Subject to the following terms and conditions, Electronic Theatre Controls, Inc. (“ETC”) grants to you (“User”), a non-exclusive license to use the Software.
This is a worldwide, royalty-free, non-exclusive license granted to User subject to and in accordance with the terms and conditions of this Agreement. ETC intends to provide, but does not guarantee, updates or upgrades of the Software. ETC will provide maintenance and support relating to the Software. The Software may not be transferred, sold, assigned, leased, rented, sublicensed, or otherwise conveyed, in whole or in part, by User to any third party without ETC’s prior written consent.
You have acquired a device (“Device”) which includes software licensed by ETC from one or more software licensors. The Software is licensed, not sold. You may use the Software only on the Device.
The Software is a proprietary product of ETC and is protected under all applicable copyright laws and international treaties. Except for the limited license granted herein, all right, title and interest to and in the Software remains forever with ETC.
User may not modify, distribute, rent, lease, or sell the Software, but User may transfer User’s rights under this License on a permanent basis provided User transfers this License, together with the accompanying Software, and all other relevant materials, retaining no copies and the recipient party agrees to the terms of this License. User agrees not to cause or permit the reverse engineering, disassembly, or decompilation of the Software. Removal, emulation, or reverse engineering of all or any part of the Software constitutes an unauthorized modification to the Software and is specifically prohibited. If the Software is licensed to a User for use in a member country of the European Union, User may reverse engineer and/or decompile the Software to the extent that sufficient information is not available for the purpose of creating an interoperable software program and cannot be obtained by observing, examining or testing the program (but only for such purposes and to the extent that sufficient information is not provided by ETC upon written request). User shall not remove any product identification, copyright notices, or other notices or proprietary restrictions from the Software.
Software is provided “AS IS” under this License, without warranty of any kind, either express or implied, including, without limitation, warranties that the Software is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality, operation, and performance of the Software is with User. Should any Software prove defective in any respect, User assumes the cost of any necessary servicing, repair or correction. This disclaimer of warranty constitutes an essential part of this license.
If this copy of the Software is an upgrade from a previous version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Software to voluntarily terminate your earlier Agreement and that you will not continue to use the earlier version of the Software or transfer it to another person or entity.
The Software may contain third-party software not owned by ETC which requires notices and/or additional terms and conditions. Such notices and/or terms and conditions may be obtained by contacting your ETC sales rep and are made a part of and incorporated by reference into this Agreement. In addition, certain copyrights notices for such third party software also are included in the documentation attached hereto. By accepting this Agreement, you are also accepting the additional notices and terms and conditions, if any, set forth elsewhere.
The Software and any documentation were developed at private expense, are commercial, and are published and copyrighted. The Software and any documentation may be transferred to the U.S. Government only with the prior written consent of an officer of ETC. The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government or any person or entity acting on its behalf is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software Clause at DFARS (48 CFR 252.227-7013) for DoD contracts, in paragraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights Clause in the FAR (48 CFR 52.227-19) for civilian agencies, or in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR, or in other comparable agency clauses. The contractor or manufacturer is Electronic Theatre Controls, Inc., 3031 Pleasant View Road, Middleton, Wisconsin, USA, 53562-0979.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, SHALL ETC BE LIABLE TO ANY PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND 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 (I) TO DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION, (II) FOR CONSUMERS WITH RESIDENCE IN A MEMBER COUNTRY OF THE EUROPEAN UNION (A) TO DEATH OR PERSONAL INJURY RESULTING FROM ETC’S NEGLIGENCE, (B) TO THE VIOLATION OF ESSENTIAL CONTRACTUAL DUTIES BY ETC, AND (C) TO DAMAGES RESULTING FROM ETC’S GROSS NEGLIGENT OR WILLFUL BEHAVIOR. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
The Software, including technical data, are subject to U.S. export control laws, including without limitation, the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. User shall not directly or indirectly export or re-export the Software, or the direct product thereof, without first obtaining ETC’s written approval. User agrees to comply with all regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import the Software. The Software may not be downloaded or otherwise exported or re-exported (i) into, or to, any country to which the U.S. has embargoed goods, or to a national or resident thereof; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons List; or (iii) to any country facing U.S. sanctions, as listed by the U.S. Treasury Department’s Office of Foreign Assets Control.
