work are owned by him/her or
licensed to him/her and that he/she has the power and 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 Licence.
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’ inherent to this type of development.
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 stated in Article 6 of this
Licence.
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 persons, the Licensor will in no event be
liable for any direct or indirect, material or moral, damages of any kind, arising out of the Licence or of the use of the
Work, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss
of data or any commercial damage, even if the Licensor has been advised of the possibility of such damage. However,
the Licensor will be liable under statutory product liability laws as far such laws apply to the Work.
9.Additional agreements
While distributing the Work, You may choose to conclude an additional agreement, defining obligations or services
consistent with this Licence. However, if accepting obligations, You may act only on your own behalf and on your sole
responsibility, not on behalf of the original Licensor or 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
the fact You have accepted any warranty or additional liability.
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
or Communication by You of the Work or copies thereof.
11.Information to the public
In case of any Distribution 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.
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 or reformed so as necessary to make it valid
and enforceable.
The European Commission may publish other linguistic versions or new versions of this Licence or updated versions of
the Appendix, 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
Without prejudice to specific agreement between parties,
— any litigation resulting from the interpretation of this License, arising between the European Union institutions,
bodies, offices or agencies, as a Licensor, and any Licensee, will be subject to the jurisdiction of the Court of Justice
of the European Union, as laid down in article 272 of the Treaty on the Functioning of the European Union,
— any litigation arising between other parties 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
Without prejudice to specific agreement between parties,
— this Licence shall be governed by the law of the European Union Member State where the Licensor has his seat,
resides or has his registered office,
— this licence shall be governed by Belgian law if the Licensor has no seat, residence or registered office inside
a European Union Member State.
Appendix
‘Compatible Licences’ according to Article 5 EUPL are:
— GNU General Public License (GPL) v. 2, v. 3
— GNU Affero General Public License (AGPL) v. 3
— Open Software License (OSL) v. 2.1, v. 3.0
— Eclipse Public License (EPL) v. 1.0
— CeCILL v. 2.0, v. 2.1
— Mozilla Public Licence (MPL) v. 2
— GNU Lesser General Public Licence (LGPL) v. 2.1, v. 3
— Creative Commons Attribution-ShareAlike v. 3.0 Unported (CC BY-SA 3.0) for works other than software
— European Union Public Licence (EUPL) v. 1.1, v. 1.2
— Québec Free and Open-Source Licence — Reciprocity (LiLiQ-R) or Strong Reciprocity (LiLiQ-R+).
The European Commission may update this Appendix to later versions of the above licences without producing
a new version of the EUPL, as long as they provide the rights granted in Article 2 of this Licence and protect the
covered Source Code from exclusive appropriation.
All other changes or additions to this Appendix require the production of a new EUPL version.

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Copyright 2000 Epinions, Inc.
Subject to the following 3 conditions, Epinions, Inc. permits you, free
of charge, to (a) use, copy, distribute, modify, perform and display
this software and associated documentation files (the "Software"), and
(b) permit others to whom the Software is furnished to do so as well.
1) The above copyright notice and this permission notice shall be
included without modification in all copies or substantial portions of
the Software.
2) THE SOFTWARE IS PROVIDED "AS IS", WITHOUT ANY WARRANTY OR CONDITION
OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION
ANY IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NONINFRINGEMENT.
3) IN NO EVENT SHALL EPINIONS, INC. BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT
OF OR IN CONNECTION WITH THE SOFTWARE (HOWEVER ARISING, INCLUDING
NEGLIGENCE), EVEN IF EPINIONS, INC. IS AWARE OF THE POSSIBILITY OF SUCH
DAMAGES.

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Copying and distribution of this file, with or without modification, are
permitted in any medium without royalty provided the copyright notice
and this notice are preserved. This file is offered as-is, without any
warranty.

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Copyright (c) 2014, Flightradar24 AB
All rights reserved.
Use in binary form, without modification, is permitted provided that the following conditions are met:
* Software is only used to feed data to Flightradar24 or its other services and no actions
are taken to prevent it from sending data to Flightradar24 servers.
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 HOLDER 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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[ Copyleft Attitude ]
Free Art License 1.3 (FAL 1.3)
Preamble
The Free Art License grants the right to freely copy, distribute, and transform creative works without infringing the author’s rights.
The Free Art License recognizes and protects these rights. Their implementation has been reformulated in order to allow everyone to use creations of the human mind in a creative manner, regardless of their types and ways of expression.
While the public’s access to creations of the human mind usually is restricted by the implementation of copyright law, it is favoured by the Free Art License. This license intends to allow the use of a work’s resources; to establish new conditions for creating in order to increase creation opportunities. The Free Art License grants the right to use a work, and acknowledges the right holder’s and the user’s rights and responsibility.
The invention and development of digital technologies, Internet and Free Software have changed creation methods: creations of the human mind can obviously be distributed, exchanged, and transformed. They allow to produce common works to which everyone can contribute to the benefit of all.
The main rationale for this Free Art License is to promote and protect these creations of the human mind according to the principles of copyleft: freedom to use, copy, distribute, transform, and prohibition of exclusive appropriation.
Definitions
« work » either means the initial work, the subsequent works or the common work as defined hereafter:
« common work » means a work composed of the initial work and all subsequent contributions to it (originals and copies). The initial author is the one who, by choosing this license, defines the conditions under which contributions are made.
« Initial work » means the work created by the initiator of the common work (as defined above), the copies of which can be modified by whoever wants to
« Subsequent works » means the contributions made by authors who participate in the evolution of the common work by exercising the rights to reproduce, distribute, and modify that are granted by the license.
« Originals » (sources or resources of the work) means all copies of either the initial work or any subsequent work mentioning a date and used by their author(s) as references for any subsequent updates, interpretations, copies or reproductions.
« Copy » means any reproduction of an original as defined by this license.
1. OBJECT
The aim of this license is to define the conditions under which one can use this work freely.
2. SCOPE
This work is subject to copyright law. Through this license its author specifies the extent to which you can copy, distribute, and modify it.
2.1 FREEDOM TO COPY (OR TO MAKE REPRODUCTIONS)
You have the right to copy this work for yourself, your friends or any other person, whatever the technique used.
2.2 FREEDOM TO DISTRIBUTE, TO PERFORM IN PUBLIC
You have the right to distribute copies of this work; whether modified or not, whatever the medium and the place, with or without any charge, provided that you:
attach this license without any modification to the copies of this work or indicate precisely where the license can be found,
specify to the recipient the names of the author(s) of the originals, including yours if you have modified the work,
specify to the recipient where to access the originals (either initial or subsequent).
The authors of the originals may, if they wish to, give you the right to distribute the originals under the same conditions as the copies.
2.3 FREEDOM TO MODIFY
You have the right to modify copies of the originals (whether initial or subsequent) provided you comply with the following conditions:
all conditions in article 2.2 above, if you distribute modified copies;
indicate that the work has been modified and, if it is possible, what kind of modifications have been made;
distribute the subsequent work under the same license or any compatible license.
The author(s) of the original work may give you the right to modify it under the same conditions as the copies.
3. RELATED RIGHTS
Activities giving rise to author’s rights and related rights shall not challenge the rights granted by this license.
For example, this is the reason why performances must be subject to the same license or a compatible license. Similarly, integrating the work in a database, a compilation or an anthology shall not prevent anyone from using the work under the same conditions as those defined in this license.
4. INCORPORATION OF THE WORK
Incorporating this work into a larger work that is not subject to the Free Art License shall not challenge the rights granted by this license.
If the work can no longer be accessed apart from the larger work in which it is incorporated, then incorporation shall only be allowed under the condition that the larger work is subject either to the Free Art License or a compatible license.
5. COMPATIBILITY
A license is compatible with the Free Art License provided:
it gives the right to copy, distribute, and modify copies of the work including for commercial purposes and without any other restrictions than those required by the respect of the other compatibility criteria;
it ensures proper attribution of the work to its authors and access to previous versions of the work when possible;
it recognizes the Free Art License as compatible (reciprocity);
it requires that changes made to the work be subject to the same license or to a license which also meets these compatibility criteria.
6. YOUR INTELLECTUAL RIGHTS
This license does not aim at denying your author’s rights in your contribution or any related right. By choosing to contribute to the development of this common work, you only agree to grant others the same rights with regard to your contribution as those you were granted by this license. Conferring these rights does not mean you have to give up your intellectual rights.
7. YOUR RESPONSIBILITIES
The freedom to use the work as defined by the Free Art License (right to copy, distribute, modify) implies that everyone is responsible for their own actions.
8. DURATION OF THE LICENSE
This license takes effect as of your acceptance of its terms. The act of copying, distributing, or modifying the work constitutes a tacit agreement. This license will remain in effect for as long as the copyright which is attached to the work. If you do not respect the terms of this license, you automatically lose the rights that it confers.
If the legal status or legislation to which you are subject makes it impossible for you to respect the terms of this license, you may not make use of the rights which it confers.
9. VARIOUS VERSIONS OF THE LICENSE
This license may undergo periodic modifications to incorporate improvements by its authors (instigators of the « Copyleft Attitude » movement) by way of new, numbered versions.
You will always have the choice of accepting the terms contained in the version under which the copy of the work was distributed to you, or alternatively, to use the provisions of one of the subsequent versions.
10. SUB-LICENSING
Sub-licenses are not authorized by this license. Any person wishing to make use of the rights that it confers will be directly bound to the authors of the common work.
11. LEGAL FRAMEWORK
This license is written with respect to both French law and the Berne Convention for the Protection of Literary and Artistic Works.
USER GUIDE
– How to use the Free Art License?
To benefit from the Free Art License, you only need to mention the following elements on your work:
[Name of the author, title, date of the work. When applicable, names of authors of the common work and, if possible, where to find the originals].
Copyleft: This is a free work, you can copy, distribute, and modify it under the terms of the Free Art License http://artlibre.org/licence/lal/en/
– Why to use the Free Art License?
1.To give the greatest number of people access to your work.
2.To allow it to be distributed freely.
3.To allow it to evolve by allowing its copy, distribution, and transformation by others.
4.So that you benefit from the resources of a work when it is under the Free Art License: to be able to copy, distribute or transform it freely.
5.But also, because the Free Art License offers a legal framework to disallow any misappropriation. It is forbidden to take hold of your work and bypass the creative process for one’s exclusive possession.
– When to use the Free Art License?
Any time you want to benefit and make others benefit from the right to copy, distribute and transform creative works without any exclusive appropriation, you should use the Free Art License. You can for example use it for scientific, artistic or educational projects.
– What kinds of works can be subject to the Free Art License?
The Free Art License can be applied to digital as well as physical works.
You can choose to apply the Free Art License on any text, picture, sound, gesture, or whatever sort of stuff on which you have sufficient author’s rights.
– Historical background of this license:
It is the result of observing, using and creating digital technologies, free software, the Internet and art. It arose from the « Copyleft Attitude » meetings which took place in Paris in 2000. For the first time, these meetings brought together members of the Free Software community, artists, and members of the art world. The goal was to adapt the principles of Copyleft and free software to all sorts of creations. http://www.artlibre.org
Copyleft Attitude, 2007.
You can make reproductions and distribute this license verbatim (without any changes).
Translation : Jonathan Clarke, Benjamin Jean, Griselda Jung, Fanny Mourguet, Antoine Pitrou.
Thanks to framalang.org

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======================================== ## GOG.com User Agreement
== GOG.com End-User License Agreement ==
========================================
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING ### 1\. ABOUT THIS AGREEMENT
THE PROGRAM. This end user license agreement (this “Agreement”) is
a legal agreement between you (an individual or a single entity “You”)
and GOG.com or GOG Limited (“Company”) for the accompanying software
product which includes computer software and any associated media,
printed materials, and/or “online” or electronic documentation
(collectively, the “Program”). By installing, copying, or otherwise
using the Program, you acknowledge that you have read this Agreement
and agree to be bound by the terms. If you do not accept or agree to
the terms of this Agreement, do not install or use the Program.
1.License. Company grants you a non-exclusive, non-transferable license 1.1 This Agreement is a contract between you and GOG sp. z o.o., ul.
to use the Program, but retains all property rights in the Program and Jagiellonska 74, 03-301 Warsaw, Poland (we will further call ourselves "GOG")
all copies thereof. This Program is licensed, not sold, for your and applies to www.GOG.com, your GOG user account, the GOG Downloader, GOG
personal, non-commercial use. Your license confers no title or ownership Galaxy, any games or videos or other content which you purchase or access via
in this Program and should not be construed as any sale of any rights in us, the GOG web forums, GOG customer and technical support and other services
this Program. You may not transfer, distribute, rent, sub-license, or we provide to you (we'll just call all this "GOG services" for short).
lease the Program or documentation, except as provided herein; alter,
modify, or adapt the Program or documentation, or portions thereof
including, but not limited to, translation, decompiling or disassembling.
You agree not to modify or attempt to reverse engineer, decompile, or
disassemble the Program, except and only to the extent that such
activity is expressly permitted under applicable law notwithstanding
this limitation. All rights not expressly granted under this Agreement
are reserved by Company.
2.No Warranty. You are responsible for assessing your own computer and 1.2 Also, when we're talking about games, in-game content, virtual items or
the results to be obtained therefrom. You expressly agree that use of currency or GOG videos or other content which you can purchase or access via
the Program is at your sole risk. The Program is provided on an “as is,” GOG services, we’ll just call them "GOG games" or "GOG videos" respectively
“as available” basis, unless such warranties are legally incapable of and when we talk about them all together they are "GOG content". Simple, eh?
exclusion. Company and its licensors disclaim all warranties and Oh, and one more thing – what we say in this Agreement covers our Privacy
conditions, whether oral or written, express, or implied, including Policy too (you can read it
without limitation any implied warranties or conditions of merchantability, [here](https://support.gog.com/hc/articles/212632109-Privacy-Policy)), so the
fitness for a particular purpose, non-infringement of third party rights, Privacy Policy is part of this Agreement.
and those arising from a course of dealing or usage of trade, regarding
the Program. Company and its licensors assume no responsibility for any
damages suffered by you, including, but not limited to, loss of data,
items or other materials from errors or other malfunctions caused by
Company, its licensors, licensee and/or subcontractors, or by your or
any other participant’s own errors and/or omissions. Company and its
licensors make no warranty with respect to any related software or
hardware used or provided by Company in connection with the Program except
as expressly set forth above.
3.Limitation of Liability. You acknowledge and agree that Company and 1.3 GOG works with trusted partners, including our related company CD PROJEKT
its licensors shall not assume or have any liability for any action by S.A., developers and publishers, payment providers, customer service software
Company or its content providers, other participants, or other licensors providers and others („Partners") – more on them later in this Agreement.
with respect to conduct, communication, or content of the Program.
Company and its licensors shall not be liable for any indirect, incidental,
special, punitive, exemplary, or consequential damages resulting hereunder
in any manner, even if advised of the possibility of such damages.
Except as expressly provided herein, Company’s and its licensors’ entire
liability to you and your exclusive remedy for any breach of this Agreement
is limited solely to the total amount paid by you for the Program,
if any. Because some states do not allow the exclusion or limitation
of liability for certain damages, in such states Company’s and its
licensors’ liability is limited to the extent permitted by law.
4.Indemnity. At Company’s request, you agree to defend, indemnify and 1.4 If you're over 18, then welcome to GOG.com! If you're between 13 and 18
hold harmless Company, its affiliates and licensors from all damages, (or whatever is the age of adulthood in your country), before we extend an
losses, liabilities, claims and expenses, including attorneys’ fees, equally warm welcome, please ask your parent or guardian to review and approve
arising directly or indirectly from your acts and omissions to act in this Agreement on your behalf (because in some countries people under a
using the Program pursuant to the terms of this Agreement or any breach certain age cannot legally enter into contracts like this Agreement). Legally,
of this Agreement by you. children below 13 cannot have a GOG account (but their parents/guardians are
welcome to sign up themselves).
5.Termination. Without prejudice to any other rights of Company, this ### 2\. USING GOG.COM AND GOG CONTENT
Agreement and your right to use the Program may automatically terminate
without notice from Company if you fail to comply with any provision
of this Agreement or any terms and conditions associated with the
Program. In such event, you must destroy all copies of this Program
and all of its component parts.
6.Injunction. Because Company would be irreparably damaged if the terms 2.1 We give you and other GOG users the personal right (known legally as a
of this Agreement were not specifically enforced, you agree that Company 'licence') to use GOG services and to download and/or stream (depending on the
shall be entitled, without bond, other security or proof of damages, to content) and use GOG content. This licence is for your personal use. We can
appropriate equitable remedies with respect to breaches of this Agreement, stop or suspend this licence in some situations, which are explained later on.
in addition to such other remedies as Company may otherwise have under
applicable laws.
7.General Provisions. Company’s failure to enforce at any time any of 2.2 When you buy or install GOG games, you might have to agree to additional
the provisions of this Agreement shall in no way be construed to be a contract terms with the developer/publisher of the game (e.g. they might ask
present or future waiver of such provisions, nor in any way affect the you to agree to a game specific End User Licence Agreement). If there is any
right of any party to enforce each and every such provision thereafter. inconsistency or dispute between those ‘EULAs’ and this Agreement, then this
The express waiver by Company of any provision, condition or requirement Agreement wins.
of this Agreement shall not constitute a waiver of any future obligation
to comply with such provision, condition or requirement. This Agreement 2.3 With GOG videos, you can also stream purchased video content or download
shall be governed by the laws of the State of California and the United it to watch the way you want.
States without regard to its conflicts of laws rules and you consent to
the exclusive jurisdiction of the courts in Los Angeles County, 2.4 Using certain third party scripts is recommended for your full use of
California. The United Nations Convention on Contracts for the GOG.com functionality and, although that usage is optional, we cannot promise
International Sale of Goods shall not apply to this Agreement. full service performance without them.
This Agreement represents the complete agreement concerning this License
Agreement between you and Company. 2.5 A quick word about GOG Galaxy, which is our (optional) online service
which not only allows you to buy and access GOG content but also provides
online multiplayer and other cool game features like achievements, chat and
game-time tracking. You can learn more about it
[here](https://www.gog.com/galaxy).
### 3\. GOG ACCOUNTS
3.1 To buy GOG content from GOG services, and in some cases to play/use GOG
content where our partners require use of a GOG account, you will need to set
up a GOG account. This will involve creating a password (which is encrypted so
we can’t access it) and a username, plus giving us (for identification
purposes) your email address. Please make sure your login credentials are kept
secure and your account is used properly. In your GOG Account settings you can
also optionally set your country of residence, birthday and avatar. Our
Privacy Policy gives more detail about the information we collect from you and
how we use it and protect it. It's at [Privacy
Policy](https://support.gog.com/hc/articles/212632109-Privacy-Policy).
3.2 You can use your GOG account to set up a public profile accessible by
other people. You can also use your GOG account to connect with other GOG
users. Please act sensibly and remember you are responsible for your own
actions
3.3 Your GOG account and GOG content are personal to you and cannot be shared
with, sold, gifted or transferred to anyone else. Your access to and use of
them is subject to GOG’s rules which are set out
[here](https://support.gog.com/hc/sections/202834565-FAQ-What-is-GOG-com-), as
updated or amended when necessary.
### 4\. SYSTEM REQUIREMENTS
4.1 Because GOG.com gives you access to many different games created at
different times, we cannot give you one set of system requirements for all GOG
services or GOG content.
4.2 What we can tell you is that using any GOG game will require an
appropriate operating system (please refer to the relevant GOG product page)
with all service packs and important updates installed on it. All GOG games
should be natively installed on a computer that meets or exceeds the minimum
hardware and software specifications shown on the GOG product page. GOG games
are not tested on virtual machine software and therefore we do not support
playing through them.
4.3 For GOG videos, please make sure your video player supports the videos’
format specified in the GOG product page.
4.4 If you have questions about system requirements, please contact us at
[here](https://support.gog.com/hc/requests/new?category=info). Just so we're
clear, you are responsible for making sure you have sufficient Internet access
to download purchased GOG games or GOG videos from us or to stream GOG videos
and that your system can play GOG games and watch GOG videos.
### 5\. BETAS
5.1 As GOG.com develops, we may offer you optional access to 'beta' versions
of GOG software or services (e.g. new versions of the GOG Galaxy client made
available prior to its general release) or GOG content (more on that later)
Here are the rules:
* a) We (or any applicable publisher/partner) will set the conditions and requirements for your beta access. Providing and maintaining a beta, and who can use a beta, is at our discretion.
* b) You may be required to go through a registration process or other requirements to access the beta (and this may include you meeting eligibility criteria).
* c) Betas will be time-limited and there may be extra contract requirements.
* d) The beta may involve temporary or permanent server/progress/content wipes, resets or amendments.
* e) The beta may be subject to confidentiality restrictions (which will be notified to you in advance if so).
* f) You may be invited to participate in a feedback process regarding the beta – this is totally optional but would be really valued.
* g) The beta is for your use and enjoyment, so you must not sell, loan or otherwise transfer it to anyone else.
* h) The point of you getting beta access is to allow you to try something new, but we would expect you to recognise that it will not be complete yet. Therefore betas will be provided 'as is' without any additional promises from us or any liability on us if it is not complete or does not work fully or causes issues. Betas may not be totally feature-complete and there may be feature changes, modifications or removals during the beta.
We may provide access to GOG content in beta/pre-release form. For example, a
publisher/partner may decide to release a game or a part of it in beta, or may
join our ‘Games in Development’ program (see section 7.5-7.7. below). Any such
GOG content will also be governed by these rules unless the relevant publisher
specififes its own rules (which will prevail over these rules).
### 6\. PAYING FOR GOG CONTENT AND GETTING REFUNDS
**Paying for GOG content**
6.1 Surprise surprise, after you decide that you like a GOG game, GOG video or
other GOG content, you usually will need to pay for it before you can access
it (though we do have some free content too!) You can pay in different ways:
(i) using a valid debit or credit card; or (ii) using PayPal or any other
authorised payment providers. Keep your payment details secure.
6.2 When you use a payment method to buy GOG content, we're relying on your
promise that you're able to use that method. You are responsible for any
purchases made using your GOG account or payment method and you agree to the
pricing, payment and billing policies applicable to them, as notified to you
at the time of purchase. All payments are non-refundable and non-transferable
except as expressly provided in this Agreement. Kids – your parent or guardian
needs to approve any purchase you make.
6.3 You can always pay for GOG content in US Dollars. However if you happen to
live in countries where your local currency is supported (see our Support
section [here](https://support.gog.com/hc/sections/202834625-FAQ-Payments-
pricing-and-promos) for details), you will be able to pay in your local
currency. You might have to pay a currency conversion charge if you are not
paying in your home currency and some banks might also add other kinds of
transaction fees.
6.4. All prices are visible in the product catalogue page. They’re inclusive
of legally applicable sales taxes/VAT.
**GOG Wallet**
6.5 GOG offers users a digital account balance called the "GOG Wallet" in
connection with your user account, which you can use to make purchases of GOG
content. Funds can be added to it in two ways: (i) using your chosen payment
method; or (ii) by us as part of our ‘Free Wallet’ program (see below). The
GOG Wallet is made available subject to rules which are set out on our GOG
Wallet page [here](https://support.gog.com/hc/sections/202834605-FAQ-GOG-
Wallet).
**Free Wallet and Bonus Codes**
6.6 In some situations we may be able to offer you a credit to your GOG
account which you can redeem against GOG purchases (we’ll call this "Free
Wallet"). For example, as we explain in section 6.9 we may offer GOG Wallet
funds in connection with our Fair Pricing policy in some situations. We may
also issue time-limited bonus codes which give you free or reduced price
access to GOG content (we’ll call them "Bonus Codes").
6.7 If you receive Free Wallet or Bonus Codes when you buy GOG content but
later decide to return that GOG content, then we think it’s fair for you to
return the Free Wallet or Bonus Codes too. Therefore, we will: (i) remove from
your GOG account any unused Free Wallet which you received because of that GOG
content; (ii) if you have used any of that Free Wallet to purchase other GOG
content, then we will deduct the amount of that used Free Wallet from your
refund; and (iii) for Bonus Codes, we will terminate it or, if it has been
redeemed for a GOG game, that game will be removed from your account.
6.8 Free Wallet and Bonus Codes are subject to our GOG Wallet rules (see
section 6.5 above). Free Wallet is valid for one year unless it is mixed with
any GOG Wallet funds obtained with real money, in which case the total balance
will not have any expiry date until that total balance is reduced to zero (at
which point the process resets again).
**Fair Pricing**
6.9. We stand by the simple truth that $1 does not equal 1€ - we are trying to
apply fair conversion rates. In a perfect world we would apply the same method
of pricing to all of the games we offer. However, things are a little bit more
complicated, and there are some games in our catalogue that follow a different
region-based pricing scheme. However, we wouldn't be GOG.com if we didn't find
a way to make it right by the users who end up paying relatively more for such
titles. Here's where the Fair Price Package comes in!
6.10. The Fair Price Package applies to all of the titles which we couldn't
include in our standard pricing scheme. If you end up paying more for a game
in your local currency than its US price, we'll refund you the difference out
of our own pocket. The refunded value will be added to your GOG Wallet in the
currency of your purchase. You'll be getting GOG Wallet funds that you can use
to purchase anything on GOG.com or partially pay for an item that's more
expensive. GOG Wallet funds will be credited to your GOG account in the
currency in which you bought the relevant GOG content (e.g. if you bought a
game in US Dollars, any GOG Wallet funds regarding it will be in US Dollars).
These GOG wallet funds will be subject to our ‘Free Wallet’ special rule on
duration (see section 6.7).
6.11. Please treat this system sensibly and don't exploit it (for example by
using VPNs or other methods to manipulate how your location appears) – that's
not cool.
### 7\. REFUNDS AND RETURNS
**Statutory refund rights**
7.1. If you are a resident of the European Union or other applicable
jurisdictions (excluding the USA), then you have the statutory right to
withdraw from a purchase of GOG content within 14 days of your purchase,
without giving a reason. However, this does not apply where you have expressly
consented to the performance of the GOG content (which is digital content)
beginning immediately upon conclusion of the purchase process and have
acknowledged the loss of your withdrawal rights.
7.2. Neither this nor any other part of this User Agreement affects your
statutory rights.
**Our Voluntary Returns Guarantee**
7.3. We understand that sometimes a purchase doesn't turn out how you expected
and we want to be fair to GOG users. So here's our deal with you:
* a) **Preorders Refund:** if you preorder and pay for a GOG game, you can cancel the preorder and get a full refund as long as we receive a valid request before the game's full release date on GOG.com.
* b) **Early Exchange:** you can exchange validly purchased GOG content for a replacement GOG game or video of equal or lower value if your request is made within 30 days of the original purchase, provided the original GOG content has not been downloaded, used or streamed. (For GOG content purchased during discount periods, the discounted price applies.) You can exchange specific GOG content once only. You can’t exchange GOG content you received as an exchange for other GOG content.
* c) **Money back guarantee:** if you buy any GOG content and have significant technical issues with it (e.g. there is a major show stopper bug in a game that prevents you from finishing it), we will give you a full refund if all the following requirements are met:
* (i) You must have genuine significant technical issues with the GOG content.
* (ii) You need to contact GOG Customer Support to request the refund within 30 days of the original purchase (if you received it from a GOG-authorised exchange for another product, then the 30 day period starts running from the date of exchange).
* (iii) GOG Customer Support must have a reasonable time period in which to try to resolve the issue before they process the refund to you.
* d) **Withdrawal Right:** we give you the right to withdraw from a purchase of GOG content without charge and for any reason within 30 days after you bought that GOG content, IF it has not been downloaded, streamed, activated or used in any way before then. If any of those things happen then your withdrawal right is lost.
* 7.4 **Final sale:** a sale is considered final either 30 days after purchase or when you try to download the GOG content or any additional/bonus content. Once either of those happens, you no longer will have any return, exchange or refund options unless you have technical issues covered by paragraph (c) above. Virtual items/currency and GOG Wallet funds are not covered by this section 7 and we cannot therefore offer refund, early exchange, money back guarantee or withdrawal rights regarding them.
**Games in Development**
7.5 GOG is releasing games that are still in development (such games are
referred to herein as ‘games in development’). This gives you the opportunity
to try out new and carefully selected games while they are still unfinished.
For more information, see the [games in development
FAQ](https://support.gog.com/hc/sections/115000157529-FAQ-Games-in-
development).
7.6 Just to be clear, these really are games in development: there may well be
incomplete features or gameplay bugs, errors and other problems. These games
might also never be finished. Ultimately, you have to accept them ‘as is’
without any liability or additional promises from us or the developer. They
are classed as ‘betas’ under this User Agreement (see section 5 above).
7.7 To help out, we have a special return/refund policy for you: we will
refund any game in development that you want to return, for any reason, within
14 days of its respective purchase. A few additional points: (a) You will be
refunded the original purchase price at the time of your purchase. (b) If you
have gifted the game to someone else, you will still be able to obtain a
refund BUT the gifted game copy will be disabled. (c) This refund program will
be subject to a fair use policy: as long as you use it reasonably, you should
be fine. However, if we believe that you are acting unreasonably or are
abusing the program, then we reserve the right to refuse to grant you further
refunds. (d) This refund replaces all other refund rights which you might
otherwise have (e.g. our ‘30 day money back guarantee’), excluding any legally
required remedies. (e) A game that comes out of development within 14 days of
your purchase shall become subject to our regular ’30 day money back
guarantee’, counting from the date of purchase.
### 8\. VIRTUAL ITEMS AND VIRTUAL CURRENCY
8.1 With certain GOG content you may be able to purchase or acquire virtual
items and/or virtual currency (we’ll call them "Virtual Goods" for short).
Virtual Goods are subject to this Agreement and in particular the following
default rules, unless there are specific rules for that GOG content (which
will prevail over these rules).
8.2 Virtual Goods are digital items only with no cash-value or real world
existence and cannot be ‘bought’, ‘sold’, gifted, transferred or redeemed,
whether or not for other Virtual Goods, ‘real world’ money, goods, services or
items of monetary value. Trading Virtual Goods is prohibited (unless you are
specifically permitted to do so). Your right to use any Virtual Goods is
limited to a limited, nonexclusive, non-assignable, non-transferable, non-
sublicensable, revocable licence to use them solely for your personal
entertainment and non-commercial use in the applicable GOG content. You have
no property interest or right or title in any Virtual Goods, which remains the
appropriate publisher’s property. Virtual Goods may be changed, amended or
reversed if necessary, including to enforce this Agreement. If necessary,
limits may be placed on the use of Virtual Goods (including transaction limits
and balance amounts).
8.3 The existence of a particular offer for Virtual Goods is not a commitment
by us to maintain or continue to make the Virtual Goods or that offer
available in the future. The scope, variety and type of Virtual Goods that you
may obtain can change and we have the right to manage, modify and remove
Virtual Goods if we consider necessary for the ongoing operation of GOG.com or
GOG content or for other legitimate reasons, in which case we will have no
liability to you or anyone for the exercise of such rights. We will make
reasonable efforts to notify you of any such change and to explain the reason
for such change.
### 9\. PATCHES, UPDATES AND CHANGES
9.1 Occasionally we may need to patch or update GOG services or GOG content
(for example to add or remove features or to resolve software bugs). We need
these rights in order to keep GOG.com running efficiently. Our Partners may
use GOG services to roll out patches or updates for applicable GOG content.
### 10\. OWNERSHIP OF GOG.COM AND INTELLECTUAL PROPERTY RIGHTS
10.1 GOG services including (but not limited to) their graphics, computer
code, user interface, look and feel, audio, video, text, layout, databases,
data and all other content, and all legal and exploitation rights regarding
them are either owned by us or we license them from third parties. GOG content
is owned by its developers/publishers and licensed by us. All rights are
reserved except as we have explained in this Agreement. You may not use or
exploit any part of the GOG services or GOG content except as explained in
this Agreement.
10.2. GOG respects the intellectual property rights of others. Please read
more at [here](https://support.gog.com/hc/en-us/sections/115000136785).
### 11\. RULES FOR USING GOG SERVICES
11.1 Please follow these rules regarding the GOG services and GOG content.
Please read these rules carefully since failure to follow them (particularly
those in relation to cheating) will be considered a material breach of this
Agreement, which could lead to suspension or cancellation of your access to
GOG Services. Here are the rules:
* (a) Only use GOG services or GOG content for your personal enjoyment (for example, don't use them to make money or for political purposes).
* (b) Regarding GOG content, what you can do practically (which includes to modify, merge, distribute, translate, reverse engineer, decompile, disassemble, or create derivative works of it) depends on what the GOG content rights holder allows you to do (GOG can’t grant such rights), so please check this with the rights holder directly (the first thing you should do though is to check if they have a EULA and if so what it says). We also ask that you make only genuine attempts to improve the GOG content.
* (c) Regarding GOG services (which includes GOG software), unless you have prior GOG permission please don’t modify, merge, distribute, translate, reverse engineer, decompile, disassemble, or create derivative works of them – unless you’re allowed in this Agreement or by the law in your country. We’d like to emphasise that you are free to contact us for permission to do these things and we will review and respond to those requests in good faith. More generally, at some point in the future we want to open client protocols to make it easier for users to work with GOG data/software without any need for reverse engineering or similar techniques.
* (d) Don't hack, harm, grief, interrupt or misuse GOG services or GOG content, GOG Users or GOG personnel or use them for any similar purpose.
* (e) Do not create, use, make available and/or distribute cheats, exploits, automation software, robots, bots, mods, hacks, spiders, spyware, cheats, scripts, trainers, extraction tools or other software that interact with or affect GOG services in any way (including, without limitation, any unauthorised third party programs that intercept, emulate, or redirect any communication between GOG or its partners and GOG services and/or any unauthorised third party programs that collect information about GOG Services).
* (f) Don't interfere with the GOG or third party network software or other software including via tunnelling, code injection, modifying or changing GOG software, using any other similar software together with GOG services or GOG content, through protocol emulation, or through creation or use of private servers regarding GOG services or GOG content. Do not access or attempt to access areas of GOG.com or GOG servers that have not been made available to the public.
* (g) Don't do or say anything which is or may be considered racist, xenophobic, sexist, defamatory or otherwise offensive or illegal. Be nice to each other please!
* (h) Don’t share, ‘buy’, ‘sell’, transfer, gift, lend, steal or misappropriate GOG accounts. GOG keys/codes can only be gifted or transferred or used in the ways permitted by GOG.com. If you have any questions or problems, contact customer support.
* (i) We ask you to follow any applicable geographic or regional, language or location-based restrictions, requirements or rules regarding GOG.
* (j) We ask you not to do anything in connection with GOG that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others, such as images, photographs, sound files, text files, graphics files, and any other material or information.
### 12\. USER GENERATED CONTENT
12.1 This section is about content (e.g. text, photos or links) which you make
available either to us or to other GOG users via GOG services (for example
through your profile picture or through messages to other GOG users). We'll
call this "User Generated Content".
12.2 As far as we and you are concerned, you own any User Generated Content
but we need you to give us some limited rights over it so that we can actually
transmit it through GOG services. So, we ask you to give us a non-exclusive,
irrevocable licence to use, modify, reproduce, create derivative works from,
distribute, transmit, communicate and publicly display/perform your User
Generated Content in connection with GOG services.
12.3 It is your responsibility to make sure that you have all necessary legal
rights before you use User Generated Content and for checking they are safe to
use – we can't know that ourselves, and we can't check it for you, so we have
to rely on you.
12.4. However, we have the right (but not the obligation) to review and if
appropriate or legally necessary to remove any User Generated Content which is
unlawful, tortious, defamatory, obscene, invasive of the privacy of another
person, threatening, harassing, abusive, hateful, racist or pornographic. If
you find that any such content has been posted on GOG services, please let us
know by contacting us at [legal@gog.com](mailto:legal@gog.com).
### 13\. FEEDBACK OR SUGGESTIONS
13.1 You’re welcome to give us feedback and suggestions to improve GOG
services and we really value them all. However, just so we’re clear, we don’t
have to use or accept them and we won’t owe you anything (financially or
otherwise) regarding them.
### 14\. USING GOG CONTENT IN FAN WORK
14.1 For fan work (e.g. works like fan mods, machinima, parodies, homages,
'Let's Play' or other videos or artwork), you need to check with the content
owner (e.g. the developer or publisher) if they are OK with it and if so you
should get permission from them. The reason is simple – the GOG content is the
property of the respective owner, not GOG’s.
### 15\. THIRD PARTY CONTENT AND EXTERNAL SERVICES
15.1 You might get links to third party websites or content through GOG
services. Using them is up to you – we can't promise they will work, what
they'll be like or if they're free.
15.2 You can also use your GOG account to get easy access to some external,
GOG approved partner services, e.g. The Witcher games and sites from our
related company CD PROJEKT. They will have their own terms and conditions
which you will need to agree and follow. Just to be clear: using these
services is all optional and up to you. You have the power!
15.3 A quick word about GOG Connect (which you can read more about
[here](https://www.gog.com/connect))This (optional) feature is provided
subject to Valve’s [Steam Web API Terms of
Use](https://steamcommunity.com/dev/apiterms) and therefore access to this
feature and how it works may change if necessary to reflect those Terms of
Use. Please also see section 9.3 of our Privacy Policy, which explains how we
use ‘Steam Data’ and contains important liability provisions regarding it.
Please also see our GOG Connect FAQs which contain further information about
GOG Connect and how to use it.
### 16\. WARRANTIES AND LIMITATION OF LIABILITY REGARDING GOG SERVICES
16.1 We warrant that: (i) we have the right to enter this Agreement and to
grant you the licence to use GOG services in section 2.1; and (ii) we will
take reasonable care with the GOG services and your use of them; and (iii) we
will use reasonable endeavours to comply with applicable laws in performing
our obligations to you under this Agreement.
16.2. Your representations and warranties. You represent and warrant that you
have the full power and ability to enter into this Agreement and will follow
fully its terms. You also represent and warrant that any User Generated
Content, which you transmit via GOG services does not infringe upon the
intellectual property rights of any third party. You further represent and
warrant that you will not use or contribute User Generated Content that is
unlawful, tortious, defamatory, obscene, invasive of the privacy of another
person, threatening, harassing, abusive, hateful, racist or pornographic.
16.3. We work hard to try to make GOG content work on your systems but we only
have limited time to carry out tests and we don't always get everything right.
Therefore, we can't accept any liability or responsibility for GOG content. We
are also not responsible for anything that happens to GOG.com or GOG services
which is outside of our control. However, don't forget you may be entitled to
GOG content return and refund if it has technical issues see section 7.3 (c).
### 17\. TERMINATION
17.1 Your right to terminate the Agreement. You may terminate this Agreement
at any time and without giving any reason by completely ceasing to use GOG
Services. If you would like us to delete your account please contact our
Support Team [here](https://support.gog.com/hc/requests/new?category=info).
Termination will not affect already existing rights or obligations of us or
you.
17.2. Our right to terminate the Agreement. If you materially breach this
Agreement, we reserve the right to suspend or cancel your access to GOG
services and GOG content. By material breach of the Agreement we mean a
serious breach which could cause significant harm to GOG, GOG users, as well
as, in particular breach of the provisions of section 11 above. If we suspend
or cancel your access to GOG services or GOG conent we'll take reasonable
steps to contact you to explain why we've done this and what (if anything) you
can do as a result.
17.3 It seems very unlikely, but if we have to stop providing access to GOG
services and GOG content permanently (not because of any breach by you), we
will try to give you at least sixty (60) days advance notice by posting a note
on www.gog.com and sending an email to every registered users – during that
time you should be able to download any GOG content you purchased.
### 18\. FORCE MAJEURE
18.1 Neither you nor us will be liable for any failure to perform any
obligation under this Agreement or to provide access to GOG services and GOG
content if that failure is caused by the happening of any unforeseen event
beyond your or our reasonable control including without limitation, Internet
outages, communications outages, fire, flood, war or act of God.
### 19\. GOVERNING LAW
**For users resident in the European Union and elsewhere in the world (but not
the USA):**
19.1 You and we agree that your use of GOG services and GOG content and this
Agreement will be governed by and interpreted according to the laws of the
Republic of Poland and that any dispute regarding this Agreement will be heard
non-exclusively by the courts of the Republic of Poland. In any legal claim
under this Agreement, the side which wins will be entitled to its legal fees
and expenses
19.2. The above choice of governing law and jurisdiction is subject to any
mandatorily applicable principles of consumer protection or other law in your
jurisdiction of residence which would not otherwise be available.
**For users in the USA only:**
19.3 You and we agree that your use of GOG services and GOG content, and this
Agreement, will be deemed to be entered into in Los Angeles, California and
governed by and interpreted according to the laws of the State of California,
USA (and, if applicable, US Federal law). Any legal claim by you against
GOG.com will be made exclusively in any state or federal court located in Los
Angeles, California, which will have subject matter jurisdiction regarding the
dispute between you and us and therefore we both consent to the exclusive
jurisdiction of those courts. In any legal claim under this Agreement, the
side which wins will be entitled to its legal fees and expenses.
### 20\. CUSTOMER SUPPORT AND DISPUTE RESOLUTION
20.1 If you have concerns, claims or issues with us, we hope we can resolve
them quickly and amicably at
[here](https://support.gog.com/hc/requests/new?category=info). We will make
reasonable and good faith efforts to resolve any dispute between us
informally. We undertake to answer to any claim within 14 days.
20.2 If it is not resolved during this time, the next steps depend on where
you live. If you live within the EU you may submit your legal claims to the
online dispute resolution platform operated and provided by the European
Commission which can be accessed via http://ec.europa.eu/consumers/odr/ in
order to reach an out of court settlement or initiate a lawsuit
20.3. If you live in the USA or the rest of the world (but not the EU) then
please contact us at [legal@gog.com](mailto:legal@gog.com).
### 21\. OTHER LEGAL STUFF
21.1 If any part of this Agreement is found not to be legally enforceable,
this will not affect any other part of it.
21.2 This Agreement and the GOG Privacy Policy constitute the entire agreement
between you and us and supersede any earlier oral or written agreements. If
you disagree with this, please contact us as soon as possible after you start
using GOG services at [legal@gog.com](mailto:legal@gog.com) since otherwise
this will be binding on you after a reasonable time period (usually 30 days).
21.3 This Agreement governs our relationship with you (and vice versa). It
does not create any rights for anyone else.
21.4 Please remember we are subject to various laws and we may be required to
comply with law enforcement or other legal requirements.
21.5 If there is a reorganisation, sale or merger of GOG.com then we may need
to work with relevant third parties to transfer or merge your GOG account.
21.6 You and we agree that the UN Convention on Contracts for the
International Sale of Goods does not apply this Agreement.
21.7 We can assign, subcontract or transfer this Agreement to a third party or
another member of our group if necessary for the support of GOG, as part of
any reorganisation or merger or for other business reasons. We will notify you
if this happens.
### 22\. CHANGES TO THIS AGREEMENT
22.1 We may change this Agreement if it's necessary e.g. for legal reasons or
to reflect changes in GOG services or GOG content. If so, we will make the
changed Agreement available online at
[here](https://support.gog.com/hc/articles/212632089-User-Agreement) and (if
you have a GOG account) email you to let you know about the changes
22.2 Any changes to the Agreement will come into force within 30 days of their
announcement online. In the meantime, you're welcome to contact us at
[legal@gog.com](mailto:legal@gog.com) if you have specific questions about the
changes.
22.3 If you don't agree to those changes (regardless of whether you email us),
then unfortunately we must ask you to cease using GOG services and GOG
content. We're sorry we have to say that, but we hope you'll appreciate that
for GOG.com to work properly we need to have everyone using it under the same
rules instead of different people having different rules. That's why we
encourage you to get in contact if you have queries or concerns.
22.4 Just so you know, we'll never just make a bunch of changes to this
Agreement, not tell you what they are and force you to agree to changes you
don't understand before you can use GOG.com!
### 23\. OUR CONTACT DATA
23.1. If you have any complaint concerning your purchase, or simply you would
like to contact us, here are our contact details:
Name: GOG sp. z o.o.
Registered Office: Ul. Jagiellonska 74, 03-301 Warsaw, Poland
Registered at the District Court for Warsaw, 13th Commercial Division of the
National Court Register
Registration Number 0000029514
Tax number VAT ID (NIP) PL 113-21-77-807
Share capital: PLN 135.750,00 PLN
E-mail: https://support.gog.com/hc/requests/new?category=info or
support@gog.com

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GNU General Public License, version 3 or any later version.
See GPL-3 for the full text of this license.
As a special exception to the GNU General Public License, if you
distribute this file as part of a program that contains a
configuration script generated by Autoconf, you may include it under
the same distribution terms that you use for the rest of that
program. This Exception is an additional permission under section 7
of the GNU General Public License, version 3 ("GPLv3").

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GNU General Public License, version 3 or any later version.
See GPL-3 for the full text of this license.
Additional permission under GNU GPL version 3 section 7
If you modify this Program, or any covered work, by linking or
combining it with NVIDIA Corporation's CUDA libraries from the
NVIDIA CUDA Toolkit (or a modified version of those libraries),
containing parts covered by the terms of NVIDIA CUDA Toolkit
EULA, the licensors of this Program grant you additional
permission to convey the resulting work.

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GNU General Public License, version 3 or any later version.
See GPL-3 for the full text of this license.
Additional permission under GNU GPL version 3 section 7
If you modify this Program, or any covered work, by linking or
combining it with the OpenSSL project's "OpenSSL" library (or a
modified version of that library), containing parts covered by
the terms of OpenSSL/SSLeay license, the licensors of this
Program grant you additional permission to convey the resulting
work. Corresponding Source for a non-source form of such a
combination shall include the source code for the parts of the
OpenSSL library used as well as that of the covered work.
If you modify this Program, or any covered work, by linking or
combining it with NVIDIA Corporation's CUDA libraries from the
NVIDIA CUDA Toolkit (or a modified version of those libraries),
containing parts covered by the terms of NVIDIA CUDA Toolkit
EULA, the licensors of this Program grant you additional
permission to convey the resulting work.

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GNU General Public License, version 3 or any later version.
See GPL-3 for the full text of this license.
Additional permission under GNU GPL version 3 section 7
If you modify this Program, or any covered work, by linking or
combining it with any library or libraries implementing the
Khronos Group OpenCL Standard v1.0 or later (or modified
versions of those libraries), containing parts covered by the
terms of the licenses of their respective copyright owners,
the licensors of this Program grant you additional permission
to convey the resulting work.

