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Copyright (C) 2003 LICENSE THE
PROGRAM (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS LICENSE. THE
PROGRAM IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE
PROGRAM OTHER THAN AS AUTHORIZED UNDER THIS LICENSE IS PROHIBITED. BY
EXERCISING ANY RIGHTS TO THE PROGRAM PROVIDED HERE, YOU ACCEPT AND AGREE TO BE
BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED
HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS. 1.
Definitions
a.
"Derivative
Program"
means a program based upon the Program or upon the Program and other
pre-existing programs in which the Program may be recast, transformed, or
adapted, except that a program that constitutes a Package will not be considered
a Derivative Program for the purpose of this License. b.
"Licensor"
means the individual or entity that offers the Program under the terms of this
License. c.
"Original
Author"
means the individual or entity who created the Program. d.
"Package"
means a software package, in which the Program in its entirety in unmodified
form, along with a number of other contributions, constituting separate and
independent programs in themselves, are assembled into a collective package.
Such a Package will not be considered a Derivative Program for the purposes of
this License. e.
"Program"
means the copyrightable computer software, including executable and source code,
offered under the terms of this License. f.
"You"
means an individual or entity exercising rights under this License who has not
previously violated the terms of this License with respect to the Program, or
who has received express permission from the Licensor to exercise rights under
this License despite a previous violation. 2.
Fair Use Rights.
Nothing in this license is intended to reduce, limit, or restrict any rights
arising from fair use, first sale or other limitations on the exclusive rights
of the copyright owner under copyright law or other applicable laws. 3.
License Grant.
Subject to the terms and conditions of this License, Licensor hereby grants You
a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the
applicable copyright) license to exercise the rights in the Program as stated
below: a.
to reproduce the Program, to incorporate the Program into one or more
Packages, and to reproduce the Program as incorporated in the Packages; b.
to distribute copies of the Program including as incorporated in
Packages; The
above rights may be exercised in all media and formats whether now known or
hereafter devised. The above rights include the right to make such modifications
as are technically necessary to exercise the rights in other media and formats.
All rights not expressly granted by Licensor are hereby reserved. 4.
Restrictions.
The license granted in Section 3 above is expressly made subject to and limited
by the following restrictions: a.
You may distribute the Program only under the terms of this License, and
You must include a copy of this License with every copy of the Program You
distribute. You may not offer or impose any terms on the Program that alter or
restrict the terms of this License or the recipients' exercise of the rights
granted hereunder. You may not sublicense the Program. You must keep intact all
notices that refer to this License and to the disclaimer of warranties. You may
not distribute the Program with any technological measures that control access
or use of the Program in a manner inconsistent with the terms of this License
Agreement. The above applies to the Program as incorporated in a Package, but
this does not require the Package apart from the Program itself to be made
subject to the terms of this License. b.
You may not exercise any of the rights granted to You in Section 3 above
in any manner that is primarily intended for or directed toward commercial
advantage or private monetary compensation. c.
If you distribute the Program or any Packages, You must keep intact all
copyright notices for the Program and give the Original Author credit reasonable
to the medium or means You are utilizing by conveying the name (or pseudonym if
applicable) of the Original Author if supplied; the title of the Program if
supplied. Such credit may be implemented in any reasonable manner; provided,
however, that in the case of a Package, at a minimum such credit will appear
where any other comparable authorship credit appears and in a manner at least as
prominent as such other comparable authorship credit. 5.
Representations, Warranties and Disclaimer a.
By offering the Program for public release under this License, Licensor
represents and warrants that, to the best of Licensor's knowledge after
reasonable inquiry:
i.
Licensor has secured all rights in the Program necessary to grant the
license rights hereunder and to permit the lawful exercise of the rights granted
hereunder without You having any obligation to pay any royalties, compulsory
license fees, residuals or any other payments;
ii.
The Program does not infringe the copyright, trademark, publicity rights,
common law rights or any other right of any third party or constitute defamation,
invasion of privacy or other tortious injury to any third party. b.
EXCEPT AS EXPRESSLY STATED IN THIS LICENSE OR OTHERWISE AGREED IN WRITING
OR REQUIRED BY APPLICABLE LAW, THE PROGRAM IS LICENSED ON AN "AS IS"
BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING,
WITHOUT LIMITATION, ANY WARRANTIES REGARDING FITNESS OF THE WORK FOR A
PARTICULAR PURPOSE. 6.
Limitation on Liability.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, AND EXCEPT FOR DAMAGES ARISING
FROM LIABILITY TO A THIRD PARTY RESULTING FROM BREACH OF THE WARRANTIES IN
SECTION 5, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR
ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING
OUT OF THIS LICENSE OR THE USE OF THE PROGRAM, EVEN IF LICENSOR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. 7.
Termination
a.
This License and the rights granted hereunder will terminate
automatically upon any breach by You of the terms of this License. Individuals
or entities who have received Packages from You under this License, however,
will not have their licenses terminated provided such individuals or entities
remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8
will survive any termination of this License. b.
Subject to the above terms and conditions, the license granted here is
perpetual (for the duration of the applicable copyright in the Program).
Notwithstanding the above, Licensor reserves the right to release the Program
under different license terms or to stop distributing the Program at any time;
provided, however that any such election will not serve to withdraw this License
(or any other license that has been, or is required to be, granted under the
terms of this License), and this License will continue in full force and effect
unless terminated as stated above. 8.
Miscellaneous
a.
Each time You distribute the Program or a Package, the Licensor offers to
the recipient a license to the Program on the same terms and conditions as the
license granted to You under this License. b.
If any provision of this License is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of the
remainder of the terms of this License, and without further action by the
parties to this agreement, such provision shall be reformed to the minimum
extent necessary to make such provision valid and enforceable. c.
No term or provision of this License shall be deemed waived and no breach
consented to unless such waiver or consent shall be in writing and signed by the
party to be charged with such waiver or consent. d.
This License constitutes the entire agreement between the parties with
respect to the Program licensed here. There are no understandings, agreements or
representations with respect to the Program not specified here. Licensor shall
not be bound by any additional provisions that may appear in any communication
from You. This License may not be modified without the mutual written agreement
of the Licensor and You.
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