VERY IMPORTANT - READ CAREFULLY: This Bogemic Software End-User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and Bogemic Software, copyright holder and its affiliates (collectively, the "Licensor"), for all Licensor’s products, computer software, software components, ActiveX controls, license files or registration keys, source code, object code, examples, demos, modified versions, modified modules, revisions, patches, enhancements, fixes, modifications, copies, additions, associated media and printed materials, "online" or electronic documentation (the "Product") contained in the installation file or on the enclosed CD.
You are subject to the terms and conditions of this Agreement whether you access or obtain the Product directly from Licensor, or through any other source.
For purposes hereof, "you" means the individual person installing or using the Product on his or her own behalf; or, if the Product is being downloaded or installed on behalf of an organization, such as an employer, "you" means the organization for which the Product is downloaded or installed, then the person accepting this agreement represents hereby that such organization has authorized such person to accept this agreement on the organization's behalf. For purposes hereof the term "organization," without limitation, includes any partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, labor organization, unincorporated organization, or governmental authority.
IT IS NECESSARY FOR YOU TO AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BEFORE YOU ARE PERMITTED TO CONTINUE TO INSTALL THE PRODUCT. BY SELECTING THE "I ACCEPT" RADIO BUTTON, OR BY INSTALLING, COPYING, EVALUATING, OR OTHERWISE USING THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS ON LIABILITY AND TERMINATION PROVISIONS.
BY USING ALL OR ANY PORTION OF THE PRODUCT YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU.
If you do not agree to the terms of this Agreement, uninstall the Product, destroy all copies and promptly return the package and the accompanying items (including written materials and binders or other containers) to the place you obtained them for a full refund if applicable.
I. OWNERSHIP, GRANT OF LICENSE
Product is licensed, not sold. Licensor continues to own the copy of the Product contained on the disk or CD-ROM and all copies thereof. Your rights to the Product are specified in this Agreement, and Licensor retains all rights not expressly granted to you in this Agreement. Licensor hereby grants to you, and you accept, a non-exclusive, non-transferable license to use, copy and modify the Product only as authorized below.
II. PERMITTED USES
This Agreement grants you the following rights:
A. Product is licensed per individual user. You may make copies on more than one computer, as long as the use of the Product is by the same user. If you have purchased a multi-user license ( e.g. a five user license ), you may use a copy of the Product identified in the multi-user license on the number of computers associated with the multi-user license (e.g. a five user license allows you to use the Product on up to five computers concurrently or by five different users).
The Product is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM, or other storage devise) of that computer. However, installation on a network server for the sole purpose of internal distribution to one or more other computer(s) shall not constitute "use" for which a separate license is required, provided you have a separate license for each computer to which the Product is distributed.
B. Software components, ActiveX controls are licensed per individual developer. You may use our software components or ActiveX controls for the development purposes, e.g. create end user applications that operate in conjunction with the Product only if you have purchased a separate developer license per each developer. The developer license grants you the right to distribute our redistributable ActiveX controls with your application as described in the section V of this Agreement. You may make a copy of the Product (either in hardcopy or electronic form) for each developer for which the Product has been licensed as described in Section A, above, provided, that such copies shall be used only by such developer for internal purposes and are not to be republished or distributed to any other third party or developer.
C. If you are an entity ("Company"), you must acquire and assign a license to each user or developer within your organization using and/or developing with the Product.
You may transfer the license obtained for a user or developer to another user of developer employed or otherwise engaged by Company if the initial user or developer is no longer employed or engaged by Company or is reassigned to another function within Company and no longer develops software applications using the Product.
In addition, with written notification to Licensor, Company may transfer its license(s) of the Product to a successor Company.
D. For purposes hereof, "Registration Code" shall mean a unique key identification file or a combination of unique electronic characters provided to you by the Licensor confirming the purchase of the license from the Licensor, which may carry the information about the license and the number of permitted users, and enabling the full functionality of the Product in accordance with the license granted under this Agreement. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of the Licensor. You agree to implement reasonable security measures to protect such confidential information, but without limitation to the foregoing, shall use best efforts to maintain the security of the Registration Code provided to you by the Licensor and/or its authorized resellers or distributors.
E. You may use the trial versions and product tours only for testing purposes, limited purposes of demonstrations, trials and design time for a period of 30 calendar days from the date of installation ("Evaluation Period"). Following this Evaluation Period of thirty (30) days or less, if you wish to continue to use the Product, you must register. To register you have to pay for the fully functional version. Upon payment we provide the Registration Code to you. Any use of the Product for other purposes or beyond the applicable evaluation period is strictly prohibited.