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GNU General Public License, version 3 or any later version.
See GPL-3 for the full text of this license.
Additional permission under GNU GPL version 3 section 7
If you modify this Program, or any covered work, by linking or
combining it with the OpenSSL project's "OpenSSL" library (or a
modified version of that library), containing parts covered by
the terms of OpenSSL/SSLeay license, the licensors of this
Program grant you additional permission to convey the resulting
work. Corresponding Source for a non-source form of such a
combination shall include the source code for the parts of the
OpenSSL library used as well as that of the covered work.
If you modify this Program, or any covered work, by linking or
combining it with any library or libraries implementing the
Khronos Group OpenCL Standard v1.0 or later (or modified
versions of those libraries), containing parts covered by the
terms of the licenses of their respective copyright owners,
the licensors of this Program grant you additional permission
to convey the resulting work.

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TERMS OF USE
Effective August 1, 2012
PLEASE READ THESE TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING
THE SERVICES OFFERED BY FILEFRONT, LLC (THE "COMPANY"). THE
WWW.GAMEFRONT.COM WEBSITE AND DOMAIN NAME, AND ANY OTHER FEATURES,
CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY THE COMPANY IN
CONNECTION THEREWITH (COLLECTIVELY "WEBSITE") ARE OWNED AND OPERATED
BY THE COMPANY. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS
AND CONDITIONS FOR YOUR USE OF THE WEBSITE. BY USING THE WEBSITE IN
ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE
WEBSITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND THE COMPANY'S
PRIVACY POLICY POSTED ON THE WEBSITE, WHICH IS INCORPORATED HEREIN BY
THIS REFERENCE. THIS AGREEMENT APPLIES TO ALL USERS OF THE WEBSITE,
INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF VIDEO CONTENT,
INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE WEBSITE.
You may at any time request a copy of this Agreement by emailing us
at: [1]customersupport@gamefront.com, Subject: Terms of Use.
1. MODIFICATIONS TO THIS AGREEMENT
COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS
AGREEMENT AT ANY TIME BY POSTING A NOTICE ON THE WEBSITE, OR BY
SENDING YOU A NOTICE VIA EMAIL OR POSTAL MAIL. YOU SHALL BE
RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY SUCH
MODIFICATIONS. SUCH MODIFICATIONS ARE EFFECTIVE UPON FIRST POSTING OR
NOTIFICATION, AND USE OF THE WEBSITE OR ANY SERVICES BY YOU FOLLOWING
SUCH POSTING OR NOTIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS
AND CONDITIONS OF THIS AGREEMENT AS MODIFIED. YOU AGREE TO REVIEW THIS
AGREEMENT REGULARLY TO ENSURE THAT YOU ARE UPDATED AS TO ANY CHANGES.
THIS AGREEMENT, TOGETHER WITH THE COMPANY PRIVACY POLICY AND ANY OTHER
LEGAL NOTICES PUBLISHED BY COMPANY ON THE WEBSITE, SHALL CONSTITUTE
THE ENTIRE AGREEMENT BETWEEN YOU AND COMPANY CONCERNING THE WEBSITE.
2. WEBSITE ACCESS
2.1 Subject to your compliance on a continuing basis with all of the
terms and conditions of this Agreement, Company hereby grants you
permission to use the Website only as set forth in this Agreement, and
provided that: (i) your use of the Website as permitted is solely for
your personal, noncommercial use; (ii) you will not copy or distribute
any part of the Website in any medium without Company's prior written
authorization; (iii) you will not alter or modify any part of the
Website other than as expressly authorized and then only for such
express purpose; (iv) you may not circumvent, disable, violate or
attempt to violate, or otherwise interfere with the security or
integrity of the Website, the proper operation of the Website, the
features that prevent or restrict use or copying of any Content (as
the term is defined below) or enforce limitations on use of the
Website or the Content therein, or interfere with any activity being
conducted on the Website; (v) you may not decipher, decompile,
disassemble or reverse engineer any of the software comprising or in
any way making up part of the Website; and (vii) you may not link to
the Website without Company's prior written consent.
2.2 In order to access some features of the Website, you will have to
create a membership account. You may never use another's account,
username or password without permission. When creating your account,
you must provide accurate and complete information. You are solely
responsible for the activity that occurs on your account, and you must
keep your account password secure. You must notify Company immediately
of any breach of security or unauthorized use of your account. You may
be required to expressly accept or reject these Terms of Use when you
register; you agree that any requirement that you do so does not in
any way vitiate your assent to comply with the Terms of Use. Although
Company will not be liable for your losses caused by any unauthorized
use of your account, you may be liable for the losses of Company or
others due to such unauthorized use.
2.3 You agree not to use or launch any automated system, including
without limitation, "robots," "spiders," "offline readers," etc., that
accesses the Website in a manner that sends more request messages to
the Company servers in a given period of time than a single human can
reasonably produce in the same period by using a conventional web
browser. You agree not to collect or harvest any personally
identifiable information, including account names, from the Website,
nor to use the communication systems provided by the Website for any
commercial solicitation purposes. You agree not to solicit, for
commercial purposes, any users of the Website with respect to their
"User Submissions," as that term is defined below. You agree that your
User Submissions both will not involve the transmission of "junk
mail," "chain letters," "spamming," or other unsolicited mass
mailings, and will not contain restricted or password only access
pages or hidden pages or images. Company reserves the right in its
sole discretion to block access or discontinue services to offenders,
and to investigate and take appropriate legal action against anyone
who, in Company's sole discretion, violates this provision, including
without limitation, reporting you to law enforcement authorities.
3. INTELLECTUAL PROPERTY RIGHTS
The content on the Website, except any and all User Submissions,
including without limitation, the text, software, scripts, graphics,
files, images, photos, sounds, music, videos, interactive features and
the like (collectively "Content") and the trademarks, service marks
and logos contained therein ("Marks"), are owned by or licensed to
Company, subject to copyright and other intellectual property rights
under United States and foreign laws and international conventions.
Company reserves all rights not expressly granted in and to the
Website and the Content. For clarity, as between the parties, you own
the User Submissions that you create. You agree to not use, copy,
reproduce, modify, translate, publish, broadcast, transmit,
distribute, perform, upload, display, license, sell or otherwise
exploit for any other purposes whatsoever any Content, including, but
not limited to, image, audio, and visual content, Marks, third party
User Submissions, or other proprietary rights not owned by you, (i)
without the express prior written consent of the respective owners,
and (ii) in any way that violates any right of any third party. If you
download or print a copy of the Content for personal use, you must
retain all copyright and other proprietary notices contained therein.
4. TERM
This Agreement shall remain in full force and effect while you use the
Website. Company may terminate your access to the Website or your
membership at any time, for any reason, and without warning.
5. USER SUBMISSIONS
5.1 The Website may now, or in the future, permit the submission of
recordings, videos or other communications submitted by you and other
users ("User Submissions") and the hosting, sharing, and/or publishing
of such User Submissions. You understand that whether or not such User
Submissions are published, Company does not guarantee any
confidentiality with respect to any such submissions.
5.2 You shall be solely responsible for your own User Submissions and
the consequences of posting or publishing them. You agree that Company
has no liability with respect to any User Submissions, including,
without limitation, your own submissions, and you hereby irrevocably
release Company and its officers and directors, employees, agents,
representatives and affiliates, from any and all liability arising out
of or relating to User Submissions or any part thereof. In connection
with your User Submissions, you affirm, represent, and warrant that
you can and will demonstrate to Company's full satisfaction upon its
request that: (i) you own or have the necessary licenses, rights,
consents, and permissions to use and authorize Company to use each and
every image and sound contained in each such User Submission and to
enable inclusion and use of such User Submissions in the manner
contemplated by the Website and this Agreement; (ii) specifically, you
have the written consent, release, and/or permission of each and every
identifiable individual person in the User Submission to use the name
or likeness of each and every such identifiable individual person to
enable inclusion and use of the User Submissions in the manner
contemplated by the Website and this Agreement; and (iii)
specifically, the posting of your User Submission on or through the
Website does not violate the privacy rights, publicity rights,
copyrights, contract rights, or any other rights of any person or
entity. You agree to pay all royalties, fees, and other monies owing
any person or entity by reason of any content posted by you to or
through the Website. By submitting your User Submissions to the
Website, you hereby give Company all rights and licenses necessary to
use and otherwise exploit the User Submissions for any purpose in
connection with the Website and Company's other related services.
These rights are nonexclusive and irrevocable, but you remain the
owner of the User Submissions that you create. You also hereby do and
shall grant each user of the Website a non-exclusive license to access
your User Submissions through the Website, and to use, modify,
reproduce, distribute, prepare derivative works of, display and
perform such User Submissions as permitted through the functionality
of the Website and under this Agreement.
5.3 In connection with User Submissions, you further agree that you
will not: (i) publish falsehoods or misrepresentations that could
damage Company or any third party; (ii) submit material that is
unlawful, obscene, lewd, defamatory, libelous, threatening,
pornographic, harassing, hateful, racially or ethnically offensive,
excessively violent, or encourages conduct that would be considered a
criminal offense, give rise to civil liability, violate any law, or is
otherwise inappropriate or objectionable; (iii) post advertisements or
solicitations of business; or (iv) impersonate another person. Company
does not endorse any User Submission or any opinion, recommendation,
or advice expressed therein, and Company expressly disclaims any and
all responsibility or liability in connection with User Submissions.
5.4 Company reserves the right to decide whether Content or a User
Submission is inappropriate, or violates this Agreement, including
without limitation, due to copyright infringement, violations of
intellectual property law, pornography, obscene or defamatory
material, or excessive length. Company also reserves the right, in its
sole discretion, to reject, refuse to post or remove any posting
(including private messages and User Submissions) by you, or to
restrict, suspend or terminate your access to all or any part of the
Website at any time, for any reason, without prior notice.
Notwithstanding the foregoing, Company assumes no responsibility for
monitoring the Website, Content, or User Submissions for inappropriate
conduct, or modifying or removing such conduct, Content or User
Submissions from the Website. Without limiting the generality of the
foregoing, it is Company's policy to delete User Submissions uploaded
anonymously after seven (7) days of inactivity, and User Submissions
uploaded through a registered account after sixty (60) days of
inactivity.
5.5 In particular, if you are a copyright owner or an agent thereof
and believe that any User Submission or other content infringes upon
your copyrights, you may submit a notification pursuant to the Digital
Millennium Copyright Act ("DMCA") by providing our Copyright Agent
with the following information in writing (see 17 U.S.C 512(c)(3) for
further detail):
(a) A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed;
(b) A description of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such
works at that site;
(c) Identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed or
access to which is to be disabled and information reasonably
sufficient to permit the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider
to contact you, such as an address, telephone number, and, if
available, an electronic mail address;
(e) A statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate,
and under penalty of perjury, that you are authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
To submit a notice of claimed infringement, please fill out a ticket
[2]here. You acknowledge that if you fail to comply with all of the
requirements of this Section, your DMCA notice may not be valid.
You hereby agree that you shall not assert any claim against the
Company or its officers or directors with respect to such content
unless and until: (1) you have fully completed the process set forth
above; and (2) the Company has failed to remove the offending content
within thirty (30) days after such notification without a reasonable
explanation for its failure to do so.
It is Company's policy to (1) block access to or remove Content that
it believes in good faith to be copyrighted material that has been
illegally copied, displayed or distributed by any of our advertisers,
affiliates, content providers, members or users; and (2) remove and
discontinue services to repeat offenders.
5.6 Company reserves the right to discontinue any aspect of the
Website at any time.
6. THIRD PARTY WEBSITES
The Website may contain links to third party websites that are not
owned or controlled by Company. When you access third party websites,
you do so at your own risk. Company encourages you to be aware when
you leave the Website and to read the terms and conditions and privacy
policy of each third party website that you visit. Company has no
control over, and assumes no responsibility for, the content,
accuracy, privacy policies, or practices of, or opinions expressed in
any third party websites. In addition, Company will not and cannot
monitor, verify, censor or edit the content of any third party site.
By using the Website, you expressly relieve Company from any and all
liability arising from your use of any third party website.
7. WARRANTY DISCLAIMER
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS SUPPLIERS AND
EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
WEBSITE AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION,
NEITHER COMPANY NOR ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, MAKES ANY WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S
CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY;
AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED
IN ANY ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THE WEBSITE IS
CONTROLLED AND OFFERED BY COMPANY FROM ITS FACILITIES IN THE UNITED
STATES OF AMERICA. COMPANY MAKES NO REPRESENTATIONS THAT THE WEBSITE
IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO
ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS ARE RESPONSIBLE FOR
COMPLIANCE WITH LOCAL LAW.
8. INDEMNITY
You agree to defend, indemnify and hold harmless Company, its parent
corporation, officers, directors, employees and agents, from and
against any and all claims, damages, obligations, losses, liabilities,
costs or debt, demands, and expenses (including but not limited to
attorneys' fees) arising from: (i) your use of and access to the
Website or any Content that you post thereon; (ii) your violation of
any term of this Agreement or your representations and warranties set
forth above; (iii) your violation of any third party right, including
without limitation any copyright, property, or privacy right; or (iv)
any claim that one of your User Submissions caused damage to a third
party.
9. ELIGIBILITY
By using the Website, you represent and warrant that (i) all
registration information you submit is accurate and truthful; (ii) you
will maintain the accuracy of such information; (iii) you are 18 years
of age or older (if you are agreeing to these terms and conditions on
behalf of a minor, you certify to Company that you are such minor's
legal guardian); and (iv) your use of the Website does not violate any
applicable law or regulation. Your profile may be deleted and your
membership may be terminated without warning, if Company believes that
you are under 16 years of age.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SUBJECT TO THE FOREGOING, COMPANY'S LIABILITY TO YOU FOR ANY REASON,
WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE
COMPANY SERVICES IN CONNECTION WITH THE WEBSITE.
YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER
SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING
RESTS SOLELY AND ENTIRELY WITH YOU.
11. ASSIGNMENT
You may not transfer or assign this Agreement or any rights and
licenses granted hereunder without the Company's prior written
consent. The Company may freely transfer, assign, or delegate this
Agreement, and any of its rights or obligations hereunder.
12. MISCELLANEOUS
If there is any dispute about or involving the Website, you agree that
the dispute shall be governed by the laws of the State of California,
without regard to conflict of laws provisions. Any dispute arising
from or relating to the subject matter of this Agreement shall be
finally settled by arbitration in Los Angeles, California, using the
English language in accordance with the Arbitration Rules and
Procedures of Judicial Arbitration and Mediation Services, Inc.
("JAMS") then in effect, by one commercial arbitrator(s) with
substantial experience in resolving intellectual property and
commercial contract disputes, who shall be selected from the
appropriate list of JAMS arbitrators in accordance with the
Arbitration Rules and Procedures of JAMS. Any arbitrator so selected
shall have substantial experience in the media industry. The
arbitrator shall have the authority to grant specific performance and
to allocate between the parties the costs of arbitration (including
service fees, arbitrator fees and all other fees related to the
arbitration) in such equitable manner as the arbitrator may determine.
The prevailing party in the arbitration shall be entitled to receive
reimbursement of its reasonable expenses (including reasonable
attorneys' fees, expert witness fees and all other expenses) incurred
in connection therewith. Judgment upon the award so rendered may be
entered in a court having jurisdiction or application may be made to
such court for judicial acceptance of any award and an order of
enforcement, as the case may be. Notwithstanding the foregoing, each
party shall have the right to institute an action in a court of proper
jurisdiction for preliminary injunctive relief pending a final
decision by the arbitrator. For all purposes of this Agreement, the
parties consent to exclusive jurisdiction and venue in the United
States Federal Courts located in Los Angeles, California. If any
provision of this Agreement is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of this Agreement, which shall
remain in full force and effect. No waiver of any term of this
Agreement shall be deemed a further or continuing waiver of such term
or any other term, and Company's failure to assert any right or
provision under this Agreement shall not constitute a waiver of such
right or provision. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
1. mailto:customersupport@gamefront.com
2. https://breakmedia.zendesk.com/anonymous_requests/new

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Before downloading the Software or Document provided on this Web page, you
should read the following terms (Terms of Use). By downloading the Software
and Document, you are deemed to agree to these terms.
1.The Government of the Hong Kong Special Administrative Region (HKSARG) has
the right to amend or vary the terms under this Terms of Use from time to time
at its sole discretion.
2.By using the Software and Document, you irrevocably agree that the HKSARG
may from time to time vary this Terms of Use without further notice to you and
you also irrevocably agree to be bound by the most updated version of the
Terms of Use.
3.You have the sole responsibility of obtaining the most updated version of
the Terms of Use which is available in the "Digital 21" Web site
(http://www.ogcio.gov.hk/en/business/tech_promotion/ccli/terms/terms.htm).
4.By accepting this Terms of Use, HKSARG shall grant you a non-exclusive
license to use the Software and Document for any purpose, subject to clause 5
below.
5.You are not allowed to make copies of the Software and Document except it
is incidental to and necessary for the normal use of the Software. You are not
allowed to adapt or modify the Software and Document or to distribute, sell,
rent, or make available to the public the Software and Document, including
copies or an adaptation of them.
6.The Software and Document are protected by copyright. The licensors of the
Government of Hong Kong Special Administrative Region are the owners of all
copyright works in the Software and Document. All rights reserved.
7.You understand and agree that use of the Software and Document are at your
sole risk, that any material and/or data downloaded or otherwise obtained in
relation to the Software and Document is at your discretion and risk and
that you will be solely responsible for any damage caused to your computer
system or loss of data or any other loss that results from the download and
use of the Software and Document in any manner whatsoever.
8.In relation to the Software and Document, HKSARG hereby disclaims all
warranties and conditions, including all implied warranties and conditions
of merchantability, fitness for a particular purpose and non-infringement.
9.HKSARG will not be liable for any direct, indirect, incidental, special or
consequential loss of any kind resulting from the use of or the inability
to use the Software and Document even if HKSARG has been advised of the
possibility of such loss.
10.You agree not to sue HKSARG and agree to indemnify, defend and hold
harmless HKSARG, its officers and employees from any and all third party
claims, liability, damages and/or costs (including, but not limited to,
legal fees) arising from your use of the Software and Document, your
violation of the Terms of Use or infringement of any intellectual property
or other right of any person or entity.
11.The Terms of Use will be governed by and construed in accordance with the
laws of Hong Kong.
12.Any waiver of any provision of the Terms of Use will be effective only if
in writing and signed by HKSARG or its representative.
13.If for any reason a court of competent jurisdiction finds any provision
or portion of the Terms of Use to be unenforceable, the remainder of the
Terms of Use will continue in full force and effect.
14.The Terms of Use constitute the entire agreement between the parties with
respect to the subject matter hereof and supersedes and replaces all prior
or contemporaneous understandings or agreements, written or oral, regarding
such subject matter.
15.In addition to the licence granted in Clause 4, HKSARG hereby grants you
a non-exclusive limited licence to reproduce and distribute the Software and
Document with the following conditions:
(i) not for financial gain unless it is incidental;
(ii) reproduction and distribution of the Software and Document in
complete and unmodified form; and
(iii) when you distribute the Software and Document, you agree to attach
the Terms of Use and a statement that the latest version of the Terms of Use
is available from the "Office of the Government Chief Information Officer" Web
site
(http://www.ogcio.gov.hk/en/business/tech_promotion/ccli/terms/terms.htm).

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Intel Simplified Software License (Version April 2018)
Copyright (c) 2018 Intel Corporation.
Use and Redistribution. You may use and redistribute the software (the
"Software"), without modification, provided the following conditions are met:
* Redistributions must reproduce the above copyright notice and the following
terms of use in the Software and in the documentation and/or other materials
provided with the distribution.
* Neither the name of Intel nor the names of its suppliers may be used to
endorse or promote products derived from this Software without specific prior
written permission.
* No reverse engineering, decompilation, or disassembly of this Software is
permitted.
Limited patent license. Intel grants you a world-wide, royalty-free,
non-exclusive license under patents it now or hereafter owns or controls to
make, have made, use, import, offer to sell and sell ("Utilize") this Software,
but solely to the extent that any such patent is necessary to Utilize the
Software alone. The patent license shall not apply to any combinations which
include this software. No hardware per se is licensed hereunder.
Third party and other Intel programs. "Third Party Programs" are the files
listed in the "third-party-programs.txt" text file that is included with the
Software and may include Intel programs under separate license terms. Third
Party Programs, even if included with the distribution of the Materials, are
governed by separate license terms and those license terms solely govern your
use of those programs.
DISCLAIMER. THIS SOFTWARE IS PROVIDED "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. THIS SOFTWARE IS NOT INTENDED FOR USE IN SYSTEMS OR APPLICATIONS
WHERE FAILURE OF THE SOFTWARE MAY CAUSE PERSONAL INJURY OR DEATH AND YOU AGREE
THAT YOU ARE FULLY RESPONSIBLE FOR ANY CLAIMS, COSTS, DAMAGES, EXPENSES, AND
ATTORNEYS' FEES ARISING OUT OF ANY SUCH USE, EVEN IF ANY CLAIM ALLEGES THAT
INTEL WAS NEGLIGENT REGARDING THE DESIGN OR MANUFACTURE OF THE MATERIALS.
LIMITATION OF LIABILITY. IN NO EVENT WILL INTEL 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. YOU AGREE TO INDEMNIFY AND HOLD INTEL
HARMLESS AGAINST ANY CLAIMS AND EXPENSES RESULTING FROM YOUR USE OR UNAUTHORIZED
USE OF THE SOFTWARE.
No support. Intel may make changes to the Software, at any time without notice,
and is not obligated to support, update or provide training for the Software.
Termination. Intel may terminate your right to use the Software in the event of
your breach of this Agreement and you fail to cure the breach within a
reasonable period of time.
Feedback. Should you provide Intel with comments, modifications, corrections,
enhancements or other input ("Feedback") related to the Software Intel will be
free to use, disclose, reproduce, license or otherwise distribute or exploit the
Feedback in its sole discretion without any obligations or restrictions of any
kind, including without limitation, intellectual property rights or licensing
obligations.
Compliance with laws. You agree to comply with all relevant laws and
regulations governing your use, transfer, import or export (or prohibition
thereof) of the Software.
Governing law. All disputes will be governed by the laws of the United States
of America and the State of Delaware without reference to conflict of law
principles and subject to the exclusive jurisdiction of the state or federal
courts sitting in the State of Delaware, and each party agrees that it submits
to the personal jurisdiction and venue of those courts and waives any
objections. The United Nations Convention on Contracts for the International
Sale of Goods (1980) is specifically excluded and will not apply to the
Software.
*Other names and brands may be claimed as the property of others.

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Copyright (c) 2002 JSON.org
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 shall be used for Good, not Evil.
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.

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JasPer License Version 2.0
Copyright (c) 2001-2006 Michael David Adams
Copyright (c) 1999-2000 Image Power, Inc.
Copyright (c) 1999-2000 The University of British Columbia
All rights reserved.
Permission is hereby granted, free of charge, to any person (the
"User") 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, 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:
1. The above copyright notices and this permission notice (which
includes the disclaimer below) shall be included in all copies or
substantial portions of the Software.
2. The name of a copyright holder shall not be used to endorse or
promote products derived from the Software without specific prior
written permission.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
LICENSE. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER
THIS DISCLAIMER. THE SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS
"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 OF THIRD PARTY RIGHTS. IN NO
EVENT SHALL THE COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, OR 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. NO ASSURANCES ARE
PROVIDED BY THE COPYRIGHT HOLDERS THAT THE SOFTWARE DOES NOT INFRINGE
THE PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER ENTITY.
EACH COPYRIGHT HOLDER DISCLAIMS ANY LIABILITY TO THE USER FOR CLAIMS
BROUGHT BY ANY OTHER ENTITY BASED ON INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS OR OTHERWISE. AS A CONDITION TO EXERCISING THE RIGHTS
GRANTED HEREUNDER, EACH USER HEREBY ASSUMES SOLE RESPONSIBILITY TO SECURE
ANY OTHER INTELLECTUAL PROPERTY RIGHTS NEEDED, IF ANY. THE SOFTWARE
IS NOT FAULT-TOLERANT AND IS NOT INTENDED FOR USE IN MISSION-CRITICAL
SYSTEMS, SUCH AS THOSE USED IN THE OPERATION OF NUCLEAR FACILITIES,
AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL
SYSTEMS, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH
THE FAILURE OF THE SOFTWARE OR SYSTEM COULD LEAD DIRECTLY TO DEATH,
PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH
RISK ACTIVITIES"). THE COPYRIGHT HOLDERS SPECIFICALLY DISCLAIM ANY
EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.

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TOOLBOX SUBSCRIPTION AGREEMENT FOR BUSINESSES AND ORGANIZATIONS
Version 3.1, effective as of January 9th, 2019
IMPORTANT! READ CAREFULLY:
THIS IS A LEGAL AGREEMENT. BY CLICKING ON THE “I AGREE” (OR SIMILAR) BUTTON THAT IS PRESENTED TO CUSTOMER AT THE TIME OF CUSTOMER’S PURCHASE, OR BY DOWNLOADING, INSTALLING, COPYING, SAVING ON CUSTOMER’S DEVICE, OR OTHERWISE USING JETBRAINS SOFTWARE, SUPPORT OR PRODUCTS CUSTOMER BECOMES A PARTY TO THIS AGREEMENT AND CUSTOMER CONSENTS TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH BELOW.
Note: In case the terms of this Agreement are in conflict with the terms of any agreement individually negotiated and agreed between JetBrains and Customer, the terms of the latter shall prevail.
1. PARTIES
1.1. “JetBrains” or “We” means JetBrains s.r.o., having its principal place of business at Na Hrebenech II 1718/10, Prague, 14000, Czech Republic, registered in the Commercial Register maintained by the Municipal Court of Prague, Section C, File 86211, ID. No.: 265 02 275.
1.2. “Customer” or “You” means the sole proprietor or legal entity specified in the Subscription Confirmation, or in the case of Redistributable Products the sole proprietor or legal entity using the Redistributable Product in accordance with this Agreement. For legal entities, “Customer” includes any entity which controls, is controlled by, or is under common control with Customer. For the purposes of this definition, “control” means (i) the power, directly or indirectly, to direct or manage such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
2. DEFINITIONS
2.1. “Agreement” means this Toolbox Subscription Agreement.
2.2. “Product” means any generally available JetBrains software product identified by JetBrains as an individual developer tool. For the avoidance of doubt, the Product is not produced to the specifications of Customer nor customized through modification or personalization, and is intended for mass distribution.
2.3. “Client” means a computer device used by a User for running the Product.
2.4. “Product Version” means a release, update, or upgrade of a particular Product that is not identified by JetBrains as being made for the purpose of fixing software bugs.
2.5. “Bug Fix Update” for a particular Product Version means a software update or release that is specifically identified by JetBrains as a bug fix for that Product Version.
2.6. “Fallback Date” means the date that was 12 months prior to the date of expiration of the Toolbox Subscription.
2.7. “Fallback Version” means the most recent Product Version that JetBrains made available for public purchase prior to the Fallback Date, along with any Bug Fix Updates for that Product Version. For the purpose of clarity, Fallback Version does not include any Product updates or upgrades other than Bug Fix Updates that Customer may have used in the period between the Fallback Date and the date of expiration of the Toolbox Subscription.
2.8. “JetBrains Account” or “JBA” means an account at https://account.jetbrains.com created by Customer or a single User, having a unique name and password, and enabling User management and Toolbox Subscription administration and/or access to Products in accordance with a Toolbox Subscription.
2.9. “JetBrains Toolbox” means the set of Products which are subject to this Agreement. For the avoidance of doubt, JetBrains Toolbox does not include JetBrains team productivity software and services such as YouTrack, TeamCity, Upsource or Hub or any other software, services or products which do not fall within the definition of Section 2.2 and which are subject to different terms and conditions.
2.10. “Redistributable Product” means an independent module of the Product or the Product as a whole designed to be redistributed and designated by JetBrains as “Redistributable” in its name or in its official description.
2.11. “Subscription Confirmation” means an email confirming Customer’s rights to access and use Products (excl. Redistributable Products), including Toolbox Subscription plans, and the number of authorized Users.
2.12. “Toolbox Subscription” specifies the subscription term, Products provided to Customer, subscription fees and payment schedules. Toolbox Subscription does not apply to Redistributable Products.
2.13. “User” means any employee, independent contractor or other personnel obtaining access to the Product(s) from Customer.
3. GRANT OF RIGHTS
3.1. The Product is provided on a per-seat basis. If Customer complies with the terms of this Agreement, Customer has the rights stipulated hereunder for each Toolbox Subscription that Customer acquires. Customer’s rights acquired in relation to the Product are limited to those necessary to enable Customer and its Users to effectively operate the Product(s). All other rights remain reserved to JetBrains.
3.2. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 12, and subject to the terms and conditions specified herein, JetBrains grants Customer a non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription as stipulated below:
(A) Customer may:
(i) Install and use any version of the Product covered by the Toolbox Subscription on any number of Clients and on any operating system supported by the Product; and
(ii) Make one backup copy of the Product solely for archival/security backup purposes.
(B) Customer may not:
(i) Allow the same Toolbox Subscription to be used concurrently by more than one (1) User;
(ii) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Product;
(iii) Provide access to the Product, Customer’s JetBrains Account or the right to use the Product to a third party;
(iv) Reverse engineer, decompile, disassemble, modify, or translate, or make any attempt to discover the source code of, the Product; or
(v) Remove or obscure any proprietary or other notices contained in the Product.
3.3. Following the expiration of this Agreement, the rights stipulated in Section 3.2(A) shall continue on a perpetual, royalty-free, non-exclusive, and non-transferable basis for the continued use of a Fallback Version of each Product covered by the Toolbox Subscription. The limitations set forth in Sections 3.1 and 3.2(B) of this Agreement apply to the usage of the Fallback Version, as shall Section 12.5. The rights granted in this Section 3.3 are expressly contingent upon Customer not being in breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruption.
3.4. Customer acknowledges that no ownership right is conveyed to Customer under this Agreement, irrespective of the use of terms such as “purchase” or “sale”. JetBrains has and retains all rights, title and interest, including all intellectual property rights, in and to the Products and any and all related or underlying technology, and any modifications or derivative works thereof, including without limitation as they may incorporate Feedback (as defined below).
3.5. If an independent module of the Product or the Product as a whole is a Redistributable Product, the following provisions shall apply in addition to Sections 3.2-3.4:
(A) You may:
(i) use the Redistributable Product without the quantitative restrictions provided in Sections 3.1 and 3.2(B)(i), unless specified otherwise in the terms relating to the use of the particular Redistributable Product;
(ii) transfer, reproduce, redistribute and provide access to the Redistributable Product to a third party;
(iii) sell your product containing or using the Redistributable Product to a third party, but not the Redistributable Product as such;
(iv) redistribute the Redistributable Product onto another Client for legitimate purposes in accordance with applicable law and use the Redistributable Product on that Client, provided that You have received authorization from the owner of such Client to deploy and use the Redistributable Product in this way. You will indemnify JetBrains against any loss, costs or damages arising from Your deployment of the Redistributable Product onto another Client in violation of this clause.
(B) You hereby agree to ensure that the use of any Redistributable Product you reproduce, redistribute or provide access to, to a third party is governed by an agreement concluded between the relevant third party as a Customer and JetBrains and that such third party is bound by the agreement prior to the use of any such Redistributable Product. JetBrains is the exclusive owner and exclusive licensor of any Redistributable Product. You acknowledge that you are liable to JetBrains for any loss or damages in connection with the breach of this section.
4. PURCHASING THROUGH RESELLERS
This Agreement applies whether Customer purchases a Toolbox Subscription directly from JetBrains or through resellers. If Customer purchases through a reseller, the Toolbox Subscription details shall be as stated in the Subscription Confirmation issued by the reseller to Customer, and the reseller is responsible for the accuracy of any such Subscription Confirmation. Resellers are not authorized to make any promises or commitments on JetBrains’ behalf, and Customer understands and agrees that JetBrains is not bound by any obligations to Customer other than as specified in this Agreement.
5. ACCESS TO PRODUCTS
5.1. All deliveries under this Agreement will be electronic. Customer and its Users must have an Internet connection in order to access the JBA and receive any deliveries. For the avoidance of doubt, Customer is responsible for downloading and installing the Products, which are made available for download on JetBrains’ website at www.jetbrains.com.
5.2. Customer and its Users may use the JBA in accordance with its documentation. Customer and its Users are solely responsible for the accuracy of any information provided via and any action taken through the JBA.
5.3. Customer may enable Users to access Products in one of the following ways:
(A) By sending an invitation from Customer’s JBA to a User JBA. Customer acknowledges and agrees that the Product will periodically connect from a User Client to JetBrains’ servers via the Internet to confirm that User’s right to use the Product;
(B) By generating an offline activation code in Customer’s JBA and providing it to the User for offline Product activation. It is Customer’s responsibility to generate a new activation code and apply it to the Product registration screen every time changes are made to the right of use assignment or Toolbox Subscription plan, as well as whenever a subscription is renewed;
(C) Via a server application located on Customer’s premises that enables access to the Product from Clients that are within Customer’s local area network (“Product Server”). The Product Server option may be provided to Customer at the sole discretion of JetBrains.
6. FEES
Customer shall pay its Toolbox Subscription fees in accordance with JetBrains Terms of Purchase or the reseller’s terms of purchase, whichever are applicable. The Toolbox Subscription fees shall be paid in full, and any levies, duties and/or taxes imposed by Customer’s jurisdiction (including, but not limited to, value added tax, sales tax and withholding tax), shall be borne solely by Customer. Customer may not deduct any amounts from fees payable to JetBrains or the reseller, unless otherwise specified in the applicable terms of purchase.X
7. FEEDBACK
Customer has no obligation to provide Us with ideas, suggestions, or proposals (“Feedback”). However, if Customer or Users submit Feedback to us, then Customer grants us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, or publicly perform the Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise.
8. THIRD-PARTY SOFTWARE
The Products include code and libraries licensed to Us by third parties, including open source software (“Third-Party Software”). A list of Third-Party Software included in each Product is available in the Product documentation. All Third-Party Software is provided to Customer under the respective terms stipulated in the Product documentation.X
9. TOOLBOX SUBSCRIPTION TRIAL
9.1. Subject to the terms of this Agreement, Customer is granted a one-time right to install and use the Product for evaluation purposes without charge for a period of thirty (30) days from the date of the Product installation (the “Evaluation Period”). Customer’s use of the Product during the Evaluation Period shall be limited to the internal evaluation of the Product for the sole purpose of determining whether the Product meets Customer’s requirements and whether Customer desires to continue using the Product.
9.2. Customer may withdraw from using the Product at Customer’s sole discretion anytime before expiration of the Evaluation Period. Upon expiration of the Evaluation Period, Customer’s right to continue to use the Product will terminate, unless Customer purchases a Toolbox Subscription to the Product. The Product contains a feature that will automatically disable the Product upon the expiration of the Evaluation Period.
9.3. Limitations contained in this Section 9 do not apply to the use of Redistributable Products, which may be used for the term of this Agreement.
10. WARRANTY LIMITATIONS
10.1 ALL PRODUCTS ARE PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK.
10.2 JETBRAINS MAKES NO WARRANTY AS TO THE PRODUCTS’ USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS (OR ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “JETBRAINS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; TITLE; AND NON-INFRINGEMENT) WITH REGARD TO THE PRODUCTS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS PARTIES DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS: (A) ARE ACCURATE, RELIABLE OR CORRECT; (B) WILL MEET ANY CUSTOMER REQUIREMENTS; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10.3 ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
10.4 CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.
11. DISCLAIMER OF DAMAGES
11.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE JETBRAINS PARTIES BE LIABLE TO CUSTOMER, CUSTOMER’S AFFILIATES, USERS, OR ANYONE ELSE FOR: (A) ANY LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHETHER OR NOT FORESEEABLE; (B) ANY LOSS OR DAMAGES IN CONNECTION WITH TERMINATION OR SUSPENSION OF CUSTOMER’S ACCESS TO THE PRODUCTS IN ACCORDANCE WITH THIS AGREEMENT; OR (C) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (EVEN IF THE RELEVANT JETBRAINS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), INCLUDING THOSE (X) RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE, (Y) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR (Z) ARISING FROM ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER’S USE OF OR ACCESS TO THE PRODUCTS OR SUPPORT. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
11.2. THE JETBRAINS PARTIES’ TOTAL LIABILITY IN ANY MATTER ARISING OUT OF OR IN RELATION TO THIS AGREEMENT IS LIMITED TO THE GREATER OF (A) ONE HUNDRED (100) US DOLLARS OR (B) THE AGGREGATE AMOUNT PAID OR PAYABLE BY THE CUSTOMER DURING THE THREE-MONTH PERIOD PRECEDING THE EVENT, FOR THE PRODUCTS GIVING RISE TO THE LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE JETBRAINS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF LIABILITY EXCEEDING SUCH AN AMOUNT AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
12. TERM AND TERMINATION
12.1. The term of this Agreement will commence upon acceptance of this Agreement by Customer as set forth in the preamble above, and will continue for each Product through the end of the applicable subscription period specified in the respective Subscription Confirmation or in the case of Redistributable Products until terminated by either Customer or JetBrains. This Agreement will automatically renew with respect to each Product for a successive Toolbox Subscription term, unless terminated as set forth herein.
12.2. Customer may terminate this Agreement at any time by cancelling its Product subscription via Customer’s JetBrains Account. If such termination occurs during a then-current subscription period, this Agreement will continue to be effective until the end of that subscription period. Such termination does not relieve Customer of the obligation to pay any outstanding subscription fees owed to JetBrains, and no credits or refunds will be issued to Customer for prepaid subscription fees (except as specified in the JetBrains Terms of Purchase, if applicable). In the case of Redistributable Products, Customer may terminate this Agreement with immediate effect by notifying JetBrains of such termination, discontinuing use of the Redistributable Product and deleting all copies of the Redistributable Product from its Clients and archives.
12.3. JetBrains may terminate this agreement if:
(A) Customer has materially breached this Agreement and fails to cure such breach within thirty (30) days of written notice thereof;
(B) Customer fails to make the timely payment of subscription fees in accordance with Section 6 of this Agreement;
(C) JetBrains is required to do so by law (for example, where the provision of the JetBrains Toolbox to Customer is, or becomes, unlawful); or
(D) JetBrains elects to discontinue providing the JetBrains Toolbox, in whole or in part.
12.4. JetBrains will make reasonable efforts to notify Customer via email as follows:
(A) Thirty (30) days prior to termination of the Agreement in the events specified in Sections 12.3(C) and 12.3(D) above, and in such events Customer will be entitled to a refund of the unused portion of prepaid subscription fees, if applicable;
(B) Three (3) days prior to termination of the Agreement in the event specified in Section 12.3(B), and in such event Customer will not be entitled to any refund of the unused portion of prepaid subscription fees.
12.5. Survival. Upon the expiration or termination of this Agreement by Customer under Section 12.2, and if Customer elects to use the Fallback Version of the Product subject to Section 3.3 of this Agreement, Sections 3.3, 7, 8, 10 and 11 of this Agreement will also survive with respect to said Fallback Version.
13. TEMPORARY SUSPENSION FOR NON-PAYMENT
13.1. JetBrains reserves the right to suspend Customer’s access to JetBrains’ Products if Customer fails to pay subscription fees on time in accordance with Section 6 of this Agreement.
13.2. If JetBrains suspends Customer’s access to JetBrains’ Products for non-payment according to Section 13.1., Customer must pay all past due amounts in order to restore its access to JetBrains’ Products.
13.3. Customer hereby agrees that JetBrains is entitled to charge Customer for the time period during which Customer has access to JetBrains Products until Customer or JetBrains terminates or suspends Customer’s subscription in accordance with this Agreement.
14. EXPORT REGULATIONS
Customer shall comply with all applicable laws and regulations with regards to economic sanctions, export controls, import regulations, and trade embargoes (all herein referred to as “Sanctions”), including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). Customer declares that it is not a person targeted by Sanctions nor is it otherwise owned or controlled by or acting on behalf of any person targeted by Sanctions. Further, Customer warrants that it will not download or otherwise export or re-export the JetBrains Toolbox or any related technical data directly or indirectly to any person targeted by Sanctions or download or otherwise use the JetBrains Toolbox for any end-use prohibited or restricted by Sanctions.
15. MARKETING
Customer agrees that JetBrains may identify it as a customer of JetBrains and may refer to it by name, trade name and trademark, if applicable. JetBrains may also briefly describe Customer’s business in JetBrains marketing materials, on the JetBrains website and/or in public or legal documents. Customer hereby grants JetBrains a worldwide, non-exclusive and royalty-free license to use Customer’s name and any of Customer’s trade names and trademarks solely pursuant to this marketing section.
16. GENERAL
16.1. Entire Agreement. This Agreement, including the Third-Party Software license terms, constitutes the entire agreement between the parties concerning its subject matter and supersedes any prior agreements between Customer and JetBrains regarding Customer’s use of any Products in the JetBrains Toolbox. No purchase order, other ordering document or any handwritten or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both Customer and JetBrains.
16.2. Reservation of Rights. JetBrains reserves the right at any time to cease the support of the JetBrains Toolbox and to alter prices, features, specifications, capabilities, functions, terms of use, release dates, general availability or other characteristics of the JetBrains Toolbox.
16.3. Changes to this Agreement. We may update or modify this Agreement from time to time, including any referenced policies and other documents. If a revision meaningfully reduces Customer’s rights, we will use reasonable efforts to notify Customer (by, for example, sending an email to the email address of the billing or technical contact provided by Customer to us, posting on our blog, through Customer’s JetBrains Account, or via the Product itself). If we modify this Agreement, the modified version of the Agreement will be effective from the start of the next Toolbox Subscription term. In this case, if Customer objects to the updated Agreement terms, as Customer’s exclusive remedy, Customer may cancel the Toolbox Subscription. Customer may be required to click through the updated Agreement to show its acceptance. For the avoidance of doubt, each Subscription Confirmation is subject to the version of the Agreement in effect on the Subscription Confirmation date.
16.4. Opportunity to Review. Customer hereby declares that Customer has had sufficient opportunity to review this Agreement, understand the content of all of its clauses, negotiate its terms, and seek independent professional legal advice in that respect before entering into it. Consequently, any statutory “form contract” (“adhesion contract”) regulations shall not be applicable to this Agreement.
16.5. Severability. If a particular term of this Agreement is not enforceable, the unenforceability of that term will not affect any other terms of this Agreement.
16.6. Headings. Headings and titles are for convenience only and do not affect the interpretation of this Agreement.
16.7. No Waiver. Our failure to enforce or exercise any part of this Agreement is not a waiver of that section.
16.8. Notice. JetBrains may deliver any notice to Customer via electronic mail to an email address provided by Customer, its JetBrains Account, registered mail, personal delivery or renowned express courier (such as DHL, FedEx or UPS). Any such notice will be deemed to be effective (i) on the day the notice is sent to Customer via email, (ii) upon being uploaded to Customer’s JetBrains Account (irrespective of when Customer actually receives it), (iii) upon personal delivery, (iv) one (1) day after deposit with an express courier, (v) or five (5) days after deposit in the mail, whichever occurs first.
16.9. Governing Law. This Agreement will be governed by the laws of the Czech Republic, without reference to conflict of laws principles. Customer agrees that any litigation relating to this Agreement may only be brought in, and will be subject to the jurisdiction of, any competent court of the Czech Republic. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
For exceptions or modifications to this Agreement, please contact JetBrains at:
Address: Na Hrebenech II 1718/10, Prague, 14000, Czech Republic
Fax: +420 241 722 540
E-mail: sales@jetbrains.com