Notwithstanding the above, ETC may, without prejudice to any other rights or remedies, terminate this EULA, if any of the following events should occur: (i) if you fail to perform or comply with any provision or term herein; and (ii) if you become insolvent, go into liquidation, file or initiate an action for bankruptcy, or have a receiver, administrative receiver or liquidator appointed or suffer similar measures in any relevant jurisdiction; or if you cease doing business in any form or are no longer able to meet your obligations within the meaning of this EULA.
You shall keep secret and confidential and shall not disclose to any third party any and all confidential information owned or otherwise possessed by ETC including without limitation the Software, the related documents and the contents of this EULA without prior written approval from ETC.
ETC and its licensors shall retain exclusive ownership of all world-wide intellectual property rights in and to the Software and any copies of the Software. All rights in and to the Software not expressly granted to User in this EULA are expressly reserved for ETC and its licensors.
You shall indemnify, defend and hold harmless ETC and the Supplier (or Suppliers, as applicable) from and against any and all losses, damages, claims, liability, costs and expenses (including reasonable attorney fees), suffered or incurred by ETC or the Supplier as a result of any claim by any third party that by reason of your use or application of any intellectual property right contained in the Software constitutes an infringement of any third party’s property rights, including but not limited to, patent and copyright.
Upon termination of this EULA, you must destroy the Software, the related documents and any and all copies thereof within ten (10) days after the date of termination and submit documents evidencing such destruction to ETC.
A) Complete Agreement: This Agreement is the complete agreement between the parties with respect to the Software and supersedes any other communication, written or verbal, with respect to the Software.
B) Severability: The provisions of this EULA are severable; if any term or provision shall be deemed void or unenforceable by a court of competent jurisdiction, such declaration shall have no effect on the remaining terms and provisions hereof.
C) Governing Law: This Agreement shall be governed by the laws of the State of Wisconsin, USA.
The fonts have a generous copyright, allowing derivative works (as long as "Bitstream" or "Vera" are not in the names), and full redistribution (so long as they are not *sold* by themselves). They can be be bundled, redistributed and sold with any software.
The fonts are distributed under the following copyright:
Copyright (c) 2003 by Bitstream, Inc. All Rights Reserved. Bitstream Vera is a trademark of Bitstream, Inc.
Permission is hereby granted, free of charge, to any person obtaining a copy of the fonts accompanying this license (“Fonts”) and associated documentation files (the “Font Software”), to reproduce and distribute the Font Software, including without limitation the rights to use, copy, merge, publish, distribute, and/or sell copies of the Font Software, and to permit persons to whom the Font Software is furnished to do so, subject to the following conditions:
The above copyright and trademark notices and this permission notice shall be included in all copies of one or more of the Font Software typefaces.
The Font Software may be modified, altered, or added to, and in particular the designs of glyphs or characters in the Fonts may be modified and additional glyphs or characters may be added to the Fonts, only if the fonts are renamed to names not containing either the words “Bitstream” or the word “Vera”.
This License becomes null and void to the extent applicable to Fonts or Font Software that has been modified and is distributed under the “Bitstream Vera” names.
The Font Software may be sold as part of a larger software package but no copy of one or more of the Font Software typefaces may be sold by itself.
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL BITSTREAM OR THE GNOME FOUNDATION BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM OTHER DEALINGS IN THE FONT SOFTWARE.
Except as contained in this notice, the names of Gnome, the Gnome Foundation, and Bitstream Inc., shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Font Software without prior written authorization from the Gnome Foundation or Bitstream Inc., respectively. For further information, contact: fonts at gnome dot org.
Version 1.1 - 26 February 2007
The goals of the Open Font License (OFL) are to stimulate worldwide
development of collaborative font projects, to support the font creation
efforts of academic and linguistic communities, and to provide a free and
open framework in which fonts may be shared and improved in partnership
with others.
The OFL allows the licensed fonts to be used, studied, modified and
redistributed freely as long as they are not sold by themselves. The
fonts, including any derivative works, can be bundled, embedded,
redistributed and/or sold with any software provided that any reserved
names are not used by derivative works. The fonts and derivatives,
however, cannot be released under any other type of license. The
requirement for fonts to remain under this license does not apply
to any document created using the fonts or their derivatives.
"Font Software" refers to the set of files released by the Copyright
Holder(s) under this license and clearly marked as such. This may
include source files, build scripts and documentation.
