END USER LICENSE AGREEMENT
THIS LICENSE IS THE LEGAL AGREEMENT
(“AGREEMENT”) BETWEEN YOU, THE CUSTOMER
WHO HAS ACQUIRED THE SOFTWARE (“YOU”) AND
CROSSLOOP, INC. (“CROSSLOOP” OR “WE” OR “US”).
PLEASE READ THIS AGREEMENT CAREFULLY.
CROSSLOOP IS ONLY WILLING TO PROVIDE THE
SOFTWARE TO YOU ON THE CONDITION THAT YOU
ACCEPT ALL OF THE TERMS CONTAINED IN THIS
AGREEMENT. YOU ACCEPT THIS AGREEMENT BY
INSTALLING OR USING THE SOFTWARE. AS USED
HEREIN, “SOFTWARE” MEANS THE ACCOMPANYING
CROSSLOOP-PROPRIETARY SOFTWARE AND ITS
ACCOMPANYING DOCUMENTATION, BUT
SPECIFICALLY EXCLUDING ANY THIRD PARTY
SOFTWARE PROVIDED TOGETHER WITH SUCH
CROSSLOOP-PROPRIETARY SOFTWARE.
IF YOU ARE UNWILLING TO ACCEPT THIS
AGREEMENT, DO NOT USE THE SOFTWARE. IF YOU
DID NOT ACQUIRE THE SOFTWARE FROM
CROSSLOOP, THEN YOU MAY NOT ENTER INTO THIS
AGREEMENT OR USE THE SOFTWARE. NO OTHER
PARTY HAS THE RIGHT TO TRANSFER A COPY OF THE
SOFTWARE TO YOU.
1. OWNERSHIP. The Software is licensed, and it is not sold, even
if for convenience we make reference to words such as “sale” or
“purchase” in this Agreement. The Software is protected by
copyrights and other intellectual property rights. You agree that all
worldwide copyright and other intellectual property rights in the
Software and all copies of the Software, however made, are the
exclusive property of CrossLoop and its suppliers. All rights in and
to the Software not expressly granted to you in this Agreement are
reserved by CrossLoop and its suppliers. There are no implied
licenses under this Agreement.
2. LICENSES
2.1. License. Subject to the terms and conditions of this
Agreement, CrossLoop grants you a limited, non-exclusive,
revocable, non-transferable license to download, install and execute
one copy of the Software, in object code format only, on one or
more computers in your possession, solely for your own internal
use for the purpose of your access and use of the CrossLoop
Services. As used herein, “CrossLoop Services” means the
proprietary screen-sharing utility service that CrossLoop makes
available to third parties utilizing the CrossLoop Software.
2.2. Upgrades. The licenses granted under this Agreement
cover any future maintenance releases, upgrades or other releases
of the Software that you may acquire from CrossLoop, unless any
such release is subject to a separate license agreement
accompanying the release. The provision of upgrades or other new
versions or releases does not expand your license rights under this
Agreement. If you acquired the accompanying copy of the
Software as an “upgrade” or “update” to a previously-installed
release, then you may only use the upgrade or update if you have a
valid license to that previously-installed release. Your rights to the
previously-installed release terminate once you install the
applicable upgrade.
2.3. Restrictions on Use. You may not do (or permit
others to do) any of the following: (a) modify, adapt, alter,
translate, or create derivative works of the Software; (b) merge or
otherwise integrate the Software with external components or other
software except as described in CrossLoop’s documentation or as
approved in writing by CrossLoop; (c) sublicense, lease, rent, loan,
assign or otherwise transfer the Software to any third party, or make
the Software available for use or download by any third party,
including through any web site; (d) reverse engineer, decompile or
disassemble the Software, or attempt to derive the source code of
the Software except and only to the limited extent that such
activities are expressly permitted by applicable law notwithstanding
this limitation; (e) remove, alter, or obscure any confidentiality or
proprietary notices (including copyright and trademark notices) of
CrossLoop or its suppliers on, in or displayed by the Software; (f)
allow third parties to access or use the Software such as in a time-
sharing arrangement or operate the Software as part of a service
bureau or otherwise for the use or benefit of third parties; (g)
reproduce or use the Software except as expressly authorized under
Section 2; or (h) circumvent, or provide or use a program intended
to circumvent, technological measures (such as activation codes)
provided by CrossLoop to control installation and use of the
Software. Technical information provided to you under this
Agreement, including APIs, is confidential and proprietary to
CrossLoop and may not be disclosed by you to third parties without
CrossLoop’s express permission.