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TOOLBOX SUBSCRIPTION AGREEMENT FOR EDUCATION AND TRAINING
Version 4.1, effective as of January 9th, 2019
IMPORTANT! READ CAREFULLY:
THIS IS A LEGAL AGREEMENT. BY CLICKING ON THE “I AGREE” (OR SIMILAR) BUTTON THAT IS PRESENTED TO YOU AT THE TIME OF YOUR PURCHASE, OR BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR DEVICE, OR OTHERWISE USING JETBRAINS SOFTWARE, SUPPORT OR PRODUCTS, YOU ARE BECOMING A PARTY TO THIS AGREEMENT, YOU DECLARE YOU HAVE THE LEGAL CAPACITY TO ENTER INTO SUCH AGREEMENT, AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH BELOW.
1. PARTIES
1.1. “JetBrains” or “We” means JetBrains s.r.o., having its principal place of business at Na Hrebenech II 1718/10, Prague, 14000, Czech Republic, registered in the Commercial Register maintained by the Municipal Court of Prague, Section C, File 86211, ID. No.: 265 02 275.
1.2. “Customer” or “You” means a public or private school, college, training course provider, university or other post-secondary educational establishment specified in the Subscription Confirmation, exercising rights under, and complying with the terms of this Agreement.
2. DEFINITIONS
2.1. “Agreement” means this Toolbox Subscription Agreement.
2.2. “Product” means any generally available JetBrains software product identified by JetBrains as an individual developer tool. For the avoidance of doubt, the Product is not produced to the specifications of Customer nor customized through modification or personalization, and is intended for mass distribution.
2.3. “Client” means a computer device used by a Customer for running the Product.
2.4. “JetBrains Account” or “JBA” means an account at https://account.jetbrains.com created by Customer, having a unique name and password, and through which Customer has access to Products in accordance with a Toolbox Subscription.
2.5. “JetBrains Toolbox” means the set of Products which are subject to this Agreement. For the avoidance of doubt, JetBrains Toolbox does not include JetBrains team productivity software or services such as YouTrack, TeamCity, Upsource, or Hub, or any other software, services or products which do not fall within the definition of Section 2.2 and which are subject to different terms and conditions.
2.6. “Redistributable Product” means an independent module of the Product or the Product as a whole designed to be redistributed and designated by JetBrains as “Redistributable” in its name or in its official description.
2.7 “Subscription Confirmation” means an email confirming Customer’s rights to access and use Products (excl. Redistributable Products).
2.8. “Toolbox Subscription” specifies the subscription term and Products provided to Customer. Toolbox Subscription does not apply to Redistributable Products.
2.9. “Authorized User” means any student, faculty, staff member or other person authorized by Subscriber to use Products.
3. GRANT OF RIGHTS
3.1. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 10, and subject to the terms and conditions specified herein, JetBrains grants You a non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription for a period of 1 (one) year as follows:
(A) You may:
(i) Install and use any version of the Product covered by the Toolbox Subscription on any number of Clients and on any operating system supported by the Product;
(ii) Allow Authorized Users to use the Product solely in support of classroom instruction of students. The right to use the Product for any other purposes is expressly prohibited;
(iii) Allow Authorized Users to install and use the Product for homework at their residences on personally owned computers, provided that they agree to all the provisions of this Agreement;
(iv) Make one backup copy of the Product solely for archival/security backup purposes.
(B) You may not:
(i) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell or transfer the Product;
(ii) Provide access to the Product or Your JetBrains Account to a third party;
(iii) Reverse engineer, decompile, disassemble, modify, translate, or make any attempt to discover the source code of, the Product;
(iv) Remove or obscure any proprietary or other notices contained in the Product; or
(v) Use Products for any commercial purposes.
3.2. Customer acknowledges that no ownership right is conveyed to the Customer under this Agreement, irrespective of the use of terms such as “purchase” or “sale.” JetBrains has and retains all rights, title and interest, including all intellectual property rights, in and to the Products and any and all related or underlying technology, and any modifications or derivative works thereof, including without limitation as they may incorporate Feedback (as defined below).
3.3. Customer agrees to comply with the terms of this Agreement, and to take reasonable measures to prevent use of the Product in an inappropriate manner by Authorized Users or access to Products by unauthorized users.
3.4. If an independent module of the Product or the Product as a whole is a Redistributable Product, the following provisions shall apply in addition to Sections 3.1-3.3:
(A) You may:
(i) use the Redistributable Product without quantitative restrictions unless specified otherwise in the terms relating to the use of the particular Redistributable Product;
(ii) transfer, reproduce, redistribute and provide access to the Redistributable Product to a third party;
(iii) sell your product containing or using the Redistributable Product to a third party, but not the Redistributable Product as such;
(iv) redistribute the Redistributable Product onto another Client for legitimate purposes in accordance with applicable law and use the Redistributable Product on that Client, provided that You have received authorization from the owner of such Client to deploy and use the Redistributable Product in this way. You will indemnify JetBrains against any loss, costs or damages arising from Your deployment of the Redistributable Product onto another Client in violation of this clause.
(B) You hereby agree to ensure that the use of any Redistributable Product you reproduce, redistribute or provide access to, to a third party is governed by an agreement concluded between the relevant third party as a Customer and JetBrains and that such third party is bound by the agreement prior to the use of any such Redistributable Product. JetBrains is the exclusive owner and exclusive licensor of any Redistributable Product. You acknowledge that you are liable to JetBrains for any loss or damages in connection with the breach of this section.
4. ACCESS TO PRODUCTS
4.1 You must register for a JetBrains Account and have Internet access in order to access or receive Products, or to renew a subscription. Any registration information that You provide to Us via Your JetBrains Account must be accurate, current and complete. You must also update Your information so that We may send notices, statements and other information to You by email or through Your JetBrains Account. You are responsible for all actions taken through Your accounts.
4.2 You may use Your JetBrains Account credentials in the Product so We can verify Your rights to use the Product online. You acknowledge and agree that the Product will periodically connect to JetBrains servers to update this information including changes to JetBrains Account credentials and the Toolbox Subscription plan.
4.3 Alternatively, You may use an offline activation code that You can download in Your JetBrains Account. If you use this option, it is Your responsibility to download a new activation code and apply it to the Product registration screen every time you make changes to the Toolbox Subscription or whenever a Toolbox Subscription is renewed.
4.4 All deliveries under this Agreement will be electronic. You must have an Internet connection in order to access Your JetBrains Account and to receive any deliveries. For the avoidance of doubt, You are responsible for Product download and installation.
5. SUBSCRIPTION RENEWAL
5.1. Customer may renew its Product subscription for another year by submitting a written request to JetBrains 30 (thirty) days prior to the end of the Toolbox Subscription term.
5.2. If not agreed otherwise in writing between JetBrains and Customer, in the event of subscription renewal the relationship between the parties shall be governed and amended (if applicable) by the terms and conditions of the subscription agreement covering use of the Product available at www.jetbrains.com on the day of subscription renewal.
6. FEEDBACK
You have no obligation to provide Us with ideas, suggestions, or proposals (“Feedback”). However, if You submit Feedback to Us, then You grant Us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, or publicly perform the Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise.
7. THIRD-PARTY SOFTWARE
7.1. The Products include code and libraries licensed to Us by third parties, including open source software (“Third-Party Software”). A list of Third-Party Software included in each Product is available in the Product documentation. All Third-Party Software is provided to You under the respective terms stipulated in the Product documentation.X
7.2. JETBRAINS PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD-PARTY SOFTWARE AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
8. WARRANTY LIMITATIONS
8.1 ALL PRODUCTS ARE PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK.
8.2 JETBRAINS MAKES NO WARRANTY AS TO THE PRODUCTS’ USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS (OR ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “JETBRAINS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; TITLE; AND NON-INFRINGEMENT) WITH REGARD TO THE PRODUCTS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS PARTIES DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS: (A) ARE ACCURATE, RELIABLE OR CORRECT; (B) WILL MEET ANY CUSTOMER REQUIREMENTS; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8.3 ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
8.4 CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.
9. DISCLAIMER OF DAMAGES
9.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE JETBRAINS PARTIES BE LIABLE TO CUSTOMER, CUSTOMER’S AFFILIATES, AUTHORIZED USERS, OR ANYONE ELSE FOR: (A) ANY LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHETHER OR NOT FORESEEABLE; (B) ANY LOSS OR DAMAGES IN CONNECTION WITH TERMINATION OR SUSPENSION OF CUSTOMER’S ACCESS TO THE PRODUCTS IN ACCORDANCE WITH THIS AGREEMENT; OR (C) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (EVEN IF THE RELEVANT JETBRAINS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), INCLUDING THOSE (X) RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE, (Y) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR (Z) ARISING FROM ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER’S USE OF OR ACCESS TO THE PRODUCTS OR SUPPORT. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
9.2. THE JETBRAINS PARTIES’ TOTAL LIABILITY IN ANY MATTER ARISING OUT OF OR IN RELATION TO THIS AGREEMENT IS LIMITED TO TEN (10) US DOLLARS. THIS LIMITATION WILL APPLY EVEN IF THE JETBRAINS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF LIABILITY EXCEEDING SUCH AN AMOUNT AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
.
10. TERM AND TERMINATION
10.1. The term of this Agreement will commence upon acceptance of this Agreement by Customer as set forth in the preamble above, and will continue for each Product through the end of the applicable subscription period specified in the respective Subscription Confirmation or in the case of Redistributable Products until terminated by either Customer or JetBrains. This Agreement can be renewed under the terms set forth in Section 5 of this Agreement with respect to a Product for a successive Toolbox Subscription term, unless terminated as set forth herein.
10.2. You may terminate this Agreement at any time by cancelling the subscription for one or more Products via Your JetBrains Account. If such termination occurs during a then-current subscription period, this Agreement will continue to be effective until the end of that subscription period.
10.3. JetBrains may terminate this agreement if:
(A) Customer has materially breached this Agreement and fails to cure such breach within thirty (30) days of written notice thereof;
(B) JetBrains is required to do so by law (for example, where the provision of the JetBrains Toolbox to Customer is, or becomes, unlawful); or
(C) JetBrains elects to discontinue to provide the JetBrains Toolbox, in whole or in part.
JetBrains will make reasonable effort to notify Customer via an email as follows:
Thirty (30) days prior to termination of the Agreement in the events specified in Clauses 10.3(B) and 10.3(C) above.
11. EXPORT REGULATIONS
Customer shall comply with all applicable laws and regulations with regards to economic sanctions, export controls, import regulations, and/or trade embargoes (all herein referred to as “Sanctions”), including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). Customer declares that it is not a person targeted by Sanctions nor is it otherwise owned or controlled by or acting on behalf of any person targeted by Sanctions. Further, Customer warrants that it will not download or otherwise export or re-export the JetBrains Toolbox or any related technical data directly or indirectly to any person targeted by Sanctions or download or otherwise use the JetBrains Toolbox for any end-use prohibited or restricted by Sanctions.
12. GENERAL
12.1. Entire Agreement. This Agreement, including the Third-Party Software license terms, constitutes the entire agreement between the parties concerning its subject matter and supersedes any prior agreements between You and JetBrains regarding Your use of any JetBrains Products covered by the JetBrains Toolbox. No purchase order, other ordering document or any handwritten or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both Customer and JetBrains.
12.2. Reservation of Rights. JetBrains reserves the right at any time to cease the support of the JetBrains Toolbox and to alter prices, features, specifications, capabilities, functions, terms of use, release dates, general availability or other characteristics of the JetBrains Toolbox.
12.3. Changes to this Agreement. We may update or modify this Agreement from time to time, including any referenced policies and other documents. If a revision meaningfully reduces Your rights, We will use reasonable efforts to notify You (by, for example, sending an email to the email address of the billing or technical contact You provided to us, posting on our blog, through Your JetBrains Account, or via the Product itself). If We modify this Agreement, the modified version of the Agreement will be effective from the start of the next Toolbox Subscription term. In this case, if You object to the updated Agreement terms, as Your exclusive remedy, You may cancel the Toolbox Subscription. You may be required to click through the updated Agreement to show Your acceptance. For the avoidance of doubt, each Subscription Confirmation is subject to the version of the Agreement in effect on the Subscription Confirmation date.
12.4. Severability. If a particular term of the Agreement is not enforceable, the unenforceability of that term will not affect any other terms of the Agreement.
12.5. Headings. Headings and titles are for convenience only and do not affect the interpretation of this Agreement.
12.6. No Waiver. Our failure to enforce or exercise any part of this Agreement is not a waiver of that section.
12.7. Governing Law. This Agreement will be governed by the laws of the Czech Republic, without regard to conflict of laws principles. Customer agrees that any litigation relating to this Agreement may only be brought in, and will be subject to the jurisdiction of, any competent court of the Czech Republic. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
12.8. You declare that You have had sufficient opportunity to review this Agreement, understand the content of all of its clauses, negotiate its terms and seek independent professional legal advice in that respect before entering into it. Consequently, any statutory “form contract” (“adhesion contract”) regulations shall not be applicable to this Agreement.
12.9. Notice. JetBrains may deliver any notice to Customer via electronic mail to an email address provided by Customer, JetBrains Account, registered mail, personal delivery or renowned express courier (such as DHL, FedEx or UPS). Any such notice will be deemed to be effective (i) on the day the notice is sent to Customer via email, (ii) upon being uploaded to Your JetBrains Account (irrespective of when Customer actually receives it), (iii) upon personal delivery, (iv) one (1) day after deposit with an express courier, (v) or five (5) days after deposit in the mail, whichever occurs first.
For exceptions or modifications to this Agreement, please contact JetBrains at:
Address: Na Hrebenech II 1718/10, Prague, 14000, Czech Republic
Fax: +420 241 722 540
Email: sales@jetbrains.com

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TOOLBOX SUBSCRIPTION AGREEMENT FOR EDUCATION
Version 3.2, effective as of June 26th, 2019
IMPORTANT! READ CAREFULLY:
THIS IS A LEGAL AGREEMENT. BY CLICKING ON THE «I AGREE» (OR SIMILAR) BUTTON THAT IS PRESENTED TO YOU AT THE TIME OF YOUR PURCHASE, OR BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR DEVICE, OR OTHERWISE USING JETBRAINS SOFTWARE, SUPPORT OR PRODUCTS, YOU ARE BECOMING A PARTY TO THIS AGREEMENT, YOU DECLARE YOU HAVE THE LEGAL CAPACITY TO ENTER INTO SUCH AGREEMENT, AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH BELOW.
1. PARTIES
1.1. «JetBrains» or «We» means JetBrains s.r.o., having its principal place of business at Na Hrebenech II 1718/10, Prague, 14000, Czech Republic, registered in the Commercial Register maintained by the Municipal Court of Prague, Section C, File 86211, ID. No.: 265 02 275.
1.2. «Customer» or «You» means a student or an instructor specified in the Subscription Confirmation who is at least 13 years old, or in the case of Redistributable Products the sole proprietor or legal entity with sufficient legal capacity to enter into this Agreement using the Redistributable Product in accordance with this Agreement. For the purpose of this Agreement:
(A) «student» is an individual who is enrolled at a recognized educational institution (university, college, high school, primary school or a similar institution with educational goals), and upon request by JetBrains is able to provide proof of such enrollment;
(B) «instructor» is an individual who gives lectures and/or seminars at a recognized educational institution (university, college, high school, primary school or a similar institution with educational goals), and upon request by JetBrains is able to provide proof of such involvement.
2. DEFINITIONS
2.1. «Agreement» means this Toolbox Subscription Agreement.
2.2. «Product» for the purposes of this Agreement means any software provided under the JetBrains Toolbox and included in JetBrains Educational Program at and any third party software programs that are owned and licensed pursuant to Section 7 of this Agreement by parties other than JetBrains and that are either integrated with or made part of software (collectively, «Third Party Software»).
2.3. «Client» means a computer device used by a Customer for running the Product.
2.4. «JetBrains Account» or «JBA» means an account at https://account.jetbrains.com created by Customer, having a unique name and password, and through which Customer has access to Products in accordance with a Toolbox Subscription.
2.5. «JetBrains Toolbox» means the set of Products which are subject to this Agreement. For the avoidance of doubt, JetBrains Toolbox does not include JetBrains team productivity software or services such as YouTrack, TeamCity, Upsource, or Hub, or any other software, services or products which do not fall within the definition of Section 2.2 and which are subject to different terms and conditions.
2.6. «Redistributable Product» means an independent module of the Product or the Product as a whole designed to be redistributed and designated by JetBrains as «Redistributable» in its name or in its official description.
2.7. «Subscription Confirmation» means an email confirming Customer’s rights to access and use Products (excl. Redistributable Products), including Toolbox Subscription plans, and the number of authorized users.
2.8. «Toolbox Subscription» specifies the subscription term and Products provided to Customer. Toolbox Subscription does not apply to Redistributable Products.
3. GRANT OF RIGHTS
3.1. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 10, and subject to the terms and conditions specified herein, JetBrains grants You a non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription for non-commercial, educational purposes only (including conducting academic research or providing educational services) for a period of 1 (one) year as follows:
(A) You may:
(i) Install and use any version of the Product covered by the Toolbox Subscription and listed at https://www.jetbrains.com/student on any number of Clients and on any operating system supported by the Product; use software for non-commercial, educational purposes only, including conducting academic research or providing educational services; and
(ii) Make one backup copy of the Product solely for archival purposes/security backup.
(B) You may not:
(i) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell or transfer the Product;
(ii) Provide access to the Product or Your JetBrains Account or the right to use the Product to a third party;
(iii) Reverse engineer, decompile, disassemble, modify, translate, or make any attempt to discover the source code of, the Product;
(iv) Remove or obscure any proprietary or other notices contained in the Product; or
(v) Use Products for any commercial purposes.X
3.2. Customer acknowledges that no ownership right is conveyed to the Customer under this Agreement, irrespective of the use of terms such as «purchase» or «sale.» JetBrains has and retains all rights, title and interest, including all intellectual property rights, in and to the Products and any and all related or underlying technology, and any modifications or derivative works thereof, including without limitation as they may incorporate Feedback (as defined below).
3.3. If an independent module of the Product or the Product as a whole is a Redistributable Product, the following provisions shall apply in addition to Sections 3.1-3.2:
(A) You may:
(i) use the Redistributable Product without quantitative restrictions unless specified otherwise in the terms relating to the use of the particular Redistributable Product;
(ii) transfer, reproduce, redistribute and provide access to the Redistributable Product to a third party;
(iii) sell your product containing or using the Redistributable Product to a third party, but not the Redistributable Product as such;
(iv) redistribute the Redistributable Product onto another Client for legitimate purposes in accordance with applicable law and use the Redistributable Product on that Client, provided that You have received authorization from the owner of such Client to deploy and use the Redistributable Product in this way. You will indemnify JetBrains against any loss, costs or damages arising from Your deployment of the Redistributable Product onto another Client in violation of this clause.
(B) You hereby agree to ensure that the use of any Redistributable Product you reproduce, redistribute or provide access to, to a third party is governed by an agreement concluded between the relevant third party as a Customer and JetBrains and that such third party is bound by the agreement prior to the use of any such Redistributable Product. JetBrains is the exclusive owner and exclusive licensor of any Redistributable Product. You acknowledge that you are liable to JetBrains for any loss or damages in connection with the breach of this section.
3.4. Your access to and use of the Products is conditional on Your status as a student or instructor. The Customer:
(A) agrees to immediately discontinue use of all JetBrains Toolbox Products, if the Customer ceases to be a student or an instructor; and
(B) warrants that the information Customer provides to JetBrains about the Customer’s status as a student or instructor is complete and accurate. This includes the use of legally valid and verifiable names and personal details.
4. ACCESS TO PRODUCTS
4.1. You must register for a JetBrains Account and have Internet access in order to access or receive Products, or to renew a subscription. Any registration information that You provide to Us via Your JetBrains Account must be accurate, current and complete. You must also update Your information so that We may send notices, statements and other information to You by email or through Your JetBrains Account. You are responsible for all actions taken through Your accounts.
4.2. You may use Your JetBrains Account credentials in the Product so We can verify Your rights to use the Product online. You acknowledge and agree that the Product will periodically connect to JetBrains servers to update this information including changes to JetBrains Account credentials and the Toolbox Subscription plan.
4.3. All deliveries under this Agreement will be electronic. You must have an Internet connection in order to access Your JetBrains Account and to receive any deliveries. For the avoidance of doubt, You are responsible for Product download and installation.
5. SUBSCRIPTION RENEWAL
5.1. Customer may renew its Product subscription for another year by submitting a written request to JetBrains 30 (thirty) days prior to the end of the Toolbox Subscription term.
5.2. If not agreed otherwise in writing between JetBrains and Customer, in the event of subscription renewal the relationship between the parties shall be governed and amended (if applicable) by the terms and conditions of the subscription agreement covering use of the Product available at www.jetbrains.com on the day of subscription renewal.
6. FEEDBACK
You have no obligation to provide Us with ideas, suggestions, or proposals («Feedback»). However, if You submit Feedback to Us, then You grant Us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, or publicly perform the Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise.
7. THIRD PARTY SOFTWARE
7.1. The Products include code and libraries licensed to Us by third parties, including open source software («Third-Party Software»). A list of Third Party Software included in each Product is available in the Product documentation. All Third Party Software is provided to You under the respective terms stipulated in the Product documentation.
7.2. JETBRAINS PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD-PARTY SOFTWARE AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
8. WARRANTY LIMITATIONS
8.1 ALL PRODUCTS ARE PROVIDED TO CUSTOMER ON AN «AS IS» AND «AS AVAILABLE» BASIS. USE OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK.
8.2 JETBRAINS MAKES NO WARRANTY AS TO THE PRODUCTS’ USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS (OR ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, «JETBRAINS PARTIES») DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; TITLE; AND NON-INFRINGEMENT) WITH REGARD TO THE PRODUCTS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS PARTIES DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS: (A) ARE ACCURATE, RELIABLE OR CORRECT; (B) WILL MEET ANY CUSTOMER REQUIREMENTS; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8.3 ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
8.4 CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.
9. DISCLAIMER OF DAMAGES
9.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE JETBRAINS PARTIES BE LIABLE TO CUSTOMER, CUSTOMER’S AFFILIATES, USERS, OR ANYONE ELSE FOR: (A) ANY LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHETHER OR NOT FORESEEABLE; (B) ANY LOSS OR DAMAGES IN CONNECTION WITH TERMINATION OR SUSPENSION OF CUSTOMER’S ACCESS TO THE PRODUCTS IN ACCORDANCE WITH THIS AGREEMENT; OR (C) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (EVEN IF THE RELEVANT JETBRAINS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), INCLUDING THOSE (X) RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE, (Y) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR (Z) ARISING FROM ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER’S USE OF OR ACCESS TO THE PRODUCTS OR SUPPORT. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
9.2. THE JETBRAINS PARTIES’ TOTAL LIABILITY IN ANY MATTER ARISING OUT OF OR IN RELATION TO THIS AGREEMENT IS LIMITED TO TEN (10) US DOLLARS. THIS LIMITATION WILL APPLY EVEN IF THE JETBRAINS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF LIABILITY EXCEEDING SUCH AN AMOUNT AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
10. TERM AND TERMINATION
10.1. The term of this Agreement will commence upon acceptance of this Agreement by Customer as set forth in the preamble above, and will continue for each Product through the end of the applicable subscription period specified in the respective Subscription Confirmation or in the case of Redistributable Products until terminated by either Customer or JetBrains. This Agreement can be renewed under the terms set forth in Section 5 of this Agreement with respect to a Product for a successive Toolbox Subscription term, unless terminated as set forth herein.
10.2. You may terminate this Agreement at any time by cancelling the subscription for one or more Products via Your JetBrains Account. If such termination occurs during a then-current subscription period, this Agreement will continue to be effective until the end of that subscription period. In the case of Redistributable Products, Customer may terminate this Agreement with immediate effect by notifying JetBrains of such termination, discontinuing use of the Redistributable Product and deleting all copies of the Redistributable Product from its Clients and archives.
10.3. JetBrains may terminate this agreement if:
(A) Customer has breached this Agreement and fails to cure such breach within thirty (30) days of written notice thereof;
(B) JetBrains is required to do so by law (for example, where the provision of the JetBrains Toolbox to Customer is, or becomes, unlawful); or
(C) JetBrains elects to discontinue providing the JetBrains Toolbox, in whole or in part.
10.4. JetBrains will make reasonable effort to notify Customer via email as follows:
Thirty (30) days prior to termination of the Agreement in the events specified in Clauses 10.3(B) and 10.3(C) above.
10.5. If JetBrains reasonably believes that:
(A) the use of any JetBrains Toolbox Product by the Customer or associated with the Customer’s JBA is unauthorized or fraudulent;
(B) information provided to JetBrains by the Customer in connection with this Agreement is incomplete, inaccurate, legally invalid or unverifiable; or
(C) the Customer has breached Clause 3.4 of this Agreement,
JetBrains may terminate this Agreement on seven (7) day’s notice to the Customer («Notice Period»). From the date of such termination notice until the expiry of the Notice Period, JetBrains may immediate suspend the Customer’s access to the JetBrains Toolbox Products. During the Notice Period, the Customer may object to the termination in writing and must provide any information reasonably requested by JetBrains.
11. EXPORT REGULATIONS
Customer shall comply with all applicable laws and regulations with regards to economic sanctions, export controls, import regulations, and trade embargoes (all herein referred to as «Sanctions»), including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). Customer declares that it is not a person targeted by Sanctions nor is it otherwise owned or controlled by or acting on behalf of any person targeted by Sanctions. Further, Customer warrants that it will not download or otherwise export or re-export the JetBrains Toolbox or any related technical data directly or indirectly to any person targeted by Sanctions or download or otherwise use the JetBrains Toolbox for any end-use prohibited or restricted by Sanctions.
12. GENERAL
12.1. Entire Agreement. This Agreement, including the Third Party Software license terms, constitutes the entire agreement between the parties concerning its subject matter and supersedes any prior agreements between You and JetBrains regarding Your use of any JetBrains Products covered by the JetBrains Toolbox. No purchase order, other ordering document or any handwritten or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both Customer and JetBrains.
12.2. Reservation of Rights. JetBrains reserves the right at any time to cease the support of the JetBrains Toolbox and to alter prices, features, specifications, capabilities, functions, terms of use, release dates, general availability or other characteristics of the JetBrains Toolbox.
12.3. Changes to this Agreement. We may update or modify this Agreement from time to time, including any referenced policies and other documents. If a revision meaningfully reduces Your rights, We will use reasonable efforts to notify You (by, for example, sending email to the email address of the billing or technical contact You provided to us, posting on our blog, through Your JetBrains Account, or via the Product itself). If We modify this Agreement, the modified version of the Agreement will be effective from the start of the next Toolbox Subscription term. In this case, if You object to the updated Agreement terms, as Your exclusive remedy, You may cancel the Toolbox Subscription. You may be required to click through the updated Agreement to show Your acceptance. For the avoidance of doubt, each Subscription Confirmation is subject to the version of the Agreement in effect on the Subscription Confirmation date.
12.4. Severability. If a particular term of this Agreement is not enforceable, the unenforceability of that term will not affect any other terms of this Agreement.
12.5. Headings. Headings and titles are for convenience only and do not affect the interpretation of this Agreement.
12.6. No Waiver. Our failure to enforce or exercise any part of this Agreement is not a waiver of that section.
12.7. Governing Law. This Agreement will be governed by the laws of the Czech Republic, without regard to conflict of laws principles. Customer agrees that any litigation relating to this Agreement may only be brought in, and will be subject to the jurisdiction of, any competent court of the Czech Republic. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
12.8. You declare that You have had sufficient opportunity to review this Agreement, understand the content of all of its clauses, negotiate its terms and seek independent professional legal advice in that respect before entering into it. Consequently, any statutory «form contract» («adhesion contract») regulations shall not be applicable to this Agreement.
12.9. Notice. JetBrains may deliver any notice to Customer via electronic mail to an email address provided by Customer, JetBrains Account, registered mail, personal delivery or renowned express courier (such as DHL, FedEx or UPS). Any such notice will be deemed to be effective (i) on the day the notice is sent to Customer via email, (ii) upon being uploaded to Your JetBrains Account (irrespective of when Customer actually receives it), (iii) upon personal delivery, (iv) one (1) day after deposit with an express courier, (v) or five (5) days after deposit in the mail, whichever occurs first.
12.10. Children and minors. If You are under 18 years old, then by entering into this Agreement you explicitly stipulate, that (i) You have legal capacity to conclude this Agreement or that you have valid consent from a parent or legal guardian to do so and (ii) You understand the JetBrains Privacy Policy available at https://www.jetbrains.com/company/privacy.html. You may not enter into this Agreement if you are under 13 years old. IF YOU DO NOT UNDERSTAND THIS SECTION, DO NOT UNDERSTAND THE JETBRAINS PRIVACY POLICY OR DO NOT KNOW WHETHER YOU HAVE THE LEGAL CAPACITY TO ACCEPT THESE TERMS, PLEASE ASK YOUR PARENT OR LEGAL GUARDIAN FOR HELP.
For exceptions or modifications to this Agreement, please contact JetBrains at:
Address: Na Hrebenech II 1718/10, Prague, 14000, Czech Republic
Fax: +420 241 722 540
E-mail: sales@jetbrains.com

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TOOLBOX SUBSCRIPTION AGREEMENT FOR INDIVIDUAL CUSTOMERS
Version 4.1, effective as of January 9th, 2019
IMPORTANT! READ CAREFULLY:
THIS IS A LEGAL AGREEMENT. BY CLICKING THE “I AGREE” (OR SIMILAR) BUTTON THAT IS PRESENTED TO YOU AT THE TIME OF YOUR PURCHASE, OR BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR DEVICE, OR OTHERWISE USING JETBRAINS SOFTWARE, SUPPORT OR PRODUCTS, YOU ARE BECOMING A PARTY TO THIS AGREEMENT, YOU DECLARE YOU HAVE THE LEGAL CAPACITY TO ENTER INTO SUCH AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH BELOW.
1. PARTIES
1.1. “JetBrains” or “We” means JetBrains s.r.o., having its principal place of business at Na Hrebenech II 1718/10, Prague, 14000, Czech Republic, registered in the Commercial Register maintained by the Municipal Court of Prague, Section C, File 86211, ID. No.: 265 02 275.
1.2. “Customer” or “You” means the individual specified in the Subscription Confirmation who is at least 13 years old or in the case of Redistributable Products a sole proprietor or natural person with sufficient legal capacity to enter into this Agreement using the Redistributable Product in accordance with this Agreement. For the avoidance of doubt, Customer is a natural person and not a corporation, company, partnership or association or other entity or organization.
2. DEFINITIONS
2.1. “Agreement” means this Toolbox Subscription Agreement.
2.2. “Product” means any generally available JetBrains software product identified by JetBrains as an individual developer tool. For the avoidance of doubt, the Product is not produced to the specifications of the Customer nor customized through modification or personalization, and is intended for mass distribution.
2.3. “Client” means a computer device used by Customer for running the Product.
2.4. “Product Version” means a release, update, or upgrade of a particular Product that is not identified by JetBrains as being made for the purpose of fixing software bugs.
2.5. “Bug Fix Update” for a particular Product Version means a software update or release that is specifically identified by JetBrains as a bug fix for that Product Version.
2.6. “Fallback Date” means the date that was 12 months prior to the date of expiration of the Toolbox Subscription.
2.7. “Fallback Version” means the most recent Product Version that JetBrains made available for public purchase prior to the Fallback Date, along with any Bug Fix Updates for that Product Version. For the purpose of clarity, the “Fallback Version” does not include any Product updates or upgrades other than Bug Fix Updates that Customer may have used in the period between the Fallback Date and the date of expiration of the Toolbox Subscription.
2.8. “JetBrains Account” or “JBA” means an account at https://account.jetbrains.com created by Customer, having a unique name and password, and through which Customer has access to Products in accordance with a Toolbox Subscription.
2.9. “JetBrains Toolbox” means the set of Products which are subject to this Agreement. For the avoidance of doubt, JetBrains Toolbox does not include JetBrains team productivity software or services such as YouTrack, TeamCity, Upsource, or Hub, or any other software, services or products which do not fall within the definition of Section 2.2 and which are subject to different terms and conditions.
2.10. “Redistributable Product” means an independent module of the Product or the Product as a whole designed to be redistributed and designated by JetBrains as “Redistributable” in its name or in its official description.
2.11. “Subscription Confirmation” means an email confirming Customer’s rights to access and use Products (excl. Redistributable Products).
2.12. “Toolbox Subscription” specifies the subscription term and Products provided to Customer, subscription fees and payment schedules. Toolbox Subscription does not apply to Redistributable Products.
3. GRANT OF RIGHTS
3.1. Unless the Toolbox Subscription has expired or this Agreement is terminated in accordance with Section 12, and subject to the terms and conditions specified herein, JetBrains grants You a non-exclusive and non-transferable right to use each Product covered by the Toolbox Subscription as follows:
(A) You may:
(i) Install and use any version of the Product covered by the Toolbox Subscription on any number of Clients and on any operating system supported by the Product;
(ii) Make one backup copy of the Product solely for archival/security backup purposes.
(B) You may not:
(i) Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell or transfer the Product;
(ii) Provide access to the Product or Your JetBrains Account or right to use the Product to a third party;
(iii) Reverse engineer, decompile, disassemble, modify, translate, or make any attempt to discover the source code of, the Product; or
(iv) Remove or obscure any proprietary or other notices contained in the Product.
3.2. Following the expiration of this Agreement, the rights stipulated in Section 3.1(A) shall continue on a perpetual, royalty-free, non-exclusive, and non-transferable basis for the continued use of a Fallback Version of each Product covered by the Toolbox Subscription. The limitations set forth in Section 3.1(B) of this Agreement apply to the usage of the Fallback Version, as shall Section 12.5. The rights granted in this Section 3.2 are expressly contingent upon Customer not being in breach of this Agreement, including having paid in full the applicable Toolbox Subscription fees for the preceding 12 months or longer without interruption.
3.3. This subscription is only for natural persons who are purchasing a subscription to Products using only their own funds. Notwithstanding anything to the contrary set forth herein, You may not use any of the Products, and this grant of rights shall not be in effect, in the event that You do not pay Toolbox Subscription fees using Your own funds. If any third party pays the Toolbox Subscription fees or if You expect or receive reimbursement for those fees from any third party, this grant of rights shall be invalid and void.
3.4. Customer acknowledges that no ownership right is conveyed to You, irrespective of the use of terms such as “purchase” or “sale.” JetBrains has and retains all rights, title and interest, including all intellectual property rights, in and to the Products and any and all related or underlying technology, and any modifications or derivative works thereof, including without limitation as they may incorporate Feedback (as defined below).
3.5. If an independent module of the Product or the Product as a whole is a Redistributable Product, the following provisions shall apply in addition to Sections 3.1-3.4:
(A) You may:
(i) use the Redistributable Product without quantitative restrictions unless specified otherwise in the terms relating to the use of the particular Redistributable Product;
(ii) transfer, reproduce, redistribute and provide access to the Redistributable Product to a third party;
(iii) sell your product containing or using the Redistributable Product to a third party, but not the Redistributable Product as such;
(iv) redistribute the Redistributable Product onto another Client for legitimate purposes in accordance with applicable law and use the Redistributable Product on that Client, provided that You have received authorization from the owner of such Client to deploy and use the Redistributable Product in this way. You will indemnify JetBrains against any loss, costs or damages arising from Your deployment of the Redistributable Product onto another Client in violation of this clause.
(B) You hereby agree to ensure that the use of any Redistributable Product you reproduce, redistribute or provide access to, to a third party is governed by an agreement concluded between the relevant third party as a Customer and JetBrains and that such third party is bound by the agreement prior to the use of any such Redistributable Product. JetBrains is the exclusive owner and exclusive licensor of any Redistributable Product. You acknowledge that you are liable to JetBrains for any loss or damages in connection with the breach of this section.
4. PURCHASING THROUGH RESELLERS
This Agreement applies whether You purchase a Toolbox Subscription directly from JetBrains or through resellers. If You purchase through a reseller, Toolbox Subscription details shall be as stated in the Subscription Confirmation issued by the reseller to You, and the reseller is responsible for the accuracy of any such Subscription Confirmation. Resellers are not authorized to make any promises or commitments on JetBrains’ behalf, and You understand and agree that JetBrains is not bound by any obligations to You other than as specified in this Agreement.
5. ACCESS TO PRODUCTS
5.1. You must register for a JetBrains Account and have Internet access in order to place orders, to access or receive Products, or to renew a subscription. Any registration information that You provide to Us via Your JetBrains Account must be accurate, current and complete. You must also update Your information so that We may send notices, statements and other information to You by email or through Your JetBrains Account. You are responsible for all actions taken through Your accounts.
5.2. You may use Your JetBrains Account credentials in the Product so that We can verify Your rights to use the Product online. You acknowledge and agree that the Product will periodically connect to JetBrains servers to update this information including changes to JetBrains Account credentials, Toolbox Subscription plans and payments made.
5.3. Alternatively, You may use an offline activation code that You can download in Your JetBrains Account. If you use this option, it is Your responsibility to download a new activation code and apply it to the Product registration screen every time you make changes to the Toolbox Subscription or whenever a Toolbox Subscription is renewed.
5.4. All deliveries under this Agreement will be electronic. You must have an Internet connection in order to access Your JetBrains Account and to receive any deliveries. For the avoidance of doubt, You are responsible for Product download and installation.
6. FEES
Customer shall pay its Toolbox Subscription fees in accordance with the JetBrains Terms of Purchase or the reseller’s terms of purchase, whichever is applicable. The Toolbox Subscription fees shall be paid in full, and any levies, duties and/or taxes imposed by Customer’s jurisdiction (including, but not limited to, value added tax, sales tax and withholding tax) shall be borne solely by Customer. Customer may not deduct any amounts from fees payable to JetBrains or the reseller, unless otherwise specified in the applicable terms of purchase.X
7. FEEDBACK
You have no obligation to provide Us with ideas, suggestions, or proposals (“Feedback”). However, if You submit Feedback to us, then You grant Us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, or publicly perform the Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise.
8. THIRD-PARTY SOFTWARE
8.1. The Products include code and libraries licensed to Us by third parties, including open source software (“Third-Party Software”). A list of Third-Party Software included in each Product is available in the Product documentation. All Third-Party Software is provided to You under the respective terms stipulated in the Product documentation.X
8.2. JETBRAINS PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD-PARTY SOFTWARE AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
9. TOOLBOX SUBSCRIPTION TRIAL
9.1. Subject to the terms of this Agreement, Customer is granted a one-time right to install and use the Product for evaluation purposes without charge for a period of thirty (30) days from the date of the Product installation, unless otherwise specified (the “Evaluation Period”). Customer’s use of the Product during the Evaluation Period shall be limited to the evaluation of the Product for the sole purpose of determining whether the Product meets Customer’s requirements and whether Customer desires to continue using the Product.
9.2. Customer may withdraw from using the Product at Customer’s sole discretion anytime before expiration of the Evaluation Period. Upon expiration of the Evaluation Period, Customer’s right to continue to use the Product will terminate, unless Customer purchases a Toolbox Subscription to the Product. The Product contains a feature that will automatically disable the Product upon expiration of the Evaluation Period.
9.3. Limitations contained in this Section 9 do not apply to the use of Redistributable Products, which may be used for the term of this Agreement.
10. WARRANTY LIMITATIONS
10.1 ALL PRODUCTS ARE PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK.
10.2 JETBRAINS MAKES NO WARRANTY AS TO THE PRODUCTS’ USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS (OR ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (WHICH SHALL INCLUDE THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “JETBRAINS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; TITLE; AND NON-INFRINGEMENT) WITH REGARD TO THE PRODUCTS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS PARTIES DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS: (A) ARE ACCURATE, RELIABLE OR CORRECT; (B) WILL MEET ANY CUSTOMER REQUIREMENTS; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10.3 ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
10.4 CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO ABROGATE SUCH RIGHTS.
11. DISCLAIMER OF DAMAGES
11.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE JETBRAINS PARTIES BE LIABLE TO CUSTOMER, CUSTOMER’S AFFILIATES, USERS, OR ANYONE ELSE FOR: (A) ANY LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHETHER OR NOT FORESEEABLE; (B) ANY LOSS OR DAMAGES IN CONNECTION WITH TERMINATION OR SUSPENSION OF CUSTOMER’S ACCESS TO THE PRODUCTS IN ACCORDANCE WITH THIS AGREEMENT; OR (C) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (EVEN IF THE RELEVANT JETBRAINS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), INCLUDING THOSE (X) RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE, (Y) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR (Z) ARISING FROM ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER’S USE OF OR ACCESS TO THE PRODUCTS OR SUPPORT. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
11.2. THE JETBRAINS PARTIES’ TOTAL LIABILITY IN ANY MATTER ARISING OUT OF OR IN RELATION TO THIS AGREEMENT IS LIMITED TO THE GREATER OF (A) ONE HUNDRED (100) US DOLLARS OR (B) THE AGGREGATE AMOUNT PAID OR PAYABLE BY THE CUSTOMER DURING THE THREE-MONTH PERIOD PRECEDING THE EVENT, FOR THE PRODUCTS GIVING RISE TO THE LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE JETBRAINS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF LIABILITY EXCEEDING SUCH AN AMOUNT AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
12. TERM AND TERMINATION
12.1. The term of this Agreement will commence upon the acceptance of this Agreement by Customer as set forth in the preamble above, and will continue for each Product through the end of the applicable subscription period specified in the respective Subscription Confirmation or in the case of Redistributable Products until terminated by either Customer or JetBrains. This Agreement will automatically renew with respect to a Product for a successive Toolbox Subscription term, unless terminated as set forth herein.
12.2. You may terminate this Agreement at any time by cancelling the subscription for one or more Products via Your JetBrains Account. If such termination occurs during a then-current subscription period, this Agreement will continue to be effective until the end of that subscription period. Such termination does not relieve You of the obligation to pay any outstanding subscription fees owed to JetBrains, and no credits or refunds will be issued to You for prepaid subscription fees (except as set forth in JetBrains’ Terms of Purchase, if applicable). In the case of Redistributable Products, Customer may terminate this Agreement with immediate effect by notifying JetBrains of such termination, discontinuing use of the Redistributable Product and deleting all copies of the Redistributable Product from its Clients and archives.
12.3. JetBrains may terminate this agreement if:
(A) Customer has materially breached this Agreement and fails to cure such breach within thirty (30) days of written notice thereof;
(B) Customer fails to make the timely payment of subscription fees in accordance with Section 6 of this Agreement;
(C) JetBrains is required to do so by law (for example, where the provision of the JetBrains Toolbox to Customer is, or becomes, unlawful); or
(D) JetBrains elects to discontinue providing the JetBrains Toolbox, in whole or in part.
12.4. JetBrains will make reasonable efforts to notify Customer via email as follows:
(A) Thirty (30) days prior to termination of the Agreement in the events specified in Sections 12.3(C) and 12.3(D) above, and in such events Customer will be entitled to a refund of the unused portion of prepaid subscription fees, if applicable;
(B) Three (3) days prior to termination of the Agreement in the event specified in Section 12.3(B), and in such event Customer will not be entitled to any refund of the unused portion of prepaid subscription fees.
12.5. Upon expiration or termination of this Agreement by Customer under Section 12.2, and if Customer elects to use the Fallback Version subject to Section 3.2 of the Agreement, Sections 3.2, 7, 8, 10 and 11 of this Agreement will survive.
13. TEMPORARY SUSPENSION FOR NON-PAYMENT
13.1. JetBrains reserves the right to suspend Customer’s access to JetBrains’ Products if Customer fails to pay its subscription.
13.2. If JetBrains suspends Customer’s access to JetBrains’ Products for non-payment according to Section 13.1., Customer must pay all past due amounts in order to restore its access to JetBrains’ Products.
13.3. Customer hereby agrees that JetBrains is entitled to charge Customer for the time period during which Customer has access to JetBrains Products until Customer or JetBrains terminates or suspends Customer’s subscription in accordance with this Agreement.
14. EXPORT REGULATIONS
Customer shall comply with all applicable laws and regulations with regards to economic sanctions, export controls, import regulations, and trade embargoes (all herein referred to as “Sanctions”), including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). Customer declares that it is not a person targeted by Sanctions nor is it otherwise owned or controlled by or acting on behalf of any person targeted by Sanctions. Further, Customer warrants that it will not download or otherwise export or re-export the JetBrains Toolbox or any related technical data directly or indirectly to any person targeted by Sanctions or download or otherwise use the JetBrains Toolbox for any end-use prohibited or restricted by Sanctions.
15. GENERAL
15.1. Entire Agreement. This Agreement, including the Third-Party Software license terms, constitutes the entire agreement between the parties concerning its subject matter and supersedes any prior agreements between You and JetBrains regarding Your use of any JetBrains software covered by the JetBrains Toolbox. No purchase order, other ordering document or any handwritten or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both Customer and JetBrains.
15.2. Reservation of Rights. JetBrains reserves the right at any time to cease the support of the JetBrains Toolbox and to alter prices, features, specifications, capabilities, functions, terms of use, release dates, general availability or other characteristics of the JetBrains Toolbox.
15.3. Changes to this Agreement. We may update or modify this Agreement from time to time, including any referenced policies and other documents. If a revision meaningfully reduces Your rights, We will use reasonable efforts to notify You (by, for example, sending an email to the email address of the billing or technical contact You provided to us, posting on our blog, through Your JetBrains Account, or via the Product itself). If We modify this Agreement, the modified version of the Agreement will be effective from the start of the next Toolbox Subscription term. In this case, if You object to the updated Agreement terms, as Your exclusive remedy, You may cancel Your Toolbox Subscription. You may be required to click through the updated Agreement to show Your acceptance. For the avoidance of doubt, any Subscription Confirmation is subject to the version of the Agreement in effect on the Subscription Confirmation date.
15.4. Severability. If a particular term of this Agreement is not enforceable, the unenforceability of that term will not affect any other terms of this Agreement.
15.5. Headings. Headings and titles are for convenience only and do not affect the interpretation of this Agreement.
15.6. No Waiver. Our failure to enforce or exercise any part of this Agreement is not a waiver of that section.
15.7. Governing Law. This Agreement will be governed by the laws of the Czech Republic, without regard to conflict of laws principles. Customer agrees that any litigation relating to this Agreement may only be brought in, and will be subject to the jurisdiction of, any competent court of the Czech Republic. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
15.8. You declare that You have had sufficient opportunity to review this Agreement, understand the content of all of its clauses, negotiate its terms, and seek independent professional legal advice in that respect before entering into it. Consequently, any statutory “form contract” (“adhesion contract”) regulations shall not be applicable to this Agreement.
15.9. The parties to this Agreement undertake to make their best efforts to settle any disputes arising hereunder (“Dispute”) amicably. Should the parties to this Agreement fail to settle a Dispute amicably, Customer has a right to submit a Dispute for an out-of-court resolution to the Czech Trade Inspection Authority, web address: www.coi.cz.
15.10. Notice. JetBrains may deliver any notice to Customer via electronic mail to an email address provided by Customer, JetBrains Account, registered mail, personal delivery or renowned express courier (such as DHL, FedEx or UPS). Any such notice will be deemed to be effective (i) on the day the notice is sent to Customer via email, (ii) upon being uploaded to Your JetBrains Account (irrespective of when Customer actually receives it), (iii) upon personal delivery, (iv) one (1) day after deposit with an express courier, (v) or five (5) days after deposit in the mail, whichever occurs first.
15.11. Children and minors. If You are under 18 years old, then by entering into this Agreement you explicitly stipulate, that (i) You have legal capacity to conclude this Agreement or that you have valid consent from a parent or legal guardian to do so and (ii) You understand the JetBrains Privacy Policy available at: https://www.jetbrains.com/company/privacy.html. You may not enter into this Agreement if you are under 13 years old. IF YOU DO NOT UNDERSTAND THIS SECTION, DO NOT UNDERSTAND THE JETBRAINS PRIVACY POLICY OR DO NOT KNOW WHETHER YOU HAVE THE LEGAL CAPACITY TO ACCEPT THESE TERMS, PLEASE ASK YOUR PARENT OR LEGAL GUARDIAN FOR HELP.
For exceptions or modifications to this Agreement, please contact JetBrains at:
Address: Na Hrebenech II 1718/10, Prague, 14000, Czech Republic
Fax: +420 241 722 540
Email: sales@jetbrains.com

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<OWNER>
Software Grant License Agreement ("Agreement")
Except for the license granted herein to you, <OWNER> reserves all
right, title, and interest in and to the Software (defined below).
Definition
"Software" means the code and documentation as well as any original work of
authorship, including any modifications or additions to an existing work, that
is intentionally submitted by <OWNER> to llvm.org (http://llvm.org) ("LLVM") for
inclusion in, or documentation of, any of the products owned or managed by LLVM
(the "Work"). For the purposes of this definition, "submitted" means any form of
electronic, verbal, or written communication sent to LLVM 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, LLVM for the purpose of discussing and improving
the Work, but excluding communication that is conspicuously marked otherwise.
1. Grant of Copyright License. Subject to the terms and conditions of this
Agreement, <OWNER> hereby grants to you and to recipients of the Software
distributed by LLVM 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
Software and such derivative works.
2. Grant of Patent License. Subject to the terms and conditions of this
Agreement, <OWNER> hereby grants you and to recipients of the Software
distributed by LLVM 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 <OWNER> that are necessarily infringed by <OWNER>'s Software alone or by
combination of the Software with the Work to which such Software was
submitted. If any entity institutes patent litigation against <OWNER> or any
other entity (including a cross-claim or counterclaim in a lawsuit) alleging
that <OWNER>'s Software, or the Work to which <OWNER> has contributed
constitutes direct or contributory patent infringement, then any patent
licenses granted to that entity under this Agreement for the Software or Work
shall terminate as of the date such litigation is filed.
Unless required by applicable law or agreed to in writing, the software 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.