"Reserved Font Name" refers to any names specified as such after the
copyright statement(s).
"Original Version" refers to the collection of Font Software components as
distributed by the Copyright Holder(s).
"Modified Version" refers to any derivative made by adding to, deleting,
or substituting — in part or in whole — any of the components of the
Original Version, by changing formats or by porting the Font Software to a
new environment.
"Author" refers to any designer, engineer, programmer, technical
writer or other person who contributed to the Font Software.
Permission is hereby granted, free of charge, to any person obtaining
a copy of the Font Software, to use, study, copy, merge, embed, modify,
redistribute, and sell modified and unmodified copies of the Font
Software, subject to the following conditions:
1) Neither the Font Software nor any of its individual components,
in Original or Modified Versions, may be sold by itself.
2) Original or Modified Versions of the Font Software may be bundled,
redistributed and/or sold with any software, provided that each copy
contains the above copyright notice and this license. These can be
included either as stand-alone text files, human-readable headers or
in the appropriate machine-readable metadata fields within text or
binary files as long as those fields can be easily viewed by the user.
3) No Modified Version of the Font Software may use the Reserved Font
Name(s) unless explicit written permission is granted by the corresponding
Copyright Holder. This restriction only applies to the primary font name as
presented to the users.
4) The name(s) of the Copyright Holder(s) or the Author(s) of the Font
Software shall not be used to promote, endorse or advertise any
Modified Version, except to acknowledge the contribution(s) of the
Copyright Holder(s) and the Author(s) or with their explicit written
permission.
5) The Font Software, modified or unmodified, in part or in whole,
must be distributed entirely under this license, and must not be
distributed under any other license. The requirement for fonts to
remain under this license does not apply to any document created
using the Font Software.
This license becomes null and void if any of the above conditions are
not met.
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE
COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM
OTHER DEALINGS IN THE FONT SOFTWARE.
© 2003-2008 SIL International, all rights reserved, unless otherwise noted elsewhere on this page.
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
675 Mass Ave, Cambridge, MA 02139, USA
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too.
When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.
For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.
We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.
Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.
Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.
The precise terms and conditions for copying, distribution and modification follow.
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.
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.
If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found.
<one line to give the program's name and a brief idea of what it does.> Copyright (C) 19yy <name of author>
This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version.
This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 675 Mass Ave, Cambridge, MA 02139, USA.
Also add information on how to contact you by electronic and paper mail.
If the program is interactive, make it output a short notice like this when it starts in an interactive mode:
Gnomovision version 69, Copyright (C) 19yy name of author Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'. This is free software, and you are welcome to redistribute it under certain conditions; type `show c' for details.
The hypothetical commands `show w' and `show c' should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than `show w' and `show c'; they could even be mouse-clicks or menu items--whatever suits your program.
You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the program, if necessary. Here is a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the program `Gnomovision' (which makes passes at compilers) written by James Hacker.
<signature of Ty Coon>, 1 April 1989
Ty Coon, President of Vice
This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Library General Public License instead of this License.
THIS LICENSE AGREEMENT IS BETWEEN YOU AND GOAHEAD (BOTH AS DEFINED BELOW). THIS AGREEMENT GRANTS YOU ONLY A LIMITED LICENSE TO USE GOAHEAD PROPRIETARY COMPUTER SOFTWARE. BY EXECUTING THIS AGREEMENT OR USING THE SOFTWARE, YOU CERTIFY THAT YOU WILL USE THE SOFTWARE ONLY IN THE MANNER PERMITTED HEREIN.
1.1 "Documentation" means any documentation GoAhead provides with the Original Code.
1.2 "GoAhead" means GoAhead Software, Inc.
1.3 "Agreement" means this document.
1.4 "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications.
1.5 "Original Code" means the source code to GoAhead’s proprietary computer software entitled GoAhead WebServer that is provided to You by GoAhead.
1.6 "You" 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. For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
1.7 "Response Header" means the first portion of the response message output by the GoAhead WebServer, containing but not limited to, header fields for date, content-type, server identification and cache control.
1.8"Server Identification Field" means the field in the Response Header which contains the text "Server: GoAhead-Webs".
