Anomalous Medical Subscription Agreement
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE. BY INSTALLING OR USING THIS SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) INDICATE YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS, WHICH CONSTITUTE THE LICENSE SUBSCRIPTION AGREEMENT (“AGREEMENT”) BETWEEN YOU (THE “SUBSCRIBER”) AND ANOMALOUS MEDICAL, LLC OR ITS SUBSIDIARIES (COLLECTIVELY “ANOMALOUS” OR “COMPANY”). YOU UNDERSTAND THAT THE USE OF THE SOFTWARE COVERED BY THIS AGREEMENT ENTAILS USE OF CERTAIN OPEN SOURCE SOFTWARE. THIS SOFTWARE IS OFFERED “AS IS,” WITH NO EXPRESS OR IMPLIED WARRANTY. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE AND/OR DOCUMENTATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND BECOME A SUBSCRIBER OF ANOMALOUS.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY AND SHOULD NOT INSTALL, COPY, DOWNLOAD OR USE THE SOFTWARE.
THIS SUBSCRIPTION IS FOR ONE USER AND IS SPECIFIC TO THE PURCHASER OF THE SUBSCRIPTION AND MAY NOT BE TRANSFERRED WITHOUT THE EXPRESS WRITTEN PERMISSION OF COMPANY.
- Subscription Terms
- As a Subscriber you may obtain access to certain content, services and software ("Subscriptions") made available to Subscribers.
- This Agreement does not allow you to exploit software product identified herein (the ”Software”) or the accompanying printed material and User Manual (the ”Documentation”), if any or any of its parts for any commercial purpose (together Software and Documentation shall be referenced as “Licensed Program”). Unless otherwise provided in this Agreement or by any other express written consent of Anomalous, you shall not display, modify, reproduce or distribute any part or portion of the Software, nor any related product or documentation if any. No part of the Software or any of its images may be used for any purpose other than internal use for staff training, personal education, or patient education. Notwithstanding, Company grants Subscriber the right for one user to use the Software, copy its images, content and documentation in connection with their own website, personal live lectures and/or their own promotional materials, subject to all terms and conditions provided herein and provided none of such use is associated with a competitor or Company (as determined in Company’s sole discretion). All copies must bear the Anomalous Medical copyright notice,
“© Anomalous Medical, LLC, 20__”
and retain all logos, backgrounds and other marks that identify the source as originating with Company. No trademark, patent or copyright markings may be removed from the software or any copies of images or other content produced from it. You shall not, for any reason use the Software or Documentation in any product such as a book, video, website using graphics to provide a tour of the human body or any other software product.
- When you complete the registration process, you create an account ("Account"). Your Account may also include billing information you provide to us for the purchase of Subscriptions. You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal, share or otherwise allow others to use your password or Account. You agree that you are personally responsible for the use of your password and Account and for all of the communication and activity that results from use of your login name and password. You may not sell or charge others for the right to use your Account, or otherwise transfer your Account.
- DEDICATED SERVER: Your Subscription(s) (as defined herein) contain access to Company’s servers. You must use the Companies servers to access your Subscription and use the Licensed Program. Notwithstanding, you shall be solely responsible for procuring any Internet access, bandwidth, or hardware for such activities and will bear all costs associated therewith.
- You may not distribute or in any way allow access to the Software so as to allow another to distribute the Software or have access to download the Software for any source other than Company.
- SUBSCRIPTION LICENSE/ LICENSED PROGRAM
- The term Licensed Program as used herein means any code, program, documents, materials, marks, trademarks, names, logos, trade names, service marks or any portion thereof downloaded or used or accessed as a part of this Agreement.
- Company hereby grants to you and you accept, a limited, terminable, non-exclusive license (and any updates thereof for which you have paid a subscription fee) (“Subscription”) to use the Licensed Program on the terms set forth below. Any features for which you have not paid a subscription fee or any other un-enabled features of the Licensed Program (unless Company provides a software protection enabling key or code for such un-enabled features) are unlicensed and you agree not to use or access such features. Certain licenses to the Licensed Program are time limited, to the extent designated by the Company and as may be set forth in the feature line license key that is issued, and will automatically time-out at the end of the designated period. Your License confers no title or ownership in the Licensed Program.
- OWNERSHIP
- Company shall retain all worldwide rights, title and interest in and to the Licensed Program (including without limitation ownership of all copyrights and other intellectual property rights therein), as well as all right, title and interest in and to its trademarks, service marks, trade names worldwide, including any goodwill associated therewith.
- Under no circumstances shall any provision of this Agreement be understood or deemed to restrict, bar, prohibit, or limit Company’s right to market, sell, distribute, display or otherwise provide access to the Licensed Program directly or indirectly anywhere in the world, or enter into contracts, grant licenses or make arrangements with any other party to market, sell, distribute, display or otherwise provide access to the Licensed Program anywhere in the world.