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==========
-LEGALESE-
==========
Loki's Revenge Capture The Flag copyright 2003-present vengames.com
All rights reserved
Authors may NOT use these levels as a base to build additional
levels without the explicit permission of the individual authors.
Compiled .bsp files may not be decompiled or reverse engineered for
any purpose whatsoever. These levels are not made by or supported by
id Software.
LRCTF requires a registered version of Quake III Arena + valid CD-Key
Quake III Arena is a registered trademark of id Software, inc.
Companies or services that derive income through player fees,
memberships, hourly charges or in-game advertising revenue may not host
LRCTF on their game servers without prior written permission
from the LRCTF devteam, aka vengames.com
By using this product you agree to exempt, without reservation, the
authors and owners of this production or components thereof from any
responsibility for liability, damage caused, or loss, directly or
indirectly, by this software, including but not limited to, any
interruptions of service, loss of business, or any other consequential
damages resulting from the use of or operation of this product or
components thereof.
No warranties are made, expressed or implied, regarding the usage,
functionality, or implied operability of this product. All elements
are available solely on an "as-is" basis. Usage is subject to the
user's own risk.
New or altered source code components are included with permission of
the respective authors and owners and are provided with the only
intention of facilitating in the integration of this production, or
components thereof, with other such freely available and non-commercial
productions. Authors are expressly forbidden to use these components,
or any other component of this production, as a basis for other
commercially available works or demonstration systems without prior
acknowledgement and consent from vengames.com or one of
vengames.com's duly appointed representatives, agents or
subsidiaries.
This package may be electronically distributed only free of charge to
the recipient in its current state, must include this .txt file, and
may not be modified in any way.
UNDER NO CIRCUMSTANCES IS THIS PACKAGE TO BE DISTRIBUTED ON
CD-ROM OR OTHER MEDIA COMMERCIALLY WITHOUT PRIOR PERMISSION
FROM THE LRCTF DEVTEAM OR VENGAMES.COM
=================
devteam@lrctf.com
http://www.vengames.com

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Terms and Conditions of Use
IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY WHEN PURCHASING OR ACCESSING THE LISTED SERVICES AND/OR SOFTWARE FROM LOGMEIN, INC. (“LMI INC.”) OR ITS WHOLLY OWNED SUBSIDIARY, LOGMEIN IRELAND LTD. (“LMI IRELAND”), AS APPLICABLE, (LMI INC. AND LMI IRELAND, TOGETHER REFERRED TO AS "LMI"). These terms and conditions ("Terms") govern the use and licensing by LMI of the following LogMeIn® cloud-based service(s): LogMeIn Backup®, BoldChat®, LogMeIn® CentralTM, LogMeIn Free®, LogMeIn Hamachi®, join.me®, LogMeIn Pro®, LogMeIn Rescue® or LogMeIn® Rescue+MobileTM, and any other related software or services, including the Network Console™ (each a "Service"). BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS, CLICKING THE "SUBMIT" OR "ACCEPT" BUTTONS, USING ANY OF THE SERVICES OR OTHERWISE INDICATING ACCEPTANCE OF THESE TERMS, YOU AND ANY PARTY OR ENTITY YOU ARE USING/PURCHASING THE SERVICE ON BEHALF OF (TOGETHER REFERRED TO AS "YOU" OR "YOUR"), REPRESENT AND WARRANT THAT: (I) YOU ARE AUTHORIZED TO BIND YOURSELF AND ANY OTHER PARTY ON WHOSE BEHALF YOU USE THE SERVICE AND/OR SOFTWARE AND (II) YOU AGREE TO BE BOUND BY ALL OF THESE TERMS (INCLUDING THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY SECTIONS SET FORTH BELOW) TO THE EXCLUSION OF ANY OTHER RIGHTS AND OBLIGATIONS, SUCH AS ANY RIGHTS, OBLIGATIONS OR OTHER TERMS LISTED ON A PURCHASE ORDER OR THE LIKE YOU MAY PROVIDE LMI AND YOU AGREE THAT ANY SUCH RIGHTS, OBLIGATIONS OR OTHER TERMS LISTED ON SUCH PURCHASE ORDER OR THE LIKE ARE HEREBY NULL AND VOID. YOU UNDERSTAND AND AGREE THAT WHEN ORDERING OR ACCESSING LMI’S SERVICES FROM COUNTRIES LOCATED OUTSIDE OF THE UNITED STATES YOU ARE ENTERING INTO A BINDING CONTRACT WITH LMI IRELAND, NOT LMI INC., AND LMI IRELAND SHALL SERVE AS THE SELLER OF RECORD TO YOU. FOR THE AVOIDANCE OF DOUBT, ANY REFERENCES TO “LMI” IN THESE TERMS RELATED TO (i) THE SALE OF SERVICES TO CUSTOMERS LOCATED OUTSIDE OF THE UNITED STATES OR (ii) THE REPORTING AND/OR PAYMENT OBLIGATIONS IN CONNECTION THEREWITH, SHALL BE CONSTRUED AS REFERENCES TO LMI IRELAND AND NOT LMI INC.
1. Registration
To use the Service, You may be required to complete and submit a registration form ("Registration Form"). As part of this registration process, You agree to: (i) provide certain limited information about Yourself as prompted to do so during the registration process or thereafter by the Service (such information to be current, complete and accurate) and (ii) maintain and update this information as required to keep it current, complete and accurate. The information requested at the time of the original signup shall be referred to as registration data ("Registration Data"). You may not register for any Service if You are under 18 years of age. By registering, You represent to LMI that You are 18 years of age or older. If LMI discovers that any of Your Registration Data is inaccurate, incomplete or not current, or if LMI determines, in its sole discretion, that You are not an appropriate subscriber or user of the Service, LMI may immediately terminate Your rights to access, receive, use and license the Service and its related software.
When using certain Service(s) provided by LMI hereunder, it may be possible for You to exchange limited personally identifiable information (“PII”) with LMI. LMI's Privacy Policy (https://secure.logmein.com/policies/privacy.aspx) describes how PII may be collected, used and disclosed. Your assent to these Terms constitutes an express understanding and agreement that when PII is provided to LMI in connection with the Service, through the LMI website, or otherwise under these Terms, such PII will be maintained and processed in the United States by LMI or a party acting on its behalf, as LMI's Services, software and website are provided via equipment and other resources located in the United States. To ensure that Your PII is handled with due care, LMI annually certifies to the U.S. Department of Commerce that it adheres to the Safe Harbor framework developed by the U.S. Department of Commerce in coordination with the European Union. The European Union's Directive on Data Protection prohibits the transfer of personal data to non-EU countries that do not provide an "adequate" level of privacy protection. Safe Harbor certification permits a "certified" entity to transfer personal data from the EU to the United States in accordance with the EU Directive.
2. End User Conduct
You are solely responsible for the content of Your computer(s) and Your LMI account and any transmissions when using the Service. Your use of the Service is subject to the Terms set forth herein and all applicable laws, rules and regulations, including local, state, national and international laws, rules and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You hereby agree: (i) to comply with all applicable laws, rules and regulations, including local, state, national and international laws, rules and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising); (ii) not to use the Service to post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus, trojan horse, worm or other harmful or destructive component; (iii) not to use the Service for any illegal purposes; (iv) not to delete from the Service, or its related software, documentation or any LMI website used in connection with the Service, any legal notices, disclaimers, or proprietary notices such as copyright or trademark notices, or modify any logos that You do not own or have express permission to modify; (v) not to use the Service to interfere or disrupt any other networks connected to the Service; (vi) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (vii) not to use the Service to transmit any unlawful, harassing, libelous, defamatory, racist, indecent, abusive, violent, threatening, intimidating, harmful, vulgar, obscene, offensive or otherwise objectionable material of any kind or nature. You will not attempt to gain unauthorized access to other computer systems or interfere with another user's use and enjoyment of the Service. You agree that You are responsible for all actions and inactions of Your employees and consultants and will use commercially reasonable efforts to monitor Your employees and consultants. LMI reserves the right to disable Your account or take any other action that LMI in its sole discretion deems necessary or appropriate in the event that LMI has reason to believe that You have violated the terms of this Section 2.
3. Passwords and Security
3.1 Certain Services provided by LMI hereunder require You to use an email address to create a username and choose a password for access to Your LogMeIn account (LMI recommends choosing a password for the Service that is different from the username and password to Your computer). You agree to carefully safeguard all of Your passwords. LMI does not maintain a database of user passwords so You are solely responsible if You do not maintain the confidentiality of Your passwords and account information. Furthermore, You are solely responsible for any and all activity that occurs under Your account. You agree to immediately notify LMI of any unauthorized use of Your account or any other suspected breach of security known to You, including if You believe that Your password and/or account information has been stolen or otherwise compromised. Access to, and use of, password-protected and/or secure aspects of the Service is restricted to authorized users only. Unauthorized individuals attempting to use the Service may be subject to prosecution.
3.2 LMI is not liable for any loss incurred by You resulting from another's use of Your password, account, or public / private key, as may be applicable, either with or without Your knowledge. However, You may be held liable for losses incurred by LMI or another party due to another's use of Your password, account, or public / private key, as may be applicable, either with or without Your knowledge. You shall not access or use someone else's account at any time, without the permission of the account holder.
3.3 LMI does not send emails asking for a user's LogMeIn username and password or any other username or password. To keep the Service secure, You should keep all usernames and passwords confidential.
4. End User License Agreement
LMI hereby grants You, pursuant to the Terms set forth herein, a royalty-free, nonexclusive, worldwide, non-transferable, right and license to access, use, execute and deploy the Service and other software associated with the Service (together, the "Licensed Programs") for the specified subscription term.
4.1 The Licensed Programs are made available for download solely for use by You and only according to these Terms. Any reproduction, resale or redistribution of the Licensed Programs that is not in accordance with these Terms is expressly prohibited, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. The Service is owned and operated by LMI and provided to You on a subscription basis; LMI is not transferring title to the Licensed Programs to You. The license granted hereunder may not be transferred by You to any third party and is non-exclusive.
4.2 You acknowledge that the Licensed Programs are proprietary to LMI and/or its suppliers and are protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. Therefore, You agree that You and the Contracting Party are only permitted to use the Licensed Programs as expressly authorized by LMI and these Terms. You may not remove any proprietary notices or labels from the Licensed Programs. You may not alter, modify, redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce the Licensed Programs to a human-readable form. You may not reproduce, distribute or create derivative works based on the Licensed Programs without expressly being authorized in writing to do so by LMI. Further, You may not rent, lease, grant a security interest in or otherwise transfer any rights to the Licensed Programs. All rights not expressly granted in these Terms are reserved to LMI and its suppliers.
4.3 ALL CONTENT ON WEBSITES AND COMPUTER PROGRAMS ASSOCIATED WITH THE SERVICE IS PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION OR CONTENT ON SUCH SITES MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM LMI. YOUAND ANY OTHER VISITOR OR USER ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON SUCH SITES FOR ANY PUBLIC OR COMMERCIAL PURPOSE.
5. Disclaimer of Warranties
5.1 Although LMI has attempted to provide accurate information with regard to the Service, LMI assumes no responsibility for the accuracy or inaccuracy of any information provided. Mention of non-LMI products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. Use of the Service is at Your own risk. LMI is not responsible for the images/sounds/etc. You may view or experience when accessing or viewing another party’s computer.
5.2 ALL INFORMATION, DOCUMENTATION AND SERVICES PROVIDED BY LMI ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LMI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE. LMI MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE. NOR DOES LMI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICES, WHETHER MADE BY EMPLOYEES OF LMI OR OTHERWISE, WHICH IS NOT CONTAINED IN THIS AGREEMENT, SHALL BE DEEMED TO BE A WARRANTY BY LMI FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF LMI WHATSOEVER.
6. Limitations of Damages and Liability
6.1 YOU AGREE THAT THE CONSIDERATION WHICH LMI IS RECEIVING HEREUNDER DOES NOT INCLUDE CONSIDERATION FOR ASSUMPTION BY LMI OF THE RISK OF YOUR SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES. LMI AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT PRODUCTS OR SERVICES, LOSS OR DAMAGE TO INFORMATION OR DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LMI BE LIABLE FOR DAMAGES RESULTING FROM USE OF THE SERVICE, OR RELIANCE ON THE INFORMATION PRESENTED IN CONNECTION WITH THE SERVICE, EVEN IF LMI OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE NOT TO ASSERT ANY SUCH CLAIM AGAINST LMI OR ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OR EMPLOYEES.
6.2 YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. IN NO EVENT SHALL LMI'S TOTAL LIABILITY FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO LMI, IF ANY, FOR THE SERVICE DURING THE 12 MONTHS IMMEDIATELY BEFORE THE CLAIM AROSE. IN THE EVENT THAT APPLICABLE LAW LIMITS THE EXCLUSION OF IMPLIED WARRANTIES OR THE ABOVE LIMITATIONS OF LIABILITY, THE MAXIMUM AMOUNT OF EXCLUSIONS ALLOWED UNDER APPLICABLE LAW SHALL BE APPLIED.
6.3 ALL DISCLAIMERS, LIMITATIONS OF WARRANTIES AND DAMAGES, AND CONFIDENTIAL COMMITMENTS SET FORTH IN THESE TERMS OR OTHERWISE EXISTING AT LAW (1) ARE OF THE ESSENCE OF THE AGREEMENT OF THE PARTIES, AND (2) SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS.
7. Title
7.1 Title, ownership rights and intellectual property rights in the Service shall remain with LMI or its suppliers, as applicable. The Service is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Service is the property of the applicable content owner and is protected by applicable law. The licenses granted under these Terms give You no rights to such content. "LogMeIn," associated logos, and other names, logos, icons and marks identifying LMI's Services are trademarks or service marks of LMI (collectively the "Trademarks") and may not be used without the prior written permission of LMI. All other product names mentioned are used for identification purposes only and may be trademarks or service marks of their respective holders. Nothing should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without the written permission of LMI or such third party that may own the Trademarks. Your use of the Trademarks except as provided in these Terms is strictly prohibited.
7.2 LMI shall have a royalty-free, worldwide, perpetual license to use or incorporate into the Service any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You relating to the operation of the Service.
8. Fees and Renewals
8.1 Month-to-Month Subscription by Credit Card Only. In the event that Your subscription to the Service is on a monthly basis, payment of the subscription fee will be by preauthorized credit card charge, PayPal charge or direct debit, and Your subscription will automatically renew each calendar month unless You provide LMI with written notice of non-renewal during the prior calendar month. Your credit card will be automatically charged the monthly fee for each month or partial month that Your monthly subscription is in effect.
8.2 Annual Subscription by Credit Card. In the event that Your subscription to the Service is for a year and the initial payment is by credit card, PayPal charge or direct debit, Your subscription will automatically renew at the beginning of each subsequent anniversary year unless You give LMI prior written notice of non-renewal at least thirty (30) days prior to the expiration of Your current year subscription. Upon any annual renewal, the payment arrangements in place for the prior subscription year shall remain in place, unless You and LMI agree otherwise.
8.3 Annual Subscription By Invoice. In the event that Your subscription to the Service is for a year and the initial payment is by check or bank draft against an invoice from LMI, payment shall be due within thirty (30) days' of the date of invoice. Additionally, Your subscription will automatically renew at the beginning of each subsequent anniversary year unless You or LMI give prior written notice of non-renewal at least thirty (30) days prior to the expiration of the current year subscription. Upon any annual renewal, the payment arrangements in place for the prior subscription year shall remain in place, unless You and LMI agree otherwise and LMI will invoice you accordingly.
8.4 Free Subscriptions. Notwithstanding the foregoing provisions of these Terms, Your subscription to any of LMI’s free Services do not require the payment of a subscription fee.
8.5 Non-U.S. Customer Renewals. If You are located outside of the United States, Your subscription to LMI’s Services shall automatically renew with LMI Ireland, not LMI Inc., and LMI Ireland shall serve as the seller of record to You for any subsequent subscription renewal terms.
8.6 No Cancellation. Notwithstanding any provision of these Terms or any course of dealing between the parties, You may not cancel, terminate or rescind a subscription during its term. All payments by You to LMI are final.
8.7 Credit Card Authorization. In the event that You cancel the credit card provided to LMI to pay for the Service or the card is otherwise terminated, You must immediately provide LMI with a new valid credit card number. You authorize LMI, from time to time, to undertake steps to determine whether the credit card number provided to LMI is a valid credit card number. In the event that You do not provide LMI with a current valid credit card number with sufficient credit upon request during the effective period of these Terms, You will be in violation of these Terms. You hereby authorize LMI to automatically update Your credit card information using software designed for updating purposes.
8.8 Payment via PayPal®. LMI also accepts payment via PayPal. In order to pay with PayPal, You must have an account with PayPal. When You select PayPal to make payments, the transaction is re-directed from LMI's site to PayPal's payment site. Once directed to PayPal's site, PayPal is charged with protecting Your personal and financial information. Your PayPal account and any activities related thereto are governed by PayPal's terms and conditions, and the information provided to PayPal in relation thereto will be governed by PayPal's privacy policy. When PayPal is used, Your financial information is not shared with LMI. Once payment is complete via PayPal, PayPal will email a receipt for this transaction. LMI reserves the right to request proof of identity from any PayPal member.
8.9 SMS Messaging. If You are licensing Rescue+Mobile pursuant to these Terms, You are entitled to a combined maximum of one hundred (100) SMS text messages per seat, per month. If You exceed this combined maximum amount per seat, per month, You agree to negotiate in good faith with LMI a commercially reasonable rate per text message over one hundred (100) per seat, per month.
8.10 Payment Due. Unless specifically provided otherwise herein, payment of all fees are due and payable to LMI without demand, invoicing or notice before the commencement of the period to which those fees apply.
8.11 Taxes. You agree to be responsible for and to pay any applicable sales, personal property, use, VAT, excise, withholding, or any other taxes that may be imposed, based on this license, use or possession of a Service, or any other product or service provided under this agreement, excluding taxes based on net income payable by LMI. If You are exempt from paying any sales, use or other taxes, You must provide LMI with appropriate evidence of tax exemption for all relevant jurisdictions.
8.12 Trial Offers, Coupons, Credits and Special Offers. LMI reserves the right to discontinue or modify any coupons, credits and special promotional offers at its discretion.
8.13 Information Purge. If You fail to make required payments regarding Your account or in any other way breach these Terms or these Terms are terminated or expire, LMI may, at its discretion, purge Your data from its systems, including but not limited to, account information, users, settings, and any data (files, etc.) that may be stored by LMI.
8.14 Use of join.me Conference Line. If You are licensing join.me pursuant to these Terms, the join.me conference line is free to use, but it is not a toll-free number. While LMI does not charge You for the use of the conference line, applicable roaming, data and other operator or carrier charges/fees may apply.
9. Termination
LMI may, in its sole discretion, immediately terminate these Terms and this subscription, license and right to use the Service if (i) You declare bankruptcy, is involved in any bankruptcy proceedings or is otherwise insolvent, (ii) You breach these Terms; (iii) LMI is unable to verify or authenticate any information You provide to LMI; or (iv) LMI decides, in its sole discretion, to discontinue offering the Service. LMI shall not be liable to You or any third party for termination of the Service or Customer’s use of the Service. Upon expiration or termination for any reason, You shall no longer be authorized to use the Service. When these Terms are terminated and/or the subscription is canceled, You will no longer have access to data and other material that You may have stored in connection with any Service and that material may be deleted by LMI. All disclaimers, limitations of warranties and damages, and confidential commitments set forth in these Terms or otherwise existing at law survive any termination, expiration or rescission of these Terms.
10. Software Modifications, Maintenance and Updates
10.1 LMI reserves the right to modify or discontinue any Service or software for any reason or no reason with or without notice to You. LMI shall not be liable to You or any third party should LMI exercise its right to modify or discontinue a Service or software.
10.2 LMI agrees that You shall be entitled to receive any and all standard updates and support that LMI provides to all of its users generally as part of Your subscription. Notwithstanding the previous sentence, LMI reserves the right to charge all of its users fees for any future versions of, or premium (i.e., charged for) updates to, the Service. You understand that LMI may update the Service and its related software at any time, but is under no obligation to inform You of any such updates. Unless LMI chooses to provide such updates to all of its users, these Terms do not grant You any right, license or interest in or to any premium support, maintenance, improvements, modifications, enhancements or updates to the Service, its related software or supporting documentation. To the extent that LMI supplies any updates to You, such updates will be deemed to be subject to these Terms unless LMI indicates otherwise.
11. Export Law Assurances
The Service and its related software are subject to the United States Export Administration Regulations. No software or Service may be downloaded, used or exported (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) any person or entity on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List or Entity List, or otherwise designated as prohibited from receiving U.S. exports. By subscribing to the Service or using any of the related software, You represent and warrant that You are not- and are not controlled by - any such person or entity and are not controlled by a national or resident of any such country.
12. High Risk Activities
The Service is not fault-tolerant and is not designed, manufactured or intended for use or resale as or with on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or aircraft communication systems, air traffic control, direct life support machines or weapon systems in which the failure of the Service could lead directly to death, personal injury or severe physical or environmental damage ("High Risk Activities"). Accordingly, LMI and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
13. Indemnification
You are responsible for maintaining the confidentiality of Your account and password(s). You are also responsible for all activities that occur under Your account. Therefore, You agree to indemnify, defend and hold LMI and its affiliates, employees, officers, directors, owners, information providers, agents, licensees, licensors (the "Indemnified Parties") harmless from and against any and all liabilities, claims, costs, including reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any third party demand, claims, action, suit, or loss arising as a result of (a) any breach by You of these terms of use or claims arising from Your account; (b) any fraud or manipulation by You; (c) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You; or (d) any claims of credit card fraud based on any information released by You. You agree to use best efforts to cooperate with LMI in the defense of any demand, claim, action or suit. LMI reserves the right to assume the exclusive defense of any matter subject to indemnification by You at LMI's own expense.
14. Confidentiality
You shall maintain the confidentiality of information that has been, and will continue to be, provided to You by LMI in connection with Your use of the Service. You specifically agree to the following confidentiality terms (the “Confidentiality Terms”):
14.1 Obligations. You shall (a) maintain in confidence all such information, including but not limited to the Service and its related software, (b) not disclose any such information to anyone except Your employees, agents, and consultants on a need-to-know basis (and who have been informed of and acknowledge their obligation to be bound by these Confidentiality Terms), and (c) not use LMI's confidential information for any purpose other than that for which it is disclosed. All confidential information shall remain the sole property of LMI. You shall have no right, title, or interest in or to the confidential information.
14.2 Confidential Information. Information considered confidential by LMI includes, without limitation, information of LMI relating to (a) matters of a technical nature such as trade secret processes or devices, know-how, data, formulas, inventions (whether or not patentable or copyrighted), specifications and characteristics of products or services planned or being developed, and research subjects, methods and results, (b) matters of a business nature such as information about costs, profits, pricing, policies, markets, sales, suppliers, customers, product plans, and business concepts, plans or strategies, (c) matters of a human resources nature such as employment policies and practices, personnel, compensation and employee benefits, (d) other information of a similar nature not generally disclosed by LMI to the public or other information You should reasonably believe to be confidential given the circumstances, (e) information concerning Your use of the Service, and (f) the Service itself and its associated software.
14.3 Exclusions. The obligations imposed by these Confidentiality Terms shall not apply to any information that (a) is proven by You to have been rightfully received from a third party without accompanying use or disclosure restrictions; (b) is or becomes generally publicly available through no wrongful act of You or any other person or entity with a confidentiality obligation; (c) is already known to You prior to the date of disclosure as evidenced by documentation bearing a date prior to the date of disclosure; (d) is approved for release in writing by an authorized representative of LMI; or (e) is required to be disclosed pursuant to a valid court order, duly authorized subpoena, or governmental authority (provided that You shall immediately give LMI written notice and an opportunity to contest such required disclosure).
14.4 Remedies. The remedy at law for any breach of any of the covenants and agreements set forth in these Confidentiality Terms may be inadequate, so in the event of any such breach or threatened breach, LMI shall, in addition to all other remedies which may be available to it at law, be entitled to equitable relief in the form of preliminary and permanent injunctions, without the necessity of proving damages. You further agree that these Confidentiality Terms shall in no way restrict or limit any other remedies LMI may have available at law and LMI may be entitled to recover the costs including reasonable attorney's fees, to enforce its rights under these Confidentiality Terms.
14.5 Return of Confidential Information. Upon the written request of LMI, You shall return, or certify that You have destroyed, all information disclosed under these Confidentiality Terms and any memorandum, diagrams, or any other documents containing any information disclosed under these Confidentiality Terms.
14.6 Enforceability. In the event any one or more of the provisions of these Confidentiality Terms shall be deemed invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
14.7 Application. These Confidentiality Terms shall control in lieu of and notwithstanding any proprietary or restrictive legends or statements inconsistent with these Confidentiality Terms that may be associated with any particular information disclosed hereunder.
14.8 Surviving Obligations. The confidentiality obligations imposed under these Confidentiality Terms shall survive any termination, expirations, or rescission of these Terms or Your subscription term, as well as continue beyond any time in which You were using the Service.
15. Force Majeure
No party shall be liable for any performance failure, delay in performance, or lost data under these Terms (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by: (i) failures of software or other computer programming (other than the Service purchased hereunder); (ii) natural weather events; or (iii) any other causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers; provided that in any such event, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon.
16. Miscellaneous
16.1 These Terms represent the complete agreement concerning the subject matter of the Terms and license granted hereunder. LMI may amend these Terms at any time by (i) posting a revised Terms document on or accessible through https://secure.logmein.com and/or (ii) sending information regarding the Terms amendment to the email address You may be required to provide to LMI. You are responsible for regularly reviewing the https://secure.logmein.com site to obtain timely notice of such amendments. You manifest intent to accept these amended terms if You continue to use the Service after such amended terms have been posted or sent to You. If You do not agree with any such amended terms You must notify LMI during the 30 day period after such amended terms have been posted and at the end of such 30 day period these Terms shall be deemed terminated unless LMI agrees to waive such amended terms to which You object.
16.2 These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and the laws of the United States, without giving effect to any principles of conflict of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Boston, Massachusetts, and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The parties specifically disclaim applicability of (i) the United Nations Convention on the Sale of Goods and (ii) any Incoterms.
16.3 If any of the provisions of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
16.4 LMI shall have the right to publish and identify You as a user of the Service. You agree that LMI may use any logo and/or name associated with You on LMI's website and other marketing materials in order to identify You as a LMI user.
16.5 Notices by LMI to You may be sent to the email address You provide on the Registration Form or otherwise by any means that LMI determines in its sole discretion as likely to come to Your attention. All notices sent by You to LMI in connection with these Terms shall be in writing and sent by first class mail or certified mail (receipt being deemed 72 hours after postage and return receipt requested) or personally delivered at the address of LMI set forth herein.
16.6 You agree not to bring or participate in any class action lawsuit against LMI or any of its employees or affiliates. You agree not to bring a claim under these Terms more than two years after the expiration of these Terms. The failure of LMI to partially or fully exercise any right shall not prevent the subsequent exercise of such right. The waiver by LMI of any breach shall not be deemed a waiver of any subsequent breach of the same or any other term of these Terms. No remedy made available to LMI by any of the provisions of these Terms is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and in addition to every other remedy available at law or in equity.
16.7 You acknowledge and agree that LMI is in the business of providing remote access, remote support, collaboration and data management solutions and that LMI may provide such services to third parties, including any competitors of You, which are the same or similar to the services provided to You hereunder.
16.8 These Terms shall be binding upon and inure to the benefit of the parties and their permitted assigns. Neither party may assign this Agreement, or assign its rights or delegate its duties hereunder (whether directly or indirectly, in whole or in part, by operation of law or otherwise) without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, LMI may assign this Agreement, without Your prior written consent in connection with a merger, acquisition, change of control or sale of substantially all of its assets (or any substantially similar transaction). Additionally, LMI may assign all or any part of the performance of this Agreement to an Affiliate Entity without Your prior written consent. For the purposes of this section, the term “Affiliate Entity” shall mean any entity that now or in the future controls, is controlled by, or is under common control with LMI.
Copyright © 2003 – 2013 LogMeIn, Inc. All rights reserved.

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Copyright 2008 Sony Corporation of America
Permission is hereby granted, free of charge, to any person obtaining
a copy of this Library and associated documentation files (the
"Library"), to deal in the Library without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Library, and to
permit persons to whom the Library 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 Library.
If you modify the Library, you may copy and distribute your modified
version of the Library in object code or as an executable provided
that you also do one of the following:
Accompany the modified version of the Library with the complete
corresponding machine-readable source code for the modified version
of the Library; or,
Accompany the modified version of the Library with a written offer
for a complete machine-readable copy of the corresponding source
code of the modified version of the Library.
THE LIBRARY 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
LIBRARY OR THE USE OR OTHER DEALINGS IN THE LIBRARY.

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Copyright 1999-2007 ImageMagick Studio LLC, a non-profit organization dedicated to making software imaging solutions freely available.
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 intentionally sent to the Licensor by its copyright holder 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 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.
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:
a. You must give any other recipients of the Work or Derivative Works a copy of this License; and
b. You must cause any modified files to carry prominent notices stating that You changed the files; and
c. 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
d. 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.

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You can use this module freely. (Someone complained this is too vague.
So, more precisely: do whatever you want with it, but be warned that
terrible things will happen to you if you use it badly, like for sending
spam, or ...?)

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MakeIndex Distribution Notice
11/11/1989
Copyright (C) 1989 by Chen & Harrison International Systems, Inc.
Copyright (C) 1988 by Olivetti Research Center
Copyright (C) 1987 by Regents of the University of California
Author:
Pehong Chen (phc@renoir.berkeley.edu)
Chen & Harrison International Systems, Inc.
Palo Alto, California
USA
Permission is hereby granted to make and distribute original copies of
this program provided that the copyright notice and this permission
notice are preserved and provided that the recipient is not asked to
waive or limit his right to redistribute copies as allowed by this
permission notice and provided that anyone who receives an executable
form of this program is granted access to a machine-readable form of
the source code for this program at a cost not greater than reasonable
reproduction, shipping, and handling costs. Executable forms of this
program distributed without the source code must be accompanied by a
conspicuous copy of this permission notice and a statement that tells
the recipient how to obtain the source code.
Permission is granted to distribute modified versions of all or part
of this program under the conditions above with the additional
requirement that the entire modified work must be covered by a
permission notice identical to this permission notice. Anything
distributed with and usable only in conjunction with something derived
from this program, whose useful purpose is to extend or adapt or add
capabilities to this program, is to be considered a modified version
of this program under the requirement above. Ports of this program to
other systems not supported in the distribution are also considered
modified versions. All modified versions should be reported back to
the author.
This program is distributed with no warranty of any sort. No
contributor accepts responsibility for the consequences of using this
program or for whether it serves any particular purpose.

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THIS HARDWARE, SOFTWARE OR TEST SUITE PRODUCT (“PRODUCT(S)”) AND ITS RELATED
DOCUMENTATION ARE PROVIDED BY MELLANOX TECHNOLOGIES “AS-IS” WITH ALL FAULTS OF ANY
KIND AND SOLELY FOR THE PURPOSE OF AIDING THE CUSTOMER IN TESTING APPLICATIONS THAT
USE THE PRODUCTS IN DESIGNATED SOLUTIONS. THE CUSTOMER'S MANUFACTURING TEST
ENVIRONMENT HAS NOT MET THE STANDARDS SET BY MELLANOX TECHNOLOGIES TO FULLY
QUALIFY THE PRODUCT(S) AND/OR THE SYSTEM USING IT. THEREFORE, MELLANOX TECHNOLOGIES
CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT THE PRODUCTS WILL OPERATE WITH THE
HIGHEST QUALITY. ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT ARE DISCLAIMED. IN NO EVENT SHALL MELLANOX BE LIABLE TO CUSTOMER OR
ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, PAYMENT FOR 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 FROM THE USE OF THE
PRODUCT(S) AND RELATED DOCUMENTATION EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.

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TERMS OF USE
These terms (“Terms of Use”) apply to the use of our website at http://www.mendeley.com (the "Site"), and our software (the "Software") downloaded from the Site (collectively, the “Services”). Please read these Terms of Use carefully before you start to use the Services. These Terms of Use include the Site’s privacy policy, Copyright and Intellectual Property Policy and any additional terms or product requirements applicable to the Services you use. By using our Services, you are agreeing to these Terms of Use.
We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
1. INFORMATION ABOUT US
1.1. The Services are provided by Mendeley Limited ("we", "us" and "our"). We are registered in England and Wales under company number 6419015 and have our registered office at White Bear Yard, 144a Clerkenwell Road, London, EC1R 5DF, United Kingdom. Our VAT number is 494 6272 12.
2. PURPOSE
2.1. The principal purposes of the Services are to:
2.1.1. assist you in the cataloguing and managing of your academic papers and articles ("Academic Papers");
2.1.2. share your academic and scientific knowledge with selected colleagues;
2.1.3. discover academic knowledge and enable detailed search of academic papers;
2.1.4. put you in touch with like-minded people and facilitate research projects;
2.1.5. provide data and analytics to help monitor, guide and facilitate the research being undertaken across your institution.
3. ACCESSING OUR SITE
3.1. We restrict access to certain parts of our Site to users who have registered with us. If you register with us, you must provide true and accurate information about yourself. Should the registration information provided prove false or misleading (including your personal details), we may suspend or terminate your account.
3.2. We restrict access to the Mendeley Institutional Edition portion of our Site to users who are covered by their institution’s license agreement granting such access, if any. If you are covered by such license agreement, additional terms detailed therein govern your use of the Services.
3.3. If you choose a password or any other piece of information as part of our security procedures, you must take reasonable steps to keep such information confidential and secure, and you must not disclose it to any third party. We have the right to disable any account or password, if in our reasonable opinion, your account information has been compromised. You must tell us immediately if you become aware of or suspect any unauthorised use of your account or access to your password.
4. OUR SOFTWARE
4.1. We hereby grant to you a non-exclusive, personal, non-transferable license, in accordance with these Terms of Use, to:
4.1.1. download, install and use the Software for the purposes of cataloguing and managing your Academic Papers, including making a back-up copy of your Academic Papers;
4.1.2. distribute the Software so that other users may install and use the Software for the purposes of cataloguing and managing their Academic Papers; and
4.1.3. make a copy of the Software for back-up purposes.
4.2. When you download our Software and connect it to a Mendeley web account by entering your account details, our Software collects (even while you are offline) certain data which is uploaded to our servers when you synchronize your Software and Mendeley web account, specifically, data relating to:
4.2.1. Academic Papers such as the author name, title and keywords for the purpose of assisting in the:
cataloguing of your and other user's Academic Papers;
indexing of academic articles and materials;
searching of the indexed academic articles and materials;
improving the document recognition process for all users;
4.2.2. reading, cataloguing and accessing your Academic Papers for the purpose of:
generating recommendations for you including articles that you may be interested in reading and these recommendations are displayed in your private account;
preparing individualized statistical information which will only be made available to you via your account; and
generating anonymous aggregate statistical information regarding the interests, habits and reading patterns of all users and/or certain sub-groups of our users such as all users at your institution.
4.3. Except as we permit in these Terms of Use or as permitted by any local law, you undertake:
4.3.1. to use our Software only in accordance with the Terms of Use;
4.3.2. not to copy, rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the whole or any part of our Software, nor permit our Software or any part of it to be combined with, or become incorporated in, any other programs (though you may contact us at office [at] mendeley [dot] com to seek a written permission from us to do so);
4.3.3. not to disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of our Software nor attempt to do any such thing except to the extent that such actions cannot be prohibited by law;
4.3.4. not to remove or alter our (or our licensors’) copyright or other proprietary notice on our Software.
4.4. Save for the Content (as defined below), you acknowledge that we are the owner of or the licensee of all intellectual property rights in our Site and in the material published on it, including the Software, and that you have no rights in or to our Software other than the right to use the Software in accordance with these Terms of Use.
5. INTERACTIVE AND SOCIAL NETWORKING SERVICES
5.1. We may from time to time provide interactive services on our Site, including, without limitation:
5.1.1. forums for discussion of issues of interest to users and members of our Site;
5.1.2. wikis for users and members to share and collaborate on knowledge relating to issues of mutual interest;
5.1.3. social networking services where registered members can: (i) create online personal profiles; and (ii) interact with other members;
5.1.4. facilities for the uploading and sharing of users' and members' Academic Papers with other users or private user groups you have created;
5.1.5. generation of statistics and recommendations.
5.2. We do not oversee, monitor or moderate the content that you upload to our Site using our interactive services and neither do we vet or screen users of our Site.
6. ACCEPTABLE USE
6.1. You may use our Services only for lawful purposes. Accordingly, you may only post versions of Academic Papers or other Content (as defined below) on the Site if you have the right to do so. By way of example, while many journal publishers permit posting of some versions of Academic Papers, most journals restrict the sharing of final versions. To be sure you have the right to upload such content, you should review your publishing agreement, the publisher’s copyright policies, and/or any other applicable information prior to posting any version of an Academic Paper.
6.2. "Content" shall mean any material you post on or through the Site, including, without limitation, Academic Papers and any comments on forums, wikis, personal profiles and communications with members. By using the Site and posting any Content, you permit us to extract metadata and convert to PDF form, for indexing and improved searchability purposes only, any such Content that you post or upload to the Site. We do not claim any ownership rights in your or any other user’s Content. After posting or uploading your Content to the Site, except for the permissions granted to us hereunder, you continue to retain all your rights in such Content.
6.3. By posting your Content you represent and warrant that: (i) your Content is original to you and/or is licensed and fully cleared to permit us to use such Content as contemplated herein; (ii) your Content was produced in compliance with all applicable laws and regulations; (iii) your Content does and will not, in any way, violate or breach any of these Terms of Use; (iv) your Content does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation; (v) your Content is not obscene or in any other manner unlawful; (vi) your Content shall not be injurious to the health of any user; and (vii) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of your Content.
6.4. You may not use our Services:
6.4.1. to send, knowingly receive, upload, download, use or re-use any Academic Papers without authorization. You may perform these actions only if you are the copyright owner, have the copyright owner’s permission, are permitted to do so under your publishing agreement or your institution’s license agreement or under license from an Open Access database or under a Creative Commons license.
6.4.2. in any way that breaches any applicable local, national or international law or regulation;
6.4.3. in any way that is unlawful or fraudulent, or that advocates, promotes or assists any unlawful act, or that may deceive any person or that breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence or that may be harmful to a user;
6.4.4. in any way that is defamatory of any person, obscene, offensive, hateful or inflammatory;
6.4.5. in any way that promotes sexually explicit material, violence, or discrimination of any kind;
6.4.6. in any way that infringes any copyright, database right, trade mark or other intellectual property right of any other person;
6.4.7. in any way that is threatening, abusive or invades another’s privacy, or is likely to harass, upset, embarrass, alarm or annoy any other person;
6.4.8. to impersonate any person, or to misrepresent your identity or affiliation with any person;
6.4.9. to upload, post, email, message, transmit or otherwise make available or initiate any content that includes any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “market research”, or any other form of solicitation whether it be for commercial or non-commercial purposes. This prohibition includes but is not limited to (a) using Mendeley invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using Mendeley to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission.
6.4.10. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
6.5. Unless you have express prior written permission, you may not use any spider- or bot-like system, software or other device or program (whether automated or otherwise) to extract content, data, information or other material from the Site.
6.6. You also agree:
6.6.1. not to access without authority, interfere with, damage or disrupt:
any part of our Site;
any equipment or network on which our Site is stored;
our Software or any software used in the provision of our Site; or
any equipment or network or software owned or used by any third party.
6.6.2. to use our Services only for research related activity (e.g, not to store your personal collection of movies, music and other large file types unrelated to your research activities).
6.7. You may form more than one private group as part of a Mendeley for Teams package only if you intend to be active in all such groups; you may not form more than one private group to act solely as an administrator.
7. FAILURE TO COMPLY WITH THESE TERMS OF USE
7.1. To raise complaints regarding alleged copyright or other intellectual property infringement, you must follow the instructions set forth on the Copyright and Intellectual Property Policy page. For all other complaints about the use of our Site or Content (as defined below) posted to our Site, please contact us at complaints [at] mendeley [dot] com. We request that you provide a sufficiently detailed description of the basis of your complaint and your contact information in case additional information is necessary. We will then review your complaint and decide whether there has been a failure to comply with our Terms of Use. If not, we will deal with the matter as described below. We will inform you of the outcome of our review within a reasonable time of receiving your complaint.
7.2. If we determine, in our sole discretion and judgment, that you have failed to comply with these Terms of Use we reserve the right at any time to take all or any of the following actions (and any other action we reasonably deem appropriate):
7.2.1. temporary or permanent withdrawal of your right to use our Site and/or closure of your account;
7.2.2. temporary or permanent removal of any posting or material uploaded by you to our Site;
7.2.3. issue of a warning to you;
7.2.4. legal action against you including proceedings for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
7.2.5. disclosure of such information to law enforcement authorities or third party complainants as we reasonably feel is necessary or required;
7.2.6. disclosure of your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, right to privacy or other legal rights;
7.2.7. use any technological, legal, operational or other means available to us to enforce the provisions of these Terms of Use.
7.3. You hereby hold harmless and indemnify us and our affiliates, officers, agents and employees from and against any claim, suit or action made by any third party arising from or related to your use of the Services or violation of these Terms of Use, including any liability or expense arising from losses, damages, claims, costs and reasonable attorneys’ fees.
8. DELETION OF CONTENT
8.1. Except as set out in 8.2, you may delete your Content at any time using the automated account deactivation tool. When you delete your Content, our right to use it shall cease save that we may retain a copy in backup for a reasonable period of time and as necessary to comply with our legal obligations. However, the deleted Content will not be generally available to other users or registered members.
8.2. Where you make use of the interactive features of our Services to share Content with others, you may not be able to delete such shared Content.
9. OUR SITE CHANGES REGULARLY
9.1. We aim to update our Site regularly. If the need arises such as an operational issue, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
9.2. Although we aim to keep the Services available at all reasonable times, we may withdraw, suspend or amend the Services in whole or in part without notice including, for example, in the event of technical failures, upgrades, routine or emergency repair work or some reason outside our control. We will not be liable if for any reason our Services are unavailable at any time or for any period.
10. LIMITATION OF LIABILITY
THE SERVICES AND ALL CONTENT ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ALL FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED, OR THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services.
You understand, acknowledge and agree that you are assuming the entire risk as to your use of the Services and the Content, including without limitation the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, non-infringement, security and validity of any and all features and functions of the Services, your Content and materials associated with your use of the Services.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE, ANY OF OUR AFFILIATES, OR OUR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
We do not claim ownership, endorse or take responsibility for any third-party product, information, guidelines, materials or services that may be offered, advertised, provided or displayed on the Site or incorporated in the Content, products or services contained on, accessible from or distributed through the Site.
Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in these Terms of Use may not apply to you.
11. RELIANCE ON SITE INFORMATION
11.1. We do not claim that the information on any specific subject contained on our Site is accurate, comprehensive, verified, complete or error free. Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. You should seek appropriate professional advice.
12. UNITED STATES OF AMERICA FEDERAL AGENCIES
12.1. Use by U.S.A. federal agencies will follow the amended terms found here.
13. LINKS FROM OUR SITE
13.1. Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
14. JURISDICTION AND APPLICABLE LAW
14.1. The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, our Services although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.
15. YOUR CONCERNS
15.1. If you have any comments on our Site or our Software, please contact us.
Thank you for visiting our Site and using our Software.
These Terms of Use were last updated on February 6, 2014.
Copyright © 2013 Mendeley Ltd. – All Rights Reserved.