3. SERVICES. There are no services provided under this
Agreement. You are responsible for installing the Software on your
computers as permitted under this Agreement. Support,
maintenance and other services must be purchased separately.
4. FEES. The fees for the Software, if any are charged to you by
CrossLoop, are non-refundable and non-cancelable except as
expressly provided in this Agreement and do not include shipping,
sales or use tax, withholding tax, excise tax, VAT or customs
duties, all of which you are responsible for paying above and
beyond the license fees due to CrossLoop.
5. DISCLAIMER OF WARRANTY. THE SOFTWARE,
CROSSLOOP SERVICES, THIRD PARTY SOFTWARE AND
ALL OTHER MATERIALS ARE PROVIDED “AS-IS”.
CROSSLOOP AND ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES, WHETHER EXPRESS, IMPLIED, OR
STATUTORY, REGARDING THE SOFTWARE, CROSSLOOP
SERVICES, THIRD PARTY SOFTWARE OR ANY OTHER
MATERIALS OR SERVICES PROVIDED BY CROSSLOOP,
INCLUDING ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-
INFRINGEMENT OF THIRD-PARTY RIGHTS. YOU
ACKNOWLEDGE THAT YOU HAVE RELIED ON NO
WARRANTIES OTHER THAN THE EXPRESS WARRANTIES
IN THIS AGREEMENT AND THAT NO WARRANTIES ARE
MADE BY ANY OF CROSSLOOP’S SUPPLIERS. SOME
STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL
RIGHTS, WHICH VARY FROM STATE TO STATE.
6. LIMITATION ON LIABILITY. IN NO EVENT WILL
CROSSLOOP BE LIABLE FOR ANY CONSEQUENTIAL,
INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR
INCIDENTAL DAMAGES, OR FOR ANY LOST DATA OR
LOST PROFITS, ARISING FROM OR RELATING TO THIS
AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE
SOFTWARE EVEN IF CROSSLOOP HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. CROSSLOOP’S
TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH
THIS AGREEMENT AND THE SOFTWARE, WHETHER IN
CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, WILL NOT EXCEED THE GREATER OF FIFTY
DOLLARS ($50.00) OR THE AMOUNT OF LICENSE FEES
THAT YOU PAID TO USE THE SOFTWARE UNDER THIS
AGREEMENT (NOT INCLUDING FEES FOR SERVICES OR
PRODUCTS OTHER THAN THE SOFTWARE). THE
EXISTENCE OF MULTIPLE CLAIMS WILL NOT EXPAND
THIS LIMIT. YOU ACKNOWLEDGE THAT THE LICENSE
FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN
THIS AGREEMENT AND THAT CROSSLOOP WOULD NOT
ENTER INTO THIS AGREEMENT WITHOUT THESE
LIMITATIONS ON ITS LIABILITY. SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR
EXCLUSIONS OF THIS SECTION 6 MAY NOT APPLY TO
YOU.
7. TERMINATION. This Agreement will remain in effect until
terminated as provided herein. If the license granted to you under
Section 2.1 is for a limited term (as indicated on the product
documentation provided to you by CrossLoop, or on the screens
displayed by the Software when it is initially installed), then this
Agreement and your license rights hereunder terminate upon
expiration of that term. You may also terminate this Agreement at
any time and for any reason by giving written notice to CrossLoop.
CrossLoop may terminate this Agreement, (a) effective
immediately upon written notice to you if you breach any provision
of this Agreement and fail to cure such breach within five (5) days
after we provide you with notice of such breach, (b) effective
immediately upon written notice to you in the event the CrossLoop
Services, CrossLoop Software and/or the use of either of the
foregoing become, or in CrossLoop’s opinion are likely to become
the subject of any infringement claim or action, or (c) upon thirty
days’ advance written notice to you, to be given at any time and for
any reason. Upon expiration or termination of this Agreement, you
must erase or otherwise destroy all copies of the Software and your
license rights under this Agreement will immediately end. Sections
1, 2.3, 5, 6, 7, and 9 will survive expiration or termination of this
Agreement for any reason.
