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authorDonnie Berkholz <spyderous@gentoo.org>2005-12-04 08:27:14 +0000
committerDonnie Berkholz <spyderous@gentoo.org>2005-12-04 08:27:14 +0000
commit26dc201c926d4605f1f0213d1ca8242db46ea79a (patch)
treed35b822c3d17a6e1b3219f122b1b8d9dc985f777 /licenses/WebMO
parentFixed detection/dependency on ndbm.h. Closes bug #95140 (diff)
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+WebMO License Agreement
+WebMO License Agreement 1.1
+Definitions
+The "SOFTWARE PRODUCT" is all files included with the WebMO distribution
+archive as well as all files produced as a result of the installation scripts.
+The "SOFTWARE PRODUCT" also includes the WebMO logo and the "look and feel" of
+any page produced via WebMO or included with the WebMO package. The provisions
+of this License Agreement applying to the "SOFTWARE PRODUCT" also apply to all
+derivative works of the "SOFTWARE PRODUCT."
+The "LICENSEE" is the individual who downloads or receives the SOFTWARE PRODUCT
+unless the individual designates another to be the "LICENSEE".
+"WEBMO" is WebMO, LLC of Holland, Michigan, which is the sole owner of the
+copyright and all other rights in and to the SOFTWARE PRODUCT.
+"LICENSE FEES" are monies paid from the LICENSEE to WebMO for the right to
+invoke this License Agreement for a specific implementation of the SOFTWARE
+PRODUCT.
+Application of License
+By downloading or receiving the SOFTWARE PRODUCT, or by installing the SOFTWARE
+PRODUCT onto any machine, or by using the SOFTWARE PRODUCT or any portion of
+the SOFTWARE PRODUCT in any way, the LICENSEE agrees to be bound by the terms
+of this License Agreement.
+The LICENSEE is responsible for ensuring that the terms of the License
+Agreement are upheld and the LICENSEE is responsible for any violations of the
+License Agreement whether or not the LICENSEE authorized the infringements of
+the License Agreement.
+Permitted Uses
+Provided that any required LICENSE FEES have been paid, this License Agreement
+allows the LICENSEE to download the SOFTWARE PRODUCT for the purpose of
+installing the SOFTWARE PRODUCT on the LICENSEE'S site or for the purpose of
+examining the source code of the SOFTWARE PRODUCT to evaluate its future use on
+the LICENSEE'S site. The LICENSEE may install the SOFTWARE PRODUCT one time
+onto a single WWW server. The LICENSEE may also retain one copy of the
+distribution of the SOFTWARE PRODUCT for archival purposes provided that this
+archive is not redistributed in any way.
+License Fees
+WebMO retains the right to charge license fees for its product. However, no
+retroactive fees for issued licenses will ever be applied. Licenses are issued
+for a particular WebMO version, and a fee may be charged for future WebMO
+upgrades.
+Prohibited Uses
+The LICENSEE agrees not to do any of the following unless previously authorized
+in writing by WebMO, as doing the following would violate this License
+Agreement and be grounds for the termination of this License Agreement and
+possible legal action as described in this License Agreement.
+ * Making available for download or otherwise copying or redistributing the
+SOFTWARE PRODUCT
+ * Selling, renting, or leasing the SOFTWARE PRODUCT to any individual or
+organization
+ * Including on any distribution medium (such as a CD-ROM or bundled within
+a software package) the SOFTWARE PRODUCT
+ * Installing the SOFTWARE PRODUCT on more than one WWW server or
+implementing the SOFTWARE PRODUCT more than one time on a WWW server, without a
+sufficient number of Licenses to do so
+ * Using any portion of the SOFTWARE PRODUCT in any other application or
+redistributing the SOFTWARE PRODUCT under the same or another name
+Copyright Notices and Program Credits
+Copyright notices included within the CGI scripts and source files of the
+SOFTWARE PRODUCT may never be modified, appended, or removed without the prior
+expressed written consent of WebMO, regardless of whether the LICENSEE has paid
+any LICENSE FEES for the implementation of the SOFTWARE PRODUCT.
+The LICENSEE is not permitted to modify, append, or remove any copyright
+notices or program credits appearing within the visual interface of the
+SOFTWARE PRODUCT. This includes, but is not limited to, copyright notices on
+documentation pages and the "About WebMO" page. Removing links to such
+copyright notices and program credits is similarly prohibited.
+Multiple Installations
+Each distinct implementation of the SOFTWARE PRODUCT requires that a separate
+License be issued by WebMO to the LICENSEE. If no LICENSE FEES have been paid,
+a LICENSEE is limited to one active License and may install only one
+implementation of the SOFTWARE PRODUCT.