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Nmap Public Source License Version 0.92
For more information on this license, see https://nmap.org/npsl/
0. Preamble
The intent of this license is to establish freedom to share and change
the software regulated by this license under the open source model. It
also includes a Contributor Agreement and disclaims any warranty on
Covered Software. Proprietary software companies wishing to use or
incorporate Covered Software within their programs must contact
Licensor to purchase a separate license. Open source developers who
wish to incorporate parts of Covered Software into free software with
conflicting licenses may write Licensor to request a waiver of terms.
If the Nmap Project (directly or through one of it's commercial
licensing customers) has granted you additional rights to Nmap or Nmap
OEM, those additional rights take precedence where they conflict with
the terms of this license agreement.
This License represents the complete agreement concerning subject
matter hereof. It contains the license terms themselves, but not the
reasoning behind them or detailed explanations. For further
information about this License, see https://nmap.org/npsl/ . That page
makes a good faith attempt to explain this License, but it does not
and can not modify its governing terms in any way.
1. Definitions
* "Contribution" means 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 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, web sites,
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" means Licensor and any individual or Legal Entity on
behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.
* "Covered Software" means 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
* "Derivative Work" or "Collective Work" means 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. It includes software as described in Section 3 of this
License.
* "Executable" means Covered Software in any form other than Source Code.
* "Externally Deploy" means to Deploy the Covered Software in any way
that may be accessed or used by anyone other than You, used to
provide any services to anyone other than You, or used in any way to
deliver any content to anyone other than You, whether the Covered
Software is distributed to those parties, made available as an
application intended for use over a computer network, or used to
provide services or otherwise deliver content to anyone other than
You.
* "GPL" means the GNU General Public License Version 2, as published
by the Free Software Foundation and provided in Exhibit A.
* "Legal Entity" means 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.
* "License" means this document, including Exhibits.
* "Licensor" means Insecure.Com LLC and its successors and assigns.
* "Main License Body" means all of the terms of this document,
excluding Exhibits.
* "You" (or "Your") means an individual or Legal Entity exercising
permissions granted by this License.
2. General Terms
Covered Software is licensed to you under the terms of the GPL
(Exhibit A), with all the exceptions, clarifications, and additions
noted in this Main License Body. Where the terms in this Main License
Body conflict in any way with the GPL, the Main License Body terms
shall take precedence. These additional terms mean that You may not
distribute Covered Software or Derivative Works under plain GPL terms
without special permission from Licensor.
You are not required to accept this License. However, nothing else
grants You permission to use, copy, modify or distribute the software
or its derivative works. These actions are prohibited by law if You do
not accept this License. Therefore, by modifying, copying or
distributing the software (or any work based on the software), You
indicate your acceptance of this License to do so, and all its terms
and conditions. In addition, you agree to the terms of this License by
clicking the Accept button or downloading the software.
3. Derivative Works
This License (including the GPL portion) places important restrictions
on derived works. Licensor interprets that term quite broadly. To
avoid any misunderstandings, we consider software to constitute a
"derivative work" of Covered Software for the purposes of this license
if it does any of the following:
* Integrates source code from Covered Software
* Reads or includes Covered Software data files, such as nmap-os-db or
nmap-service-probes.
* Is designed specifically to execute Covered Software and parse the
results (as opposed to typical shell or execution-menu apps, which
will execute anything you tell them to).
* Includes Covered Software in a proprietary executable installer. The
installers produced by InstallShield are an example of
this. Including Nmap with other software in compressed or archival
form does not trigger this provision, provided appropriate open
source decompression or de-archiving software is widely available
for no charge. For the purposes of this license, an installer is
considered to include Covered Software even if it actually retrieves
a copy of Covered Software from another source during runtime (such
as by downloading it from the Internet).
* Links (statically or dynamically) to a library which does any of the
above
* Executes a helper program, module, or script to do any of the above.
This list is not exclusive, but is meant to clarify Licensor's
intentions with some common examples. Distribution of any works
which meet these criteria must be under the terms of this license
(including this Main License Body and GPL), with no additional
conditions or restrictions. They must abide by all restrictions that
the GPL places on derivative or collective works, including the
requirements for distributing their source code and allowing
royalty-free redistribution.
4. Contributor Agreement (Grant of Copyright and Patent Licenses)
Each Contributor hereby grants to Licensor 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 Contribution and such
Derivative Works in Source or Object form.
Each Contributor hereby grants to You and Licensor 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.
Contributors may impose different terms on their Contributions by
stating those terms in writing at the time the Contribution is
made. Contributors may withhold all authority from Licensor to
incorporate submissions by conspicuously marking or otherwise
designating them in writing as "Not a Contribution" at the time they
make the work available.
5. Disclaimer of Warranty and Limitation of Liability
Unless required by applicable law or agreed to in writing, Licensor
provides the Covered Software (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 Covered Software and assume any risks associated
with Your exercise of permissions under this License.
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 Covered Software (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.
6. External Deployment
If You Externally Deploy Covered Software, such as hosting a website
designed to execute Nmap scans for users, the system and its
documentation must, if technically feasible, prominently display a
notice stating that the system uses the Nmap Security Scanner to
perform its tasks. If technically feasible, the notice must contain a
hyperlink to https://nmap.org/ or provide that URL in the text.
7. 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 Covered Software.
8. 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 Covered Software
infringes a patent. This termination provision shall not apply for an
action alleging patent infringement by combinations of the Covered
Software with other software or hardware.
9. Jurisdiction, Venue and Governing Law
This License is governed by the laws of the State of Washington and
the intellectual property laws of the United States of America,
excluding the jurisdiction's conflict-of-law provisions. Any
litigation or other dispute resolution between You and Licensor
relating to this License shall take place in the Northern District of
California, and You and Licensor 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.
10. Npcap and the Official Nmap Windows Builds
The official Windows Nmap builds includes the Npcap driver and library
(https://npcap.org) for packet capture and transmission on
Windows. That software is under its own separate license terms rather
than this license. Therefore anyone wishing to use or redistribute
both pieces of software must comply with both licenses. Since Npcap
does not allow for redistribution without special permission, the
official Nmap Windows builds which include Npcap may not be
redistributed without special permission. Such permission can be
requested by email to sales@nmap.com.
11. Permission to link with OpenSSL
Licensor grants permission to link Covered Software with any version
of the OpenSSL library from OpenSSL.Org, and distribute linked
combinations including the two (assuming such distribution is
otherwise allowed by this agreement). You must obey this License in
all respects for all code used other than OpenSSL.
12. Waiver; Construction
Failure by Licensor 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. Enforceability
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 hereto, such provision shall be reformed to the minimum
extent necessary to make such provision valid and enforceable.
Exhibit A. The GNU General Public License Version 2
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, 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 Lesser 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
[For brevity, we've cut out the GPL's final section on "How to Apply
Tehse Terms to Your New Program", but you can find that at
https://www.gnu.org/licenses/gpl-2.0.html#SEC4 ]

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END-USER LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY: Please be sure to carefully read and understand all of the rights and restrictions described in this End-User License Agreement ("EULA").
AGREEMENT
This document is an agreement between you and Atari, Inc. and its affiliated companies ("Company"). The enclosed software game disc(s), cartridge or Game Pak ("Software") and any accompanying printed materials are licensed to you only on the condition that you accept all of the terms contained in this EULA.
By opening this package and installing or otherwise using the Software you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA you may not install or use the Software and within 15 days of purchase you must call the Tech Support telephone number listed in the manual accompanying the Software (the "Manual"). Select the Automated Phone System's Main Menu option for Consumer Services and follow the prompts.
You will be given a Return Merchandise Authorization number (RMA #) by the technician. You then have 15 days from the date of this contact to return the Software in its protective covering, the Manual and the original sales invoice to the address supplied to you.
If this is a PC product, when you install the Software you will be asked to review and either accept or not accept the terms of the EULA by clicking the "I Accept" button. By clicking the "I Accept" button you acknowledge that you have read the EULA, understand it and agree to be bound by its terms and conditions.
COPYRIGHT
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, music, text and "applets" incorporated into the Software) and any printed materials accompanying the Software are owned by the Company or its Licensors.
GRANT OF LICENSE
The Software is licensed and not sold to you and its use is subject to this EULA. The Company grants you a limited, personal, non-exclusive license to use the Software in the manner described in the user documentation. The Company reserves all rights not expressly granted to you in this EULA.
PERMITTED USES
1. If the Software is configured for loading on a hard drive, you may install and use the Software on a single computer.
2. You may make and maintain one copy of the Software for backup and archival purposes, provided that the original and copy of the Software are kept in your possession.
3. You may permanently transfer all your rights under this EULA, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials and any upgrades) and the recipient reads and accepts this EULA.
RESTRICTIONS
1. You may not delete or obscure any copyright, trademark or other proprietary notice on the Software or accompanying printed materials.
2. You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software.
3. You may not copy, rent, lease, sublicense, distribute, publicly display the Software, create derivative works based on the Software (except to the extent expressly permitted in the Editor and End-User Variation section of this Agreement or other documentation accompanying the Software) or otherwise commercially exploit the Software.
4. You may not electronically transmit the Software from one computer, console or other platform to another or over a network.
5. You may not use any backup or archival copy of the Software for any purpose other than to replace the original copy in the event it's destroyed or becomes defective.
EDITOR AND END-USER VARIATIONS
If the Software includes a feature that allows you to modify the Software or to construct new variations (an "Editor"), you may use such Editor to create modifications or enhancements to the Software, including the construction of new levels (collectively the "Variations"), subject to the following restrictions. Your Variations: (i) must only work with the full, registered copy of the Software; (ii) must not contain modifications to any executable file; (iii) must not contain any libelous, defamatory or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party; (iv) must not contain any trademarks, copyright-protected work or other property of third parties; and (v) may not be commercially exploited by you, including but not limited to making such Variations available for sale or as part of a pay-per-play or timesharing service.
TERMINATION
This EULA is effective until terminated. You may terminate this EULA at any time by destroying the Software. This EULA will terminate automatically without notice from the Company if you fail to comply with any provisions of this EULA. All provisions of this EULA as to warranties, limitation of liability, remedies and damages will survive termination.
LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES
You are aware and agree that use of the Software and the media on which is recorded is at your sole risk. The Software and media are supplied "AS IS." Unless otherwise provided by applicable law, the Company warrants to the original purchaser of this product that the Software storage medium will be free from defects in materials and workmanship under normal use for ninety (90) days from the date of purchase. The warranty is void if the defect has arisen through accident, abuse, neglect or misapplication. If the Software fails to conform to this warranty, you may at your sole and exclusive remedy, obtain a replacement free of charge if you return the defective Software. Follow the Product Return Procedures described in the Manual. The Company does not warrant that the Software or its operations or functions will meet your requirements, or that the use of the Software will be without interruption or error.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY OR ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO THE SOFTWARE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE SOFTWARE.
CHOICE OF LAW AND VENUE
This EULA is governed by the laws of the United States of America and the State of New York, exclusive of its conflicts of law provisions. The exclusive venue for litigation regarding or arising from this EULA is New York County, New York and you agree to submit to the Jurisdiction of the courts of New York County, New York for any such litigation.
MISCELLANEOUS
If any provision or portion of this EULA is found to be unlawful, void, or for any reason unenforceable, it will be severed from and in no way affect the validity or enforceability of the remaining provisions of the EULA.
This EULA constitutes the entire agreement between you and the Company regarding the Software and its use.

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OPERA SOFTWARE END-USER LICENSE AGREEMENT FOR OPERA DESKTOP BROWSER FOR OPEN SOURCE OPERATING SYSTEMS
BY ACCEPTING DELIVERY OF THE SOFTWARE AND/OR SERVICES, YOU (HEREINAFTER “USER”) ARE EXPRESSLY AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER BY OPERA SOFTWARE, ASA (“Opera”), ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. OPERA IS WILLING TO MAKE THE SOFTWARE AVAILABLE TO USER ONLY UPON THE CONDITION THAT USER ACCEPTS THE TERMS OF THIS AGREEMENT. WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT.
TERMS AND CONDITIONS. This End-User License Agreement (the “Agreement”) is between User and Opera. This Agreement governs User’s use of the Software provided to User by Opera, including any releases of or to the Software that User may receive from Opera, together with the documentation included therewith.
1. DEFINITIONS. For purposes of this Agreement, the following terms will have the following meanings:
1.1 “User” means the legal entity or person who orders or downloads the Software and/or activates the Services.
1.2 “Documentation” means the standard end-user technical documentation, specifications, materials and other information Opera supplies with the Software and/or Services.
1.3 “Services” means the various services to which Opera provides users with access, including without limitation, Opera Turbo, the My Opera community, the Opera Portal website, the Dev.Opera website, the Opera Add-ons website, Opera Unite, search services, personalized content and branded offering through its network of services that may be accessed through any various medium or device now known or hereafter developed.
1.4 “Software” means the proprietary Opera software products (in object code format only) delivered to User hereunder (including but not limited to the Opera browser ), together with any update or upgrade thereto, when and if made available to you by Opera. Software does not include Third-Party Software.
1.5 “Third-Party Software” means the software of certain third parties that Opera may deliver with the Software, including but not limited to widgets or extensions of certain third parties and independent developers.
1.6 “Use” means to cause a computer system to execute any machine-executable portion of the Software in accordance with the Documentation or to make use of any Documentation or related materials in connection with the execution of any machine-executable portion of the Software
2. LICENSE. Subject to the terms and conditions of this Agreement, Opera hereby grants User a limited, non-exclusive, non-transferable, non-sublicensable license: (i) to use the Services and to install and Use the Software supplied to User hereunder, as installed on your personal computer, including your laptop, desktop or on computers within User's organization; and (ii) to reproduce and distribute the Software without modification, provided that any such reproduction or distribution of the Software by User: (i) must be in an application repository for a desktop Open Source OS distribution (expressly excluding distribution for embedded Open Source OS); (ii) must be made available free of charge for end-users; (iii) must be subject to and distributed with a copy of this Agreement; and (iv) no automatic modification of the default search engines in the Software settings is done at any time, including but not limited to after the Software is installed.
3. LICENSE RESTRICTIONS AND THIRD-PARTY SOFTWARE.
3.1 User shall not and shall not allow any third party to: (a) use the Software or Services except as expressly permitted under Section 2; (b) separate the component programs of the Software for use on different computers; (c) adapt, alter, publicly display, publicly perform, translate, embed into any other product, or otherwise create derivative works of, or otherwise modify the Software or Services; (d) sublicense, lease, rent, loan, or distribute the Software or Services to any third party; (e) transfer the Software or Services to any third party; (f) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software, (i) except as permitted by applicable law, or (ii) solely to the extent required to debug changes to any third party LGPL-libraries linked to by the Software; (g) remove, alter or obscure any proprietary notices on the Software or Services, or the applicable documentation therefore; or (h) allow third parties to access or use the Software or Services, including without limitation any use in any application service provider environment, service bureau, or time-sharing arrangements.
3.2 Third-Party Software is subject to separate terms and conditions included with, or contained in the setup installation segments of such Third-Party Software. The license restrictions contained in this Agreement do not apply to Third-Party Software to the extent they are inconsistent with such Third-Party Software terms. . Opera shall not be responsible for any Third Party Software.
4. USE OF SERVICES
4.1 Opera provides users with access to a rich collection of resources and Services, including without limitation various communications tools, forums such as the “My Opera” community site, and personalized content through its network of services which may be accessed through any various medium or device now known or hereafter developed. Certain features of these Services may allow User to post or send content that can be viewed by others (“User-Generated Content”). User agrees that Opera is not liable for User-Generated Content that is provided by others. Opera has no duty to pre-screen User-Generated Content, but Opera has the right to refuse to post, edit, or deliver submitted User-Generated Content. Opera reserves the right to remove User-Generated Content for any reason, but Opera is not responsible for any failure or delay in removing such material. Opera reserves the right to block any user's access to any content, website or webpage that Opera provides in our sole discretion.
4.2 Disputes may arise between User and others or between User and Opera related to content, including User-Generated Content. Such disputes could involve, among other things, the use or misuse of domain names; the infringement of copyrights, trademarks, or other rights in intellectual property; defamation; fraud; the use or misuse of information; and problems with online auction or commerce transactions. User agrees that all claims, disputes or wrongdoing that result from, or are related in any way to, the content of information that User posts, transmits, re-transmits or receives through the Services, Opera's network or Software are User’s sole and exclusive responsibility. Opera may at its discretion block certain websites or domains and re-route you to other pages.
4.3 The use of several of the Services, including Opera Link, requires that User is a registered Opera ID user. You can register for an Opera ID without any charge at http://my.opera.com/. Opera Link allows User to synchronize some data, such as bookmarks, among their Opera for desktop, Opera Mobile, Opera Mini Web browsers and through the Opera Link API. The Terms of Service for the Services is found at http://my.opera.com/community/terms-of-service/, and is incorporated in this Agreement by reference.
4.4 Opera reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. User agrees that Opera shall not be liable to User or to any third-party for any modification, suspension or discontinuance of the Services.
4.5 Without limiting the applicability of the foregoing general terms, the following terms and conditions apply for the specific services discussed below.
4.5.1 Opera Turbo: When Opera Turbo is enabled, it will request normal web content through an Opera Software proxy server. Opera Turbo will exclude webpages located on an intranet or using secure connections (HTTPS). The browsing experience may change due to increased webpage loading speeds when using Opera Turbo. Opera reserves the right to change, limit usage of, charge for continued usage of (of course require User to opt in before incurring any charges), and/or discontinue the Opera Turbo service at any point in time. Furthermore, Opera reserves the right to revise the terms of the Opera Turbo service, which may include making the Opera Turbo service subject to a separate agreement.
4.5.2 Opera Unite: Opera Unite is a service whereby Opera provides users with a web-browser communication that allows User to share content, collaborate, and interact with others. Certain features of Opera Unite allow User to post and send content and/or links to User-Generated Content stored on User’s computer, which can be viewed and/or accessed by others. The content is not stored by Opera, and Opera exercises no control over User-Generated Content passing through its network or equipment or available on or through the Services. User agrees that Opera is not liable for any loss of data. User may only post or send via the Services User-Generated Content that User created or that User has permission to send and/or post. User agrees not to use Opera Unite to upload, transfer or otherwise make available files, images, code, materials, or other information or content that is obscene, vulgar, hateful, threatening, or that violates any laws or third-party rights, hereunder but not limited to third-party intellectual property rights. Opera reserves the right to terminate User’s account if User use Opera Unite to transmit copyrighted material unlawfully without a license, valid defense or fair use privilege to do so. Opera does not claim ownership of any User-Generated Content. However, by submitting User-Generated Content to Opera, User grants Opera the right and limited license to use, copy, display, perform, distribute and adapt this User-Generated Content for the purpose of carrying out the Services.
5. PROPRIETARY RIGHTS. User acknowledges and agrees that the Services and the Software, including without limitation the Software’s sequence, structure, organization, source code and applicable documentation contains valuable trade secrets and other intellectual property of Opera and its suppliers and is considered Opera’s confidential information. The Software and Services are licensed and not sold to User, and no title or ownership to such Software or Services or the intellectual property rights embodied therein passes as a result of this Agreement or any act pursuant to this Agreement. The Software and Services and all intellectual property rights therein are the exclusive property of Opera and its suppliers, and all rights in and to the Software and Services not expressly granted to User in this Agreement are reserved. Opera owns all copies of the Software, however made. Nothing in this Agreement will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future patents of Opera, except to the extent necessary for User to use the Software or Services as expressly permitted under this Agreement.
6. PRIVACY. Opera takes the matters of protection and security of its users information very seriously and will treat any and all such information in accordance with the Opera Privacy Statement, which is located at www.opera.com/privacy, and incorporated into this Agreement by this reference.
7. TERM AND TERMINATION. The term of this Agreement will commence upon User’s download of the Software and/or User’s commencement of the Services and, unless earlier terminated as provided in this Section 7, will continue in perpetuity. This Agreement will immediately terminate upon User’s breach of this Agreement, unless such breach is curable and is actually and immediately cured by User after Opera provides notice of breach to User. Upon the termination of this Agreement, User will discontinue all use of the Software and/or Services, promptly destroy or have destroyed the Software and any copies thereof, and, upon request by Opera, certify in writing to Opera that such destruction has taken place. These remedies are cumulative and in addition to any other remedies available to Opera. Sections 1, 3, 5, 6, 7, 8, 9, 10, 11, and 12, shall survive such termination.
8. DISCLAIMER OF WARRANTIES. THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” AND ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, ACCURACY OR COMPLETENESS, SATISFACTORY QUALITY, AND QUIET ENJOYMENT, OR OTHER WARRANTIES OR CONDITIONS ARISING BY STATUTE, OPERATION OR LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE ARE HEREBY DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER. OPERA DOES NOT WARRANT THAT THE USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE OR SERVICES DO NOT CONTAIN ANY VIRUSES. THIS WARRANTY DISCLAIMER IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN USER AND OPERA. OPERA WOULD NOT PROVIDE THE SOFTWARE OR SERVICES ABSENT SUCH DISCLAIMER. NO REPRESENTATIONS OR WARRANTIES ARE MADE BY ANY SUPPLIERS TO OPERA UNDER OR BY VIRTUE OF THIS AGREEMENT.
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL OPERA BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES FOR INTERRUPTION OF BUSINESS, LOST DATA, LOST PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF OPERA ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID TO OPERA IN RESPECT OF THE SOFTWARE GIVING RISE TO THE CLAIM OR IF NO FEES WERE PAID THEN FIVE HUNDRED EUROS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSION AND LIMITATION MAY NOT APPLY TO USER. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. IN NO EVENT WILL ANY SUPPLIER TO OPERA HAVE ANY LIABILITY TO USER UNDER THIS AGREEMENT. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN USER AND OPERA. OPERA WOULD NOT PROVIDE THE SOFTWARE TO USER ABSENT SUCH LIMITATION.
10. NOTICES. All notices required under this Agreement will be given as follows: (a) in the case of notices to Opera, by certified mail, return receipt requested, to the following address: Chief Operating Officer, Opera Software ASA, Waldemar Thranes gate 98, 0175 Oslo, Norway, such notice to be deemed effective upon receipt by Opera; and (b) in the case of notices to User, by email to the email address that User provided to Opera prior to initiating the download of the Software or start of the Services, such notice to be deemed effective upon the earlier of (i) twenty-four (24) hours after sending, or (ii) User’s actual receipt of any such e-mail.
11. INJUNCTIVE RELIEF. User acknowledges and agrees that the Software and Services contain valuable trade secrets, confidential information and proprietary information of Opera. User further acknowledge that any actual or threatened breach or violation of Section 2 or Section 3 of this Agreement will constitute immediate, irreparable harm to Opera for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for any such breach or violation.
12. GENERAL. User acknowledges and agrees that the Software may contain cryptographic functionality the export of which is restricted under applicable export control law. User will comply with all applicable laws and regulations in User’s activities under this Agreement. User will not export or re-export the Software in violation of such laws or regulations or without all required licenses and authorizations. This Agreement will be governed by the laws of Norway without giving effect to any conflicts of law principles that may require the application of the laws of a different country. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. All actions or proceedings arising under or related to this Agreement must be brought in the Oslo City Court, and each party hereby agrees to irrevocably submit to the jurisdiction and venue of any such court in all such actions or proceedings. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall not be affected or impaired thereby. User may not assign or transfer this Agreement without obtaining Opera’s prior written consent, and any purported assignment or transfer in violation of this Section 12 will be null and void. Opera may update the terms of this Agreement if and when User install and update or upgrade to the Software and/or Services. User will be responsible for all of User’s access and data charges from User’s Internet service provider or mobile operator. Applications User downloads or that are made available to User may automatically connect to the Internet to update information or provide a service to User.

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Format: Mostly copyright-format 1.0
# http://www.debian.org/doc/packaging-manuals/copyright-format/1.0/
# Making this file match the format entirely would require
# reformatting the Opera license.
Upstream-Name: opera/opera-next/opera-developer
Source: http://www.opera.com
Files: *
Copyright: 2014 Opera Software
License: Proprietary
End-user license agreement and terms of service for Opera for desktop for Open Source operating systems
Please read this carefully. This software license agreement and terms of service (“Terms”), including the privacy provisions in section 7 of these Terms, form a binding contract between you and Opera Software ASA (“Opera”), whose principal place of business is Gjerdrums vei 19, 0484, Oslo, Norway. By acceptance of delivery of the software and services you (“you”) hereby agree to be bound by these Terms. Otherwise, please discontinue the use of the software and services.
These Terms govern your use of the software in executable form and your use of the associated services. Source code used in the software, under open source license agreements, can be obtained at http://sourcecode.opera.com or by sending an email message to opensource@opera.com.
1 Acceptance of terms
You can accept the Terms by selecting to accept or to agree to the Terms during the installation process or when the dialog is displayed in the user interface, or by your use of the Software and Services.
You declare by acceptance of the Terms that you are of legal age to use the Software and Services.
2 Definitions
2.1 “You” (or “your”) means the legal entity or person who orders or downloads the Software and/or activates the Services.
2.2 “Documentation” means the standard end-user technical documentation, specifications, materials and other information Opera supplies with the Software and/or Services.
2.3 "Services" means the various services to which Opera provides users with access, including without limitation, the Opera Turbo feature, Discover feature, search services, automatic updates, personalized content and branded offerings.
2.4 “Software” means Opera’s software products (in object code format only) delivered to you (including but not limited to the Opera browser), together with any update or upgrade, when and if made available to you by Opera. Software does not include Third-Party Software.
2.5 “Third-Party Software” means the software of certain third parties that Opera may deliver with the Software, including but not limited to any third-party open source components.
2.6 “Use” (or “use”) means to cause a computer system to execute any machine-executable portion of the Software in accordance with the documentation or to make use of any documentation or related materials in connection with the execution of any machine-executable portion of the Software, and to make use of any of the Services.
3 License
Subject to the terms and conditions of these Terms, Opera hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license; (i) to use the Services and to install and use the Software supplied to you hereunder, as installed on your personal computer, including your laptop, desktop, or on computers within your organization; and (ii) to reproduce and distribute the Software without modification, provided that any such reproduction or distribution of the Software by you: (a) must be in an application repository for a desktop Open Source OS distribution (expressly excluding distribution for embedded Open Source OS); (b) must be made available free of charge for end-users; (c) must be subject to and distributed with a copy of this Agreement; and (d) no automatic modification of the default search engines in the Software settings is done at any time, including but not limited to after the Software is installed.
4 License restrictions and Third-Party Software
4.1 You shall not and shall not allow any third party to: (a) Use the Software or Services except as expressly permitted under Section 3; (b) separate the component programs of the Software for use on different computers; (c) adapt, alter, publicly display, publicly perform, translate, embed into any other product, or otherwise create derivative works of, or otherwise modify the Software or Services; (d) sublicense, lease, rent, loan, or distribute the Software or Services to any third party; (e) transfer the Software or Services to any third party; (f) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software, (i) except as permitted by applicable law, or (ii) to the extent as may be permitted by the license of any included Third-Party Software; (g) remove, alter or obscure any proprietary notices on the Software or Services, or the applicable documentation therefore; or (h) allow third parties to access or use the Software or Services, including without limitation any use in any application service provider environment, service bureau, or time-sharing arrangements.
4.2 Third-Party Software is subject to separate terms and conditions included with, or contained in the setup installation segments of such Third-Party Software. The license restrictions contained in these Terms do not apply to Third-Party Software to the extent they are inconsistent with such Third-Party Software terms. Opera shall not be responsible for any Third-Party Software.
5 Use of services
5.1 Opera reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Opera shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. Opera reserves the right to change, limit usage of, charge for continued usage of (of course require you to opt in before incurring any charges), and/or discontinue any service at any point in time.
5.2 Opera Turbo: When Opera Turbo is enabled, the Software will request normal web content through an Opera proxy server. The browsing experience may change due to increased webpage loading speeds when using the Opera Turbo feature.
5.3 Discover: The Discover feature helps you to discover and access content made available by third parties on the internet. Opera exercises no editorial control over any content that you access through the Discover feature.
5.4 Synchronization: Opera allows you to enable synchronization of browser data such as your speed dials between Opera browsers on the devices you are using. The service requires that you login a social network service or by creating an Opera account.
6 Proprietary rights
You acknowledge and agree that the Services and the Software, including without limitation the Software’s sequence, structure, organization, source code and applicable documentation contains valuable trade secrets and other intellectual property of Opera and its suppliers and is considered Opera’s confidential information. The Software and Services are licensed and not sold to you, and no title or ownership to such Software or Services or the intellectual property rights embodied therein passes as a result of these Terms or any act pursuant to these Terms. The Software and Services and all intellectual property rights therein are the exclusive property of Opera and its suppliers, and all rights in and to the Software and Services not expressly granted to you in this Agreement are reserved. Opera owns all copies of the Software, however made. Nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future patents of Opera, except to the extent necessary for User to use the Software or Services as expressly permitted under these Terms.
7 Privacy and personal information
7.1 General: No personal identifiable information is collected. Your installation of the Software contains a unique ID that can not be linked to you as an individual person. This unique ID is required for auto-updates of the Software and any installed extensions. Data about the features (not websites) used in the Software is collected with the purpose to improve the Software and Services. The Software also creates a unique ID that is linked to your computer. This unique ID is processed with the sole purpose to measure marketing campaigns and distribution partners. Any crash logs sent by the Software will include the version number of the Software and information about the operating system. This information is collected with the sole purpose to improve the Software or the Services. Opera’s privacy policy located at http://www.opera.com/privacy (“Privacy Policy”) is incorporated by reference.
7.2 Opera Turbo is a web browsing service relying on web content being compressed on Opera proxy and video compression servers and then sent to the Software installed on your device. Opera is not able to link usage related data in Opera proxy servers to individual persons. Opera proxy servers log in addition to the web addresses (not content of the web pages), IP-addresses, Operating system, any campaign reference for the Software and a randomly generated identifier for the Software. Opera stores and processes usage related log data to provide, debug, maintain, and optimize the service. Opera server logs are kept for up to six months. Usage-related log data is also used to generate aggregated and anonymized statistics for Opera’s own use and for reporting usage to Opera’s customers.
7.3 Discover: Opera is not able to link any usage related data to individual persons. The service collects the web addresses (not content of the webpages), IP-addresses, the end-user device make and model, and a randomly generated identifier for the Software. Opera stores and processes usage related log data to provide, debug, maintain and optimize the service. Opera server logs are kept for up to six months. Usage related log data are also used to generate aggregated and anonymized statistics for Opera’s own use, and for reporting usage to Opera’s customers.
7.4 Synchronization: Opera allows you to enable synchronization of browser data such as your speed dials between Opera browsers on the devices you are using, by logging in using Facebook, Google, Twitter or by creating an Opera account. Opera collects data submitted by you, and your name, username, email address and language if provided by the social service you use to login. The data is processed with the sole purpose to enable synchronization of browser data, including debugging, improvements and optimization. Data received for a social service may be retained for up to six months after you stopped using the synchronization feature. The data in your Opera account can be modified and deleted with the tools we provide.
7.5 Built-in web search: The Software has a built-in, web search feature. This gives you the option to utilize external web search engines directly from the browser interface. Opera relies on third parties for this service. The Software sends the your search requests (in a specially designed URL string) directly to third-party websites that handle the actual search queries. What is sent to the third-party site is the special search string along with the text terms needed to perform the particular search query. No personal information is sent.
7.6 Some third-party sites may monitor data traffic from the Software, such as numbers of hits and the search terms used. No personally identifiable information is made available to these services by the Software, and not by Opera. Please note: Opera does not control the privacy and security practices and policies of these third parties and their sites. Check the particular site and/or business for more information. It is your responsibility to use caution before sharing personal information via forms and other methods used by third parties and their websites.
7.7 Opera reserves the right to disclose any information we have as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process. Opera restricts internal access to data that is not aggregated or further anonymized, exclusively to those who need it for the operation of the services. Information may be stored outside of the country in which the user resides, and user hereby consents to such storage and transfer of information between jurisdictions. Any updates or changes to these privacy provisions will be included in Opera’s Privacy Policy available at http://www.opera.com/privacy/.
8 Term and termination
These Terms will commence upon your download of the Software and/or your commencement of the Services and, unless earlier terminated as provided in this Section 8, will continue in perpetuity. These terms will immediately terminate upon your breach of these Terms, unless such breach is curable and is actually and immediately cured by you after Opera provides notice of breach to you. Upon the termination of these Terms, you will discontinue all use of the Software and/or Services, promptly destroy or have destroyed the Software and any copies thereof, and, upon request by Opera, certify in writing to Opera that such destruction has taken place. These remedies are cumulative and in addition to any other remedies available to Opera. Sections 2, 4, 6, 7, 8, 9, 10, 11, 12, and 13, shall survive such termination.
9 Disclaimer of warranties
THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” AND ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, ACCURACY OR COMPLETENESS, SATISFACTORY QUALITY, AND QUIET ENJOYMENT, OR OTHER WARRANTIES OR CONDITIONS ARISING BY STATUTE, OPERATION OR LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE ARE HEREBY DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER. OPERA DOES NOT WARRANT THAT THE USE OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE OR SERVICES DO NOT CONTAIN ANY VIRUSES. THIS WARRANTY DISCLAIMER IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN USER AND OPERA. OPERA WOULD NOT PROVIDE THE SOFTWARE OR SERVICES ABSENT SUCH DISCLAIMER. NO REPRESENTATIONS OR WARRANTIES ARE MADE BY ANY SUPPLIERS TO OPERA UNDER OR BY VIRTUE OF THIS AGREEMENT.
10 Limitation of liability
IN NO EVENT SHALL OPERA BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES FOR INTERRUPTION OF BUSINESS, LOST DATA, LOST PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF OPERA ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID TO OPERA IN RESPECT OF THE SOFTWARE GIVING RISE TO THE CLAIM OR IF NO FEES WERE PAID THEN FIVE HUNDRED EUROS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. IN NO EVENT WILL ANY SUPPLIER TO OPERA HAVE ANY LIABILITY TO YOU UNDER THIS AGREEMENT. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OPERA. OPERA WOULD NOT PROVIDE THE SOFTWARE TO YOU ABSENT SUCH LIMITATION.
11 Notices
All notices required under these Terms will be given as follows: (a) in the case of notices to Opera, by certified mail, return receipt requested, to the following address: Chief Operating Officer, Opera Software ASA, Gjerdrums vei 19, 0484 Oslo, Norway, such notice to be deemed effective upon receipt by Opera; and (b) in the case of notices to you, by email to the email address that you provided to Opera prior to initiating the download of the Software or start of the Services, such notice to be deemed effective upon the earlier of (i) twenty-four (24) hours after sending, or (ii) your actual receipt of any such email. Source code used in the software, under open source license agreements, can be obtained by sending an email message to opensource@opera.com.
12 Injunctive relief
You acknowledge and agree that the Software and Services contain valuable trade secrets, confidential information and proprietary information of Opera. You further acknowledge that any actual or threatened breach or violation of Section 3 or Section 4 of these Terms will constitute immediate, irreparable harm to Opera for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for any such breach or violation.
13 General
You acknowledge and agree that the Software may contain cryptographic functionality the export of which is restricted under applicable export control law. You will comply with all applicable laws and regulations in your activities under these Terms. You will not export or re-export the Software in violation of such laws or regulations or without all required licenses and authorizations. The laws of Norway will govern these Terms without giving effect to any conflicts of law principles that may require the application of the laws of a different country. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. All actions or proceedings arising under or related to these Terms must be brought in the Oslo City Court, and each party hereby agrees to irrevocably submit to the jurisdiction and venue of any such court in all such actions or proceedings. If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of these Terms shall not be affected or impaired thereby. You may not assign or transfer this contract without obtaining Opera’s prior written consent, and any purported assignment or transfer in violation of this Section 13 will be null and void. Opera may update the Terms of this agreement if and when you install and update or upgrade to the Software and/or Services. You will be responsible for all of your access and data charges from your internet service provider or mobile operator. Applications you download or that are made available to you may automatically connect to the Internet to update information or provide a service to you.

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Format: Mostly copyright-format 1.0
# http://www.debian.org/doc/packaging-manuals/copyright-format/1.0/
# Making this file match the format entirely would require
# reformatting the Opera license.
Upstream-Name: opera-stable
Source: http://www.opera.com
Files: *
Copyright: 2014 Opera Software
License: Proprietary
END USER LICENSE AGREEMENT
Opera for Computers
Last updated: December 14, 2018
This end user license agreement ("EULA") governs your download and/or use of the executable code for the Opera for Computers desktop software application, including any update or upgrade thereto ("Software"). This EULA forms a binding contract between you and Opera Unite Pte. Ltd., a Singapore company with a registered address at 8 Burn Road #07-07 Trivex, Singapore 369977 ("Opera").
Terms & Conditions
1. THIS IS A CONTRACT. This EULA constitutes a contract between you and Opera. You may not use the Software if you do not accept the terms in this EULA. By downloading and/or using the Software, you agree to be bound by all the terms and conditions set forth in this EULA. If you are under thirteen (13) years of age, or at least thirteen (13) years of age but a minor where you live, you must have your parent or legal guardian accept this EULA on your behalf and approve your use of the Software.
2. YOU ARE ONLY GRANTED A LIMITED LICENSE TO USE THE SOFTWARE. Subject to the terms and conditions of this EULA, Opera hereby grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to:
(A) use the executable code version of the Software solely as installed on your personal computer; and
(B) reproduce and distribute the Software solely as included in an application repository for a desktop open source operating system distribution PROVIDED THAT in all cases the Software is distributed: (i) without modification; (ii) free of charge to end-users; and (iii) with a copy of this EULA. Distribution for embedded open source operating systems is not permitted. For the avoidance of doubt, the Software must be distributed without modification (including as to the default search engine(s) in the Software settings), both at the time of distribution as well as after the Software is installed.
You may only use the Software as expressly authorized in this Section 2.
3. YOU MUST RESPECT OUR RIGHTS IN THE SOFTWARE. Unless expressly permitted by law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software. You may not remove, obscure, or alter any copyright notice or other proprietary rights notices affixed to or contained within the Software. You may not separate the component programs of the Software for use on different computers or sublicense, lease, rent, loan, or distribute the Software to any third party. You may not permit, direct or authorize any third party to take any action with respect to the Software which is inconsistent with the terms set forth in this EULA.
4. THE SOFTWARE CONTAINS OUR VALUABLE INTELLECTUAL PROPERTY. You acknowledge and agree that the Software, including its sequence, structure, organization, source code and applicable documentation, contains valuable trade secrets and other intellectual property of Opera and its suppliers. The Software is licensed and not sold to you, and no title or ownership to such Software or the intellectual property rights embodied therein is granted to you. The Software is the exclusive property of Opera and its suppliers, and all rights in and to the Software not expressly granted to you in this Agreement are reserved. Nothing in this EULA will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future patents of Opera, except to the extent necessary for you to use the Software as expressly permitted under this EULA. You acknowledge and agree that any actual or threatened breach of this EULA will constitute immediate, irreparable harm to Opera for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for any such breach or violation.
5. COMPONENTS FROM THIRD PARTIES MAY BE DELIVERED ALONG WITH THE SOFTWARE. The Software is delivered along with certain software components provided by third parties (“Third Party Software”). Opera shall not be responsible for any such Third-Party Software. Third-Party Software, particularly open source software, may be subject to separate license terms included with, or contained in the setup installation segments of such Third-Party Software. The terms set forth in this EULA do not apply to Third-Party Software to the extent they are inconsistent with such Third-Party Software licenses. This EULA governs your use of the Software in executable form. Source code for any open source Third-Party Software delivered along with the Software can be obtained at http://sourcecode.opera.com or by sending an email message to opensource@opera.com.
6. THE SOFTWARE MAY PROVIDE FOR ACCESS TO ADDITIONAL SERVICES. Various services may be offered where available via or as integrated into the Software (“Services”). By using any such Services, you agreed to the terms of service at https://www.opera.com/terms (“Terms of Service”). The Terms of Service are incorporated into this EULA by this reference. As is more fully explained in the Terms of Service, some Services are offered by Opera, others by third parties (which may be subject to separate terms – please refer to the Terms of Service for more information). Opera reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Opera shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
7. OUR SOFTWARE AND SERVICES ARE AD-SUPPORTED. The Software is free to download and our Services are generally provided free of charge. Opera incurs substantial development, collocation and bandwidth expenses in doing this. To support our business and continue providing you with the Software and Services for free, we will display the advertisements of select partners to you. By using our Software and Services, you consent to the placement of such advertisements within the Software and Services.
8. YOUR PRIVACY IS IMPORTANT TO US. Opera takes the protection and security of its users’ information very seriously and will treat any and all such information in accordance with our privacy statement, which is currently posted at https://www.opera.com/privacy (“Privacy Statement”). The Privacy Statement is incorporated into this EULA by this reference. You agree to the use of your data in accordance with Opera’s Privacy Statement.
9. YOUR LICENSE TO USE THE SOFTWARE TERMINATES IF YOU BREACH THIS EULA. This EULA will commence upon your download of the Software and continue in perpetuity unless terminated earlier as provided herein. This EULA will immediately terminate upon your breach of any of the terms or conditions set forth herein. Upon the termination of the EULA, you will discontinue all use of the Software, promptly destroy or have destroyed the Software and any copies thereof, and, upon request by Opera, certify in writing that such destruction has taken place. These remedies are cumulative and in addition to any other remedies which may be available. Section 1, as well as Sections 3 through 14 of this EULA shall survive termination.
10. THE SOFTWARE IS PROVIDED WITHOUT ANY WARRANTIES OR GUARANTEES. THE SOFTWARE IS PROVIDED “AS IS”, AND OPERA DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, SATISFACTORY QUALITY, OR QUIET ENJOYMENT. OPERA DOES NOT WARRANT THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE DOES NOT CONTAIN ANY VIRUSES. THIS WARRANTY DISCLAIMER IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OPERA. OPERA WOULD NOT PROVIDE THE SOFTWARE ABSENT SUCH DISCLAIMER. NO REPRESENTATIONS OR WARRANTIES ARE MADE BY ANY OF OPERA’S CUSTOMERS OR SUPPLIERS UNDER OR BY VIRTUE OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE.
11. OPERA IS NOT LIABLE FOR ANY DAMAGES YOU MAY INCUR. IN NO EVENT SHALL OPERA, ITS AFFILIATES, OR THEIR RESPECTIVE SUPPLIERS OR CUSTOMERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES FOR INTERRUPTION OF BUSINESS, LOST DATA, LOST PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY, OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF OPERA ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID TO OPERA IN RESPECT OF THE SOFTWARE GIVING RISE TO THE CLAIM OR, IF NO FEES WERE PAID, THEN FIVE HUNDRED EUROS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OPERA. OPERA WOULD NOT PROVIDE THE SOFTWARE TO YOU ABSENT SUCH LIMITATION.
12. THIS CONTRACT IS BASED ON ENGLISH LAW. This EULA will be governed by the laws of England and Wales, without giving effect to any conflicts of law principles that may require the application of the laws of a different country. Any and all disputes arising out of or in connection with this EULA, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in English in accordance with the UNCITRAL Arbitration Rules for the time being in force at the commencement of the arbitration. The place of arbitration shall be Singapore before a tribunal of three arbitrators, one to be appointed by each of the parties and the third by the two so chosen, unless the parties have agreed to the appointment of a sole arbitrator. The parties agree that the seat of the arbitration shall remain in London. Notwithstanding this, you agree that Opera shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. If any provision of this EULA is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this EULA shall not be affected or impaired thereby
13. OPERA MAY MODIFY THESE TERMS. Opera may update the terms of this EULA, the Privacy Statement or the Terms of Service. The current version of this EULA is posted at https://www.opera.com/eula/computers, the latest version of the Privacy Statement is posted at https://www.opera.com/privacy, and the Terms of Service are posted at https://www.opera.com/terms. It is your responsibility to remain informed of any changes as you are bound by the latest version of the EULA, Privacy Statement and Terms of Service.
14. GENERAL. You acknowledge and agree that the Software may contain cryptographic functionality the export of which may be restricted under applicable export control law. You will comply with all applicable laws and regulations in your activities with regard to the Software. You will not export or re-export the Software in violation of such laws or regulations or without all required licenses and authorizations. You may not assign or transfer this contract without obtaining Opera’s prior written consent, and any purported assignment or transfer in violation of this restriction will be null and void.