Registration Code provided by the Licensor constitutes the confidential proprietary information of the Licensor. Licensor’s Registration Code file may not be distributed outside of the area of legal control of the person or persons who purchased the original license, without written permission of the copyright holder. You may not give away, sell or otherwise transfer your Registration Code to a third party. Doing so will result in an infringement of copyright. Copyright holder retains the right of claims for compensation in respect of damage which occurred by your giving away the registration code. This claim shall also extend to all costs which Licensor incurs in defending itself.
F. Unless otherwise specifically indicated under a valid license granted by the Licensor, once registered you are granted a non-exclusive and non-transferable license to install one (1) copy of the Product and during the term of your license, subject to the payment of the applicable fees and your compliance with the terms hereof, this Agreement permits you or any of your employees to use one copy of the specified version of the Product, for internal purposes only, on one computer, workstation. If you have purchased multiple licenses for the Product, then the number of multiple licenses shall determine the number of copies of the Product you may have and the number of computers on which you may use the Product. If the Product is licensed as a suite or bundle with more than one specified software product, this license applies to all such specified software products, subject to any restrictions or usage terms specified on the applicable price list or product packaging that apply to any of such software products individually. Additionally, Licensor reserves the right to provide for specific terms and conditions in the purchased licenses and such terms may be embedded in Registration Code specifying other terms, conditions and restrictions of using of the Product. The Licensor reserves all rights not expressly granted herein.
Home/Personal License. With the purchase of a personal License, the Licensee may operate the Product as set forth in the Agreement for non-commercial purposes in a non-business or non-commercial environment. Use of the Product in a corporate, governmental or business environment requires the purchase of a business license.
Business License. Allows the Licensee to use the Product in a corporate, governmental or business environment.
Business Site License. Allows the Licensee to install and use the Product in a corporate, governmental or business environment on an unlimited amount of CPUs within one office in one geographic location. Within these limitations, the Licensee may install the Product as a "Network" Product and run the software from any networked computer on your LAN, provided those computers are located exclusively within one office at one geographic location.
Educational License. Allows the Licensee to install and use the Product for non-commercial purposes in a non-business or non-commercial environment.
Educational Site License. Allows the Licensee to install and use the Product for non-commercial purposes in a non-business or non-commercial environment on an unlimited amount of CPUs within one office in one geographic location. Within these limitations, the Licensee may install the Product as a "Network" Product and run the software from any networked computer on your LAN, provided those computers are located exclusively within one office at one geographic location.
Product Component License. Allows to install and use the component ( e.g. Bogemic Grid ) shipped with the specified product ( e.g. Bogemic Studio ) only as part of this product. Any other uses are strictly prohibited.
Developer License. Allows to install the component ( e.g. Bogemic Grid ), use the component for development purposes and distribute it as part of end-user application as permitted in the section V of this Agreement.
Multiple Environment Product; Multiple Language Product; Dual Media Product; Multiple Copies; Bundles. If the Product supports multiple platforms or languages, if you receive the Product on multiple media, if you otherwise receive multiple copies of the Product, or if you received the Product bundled with other software, the total number of your computers on which all versions of the Product are installed may not exceed the number of licenses you have obtained from the Licensor. You may not rent, lease, sublicense, lend or transfer any versions or copies of the Product you do not use.
III. PROHIBITED USES
You may not, without the prior written permission of Licensor:
A. Disassemble, decompile or "unlock", decode or otherwise reverse translate or engineer, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of Product provided in object code form only.
B. Use, copy, modify, or merge copies of the Product and any accompanying documents except as permitted in this Agreement.
C. Transfer, rent, lease, or sublicense the Product.
D. Separate the software programs comprising the Product for use by more than one user at a time.
E. Distribute the Product and its parts, except as permitted in the section V of this Agreement.
F. You may NOT permanently or temporarily transfer ANY of your rights under this Agreement to any individual or entity
IV. SOURCE CODE
The provision of source code, if included with the Product, does not constitute transfer of any legal rights to such code. Provided you have purchased a license to the source code, you may make modifications, enhancements, derivative works and/or extensions to that licensed source code provided to you under the terms set forth in this section IV.
A. Licensor shall retain all rights, title and interest in and to all corrections, modifications, enhancements and derivative works of the source code.