8. THIRD PARTY SOFTWARE PROGRAMS. CrossLoop may
provide to you together with the Software certain open source and
other programs (“Third Party Programs”) licensed by third party
developers (“Third Party Developers”). Certain Third Party
Programs are subject to additional third-party license terms as
specified by their respective Third Party Developers, and these
terms are included in Appendix 1 to this Agreement and may also
be included in the documentation provided with the Software. By
using the Software, you agree to comply with these additional third-
party terms for the benefit of the applicable Third Party Developer.
CROSSLOOP PROVIDES THIRD PARTY PROGRAMS TO
YOU “AS IS” WITHOUT WARRANTY OF ANY KIND.
9. GENERAL
9.1. No Trademark License. No rights to use
CrossLoop’s logos or other trademarks are granted under this
Agreement.
9.2. Choice of Law; Venue. This Agreement will be
governed by the laws of the State of California without giving
effect to any choice of law principles that would require the
application of the laws of a different country or state. The parties
expressly acknowledge and agree that the United Nations
Convention on Contracts for the International Sale of Goods and
the Uniform Computer Information Transactions Act (USA) do not
apply to this Agreement. Any legal action between you and
CrossLoop arising out of this Agreement or your use of the
Software may be instituted in the federal or state courts located in
Santa Clara County, California, and you consent to jurisdiction and
venue in such courts.
9.3. Compliance with Laws. Regardless of any disclosure
made to CrossLoop of an ultimate destination of the Software and
accompanying technical documentation, you acknowledge that all
such materials are being released or transferred to you in the United
States and may be subject to U.S. export control laws and
regulations including regulations of the U.S. Bureau of Industry and
Security. You will comply with all applicable export and import
control laws and regulations in your use of the Software and, in
particular, you will not export or re-export the Software without all
required government licenses. You will defend, indemnify, and
hold harmless CrossLoop and its suppliers from and against any
violation of such laws or regulations by you.
9.4. Relationship between the Parties. The parties are
independent contractors. Neither party is the agent, partner,
employee, fiduciary or joint venturer of the other party under this
Agreement. You may not act for, bind, or otherwise create or
assume any obligation on behalf of CrossLoop.
9.5. Assignments. You may not assign or transfer, by
operation of law or otherwise, any of your rights under this
Agreement (including your licenses with respect to the Software) to
any third party without CrossLoop’s prior written consent. Any
attempted assignment or transfer in violation of the foregoing will
be void. CrossLoop may freely assign its rights or delegate its
obligations under this Agreement.
9.6. Language. This Agreement is in the English language
and its English language version will be controlling over any other
translation, except as otherwise required by applicable law.
9.7. Remedies. Except as otherwise provided herein, the
parties’ rights and remedies under this Agreement are cumulative.
You acknowledge that the Software contains valuable trade secrets
and proprietary information of CrossLoop and its suppliers, that
any actual or threatened breach of this Agreement by you will
constitute immediate, irreparable harm for which monetary
damages would be an inadequate remedy, and that injunctive relief
is an appropriate remedy for such breach. If any legal action is
brought to enforce this Agreement, the prevailing party will be
entitled to receive its attorneys’ fees, court costs, and other
collection expenses, in addition to any other relief it may receive.
9.8. Waivers. All waivers must be in writing. Any waiver
or failure to enforce any provision of this Agreement on one
occasion will not be deemed a waiver of any other provision or of
such provision on any other occasion.
9.9. Severability. If any provision of this Agreement is
held unenforceable by a court, such provision may be changed and
interpreted by the court to accomplish the objectives of such
provision to the greatest extent possible under applicable law and
the remaining provisions will continue in full force and effect.
Without limiting the generality of the foregoing, you agree that
Section 6 will remain in effect notwithstanding the unenforceability
of any other provision of this Agreement.
9.10. U.S. Government Rights. If you are a branch or
agency of the U.S. Government, then you acknowledge that the
Software is a “commercial item” as that term is defined at 48
C.F.R. 2.101, consisting of “commercial computer software” and
“commercial computer software documentation” as such terms are
used in 48 C.F.R. 12.212. Any technical data provided with such
Software is commercial technical data as defined in 48 C.F.R.
12.211. Consistent with 48 C.F.R. 12.211 through 12.212 and 48
C.F.R. 227.7202-1 through 227.7202-4, and 48 C.F.R. 252.227-
7015, all U.S. Government end users acquire the Software with
only those rights set forth in this Agreement.