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ORACLE TECHNOLOGY NETWORK Oracle Technology Network License Agreement
DEVELOPMENT LICENSE AGREEMENT
"We," "us," and "our" refers to Oracle Corporation. "You" and "your" refers to the individual or entity that wishes to use the programs from Oracle. "Programs" refers to the Oracle software product you wish to download and use and program documentation. "License" refers to your right to use the programs under the terms of this agreement. This agreement is governed by the substantive and procedural laws of California. You and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco, San Mateo, or Santa Clara counties in California in any dispute arising out of or relating to this agreement. Oracle is willing to authorize Your access to software associated with this License Agreement (“Agreement”) only upon the condition that You accept that this Agreement governs Your use of the software. By selecting the “Accept License Agreement” button or box (or the equivalent) or installing or using the Programs You indicate Your acceptance of this Agreement and Your agreement, as an authorized representative of Your company or organization (if being acquired for use by an entity) or as an individual, to comply with the license terms that apply to the software that You wish to download and access. If You are not willing to be bound by this Agreement, do not select the “Accept License Agreement” button or box (or the equivalent) and do not download or access the software.
We are willing to license the programs to you only upon the condition that you accept all of the terms contained in this agreement. Read the terms carefully and select the "Accept" button at the bottom of the page to confirm your acceptance. If you are not willing to be bound by these terms, select the "Do Not Accept" button and the registration process will not continue. Definitions
License Rights "Oracle" refers to Oracle America, Inc. "You" and "Your" refers to (a) a company or organization (each an “Entity”) accessing the Programs, if use of the Programs will be on behalf of such Entity; or (b) an individual accessing the Programs, if use of the Programs will not be on behalf of an Entity. “Contractors” refers to Your agents and contractors (including, without limitation, outsourcers). "Program(s)" refers to Oracle software provided by Oracle pursuant to this Agreement and any updates, error corrections, and/or Program Documentation provided by Oracle. “Program Documentation” refers to Program user manuals and Program installation manuals, if any. If available, Program Documentation may be delivered with the Programs and/or may be accessed from www.oracle.com/documentation. “Associated Product” refers to the Oracle product(s), if any, and as identified in the Programs documentation or on the Programs download site, with which the Programs are intended to enable or enhance interoperation with Your application(s). “Separate Terms” refers to separate license terms that are specified in the Program Documentation, readmes or notice files and that apply to Separately Licensed Third Party Technology. “Separately Licensed Third Party Technology” refers to third party technology that is licensed under Separate Terms and not under the terms of this Agreement.
We grant you a nonexclusive, nontransferable limited license to use the programs only for the purpose of developing a single prototype of your application, and not for any other purpose. If you use the application you develop under this license for any internal data processing or for any commercial or production purposes, or you want to use the programs for any purpose other than as permitted under this agreement, you must contact us, or an Oracle reseller, to obtain the appropriate license. We may audit your use of the programs. Program documentation may accessed online at /docs.
License Rights and Restrictions
Ownership and Restrictions Oracle grants You a nonexclusive, nontransferable, limited license to, subject to the restrictions stated in this Agreement, (a) internally use the Programs solely for the purposes of developing, testing, prototyping and demonstrating Your applications, and running the Programs for Your own internal business operations; and (b) redistribute unmodified Programs and Programs Documentation pursuant to the Programs Redistribution section below. You may allow Your Contractor(s) to use the Programs, provided they are acting on Your behalf to exercise license rights granted in this Agreement and further provided that You are responsible for their compliance with this Agreement in such use. You will have a written agreement with Your Contractor(s) that strictly limits their right to use the Programs and that otherwise protects Oracle’s intellectual property rights to the same extent as this Agreement. You may make copies of the Programs to the extent reasonably necessary to exercise the license rights granted in this Agreement. You may make one copy of the Programs for backup purposes.
We retain all ownership and intellectual property rights in the programs. The programs may be installed on one computer only, and used by one person in the operating environment identified by us. You may make one copy of the programs for backup purposes.
You may not: Further, You may not:
use the programs for your own internal data processing or for any commercial or production purposes, or use the programs for any purpose except the development of a single prototype of your application;
use the application you develop with the programs for any internal data processing or commercial or production purposes without securing an appropriate license from us;
continue to develop your application after you have used it for any internal data processing, commercial or production purpose without securing an appropriate license from us, or an Oracle reseller;
remove or modify any program markings or any notice of our proprietary rights;
make the programs available in any manner to any third party;
use the programs to provide third party training;
assign this agreement or give or transfer the programs or an interest in them to another individual or entity;
cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the programs;
disclose results of any program benchmark tests without our prior consent; or,
use any Oracle name, trademark or logo. remove or modify any Program markings or any notice of Oracle’s or a licensor’s proprietary rights;
use the Programs to provide third party training unless Oracle expressly authorizes such use on the Program’s download page;
assign this Agreement or distribute, give, or transfer the Programs or an interest in them to any third party, except as expressly permitted in this Agreement (the foregoing shall not be construed to limit the rights You may otherwise have with respect to Separately Licensed Third Party Technology);
cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the Programs; and
disclose results of any Program benchmark tests without Oracle’s prior consent.
Export The Programs may contain source code that, unless expressly licensed in this Agreement for other purposes (for example, licensed under an open source license), is provided solely for reference purposes pursuant to the terms of this Agreement and may not be modified.
You agree that U.S. export control laws and other applicable export and import laws govern your use of the programs, including technical data; additional information can be found on Oracle's Global Trade Compliance web site located at http://www.oracle.com/products/export/index.html. You agree that neither the programs nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
Disclaimer of Warranty and Exclusive Remedies All rights not expressly granted in this Agreement are reserved by Oracle. If You want to use the Programs or Your application for any purpose other than as expressly permitted under this Agreement, You must obtain from Oracle or an Oracle reseller a valid Programs license under a separate agreement permitting such use. However, You acknowledge that the Programs may not be intended for production use and/or Oracle may not make a version of the Programs available for production or other purposes; any development or other work You undertake with the Programs is at Your sole risk.
THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE FURTHER DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. Programs Redistribution
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000). We grant You a nonexclusive, nontransferable right to copy and distribute unmodified Programs and Programs Documentation as part of and included in Your application that is intended to interoperate with the Associated Product, if any, provided that You do not charge Your end users any additional fees for the use of the Programs. Prior to distributing the Programs and Programs Documentation, You shall require Your end users to execute an agreement binding them to terms, with respect to the Programs and Programs Documentation, materially consistent and no less restrictive than those contained in this section and the sections of this Agreement entitled “License Rights and Restrictions” (except that the redistribution right granted to You shall not be included; Your end users may not distribute Programs and Programs Documentation to any third parties), "Ownership," "Export Controls," "Disclaimer of Warranties; Limitation of Liability," "No Technical Support" (with respect to Oracle support; You may provide Your own support for Programs at Your discretion), "Audit; Termination (except that Oracle’s audit right shall not be included)," "Relationship Between the Parties," and “U.S. Government End Users.” You must also include a provision stating that Your end users shall have no right to distribute the Programs and Programs Documentation, and a provision specifying us as a third party beneficiary of the agreement. You are responsible for obtaining these agreements with Your end users.
Trial Programs Included With Orders You agree to: (a) defend and indemnify us against all claims and damages caused by Your distribution of the Programs and Programs Documentation in breach of this Agreement and/or failure to include the required contractual provisions in Your end user agreement as stated above; (b) keep executed end user agreements and records of end user information including name, address, date of distribution and identity of Programs distributed; (c) allow us to inspect Your end user agreements and records upon request; and, (d) enforce the terms of Your end user agreements so as to effect a timely cure of any end user breach, and to notify us of any breach of the terms.
We may include additional programs with an order which may be used for trial purposes only. You will have 30 days from the delivery date to evaluate these programs. Any use of these programs after the 30 day trial period requires you to obtain the applicable license. Programs licensed for trial purposes are provided "as is" and we do not provide technical support or any warranties for these programs.
Ownership
Oracle or its licensors retain all ownership and intellectual property rights to the Programs.
Third-Party Technology
The Programs may contain or require the use of third party technology that is provided with the Programs. Oracle may provide certain notices to You in Program Documentation, readmes or notice files in connection with such third party technology. Third party technology will be licensed to You either under the terms of this Agreement or, if specified in the Program Documentation, readmes or notice files, under Separate Terms. Your rights to use Separately Licensed Third Party Technology under Separate Terms are not restricted in any way by this Agreement. However, for clarity, notwithstanding the existence of a notice, third party technology that is not Separately Licensed Third Party Technology shall be deemed part of the Programs and is licensed to You under the terms of this Agreement.
Source Code for Open Source Software
For software that You receive from Oracle in binary form that is licensed under an open source license that gives You the right to receive the source code for that binary, You can obtain a copy of the applicable source code from https://oss.oracle.com/sources/ or http://www.oracle.com/goto/opensourcecode. If the source code for such software was not provided to You with the binary, You can also receive a copy of the source code on physical media by submitting a written request pursuant to the instructions in the "Written Offer for Source Code" section of the latter website.
Export Controls
Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Programs . You agree that such export control laws govern Your use of the Programs (including technical data) and any services deliverables provided under this agreement, and You agree to comply with all such export laws and regulations (including "deemed export" and "deemed re-export" regulations). You agree that no data, information, program and/or materials resulting from Programs or services (or direct products thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology. Accordingly, You confirm:
You will not download, provide, make available or otherwise export or re-export the Programs, directly or indirectly, to countries prohibited by applicable laws and regulations nor to citizens, nationals or residents of those countries.
You are not listed on the United States Department of Treasury lists of Specially Designated Nationals and Blocked Persons, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are You listed on the United States Department of Commerce Table of Denial Orders.
You will not download or otherwise export or re-export the Programs, directly or indirectly, to persons on the above mentioned lists.
You will not use the Programs for, and will not allow the Programs to be used for, any purposes prohibited by applicable law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
Information Collection
The Programs’ installation and/or auto-update processes, if any, may transmit a limited amount of data to Oracle or its service provider about those processes to help Oracle understand and optimize them. Oracle does not associate the data with personally identifiable information. Refer to Oracle’s Privacy Policy at www.oracle.com/privacy.
Disclaimer of Warranties; Limitation of Liability
THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT .
IN NO EVENT WILL ORACLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE’S ENTIRE LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000) .
No Technical Support No Technical Support
Our technical support organization will not provide technical support, phone support, or updates to you for the programs licensed under this agreement.
End of Agreement Unless Oracle support for the Programs, if any, is expressly included in a separate, current support agreement between You and Oracle, Oracle’s technical support organization will not provide technical support, phone support, or updates to You for the Programs provided under this Agreement.
You may terminate this agreement by destroying all copies of the programs. We have the right to terminate your right to use the programs if you fail to comply with any of the terms of this agreement, in which case you shall destroy all copies of the programs.
Audit; Termination
Oracle may audit Your use of the Programs. You may terminate this Agreement by destroying all copies of the Programs. This Agreement shall automatically terminate without notice if You fail to comply with any of the terms of this Agreement, in which case You shall promptly destroy all copies of the Programs.
U.S. Government End Users
Programs and/or Programs Documentation delivered to U.S. Government end users are “commercial computer software” pursuant to the applicable Federal Acquisition Regulation and agency-specific supplemental regulations. As such, use, duplication, disclosure, modification, and adaptation of the Programs and/or Programs Documentation shall be subject to the license terms and license restrictions set forth in this Agreement. No other rights are granted to the U.S. Government.
Relationship Between the Parties Relationship Between the Parties
The relationship between you and us is that of licensee/licensor. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity. Nothing in this agreement shall be construed to limit either party's right to independently develop or distribute software that is functionally similar to the other party's products, so long as proprietary information of the other party is not included in such software.
Open Source Oracle is an independent contractor and we agree that no partnership, joint venture, or agency relationship exists between us. We each will be responsible for paying our own employees, including employment related taxes and insurance.. Nothing in this agreement shall be construed to limit either party's right to independently develop or distribute software that is functionally similar to the other party's products, so long as proprietary information of the other party is not included in such software.
"Open Source" software - software available without charge for use, modification and distribution - is often licensed under terms that require the user to make the user's modifications to the Open Source software or any software that the user 'combines' with the Open Source software freely available in source code form. If you use Open Source software in conjunction with the programs, you must ensure that your use does not: (i) create, or purport to create, obligations of us with respect to the Oracle programs; or (ii) grant, or purport to grant, to any third party any rights to or immunities under our intellectual property or proprietary rights in the Oracle programs. For example, you may not develop a software program using an Oracle program and an Open Source program where such use results in a program file(s) that contains code from both the Oracle program and the Open Source program (including without limitation libraries) if the Open Source program is licensed under a license that requires any "modifications" be made freely available. You also may not combine the Oracle program with programs licensed under the GNU General Public License ("GPL") in any manner that could cause, or could be interpreted or asserted to cause, the Oracle program or any modifications thereto to become subject to the terms of the GPL.
Entire Agreement Entire Agreement; Governing Law
You agree that this agreement is the complete agreement for the programs and licenses, and this agreement supersedes all prior or contemporaneous agreements or representations. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.
You agree that this Agreement is the complete agreement for the Programs and this Agreement supersedes all prior or contemporaneous agreements or representations, including any clickwrap, shrinkwrap or similar licenses, or license agreements for prior versions of the Programs. This Agreement may not be modified and the rights and restrictions may not be altered or waived except in a writing signed by authorized representatives of You and of Oracle. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.
Last updated: 9/16/03 This Agreement is governed by the substantive and procedural laws of the State of California, USA, and You and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco or Santa Clara counties in California in any dispute arising out of or relating to this Agreement.
Notices
Should you have any questions concerning this License Agreement, or if you desire to contact Oracle for any reason, please write:
Oracle America, Inc.
500 Oracle Parkway
Redwood City, CA 94065
Oracle Employees: Under no circumstances are Oracle Employees authorized to download software for the purpose of distributing it to customers. Oracle products are available to employees for internal use or demonstration purposes only. In keeping with Oracle's trade compliance obligations under U.S. and applicable multilateral law, failure to comply with this policy could result in disciplinary action up to and including termination.
Last updated: 30 November 2016

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Copyright (c) 1995-2004 Functional Objects, Inc.
Portions copyright (c) 2004-2011 Dylan Hackers.
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.
A copy of this license may be obtained here:
https://raw.github.com/dylan-lang/opendylan/master/License.txt
Ravenbrook's Memory Pool System (MPS) binaries may be included in
binary distributions of Open Dylan. They are covered under the
following license:
MEMORY POOL SYSTEM OPEN SOURCE LICENSE
Copyright (C) 2001-2002 Ravenbrook Limited <http://www.ravenbrook.com/>.
All rights reserved. This is an open source license. Contact
Ravenbrook for commercial licensing options.
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. Redistributions in any form must be accompanied by information on how
to obtain complete source code for this software and any
accompanying software that uses this software. The source code must
either be included in the distribution or be available for no more than
the cost of distribution plus a nominal fee, and must be freely
redistributable under reasonable conditions. For an executable file,
complete source code means the source code for all modules it contains.
It does not include source code for modules or files that typically
accompany the major components of the operating system on which the
executable file runs.
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, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED. IN NO EVENT SHALL THE
COPYRIGHT HOLDERS AND 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.
---
$Id: //info.ravenbrook.com/project/mps/master/license.txt#2 $

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SOFTWARE LICENSE AGREEMENT.
You should carefully read the following terms and conditions before using this software. Your use of this software indicates your acceptance of this license agreement and disclaimer of warranty.
1. All copyrights to 'MutantStorm' are exclusively owned by the author - 'PomPom'.
2. The evaluation version is distributed on a shareware basis. You are expected to use this program on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This "try before you buy" approach is the ultimate guarantee that 'MutantStorm' will perform to your satisfaction.
3. Provided that you verify that you are distributing the evaluation version you are hereby licensed to make as many copies of the evaluation version of this software and documentation as you wish; give exact copies of the original evaluation version to anyone; and distribute the evaluation version of the software and documentation in its unmodified form via electronic means. There is no charge for any of the above.
You are specifically prohibited from charging, or requesting donations, for any such copies, however made; and from distributing the software and/or documentation with other products (commercial or otherwise) without prior written permission.
4. Once registered/purchased, the user is granted a non-exclusive license to use 'MutantStorm' on one computer. You may not sublicense, rent, lease or transfer the software. You may install and use one registered/purchased copy of 'MutantStorm' on one computer in your home, and on one computer at workplace, which you are the main user on. If you wish to use 'MutantStorm' on several computers, you should purchase several single licenses.
5. You may not alter this software in any way; you may not use or distribute any part of the original package. You are also not allowed to emulate, decompile, disassemble, otherwise reverse engineer any executable part of original package. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.
6. 'MutantStorm' IS DISTRIBUTED "AS IS". NO WARRANTY OF ANY KIND IS EXPRESSED OR IMPLIED. YOU USE IT AT YOUR OWN RISK. WE MAY NOT BE HELD LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THIS SOFTWARE.
7. All rights not expressly granted here are reserved by 'PomPom'.
8. Installing and using 'MutantStorm' signifies acceptance of these terms and conditions of the license. If you do not agree with the terms of this license you must remove 'MutantStorm' from your storage devices and cease to use the product.

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PassMark® Software Pty Ltd (‘PassMark’)
End User Licence Agreement (‘EULA’)
IMPORTANT! PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.
YOU, THE USER OF THIS SOFTWARE, AGREE THAT ALL OF THE TERMS AND CONDITIONS DESCRIBED BELOW APPLY TO YOU AND ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER;
YOU COPY, INSTALL, OR USE THIS COPY OF PASSMARK SOFTWARE, OR YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS PASSMARK SOFTWARE.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, PLEASE DO NOT USE THIS SOFTWARE.
SOFTWARE COVERED BY THIS LICENCE
This licence agreement (“Agreement”) applies only to the version of the software package MemTest86 with which this Agreement is included. Different licence terms may apply to other software packages from PassMark and licence terms for later versions of MemTest86 may also be changed.
TITLE
PassMark or its licensors own the MemTest86 software package, including all materials included with the package. PassMark owns the names and marks of ‘PassMark®’, ‘MemTest86’ under copyright, trademark and intellectual property laws and all other applicable laws.
TERMINATION
This licence will terminate automatically if you fail to comply with any of the terms and conditions, limitations and obligations described herein. On termination you must destroy all copies of the PassMark package and all other materials downloaded as part of the package.
DISCLAIMER OF WARRANTY
PassMark disclaims any and all warranties express or implied, including any implied warranties as to merchantability or fitness for a particular purpose. You acknowledge and agree that you had full opportunity to test MemTest86 before any live, public or production use, that you assume full responsibility for selecting and using MemTest86 and any files that may created through the use of MemTest86 and that if you use MemTest86 improperly or against instructions you can cause damage to your files, software, data or business. The entire risk as to quality and performance of MemTest86 is borne by you. This disclaimer of warranty constitutes an essential part of the agreement. Some jurisdictions do allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.
LIMITATION OF LIABILITY
In no event shall PassMark, its officers, employees, affiliates, contractors, subsidiaries or parent organizations be liable for any incidental, consequential, or punitive damages whatsoever relating to the use of MemTest86, files created by MemTest86 or your relationship with PassMark. Some jurisdictions do not allow exclusion or limitation of liability for incidental or consequential damages, therefore the above limitation may not apply to you.
HIGH RISK ACTIVITIES
MemTest86 is not fault-tolerant and is not designed or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which failure of MemTest86 could lead directly to death, personal injury, or severe physical or environmental damage (“High Risk Activities”). PassMark and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
LINKS TO THIRD-PARTY SITES
PassMark is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. In the case where PassMark is providing those links and access to third-party sites and services to you only as a convenience, and the inclusion of any link of access does not imply an endorsement by PassMark of the third-party site of service.
ADDITIONAL SOFTWARE
This EULA applies to updates, supplements, add-on components or internet based services components of the software that PassMark may provide to you or make available after the date you obtain your initial copy of the software, unless they are accompanied by separate terms.
UPGRADES
To use software identified as an upgrade, you must first be licensed for the software identified by PassMark as eligible for the upgrade. After installing the upgrade, you may no longer use the original software that formed the basis of your upgrade eligibility, except as part of the upgraded software.
EXPORT RESTRICTIONS
You acknowledge that the software is subject to Australian export jurisdiction. You agree to comply with all applicable international and nationals laws that apply to the software including destination restrictions issued by Australia and other governments.
SOFTWARE TRANSFER
You may transfer your copy of the software to a different device. After the transfer, you must completely remove the software from the former device.
Transfer to Third Party
This license is granted exclusively to you, the original licensee, and therefore no right to resell, transfer, or re-assign the license is granted. An exception may exist for manufacturers, distributors and dealers/resellers of computer systems or computer software who have specifically negotiated for such an exception with PassMark to resell a particular license key as part of an installed system or as an authorized reseller of the software on its own.
SITE LICENSES
If this software is being installed as part of a Site License purchase, then following conditions apply:
The software may installed on an unlimited number of computer systems provided that:
1) The computers on which the software is installed belong to the one legal entity. Subsidiaries, parent companies, brother/sister companies, affiliates and/or agents are not considered to be the same legal entity and are therefore not entitled to have the software installed on their computer systems unless specific permission is granted by PassMark.
2) The computer systems must all be situated in the one country. It is permissible that the computers be located in different cities or states within the one country.
3) All such computers are the property of, or are being leased or borrowed by the licensee and are on the premises of the licensee.
4) In the event that the computers are leased or borrowed, the software must be removed prior to the computer being returned to its legal owner.
NO RENTAL/COMMERCIAL HOSTING
You may not rent, lease or lend the software.
LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY
You may not reverse engineer, decompile, or disassemble the software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
APPLICABLE LAW
This Agreement and any dispute relating to the ‘Software’ or to this Agreement shall be governed by the laws of the state of New South Wales and the Commonwealth of Australia, without regard to any other country or state choice of law rules. You agree and consent that jurisdiction and proper venue for all claims, actions and proceedings of any kind relating to PassMark or the matters in this Agreement shall be exclusively in courts located in NSW, Australia. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that they remainder of the Agreement shall be fully enforceable as if the unenforced part or provision never existed. There are no third party beneficiaries or any promises, obligations or representations made by PassMark herein.
ENTIRE AGREEMENT
This Agreement (including any addendum or amendment to this EULA which is included with the software) constitutes the entire Agreement between the parties with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between you and PassMark. Waiver by PassMark of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision.

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Plex Terms of Service
Revised July 10, 2015
Thank you for using Plex! By accessing, using, downloading, or visiting
any Plex “Service(s)”, which includes the Plex website, Plex software
and products described here, and any other products or materials
provided by Plex GmbH, a Swiss company, and its affiliates (together,
“Plex”), you agree to the terms (“Terms”) listed in this agreement
(“Agreement”). Plex reserves the right to amend these Terms at any time
and without notice. Any revisions to the Terms will be posted on the
Plex website. By continuing to access or use the Services, you accept
any changes or revisions to the Terms.
Plex Software
A. Plex grants you a personal, non-commercial, worldwide, royalty-free,
revocable, non-transferable, non-sublicensable, and non-exclusive
license to use the software provided to you by Plex as part of the
Services (“Software”). This license is for the sole purpose of
enabling you to use and enjoy the benefit of the Services in the
manner permitted by these Terms.
B. The Software includes certain executable modules that Plex has
licensed from third party providers (“Third Party Components”) that
may be subject to different end user license terms as specified in
the license agreement(s) provided with such Third Party Components.
C. Except as provided in the next section, you may not, or allow anyone
else to, directly or indirectly to: (1) copy, modify, distribute,
sell, or lease any part of the Software; (2) reverse engineer,
disassemble, decompile, or otherwise attempt to discover the source
code or structure, sequence, and/or organization of all or any part
of the Software, unless laws prohibit those restrictions or you have
our written permission; (3) rent, lease, or use the Software for
timesharing or service bureau purposes; (4) develop any improvement,
modification, or derivative works of the Software, or include any
portion thereof in any other product, software, work, equipment, or
item (except that you may customize and/or modify the Software only
as set forth in the documentation or as authorized in any license
agreement of Plex’s third party licensors and applicable to Third
Party Components); or (5) allow the transfer, transmission, export,
or re-export of the Software or any portion thereof or any technical
data associated with any Software.
D. Plex grants you a personal, non-commercial, worldwide, royalty-free,
revocable, non-transferable, non-sublicensable, and non-exclusive
license to reproduce the Plex Media Server Software (PMS Software) in
copies and distribute the copies to others, provided that: you may
not charge a fee for the PMS Software, and you may not individually
charge for installing it; you may copy, distribute and install the
PMS Software only as others actually need the PMS Software, and not
more than five (5) times per calendar day or more than twenty-five
(25) times per calendar month; you may not offer the PMS Software to
the public for downloading on or in connection with any commercial
online site, whether or not a fee is charged for the PMS Software;
you shall comply with all other terms and conditions set forth in
this document; you agree that Plex may revoke or terminate the
license granted to you under this paragraph at any time for any
reason in its sole discretion. As an example, this section is
intended to permit reasonable copying and distribution of the PMS
Software in connection with services such as home theater or home
media center installation in which you install the PMS Software on
the computers of your customers as a convenience in connection with
other services or products that you are providing to them, and/or in
Arch Linux repositories and similar distributions.
E. You shall maintain and shall not remove nor obscure any
proprietary notices on the Software, and shall reproduce such
notices exactly on all permitted copies of the Software.
F. You may reverse engineer the Software solely (1) as permitted by
applicable law, or (2) for the purpose of debugging modifications
made by you to certain third party files in source code format that
are licensed under the GNU Lesser General Public License (LGPL) or
under the GNU General Public License version 2 (GPL2) and only
provided that you have made, prior to any such reverse engineering
permitted under this sentence, unsuccessful prior reasonable good
faith efforts to debug such modifications using techniques other than
the reverse engineering of the Software.
G. As between the parties and except as otherwise provided in any
license agreement for Third Party Components, Plex shall own all
title, ownership rights, and intellectual property rights in and to
the Software, and any copies or derivative works thereof, except that
by downloading the Software, you retain any title that you may own in
and to the recording media on which the Software is recorded.
H. You understand that Plex or its licensors may modify or discontinue
offering the Services at any time.
I. You shall not make, or assist others in making, any use of data
adapters or similar technologies used by or with the Services that
are designed to receive and use data from Plex, its third party data
providers, and their affiliates and third parties, other than to
receive and use such data in accordance with these Terms and your
agreement with the third party data providers, and their affiliates
and third parties, including without limitation any data passing
through the Services or otherwise effectively made available by any
Service through an API, a download, a database, or the like.
J. This Agreement does not entitle you to any support, upgrades,
patches, enhancements, or fixes (collectively, “Support”) for the
Services. Any such Support for the Services that may be made
available by Plex, in its sole discretion, shall become part of the
Services and will be subject to these Terms.
Data
Data provided by Plex or other third party data providers may be
delayed or unavailable as specified by Plex or such third party data
providers. Plex does not verify any data provided by Plex or other
third party data providers and disclaims any obligation to do so. Plex,
its third party data providers, and each of their affiliates and
business partners: (1) expressly disclaim the availability, accuracy,
adequacy, or completeness of any data or third party data provider, and
(2) shall not be liable for any errors, omissions, or other defects in,
unavailability of, delays or interruptions in such data or third party
data provider.
Acceptable Use
A. You may not, or allow anyone else to, use any of the Services to do
the following:
i. Infringe the intellectual property rights, proprietary rights,
or rights of publicity or privacy of any third party;
ii. Violate any law, statute, ordinance, or regulation, or perform
any other action that would incur civil liability or constitute
a crime;
iii. Disseminate, transfer or store information or materials in any
form or format that is harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous, or
otherwise objectionable, or that otherwise violate any law or
right of any third party; or
iv. Disseminate any software viruses or any other computer code,
files, programs, or the like that may without limitation
interrupt, destroy, or limit the functionality of any computer
software or hardware or telecommunications equipment, violate
the security of any computer network, or the like.
B. If the occurrence of any prohibited use comes to our attention, we
reserve the right to disable any accounts associated with prohibited
use or otherwise terminate your access to the Services.
Your Content
A. You continue to retain any ownership rights you have in content you
make available via the Services, or otherwise use in conjunction with
the Services. However, by using the Services with particular content,
for example by using the Services to share particular content or
access particular content, you grant to Plex (and to each of the
third parties with whom we work to provide you with the Services) a
worldwide license to reproduce, modify, create derivative works,
transmit, publish, publicly perform, publicly display, distribute,
and otherwise use the particular content and metadata associated with
the content, such as images of you or images otherwise associated
with your account. The rights you grant us in this license are only
for the limited purpose of providing you with our Services. You may
not use the Services in connection with any content for which you do
not have the right to grant us this license.
B. The Services may include features that allow you to share your
content with others. Please be careful when choosing to share content
with other users; Plex is not responsible for how others use your
content. Additionally, you hereby grant to any user with whom you
share content a non-exclusive license to access the content through
the Service, and to use, reproduce in copies, distribute, display and
perform the shared content as permitted through the functionality of
the Service and under this Agreement. You may not share any content
with others via the Services if you do not have the right to grant
this license to any user with whom you share the content.
C. You understand that Plex may delete any content that you post in or
contribute to a message forum or similar service that Plex hosts, in
its sole discretion, for any reason.
Content of Others
A. You acknowledge that all content that you access through use of the
Software or other Services is accessed at your own risk, and you will
be solely responsible for any damage or liability to any party
resulting from such access.
B. You understand that by using the Services you may encounter content
that you may find offensive, indecent, or objectionable. Plex does
not inspect, screen, or otherwise control the content that is posted,
shared or made available via the Services, and Plex does not
guarantee the accuracy, integrity or quality of such content.
C. You acknowledge that unauthorized use of copyrighted content of
others may subject you to civil and criminal penalties, including
possible monetary damages, for copyright infringement.
Developers and Interfacing Software
A. “Interfacing Software” means any software that you obtain or provide
and that accesses or calls any Software provided by Plex as part of
the Services including, but not limited to, plug-ins for the
Services, channel plug-ins, metadata agents, and client applications
that communicate directly or indirectly with the Services.
B. By making, or assisting others in making, Interfacing Software, you
agree to the following terms:
i. You grant Plex and its affiliates worldwide a worldwide,
non-exclusive, and royalty-free right and license to use
(including testing, hosting and linking to), copy, publicly
perform, publicly display, reproduce in copies for
distribution, and distribute the copies of any Interfacing
Software made by you or with your assistance.
ii. You will include in the source code of the Interfacing
Software a copyright notice of the form: Copyright © <year>
<copyright holders>. You grant, and authorize Plex to grant on
your behalf if necessary, a license, free of charge, to any
person obtaining a copy of the Interfacing Software and
associated documentation files from Plex, to deal in the
Interfacing Software without restriction, including without
limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Interfacing
Software, and to permit persons to whom the Interfacing
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 Interfacing Software. THE INTERFACING 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
NON-INFRINGEMENT. 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 INTERFACING SOFTWARE.
iii. You may notify us if you do not wish for Plex to use,
distribute, copy, publicly perform, publicly display, reproduce
in copies for distribution, or distribute copies of any
Interfacing Software that was created by you. Plex will comply
with such a request but Plex must be granted a transition
period of thirty (30) days after receipt of the request to
comply.
A request to take down Interfacing Software must include (1) an
identification of the Interfacing Software you wish to be
removed; (2) your signature in either electronic or physical
form; and (3) the following statements:
i. “I swear under penalty of perjury that I am the owner of
the Interfacing Software or I am authorized to act on
behalf of the owner of the Interfacing Software.”
ii. “I swear under penalty of perjury that the information
in this notification is accurate.”
iv. You shall protect the privacy and legal rights of Plex users.
If the users provide, or the Interfacing Software accesses or
uses, user names, passwords, or other login information or
personal information, you must make the users aware that such
information will be available to the Interfacing Software, and
you must provide privacy notices and protection for those users
in compliance with applicable law. Further, the Interfacing
Software may use that information only for the limited purposes
for which the user has given you permission to do so. If the
Interfacing Software stores personally identifying information
of users or information that a reasonable user would consider
to be sensitive, then the Interfacing Software must do so
securely and only for as long as it is needed. However, if the
user has opted or entered into a separate agreement with you
that allows you or the Interfacing Software to store or use
personally identifying information of users or information that
a reasonable user would consider to be sensitive, then the
terms of that separate agreement will govern your use of such
information. If the user provides the Interfacing Software with
Plex account information, the Interfacing Software may only use
that information to access the user’s Plex account when, and
for the limited purposes for which, the user has given you
permission to do so.
v. Prohibited Uses. Plex prohibits performing certain actions
using the Interfacing Software. You shall not make, or assist
others in making, any Interfacing Software that:
i. Knowingly violates a third party’s terms of service;
ii. Violates any applicable laws or regulations;
iii. Interferes with, disrupts, damages, harms, or accesses
in an unauthorized manner the machines, hardware.
devices, servers, networks, data, or other properties or
services of any other party including, but not limited
to, Plex users, Plex or any network operator;
iv. Posts misleading information about an application’s purpose;
v. Infringes on the intellectual property rights of others; or
vi. Performs any other prohibited action listed under
“Acceptable Use” above.
vi. You will require your end users to comply with any applicable
law and these Terms. You will not knowingly enable your end
users to violate applicable law or these Terms.
vii. You shall indemnify and hold harmless Plex and its officers,
directors, employees, contractors, licensors, suppliers,
distributors, contractors, agents, and third party
contributors from any claims, damages, liabilities, costs and
fees (including reasonable attorney fees) arising from any use
of the Interfacing Software or from Plex’s distribution of the
Interfacing Software.
viii. Brand Features and Attribution
i. “Brand Features” is defined as the trade names,
trademarks, service marks, logos, domain names, and other
distinctive brand features of a party. Except where
expressly stated, these terms do not grant either party
any right, title, or interest in or to the other party’s
Brand Features. Any use by you of Plex’s Brand Features
(including any goodwill associated therewith) will inure
to the benefit of Plex. Plex Brand Features include the
Plex Play Logo (“>” in stylized format) and the
trademarks, trade names and designs as may be identified
from time to time in the Plex Trademark Notice that is
posted at https://www.plex.tv/about/privacy-legal/.
ii. You must seek prior written approval from Plex to
display Plex’s Brand Features, including for the purpose
of promoting or advertising that your Interfacing
Software is for use in conjunction with Plex Services.
Plex, in its sole discretion and in a separate writing
such as an e-mail from an authorized representative of
Plex, may grant you a revocable, non-transferable,
nonexclusive license, without right of sub-license, to
display Plex’s Brand Features for the purpose of
promoting or advertising that your Interfacing Software
is for use in conjunction with Plex Services. You
understand and agree that Plex has the sole discretion to
determine whether your attribution(s) and use of Plex’s
Brand Features are in accordance with the above
requirements and guidelines and that Plex may revoke the
license granted herein at any time, or may require you to
modify your use of Plex’s Brand Features, for any reason
in its sole discretion.
iii. You will not make any statement that suggests a
partnership with, sponsorship by, or endorsement by Plex,
without Plex’s express prior written approval.
iv. In the course of promoting, marketing, or demonstrating
the Services, Plex may produce and distribute incidental
depictions, including screenshots, video, or other
content from your Interfacing Software, and may use your
company or product name. You grant us all necessary
rights for the above purposes.
Children
While Plex does distribute products that may be used by children, the
Services are not intended to be used by children, without involvement,
supervision, and approval of a parent or legal guardian. Therefore, if
an account owner sets parental controls or establishes sub-accounts
that the account owner intends to permit a child to use, the account
owner should not reveal the account password to the child. Plex and its
contributors may not provide controls that restrict the maturity level
of content available via Plex and an adult account owner has sole
responsibility for determining what maturity level is appropriate for
or accessible to any children whom the account owner permits to use the
Plex service or a sub-account.
NO WARRANTY
A. PLEX SERVICES ARE PROVIDED “AS IS”. PLEX MAKES NO WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, AND PLEX EXPRESSLY DISCLAIMS ALL WARRANTIES
WITH RESPECT TO THE PLEX SERVICES, INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT. FURTHER, PLEX DOES NOT WARRANT AGAINST
ERRORS, OMISSIONS, RESULTS OF USE, OR THAT PLEX SERVICES ARE BUG FREE
OR ERROR FREE OR THAT USE WILL BE UNINTERRUPTED. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. ALL THE
FOREGOING DISCLAIMERS ALSO APPLY IN FULL WITH RESPECT TO PLEX’S
LICENSORS, SUPPLIERS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD
PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
B. You agree that Plex and its officers, directors, employees, and
contractors are not responsible for any fault, inaccuracy, error,
omission, delay or any other failure of your equipment and/or
services caused by Plex’s hardware, software, cabling, network
services, or the like, or arising from Plex’s use of such equipment
and/or services.
C. The above disclaimer of warranty applies to software developed by
Plex and any software developed by a third party and provided by Plex
including, but not limited to, Interfacing Software developed by any
Plex user.
Limitation of Liability and Damages
A. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT
LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR
OTHERWISE, SHALL PLEX BE LIABLE TO YOU OR ANY OTHER PERSON OR
ENTITY: (I) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS,
COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR OTHER DAMAGES
RESULTING FROM YOUR USE OF THE SOFTWARE; OR (II) FOR ANY MATTER
BEYOND ITS REASONABLE CONTROL. PLEX’S AGGREGATE LIABILITY FOR DAMAGES
OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED
TO THE LESSER OF THE TOTAL FEES PAID BY YOU TO PLEX (IF ANY) FOR THE
PORTION OF THE SOFTWARE THAT GAVE RISE TO SUCH DAMAGES OR $100
(U.S.), EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW, IN WHICH CASE
PLEX’S LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY
SUCH APPLICABLE LAW. ALL THE FOREGOING LIMITATIONS SHALL APPLY EVEN
IF EITHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
ALL THE FOREGOING LIMITATIONS ALSO APPLY WITH RESPECT TO PLEX’S
SUPPLIERS, LICENSORS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD
PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
B. The above limitations and exclusions apply to software developed by
Plex and any software developed by a third party and provided by Plex
including, but not limited to, Interfacing Software developed by Plex
user.
Third-Party Materials
This website and other Services may provide links to websites,
software, or other materials provided by third parties. Plex does not
endorse and is not responsible or liable for the availability,
accuracy, safety, or intellectual property rights of or relating to
such content. Plex is not liable for any harm caused by any such
materials.
Malware
“Malware” means any known, discovered, envisioned, or invented, or any
yet to be known, discovered, envisioned, or invented: (i) virus, Trojan
horse, or any other harmful, harassing, or malicious software; or (ii)
method, use, or means by which any software, firmware, equipment,
device, communications medium, person, entity, or the like directly or
indirectly engages in or is used for: (a) any unauthorized access; (b)
any unauthorized communication; or (c) any cracks, hacks, exploits, or
other activity, method, use, or means, that may cause harassment, harm,
data loss, data theft, loss of communication, loss of privacy, or the
like. You acknowledge that the Internet, Internet service providers,
shared or dedicated telecommunication lines, wireless access points and
wireless networks, other forms of communication, online resources
including websites and cloud computing environments, or other means
that you use to connect to the Software may not be secure and may be
vulnerable to attack by third parties, and that it is possible to
receive Malware by using the Internet, dedicated lines, other forms of
communication, or other means. In order to protect the Software, you
shall regularly obtain, use, and update appropriate third party
software or other means to protect yourself from Malware and to detect
and remove Malware that may be downloaded using the Internet, dedicated
lines, other forms of communication, or other means. Plex does not
warrant that the Software will be free of Malware including, but not
limited to, Malware that is introduced by third parties, the Internet,
dedicated lines, other forms of communication, or other means.
Waiver and Indemnity
You agree that Plex and its licensors, distributors, contractors,
agents, and third party contributors shall have no liability whatsoever
for any use you make of the Services. You shall indemnify and hold
harmless Plex and its licensors, suppliers, distributors, contractors,
agents, and third party contributors from any claims, damages,
liabilities, costs and fees (including reasonable attorney fees)
arising from your use of the Plex Services as well as from your failure
to comply with any of the Terms, or any losses, damages, claims, costs,
and/or attorneys’ fees arising from any use of or reliance upon any
information received in connection with the Services that comprises or
is based upon data provided by Plex or any third party.
Termination of Services
Plex may at any time, with or without cause and with or without prior
notice, immediately terminate or suspend your Plex account or otherwise
terminate or suspend your access to all or a portion of the Services.
Cause for such termination may include: (a) violations of the Terms or
any other policies or guidelines that are referenced herein; (b) a
request by you to cancel or terminate your account; (c) a request
and/or order from law enforcement, a judicial body, or other government
agency; (d) where providing the Services to you is or may become
unlawful; (e) unexpected technical or security issues or problems; or
(f) your participation in fraudulent or illegal activities. Any such
termination or suspension shall be made by Plex in its sole discretion
and Plex will not be responsible to you or any third party for any
damages that may result or arise out of such termination or suspension
of your access to the Services.
Miscellaneous
A. This Agreement does not give you any rights not expressly and
unambiguously granted herein.
B. No agency, partnership, joint venture, or employment is created as a
result of this Agreement and you do not have any authority of any
kind to bind Plex in any respect whatsoever.
C. If any provision of this Agreement is found to be unenforceable or
invalid, that provision shall be limited or eliminated to the minimum
extent necessary so that this Agreement shall otherwise remain in
full force and effect and enforceable.
D. This Agreement is not assignable, transferable, or sublicensable by
you except with Plex’s prior written consent. Plex may transfer,
assign, or delegate this Agreement and its rights and obligations
without consent.
E. Plex’s failure to enforce any right or provisions in this Agreement
will not constitute a waiver of such or any other provision.
F. This Agreement shall be governed by and construed in accordance
with the laws of the state of California, as if made within
California between two residents thereof, and the parties submit to
the exclusive jurisdiction of the Superior Court of Santa Clara
County and the United States District Court for the Northern District
of California. Notwithstanding the foregoing sentence, but without
limiting Plex’s right to seek injunctive or other equitable relief in
any court of competent jurisdiction, any disputes arising with
respect to this Agreement shall be referred to an arbitrator
affiliated with the Judicial Arbitration and Mediation Services, Inc.
(“JAMS”). The arbitrator shall be selected by joint agreement of the
parties. In the event the parties cannot agree on an arbitrator
within thirty (30) days of the initiating party providing the other
party with written notice that it plans to seek arbitration, the
parties shall each select an arbitrator affiliated with JAMS, which
arbitrators shall jointly select a third such arbitrator to resolve
the dispute. The written decision of the arbitrator shall be final
and binding on the parties. The arbitration proceeding shall be
carried on and heard in Santa Clara County, California using the
English language and pursuant to the rules of (and administered by)
JAMS. In any action or proceeding to enforce rights under this
Agreement, the prevailing party will be entitled to recover costs and
reasonable attorneys’ fees from the other party. A separate written
license agreement or order and signed by Plex and you or your
company, employer, or principal may state other terms and conditions
that apply to you, including terms relating to price, payment,
delivery, confidential information, support services, and the like.
You are solely responsible to review such terms or conditions with
your company, employer or principal. In the event of any conflict in
terms, the terms of the separate license agreement shall supersede
the terms of this Agreement.
G. Both parties agree that this Agreement is the complete and exclusive
statement of the mutual understanding of the parties and supersedes
and cancels all previous written and oral agreements, communications,
and other understandings relating to the subject matter of this
Agreement.
Source: https://www.plex.tv/about/privacy-legal/plex-terms-of-service/

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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"). BY
CONTINUING THE INSTALLATION OF THIS GAME DEMO PROGRAM ENTITLED QUAKE III:
ARENA (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. Subject to the terms and provisions of this
Agreement, ID 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
copyright, trademarks, or other rights related thereto. For purposes 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 3.
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
anyone 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 may not be downloaded
or otherwise exported or 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. Prohibitions. You, either 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 (except as permitted by section 3.
hereinbelow);
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 or alter the
Software including, without limitation, creating or developing extra or
add-on levels for the Software;
h. translate the Software;
i. reproduce or copy the Software (except as permitted by section
3. hereinbelow);
j. publicly display the Software;
k. prepare or develop derivative works based upon the Software; or
l. remove or alter any legal notices or other markings or
legends, such as trademark and copyright notices, affixed on or within
the Software.
3. Permitted Distribution and Copying. So long as this Agreement
accompanies each copy you make of the Software, and so long as you fully
comply, at all times, with this Agreement, ID grants to you the
non-exclusive and limited right to copy the Software and to distribute
such copies of the Software free of charge for non-commercial purposes
which shall include the free of charge distribution of copies of the
Software as mounted on the covers of magazines; provided, however, you
shall not copy or distribute the Software in any infringing manner or
in any manner which violates any law or third party right and you shall
not distribute the Software together with any material which is
infringing, libelous, defamatory, obscene, false, misleading, or
otherwise illegal or unlawful. You agree to label conspicuously as
"SHAREWARE" or "DEMO" each CD or other non-electronic copy of the
Software that you make and distribute. ID reserves all rights not
granted in this Agreement. You shall not commercially distribute the
Software unless you first enter into a separate contract with ID, a
copy of which you may request, but which ID may decline to execute.
For more information visit www.quake3arena.com.
4. Intellectual Property Rights. The Software and all copyrights,
trademarks and all other conceivable intellectual property rights related
to the Software 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 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 complies with this Agreement. You
agree that you are receiving a copy of the Software 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.
5. NO WARRANTIES. ID DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE
SOFTWARE. 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 SUCH AS PRESENTATIONS, WHETHER ORAL
OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ID AND SHOULD NOT BE RELIED
UPON. THIS SECTION 5. SHALL SURVIVE CANCELLATION OR TERMINATION OF THIS
AGREEMENT.
6. 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 and applicable United States federal
law. Copyright and other proprietary matters will be governed by United
States laws and international treaties. 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. You agree to indemnify, defend and hold
harmless ID and ID's officers, employees, directors, agents, 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, 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 AND ID'S OFFICERS, EMPLOYEES,
DIRECTORS, AGENTS, LICENSEES, SUBLICENSEES, SUCCESSORS AND 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 OR ITS AGENT 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 6. shall survive cancellation or termination of this Agreement.
7. U.S. Government Restricted Rights. To the extent applicable,
the United States Government shall only have those rights to use the
Software as expressly stated and expressly limited and restricted in
this Agreement, as provided in 48 C.F.R. §§ 227.7201 through 227.7204,
inclusive.
8. General Provisions. Neither this Agreement nor any part or
portion hereof shall be assigned or sublicensed by you. ID may assign its
rights under this Agreement in ID'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 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, THIS AGREEMENT
AND YOUR LICENSE SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE, AND ID
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, in any manner,
and you shall immediately destroy all copies of the Software in your
possession, custody or control.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, 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 AND YOU, 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 AND YOU RELATING TO THE SUBJECT MATTER OF
THIS AGREEMENT.