B. You may not distribute the Licensor’s source code, or any modification, enhancement, derivative work and/or extension thereto, in source code form.
C. The source code contained herein and in related files is provided to the registered developer for the sole purposes of education and troubleshooting. Under no circumstances may any portion of the source code be distributed, disclosed or otherwise made available to any third party without the express, prior written consent of Licensor.
D. Under no circumstances may the source code be used in whole or in part, as the basis for creating a product that provides the same, or substantially the same, functionality as any Licensor’s product. You will not take any action, or assist or otherwise aid anyone else in taking any action, that would limit Licensor’s independent development, sale, assignment, licensing or use of its own software or any modification, enhancement, derivative work and/or extension thereto.
E. You will not modify or delete, in whole or part, any copyright, trade secret, proprietary, confidential or other notice thereon or therein without the express, prior written consent of Licensor.
F. If you purchase any license that includes source code in your organization, all licenses for the same product in your organization must be purchased with source code.
YOU UNDERSTAND AND ACKNOWLEDGE THAT SOURCE CODE IS LICENSED AS IS, AND THAT LICENSOR DOES NOT PROVIDE ANY TECHNICAL SUPPORT FOR SOURCE CODE.
V. REDISTRIBUTABLE COMPONENTS
Product may include certain files ("Redistributable(s)") intended for distribution by you to the users of software applications which you create. In all circumstances, the Redistributables for the Product are only those files specifically designated as such by Licensor.
In addition to the section II of this Agreement, an authorized single developer or entity that have necessary number of developer licenses ("Developer") is granted a perpetual, royalty-free, non-exclusive license to duplicate the Redistributables and to distribute them solely in conjunction with software products developed by Developer that use them.
If you are using the trial or evaluation version of the Product, then you may not distribute any of the files provided with the trial or evaluation version.
Distribution by the Developer of any design-time tools (EXE's or DLL's), executables, and source code distributed to Developer by Licensor as part of this Product and not explicitly identified as a redistributable file is strictly prohibited.
If Developer distributes the Redistributables, Developer agrees to:
1) not supply any means by which end users could incorporate the Product or portions thereof into their own products;
2) not use Licensor’s name, logo or trademarks to market a software product;
3) include a valid copyright notice on Developer's software product;
4) indemnify, hold harmless, and defend Licensor from and against any claims or lawsuits, and reasonable attorney’s fees, that arise or result from the use and distribution of Developer’s software product;
5) not permit further distribution of the Redistributables by end user(s) of Developer’s software product.
Subject to all of the terms and conditions in this Agreement, you may reproduce and distribute copies of the Redistributables, provided that such copies are made from the original copy of the Redistributables included with the Product. Copies of Redistributables may only be distributed with and for the sole purpose of executing application programs permitted under this Agreement that you have created using the Product.
VI. ACADEMIC LICENSE ELIGIBILITY REQUIREMENTS
Licensor offers qualified Educational Institutions or Organizations and eligible Academic End Users the ability to buy educational licenses of the Product for educational instruction purposes. Educational versions of the Product can not be used for any commercial purpose. Programs and prices are subject to change without notice. Please contact us for eligibility requirements or if you have any other questions about the Bogemic Education Program
VII. UPGRADES
If the Product is labeled as an upgrade, you must be properly licensed to use the Product identified by Licensor as being eligible for the upgrade in order to use the Product. A Product labeled as an upgrade replaces and/or supplements the Product that formed the basis for your eligibility for the upgrade, and together constitutes a single Product. You may use the resulting upgraded Product only in accordance with all the terms of this Agreement.
VIII. COPYRIGHT
All title and copyrights in and to the Product (including but not limited to any images, photographs, animation, video, audio, music, text and "applets" incorporated into the Product) and the accompanying printed materials are owned by Licensor or its suppliers. The Product is protected by Russian Federation copyright laws and international treaty provisions. All rights are reserved worldwide. You must treat the Product like any other copyrighted material, except that you may, in addition to the copies permitted in this Agreement, make one copy of the Product solely for backup or archival purposes. No part of the accompanying printed materials may be reproduced, transmitted, transcribed, stored in any retrieval system, or translated into any language by any means without the express prior written permission of Licensor.
IX. TERMINATION
This Agreement and your right to use the Product will terminate immediately without notice from Licensor if you fail to comply with the terms and conditions of this Agreement. Upon termination, you agree to destroy the Product, including all accompanying documents and copies. Upon termination of this Agreement you will no longer be authorized to use the Product in any way.