- You shall not sublicense, transfer, sell, lease or assign any right granted herein to any other person or entity.
- The source code of the Software, and the algorithms, concepts, techniques, methods and processes embodied therein, constitute trade secrets and confidential and proprietary information of Anomalous and its licensors, and you shall not access or use such trade secrets and information in any manner, except to the extent expressly permitted herein. Anomalous and its licensors retain all title, copyright, patent and other proprietary rights therein. You agree not to remove or obscure any copyright, trademark or patent notices found in or on any user documentation or the Software.
- GENERAL
- The Licensed Program is licensed to you, not sold, for use only under the terms and conditions of this Agreement.
- You hereby acknowledge, understand and agree that the Licensed Program is protected by the copyrights laws of the United States and international copyright treaties in addition to other intellectual property laws in the United States and throughout the world.
- You further hereby acknowledge, understand and agree that the terms and conditions of this Agreement will apply to any upgrades, improvements, alterations or modifications of the Licensed Program (collectively the “Improvements”), unless such Improvements are accompanied by a separate license or subscription. The terms and conditions of such a separate license or subscription will apply to the Licensed Program or product it accompanies.
- As a Subscriber, Anomalous shall, but only until the date through which you have purchased a valid subscription, provide you with fixes and other updates to the Licensed Program that Anomalous chooses to make generally available to its Subscribers; and use commercially reasonable efforts to respond by telephone or email to inquiries from you for technical or other Support regarding the Software. Any information collected by Anomalous from you pursuant to any requests from you for Support, including design files compiled using the Software and provided by you to Anomalous for design assistance, enhancement and troubleshooting, may be used internally at Anomalous for the purpose of improving the future versions of the Software and other future products. Any such information will not be disclosed by Anomalous to any third parties other than its subsidiaries, its distributors and sales representatives and to the company on behalf of whom you are using the Software (collectively, Partners). Anomalous shall exercise reasonable efforts to maintain the confidentiality of the information.
- Company may, from time to time, provide you with support services related to the Licensed Program (“Support”). Company reserves the right to alter, suspend, and terminate the Support at any time and for any reason. Use of Support is governed by this Agreement and Company’s Policies and Guidelines, available for download and viewing at http://www.anomalousmedical.com/Policies.
- Under no circumstances shall Anomalous be liable to any party in an amount beyond the greater of ten ($10.00) dollars or the Subscription fee paid by you or your employer to Anomalous for the Licensed Program, Software, or Support covered by this Agreement. You may not sublicense, assign, or transfer the license, the Licensed Program or disclose any trade secrets embodied in the Licensed Program, except as expressly provided in this Agreement. Any attempt otherwise to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void and shall automatically terminate this subscription/license.
- This Agreement is entered into for the benefit of Anomalous and its licensors, and all rights granted to you and all obligations owed to Anomalous shall be enforceable by Anomalous and its licensors.
- BY INSTALLING OR USING THE SOFTWARE OR BY PAYING A SUBSCRIPTION FEE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ANOMALOUS WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND ANOMALOUS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
- U.S. Government Restricted Rights: The Licensed Program and any accompanying documentation are commercial products. Use, duplication, release, modification, transfer or disclosure thereof by the U.S. Government is subject to restrictions as set forth in subparagraph (c) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of Commercial Computer Software--Restricted Rights at 48 FAR 52.227-19, as applicable, or in similar or successor clauses
6. THIRD PARTY CONTENT
All Subscribers shall have the ability to create, host and/or sell User Generated Information created within the Licensed Program in the Company store (“Third Party Content”). Third Party Content may not be created, hosted or sold outside Licensed Program or Company store. Subscribers shall own any specific message created within the Third Party Content, and all remaining content shall be owned by Company. Subscribers shall be solely responsible for any information, data, program, etc. uploaded to Company for the purpose of sale. Including, but not limited to ensuring that all material uploaded has the necessary and proper permissions and licenses. Subscribers shall be responsible for all costs associated with the processing of payments on behalf of a Third Party Content creator, which may include a fee to Company. Subscribers who desire to create and post free content for other subscribers shall pay a hosting fee to Company. As to all Subscriptions, Company acts merely as an intermediary service provider for all software and related content that is not authored by Company. Company does not screen such Third Party Content made available to Subscribers from third parties. Company does not assume any responsibility or liability for such third party content. Company may take down and remove any Third Party Content at any time without notice in its sole discretion.