9.11. Entire Agreement. This Agreement constitutes the
final and entire agreement between the parties regarding the subject
of this Agreement and supersedes all prior or contemporaneous
agreements, understandings, and communication, whether written
or oral. This Agreement may be amended only by a written
document signed by both parties. The terms of any purchase order
or similar document submitted by you to CrossLoop will have no
effect.
Appendix 1
Third Party Software License Terms
The download from CrossLoop.com web service includes
unmodified executable programs (VNCVIEWER.EXE and
WINVNC.EXE) from TightVNC.
VNC (Virtual Network Computing) software makes it
possible to view and fully-interact with one computer from
any other computer or mobile device anywhere on the Internet.
CrossLoop.com makes it possible for VNC to operate when
either or both of the computers are situated behind restrictive
firewalls.
VNC is available for general use under the conditions of the
GNU General Public License. You should be aware of the
terms and conditions of this license, which is also contained in
the distribution itself.
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc. 59
Temple Place, Suite 330 , Boston , MA 02111-1307 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your
freedom to share and change it. By contrast, the GNU General
Public License is intended to guarantee your freedom to share
and change free software--to make sure the software is free for
all its users. This General Public License applies to most of
the Free Software Foundation's software and to any other
program whose authors commit to using it. (Some other Free
Software Foundation software is covered by the GNU Library
General Public License instead.) You can apply it to your
programs, too.
When we speak of free software, we are referring to freedom,
not price. Our General Public Licenses are designed to make
sure that you have the freedom to distribute copies of free
software (and charge for this service if you wish), that you
receive source code or can get it if you want it, that you can
change the software or use pieces of it in new free programs;
and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid
anyone to deny you these rights or to ask you to surrender the
rights.These restrictions translate to certain responsibilities for
you if you distribute copies of the software, or if you modify
it.
For example, if you distribute copies of such a program,
whether gratis or for a fee, you must give the recipients all the
rights that you have. You must make sure that they, too,
receive or can get the source code. And you must show them
these terms so they know their rights.
We protect your rights with two steps: (1) copyright the
software, and (2) offer you this license which gives you legal
permission to copy, distribute and/or modify the software.
Also, for each author's protection and ours, we want to make
certain that everyone understands that there is no warranty for
this free software. If the software is modified by someone else
and passed on, we want its recipients to know that what they
have is not the original, so that any problems introduced by
others will not reflect on the original authors' reputations.
Finally, any free program is threatened constantly by software
patents. We wish to avoid the danger that redistributors of a
free program will individually obtain patent licenses, in effect
making the program proprietary. To prevent this, we have
made it clear that any patent must be licensed for everyone's
free use or not licensed at all.
The precise terms and conditions for copying, distribution and
modification follow.
GNU GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING,
DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which
contains a notice placed by the copyright holder saying it may
be distributed under the terms of this General Public License.
The "Program", below, refers to any such program or work,
and a "work based on the Program" means either the Program
or any derivative work under copyright law: that is to say, a
work containing the Program or a portion of it, either verbatim
or with modifications and/or translated into another language.
(Hereinafter, translation is included without limitation in the
term "modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification
are not covered by this License; they are outside its scope. The
act of running the Program is not restricted, and the output
from the Program is covered only if its contents constitute a
work based on the Program (independent of having been made
by running the Program). Whether that is true depends on
what the Program does.
1. You may copy and distribute verbatim copies of the
Program's source code as you receive it, in any medium,
provided that you conspicuously and appropriately publish on
each copy an appropriate copyright notice and disclaimer of
warranty; keep intact all the notices that refer to this License
and to the absence of any warranty; and give any other
recipients of the Program a copy of this License along with the
Program.
You may charge a fee for the physical act of transferring a
copy, and you may at your option offer warranty protection in
exchange for a fee.
2. You may modify your copy or copies of the Program or any
portion of it, thus forming a work based on the Program, and
copy and distribute such modifications or work under the
terms of Section 1 above, provided that you also meet all of
these conditions:
a) You must cause the modified files to carry prominent
notices stating that you changed the files and the date of any
change.
b) You must cause any work that you distribute or publish,
that in whole or in part contains or is derived from the
Program or any part thereof, to be licensed as a whole at no
charge to all third parties under the terms of this License.
c) If the modified program normally reads commands
interactively when run, you must cause it, when started
running for such interactive use in the most ordinary way, to
print or display an announcement including an appropriate
copyright notice and a notice that there is no warranty (or else,
saying that you provide a warranty) and that users may
redistribute the program under these conditions, and telling the
user how to view a copy of this License. (Exception: if the
Program itself is interactive but does not normally print such
an announcement, your work based on the Program is not
required to print an announcement.)