+Modifications or Additions
+WebMO strongly discourages the use or creation of any modifications or
+additions to the SOFTWARE PRODUCT. Any modifications or additions to the
+SOFTWARE PRODUCT are subject to the following provisions:
+ 1. The LICENSEE may modify in any way desired the SOFTWARE PRODUCT for the
+LICENSEE'S own use, except that copyright headers and credits cannot be removed
+except as otherwise provided in this License Agreement.
+ 2. Any modifications containing portions of the SOFTWARE PRODUCT or causing
+any portion of the SOFTWARE PRODUCT to be executed, evaluated, or otherwise
+used in any way, are considered derivative works of the SOFTWARE PRODUCT.
+Hence, these modifications are subject to all terms of this License Agreement,
+and consequently cannot be redistributed or sold. Thus, no person,
+organization, or entity shall distribute any modification or addition to the
+SOFTWARE PRODUCT that uses any portion of the SOFTWARE PRODUCT in any way.
+ 3. By making any modification or by otherwise installing any third-party
+modifications to the SOFTWARE PRODUCT, the LICENSEE voids the limited warranty
+and any obligation of support on behalf of WebMO, whether express or implied.
+WebMO specifically disclaims all warranties, express or implied, if any portion
+of the SOFTWARE PRODUCT has been modified except as documented in the SOFTWARE
+PRODUCT'S accompanying documentation.
+ 4. WebMO makes no guarantee that the underlying code or data structure will
+be maintained in future upgrades to the SOFTWARE PRODUCT. The LICENSEE agrees
+that WebMO retains the absolute right to modify future versions of the SOFTWARE
+PRODUCT as WebMO sees fit, whether or not such modifications are compatible
+with any modifications made by the LICENSEE. WebMO retains this right in all
+circumstances, even if the LICENSEE has the right under arrangements with WebMO
+to download and install future upgrades of the SOFTWARE PRODUCT. WebMO is under
+no obligation whatsoever to modify the SOFTWARE PRODUCT or to instruct the
+LICENSEE or anyone else how to modify the SOFTWARE PRODUCT.
+Limited Warranty
+Provided that LICENSE FEES have been paid by the LICENSEE, WebMO warrants that
+the SOFTWARE PRODUCT will perform according to its documentation on a system
+meeting the minimum specified requirements for a period of 30 days commencing
+upon timely payment of such LICENSE FEES. Should WebMO breach the limited
+warranty agreement, WebMO will, at its discretion, repair, replace, or provide
+instructions for repair of the SOFTWARE PRODUCT, or return any LICENSE FEES to
+the LICENSEE. In this sense, WebMO offers 30 days of free technical support to
+the LICENSEE for the sole purpose of causing the SOFTWARE PRODUCT to perform
+according to its documentation. In no case shall the liability of WebMO exceed
+the LICENSE FEES paid by the LICENSEE. This limited warranty is not offered if
+LICENSE FEES have not been paid by the LICENSEE.
+This is the only warranty of any kind guaranteed by WebMO. Except for this
+limited warranty, the SOFTWARE PRODUCT is provided on an "as is" basis, and the
+LICENSEE accepts the SOFTWARE PRODUCT "with all faults." Should the SOFTWARE
+PRODUCT prove defective, the LICENSEE and not WebMO assumes the entire cost of
+service and repair. In addition, the security mechanisms implemented in
+SOFTWARE PRODUCT have inherent limitations, and WebMO does not warrant that the
+SOFTWARE PRODUCT will withstand all attacks. To the maximum extent permitted by
+applicable law, WebMO disclaims all other warranties, either express or
+implied. Particularly, WebMO makes no warranty of title, no warranty against
+infringement, no warranty of merchantability, and no warranty of fitness for a
+particular purpose. This warranty gives you specific legal rights, and you may
+have other legal rights that vary by jurisdiction.
+The SOFTWARE PRODUCT is not fault-tolerant and is not designed for use in
+high-risk activities in any environment where the SOFTWARE PRODUCT could lead
+to injury or death. WebMO specifically disclaims any warranties, express
+implied, of fitness for high-risk activities.
+In no event shall WebMO be liable for any damages in excess of LICENSE FEES
+paid (including without limitation, special, direct, incidental, consequential,
+or indirect damages for personal injury, loss of business profits, business
+interruption, loss of information, loss of data, and any other pecuniary loss)
+arising from the installation or any use of this SOFTWARE PRODUCT.
+The LICENSEE voids this limited warranty by performing any of the following
+actions:
+ 1. Modifying any part of the SOFTWARE PRODUCT except as documented in the
+documentation that accompanies the SOFTWARE PRODUCT. This includes, but is not
+limited to, the CGI scripts, and any configuration files generated by the
+program or required for installation. Should any other person or any automatic
+process (including but not limited to web site publishing software or
+third-party scripts which directly or indirectly access or write any of the
+files constituting part of the SOFTWARE PRODUCT) perform such modifications,
+the LICENSEE is deemed to have performed such modifications and thus the
+limited warranty is void.