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LIMITED USE SOFTWARE LICENSE AGREEMENT
This Limited Use Software License Agreement (this "Agreement") is a legal agreement between you, the end-user, and Id Software, Inc. ("Id Software") and Activision Publishing, Inc. ("Activision"). BY CONTINUING THE INSTALLATION OF THE FULL VERSION GAME PROGRAM ENTITLED RETURN to CASTLE WOLFENSTEIN (THE "SOFTWARE"), BY LOADING OR RUNNING THESOFTWARE, 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. 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 andscreen 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. herein below. You agree that the Software will not be downloaded, shipped, transferred, exported or re-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 Software 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 U.S. has embargoed goods or to anyone or into any country who/which 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. 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 Software 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). You may include within the New Creations certain texturesand other images (the "Software 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 downloaded, shipped, transferred, exported or re-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, theNew Creations in violation of any applicable law. The New Creations shall not be downloaded orotherwise 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 orotherwise 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.
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, 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. herein below);
j. publicly display the Software;
k. prepare or develop derivative works based upon the Software; or
l. remove or alter any notices or other markings or legends, such as trademark or copyright notices, affixed on or within the Software or the Printed Materials (as defined in section 5. below).
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) youmay copy the Software from your computer hard drive into your computer RAM; and (iii) you maymake 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, the Printed Materials and all copyrights, trademarks and all other conceivable intellectual property rights related to the Software and the Printed Materials are ownedby 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 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 limited 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 shall survive the cancellation or termination of this Agreement.
6. 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, THE PRINTED MATERIALS, THE SOFTWARE IMAGES 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 IDSOFTWARE AND SHOULD NOT BE RELIED UPON. This section 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 inmaterial and workmanship for ninety (90) days from the date of purchase. If the recording medium is found defective within ninety (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 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; and (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. ($19 AUD for Australia, or £10.00 for Europe) currency per CD or floppy disk replacement. Note: Certified mail recommended.
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
Parliament House
St. Laurence Way
Slough, Berkshire SL1 2BW
United Kingdom
Disk Replacement: +44 (0) 8705 143 525
In Australia and Asia Pacific territories send to:
Warranty Replacements
Activision
Century Plaza
41 Rawson Street
Epping, NSW 2121
Australia
8. Governing Law, Venue, Indemnity and Liability Limitation. This Agreement shall beconstrued in accordance with and governed by the applicable laws of the State of Texas 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 alllitigation 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 LosAngeles, 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 arisingfrom the New Creations or the distribution or other use of the New Creations or relating to and/orarising from your breach of this Agreement. You agree that your unauthorized use of the Software Images, the Printed Materials, or the Software, or any part thereof, may immediately and irreparably damage Id Software such that Id Software could not be adequately compensated solely by amonetary 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'S AND ACTIVISION'S RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, AGENTS, LICENSEES (EXCLUDING YOU), SUBLICENSEES (EXCLUSING 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 OTHERDAMAGES ARISING FROM ANY ALLEGED CLAIM FOR BREACH OF WARRANTY, BREACH OFCONTRACT, 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.
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. §§ 227.7201through 227.7204, inclusive.
10. 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 tobe 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 beconstrued as a waiver of such provision or of the right to enforce such provision. IMMEDIATELYUPON YOUR FAILURE TO COMPLY WITH OR BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT, YOUR LICENSE GRANTED HEREIN AND THIS AGREEMENT SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE, AND ID SOFTWARE AND ACTIVISION MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU, WHICH 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, 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, 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 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 BYTHE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT, EXCEPTFOR WRITTEN SEPARATE AGREEMENTS, IF ANY, BETWEEN 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, BETWEEN ID SOFTWARE, ACTIVISION AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

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LIMITED USE SOFTWARE LICENSE AGREEMENT
This Limited Use Software License Agreement (this "Agreement") is a legal agreement between you, the end-user, and Id Software, Inc. ("ID"). BY CONTINUING THE DOWNLOAD OR INSTALLATION OF THE GAME PROGRAM ENTITLED WOLFENSTEIN: ENEMY TERRITORY (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. You agree that you are obtaining a copy of the Software via download only, and you acknowledge and agree that you shall not copy or retain the Software except as expressly permitted herein.
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 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 sections 2 and 4 hereinbelow. You agree that the Software will not be downloaded, shipped, transferred, exported or re-exported into any country or to a national or resident of 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, in any other manner, the Software in violation of any applicable law. The Software shall not be downloaded or otherwise exported or re-exported into any country 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 reserves all rights not granted in this Agreement, including, without limitation, all rights to ID's trademarks.
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") that shall operate only with the Software (but not any demo, test or other version of the Software). You may include within the New Creations certain textures and other images (the "Software Images") from the Software. You shall not create any New Creations that infringe against any third-party right or that are libelous, defamatory, obscene, false, misleading, or otherwise illegal or unlawful. You agree that the New Creations will not be downloaded, shipped, transferred, exported or re-exported into any country or to a national or resident of 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, 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 any country 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. 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 permitted only 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 automatically shall terminate, without notice.
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, except as permitted by section 4 hereinbelow;
f. in any other manner and through any medium whatsoever commercially exploit the Software, or use the Software for any commercial purpose, including, without limitation, giving away copies of the Software for free to promote or market any other material;
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;
k. prepare or develop derivative works based upon the Software; or
l. modify, remove or alter this Agreement or any notices or other markings or legends, such as trademark or copyright notices, affixed on or within the Software.
4. Permitted Distribution and Copying. So long as this Agreement accompanies each copy you make of the Software and so long as you fully comply at all times with this Agreement, ID grants to you the non-exclusive and limited right to: (i) copy the Software from the download onto your computer hard drive; (ii) copy the Software from your computer hard drive into your computer RAM; (iii) copy on one (1) hard disk one (1) "back up" or archival copy of the Software; and (iv) copy the Software and distribute such copies as standalone copies on physical media or in electronic format of the Software free of charge for non-commercial purposes and not in connection with any other material. You shall not distribute copies of the Software as mounted on or attached to the covers or any other part of magazines or other printed material. You shall not copy or distribute the Software in any manner that infringes against, misappropriates or otherwise violates any third-party right or that is libelous, defamatory, obscene, false, misleading, or otherwise illegal or unlawful. You shall not receive any postage, shipping, handling or other charge, payment, fee, or other consideration, including items in trade, in exchange for or in connection with copies of Software you may distribute, even if only for reimbursement. You shall not receive any value or consideration in exchange for or in connection with copies of the Software you may distribute. You shall not distribute the Software bundled, co-packaged or together with any material. You shall not distribute the Software in connection with the promotion or marketing of any material. Except as such are included by ID within copies of the Software that you are permitted to make under this Agreement, you shall not reproduce, depict, display or copy the title of the Software, the ID name or any screen display or other element or part of the Software. In exercising your limited rights hereunder, you shall comply, at all times, with all applicable laws, regulations, ordinances and statutes. ID reserves all rights not granted in this Agreement. You shall not commercially distribute the Software unless you first enter into a separate contract with ID, on terms and conditions determined in ID's sole discretion, and only upon your receipt of a written agreement executed by an authorized officer of ID.
5. Intellectual Property Rights. The Software and all copyrights, trademarks and all other conceivable intellectual property rights related to the Software 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 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, or the New Creations, 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. § 109 does not apply to your receipt or use of the Software. This section shall survive the cancellation or termination of this Agreement.
6. NO ID WARRANTIES. ID DISCLAIMS , AND ITS LICENSEE'S (INCLUDING, WITHOUT LIMITATION, ACTIVISION INC. AND ITS AFFILIATES) DISCLAIM, 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 SOFTWARE IMAGES AND OTHERWISE. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY. ID DOES NOT (AND ITS LICENSEES DO 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 (OR ANY ID LICENSEE) AND SHOULD NOT BE RELIED UPON. THIS SECTION SHALL SURVIVE THE CANCELLATION OR TERMINATION OF THIS AGREEMENT.
7. 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 and applicable United States federal law. 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. You hereby agree to indemnify, defend and hold harmless ID and ID's 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. You agree that your unauthorized use of the Software Images, or the Software, or any part thereof, immediately and irreparably will damage ID such that ID could not be compensated adequately solely by a monetary award, and upon such actual or threatened unauthorized use, at ID's option, that ID 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 posting bond or other security. IN ANY CASE, ID, AND ID'S OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, AGENTS, LICENSEES (EXCLUDING YOU), SUBLICENSEES (EXCLUDING YOU), SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY CLAIM BY ANY THIRD PARTY OR FOR ANY 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 OR ID'S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, OR EVEN IF SUCH DAMAGES ARE FORESEEABLE. 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.
8. United States Government Restricted Rights. To the extent applicable, the United States Government shall only have those rights to use the Software as expressly stated and expressly limited and restricted in this Agreement, as provided in 48 C.F.R. §§ 227.7201 through 227.7204, inclusive.
9. General Provisions. Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed by you. ID may assign its rights under this Agreement in ID'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 maximum extent permitted by applicable law. Failure of ID 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 GRANTED HEREIN AND THIS AGREEMENT AUTOMATICALLY SHALL TERMINATE, WITHOUT NOTICE, AND ID 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 or the New Creations, in any manner, and you immediately shall destroy all copies of the Software and the New Creations in your possession, custody or control, and all rights granted hereunder shall revert, without notice, to and be vested in ID.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE DOWNLOAD OR 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, IF ANY, BETWEEN ID 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, BETWEEN ID AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

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END USER LICENCE AGREEMENT FOR RUNESCAPE CLIENT
PLEASE READ CAREFULLY BEFORE INSTALLING THE SOFTWARE
This licence agreement (Licence) is a legal agreement between you (Licensee or you) and Jagex Limited of St John's Innovation Centre Cowley Road, Cambridge, CB4 0WS (Jagex, us or we) for the software program, and any files delivered to you to "patch", update or otherwise modify the software program known as RuneScape Client (Software). We licence use of the Software to you on the basis of this Licence. We do not sell the Software to you and we remain the owners of the Software at all times.
IMPORTANT NOTICE TO ALL USERS:
* BY INSTALLING THE SOFTWARE OR OTHERWISE USING THE SOFTWARE YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU.
* IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENCE THE SOFTWARE TO YOU AND YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE SOFTWARE.
In addition to the terms of this Licence, any and all uses of the Software are subject to the Privacy Policy located at http://www.jagex.com/privacy/privacy.ws; and the Terms and Conditions of use available at: http://www.jagex.com/terms/terms.ws, both of which are incorporated into this Licence by reference.
1 GRANT AND SCOPE OF LICENCE
1.1 Subject to you complying with this Licence, Jagex hereby grant to you a non-exclusive, non-transferable, limited, revocable licence to: (a) download, install and use the Software on one or more computers owned by you or under your legitimate control; and (b) use the Software for your non-commercial, personal purposes only.
2 RESTRICTIONS
2.1 Except as expressly set out in this Licence or as permitted by any local law, you undertake:
a. not to, in whole or in part, copy, reproduce, disassemble, decompile, reverse-engineer or create derivative works of the Software; except where such copying is incidental to normal use of the Software;
b. not to rent, sell, lease, sub-licence, loan, publish, display, distribute or otherwise transfer to a third party the Software, any copy thereof, in whole or in part;
c. not to translate, merge, adapt, vary or make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs; and
d. not to exploit the Software or any of its parts for any commercial purpose.
2.2 Any use of the Software in violation of the Licence and restrictions will be regarded as an infringement of Jagex's copyrights in and to the Software and any use of the Software not expressly authorised by the terms of the Licence is expressly prohibited.
3 INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge that all title, ownership rights and intellectual property rights in and to the Software and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, storylines, catch phrases, locations, concepts, artwork, landscape designs, animations, sounds, musical compositions, recordings and audio-visual effects) anywhere in the world belong to us.
3.2 You acknowledge that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use them in accordance with the terms of this Licence.
4 DISCLAIMER OF WARRANTIES
4.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS, WITHOUT WARRANTY, PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, QUALITY, SATISFACTION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOUR USE IS AT YOUR SOLE RISK. JAGEX DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
5 LIMITATION OF LIABILITY
5.1 SUBJECT TO SECTION 5.3, JAGEX SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SOFTWARE OR ANY USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, JAGEX SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS OR CURRENCY, ACCOUNTS OR STATISTICS. JAGEX SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL JAGEX BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
5.2 In no event shall Jagex's liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) the total fees paid by you for the Software.
5.3 Nothing in this Licence shall limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by English law.
6 TERMINATION
6.1 We may terminate this Licence immediately if you commit a material or persistent breach of this Licence.
6.2 Upon termination for any reason: (a) all rights granted to you under this Licence shall cease; (b) you must immediately cease all activities authorised by this Licence; and (c) you must immediately delete or remove the Software from all computer equipment in your possession.
7 THIRD PARTY ACKNOWLEDGMENTS
7.1 The Software may use or include third-party software ("Third Party Software"). A list of the Third Party Software used in the Software is included at Annex A to this Licence, along with any conditions or restrictions to use. In no event will the Software be deemed to be "open-source" or "publicly available" software.
8 GENERAL
8.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence.
8.2 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
8.3 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
8.4 This Licence, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
8.5 We may replace this Licence with new versions (each a "New EULA") over time as the Software and the law evolve. Jagex may change, modify, suspend, or discontinue any aspect of the Software at any time.
8.6 This Licence constitutes and contains the entire agreement between the parties with respect to the subject matter hereof, provided, however, that this Licence shall coexist with, and shall not supersede, the Terms and Conditions of use and the Privacy Policy.
=================================================================
ANNEX A
This Software uses various Third Party Software libraries and we are grateful to their authors for their work.
-----------------------------------------------------------------
General thanks to:
* LibTomMath author Tom St Denis
* LZMA SDK author Igor Pavlov
* ZLib General Purpose Compression Library authors Jean-loup Gailly and Mark Adler
* LibBZip author Julian Seward
* LibPNG Contributing Authors and Group 42, Inc.
* Paul Bourke for his RGB colour space work http://paulbourke.net/texture_colour/colourspace/
(Used during development, but not part of this distribution):
* CMake contributors
* vera++ contributors
-----------------------------------------------------------------
Conditions or restrictions attaching to use of some of the Third Party Software follows below:
-----------------------------------------------------------------
ANGLE:
Copyright (C) 2002-2013 The ANGLE Project Authors.
All rights reserved.
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 TransGaming Inc., Google Inc., 3DLabs Inc. Ltd., nor the names of their 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 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.
-----------------------------------------------------------------
cURL:
COPYRIGHT AND PERMISSION NOTICE
Copyright (c) 1996 - 2015, Daniel Stenberg, daniel@haxx.se.
All rights reserved.
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.
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 OF THIRD PARTY RIGHTS. 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.
Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in
this Software without prior written authorization of the copyright holder.
-----------------------------------------------------------------
EASTL:
Copyright (C) 2009-2010 Electronic Arts, Inc. 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. Neither the name of Electronic Arts, Inc. ("EA") 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 ELECTRONIC ARTS AND ITS 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 ELECTRONIC ARTS 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.
-----------------------------------------------------------------
GLEW:
The OpenGL Extension Wrangler Library
Copyright (C) 2002-2007, Milan Ikits <milan ikits[]ieee org>
Copyright (C) 2002-2007, Marcelo E. Magallon <mmagallo[]debian org>
Copyright (C) 2002, Lev Povalahev
All rights reserved.
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.
* The name of the author 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 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.
Mesa 3-D graphics library
Version: 7.0
Copyright (C) 1999-2007 Brian Paul All Rights Reserved.
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 BRIAN PAUL 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.
Copyright (c) 2007 The Khronos Group Inc.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and/or associated documentation files (the "Materials"), to deal in the Materials without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Materials, and to permit persons to whom the Materials are 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 Materials.
THE MATERIALS ARE 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 MATERIALS OR THE USE OR OTHER DEALINGS IN THE MATERIALS.
-----------------------------------------------------------------
Paul Bourke's RGB colour space work http://paulbourke.net/texture_colour/colourspace/
(C) Copyright Paul Bourke. All rights reserved
-----------------------------------------------------------------
FXAA algorithm and shader code:
Based on standard FXAA algorithm by Timothy Lottes at NVIDIA, WebGL GLSL port from Florian Boesch:
https://github.com/pyalot/webgl-deferred-irradiance-volumes/blob/master/README.md
MIT Licensed:
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.

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STORAGE NETWORKING INDUSTRY ASSOCIATION
PUBLIC LICENSE
Version 1.1
________________________
1. Definitions.
1.1 "Commercial Use" means distribution or otherwise making the
Covered Code available to a third party.
1.2 "Contributor" means each entity that creates or contributes to
the creation of Modifications.
1.3 "Contributor Version" means the combination of the Original
Code, prior Modifications used by a Contributor, and the
Modifications made by that particular Contributor.
1.4 "Covered Code" means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case
including portions thereof.
1.5 "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic
transfer of data.
1.6 "Executable" means Covered Code in any form other than Source
Code.
1.7 "Initial Developer" means the individual or entity identified
as the Initial Developer in the Source Code notice required by
Exhibit A.
1.8 "Larger Work" means a work which combines Covered Code or
portions thereof with code not governed by the terms of this
License.
1.9 "License" means this document.
1.10 "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.
1.11 "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.
1.12 "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.
1.13 "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.
1.14 "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.
1.15 "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 actual 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.
(b) Contributor API's. If Contributor's Modifications include an
application programming interface and Contributor has actual
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 most 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 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 (excluding any liability
arising from intellectual property claims relating to the Covered
Code) 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 obligation 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 or any Contributor. You hereby agree to
indemnify the Initial Developer and every Contributor for any
liability (excluding any liability arising from intellectual
property claims relating to the Covered Code) incurred by the
Initial 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. The Storage Networking Industry Association (the
"SNIA") 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 the SNIA. No one other than the SNIA 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 "Storage Networking
Industry Association," "SNIA," 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 SNIA Public
License. (Filling in the name of the Initial 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 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 a reasonable time after 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 declaratory judgment actions) against Initial
Developer or a Contributor (the Initial 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.
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, 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. 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 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.
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 this License or the alternative licenses, if
any, specified by the Initial Developer in the file described in
Exhibit A.
14. ACCEPTANCE. This License is accepted by You if You retain, use, or
distribute the Covered Code for any purpose.
EXHIBIT A - The SNIA Public License.
The contents of this file are subject to the SNIA Public 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
/http://www.snia.org/English/Resources/Code/OpenSource.html
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 Initial Developer of the Original Code is [COMPLETE THIS] .
Contributor(s): ______________________________________.

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This license applies to all portions of Subversion which are not
externally-maintained libraries (e.g. apr/, apr-util/, and neon/).
Such libraries have their own licenses; we recommend you read them, as
their terms may differ from the terms below.
This is version 1 of this license. It is also available online at
http://subversion.tigris.org/license-1.html. If newer versions of
this license are posted there (the same URL, but with the version
number incremented: .../license-2.html, .../license-3.html, and so
on), you may use a newer version instead, at your option.
================================================================
Copyright (c) 2000-2006 CollabNet. 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
CollabNet (http://www.Collab.Net/)."
Alternately, this acknowledgment may appear in the software itself,
if and wherever such third-party acknowledgments normally appear.
4. The hosted project names must not be used to endorse or promote
products derived from this software without prior written
permission. For written permission, please contact info@collab.net.
5. Products derived from this software may not use the "Tigris" name
nor may "Tigris" appear in their names without prior written
permission of CollabNet.
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 COLLABNET 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 CollabNet.

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Copyright (c) 2005-2006, Mark Watkins, Institut Henri Poincare, University of Bristol.
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
* Redistribution of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
* Redistribution 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.
* If redistribution is done as a part of a compilation that has a more
restrictive license (such as the GPL), then the fact that SYMPOW has
a less restrictive license must be made clear to the recipient.
For example, a line like (include bracketed text if SYMPOW is modified):
"This compilation includes [a modification of] SYMPOW whose [original]
code has a less-restrictive license than the entire compilation."
should appear in a suitable place in the COPYING and/or LICENSE file.
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.

47
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SYNOLOGY, INC.
END USER LICENSE AGREEMENT
IMPORTANT–READ CAREFULLY: THIS END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY) AND SYNOLOGY, INC. ("SYNOLOGY") FOR THE SYNOLOGY SOFTWARE INSTALLED ONTO THE SYNOLOGY PRODUCT PUCHASED BY YOU (THE "PRODUCT"), OR LEGALLY DOWNLOADED FROM WWW.SYNOLOGY.COM, OR ANY OTHER CHANNEL PROVIDED BY SYNOLOGY ( "SOFTWARE").
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY USING THE PRODUCTS CONTAINING THE SOFTWARE, INSTALLING THE SOFTWARE ONTO THE PRODUCTS OR DEVICE CONNECTED TO THE PRODUCTS. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT USETHE PRODUCTS CONTAINING THE SOFTWAREOR DOWNLOAD THE SOFTWARE FROM WWW.SYNOLOGY.COM, OR ANY OTHER CHANNEL PROVIDED BY SYNOLOGY.INSTEAD, YOU MAY RETURN THE PRODUCT TO THE RESELLER WHERE YOU PURCHASED IT FOR A REFUND IN ACCORDANCE WITH THE RESELLER'S APPLICABLE RETURN POLICY.
Section 1. Limited Software License. Subject to the terms and conditions of this EULA, Synology grants you a limited, non-exclusive, non-transferable, personal license to install, run and use one copy of the Software loaded on the Product or on your device connected to the Product solely relating to your authorized use of the Product.
Section 2. Documentation. You may make and use a reasonable number of copies of any documentation provided with the Software; provided that such copies will only be used for internal business purposes and are not to be republished or redistributed (either in hard copy or electronic form) to any third party.
Section 3. Backup. You may make a reasonable number of copies of the Software for backup and archival purposes only.
Section 4. Updates. Any software provided to you by Synology or made available on the Synology website at www.synology.com ("Website") or any other channel provided by Synology that updates or supplements the original Software is governed by this EULA unless separate license terms are provided with such updates or supplements, in which case, such separate terms will govern.
Section 5. License Limitations. The license set forth in Sections 1, 2 and 3 applies only to the extent that you have ordered and paid for the Product and states the entirety of your rights with respect to the Software. Synology reserves all rights not expressly granted to you in this EULA. Without limiting the foregoing, you shall not authorize or permit any third party to: (a) use the Software for any purpose other than that in connection with the Product; (b) license, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Software; (c) reverse engineer, decompile, disassemble or attempt to discover the source code of or any trade secrets related to the Software, except and only to the extent that such conduct is expressly permitted by applicable law notwithstanding this limitation; (d) adapt, modify, alter, translate or create any derivative works of the Software; (e) remove, alter or obscure any copyright notice or other proprietary rights notice on the Software or Product; or (f) circumvent or attempt to circumvent any methods employed by Synology to control access to the components, features or functions of the Product or Software. Subject to the limitations specified in this Section 5, you are not prohibited from providing any services hosted by Synology NAS server to any third party for commercial purpose.
Section 6. Open Source. The Software may contain components licensed to Synology under the GNU General Public License ("GPL Components"), currently available at http://www.gnu.org/licenses/gpl.html. The terms of the GPL will control solely with respect to the GPL Components to the extent that this EULA conflicts with the requirements of the GPL with respect to your use of the GPL Components, and, in such event, you agree to be bound by the GPL with respect to your use of such components.
Section 7. Audit. Synology will have the right to audit your compliance with the terms of this EULA. You agree to grant Synology a right to access to your facilities, equipment, books, records and documents and to otherwise reasonably cooperate with Synology in order to facilitate any such audit by Synology or its agent authorized by Synology.
Section 8. Ownership. The Software is a valuable property of Synology and its licensors, protected by copyright and other intellectual property laws and treaties. Synology or its licensors own all rights, titles and interests in and to the Software, including but not limited to copyright and any other intellectual property rights.
Section 9. Limited Warranty. Synology provides a limited warrant that the Software will substantially conform to Synology's published specifications for the Software, if any, or otherwise set forth on the Website, for a period required by your local law. Synology will use commercially reasonable efforts to, in Synology's sole discretion, either correct any such nonconformity in the Software or replace any Software that fails to comply with the foregoing warranty, provided that you give Synology written notice of such noncompliance within the warranty period. The foregoing warranty does not apply to any noncompliance resulting from any: (w) use, reproduction, distribution or disclosure not in accordance with this EULA; (x) any customization, modification or other alteration of the Software by anyone other than Synology; (y) combination of the Software with any product, services or other items provided by anyone other than Synology; or (z) your failure to comply with this EULA.
Section 10. Support. During the period specified in the Section 9, Synology will make available to you the support services. Following the expiration of the applicable period, support for Software may be available from Synology upon written request.
Section 11. Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED "AS IS" AND WITH ALL FAULTS. SYNOLOGY AND ITS SUPPLIERS HEREBY DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, SYNOLOGY DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE OF BUGS, ERRORS, VIRUSES OR OTHER DEFECTS.
Section 12. Disclaimer of Certain Damages. IN NO EVENT WILL SYNOLOGY OR ITS LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, INFORMATION, REVENUE, PROFIT OR BUSINESS) ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR OTHERWISE UNDER OR IN CONNECTION WITH THIS EULA OR THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY EVEN IF SYNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 13. Limitation of Liability. SYNOLOGY'S AND ITS SUPPLIERS' LIABILITY ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR OTHERWISE UNDER OR IN CONNECTION WITH THIS EULA OR THE SOFTWARE IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT REGARDLESS OF THE AMOUNT OF DAMAGES YOU MAY INCUR AND WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY. The foregoing disclaimer of warranties, disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states/jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. To the extent that those laws apply to this EULA, the exclusions and limitations set forth above may not apply to you.
Section 14. Export Restrictions. You acknowledge that the Software is subject to U.S. export restrictions. You agree to comply with all applicable laws and regulations that apply to the Software, including without limitation the U.S. Export Administration Regulations.
Section 15. Termination. Without prejudice to any other rights, Synology may terminate this EULA if you do not abide by the terms and conditions contained herein. In such event, you must cease use of the Software and destroy all copies of the Software and all of its component parts.
Section 16. Assignment. You may not transfer or assign your rights under this EULA to any third party, except for that pre-installed in the Products. Any such transfer or assignment in violation of the foregoing restriction will be void.
Section 17. Applicable Law. Unless expressly prohibited by local law, this EULA is governed by and construed in accordance with the laws of the country, in accordance with which Synology Inc. was organized without regard to any conflict of law principles to the contrary.
Section 18. Dispute Resolution. Any dispute, controversy or claim arising out of or relating to this EULA will be resolved exclusively and finally by arbitration conducted by three neutral arbitrators in accordance with the procedures of the Arbitration Law and related enforcement rules of the country in which Synology Inc. was organized. In such cases, the arbitration will be limited solely to the dispute between you and Synology. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitration shall take place in Taipei and the arbitration proceedings shall be conducted in English or, if both parties so agree, in Mandarin Chinese. The arbitration award shall be final and binding on the parties and may be enforced in any court having jurisdiction. You understand that, in the absence of this provision, you would have had a right to litigate any such dispute, controversy or claim in a court, including the right to litigate claims on a class-wide or class-action basis, and you expressly and knowingly waives those rights and agrees to resolve any disputes through binding arbitration in accordance with the provisions of this Section 18. Nothing in this Section shall be deemed to prohibit or restrict Synology from seeking injunctive relief or seeking such other rights and remedies as it may have at law or equity for any actual or threatened breach of any provision of this EULA relating to Synology's intellectual property rights.
Section 19. Attorneys' Fees. In any arbitration, mediation, or other legal action or proceeding to enforce rights or remedies under this EULA, the prevailing party will be entitled to recover, in addition to any other relief to which it may be entitled, costs and reasonable attorneys' fees.
Section 20. Severability. If any provision of this EULA is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this EULA will remain in full force and effect.
Section 21. Entire Agreement. This EULA sets forth the entire agreement of Synology and you with respect to the Software and the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements whether written or oral. No amendment, modification or waiver of any of the provisions of this EULA will be valid unless set forth in a written instrument signed by the party to be bound thereby.

1
sdk_container/src/third_party/portage-stable/licenses/Unicode_Fonts_for_Ancient_Scripts vendored
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In lieu of a licence: Fonts in this site are offered free for any use; they may be opened, edited, modified, regenerated, posted, packaged and redistributed.

64
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VALVE, L.L.C.
SDK LICENSE
This SDK License (the "Agreement") is made by and between you (the "Licensee") and VALVE, L.L.C., a Washington limited liability company ("Valve"), with offices located at 520 Kirkland Way, #201, Kirkland, WA 98033.
BY CLICKING "I AGREE" BELOW, AND/OR BY DOWNLOADING THE VALVE SOFTWARE DEVELOPMENT KIT FOR HALF-LIFE (THE "SDK"), YOU AGREE TO BE BOUND BY THIS AGREEMENT.
Whereas, Valve is the developer of the Half-Life computer game and the SDK;
Whereas, Licensee wishes to develop a modified game running only on the Half-Life engine (a "Mod") for free distribution in object code form only to licensed end users of Half-Life; and
Whereas, Licensee wishes to receive, and Valve wishes to disclose to Licensee, an object code version of the Engine, the SDK, and other information as deemed appropriate by Valve, all on the terms set forth herein;
Now, therefore, in consideration of the mutual promises made herein, the parties agree as follows:
1. License.
1.1 License Grant. Valve hereby grants Licensee a nonexclusive, royalty-free, terminable, worldwide, nontransferable license to:
(a) use, reproduce and modify the SDK in source code form, solely to develop a Mod; and
(b) reproduce, distribute and license the Mod in object code form, solely to licensed end users of Half-Life, without charge.
1.2 Updates. Valve may from time to time, in its sole discretion, provide updates, error corrections, and future versions of the SDK to Licensee. Upon delivery, such updates, error corrections and future versions shall be deemed part of the SDK, as applicable, under this Agreement.
1.3 Reservation of Rights. Valve reserves all rights not explicitly granted herein.
1.4 Indemnity. Licensee hereby agrees that it is solely responsible for any and all Mods and Licensee's creation, distribution, and promotion thereof. Licensee shall defend, indemnify, and hold harmless Valve, its officers, directors, employees and agents against any and all claims, damages, losses, or liabilities whatsoever arising out of Licensee's creation, distribution, or promotion of the Mod.
1.5 Trademarks. Licensee acknowledges and agrees that this Agreement does not grant Licensee any right to use any trademarks or trade names of Valve, Sierra On-Line, Inc., or their licensors. All such marks shall remain the property of the respective owner.
2. Term.
2.1 Term. This Agreement shall become effective as of the date Licensee downloads or installs the SDK and shall expire 1 year after such date.
2.2 Termination. Valve may terminate this Agreement immediately upon written (including email) notice to Licensee. The Agreement will terminate automatically upon Licensee's breach of any term of this Agreement.
2.3 Survival. Sections 1.4, 1.5, 2.2, 2.3, and 3-5 shall survive any expiration or termination of this Agreement.
3. Disclaimer of Warranties; Limitation of Liability
3.1 NO WARRANTIES. VALVE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SDK, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
3.2 LIMITATION OF LIABILITY. IN NO EVENT SHALL VALVE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE ENGINE AND/OR THE SDK, EVEN IF VALVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. No Exclusivity.
Neither this Agreement nor the disclosure or receipt of Information shall constitute or imply any promise to or intention to make any purchase of products or services by either party or its affiliated companies or any commitment by either party or its affiliated companies with respect to the present or future marketing of any product or service or any commitment to enter into any other business relationship. Except for the license and use restrictions expressly set forth herein, each party will be free (1) to pursue, negotiate, and enter into similar relationships with third parties and (2) to develop, market, and make available similar products and services. Neither party will be obligated to enter into any other agreement with the other party by virtue of this Agreement.
5. General.
5.1 Modification. No amendment or modification of this Agreement shall be valid or binding on the parties unless made in writing and signed on behalf of both of the parties by their respective duly authorized officers or representatives.
5.2 Assignment. Licensee may not assign this agreement without the prior written consent of Valve. Subject to the limitations set forth in this Agreement, this Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns.
5.3 Severability. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
5.4 Governing Law, Jurisdiction and Venue. This Agreement shall be governed by the laws of the State of Washington. Each of the parties hereto submits to jurisdiction and venue in the state and federal courts sitting in King County, Washington.
5.5 Entire Agreement. This Agreement constitutes the entire understanding between the parties hereto and supersedes all previous communications, representations and understandings, oral or written, between the parties, with respect to the subject matter of this Agreement.
CLICK BELOW TO INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE, YOU MAY NOT DOWNLOAD AND/OR USE THE SDK.
"I DO NOT AGREE" "I AGREE"

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LICENSE AGREEMENT FOR VOLANOMARK(TM)
Please read the following Agreement carefully.
This product includes software developed by the Apache Software
Foundation (http://www.apache.org/). Copyright (c) 1999-2001 The Apache
Software Foundation. All rights reserved. See the following files for
the corresponding Apache Software Licenses:
license-tomcat.txt - the Apache Tomcat license
license-xerces.txt - the Apache Xerces license
Installation of VolanoMark Server Software Program (hereinafter
"Product") is contingent on your (hereinafter "Recipient") agreement to
the following terms:
1. GRANT OF LICENSE.
(a) Volano grants to Recipient a limited, non-exclusive, nontransferable
license to use copies of the executable code of the VolanoMark Server
software on computers residing on Recipient's premises.
(b) Recipient shall not rent, lease, sell, sublicense, assign, or
otherwise transfer Product, including any accompanying documentation or
printed materials. Recipient may not reverse engineer, decompile or
disassemble the Product. Volano and its suppliers shall retain title and
all ownership rights to the Product.
2. PRODUCT MAINTENANCE.
Volano is not obligated to provide maintenance or updates to Recipient
for the Product. However, any maintenance or updates provided by Volano
shall be covered by this Agreement.
3. DISCLAIMER OF WARRANTY.
THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES AS TO
PERFORMANCE OR MERCHANTABILITY.
THIS PROGRAM IS PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES
WHATSOEVER. BECAUSE OF THE DIVERSITY OF CONDITIONS AND HARDWARE UNDER
WHICH THIS PROGRAM MAY BE USED, NO WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE IS OFFERED. THE USER IS ADVISED TO TEST THE PROGRAM THOROUGHLY
BEFORE RELYING ON IT. THE USER MUST ASSUME THE ENTIRE RISK OF USING THE
PROGRAM. ANY LIABILITY OF SELLER OR MANUFACTURER WILL BE LIMITED
EXCLUSIVELY TO PRODUCT REPLACEMENT.
4. GOVERNING LAW; ATTORNEYS FEES.
This Agreement shall be governed by the laws of the State of California
and Recipient further consents to jurisdiction by the state and federal
courts sitting in the State of California. If either Volano or Recipient
employs attorneys to enforce any rights arising out of or relating to
this Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees.
5. ENTIRE AGREEMENT.
This Agreement constitutes the complete and exclusive agreement between
Volano and Recipient with respect to the subject matter hereof, and
supersedes all prior oral or written understandings, communications or
agreements not specifically incorporated herein. This Agreement may not
be modified except in a writing duly signed by an authorized
representative of Volano and Recipient.

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You should visit http://support.wolfram.com/technotes/latestfonts.en.html
for up to date license and accept it. As of 02.12.2008 the text on that page was:
READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. IT IS AN AGREEMENT BETWEEN
WOLFRAM RESEARCH, INC. ("WRI"), AND YOU. ACCEPTANCE OF ITS TERMS CREATES A
BINDING CONTRACT BETWEEN YOU AND WRI.
Wolfram Research, Inc. ("WRI") licenses Mathematica fonts to individual users
downloading from this site. All WRI fonts are copyright Wolfram Research, Inc.
or its vendors. All rights reserved. WRI fonts are not in the public domain.
WRI reserves the right to control all distribution of the Mathematica fonts and
does not, at this time, allow them to be widely distributed via any servers,
archives, or non-WRI software products of any kind without express written
consent of WRI. There are no restrictions on embedding the fonts in documents
transmitted to service bureaus, publishers, or other users of WRI products.
There are no restrictions on widely distributing metrics files generated from
the Mathematica fonts.
WRI does not require authors to credit Wolfram Research for the use of the
Mathematica fonts in published papers. However, such credit is appreciated.
“Mathematica fonts by Wolfram Research, Inc.” is sufficient.

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License Agreement for WebStorm
Commercial License
IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS SOFTWARE, YOU (LICENSEE, AS DEFINED BELOW) ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD, INSTALL AND USE THE SOFTWARE.
1. PARTIES
(a) "Licensor" means JetBrains s.r.o., having its principal place of business at Na hrebenech II 1718/10, Prague, 14700, Czech Republic, registered with Commercial Register kept by the Municipal Court of Prague, Section C, file 86211, ID.Nr.: 265 02 275.
(b) "Licensee" means the individual or legal entity specified in the License Certificate. For legal entities, "Licensee" includes any entity which controls, is controlled by, or is under common control with Licensee. 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 beneficial ownership of such entity.
2. DEFINITIONS
(a) "Authorized User" means (i) if Licensee is an individual, solely Licensee; (ii) if Licensee is a legal entity, any employee, independent contractor and other temporary worker authorized by Licensee to use Software while performing duties within the scope of their employment or assignment.
(b) "Software" means software program known as WebStorm in binary form, including its documentation, upgrades provided pursuant to Section 8 of this Agreement, and any third party software programs that are owned and licensed pursuant to Section 5 of this Agreement by parties other than Licensor and that are either integrated with or made part of WebStorm (collectively, "Third Party Software").
(c) "License Certificate" means evidence of a license provided by Licensor to Licensee in electronic or printed form.
(d) "License Key" means a unique key-code that enables a single Authorized User to use Software at a time. Only Licensor and/or its representatives are permitted to produce License Keys for Software.
3. OWNERSHIP
(a) Software is the property of Licensor or its suppliers. Software is licensed, not sold. Title and copyrights to Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Licensor and its suppliers.
(b) Software is protected by United States Copyright Law and International Treaty provisions. Further, the structure, organization, and code embodied in Software are the valuable and confidential trade secrets of Licensor and its suppliers and are protected by intellectual property laws and treaties. Licensee agrees to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws.
4. GRANT OF LICENSE
Subject to the terms, conditions, and limitations set forth in this Agreement, including any amendments thereto, Licensor hereby grants to Licensee a limited, non-exclusive, non-transferable license to use Software as follows:
(a) Licensee may:
(i) install and use the version of Software specified in License Certificate(s) on multiple computers and operating systems, provided that a number of concurrent users never exceeds the number of Authorized Users specified in the appropriate License Certificate(s) and that the same License Key is not used by multiple Authorized Users, on multiple computers, or on different operating systems at a time, and
(ii) make one back-up copy of Software solely for archival purposes.
(b) Licensee may not:
(i) sell, redistribute (except as set forth in Paragraph 5 herein), encumber, give, lend, rent, lease, sublicense, or otherwise transfer Software, or any portions of Software, to anyone without the prior written consent of Licensor;
(ii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of Software, or create derivative works from Software, or
(iii) allow the use of the same License Key by multiple Authorized Users, on multiple computers, or on different operating systems at a time.
5. THIRD PARTY SOFTWARE LICENSE
(a) Licensee agrees to comply with the terms and conditions contained in Third-Party Software license agreements with respect to the applicable Third-Party Software.
(b) Licensee agrees and acknowledges that Sections 9 and 10 of this Agreement shall also govern Licensee's use of the Third-Party Software. Licensor will have no responsibility with respect to any Third Party Software, and Licensee will look solely to the licensor(s) of the Third Party Software for any remedy. Licensor claims no right in the Third Party Software, and the same is owned exclusively by the licensor(s) of the Third Party Software.
(c) LICENSOR PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY THIRD PARTY SOFTWARE.
6. RESTRICTED USE DURING EVALUATION PERIOD
(a) Subject to the terms of this Agreement, Licensee is granted a right to use Software for evaluation purposes without charge for a period of thirty (30) days from the date of installation of Software unless otherwise specified (Evaluation Period).
(b) Licensees use of Software during Evaluation Period shall be limited to the internal evaluation of Software for the sole purpose of determining whether Software meets Licensees requirements and whether Licensee desires to continue using Software.
(c) Upon expiration of Evaluation Period, Licensee must obtain License Key for perpetual use of Software or cease using Software. Software contains a feature that will automatically disable Software upon expiration of Evaluation Period. Licensee may not disable, destroy, or remove this feature of Software, and any attempt to do so will be in violation of this Agreement and will terminate Licensee's rights to use Software.
7. LICENSE FEES AND PAYMENTS
Licensee will pay to Licensor the license fee and other charges and expenses as set forth in an appropriate invoice or other purchase documentation. Licensor may charge Licensee interest for any payment that is more than thirty (30) days past due at the rate of one and one-half percent (1.5%) per month or the highest amount allowed by law, whichever is lower.
8. UPGRADES
(a) All generally available Upgrades to Software will be free of charge to Licensee during the initial one (1) year period after purchase of Software. Upon installing any Upgrade, Licensee must cease using a previous version of Software and destroy License Key provided by Licensor for a previous version of Software.
(b) If not agreed otherwise in writing between Licensor and Licensee, upon upgrading to new version of Software the relationship between parties shall be governed and amended (if applicable) by the terms and conditions of License agreement related to Software available at www.jetbrains.com on the day of upgrade download or purchase.
9. LIMITED WARRANTY
SOFTWARE IS PROVIDED TO LICENSEE "AS IS" AND WITHOUT WARRANTIES. LICENSOR MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR, AND ITS AFFILIATES, SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
10. DISCLAIMER OF DAMAGES
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY USER OF SOFTWARE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR 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 THE USE OR INABILITY TO USE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
(b) IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR SOFTWARE UNDER THIS AGREEMENT.
11. EXPORT REGULATIONS
Licensee agrees and accepts that Software may be subject to import and export laws of any country, including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). Licensee acknowledges that it is not a citizen, national, or resident of, and is not under control of the governments of Cuba, Iran, North Korea, Sudan or Syria and is not otherwise a restricted end-user as defined by applicable export control laws. Further, Licensee acknowledges that it will not download or otherwise export or re-export Software or any related technical data directly or indirectly to the above-mentioned countries or to citizens, nationals, or residents of those countries, or to any other restricted end user or for any restricted end-use.
12. TERM AND TERMINATION
(a) Except as otherwise provided in License Certificate, the license granted herein shall be perpetual.
(b) If Licensee fails to comply with the terms and conditions of this Agreement, this Agreement and Licensee's right and license to use Software will terminate immediately. Licensee may terminate this Agreement at any time by notifying Licensor. Upon the termination of this Agreement, Licensee must cease using Software and delete Software from its computers and archives.
(c) LICENSEE AGREES THAT UPON TERMINATION OF THIS AGREEMENT FOR ANY REASON, LICENSOR MAY TAKE ACTIONS SO THAT SOFTWARE NO LONGER OPERATES.
13. MARKETING
Licensee agree to be identified as a customer of Licensor and that Licensor may refer to Licensee by name, trade name and trademark, if applicable, and may briefly describe Licensee's business in Licensor's marketing materials, on Licensor's web site, in public or legal documents. Licensee hereby grants Licensor a license to use Licensee's name and any of Licensee's trade names and trademarks solely pursuant to this marketing section.
14. GENERAL
(a) Licensor reserves the right at any time to cease the support of Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of Software.
(b) This Agreement, including the Third Party Software license agreements, constitutes the entire agreement between the parties concerning Licensee's use of Software, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to Software. No purchase order, other ordering document or any hand written or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both Licensee and Licensor.
(c) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement will be enforceable notwithstanding said expiration or termination.
(d) This Agreement will be governed by the laws of Czech Republic, without reference to conflict of laws principles. Licensee agrees that any litigation relating to this Agreement may only be brought in, and will be subject to the jurisdiction of, any Court of Czech Republic.
(e) Titles are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Either Licensor or Licensee may assign this Agreement in the case of a merger or sale of substantially all of its respective assets to another entity. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and assigns.
For exceptions or modifications to this Agreement, please contact Licensor at:
Address: Na hrebenech II 1718/10, Prague, 14700, Czech Republic
Fax: +420 241 722 540
E-mail: sales@jetbrains.com

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License Agreement for WebStorm
Academic License
IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS SOFTWARE, YOU (LICENSEE, AS DEFINED BELOW) ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD, INSTALL AND USE THE SOFTWARE.
1. PARTIES
(a) "Licensor" means JetBrains s.r.o., having its principal place of business at Na hrebenech II 1718/10, Prague, 14700, Czech Republic, registered with Commercial Register kept by the Municipal Court of Prague, Section C, file 86211, ID.Nr.: 265 02 275.
(b) "Licensee" means the individual who is a student, faculty or staff member at an educational institution, or the educational institution specified in the License Certificate, exercising rights under, and complying with all of the terms of, this Agreement. For purposes of this definition, "educational institution" means a public or private school, college, university or other post secondary educational establishment.
2. DEFINITIONS
(a) "Authorized User" means (i) if Licensee is an individual, solely Licensee; (ii) if Licensee is an educational institution, any student, faculty or staff member authorized by Licensee to use the Software while performing duties within the scope of their employment or assignment.
(b) "Client" means a computer device used by Authorized User for running the Software.
(c) "License Certificate" means evidence of a license provided by Licensor to Licensee in electronic or printed form.
(d) "License Key" means a unique key-code that enables a single Authorized User to use the Software at a time. Only Licensor and/or its representatives are permitted to produce License Keys for the Software.
(e) "Software" means software program known as WebStorm in binary form, including its documentation, upgrades provided pursuant to Section 8 of this Agreement, and any third party software programs that are owned and licensed pursuant to Section 5 of this Agreement by parties other than Licensor and that either integrated with or made part of WebStorm (collectively, "Third Party Software").
3. OWNERSHIP
(a) The Software is the property of Licensor or its suppliers. The Software is licensed, not sold. Title and copyrights to the Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of the Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Licensor and its suppliers.
(b) The Software is protected by United States Copyright Law and International Treaty provisions. Further, the structure, organization, and code embodied in the Software are the valuable and confidential trade secrets of Licensor and its suppliers and are protected by intellectual property laws and treaties. Licensee agrees to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws.
4. GRANT OF LICENSE
Subject to the terms, conditions, and limitations set forth in this Agreement, including any amendments thereto, Licensor hereby grants to Licensee a limited, non-exclusive, non-transferable license to use the Software as follows:
(a) Licensee may:
(i) install and use the licensed edition and version of the Software specified in License Certificate(s) on any number of Clients and on any operating system supported by the Software, provided that a number of concurrent users of the Software never exceeds the number of Authorized Users specified in the appropriate License Certificate(s) and that the same License Key is not used by multiple Authorized Users, on multiple Clients, or on different operating systems at a time;
(ii) use the Software for non-commercial, educational purposes only, including conducting academic research or providing educational services; and
(iii) make one back-up copy of the Software solely for archival purposes.
(b) Licensee may not:
(i) sell, redistribute, encumber, give, lend, rent, lease, sublicense, or otherwise transfer the Software, or any portions of the Software, to anyone without the prior written consent of Licensor;
(ii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;
(iii) allow the use of the same License Key by multiple Authorized Users, on multiple Clients or on different operating systems at a time. The Software may contain a feature preventing concurrent use of the same License Key by multiple Authorized Users, on multiple Clients or on different operating systems at a time;
(iv) use the Software for any commercial purpose.
5. THIRD PARTY SOFTWARE LICENSE
(a) Licensee agrees to comply with the terms and conditions contained in Third-Party Software license agreements with respect to the applicable Third-Party Software.
(b) Licensee agrees and acknowledges that Sections 9 and 10 of this Agreement shall also govern Licensee's use of the Third-Party Software. Licensor will have no responsibility with respect to any Third Party Software, and Licensee will look solely to the licensor(s) of the Third Party Software for any remedy. Licensor claims no right in the Third Party Software, and the same is owned exclusively by the licensor(s) of the Third Party Software.
(c) LICENSOR PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY THIRD PARTY SOFTWARE.
6. RESTRICTED USE DURING EVALUATION PERIOD
(a) Subject to the terms of this Agreement, Licensee is granted a right to use the Software for evaluation purposes without charge for a period of thirty (30) days from the date of installation of the Software unless otherwise specified (Evaluation Period).
(b) Licensees use of the Software during Evaluation Period shall be limited to the internal evaluation of the Software for the sole purpose of determining whether the Software meets Licensees requirements and whether Licensee desires to continue using the Software.
(c) Upon expiration of Evaluation Period, Licensee must obtain License Key for perpetual use of the Software or cease using the Software. The Software contains a feature that will automatically disable the Software upon expiration of Evaluation Period. Licensee may not disable, destroy, or remove this feature of the Software, and any attempt to do so will be in violation of this Agreement and will terminate Licensee's rights to use the Software.
7. LICENSE FEES AND PAYMENTS
Licensee will pay to Licensor the license fee and other charges and expenses as set forth in an appropriate invoice or other purchase documentation. Licensor may charge Licensee interest for any payment that is more than thirty (30) days past due at the rate of one and one-half percent (1.5%) per month or the highest amount allowed by law, whichever is lower.
8. UPGRADES
(a) All generally available Upgrades to the Software will be free of charge to Licensee during the initial one (1) year period after purchase of the Software. If Licensee obtains a new License Key for upgrade, Licensee shall destroy a License Key obtained for the previous version of the Software.
(b) If not agreed otherwise in writing between Licensor and Licensee, upon upgrading to new version of Software the relationship between parties shall be governed and amended (if applicable) by the terms and conditions of Licensee agreement related to Software available at www.jetbrains.com on the day of upgrade purchase.
9. LIMITED WARRANTY
SOFTWARE IS PROVIDED TO LICENSEE "AS IS" AND WITHOUT WARRANTIES. LICENSOR MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR, AND ITS AFFILIATES, SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
10. DISCLAIMER OF DAMAGES
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY USER OF SOFTWARE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR 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 THE USE OR INABILITY TO USE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
(b) IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR SOFTWARE UNDER THIS AGREEMENT.
11. EXPORT REGULATIONS
Licensee agrees and accepts that Software may be subject to import and export laws of any country, including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). Licensee acknowledges that it is not a citizen, national, or resident of, and is not under control of the governments of Cuba, Iran, North Korea, Sudan or Syria and is not otherwise a restricted end-user as defined by applicable export control laws. Further, Licensee acknowledges that it will not download or otherwise export or re-export Software or any related technical data directly or indirectly to the above-mentioned countries or to citizens, nationals, or residents of those countries, or to any other restricted end user or for any restricted end-use.
12. TERMINATION
If Licensee fails to comply with the terms and conditions of this Agreement, this Agreement and Licensee's right and license to use the Software will terminate immediately. Licensee may terminate this Agreement at any time by notifying Licensor. Upon the termination of this Agreement, Licensee must cease using the Software and delete the Software from its Clients and archives.
LICENSEE AGREES THAT UPON TERMINATION OF THIS AGREEMENT FOR ANY REASON, LICENSOR MAY TAKE ACTIONS SO THAT THE SOFTWARE NO LONGER OPERATES.
13. MARKETING
Licensee agree to be identified as a customer of Licensor and that Licensor may refer to Licensee by name, trade name and trademark, if applicable, and may briefly describe Licensee's business in Licensor's marketing materials, on Licensor's web site, in public or legal documents. Licensee hereby grants Licensor a license to use Licensee's name and any of Licensee's trade names and trademarks solely pursuant to this marketing section.
14. GENERAL
(a) Licensor 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.
(b) This Agreement, including the Third Party Software license agreements, constitutes the entire agreement between the parties concerning Licensee's use of the Software, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to the Software. No purchase order, other ordering document or any hand written or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both Licensee and Licensor.
(c) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement will be enforceable notwithstanding said expiration or termination.
(d) This Agreement will be governed by the laws of Czech Republic, without reference to conflict of laws principles. Licensee agrees that any litigation relating to this Agreement may only be brought in, and will be subject to the jurisdiction of, any Court of Czech Republic.
(e) Titles are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Either Licensor or Licensee may assign this Agreement in the case of a merger or sale of substantially all of its respective assets to another entity. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and assigns.
For exceptions or modifications to this Agreement, please contact Licensor at:
Address: Na hrebenech II 1718/10, Prague, 14700, Czech Republic