X. CONFIDENTIALITY
You acknowledge that the Product and any source code provided to you pursuant to this Agreement, as well as any modification, enhancement, derivative work and/or extension thereto includes valuable trade secrets of Licensor. You agree to maintain in confidence the Licensor’s Source Code (in source code form), and any modification, enhancement, derivative work and/or extension thereto, by using at least the same physical and other security measures as you use for your own confidential technical information and documentation, but in no event less that a commercially reasonable standard of care. You further agree not to disclose the Licensor’s Source Code (in source code form), or any aspect thereof, or any modification, enhancement, derivative work and/or extension thereto, or any aspect thereof, to anyone other than employees or contractors who have a need to know or obtain access to such information in order to support your authorized use of the Product and who are bound to protect such information against any other use or disclosure. You agree to assume full responsibility for such employees' or contractors' use, or misuse, of such disclosed source code as if it was your use. These obligations shall not apply to any information generally available to the public, independently developed or obtained without reliance on Licensor' information, or approved in writing for release by Licensor without restriction.
XI. LIMITED WARRANTY
A. Except with respect to Redistributables and source code, which are provided "AS IS," without warranty of any kind, Licensor warrants that the Product will perform substantially in accordance with the accompanying materials for a period of thirty (30) days from the date of receipt. Licensor does not warranty that the Product will be error-free.
SOURCE CODE IS LICENSED "AS IS". LICENSOR DOES NOT PROVIDE ANY TECHNICAL SUPPORT FOR SOURCE CODE.
B. Licensor' and its suppliers' entire liability and your exclusive remedy under the performance warranty set forth in Section XI.A, shall be, at Licensor' option, either (a) return of the purchase price paid, or (b) repair or replacement of the defective Product. Product purchased other than directly from Licensor shall be returned to the place it was purchased. This limited warranty is void if failure of the Product has resulted from accident, abuse, or misapplication. Any replacement Product will be warranted for the remainder of the original thirty (30) day period.
C. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION XI, LICENSOR AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE PRODUCT.
XII. LIMITATION OF LIABILITIES
Licensor' liability, whether in contract, tort, or otherwise, arising out of your use of, or in connection with, the Product, or otherwise under this Agreement, shall not exceed the amount of the license fee paid by you to Licensor. IN NO EVENT SHALL LICENSOR 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 PRODUCT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
XIII. MISCELLANEOUS
NOTICE TO U.S. GOVERNMENT END USERS. The Product and accompanying Documentation are deemed to be "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," respectively, 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, including any use, modification, reproduction, release, performance, display or disclosure of the Product and accompanying Documentation, 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.
EXPORT RESTRICTIONS. You acknowledge and agree that the Product may be subject to restrictions and controls imposed by the Export Administration Act and the Export Administration Regulations of the United States (the "Acts"). You agree and certify that neither the Product nor any direct product thereof is being or will be used for any purpose prohibited by the Acts. You may not Operate, download, export, or re-export the Product (a) into, or to a national or resident of, any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Product, you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. You acknowledge that it is your sole responsibility to comply with any and all government export and other applicable laws and that the Licensor has no further responsibility for such after the initial license to you. You warrant and represent that neither the U.S. Commerce Department, Bureau of Export Administration nor any other U.S. federal agency has suspended, revoked or denied your export privileges.
GOVERNING LAW; JURISDICTION AND VENUE. This Agreement shall be governed by and construed and enforced in accordance with the laws of the Russian Federation without reference to conflicts of law rules and principles. To the extent permitted by law, the provisions of this Agreement shall supersede any provisions of the Uniform Commercial Code as adopted or made applicable to the Products in any competent jurisdiction. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed and excluded. The courts within the Russian Federation shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. You agree that this Agreement is to be performed in the Russian Federation and that any action, dispute, controversy, or claim that may be instituted based on this Agreement, or arising out of or related to this Agreement or any alleged breach thereof, shall be prosecuted exclusively in the courts in of the Russian Federation and you, to the extent permitted by applicable law, hereby waive the right to change venue to any other state, county, district or jurisdiction; provided, however, that the Licensor as claimant shall be entitled to initiate proceedings in any court of competent jurisdiction.