+ 2. Breaching any portion of this License Agreement.
+ 3. Failing to promptly register the implementation of the SOFTWARE PRODUCT
+with WebMO following its implementation the LICENSEE'S site.
+ 4. Deleting or moving (intentionally or inadvertently) any file provided
+with, created by, or used by the SOFTWARE PRODUCT.
+ 5. Failing to meet the system requirements for the LICENSEE'S server as
+stated on the WebMO download page for the version of the SOFTWARE PRODUCT that
+the LICENSEE is attempting to install.
+ 6. Failing to pay required LICENSE FEES in a timely manner for the
+LICENSEE'S implementation of the SOFTWARE PRODUCT, in which case the LICENSEE
+not only voids the limited warranty, but also breaches this License Agreement
+and is also subject to other provisions of this License Agreement.
+Site Content
+The LICENSEE alone, not WebMO, bears the entire responsibility for the content
+of any internet site, even if the LICENSEE is using the SOFTWARE PRODUCT as
+part of that internet site. In no way shall WebMO be liable or responsible for
+the content of any LICENSEE'S site, including but not limited to any data
+created by users of the SOFTWARE PRODUCT.
+Title and Copyright
+The SOFTWARE PRODUCT remains the property of WebMO. The SOFTWARE PRODUCT is
+licensed, not sold. By paying LICENSE FEES, the LICENSEE is granted the right
+to use the SOFTWARE PRODUCT as described in this License Agreement, but the
+LICENSEE does not assume any rights of ownership or other rights in and to the
+SOFTWARE PRODUCT.
+The SOFTWARE PRODUCT is copyright � 2000 by WebMO, all rights reserved. The
+LICENSEE of this SOFTWARE PRODUCT gains the right to use the copyrighted
+software but does not gain ownership of the copyright or of the SOFTWARE
+PRODUCT.
+Consequences of License Violations
+Should the LICENSEE use unlicensed copies of the SOFTWARE PRODUCT without the
+expressed written consent of WebMO, the LICENSEE is in violation of this
+License Agreement. If the LICENSEE was using any portions of the SOFTWARE
+PRODUCT which ordinarily require the payment of LICENSE FEES, the LICENSEE
+agrees to pay to WebMO the LICENSE FEES necessary to license the unlicensed
+implementation according to the schedule of LICENSE FEES available at the time
+from the WebMO web site. Additionally, WebMO may require that the LICENSEE
+immediately and entirely remove any implementation of the SOFTWARE PRODUCT that
+is in breach of this License Agreement. In addition, the LICENSEE shall be
+liable for the payment to WebMO of attorney's fees, court costs, punitive
+damages, and any other legal remedy appropriate for the situation.
+Should the LICENSEE distribute, sell, or otherwise make available any portion
+of the SOFTWARE PRODUCT or any modification which is determined to be the
+SOFTWARE PRODUCT according to any other sections of this License Agreement, the
+LICENSEE shall be liable for the payment to WebMO of the equivalent cost of
+LICENSE FEES for the SOFTWARE PRODUCT or for all monies collected by the
+LICENSEE in violation of this License Agreement, whichever is more. In
+addition, the LICENSEE shall be liable for the payment to WebMO of attorney's
+fees, court costs, punitive damages, and any other legal remedy appropriate for
+the situation.
+Termination
+WebMO may, at any time, terminate the License Agreement if WebMO determines
+that the License Agreement has been breached. If the termination of License
+Agreement occurs as a result of a violation by the LICENSEE or another person,
+the LICENSEE must immediately remove all files from his or her implementation
+of the SOFTWARE PRODUCT and all links to the same.
+In no case shall WebMO be responsible for paying to the LICENSEE or anyone else
+any amount of money, even if the termination of the license diminishes or
+eliminates revenue raised by the implementation of the SOFTWARE PRODUCT. In no
+case shall WebMO be responsible for refunding any LICENSE FEES, regardless of
+the reason for termination of this License Agreement, except as provided in the
+limited warranty section of this License Agreement.
+Transfer of License
+The LICENSEE is not permitted to transfer a License to any other individual or
+institution without the expressed written consent of WebMO.
+Without prior written consent of WebMO, the LICENSEE may not act as a reseller
+who sells or otherwise distributes Licenses for the SOFTWARE PRODUCT. Under
+this License Agreement, WebMO reserves the right to develop a separate
+agreement applying to such reselling activities, and such an agreement, if
+entered into by WebMO and the LICENSEE, would supercede this License Agreement
+as defined in the separate agreement.
+Jurisdiction
+This License Agreement is governed by the laws of the State of Michigan. Both
+the LICENSEE and WebMO submit to the jurisdiction of the courts of the State of
+Michigan. Both the LICENSEE and WebMO agree to commence any litigation that may
+arise hereunder in the courts located in the Judicial District of Ottawa County
+in the State of Michigan.