These requirements apply to the modified work as a whole. If
identifiable sections of that work are not derived from the
Program, and can be reasonably considered independent and
separate works in themselves, then this License, and its terms,
do not apply to those sections when you distribute them as
separate works. But when you distribute the same sections as
part of a whole which is a work based on the Program, the
distribution of the whole must be on the terms of this License,
whose permissions for other licensees extend to the entire
whole, and thus to each and every part regardless of who
wrote it.
Thus, it is not the intent of this section to claim rights or
contest your rights to work written entirely by you; rather, the
intent is to exercise the right to control the distribution of
derivative or collective works based on the Program.
In addition, mere aggregation of another work not based on
the Program with the Program (or with a work based on the
Program) on a volume of a storage or distribution medium
does not bring the other work under the scope of this License.
3. You may copy and distribute the Program (or a work based
on it, under Section 2) in object code or executable form under
the terms of Sections 1 and 2 above provided that you also do
one of the following:
a) Accompany it with the complete corresponding machine-
readable source code, which must be distributed under the
terms of Sections 1 and 2 above on a medium customarily
used for software interchange; or,
b) Accompany it with a written offer, valid for at least three
years, to give any third party, for a charge no more than your
cost of physically performing source distribution, a complete
machine-readable copy of the corresponding source code, to
be distributed under the terms of Sections 1 and 2 above on a
medium customarily used for software interchange; or,
c) Accompany it with the information you received as to the
offer to distribute corresponding source code. (This alternative
is allowed only for noncommercial distribution and only if you
received the program in object code or executable form with
such an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the
work for making modifications to it. For an executable work,
complete source code means all the source code for all
modules it contains, plus any associated interface definition
files, plus the scripts used to control compilation and
installation of the executable. However, as a special exception,
the source code distributed need not include anything that is
normally distributed (in either source or binary form) with the
major components (compiler, kernel, and so on) of the
operating system on which the executable runs, unless that
component itself accompanies the executable.
If distribution of executable or object code is made by offering
access to copy from a designated place, then offering
equivalent access to copy the source code from the same place
counts as distribution of the source code, even though third
parties are not compelled to copy the source along with the
object code.
4. You may not copy, modify, sublicense, or distribute the
Program except as expressly provided under this License. Any
attempt otherwise to copy, modify, sublicense or distribute the
Program is void, and will automatically terminate your rights
under this License. However, parties who have received
copies, or rights, from you under this License will not have
their licenses terminated so long as such parties remain in full
compliance.
5. You are not required to accept this License, since you have
not signed it. However, nothing else grants you permission to
modify or distribute the Program or its derivative works.
These actions are prohibited by law if you do not accept this
License. Therefore, by modifying or distributing the Program
(or any work based on the Program), you indicate your
acceptance of this License to do so, and all its terms and
conditions for copying, distributing or modifying the Program
or works based on it.
6. Each time you redistribute the Program (or any work based
on the Program), the recipient automatically receives a license
from the original licensor to copy, distribute or modify the
Program 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 by third parties to this License.
7. If, as a consequence of a court judgment or allegation of
patent infringement or for any other reason (not limited to
patent issues), conditions are imposed on you (whether by
court order, agreement or otherwise) that contradict the
conditions of this License, they do not excuse you from the
conditions of this License. If you cannot distribute so as to
satisfy simultaneously your obligations under this License and
any other pertinent obligations, then as a consequence you
may not distribute the Program at all. For example, if a patent
license would not permit royalty-free redistribution of the
Program by all those who receive copies directly or indirectly
through you, then the only way you could satisfy both it and
this License would be to refrain entirely from distribution of
the Program.
If any portion of this section is held invalid or unenforceable
under any particular circumstance, the balance of the section is
intended to apply and the section as a whole is intended to
apply in other circumstances.
It is not the purpose of this section to induce you to infringe
any patents or other property right claims or to contest validity
of any such claims; this section has the sole purpose of
protecting the integrity of the free software distribution
system, which is implemented by public license practices.