2.1 Limited Original Code Grant.
Subject to the terms of this Agreement, GoAhead hereby grants You a worldwide, royalty-free, nonexclusive, nontransferable license, without right of sublicense, subject to third party intellectual property claims, (a) to use and reproduce the Original Code, (b) to create Modifications from the Original Code, and (c) to distribute source code copies of the Original Code from solely when embedded in other software (in a manner that does not allow the Original Code to be separated) that provides material functionality in addition to the functionality provided by the Original Code.
2.2 Binary Code. Subject to the terms of this Agreement, GoAhead hereby grants You a worldwide, royalty-free, nonexclusive, nontransferable license, without right of sublicense, to copy and distribute binary code copies of the Original Code together with Your Modifications in binary code.
2.3 Restrictions on Use. You may sublicense third parties to use Your Modifications if You enter into a license agreement with such third parties that bind such third parties to all the obligations under this Agreement applicable to You and that are otherwise substantially similar in scope and application to this Agreement (without limiting the protections afforded to GoAhead). You may not rent, lease, or loan the software.
2.4 Documentation.
Subject to the terms of this Agreement, GoAhead hereby grants You a worldwide, royalty-free, nonexclusive, nontransferable license, without right of sublicense, to copy and distribute the Documentation in connection with the authorized distribution of the Original Code and Modifications.
2.5License Back to GoAhead.
You hereby grant in both source code and binary code to GoAhead a world-wide, royalty-free, non-exclusive license to copy, modify, display, use and sublicense any Modifications You make that are distributed or planned for distribution. Within 30 days of either such event, You agree to ship to GoAhead a file containing the Modifications (in a media to be determined by the parties), including any programmers’ notes and other programmers’ materials. Additionally, You will provide to GoAhead a complete description of the product, the product code or model number, the date on which the product is initially shipped, and a contact name, phone number and e-mail address for future correspondence. GoAhead will keep confidential all data specifically marked as such.
3.1 License and Use.
GoAhead hereby grants to You a limited world-wide, royalty-free, non-exclusive license to use the GoAhead trade names, trademarks, logos, service marks and product designations posted in Exhibit A (collectively, the "GoAhead Marks") in connection with the activities by You under this Agreement. Additionally, GoAhead grants You a license under the terms above to such GoAhead trademarks as shall be identified at a URL (the "URL") provided by GoAhead. The use by You of GoAhead Marks shall be in accordance with GoAhead’s trademark policies regarding trademark usage as established at the Web site designated by the URL, or as otherwise communicated to You by GoAhead at its sole discretion. You understand and agree that any use of GoAhead Marks in connection with this Agreement shall not create any right, title or interest in or to such GoAhead Marks and that all such use and goodwill associated with GoAhead Marks will inure to the benefit of GoAhead.
3.2 Promotion by You of GoAhead WebServer Mark. In consideration for the licenses granted by GoAhead to You herein, You agree to notify GoAhead when You incorporate the GoAhead WebServer in Your product and to inform GoAhead when such product begins to ship. You agree to promote the Original Code by prominently and visibly displaying a graphic of the GoAhead WebServer mark on the initial Web page of Your product that is displayed each time a user connects to it. You also agree that GoAhead may identify your company as a user of the GoAhead WebServer by placing your company logo on its Web site. You may further promote the Original Code by displaying the GoAhead WebServer mark in marketing and promotional materials such as the home page of your Web site or Web pages promoting the product.
3.3 Copyright Notice.
You agree to include copies of the following notice (the "Notice") regarding proprietary rights in all copies of the Original Code and Modifications that You distribute, as follows: (a) embedded in the binary code; and (b) on the title pages of all documentation. Furthermore, You agree to use commercially reasonable efforts to cause any licensees of your products to embed the Notice in object code and on the title pages or relevant documentation. The Notice is as follows: Copyright (c) 20XX GoAhead Software, Inc. All Rights Reserved. Unless GoAhead otherwise instructs, the year 20xx is to be replaced with the year during which the release of the Original Code containing the notice is issued by GoAhead. If this year is not supplied with Documentation, GoAhead will supply it upon request.
3.4 No Modifications to Server Identification Field.
You agree not to remove or modify the Server identification Field contained in the Response Header as defined in Section 1.7 and 1.8.
