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author | David Holm <dholm@gentoo.org> | 2004-03-04 19:54:36 +0000 |
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committer | David Holm <dholm@gentoo.org> | 2004-03-04 19:54:36 +0000 |
commit | 1a42561c5d82f48695b05625ff85aae65a260b53 (patch) | |
tree | a4321afe60b526d34c7659023eaa8bf94500008c /licenses/CAPS | |
parent | ebuild cleanup (Manifest recommit) (diff) | |
download | gentoo-2-1a42561c5d82f48695b05625ff85aae65a260b53.tar.gz gentoo-2-1a42561c5d82f48695b05625ff85aae65a260b53.tar.bz2 gentoo-2-1a42561c5d82f48695b05625ff85aae65a260b53.zip |
The C.A.P.S. license
Diffstat (limited to 'licenses/CAPS')
-rw-r--r-- | licenses/CAPS | 300 |
1 files changed, 300 insertions, 0 deletions
diff --git a/licenses/CAPS b/licenses/CAPS new file mode 100644 index 000000000000..cfa94ce6d602 --- /dev/null +++ b/licenses/CAPS @@ -0,0 +1,300 @@ +C.A.P.S. - The Classic Amiga Preservation Society +Freeware License Agreement (License, Copyright and Terms of Use) + + +ATTENTION: READ CAREFULLY: By using, copying, or distributing the +accompanying software you indicate your acceptance of the following +C.A.P.S. Freeware License Agreement ("Agreement"). + + +PREAMBLE + +The C.A.P.S. philosophy dictates that the technology associated with +allowing floppy disk based computer games (C.A.P.S. is not just an +Amiga focused organisation, even though it started out that way) to be +contained in a preservable form should be provided for free (free as +in "free beer"). No profit whatsoever should be made as a result of +this technology with exception of the original copyright holders. + +This license enforces this philosophy. It protects against misuse of +a technology that has been a long time in development and is provided +to the Amiga community or anyone else who would like to use it. It also +intends to protect C.A.P.S. itself from possible legal liability. + +The C.A.P.S. software should be thought of as an "enabler", a form of +distribution. It is just as a ZIP file, just as an ADF file, just as +your favourite writable CDROM brand. The data or content held by these +files or media is entirely the responsibility of you, the user. If you +do not own the product content then you are likely to be breaking the +license of the content provider or copyright owner. Ultimately, the +C.A.P.S. technology is just an abstract digital recording medium. + +You may notice that this license is very strict in pursuit of getting +it into the hands of people who wish to use it for free. You cannot +charge to give it to somebody, not even for media costs. You cannot +have it on a CDROM that is distributed for payment. You cannot use +it as part of providing a service that receives payment in any form. + +The only exception where the C.A.P.S. technology may be possibly used +with payment is by an original copyright holder (or appointed body). +They can of course contact C.A.P.S. for a special license for games +they own so long as proof of ownership is provided and such a license +will be restricted to these games. This special license will of course +be provided completely for free. + +Infringement of any of the terms of this license is breaching +international copyright laws, but it also hurts the communities +benefiting from the technology by risking its future improvement +and availability. + +This license was not produced for the fun of it, you should note that +only those who could possibly financially or otherwise benefit from the +product are being restricted. Free use (as a user) is not limited, it +is absolutely free and will stay free forever. + +If you do not agree with any of the terms in this license for the +Technology then you are obviously free to choose not to use it. + +The latest version of this license and libraries can be found on our +site: http://www.caps-project.org. + +It is very easy to comply with this license: Do not sell, modify or +abuse the software or images. That's it. Everything else mentioned is +here for those who may not understand these very simple rules. :) + + +1. CLARIFICATION. The software product and accompanying documentation + (the program's object code and documentation are collectively + referred to as the "Technology") is a technology and does not imply + any restrictions, warranty, license, obligation or any other link or + association with what it may contain (the data encapsulated by the + Technology is referred to as the "Content"). + + Unless otherwise noted, The Classic Amiga Preservation Society + ("C.A.P.S.") does not hold the copyright of the "Content", the data + being reproduced, preserved, represented using the Technology. All + copyright of Content provided using the Technology is held by its + respective owners. Terms and conditions may apply to the Content + that do not affect whatsoever the license agreement provided with + the Technology. + + +2. LICENSE. C.A.P.S. hereby grants you (each licensee is addressed as + "you") a non-exclusive, transferable license to use the Technology + on the following terms and only for non-profit purposes (see Section + 3 below). You may: + + a. use the Technology on any computer in your possession; + + b. make copies of the Technology; and + + c. distribute the