Many people have made generous contributions to the wide
range of software distributed through that system in reliance
on consistent application of that system; it is up to the
author/donor to decide if he or she is willing to distribute
software through any other system and a licensee cannot
impose that choice.
This section is intended to make thoroughly clear what is
believed to be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in
certain countries either by patents or by copyrighted interfaces,
the original copyright holder who places the Program under
this License may add an explicit geographical distribution
limitation excluding those countries, so that distribution is
permitted only in or among countries not thus excluded. In
such case, this License incorporates the limitation as if written
in the body of this License.
9. The Free Software Foundation may publish revised and/or
new versions of the General Public License from time to time.
Such new versions will be similar in spirit to the present
version, but may differ in detail to address new problems or
concerns.
Each version is given a distinguishing version number. If the
Program specifies a version number of this License which
applies to it and "any later version", you have the option of
following the terms and conditions either of that version or of
any later version published by the Free Software Foundation.
If the Program does not specify a version number of this
License, you may choose any version ever published by the
Free Software Foundation.
10. If you wish to incorporate parts of the Program into other
free programs whose distribution conditions are different,
write to the author to ask for permission. For software which
is copyrighted by the Free Software Foundation, write to the
Free Software Foundation; we sometimes make exceptions for
this. Our decision will be guided by the two goals of
preserving the free status of all derivatives of our free software
and of promoting the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF
CHARGE, THERE IS NO WARRANTY FOR THE
PROGRAM, TO THE EXTENT PERMITTED BY
APPLICABLE LAW. EXCEPT WHEN OTHERWISE
STATED IN WRITING THE COPYRIGHT HOLDERS
AND/OR OTHER PARTIES PROVIDE THE PROGRAM
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE PROGRAM IS
WITH YOU. SHOULD THE PROGRAM PROVE
DEFECTIVE, YOU ASSUME THE COST OF ALL
NECESSARY SERVICING,REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE
LAW OR AGREED TO IN WRITING WILL ANY
COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO
MAY MODIFY AND/OR REDISTRIBUTE THE
PROGRAM AS PERMITTED ABOVE, BE LIABLE TO
YOU FOR DAMAGES, INCLUDING ANY GENERAL,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OR INABILITY
TO USE THE PROGRAM (INCLUDING BUT NOT
LIMITED TO LOSS OF DATA OR DATA BEING
RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE
PROGRAM TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
END OF TERMS AND CONDITIONS
HOW TO APPLY THESE TERMS TO YOUR NEW
PROGRAMS
If you develop a new program, and you want it to be of the
greatest possible use to the public, the best way to achieve this
is to make it free software which everyone can redistribute and
change under these terms.
To do so, attach the following notices to the program. It is
safest to attach them to the start of each source file to most
effectively convey the exclusion of warranty; and each file
should have at least the "copyright" line and a pointer to where
the full notice is found.
Copyright (C)
This program is free software; you can redistribute it and/or
modify it under the terms of the GNU General Public License
as published by the Free Software Foundation; either version 2
of the License, or (at your option) any later version.
This program 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 General Public
License for more details.
You should have received a copy of the GNU General Public
License along with this program; if not, write to the Free
Software Foundation, Inc., 59 Temple Place, Suite 330 ,
Boston , MA 02111-1307 USA
Also add information on how to contact you by electronic and
paper mail.
If the program is interactive, make it output a short notice like
this when it starts in an interactive mode:
Gnomovision version 69, Copyright (C) year name of author
Gnomovision comes with ABSOLUTELY NO WARRANTY;
for details type `show w'. This is free software, and you are
welcome to redistribute it under certain conditions; type `show
c' for details.
The hypothetical commands `show w' and `show c' should
show the appropriate parts of the General Public License. Of
course, the commands you use may be called something other
than `show w' and `show c'; they could even be mouse-clicks
or menu items--whatever suits your program.
You should also get your employer (if you work as a
programmer) or your school, if any, to sign a "copyright
disclaimer" for the program, if necessary. Here is a sample;
alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the
program `Gnomovision' (which makes passes at compilers)
written by James Hacker.
, 1 April 1989
Ty Coon, President of Vice
This General Public License does not permit incorporating
your program into proprietary programs. If your program is a
subroutine library, you may consider it more useful to permit
linking proprietary applications with the library. If this is what
you want to do, use the GNU Library GeneralPublic License
instead of this License.