7. USER GENERATED INFORMATION
"User Generated Information" means any information made available through the Licensed Program and/or this Agreement by other Subscribers and licensees of Company. Subject to the Company’s privacy policy, as applicable and as amended, you expressly grant Company the complete and irrevocable right to use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the User Generated Information and derivative works thereof in any form, anywhere, with or without attribution to you, and without any notice or compensation to you of any kind.
8. RESERVATION
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY COMPANY.
YOU MAY NOT USE, COPY, MODIFY, DISTRIBUTE OR TRANSFER THE SOFTWARE OR ANY COPY,
OR MERGED OR COMBINED PORTION THEREOF, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY
PROVIDED FOR IN THIS AGREEMENT. IF YOU TRANSFER POSSESSION OF ANY COPY, OR MERGED
OR COMBINED PORTION OF THE SOFTWARE, TO ANOTHER PARTY EXCEPT AS EXPRESSLY PROVIDED
HEREIN, YOUR LICENSE IS AUTOMATICALLY TERMINATED. YOU MAY NOT DECOMPILE, DISASSEMBLE,
REVERSE ENGINEER OR OTHERWISE ATTEMPT TO ACCESS THE SOURCE CODE OF THE SOFTWARE
OR REDUCE IT TO A HUMAN READABLE FORM; PROVIDED, HOWEVER, THAT IF YOU ARE LOCATED
IN A MEMBER NATION OF THE EUROPEAN COMMUNITY OR OTHER JURISDICTION THAT PERMITS
LIMITED REVERSE ENGINEERING, YOU MAY PERFORM LIMITED REVERSE ENGINEERING, BUT ONLY
AFTER GIVING NOTICE TO ANOMALOUS AND ONLY TO THE EXTENT PERMITTED BY THE EC SOFTWARE
DIRECTIVE OR OTHER APPLICABLE LAW. YOU MAY NOT PUBLISH OR DISCLOSE THE RESULTS OF
ANY BENCHMARKING OF THE SOFTWARE, OR USE SUCH RESULTS FOR YOUR OWN COMPETING SOFTWARE
DEVELOPMENT ACTIVITIES, WITHOUT THE PRIOR WRITTEN PERMISSION OF ANOMALOUS.
8. TERM AND TERMINATION
- This Subscription is effective from the moment you agree to the terms and conditions of this Agreement and begin to download any portion of the Licensed Program.
- You may terminate this Agreement at any time by destroying the Licensed Program along with all copies, full or partial, and removing all of its component parties.
- If, at any time, you fail to comply with or breach any term (or terms) of this Agreement, your rights under this Agreement will AUTOMATICALLY TERMINATE without notice from Company. In such an event, Company is under no obligation to provide notice.
- Company may terminate this Subscription at any time.
- Upon termination or expiration of this Agreement, all rights granted herein shall revert to the original owner. You must immediately cease all use of the Licensed Program and destroy all remaining copies, including the originally downloaded copy.
9. INTELLECTUAL PROPERTY RIGHTS
- The Parties hereby agree and acknowledge that Company shall retain all rights, titles, and interest in the Licensed Program and to any modifications or Improvements made thereto. You will not obtain any rights in the Licensed Program.
- You acknowledge Company’s exclusive rights in the Licensed Program.
- You acknowledge that the Licensed Program is unique and original to Company and that Company is the owner thereof.
- Unless otherwise permitted by law, You shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly, Company’s exclusive right and title to the Licensed Program or the validity thereof.
10. LAW ASSURANCES
You hereby agree to fully comply with the laws of the United States regarding the exportation of goods from the United States.
11. ADDITIONAL WARRANTIES AND REPRESENTATIONS OF COMPANY
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED PROGRAM AND ALL OPEN SOURCE COMPONENTS ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY AND COMPANY’S AFFILIATES (EXPRESSLY REFERRED TO AS COMPANY FOR PURPOSES OF THIS SECTION ONLY) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED PROGRAM, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
- COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH E-BUSINESS’S OR END-USER’S ENJOYMENT OF THE LICENSED PROGRAM, THAT THE FUNCTIONS CONTAINED IN THE LICENSED PROGRAM WILL MEET E-BUSINESS’S OR THE END-USER’S REQUIREMENTS, THAT THE OPERATION OF THE LICENSED PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED PROGRAM WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR A COMPANY-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
- SHOULD THE LICENSED PROGRAM PROVE DEFECTIVE, THE END-USER SHALL ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION.
12. DAMAGES/LIMITATIONS
- UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE USE OF OR INABILITY TO USE THE LICENSED PROGRAM OR ANY OTHER PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS.
- EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES, AND EACH PARTY HEREBY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LICENSED PROGRAM, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE DISTRIBUTOR SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING THE PROFITABILITY OF LICENSED PROGRAM.
- YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COMPANY WITH REGARD TO THE LICENSED PROGRAM OR THE SOFTWARE IS TO DISCONTINUE USE AND CANCEL YOUR SUBSCRIPTOIN. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, COMPANY, ITS LICENSORS, AND THEIR AFFILIATES LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
13. JURISDICTION, VENUE, DISPUTES
This Agreement will be governed by the laws of the State of Florida, United States of America. You agree to submit to the exclusive jurisdiction of the courts in the County of Duval, State of Florida or the federal courts of the Middle District of Florida for the resolution of any dispute or claim arising out of or relating to this Agreement and the parties hereto, all consenting to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it. The prevailing party in any legal action or arbitration arising out of this Agreement shall be entitled to reimbursement for its expenses, including court costs and reasonable attorneys’ fees, in addition to any other rights and remedies such party may have.
14. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Anomalous, its licensors and their affiliates from all liabilities, claims and expenses, including attorneys' fees, that arise from or in connection with breach of this Agreement, use of the Licensed Program or any Subscription or any related content, or any User Generated Information or Third Party Content, including, but not limited to, the creation, distribution, promotion and use of any modifications, by you or any person(s) using your account. Anomalous reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall remain liable through your obligation to indemnify Anomalous for any and all expenses incurred by Anomalous in such defense. This Section regarding Indemnification shall survive termination of this Agreement.
15. MODIFICATIONS
This Agreement may not be modified or amended except by written instrument duly executed by both parties.
16. AGREEMENT BINDING ON SUCCESSORS
The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns.
17. SEVERABILITY
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
18. SECTION HEADINGS
The section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this Agreement.
19. OPEN SOURCE LICENSES
19a. Ogre 3d
OGRE (www.ogre3d.org) is made available under the MIT License.
Copyright (c) 2000-2009 Torus Knot Software Ltd
Permission is hereby granted, free of charge, to any person obtaining
a copy of this OGRE 3d software and associated documentation files (the "3d
Software"), to deal in the 3d Software without restriction, including without
limitation the rights to use, copy, modify, merge, publish, distribute, sublicense,
and/or sell copies of the 3d Software, and to permit persons to whom the 3d Software
is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies
or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
19b. MyGUI
MyGUI source code (everything in MyGUIEngine folder) licensed under LGPL with some exclusions:
- Building against MyGUI headers which have inlined code does not constitute a derived work.
- Code which subclasses MyGUI classes outside of the MyGUI libraries does not form a derived work.
- Statically linking the MyGUI libraries into a user application does not make the user application a derived work.
Plugins that based on some libraries are licensed under same license that library
uses.
All media except some Media pointed below licensed under MIT license.
Everything else (i.e. demos, tools, scripts, configuration files, etc.) is licenses
under MIT license.
19c. Bullet Physics
Bullet Continuous Collision Detection and Physics Library
Copyright (c) 2003-2006 Erwin Coumans http://continuousphysics.com/Bullet/
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:
- 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.
- Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
- This notice may not be removed or altered from any source distribution.
ZZipLib is being licensed under the MPL v1.1.
MOZILLA PUBLIC LICENSE
Version 1.1
---------------
1. Definitions.
1.0.1. "Commercial Use" means distribution or
otherwise making the Covered Code available to a third party.
1.1. "Contributor" means each entity that creates
or contributes to the creation of Modifications.
1.2. "Contributor Version" means the combination
of the Original Code, prior Modifications used by a Contributor, and the Modifications
made by that particular Contributor.
1.3. "Covered Code" means the Original Code or
Modifications or the combination of the Original Code and Modifications, in each
case including portions thereof.
1.4. "Electronic Distribution Mechanism" means
a mechanism generally accepted in the software development community for the electronic
transfer of data.
1.5. "Executable" means Covered Code in any form
other than Source Code.
1.6. "Initial Developer" means the individual
or entity identified as the Initial Developer in the Source Code notice required
by Exhibit A.
1.7. "Larger Work" means a work which combines
Covered Code or portions thereof with code not governed by the terms of this License.
1.8. "License" means this document.
1.8.1. "Licensable" means having the right to
grant, to the maximum extent possible, whether at the time of the initial grant
or subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications" means any addition to or
deletion from the substance or structure of either the Original Code or any previous
Modifications. When Covered Code is released as a series of files, a Modification
is:
- Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
- Any new file that contains any part of the Original Code or previous Modifications.
1.10. "Original Code" means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s),
now owned or hereafter acquired, including without limitation, method, process,
and apparatus claims, in any patent Licensable by grantor.