Fax: +420 241 722 540
E-mail: sales@jetbrains.com

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LICENSE AGREEMENT FOR WEBSTORM
(Classroom License)
Version 11, Effective as of 16 May 2013
IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS SOFTWARE, YOU (LICENSEE, AS DEFINED BELOW) ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD, INSTALL AND USE THE SOFTWARE.
1. PARTIES
(a) "Licensor" means JetBrains s.r.o., having its principal place of business at Na h?ebenech II 1718/10, Prague, 14700, Czech Republic, registered with Commercial Register kept by the Municipal Court of Prague, Section C, file 86211, ID.Nr.: 265 02 275.
(b) "Licensee" means a public or private school, college, training courses, university and other post secondary educational establishment specified in the License Certificate, exercising rights under, and complying with the terms of this Agreement.
2. DEFINITIONS
(a) "Authorized User" means any student, faculty or staff member authorized by Licensee to use the Software while performing duties within the scope of their employment or assignment.
(b) "Software" means software program known as IntelliJ IDEA in binary form, including its documentation, upgrades provided pursuant to Section 7 of this Agreement, and any third party software programs that are owned and licensed pursuant to Section 6 of this Agreement by parties other than Licensor and that either integrated with or made part of IntelliJ IDEA (collectively, "Third Party Software").
(c) "License Certificate" means evidence of a license provided by Licensor to Licensee in electronic or printed form.
(d) "License Key" means a unique key-code that enables Licensee to use the Software by multiple Authorized Users at a time. Only Licensor and/or its representatives are permitted to produce License Keys for the Software.
(e) "Client" means a computer device owned, leased or otherwise directly controlled by Licensee; that is part of Licensee's internal network domain, located at Licensee's permanent facilities, and used by Authorized User for running the Software.
(f) "License Server" means a software program that issues and revokes License Tickets to/from Clients based on installed License Key.
(g) "License ticket" means a token granted to a Client by the License Server in order to activate the Software installed on the Client.
3. OWNERSHIP
(a) The Software is the property of Licensor or its suppliers. The Software is licensed, not sold. Title and copyrights to the Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of the Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Licensor and its suppliers.
(b) The Software is protected by United States Copyright Law and International Treaty provisions. Further, the structure, organization, and code embodied in the Software are the valuable and confidential trade secrets of Licensor and its suppliers and are protected by intellectual property laws and treaties. Licensee agrees to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws.
4. GRANT OF LICENSE
Subject to the terms, conditions, and limitations set forth in this Agreement, including any amendments thereto, Licensor hereby grants to Licensee a limited, non-exclusive, non-transferable, royalty-free license to use the Software for a period of 1 (one) year as follows:
(a) Licensee may:
(i) install and use the version of the Software that has been specified in License Certificate on any number of Clients;
(ii) use the Software by Authorized Users solely in support of classroom instruction of students. The right to use the Software for any other purposes is expressly prohibited;
(iii) allow Authorized Users to install and use the Software for homework at their residencies on personally owned computers and process respective License Tickets, provided that they agree to all provisions of this Agreement;
(iv) install License Server solely on its own Clients (in such a case the Section 4 letter a) iii) of this Agreement shall not apply);
(v) process License Tickets to Clients;
and
(vi) make one back-up copy of the Software for archival purposes.
(b) Licensee may not:
(i) sell, redistribute (except as set forth in Paragraph 5 herein), encumber, give, lend, rent, lease, sublicense, or otherwise transfer the Software, or any portions of the Software, to anyone without the prior written consent of Licensor;
(ii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software; or
(iii) use the Software for any commercial purposes.
Licensee agrees to comply with the terms of this Agreement, and to take reasonable measures to prevent use of the Software by Authorized Users in an inappropriate manner or access to the Software by unauthorized users.
5. THIRD PARTY SOFTWARE LICENSE
(a) Licensee agrees to comply with the terms and conditions contained in Third-Party Software license agreements with respect to the applicable Third-Party Software.
(b) Licensee agrees and acknowledges that Sections 7 and 8 of this Agreement shall also govern Licensee's use of the Third-Party Software. Licensor will have no responsibility with respect to any Third Party Software, and Licensee will look solely to the licensor(s) of the Third Party Software for any remedy. Licensor claims no right in the Third Party Software, and the same is owned exclusively by the licensor(s) of the Third Party Software.
(c) LICENSOR PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY THIRD PARTY SOFTWARE.
6. UPGRADES AND LICENSE RENEWAL
(a)Upgrades to new versions of Software are optional and free of charge during the 1-year license term. Licensee may obtain the generally available new versions of Software by downloading them from Licensor's web site atwww.jetbrains.com. Licensee may renew its license for another year by submitting a written request to Licensor 30 (thirty) days prior to the license expiration date.
(b) If not agreed otherwise in writing between Licensor and Licensee, upon upgrading to new version of Software the relationship between parties shall be governed and amended (if applicable) by the terms and conditions of License agreement related to Software available at www.jetbrains.com on the day of upgrade download or license renewal.
7. LIMITED WARRANTY
SOFTWARE IS PROVIDED TO LICENSEE "AS IS" AND WITHOUT WARRANTIES. LICENSOR MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR, AND ITS AFFILIATES, SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
8. DISCLAIMER OF DAMAGES
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY USER OF SOFTWARE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR 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 THE USE OR INABILITY TO USE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
(b) IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR SOFTWARE UNDER THIS AGREEMENT.
9. EXPORT REGULATIONS
Licensee agrees and accepts that Software may be subject to import and export laws of any country, including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). Licensee acknowledges that it is not a citizen, national, or resident of, and is not under control of the governments of Cuba, Iran, North Korea, Sudan or Syria and is not otherwise a restricted end-user as defined by applicable export control laws. Further, Licensee acknowledges that it will not download or otherwise export or re-export Software or any related technical data directly or indirectly to the above-mentioned countries or to citizens, nationals, or residents of those countries, or to any other restricted end user or for any restricted end-use.
10. TERMINATION
If Licensee fails to comply with the terms and conditions of this Agreement, this Agreement and Licensee's right and license to use Software will terminate immediately. Licensee may terminate this Agreement at any time by notifying Licensor. Upon the termination of this Agreement, Licensee must delete Software from its computers and archives, and also ensure that it is deleted by Authorized Users.
LICENSEE AGREES THAT UPON TERMINATION OF THIS AGREEMENT FOR ANY REASON, LICENSOR MAY TAKE ACTIONS SO THAT SOFTWARE NO LONGER OPERATES.
11. MARKETING
Licensee agree to be identified as a customer of Licensor and that Licensor may refer to Licensee by name, trade name and trademark, if applicable, and may briefly describe Licensee's business in Licensor's marketing materials, on Licensor's web site, in public or legal documents. Licensee hereby grants Licensor a license to use Licensee's name and any of Licensee's trade names and trademarks solely pursuant to this marketing section.
12. GENERAL
(a) Licensor reserves the right at any time to cease the support of Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of Software.
(b) This Agreement, including the Third Party Software license agreements, constitutes the entire agreement between the parties concerning Licensee's use of Software, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to Software. No purchase order, other ordering document or any hand written or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both Licensee and Licensor.
(c) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement will be enforceable notwithstanding said expiration or termination.
(d) This Agreement will be governed by the laws of Czech Republic, without reference to conflict of laws principles. Licensee agrees that any litigation relating to this Agreement may only be brought in, and will be subject to the jurisdiction of, any Court of Czech Republic.
(e) Titles are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Either Licensor or Licensee may assign this Agreement in the case of a merger or sale of substantially all of its respective assets to another entity. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and assigns.
For exceptions or modifications to this Agreement, please contact Licensor at:
Address: Na hrebenech II 1718/10, Prague, 14700, Czech Republic
Fax: +420 241 722 540
E-mail: sales@jetbrains.com

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License Agreement for WebStorm
Open Source Development License
IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS SOFTWARE, YOU (LICENSEE, AS DEFINED BELOW) ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD, INSTALL AND USE THE SOFTWARE.
1. PARTIES
(a) "Licensor" means JetBrains s.r.o., having its principal place of business at Na hrebenech II 1718/10, Prague, 14700, Czech Republic, registered with Commercial Register kept by the Municipal Court of Prague, Section C, file 86211, ID.Nr.: 265 02 275.
(b) "Licensee" means the individual or legal entity specified in the License Certificate. For legal entities, "Licensee" includes any entity which controls, is controlled by, or is under common control with Licensee. 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 beneficial ownership of such entity.
2. DEFINITIONS
(a) "Authorized User" means (i) if Licensee is an individual, solely Licensee; (ii) if Licensee is a legal entity, any employee, independent contractor and other temporary worker authorized by Licensee to use Software while performing duties within the scope of their employment or assignment; (iii) if Licensee meets the "Open Source definition", an open source development group member who is authorized by Licensee to use Software for the purpose of open source development.
(b) "Software" means software program known as WebStorm in binary form, including its documentation, upgrades provided pursuant to Section 8 of this Agreement, and any third party software programs that are owned and licensed pursuant to Section 5 of this Agreement by parties other than Licensor and that are either integrated with or made part of WebStorm (collectively, "Third Party Software").
(c) "License Certificate" means evidence of a license provided by Licensor to Licensee in electronic or printed form.
(d) "License Key" means a unique key-code that enables a single Authorized User to use Software at a time. Only Licensor and/or its representatives are permitted to produce License Keys for Software.
3. OWNERSHIP
(a) Software is the property of Licensor or its suppliers. Software is licensed, not sold. Title and copyrights to Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Licensor and its suppliers.
(b) Software is protected by United States Copyright Law and International Treaty provisions. Further, the structure, organization, and code embodied in Software are the valuable and confidential trade secrets of Licensor and its suppliers and are protected by intellectual property laws and treaties. Licensee agrees to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws.
4. GRANT OF LICENSE
Subject to the terms, conditions, and limitations set forth in this Agreement, including any amendments thereto, Licensor hereby grants to Licensee a limited, non-exclusive, non-transferable license to use Software as follows:
(a) Licensee may:
(i) install and use the version of Software specified in License Certificate(s) on multiple computers and operating systems, provided that a number of concurrent users never exceeds the number of Authorized Users specified in the appropriate License Certificate(s) and that the same License Key is not used by multiple Authorized Users, on multiple computers, or on different operating systems at a time, and
(ii) make one back-up copy of Software solely for archival purposes.
(b) Licensee may not:
(i) sell, redistribute (except as set forth in Paragraph 5 herein), encumber, give, lend, rent, lease, sublicense, or otherwise transfer Software, or any portions of Software, to anyone without the prior written consent of Licensor;
(ii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of Software, or create derivative works from Software, or
(iii) allow the use of the same License Key by multiple Authorized Users, on multiple computers, or on different operating systems at a time.
(c) License Limitations for Open Source Development:
(i) if Licensee has been granted a Software license for open source development, the purpose of use of Software shall be restricted solely to development of non-commercial open source projects that meet the Open Source Definition at http://www.opensource.org/docs/osd. Any commercial use of a Software license for open source development is expressly prohibited;
(ii) Licensee's right to use a Software license for open source development shall be limited to one (1) year. Licensee may renew its Software license for open source development for another year by submitting a written request to Licensor thirty (30) days prior to a license expiration date.
5. THIRD PARTY SOFTWARE LICENSE
(a) Licensee agrees to comply with the terms and conditions contained in Third-Party Software license agreements with respect to the applicable Third-Party Software.
(b) Licensee agrees and acknowledges that Sections 9 and 10 of this Agreement shall also govern Licensee's use of the Third-Party Software. Licensor will have no responsibility with respect to any Third Party Software, and Licensee will look solely to the licensor(s) of the Third Party Software for any remedy. Licensor claims no right in the Third Party Software, and the same is owned exclusively by the licensor(s) of the Third Party Software.
(c) LICENSOR PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY THIRD PARTY SOFTWARE.
6. RESTRICTED USE DURING EVALUATION PERIOD
(a) Subject to the terms of this Agreement, Licensee is granted a right to use Software for evaluation purposes without charge for a period of thirty (30) days from the date of installation of Software unless otherwise specified (Evaluation Period).
(b) Licensees use of Software during Evaluation Period shall be limited to the internal evaluation of Software for the sole purpose of determining whether Software meets Licensees requirements and whether Licensee desires to continue using Software.
(c) Upon expiration of Evaluation Period, Licensee must obtain License Key for perpetual use of Software or cease using Software. Software contains a feature that will automatically disable Software upon expiration of Evaluation Period. Licensee may not disable, destroy, or remove this feature of Software, and any attempt to do so will be in violation of this Agreement and will terminate Licensee's rights to use Software.
7. LICENSE FEES AND PAYMENTS
Licensee will pay to Licensor the license fee and other charges and expenses as set forth in an appropriate invoice or other purchase documentation. Licensor may charge Licensee interest for any payment that is more than thirty (30) days past due at the rate of one and one-half percent (1.5%) per month or the highest amount allowed by law, whichever is lower.
8. UPGRADES
(a) All generally available Upgrades to Software will be free of charge to Licensee during the initial one (1) year period after download of Software. Upon installing any Upgrade, Licensee must cease using a previous version of Software and destroy License Key provided by Licensor for a previous version of Software.
(b) If not agreed otherwise in writing between Licensor and Licensee, upon upgrading to new version of Software the relationship between parties shall be governed and amended (if applicable) by the terms and conditions of License agreement related to Software available at www.jetbrains.com on the day of upgrade download or purchase.
9. LIMITED WARRANTY
SOFTWARE IS PROVIDED TO LICENSEE "AS IS" AND WITHOUT WARRANTIES. LICENSOR MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR, AND ITS AFFILIATES, SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
10. DISCLAIMER OF DAMAGES
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY USER OF SOFTWARE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR 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 THE USE OR INABILITY TO USE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
(b) IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR SOFTWARE UNDER THIS AGREEMENT.
11. EXPORT REGULATIONS
Licensee agrees and accepts that Software may be subject to import and export laws of any country, including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). Licensee acknowledges that it is not a citizen, national, or resident of, and is not under control of the governments of Cuba, Iran, North Korea, Sudan or Syria and is not otherwise a restricted end-user as defined by applicable export control laws. Further, Licensee acknowledges that it will not download or otherwise export or re-export Software or any related technical data directly or indirectly to the above-mentioned countries or to citizens, nationals, or residents of those countries, or to any other restricted end user or for any restricted end-use.
12. TERMINATION
If Licensee fails to comply with the terms and conditions of this Agreement, this Agreement and Licensee's right and license to use Software will terminate immediately. Licensee may terminate this Agreement at any time by notifying Licensor. Upon the termination of this Agreement, Licensee must cease using Software and delete Software from its computers and archives.
LICENSEE AGREES THAT UPON TERMINATION OF THIS AGREEMENT FOR ANY REASON, LICENSOR MAY TAKE ACTIONS SO THAT SOFTWARE NO LONGER OPERATES.
13. MARKETING
Licensee agree to be identified as a customer of Licensor and that Licensor may refer to Licensee by name, trade name and trademark, if applicable, and may briefly describe Licensee's business in Licensor's marketing materials, on Licensor's web site, in public or legal documents. Licensee hereby grants Licensor a license to use Licensee's name and any of Licensee's trade names and trademarks solely pursuant to this marketing section.
14. GENERAL
(a) Licensor reserves the right at any time to cease the support of Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of Software.
(b) This Agreement, including the Third Party Software license agreements, constitutes the entire agreement between the parties concerning Licensee's use of Software, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to Software. No purchase order, other ordering document or any hand written or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both Licensee and Licensor.
(c) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement will be enforceable notwithstanding said expiration or termination.
(d) This Agreement will be governed by the laws of Czech Republic, without reference to conflict of laws principles. Licensee agrees that any litigation relating to this Agreement may only be brought in, and will be subject to the jurisdiction of, any Court of Czech Republic.
(e) Titles are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Either Licensor or Licensee may assign this Agreement in the case of a merger or sale of substantially all of its respective assets to another entity. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and assigns.
For exceptions or modifications to this Agreement, please contact Licensor at:
Address: Na hrebenech II 1718/10, Prague, 14700, Czech Republic
Fax: +420 241 722 540
E-mail: sales@jetbrains.com

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License Agreement for WebStorm
Personal License
IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS SOFTWARE, YOU (LICENSEE, AS DEFINED BELOW) ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD, INSTALL AND USE THE SOFTWARE.
1. PARTIES
(a) "Licensor" means JetBrains s.r.o., having its principal place of business at Na hrebenech II 1718/10, Prague, 14700, Czech Republic, registered with Commercial Register kept by the Municipal Court of Prague, Section C, file 86211, ID.Nr.: 265 02 275.
(b) "Licensee" means the individual or legal entity specified in the License Certificate. For legal entities, "Licensee" includes any entity which controls, is controlled by, or is under common control with Licensee. 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 beneficial ownership of such entity.
2. DEFINITIONS
(a) "Software" means software program known as WebStorm in binary form, including its documentation, upgrades provided pursuant to Section 8 of this Agreement, and any third party software programs that are owned and licensed pursuant to Section 5 of this Agreement by parties other than Licensor and that are either integrated with or made part of WebStorm (collectively, "Third Party Software").
(b) "License Certificate" means evidence of a license provided by Licensor to Licensee in electronic or printed form.
(c) "License Key" means a unique key-code that enables a single Authorized User to use Software at a time. Only Licensor and/or its representatives are permitted to produce License Keys for Software.
3. OWNERSHIP
(a) Software is the property of Licensor or its suppliers. Software is licensed, not sold. Title and copyrights to Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Licensor and its suppliers.
(b) Software is protected by United States Copyright Law and International Treaty provisions. Further, the structure, organization, and code embodied in Software are the valuable and confidential trade secrets of Licensor and its suppliers and are protected by intellectual property laws and treaties. Licensee agrees to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws.
4. GRANT OF LICENSE
Subject to the terms, conditions, and limitations set forth in this Agreement, including any amendments thereto, Licensor hereby grants to Licensee a limited, non-exclusive, non-transferable license to use Software as follows:
(a) Licensee may:
(i) install and use the version of Software specified in License Certificate on multiple computers and operating systems, provided that Licensee is the only user of Software and that Software is not used on more than one machine and (or) operating system at a time, and
(ii) make one back-up copy of Software solely for archival purposes.
(b) Licensee may not:
(i) sell, redistribute (except as set forth in Paragraph 5 herein), encumber, give, lend, rent, lease, sublicense, or otherwise transfer Software, or any portions of Software, to anyone without the prior written consent of Licensor;
(ii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of Software, or create derivative works from Software, or
(iii) use the License Key on different computers or operating systems at a time.
(c) Additional Limitations
This License is only for natural persons who are purchasing the license using their own funds only. Notwithstanding anything to the contrary set forth above, Licensee may not use Software, and this license shall not be in effect, in the event that Licensee does not pay Software license fee using Licensee's own funds. If any third party pays Software license fee or if Licensee expects or receives reimbursement for Software license fee from any third party, this License shall be invalid and not in effect.
5. THIRD PARTY SOFTWARE LICENSE
(a) Licensee agrees to comply with the terms and conditions contained in Third-Party Software license agreements with respect to the applicable Third-Party Software.
(b) Licensee agrees and acknowledges that Sections 9 and 10 of this Agreement shall also govern Licensee's use of the Third-Party Software. Licensor will have no responsibility with respect to any Third Party Software, and Licensee will look solely to the licensor(s) of the Third Party Software for any remedy. Licensor claims no right in the Third Party Software, and the same is owned exclusively by the licensor(s) of the Third Party Software.
(c) LICENSOR PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY THIRD PARTY SOFTWARE.
6. RESTRICTED USE DURING EVALUATION PERIOD
(a) Subject to the terms of this Agreement, Licensee is granted a right to use Software for evaluation purposes without charge for a period of thirty (30) days from the date of installation of Software unless otherwise specified (Evaluation Period).
(b) Licensees use of Software during Evaluation Period shall be limited to the internal evaluation of Software for the sole purpose of determining whether Software meets Licensees requirements and whether Licensee desires to continue using Software.
(c) Upon expiration of Evaluation Period, Licensee must obtain License Key for perpetual use of Software or cease using Software. Software contains a feature that will automatically disable Software upon expiration of Evaluation Period. Licensee may not disable, destroy, or remove this feature of Software, and any attempt to do so will be in violation of this Agreement and will terminate Licensee's rights to use Software.
7. LICENSE FEES AND PAYMENTS
Licensee will pay to Licensor the license fee and other charges and expenses as set forth in an appropriate invoice or other purchase documentation. Licensor may charge Licensee interest for any payment that is more than thirty (30) days past due at the rate of one and one-half percent (1.5%) per month or the highest amount allowed by law, whichever is lower.
8. UPGRADES
(a) All generally available Upgrades to Software will be free of charge to Licensee during the initial one (1) year period after purchase of Software. Upon installing any Upgrade, Licensee must cease using a previous version of Software and destroy License Key provided by Licensor for a previous version of Software.
(b) If not agreed otherwise in writing between Licensor and Licensee, upon upgrading to new version of Software the relationship between parties shall be governed and amended (if applicable) by the terms and conditions of License agreement related to Software available at www.jetbrains.com on the day of upgrade download or purchase.
9. LIMITED WARRANTY
SOFTWARE IS PROVIDED TO LICENSEE "AS IS" AND WITHOUT WARRANTIES. LICENSOR MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR, AND ITS AFFILIATES, SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
10. DISCLAIMER OF DAMAGES
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY USER OF SOFTWARE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR 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 THE USE OR INABILITY TO USE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
(b) IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR SOFTWARE UNDER THIS AGREEMENT.
11. EXPORT REGULATIONS
Licensee agrees and accepts that Software may be subject to import and export laws of any country, including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). Licensee acknowledges that it is not a citizen, national, or resident of, and is not under control of the governments of Cuba, Iran, North Korea, Sudan or Syria and is not otherwise a restricted end-user as defined by applicable export control laws. Further, Licensee acknowledges that it will not download or otherwise export or re-export Software or any related technical data directly or indirectly to the above-mentioned countries or to citizens, nationals, or residents of those countries, or to any other restricted end user or for any restricted end-use.
12. TERM AND TERMINATION
(a) Except as otherwise provided in License Certificate, the license granted herein shall be perpetual.
(b) If Licensee fails to comply with the terms and conditions of this Agreement, this Agreement and Licensee's right and license to use Software will terminate immediately. Licensee may terminate this Agreement at any time by notifying Licensor. Upon the termination of this Agreement, Licensee must cease using Software and delete Software from its computers and archives.
(c) LICENSEE AGREES THAT UPON TERMINATION OF THIS AGREEMENT FOR ANY REASON, LICENSOR MAY TAKE ACTIONS SO THAT SOFTWARE NO LONGER OPERATES.
13. MARKETING
Licensee agrees to be identified as a customer of Licensor and that Licensor may refer to Licensee by name, trade name and trademark, if applicable, and may briefly describe Licensee's business in Licensor's marketing materials, on Licensor's web site, in public or legal documents. Licensee hereby grants Licensor a license to use Licensee's name and any of Licensee's trade names and trademarks solely pursuant to this marketing section.
14. GENERAL
(a) Licensor reserves the right at any time to cease the support of Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of Software.
(b) This Agreement, including the Third Party Software license agreements, constitutes the entire agreement between the parties concerning Licensee's use of Software, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to Software. No purchase order, other ordering document or any hand written or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both Licensee and Licensor.
(c) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement will be enforceable notwithstanding said expiration or termination.
(d) This Agreement will be governed by the laws of Czech Republic, without reference to conflict of laws principles. Licensee agrees that any litigation relating to this Agreement may only be brought in, and will be subject to the jurisdiction of, any Court of Czech Republic.
(e) Titles are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Either Licensor or Licensee may assign this Agreement in the case of a merger or sale of substantially all of its respective assets to another entity. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and assigns.
For exceptions or modifications to this Agreement, please contact Licensor at:
Address: Na hrebenech II 1718/10, Prague, 14700, Czech Republic
Fax: +420 241 722 540
E-mail: sales@jetbrains.com

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Copyright (c) 2000-2003, Whitehead Institute for Biomedical
Research; 2003-2006 Massachusetts Institute of Technology.
Redistribution and use in source and binary forms are subject to the
terms of the following license agreement.
----------------------------------------------------------------
*** (PROGRAM NAME) LICENSE AGREEMENT ***
This License Agreement (the "Agreement") is made between the
Massachusetts Institute of Technology, a not-for-profit organization
and the licensing agent for the Whitehead Institute for Biomedical
Research ("WHITEHEAD") with a principal address at 77 Massachusetts
Avenue, Cambridge, MA 02139 ("M.I.T."), and the individual
downloading this program ("YOU"), and is effective at the date the
downloading is completed ("Effective Date"). WHITEHEAD and M.I.T.
are the owners of certain rights, title, and interest in the
computer program entitled (PROGRAM NAME) and related documentation, if
any, as they exist on the Effective Date and as can be downloaded
from http://www.broad.mit.edu/wga/ on the Effective Date (the
"Program"). YOU wish to obtain and M.I.T. agrees to grant, on its
own behalf and on behalf of WHITEHEAD, a non-exclusive license to
use and modify the program for internal research and educational
purposes only under the terms of the Agreement. M.I.T. and YOU, in
consideration of the above, agree as follows:
1. M.I.T. hereby grants to YOU, on the Effective Date, nonexclusive
rights to use, reproduce, modify, and display the source code and
executable code of the Program for internal research and educational
purposes only, without any rights whatsoever to redistribute the
program, under the terms and conditions of the Agreement. WHITEHEAD
and M.I.T. retain all ownership rights in the Program, including
patent rights, copyrights, and licensing rights. YOU may retain
ownership in Modifications created by YOU, provided that YOU hereby
grant to WHITEHEAD and M.I.T. a non-exclusive, royalty-free,
irrevocable, perpetual license to use reproduce, modify, display,
and distribute the source code and executable code in all such
Modifications. YOU agree to forward to M.I.T. any and all
Modifications, sending such Modifications to: (PROGRAM NAME), Broad
Institute, 7 Cambridge Center, Cambridge, MA 02142, or in
electronic form to: wga@broad.mit.edu. YOU shall be entitled to
establish all proprietary rights for itself in the Modifications,
provided that proper copyright attributions are maintained. No
rights, express or implied, for use other than specified in this
Agreement are transferred.
2. YOU agree to restrict the use of the Program to yourself for
research and educational purposes only. YOU agree to use the
Program only at the site where the Program is downloaded. YOU agree
that the Program will not be used as the basis of a commercial
software or hardware product and that the same will not be rewritten
in another computer language or otherwise adapted to circumvent the
need for obtaining a license from M.I.T. for use of the Program
other than as specified by this Agreement.
3. The name of the Whitehead Institute, the "Broad Institute" or
M.I.T. may not be used to endorse or promote products derived from
this software. YOU agree to acknowledge use of the Program in any
publication resulting from use of the Program according to academic
tradition.
4. YOU acknowledge that title to the Program (including copyright)
will remain with WHITEHEAD and M.I.T. and that any copies of the
Program or portions of the Program made by YOU shall include
WHITEHEAD and M.I.T. copyright notices in the same format and
location as the copy received by YOU under this agreement.
5. YOU accept the above materials on an "AS IS" basis. M.I.T. and
WHITEHEAD are under no obligation to load the Program onto YOUR
machines, test for proper operation, perform any debugging, make any
corrections, provide maintenance, provide any updates, or assist in
the understanding or use of the Program. The Program is a research
program, and M.I.T. and WHITEHEAD do not represent that it is free
of errors or bugs or suitable for any particular tasks.
6. YOU AGREE THAT THE RIGHTS GRANTED HEREUNDER ARE MADE AVAILABLE
WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, AND FURTHER INCLUDING NO WARRANTY AS TO
CONFORMITY WITH WHATEVER USER MANUALS OR OTHER LITERATURE MAY BE
ISSUED FROM TIME TO TIME. NOTHING IN THIS AGREEMENT SHALL BE
CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY M.I.T. OR
WHITEHEAD THAT THE PRACTICE BY YOU OF THE LICENSE GRANTED HEREUNDER
SHALL NOT INFRINGE THE PATENT RIGHTS, COPYRIGHTS, OR OTHER
INTELLECTUAL PROPERTY RIGHTS OF M.I.T., WHITEHEAD, OR ANY THIRD
PARTY.
IN NO EVENT SHALL M.I.T., WHITEHEAD, OR THEIR RESPECTIVE TRUSTEES,
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSOCIATES BE LIABLE FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ECONOMIC
DAMAGE OR INJURY TO PROPERTY AND LOST PROFITS, REGARDLESS OF WHETHER
M.I.T. OR WHITEHEAD SHALL BE ADVISED, SHALL HAVE OTHER REASON TO
KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY.
7. To the extent allowed by law, YOU shall at all times during the
term of this Agreement and thereafter, indemnify, defend and hold
harmless M.I.T., WHITEHEAD, and their respective trustees,
directors, officers, employees, agents and affiliates, against all
claims, proceedings, demands, and liabilities of any kind
whatsoever, including legal expenses and reasonable attorneys fees,
arising out of, connected with, resulting from or sustained as a
result of use of the Program by YOU. In no event shall M.I.T. or
WHITEHEAD be liable for special, direct, indirect or consequential
damages, losses, costs, charges, claims, demands, fees, or expenses
of any nature or kind.
8. This Agreement shall be construed, governed, interpreted, and
applied in accordance with the laws of the Commonwealth of
Massachusetts, U.S.A.
9. The term of this Agreement is one year (the "Term"). At the end
of the Term, the Agreement shall be automatically renewed under the
same terms and conditions unless M.I.T. indicates otherwise. M.I.T.
shall have the right to terminate this Agreement for any reason by
giving thirty (30) days written notice to YOU. Upon termination for
any reason, YOU agree to destroy the original and all copies,
including partial copies, of the Program.
10. The parties agree that this Agreement is the entire Agreement,
and shall not be subject to any change or modification except in
writing by both parties.
11. The provisions of this Agreement are severable, and if any
provisions of this Agreement are determined to be invalid or
unenforceable, such determination shall not in any way affect the
validity or enforceability of the remaining provisions.

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WidePix
© 2020 Nash Muhandes
LICENSE:
You MAY use, copy, modify, merge, publish, distribute, and/or sublicense this work - HOWEVER:
- You may not sell this work
- Your work must comply with id Software's original licenses (i.e. they must only work on the game from which they originated)
- All derivative works must credit the original authors (id Software (Doom), Raven Software (Hexen/Heretic), Rogue Software (Strife), Digital Café (Chex), Nash Muhandes)

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sdk_container/src/third_party/portage-stable/licenses/XAnim vendored
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XAnim Copyright (C) 1990-1999 by Mark Podlipec. All rights reserved.
This software may be freely used, copied and redistributed without fee
for non-commerical purposes provided that this copyright notice is
preserved intact on all copies.
There is no warranty or other guarantee of fitness of this software.
It is provided solely "as is". The author(s) disclaim(s) all
responsibility and liability with respect to this software's usage and
its effect upon hardware or computer systems.

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This program is distributed as a free software. You can
use/copy/modify/redistribute this software freely but with NO warranty
to anything as a result of using this software. Adopting code from
this program is also free. But I would not do contract act.

40
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Yacht Club Games, LLC
End User License Agreement
THIS END USER LICENSE AGREEMENT ("EULA") IS A BINDING LEGAL AGREEMENT BETWEEN Yacht Club Games, LLC ("Yacht Club Games") 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 Yacht Club Games 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. Yacht Club Games 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 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. Yacht Club Games 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 Yacht Club Games 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. Yacht Club Games 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 Yacht Club Games.
4.1 Limited Warranty. Yacht Club Games 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 Yacht Club Games, ITS AFFILIATES, LICENSORS AND SUPPLIERS (COLLECTIVELY, "THE Yacht Club Games 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 Yacht Club Games 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 Yacht Club Games 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 Yacht Club Games 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 Yacht Club Games. You understand and agree that Yacht Club Games 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 Yacht Club Games 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 Yacht Club Games 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 Yacht Club Games. The Game is made available to you by Yacht Club Games, LLC. Yacht Club Games may be contacted via its website (http://yachtclubgames.com).

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Copyright (c) 1991-2000 by ARJ Software, Inc. All rights reserved.
This code may be freely used in programs that are NOT ARJ archivers
(both compress and extract ARJ archives).
If you wish to distribute a modified version of this program, you
MUST indicate that it is a modified version both in the program and
source code.
We are holding the copyright on the source code, so please do not
delete our name from the program files or from the documentation.
We wish to give credit to Haruhiko Okumura for providing the
basic ideas for ARJ and UNARJ in his program AR. Please note
that UNARJ is significantly different from AR from an archive
structural point of view.

160
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EA TOOLS END USER LICENSE
Electronic Arts Inc, and its subsidiaries, affiliates and licensors
(collectively, "EA") grants you a non- transferable non-exclusive license to
download and/or install and use one copy of the software tool ("Tool") and/or
materials ("Materials") (collectively the "Tools & Materials") solely for your
personal noncommercial use in connection with EA's products, in accordance with
the terms below.
EA owns all of the rights, title and interest in the Tools & Materials. You may
not alter any of EA's trademarks or logos, or alter or remove any of EA's
trademark or copyright notices included in or with the Tools & Materials or
EA's products. Your right to use Tools & Materials is limited to the license
grant above, and you may not otherwise copy, display, distribute, perform,
publish, modify, create works from, or use any of the Tools & Materials.
Without limiting the preceding sentence, you may not modify, reverse engineer,
disassemble, license, transfer, distribute, create works from, or sell the
Tool, or use the Tools & Materials to further any commercial purpose. Without
limiting the foregoing, you may not use the Tools & Materials to promote
another product or business, or on any site that operates or promotes a server
emulator.
You may include materials created with the Tools & Materials on your personal
noncommercial website for the noncommercial benefit of the fan community for
EA's products and provided that if you do so, you must also post the following
notice on your site on the same web page(s) where those materials are located:
"This site is not endorsed by or affiliated with Electronic Arts, or its
licensors. Trademarks are the property of their respective owners. Game
content and materials copyright Electronic Arts Inc. and its licensors. All
Rights Reserved." You will not represent that your site is endorsed or
approved by or affiliated with EA or our licensors or that any other content on
your site is endorsed or approved by or affiliated with EA or our licensors.
THESE TOOLS & MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY
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ANY USE YOU CHOOSE TO MAKE OF THESE TOOLS & MATERIALS IS UNDERTAKEN BY YOU
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THIS LICENSE EVEN IF EA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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---
SOFTWARE LICENSE AGREEMENT
The terms of this Software License Agreement (this "Agreement") shall apply to
all versions, editions, and future updates of PunkBuster software and
constitute a legal agreement between you (the "Licensee") and Even Balance,
Inc. (the "Licensor").
BY INSTALLING, ENABLING OR USING PUNKBUSTER SOFTWARE, THE LICENSEE IS
CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF
LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, ACCEPTANCE MUST
NOT BE SPECIFIED BELOW AND LICENSEE MUST NOT INSTALL OR USE THE SOFTWARE.
EVEN BALANCE, INC. RESERVES ALL RIGHTS NOT SPECIFICALLY GRANTED HEREIN.
Licensor grants Licensee a non-exclusive and non-transferable license to use
PunkBuster software only for non-commercial entertainment purposes. Licensee
may not disassemble, decompile, reverse engineer, redistribute (in any form),
create derivative works of, or modify PunkBuster software in any way. Licensor
reserves the right to terminate the license at any time and for any reason, or
no reason at all, and without notice to licensee. Additionally, upon breach of
any term of this Agreement, the license granted under this Agreement shall
automatically terminate without any additional notice to Licensee. Upon
termination of the license, Licensee shall destroy all copies of PunkBuster
software in Licensee's possession.
Licensee acknowledges that PunkBuster software is optional and is not a
requirement in any respect for using or enjoying games that integrate
PunkBuster software technology. Licensee also acknowledges and agrees that
PunkBuster software is self-updating, which means that future updates will,
from time to time and without any notice, automatically be downloaded and
installed as a normal and expected function of PunkBuster software. Licensee
further acknowledges and accepts that PunkBuster software may be considered
invasive. Licensee understands that PunkBuster software inspects and reports
information about the computer on which it is installed to other connected
computers and Licensee agrees to allow PunkBuster software to inspect and
report such information about the computer on which Licensee installs
PunkBuster software. Licensee understands and agrees that the information that
may be inspected and reported by PunkBuster software includes, but is not
limited to, devices and any files residing on the hard-drive and in the memory
of the computer on which PunkBuster software is installed. Further, Licensee
consents to allow PunkBuster software to transfer actual screenshots taken of
Licensee's computer during the operation of PunkBuster software for possible
publication. Licensee understands that the purpose and goal of PunkBuster is to
ensure a cheat-free environment for all participants in online games. Licensee
agrees that the invasive nature of PunkBuster software is necessary to meet
this purpose and goal. Licensee agrees that any harm or lack of privacy
resulting from the installation and use of PunkBuster software is not as
valuable to Licensee as the potential ability to play interactive online games
with the benefits afforded by using PunkBuster software.
Licensee agrees not to export or re-export into any country subject to U.S.
trade sanctions or to which the U.S. has embargoed goods or to any nationals or
residents of such countries unless such nationals are permanent residents of a
country that is not subject either to such sanctions or embargoed goods.
LICENSEE AGREES NOT TO DOWNLOAD, INSTALL, OR USE PUNKBUSTER SOFTWARE IN A
COUNTRY OR LOCALE WHERE SUCH ACTION WOULD VIOLATE ANY LAW OR ORDINANCE.
This Software License Agreement shall be construed in accordance with and
governed by the applicable laws of the State of Texas and applicable United
States federal law. Exclusive venue for all litigation regarding this Agreement
shall be in Harris County, Texas. Licensee agrees that any portion of this
Agreement found to be invalid or unenforceable shall be modified, to the extent
allowed by law, so as to allow for the enforcement of the original intended
meaning of the portion found to be invalid or unenforceable.
PUNKBUSTER SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY
KIND INCLUDING, BUT NOT LIMITED TO, AND WITHOUT LIMITATION, THAT IT IS FREE OF
DEFECTS, FIT FOR A PARTICULAR PURPOSE, OR THAT IT IS MERCHANTABLE. LICENSOR
DOES NOT WARRANT THAT THE OPERATION OF PUNKBUSTER SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT IT WILL MEET LICENSEE'S SPECIFIC
REQUIREMENTS OR DESIRES. LICENSEE AGREES THAT NEITHER EVEN BALANCE, INC., ITS
OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, LICENSORS, BUSINESS
PARTNERS, SUCCESSORS NOR ASSIGNS SHALL BE LIABLE FOR ANY CLAIM WHATSOEVER
INVOLVING PUNKBUSTER SOFTWARE IN ANY WAY. FURTHERMORE, SHOULD ANY VERSION OF
PUNKBUSTER SOFTWARE, INCLUDING FUTURE VERSIONS, PROVE DEFECTIVE IN ANY WAY,
LICENSEE ASSUMES THE ENTIRE COST, IF ANY, OF LOSS OR DAMAGE OF ANY TYPE AND TO
ANY DEGREE. THIS WARRANTY DISCLAIMER SHALL SURVIVE TERMINATION OF THE LICENSE
OF PUNKBUSTER SOFTWARE BY LICENSEE, REGARDLESS OF WHETHER THE LICENSE IS
TERMINATED BY EVENBALANCE, INC. OR LICENSEE.
This Agreement constitutes the entire agreement between Licensor and Licensee
and supercedes any prior statements, whether written or oral.

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WIDCOMM BLUETOOTH SOFTWARE
LICENSE AGREEMENT
This is a legal agreement between you ("Licensee") and Broadcom Corporation.
("BROADCOM"). BY OPENING THE SOFTWARE PACKAGE, CLICKING ON THE "ACCEPT" BUTTON
OF ANY ELECTRONIC VERSION OF THIS END USER LICENSE AGREEMENT ("AGREEMENT") OR
ACCESSING OR INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE
LICENSE AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS. If you do not agree to the terms of this Agreement, promptly click
on the "Decline" Button and cease all further access to or use of the Software
made available by BROADCOM.
Definitions. For purposes of this Agreement: (i) "BROADCOM Products" means
certain proprietary semiconductor products of BROADCOM incorporated in the
equipment purchased by Licensee; (ii) "Documentation" means any and all written
technical documentation furnished to Licensee during the term of this Agreement
that relates to the Software; and (iii) "Software" means the BROADCOM driver
software made available for download or otherwise provided to Licensee by
BROADCOM or its licensees.
License. Subject to the terms and conditions of this Agreement, BROADCOM grants
to Licensee the non-exclusive, non-transferable, personal, revocable right to
use the Software only in connection with BROADCOM Products, and to make one (1)
copy of the Software for back-up or archival purposes only.
Intellectual Property Restrictions. This Software is protected by U.S. Copyright
Law. This Software is licensed, not sold. Licensee may not use, disclose,
modify, reproduce or distribute the Software except as expressly permitted in
this Agreement. No license is granted to Licensee in any human readable code of
the Software (source code). Licensee shall not decompile, reverse engineer,
modify, or otherwise attempt to derive source code from the Software except to
the extent that these activities may not be prohibited under applicable law.
Additionally, Licensee may not remove, efface or otherwise obscure any
proprietary notices, labels, or marks on the Software or Documentation. Licensee
agrees that each copy of the Software and Documentation will include
reproductions of all proprietary notices, labels or marks included therein.
BROADCOM retains all right, title and interest in and to the Software. ALL
RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY BROADCOM.
Export Restrictions. Licensee understands that the Software is subject to
restriction under United States and other applicable law and regulation on its
export or diversion, including but not limited to prohibition on export
(including download) to Cuba, Iran, North Korea, Sudan and Syria. By downloading
the Software, you represent that you are not located in or a national of any of
those countries and that you are entitled under U.S. law to download the
Software without need for a license or other governmental approval. Licensee
shall not import, export, re-export or transfer, or authorize the import,
export, re-export or transfer of the Software in violation of any applicable law
or regulation.
Term and Termination. This license will expire fifty (50) years from the date
that Licensee first uses the Software, if it is not earlier terminated. Licensee
may terminate it by destroying the Software and Documentation and all copies
thereof. This license will also terminate if Licensee fails to comply with any
term or condition of this Agreement. Upon termination, Licensee shall destroy
the Software and Documentation and all copies thereof that are in Licensee's
possession or control.
No Support. Nothing in this Agreement shall obligate BROADCOM to provide any
support for the Software including without limitation any obligation to correct
any defects or provide any updates to the Software to Licensee.
No Warranty / Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE
AND ALL DOCUMENTATION AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE SOFTWARE
OR DOCUMENTATION ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND BROADCOM MAKES NO
PROMISES, REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR
OTHERWISE, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION OR SUPPORT SERVICES,
INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR
THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND BROADCOM SPECIFICALLY
DISCLAIMS ALL IMPLIED (IF ANY) WARRANTIES OF TITLE, MERCHANTABILITY,
NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR
COMPLETENESS, QUIET ENJOYMENT, QUIET POSSESSION OR CORRESPONDENCE TO
DESCRIPTION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE,
DOCUMENTATION OR SUPPORT SERVICES LIES WITH LICENSEE.
Exclusion of Incidental, Consequential and Certain Other Damages. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BROADCOM OR ITS SUPPLIERS BE LIABLE
FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR EXEMPLARY DAMAGES
WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR LICENSEE'S
USE OF OR INABILITY TO USE THE SOFTWARE, DOCUMENTATION OR SUPPORT SERVICES, OR
THE PROVISION OR FAILURE TO PROVIDE SUPPORT SERVICES, INCLUDING BUT NOT LIMITED
TO LOST PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS
INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY
(INCLUDING OF GOOD FAITH OR REASONABLE CARE), NEGLIGENCE, COSTS OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER CLAIM FOR PECUNIARY OR OTHER LOSS
WHATSOEVER, OR FOR ANY CLAIM OR DEMAND AGAINST YOU BY ANY OTHER PARTY, EVEN IF
BROADCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS
SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY.
Limitation of Liability and Remedies. NOTWITHSTANDING ANY DAMAGES YOU MAY INCUR
FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED
ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF BROADCOM AND
ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE
REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT
ACTUALLY PAID FOR THE SOFTWARE ITSELF OR U.S. $1. THE FOREGOING LIMITATIONS,
EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
Confidentiality. "Confidential Information" means any trade secrets,
confidential data, or other confidential information relating to or used in the
Software. Licensee shall not use or disclose Confidential Information except as
expressly permitted hereunder and shall use all reasonable efforts to protect
the confidentiality thereof. Licensee agrees and acknowledges that the
structure, sequence and organization of the Software are the valuable trade
secrets of BROADCOM, and thus constitute Confidential Information under this
Agreement.
Non-Assignability. Licensee may not sell, transfer, assign or subcontract any
right or obligation set forth in this Agreement without the prior written
consent of BROADCOM. Any act in derogation of the foregoing shall be null and
void.
Government Customers. If any of the rights or licenses granted hereunder are
acquired by or on behalf of a unit or agency of the United States Government,
this Section applies. The Software is a trade secret of BROADCOM for all
purposes of the Freedom of Information Act and is, in all respects, proprietary
data belonging solely to BROADCOM. The Software: (i) was developed at private
expense, is existing computer software, and no part of it was developed with
government funds, (ii) is "restricted computer software" submitted with
restricted rights in accordance with subparagraphs (a) through (d) of the
Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19 and
its successors, (iii) is unpublished and all rights are reserved under the
copyright laws of the United States. For units of the Department of Defense
(DoD), the Software is licensed only with "Restricted Rights" as that term is
defined in the DoD Supplement to the Federal Acquisition Regulation ("DFARS"),
252.227-7013(c)(1)(ii), Rights in Technical Data and Computer Software and its
successors, and use, duplication, or disclosure is subject to the restrictions
set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013. The Contractor/manufacturer of the
Software is Broadcom Corporation, 5300 California Avenue, Irvine, CA 92617. If
the Software is acquired under a GSA Schedule, Licensee agrees to refrain from:
(a) changing or removing any insignia or lettering from such software or the
documentation that is provided; (b) producing copies of related manuals or media
(except for backup purposes); and (c) allowing any third party to do that which
is prohibited in this Section.
Miscellaneous. BROADCOM and Licensee are independent contractors. This is the
entire Agreement between the parties relating to the subject matter hereof,
supersedes any and all prior proposals, agreements and representations between
the parties, whether written or oral, and no waiver, modification or amendment
of the Agreement shall be valid unless in writing signed by each party. The
waiver of a breach of any term hereof shall in no way be construed as a waiver
of any other term or breach hereof. If any provision of this Agreement shall be
held by a court of competent jurisdiction to be contrary to law, the remaining
provisions of this Agreement shall remain in full force and effect. This
Agreement is governed by the laws of the State of California without reference
to conflict of laws principles. The parties expressly stipulate that the 1980
United Nations Convention on Contracts for the International Sale of Goods shall
not apply. All disputes arising out of this Agreement shall be subject to the
exclusive jurisdiction of the state and federal courts located in Orange County,
California, and the parties agree and submit to the personal and exclusive
jurisdiction and venue of these courts.

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