This Agreement and license are effective from the time You execute this Agreement until this Agreement is terminated. You may terminate this Agreement at any time by uninstalling or destroying all copies of the Original Code including all binary versions and removing any Modifications to the Original Code existing in any products. This Agreement will terminate immediately and without further notice if You fail to comply with any provision of this Agreement. All restrictions on use, and all other provisions that may reasonably be interpreted to survive termination of this Agreement, will survive termination of this Agreement for any reason. Upon termination, You agree to uninstall or destroy all copies of the Original Code, Modifications, and Documentation.
THE ORIGINAL CODE, THE DOCUMENTATION, AND THE MEDIA UPON WHICH THE ORIGINAL CODE IS RECORDED (IF ANY) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
The entire risk as to the quality and performance of the Original Code (including any Modifications You make) and the Documentation is with You. Should the Original Code or the Documentation prove defective, You (and not GoAhead or its distributors, licensors or dealers) assume the entire cost of all necessary servicing or repair. GoAhead does not warrant that the functions contained in the Original Code will meet your requirements or operate in the combination that You may select for use, that the operation of the Original Code will be uninterrupted or error free, or that defects in the Original Code will be corrected. No oral or written statement by GoAhead or by a representative of GoAhead shall create a warranty or increase the scope of this warranty.
GOAHEAD DOES NOT WARRANT THE ORIGINAL CODE AGAINST INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK OR OTHER PROPRIETARY OR INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT THAT THE ORIGINAL CODE DOES NOT INCLUDE ANY VIRUS, SOFTWARE ROUTINE OR OTHER SOFTWARE DESIGNED TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY OTHER SUCH ACTIONS.
Any warranties that by law survive the foregoing disclaimers shall terminate 90 days from the date You received the Original Code.
YOUR SOLE REMEDIES AND GOAHEAD'S ENTIRE LIABILITY ARE SET FORTH ABOVE. IN NO EVENT WILL GOAHEAD OR ITS DISTRIBUTORS OR DEALERS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE ORIGINAL CODE, THE INABILITY TO USE THE ORIGINAL CODE, OR ANY DEFECT IN THE ORIGINAL CODE, INCLUDING ANY LOST PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You agree that GoAhead and its distributors and dealers will not be LIABLE for defense or indemnity with respect to any claim against You by any third party arising from your possession or use of the Original Code or the Documentation.
In no event will GoAhead’s total liability to You for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the amount You paid for this product.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, AND SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
You agree to indemnify and hold GoAhead harmless against any and all claims, losses, damages and costs (including legal expenses and reasonable counsel fees) arising out of any claim of a third party with respect to the contents of Your products, and any intellectual property rights or other rights or interests related thereto.
The Original Code is not fault-tolerant and is not designed, manufactured or intended for use or resale as online 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 the failure of the Original Code could lead directly to death, personal injury, or severe physical or environmental damage. GoAhead and its suppliers specifically disclaim any express or implied warranty of fitness for any high-risk uses listed above.
For units of the Department of Defense, use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013. Contractor/manufacturer is GoAhead Software, Inc., 10900 N.E. 8th Street, Suite 1200, Bellevue, Washington 98004.
If the Commercial Computer Software Restricted rights clause at FAR 52.227-19 or its successors apply, the Software and Documentation constitute restricted computer software as defined in that clause and the Government shall not have the license for published software set forth in subparagraph (c)(3) of that clause.
The Original Code (i) was developed at private expense, and no part of it was developed with governmental funds; (ii) is a trade secret of GoAhead (or its licensor(s)) for all purposes of the Freedom of Information Act; (iii) is "restricted computer software" subject to limited utilization as provided in the contract between the vendor and the governmental entity; and (iv) in all respects is proprietary data belonging solely to GoAhead (or its licensor(s)).
This Agreement shall be interpreted under and governed by the laws of the State of Washington, without regard to its rules governing the conflict of laws. You hereby consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington over any disputes arising out of related to this Agreement. If any provision of this Agreement is held illegal or unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions of this Agreement shall remain in effect and the invalid provision deemed modified to the least degree necessary to remedy such invalidity.
This Agreement is the complete agreement between GoAhead and You and supersedes all prior agreements, oral or written, with respect to the subject matter hereof.
If You have any questions concerning this Agreement, You may write to GoAhead Software, Inc., 10900 N.E. 8th Street, Suite 1200, Bellevue, Washington 98004 or send a note via the contact us page of the GoAhead Website.