1.11. "Source Code" means the preferred form
of the Covered Code for making modifications to it, including all modules it contains,
plus any associated interface definition files, scripts used to control
compilation and installation of an Executable, or source code differential comparisons
against either the Original Code or another well known, available Covered Code of
the Contributor's choice. The Source Code can be in
a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. "You" (or "Your") means
an individual or a legal entity exercising rights under, and complying with all
of the terms of, this License or a future version of this License issued under Section
6.1. For legal entities, "You" includes any entity which controls, is
controlled by, or is under common control with You. For purposes of this definition,
"control" means (a) the power, direct or indirect, to cause the direction
or management of such entity, whether by contract or otherwise, or (b) ownership
of more than fifty percent50%) of the outstanding shares or beneficial ownership
of such entity.
2. Source Code License.
- The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices.
2.2. Contributor Grant. Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual
property rights (other than patent or trademark) Licensable by Contributor,
to use, reproduce, modify, display, perform, sublicense and distribute the Modifications
created by such Contributor (or portions thereof) either on an unmodified basis,
with other Modifications, as Covered Code and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of Modifications
made by that Contributor either alone and/or in combination with its Contributor
Version (or portions of such combination), to make, use, sell, offer for sale, have
made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or
portions thereof); and 2) the combination of Modifications made by that Contributor
with its Contributor Version (or portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first makes Commercial Use of the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
- 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.
- 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.
- 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.
- Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge
that a license under a third party's
intellectual property rights
is required to exercise the rights
granted by such Contributor
under Sections 2.1 or 2.2,
Contributor must include
a text file with the Source Code
distribution titled "LEGAL"
which describes the claim and the
party making the claim in
sufficient detail that a recipient will
know whom to contact. If
Contributor obtains such knowledge after
the Modification is made
available as described in Section 3.2,
Contributor shall promptly
modify the LEGAL file in all copies
Contributor makes available
thereafter and shall take other steps
(such as notifying appropriate
mailing lists or newsgroups)
reasonably calculated to
inform those who received the Covered
Code that new knowledge has
been obtained.
(b) Contributor APIs.
If Contributor's Modifications
include an application programming
interface and Contributor
has knowledge of patent licenses which
are reasonably necessary
to implement that API, Contributor must
also include this information
in the LEGAL file.
(c) Representations.
Contributor represents that,
except as disclosed pursuant to
Section 3.4(a) above, Contributor
believes that Contributor's
Modifications are Contributor's
original creation(s) and/or
Contributor has sufficient
rights to grant the rights conveyed by
this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file
of the Source
Code. If it is not possible to put such notice in
a particular Source
Code file due to its structure, then You must include such
notice in a
location (such as a relevant directory) where a user would
be likely
to look for such a notice. If You created one or
more Modification(s)
You may add your name as a Contributor to the notice described
in
Exhibit A. You must also duplicate this License in
any documentation
for the Source Code where You describe recipients'
rights or ownership
rights relating to Covered Code. You may choose to
offer, and to
charge a fee for, warranty, support, indemnity or liability
obligations to one or more recipients of Covered Code.
However, You
may do so only on Your own behalf, and not on behalf of
the Initial
Developer or any Contributor. You must make it absolutely
clear than
any such warranty, support, indemnity or liability obligation
is
offered by You alone, and You hereby agree to indemnify
the Initial
Developer and every Contributor for any liability incurred
by the
Initial Developer or such Contributor as a result of warranty,
support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only
if the
requirements of Section 3.1-3.5 have been met for that
Covered Code,
and if You include a notice stating that the Source Code
version of
the Covered Code is available under the terms of this License,
including a description of how and where You have fulfilled
the
obligations of Section 3.2. The notice must be conspicuously
included
in any notice in an Executable version, related documentation
or
collateral in which You describe recipients' rights
relating to the
Covered Code. You may distribute the Executable version
of Covered
Code or ownership rights under a license of Your choice,
which may
contain terms different from this License, provided that
You are in
compliance with the terms of this License and that the
license for the
Executable version does not attempt to limit or alter the
recipient's
rights in the Source Code version from the rights set forth
in this
License. If You distribute the Executable version under
a different
license You must make it absolutely clear that any terms
which differ
from this License are offered by You alone, not by the
Initial
Developer 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, judicial order, or regulation then You must: (a)
comply with
the terms of this License to the maximum extent possible;
and (b)
describe the limitations and the code they affect. Such
description
must be included in the LEGAL file described in Section
3.4 and must
be included with all distributions of the Source Code.
Except to the
extent prohibited by statute or regulation, such description
must be
sufficiently detailed for a recipient of ordinary skill
to be able to
understand it.
5. Application of this License.
This License applies to code to which the Initial Developer
has
attached the notice in Exhibit A and to related Covered
Code.
6. Versions of the License.
6.1. New Versions.
Netscape Communications Corporation ("Netscape")
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 Netscape.