In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions. This is the entire agreement between you and Licensor which supersedes any prior agreement, whether written or oral, relating to this subject matter. Licensor reserves all rights not specifically granted in this Agreement.
You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.
Copyright 1998-2003 by Neil Hodgson <neilh@scintilla.org>
All Rights Reserved
Permission to use, copy, modify, and distribute this software and its
documentation for any purpose and without fee is hereby granted,
provided that the above copyright notice appear in all copies and that
both that copyright notice and this permission notice appear in
supporting documentation.
NEIL HODGSON DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS
SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS, IN NO EVENT SHALL NEIL HODGSON BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE
OR PERFORMANCE OF THIS SOFTWARE.
Boost Software License - Version 1.0 - August 17th, 2003
Permission is hereby granted, free of charge, to any person or organization
obtaining a copy of the software and accompanying documentation covered by
this license (the "Software") to use, reproduce, display, distribute,
execute, and transmit the Software, and to prepare derivative works of the
Software, and to permit third-parties to whom the Software is furnished to
do so, all subject to the following:
The copyright notices in the Software and this entire statement, including
the above license grant, this restriction and the following disclaimer,
must be included in all copies of the Software, in whole or in part, and
all derivative works of the Software, unless such copies or derivative
works are solely in the form of machine-executable object code generated by
a source language processor.
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, TITLE AND NON-INFRINGEMENT. IN NO EVENT
SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE
FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE,
ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
DEALINGS IN THE SOFTWARE.
1.1. "Contributor" means each entity that creates or contributes to the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. "Executable" means Covered Code in any form other than Source Code.
1.6. "Initial Developer" means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7. "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8. "License" means this document.
1.9. "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a
Modification is:
A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous Modifications.
1.10. "Original Code" means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.11. "Source Code" means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control
compilation and installation of an Executable, or a list of source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. "You" 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 fifty percent (50%) or more 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) to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Initial Developer, to make, have made, use and sell ("Utilize") the Original Code (or portions thereof), but solely to the extent that
any such patent is reasonably necessary to enable You to Utilize the Original Code (or portions thereof) and not to any greater extent that may be necessary to Utilize further Modifications or
combinations.
2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) 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 or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Contributor, to Utilize the Contributor Version (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Contributor Version (or portions thereof), and not to any greater extent that
may be necessary to Utilize further Modifications or combinations.
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 You have knowledge that a party claims an intellectual property right in particular functionality or code (or its utilization under this License), you 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 you obtain such knowledge after You make Your Modification available as described in Section 3.2, You shall promptly modify the LEGAL file in all copies You make
available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.
(b) Contributor APIs.
If Your Modification is an application programming interface and You own or control patents which are reasonably necessary to implement that API, you must also include this information in the LEGAL file.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code, and this License in any documentation for the Source Code, where You describe recipients' rights relating to Covered Code. If You created one or more Modification(s), You may add your name as a Contributor to the notice described in Exhibit A. 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 file) where a user would be likely to look for such a notice. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or
liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of
warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You
describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code 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 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 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.
Floris van den Berg 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 Floris van den Berg
No one other than Floris van den Berg 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 "FreeImage", `FreeImage Public License", "FIPL", or any confusingly similar phrase do not appear anywhere in your license and (b) otherwise make it clear that your version of the license contains terms which differ from the FreeImage 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.
This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER 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 THAT 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 Dutch law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in, the The Netherlands: (a) unless otherwise agreed in writing, all disputes relating to this License (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration, with the losing party paying all costs of arbitration; (b) any arbitration relating to this Agreement shall be held in Almelo, The Netherlands; and (c) any litigation relating to this Agreement shall be subject to the jurisdiction of the court of Almelo, The Netherlands with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. 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.
Except in cases where another Contributor has failed to comply with Section 3.4, You are responsible for damages arising, directly or indirectly, out of Your utilization of rights under this License, based
on the number of copies of Covered Code you made available, the revenues you received from utilizing such rights, and other relevant factors. You agree to work with affected parties to distribute
responsibility on an equitable basis.
EXHIBIT A.
"The contents of this file are subject to the FreeImage 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://home.wxs.nl/~flvdberg/freeimage-license.txt
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.
Copyright (C) 1995-2005 Jean-loup Gailly and Mark Adler
This software 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 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, an acknowledgment in the product documentation would be
appreciated but is not required.
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 or altered from any source distribution.
Jean-loup Gailly jloup@gzip.org
Mark Adler madler@alumni.caltech.edu