Technology (subject to the requirements of Section + 3 and 4) only in the form originally furnished by C.A.P.S. with no + modifications whatsoever. However, the Technology may be distributed + as part of another software product provided that the particular + distribution that contains the Technology is provided for non-profit + purposes as defined in Section 3 below. Making or distributing any + for-profit distributions, versions, revisions or releases of said + software product that contains the Technology is prohibited. + + +3. LIMITATIONS ON LICENSE. The license granted in Section 2 is subject + to the following restrictions: + + a. The Technology is to be used only for non-profit purposes unless + you obtain prior written consent from C.A.P.S. Prohibited for-profit + and commercial purposes include, but are not limited to: + + (i) Selling, licensing or renting the Technology to third parties + for a fee (by payment of money or otherwise, whether direct or + indirect); + + (ii) Using the Technology to provide services or products to others + for which you are compensated in any manner (by payment of money + or otherwise, whether direct or indirect), including, without + limitation, providing support or maintenance for the Technology; + + (iii) Distribution or use from which any form of income is received + regardless of profits therefrom, or from which any revenue or + promotional value is received, as well as any distribution to or + use in a corporate environment. Use of the Technology to promote + or support a commercial venture is included in this restriction. + + (iv) Using the Technology to develop a similar application on any + platform for commercial distribution; or + + (v) Using the Technology in any manner that is generally + competitive with a C.A.P.S. product as defined by C.A.P.S. + + b. Media costs associated with the distribution of the Technology may + not be recovered. You shall use your best efforts to promptly notify + C.A.P.S. upon learning of any violation of the above commercial + restrictions. + + c. On each copy of the Technology you must conspicuously and + appropriately reproduce this license, copyright notice, and + disclaimer of warranty; keep intact this Agreement and all notices + that refer to this Agreement or any absence of warranty (whether + written or interactively displayed); and give any other recipients + of the Technology a copy of this Agreement. + + d. You may not modify, combine commercial applications with, or + otherwise prepare derivative works of the Technology. Derivative + works are defined as but not limited to: + + (i) Alternative support libraries. We are open to porting to other + platforms, and so third parties doing such is unnecessary and + violates the terms of this license. + + (ii) Alternative tools that operate on files of the format as + defined by the Technology. This includes but is not limited to: + mastering tools (tools that enable Content to be written back to + physical media like a floppy disk). Reproducing Content provided + through or by the Technology to any other kind of media, such as + alternative content provider technology (this also covers any kind + of converter with the intention of extracting the Content to held + by any other alternate media format that represents the same + independently working Content). Additions, removals or other + modification of data contained by the images. + + e. C.A.P.S., in its sole and absolute discretion, may have included + a portion of the source code or online documentation of the + Technology. Except for any such portions, you shall not REVERSE + ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE ANY PORTION OF + THE TECHNOLOGY TO ANY HUMAN PERCEIVABLE FORM, except to the extent + this restriction is prohibited by applicable law. + + f. Commercial software (as defined in this section 3) may not + contain any part of the Technology except for that part that is + defined as the "access API" (the header files that allow interaction + with the library itself, this is available separately from our site + and has its own license). This interface to the Technology "library" + is provided is by us to enable the users of the commercial software + to benefit from the Technology and still let the commercial software + comply with this license. In this way, the Technology itself need + not (and should not) be distributed with a commercial product. The + user should be advised that he can obtain this missing "plugin" from + the C.A.P.S. site and that it comes with its own license that is not + affected in any way by the license covering the commercial product. + This otherwise does not effect the assertion that the Technology may + not be used by commercial software as defined by this section 3. + + g. No distribution may include the totality or part of the + Technology (including the Content encapsulated by the technology), + changed, unchanged, encrypted, archived, in whatever form, unless + according to the Licence or special agreement with C.A.P.S. This + Technology, including Content must never be found on any paid-for + medium. + + +4. DISTRIBUTION: As used in this Agreement, the term "distribute" (and + its variants) includes making the Technology available (either + intentionally or unintentionally) to third parties for copying or + use, including providing timeshare access. Each time you distribute + the Technology, the recipient must expressly agree to comply with + these terms and conditions. The recipient automatically receives + this license to use, copy, or distribute the Technology subject to + these terms and conditions. You may not impose any further + restrictions on the recipients' exercise of the rights granted + herein. You are not responsible for enforcing compliance with this + Agreement by recipients. + + +5. TITLE. Title, ownership rights, and intellectual property rights in + and to the Technology, and each copy thereof (including all + copyrights therein), shall remain in C.A.P.S. The Technology is + protected by international copyright treaties. + + +6. NO C.A.P.S. OBLIGATION. You are solely responsible for all of your + costs and expenses incurred in connection with the distribution of + the Technology, and C.A.P.S. shall have no liability, obligation or + responsibility therefor. C.A.P.S. shall have no obligation to + provide maintenance, support, upgrades or new releases to you or + to any distributee of the Technology. + + +7. NO WARRANTY. THE SOFTWARE IS LICENSED FREE OF CHARGE, AND THERE IS + NO WARRANTY FOR THE TECHNOLOGY. C.A.P.S. PROVIDES THE TECHNOLOGY + "AS IS," AND C.A.P.S., AND ALL OTHER PERSONS WHO HAVE BEEN INVOLVED + IN THE CREATION, PRODUCTION, OR DELIVERY OF THE TECHNOLOGY, DISCLAIM + ALL CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, + STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY + CONDITIONS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY + QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO + THE RESULTS, QUALITY AND PERFORMANCE OF THE TECHNOLOGY IS WITH YOU + AND YOUR DISTRIBUTEES. SHOULD THE TECHNOLOGY PROVE DEFECTIVE, YOU + AND YOUR DISTRIBUTEES (AND NOT C.A.P.S.) ASSUME THE COST OF ALL + NECESSARY SERVICING, REPAIR OR CORRECTION. C.A.P.S. MAKES NO + WARRANTY OF NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF + THIRD PARTIES. + + +8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL + THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL C.A.P.S., OR ANY OTHER + PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR + DELIVERY OF THE TECHNOLOGY BE LIABLE TO YOU OR ANY OTHER PERSON FOR + ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, + OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THIS AGREEMENT OR + THE USE OF OR INABILITY TO USE THE TECHNOLOGY, INCLUDING BUT NOT + LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, LOSS OF DATA, OUTPUT + FROM THE TECHNOLOGY OR DATA BEING RENDERED INACCURATE, FAILURE OF + THE TECHNOLOGY TO OPERATE WITH ANY OTHER PROGRAMS, DAMAGES FOR LOSS + OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, + OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF + C.A.P.S. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. + + +9. INDEMNIFICATION. You and your distributees shall defend, indemnify + and hold harmless C.A.P.S., and all other persons who have been + involved in the creation, production, or delivery of the Technology, + from any claim, demand, liability, damage award, suit, judgement, or + other legal action (including reasonable attorney's fees) arising + out of your use, distribution, modification, or duplication of the + Technology. + + +10 TERMINATION. The license granted hereunder is effective until + terminated by C.A.P.S.. You may terminate it at any time by + destroying the Technology. This license will terminate automatically + if you fail to comply with the limitations described above. On + termination, you must destroy all copies of the Technology. The + termination of your license will not result in the termination of + the licenses of any distributees who have received rights to the + Technology through you so long as they are in compliance with the + provisions of this Agreement. + + +11. MISCELLANEOUS. This Agreement represents the complete agreement + concerning this license between the parties and supersedes all + prior agreements and representations between them. It may not be + amended. If any provision of this Agreement is held to be + unenforceable for any reason, this Agreement shall terminate. + + The most current version of this license is kept on the C.A.P.S. + web site. Due notice shall be given if ever the license changes, + then all versions of the Technology will be constrained by the + newer license. + + Anything else not covered by this agreement must be agreed with + us before any action can be taken by any party. + + Address all correspondence regarding this license to: + + C.A.P.S. + license@caps-project.org + + +Copyright and Trademark Notices: +-------------------------------- +The Technology is Copyright (c) C.A.P.S. 2003. All rights reserved. +The documentation and all computer files are also Copyright +(c) C.A.P.S. 2003. All rights reserved. These rights include but are +not limited to any foreign language translations of the documentation +or the Technology, and all derivative works of both. All other +trademarks are the property of their respective owners. + + +C.A.P.S. +The Classic Amiga Preservation Society +http://www.caps-project.org |