No one
other than Netscape 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 "Mozilla", "MOZILLAPL",
"MOZPL", "Netscape",
"MPL", "NPL" or any confusingly similar
phrase do not appear in your
license (except to note that your license differs from
this License)
and (b) otherwise make it clear that Your version of the
license
contains terms which differ from the Mozilla Public License
and
Netscape Public License. (Filling in the name of the Initial
Developer, Original Code or Contributor in the notice described
in
Exhibit A shall not of themselves be deemed to be modifications
of
this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES
AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER
EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1. This License and the rights granted hereunder
will terminate
automatically if You fail to comply with terms herein and
fail to cure
such breach within 30 days of becoming aware of the breach.
All
sublicenses to the Covered Code which are properly granted
shall
survive any termination of this License. Provisions which,
by their
nature, must remain in effect beyond the termination of
this License
shall survive.
8.2. If You initiate litigation by asserting a patent
infringement
claim (excluding declatory judgment actions) against Initial
Developer
or a Contributor (the Initial Developer or Contributor
against whom
You file such action is referred to as "Participant")
alleging that:
(a) such Participant's Contributor Version directly
or indirectly
infringes any patent, then any and all rights granted by
such
Participant to You under Sections 2.1 and/or 2.2 of this
License
shall, upon 60 days notice from Participant terminate prospectively,
unless if within 60 days after receipt of notice You either:
(i)
agree in writing to pay Participant a mutually agreeable
reasonable
royalty for Your past and future use of Modifications made
by such
Participant, or (ii) withdraw Your litigation claim with
respect to
the Contributor Version against such Participant.
If within 60 days
of notice, a reasonable royalty and payment arrangement
are not
mutually agreed upon in writing by the parties or the litigation
claim
is not withdrawn, the rights granted by Participant to
You under
Sections 2.1 and/or 2.2 automatically terminate at the
expiration of
the 60 day notice period specified above.
(b) any software, hardware, or device, other than
such Participant's
Contributor Version, directly or indirectly infringes any
patent, then
any rights granted to You by such Participant under Sections
2.1(b)
and 2.2(b) are revoked effective as of the date You first
made, used,
sold, distributed, or had made, Modifications made by that
Participant.
8.3. If You assert a patent infringement claim against
Participant
alleging that such Participant's Contributor Version
directly or
indirectly infringes any patent where such claim is resolved
(such as
by license or settlement) prior to the initiation of patent
infringement litigation, then the reasonable value of the
licenses
granted by such Participant under Sections 2.1 or 2.2 shall
be taken
into account in determining the amount or value of any
payment or
license.
8.4. In the event of termination under Sections 8.1
or 8.2 above,
all end user license agreements (excluding distributors
and resellers)
which have been validly granted by You or any distributor
hereunder
prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER
TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER,
ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY
OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED
OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY
TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE
TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that
term is defined in
48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
computer
software" and "commercial computer software documentation,"
as such
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent
with 48
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
(June 1995),
all U.S. Government End Users acquire Covered Code with
only those
rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning
subject
matter hereof. If any provision of this License is held
to be
unenforceable, such provision shall be reformed only to
the extent
necessary to make it enforceable. This License shall be
governed by
California law provisions (except to the extent applicable
law, if
any, provides otherwise), excluding its conflict-of-law
provisions.
With respect to disputes in which at least one party is
a citizen of,
or an entity chartered or registered to do business in
the United
States of America, any litigation relating to this License
shall be
subject to the jurisdiction of the Federal Courts of the
Northern
District of California, with venue lying in Santa Clara
County,
California, with the losing party responsible for costs,
including
without limitation, court costs and reasonable attorneys'
fees and
expenses. The application of the United Nations Convention
on
Contracts for the International Sale of Goods is expressly
excluded.
Any law or regulation which provides that the language
of a contract
shall be construed against the drafter shall not apply
to this
License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each
party is
responsible for claims and damages arising, directly or
indirectly,
out of its utilization of rights under this License and
You agree to
work with Initial Developer and Contributors to distribute
such
responsibility on an equitable basis. Nothing herein is
intended or
shall be deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered
Code as
"Multiple-Licensed". "Multiple-Licensed"
means that the Initial
Developer permits you to utilize portions of the Covered
Code under
Your choice of the NPL or the alternative licenses, if
any, specified
by the Initial Developer in the file described in Exhibit
A.
EXHIBIT A -Mozilla Public License.
``The contents of this file are subject to the Mozilla
Public License
Version 1.1 (the "License"); you may not use
this file except in
compliance with the License. You may obtain a copy of the
License at
http://www.mozilla.org/MPL/
Software distributed under the License is distributed on
an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or
implied. See the
License for the specific language governing rights and
limitations
under the License.
The Original Code is ______________________________________.
The Initial Developer of the Original Code is ________________________.
Portions created by ______________________ are Copyright
(C) ______
_______________________. All Rights Reserved.
Contributor(s): ______________________________________.
Alternatively, the contents of this file may be used under
the terms
of the _____ license (the "[___] License"),
in which case the
provisions of [______] License are applicable instead of
those
above. If you wish to allow use of your version of
this file only
under the terms of the [____] License and not to allow
others to use
your version of this file under the MPL, indicate your
decision by
deleting the provisions above and replace them
with the notice and
other provisions required by the [___] License. If
you do not delete
the provisions above, a recipient may use your version
of this file
under either the MPL or the [___] License."
[NOTE: The text of this Exhibit A may differ slightly from
the text of
the notices in the Source Code files of the Original Code.
You should
use the text of this Exhibit A rather than the text found
in the
Original Code Source Code for Your Modifications.]
19e. Zlib
(C) 1995-2004 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 Mark Adler
jloup@gzip.org
madler@alumni.caltech.edu
If you use the zlib library in a product, we would appreciate *not*
receiving lengthy legal documents to sign. The sources are provided
for free but without warranty of any kind. The library has been
entirely written by Jean-loup Gailly and Mark Adler; it does not
include third-party code.
If you redistribute modified sources, we would appreciate that you include
in the file ChangeLog history information documenting your changes. Please
read the FAQ for more information on the distribution of modified source
versions.
19f. Freetype
The FreeType Project LICENSE
----------------------------
2006-Jan-27
Copyright 1996-2002, 2006 by
David Turner, Robert Wilhelm,
and Werner Lemberg
Introduction
============
The FreeType Project is distributed in several archive packages;
some of them may contain, in addition to the FreeType font engine,
various tools and contributions which rely on, or relate to,
the
FreeType Project.
This license applies to all files found in such
packages, and
which do not fall under their own explicit license. The
license
affects thus the FreeType font engine,
the test programs,
documentation and makefiles, at the very least.
This license was inspired by the
BSD, Artistic, and IJG
(Independent JPEG Group) licenses, which all encourage inclusion
and use of free software in commercial and
freeware products
alike. As a consequence, its main points are that:
o We don't promise that this software works. However, we
will be
interested in any kind of bug reports. (`as is'
distribution)
o You can use this software for whatever you want,
in parts or
full form, without having to pay us. (`royalty-free'
usage)
o You may not pretend that you wrote this software.
If you use
it, or only parts of it, in a program,
you must acknowledge
somewhere in your documentation
that you have used the
FreeType code. (`credits')
We specifically permit and encourage the
inclusion of this
software, with or without modifications, in commercial products.
We disclaim all warranties covering The FreeType
Project and
assume no liability related to The FreeType Project.
Finally, many people asked us for a
preferred form for a
credit/disclaimer to use in compliance with this license. We thus
encourage you to use the following text:
"""
Portions of this software are copyright © <year> The
FreeType
Project (www.freetype.org). All rights reserved.
"""
Please replace <year> with the value from the FreeType version you
actually use.
Legal Terms
===========
0. Definitions
--------------
Throughout this license, the terms `package', `FreeType Project',
and `FreeType archive' refer to the set
of files originally
distributed by the authors (David Turner, Robert
Wilhelm, and
Werner Lemberg) as the `FreeType Project', be they named as alpha,
beta or final release.
`You' refers to the licensee, or person using the project,
where
`using' is a generic term including compiling the project's source
code as well as linking it to form a `program' or `executable'.
This program is referred to as `a program using
the FreeType
engine'.
This license applies to all files distributed in
the original
FreeType Project, including all source
code, binaries and
documentation, unless otherwise stated in
the file in its
original, unmodified form as distributed in the original archive.
If you are unsure whether or not a particular file is covered
by
this license, you must contact us to verify this.
The FreeType Project is copyright (C) 1996-2000 by David Turner,
Robert Wilhelm, and Werner Lemberg. All rights reserved except as
specified below.
1. No Warranty
--------------
THE FREETYPE PROJECT IS PROVIDED `AS IS' WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. IN NO EVENT WILL ANY OF THE AUTHORS
OR COPYRIGHT HOLDERS BE LIABLE FOR ANY DAMAGES CAUSED BY THE USE OR
THE INABILITY TO USE, OF THE FREETYPE PROJECT.
2. Redistribution
-----------------
This license grants a worldwide, royalty-free,
perpetual and
irrevocable right and license to use, execute, perform, compile,
display, copy, create derivative works
of, distribute and
sublicense the FreeType Project (in both source and object
code
forms) and derivative works thereof for any
purpose; and to
authorize others to exercise some or all of the rights
granted
herein, subject to the following conditions:
o Redistribution of source code must retain this
license file
(`FTL.TXT') unaltered; any additions, deletions
or changes to
the original files must be clearly indicated
in accompanying
documentation. The copyright
notices of the unaltered,
original files must be preserved
in all copies of source
files.
o Redistribution in binary form must provide a disclaimer
that
states that the software is based in
part of the work of the
FreeType Team, in the distribution
documentation. We also
encourage you to put an URL to the FreeType web page
in your
documentation, though this isn't mandatory.
These conditions apply to any software derived from or
based on
the FreeType Project, not just the unmodified files. If
you use
our work, you must acknowledge us. However, no fee need
be paid
to us.
3. Advertising
--------------
Neither the FreeType authors and contributors nor you shall
use
the name of the other for commercial, advertising, or promotional
purposes without specific prior written permission.
We suggest, but do not require, that you use one or more
of the
following phrases to refer to this software in your documentation
or advertising materials: `FreeType Project', `FreeType Engine',
`FreeType library', or `FreeType Distribution'.
As you have not signed this license, you are
not required to
accept it. However, as the FreeType Project
is copyrighted
material, only this license, or another one contracted
with the
authors, grants you the right to use, distribute, and modify
it.
Therefore, by using, distributing, or modifying
the FreeType
Project, you indicate that you understand and accept all the terms
of this license.
4. Contacts
-----------
There are two mailing lists related to FreeType:
o
freetype@nongnu.org
Discusses general use and applications of FreeType,
as well as
future and wanted additions to the library
and distribution.
If you are looking for support,
start in this list if you
haven't found anything to help you in the documentation.
o
freetype-devel@nongnu.org
Discusses bugs, as well as engine internals,
design issues,
specific licenses, porting, etc.
Our home page can be found at
http://www.freetype.org
--- end of FTL.TXT ---
19g. Freeimage
FreeImage Public License - Version 1.0
---------------------------------------------
1. Definitions.
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.
19h. Ogg Vorbis
Copyright (c) 2002-2008 Xiph.org Foundation
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
- Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
- Neither the name of the Xiph.org Foundation nor the names of its
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS IS''
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
IN NO EVENT SHALL THE FOUNDATION OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS;
OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
19i. wxWidgets
wxWindows Library Licence, Version 3.1
======================================
Copyright (c) 1998-2005 Julian Smart, Robert Roebling et al
Everyone is permitted to copy and distribute verbatim copies
of this licence document, but changing it is not allowed.
WXWINDOWS LIBRARY LICENCE TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
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This library is distributed in the hope that it will be useful, but
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You should have received a copy of the GNU Library General Public Licence
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4. If you write modifications of your own for this library, it is your
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If you do not wish that, you must delete the exception notice from such
code and/or adjust the licensing conditions notice accordingly.
19j. Mono
* The C# compiler is dual-licensed under the MIT/X11 license
and the GNU General Public License (http://www.opensource.org/licenses/gpl-license.html) (GPL).
* The tools are released under the terms of the GNU General Public
License (http://www.opensource.org/licenses/gpl-license.html) (GPL).
* The runtime libraries are under the GNU Library GPL 2.0 (http://www.gnu.org/copyleft/library.html#TOC1) (LGPL 2.0).
* The class libraries are released under the terms of the MIT
X11 (http://www.opensource.org/licenses/mit-license.html) license.
*
ASP.NET MVC, the Managed Extensibility Framework (MEF),
the Dynamic Language Runtime (DLR), System.Data.Services.Client, parts of System.Numerics
and ASP.NET AJAX client software are released by Microsoft under the open source
Microsoft Permissive License (http://www.opensource.org/licenses/ms-pl.html), some of them are dual licensed also as Apache2
19k. GNU Library General Public Licence
GNU LIBRARY GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies
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[This is the first released version of the library GPL. It is
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<one line to give the library's name and a brief idea
of what it does.>
Copyright (C) <year> <name of author>
This library is free software; you can redistribute it and/or
modify it under the terms of the GNU Library General Public
License as published by the Free Software Foundation; either
version 2 of the License, or (at your option) any later version.
This library 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
Library General Public License for more details.
You should have received a copy of the GNU Library General Public
License along with this library; if not, write to the Free Software
Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA
02110-1301 USA
Also add information on how to contact you by electronic and paper mail.
You should also get your employer (if you work as a programmer) or your
school, if any, to sign a "copyright disclaimer" for the library, if
necessary. Here is a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the
library `Frob' (a library for tweaking knobs) written by James Random
Hacker.
<signature of Ty Coon>, 1 April 1990
Ty Coon, President of Vice
That's all there is to it!