please look at this copyright
the software is bundled with gif software, so it would be non-free.
please check this copyright.
MIME++ Software License Agreement
THIS SOFTWARE LICENSE AGREEMENT (the "Agreement") is a legal agreement
between you (either an individual or an entity, hereafter referred to
as "Licensee") and Douglas W. Sauder ("Licensor"). By downloading
and/or using the information contained herein, you are agreeing to be
bound by the terms and conditions of this Agreement. If you do not
agree with the terms of this Agreement, you must immediately delete the
software information.
1. Definitions
1.1 Software means the software products titled MIME++, which
comprises library source code, library object code, documentation, and
example programs. Library refers specifically to the library source
code or the library object code.
1.2 Documentation means all documentation in machine readable form
provided by Licensor to Licensee via Licensee's download of the
Software.
1.3 Non-Commercial License is a license which grants to Licensee the
right to use the Library under the terms of this agreement for non-
commercial purposes only. The Non-Commercial License shall apply
unless a Commercial license has been granted by explicit arrangement
with Licensor.
1.4 Commercial License is a license which grants to Licensee the right
to use the Library under the terms of this agreement for commercial
purposes. A Commercial License may be obtained only by explicit
arrangement with Licensor, usually accompanied by payment of a license
fee to Licensor.
2. Grant of Commercial License. Subject to explicit arrangement
between Licensor and Licensee, including payment of a license fee,
Licensor grants the Licensee and the Licensee accepts the following
non-exclusive, non-transferable license:
2.1 Licensee may authorize one programmer to use the Library to
develop one or more application programs for a single operating system.
To "use the Library" means to statically link or dynamically link to
the library object code.
2.2 Licensee may modify the library source code as necessary to
conform to the requirements of the Licensee in creating application
programs. Any and all such modifications remain the property of the
Licensor and remain subject to the terms of this agreement. Modified
code becomes the sole responsibility of the Licensee and shall be
excluded from any and all warranties.
2.3 Licensee may distribute application programs that incorporate the
library object code. Licensee may distribute dynamic link libraries
(*.DLL) or shared objects (*.so) that incorporate library object code
with the application program if the dynamic link libraries or shared
objects are necessary for the application programs to run. Such
dynamic link libraries or shared objects remain the property of
Licensor. Licensee must clearly indicate to recipients of the
application that the dynamic link libraries or shared object are
copyrighted and owned by Licensor.
2.4 Licensee may make one copy of the documentation in printed form.
2.5 Licensee may not use the Software to create a library-type
product, or any product that may be competitive with or used in lieu of
the Software without the express written consent of the Licensor.
2.6 Licensee, when making copies of the Software, including the
documentation, shall reproduce any and all copyright notices, trademark
notices, and similar notices onto the copies.
2.7 Licensee agrees not to rent, lease or otherwise assign any
interest in or to the Software, or the right to use the Software, to
any other person or entity without the express written consent of
Licensor.
3. Grant of Non-Commercial License. By implicit agreement between
Licensor and Licensee, Licensor grants the Licensee and the Licensee
accepts the following non-exclusive, non-transferable license:
3.1 Licensee may use the Software to develop free application programs
under the terms of a Commercial License with the following additional
restrictions:
Licensee may not use the library to develop a product or service for
commercial purposes without the express written consent of the
Licensor. The following explicit restrictions apply:
(a) All application programs developed by Licensee using the Software
must, if they are distributed, be distributed as free software. (Any
distributed applications must be free.)
(b) Licensee may not use the Software to develop any application
program for which one or more programmers receives remuneration. (May
not be used in any professionally developed product.)
(c) Licensee may not use the Software to develop a program, whether
free or not, that is used in a commercially offered service.
4. Ownership. By virtue of this Agreement the Licensee acquires only
the rights in Section 2 or Section3, above. All right, title and
interest in the Software shall remain with Licensor.
5. Limited Warranty. Licensor warrants that if the Software fails to
substantially conform to the specifications in the documentation or to
any other Software specifications published by Licensor, and if the
nonconformity is reported in writing by Licensee to Licensor within 90
days from the date a Commercial License is purchased, then Licensor
shall either remedy the nonconformity or offer to refund the purchase
price to Licensee. In the event of a refund, the License shall
terminate.
Except for the provision of this Limited Warranty, the Software
otherwise is provided "AS IS" AND WITHOUT WARRANTY OF ANY KIND.
6. Disclaimer of Warranties and Damages. LICENSOR MAKES NO WARRANTY,
REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS AGREEMENT.
LICENSOR DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY LICENSEE'S
REQUIREMENTS OR THAT THE SOFTWARE IS WITHOUT DEFECT OR ERROR OR THAT
THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED.
THE AGGREGATE LIABILITY OF LICENSOR ARISING FROM OR RELATING TO THIS
AGREEMENT OR THE SOFTWARE (REGARDLESS OF THE FORM OF ACTION OR CLAIM
(E.G., CONTRACT, WARRANTY, TORT, COMPUTER MALPRACTICE, FRAUD AND/OR
OTHERWISE) IS LIMITED TO THE TOTAL OF ALL PAYMENTS MADE BY OR FOR
LICENSEE TO PURCHASE THE LICENSE. LICENSOR SHALL NOT IN ANY CASE BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE
DAMAGES EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. LICENSOR IS NOT RESPONSIBLE FOR LOST PROFITS OR REVENUE, LOSS
OF USE OF THE SOFTWARE, LOSS OF DATA, COSTS OF RECREATING LOST DATA,
THE COST OF ANY SUBSTITUTE EQUIPMENT OR PROGRAM, OR CLAIMS BY ANY PARTY
OTHER THAN LICENSEE.
7. Indemnification. To the best of Licensor's knowledge, the Software
or the use thereof does not infringe any third party's rights.
Licensor shall have no responsibility whatsoever for any claims of
infringements of patents, trademarks, industrial designs, copyrights or
other property rights affecting the Licensee's use of the Software.
The foregoing state the entire liability and obligation of Licensor
with respect to infringement or claims of infringement of any patent,
copyright, trade secret or any other proprietary right.
8. Copyright Protection and Non-Disclosure. The Software (including
all text incorporated into the Software) is owned by Licensor and is
protected by the copyright laws of the United States and international
treaty provisions and all other applicable national and international
laws. Further, by virtue of this Agreement, Licensor may have access to
information that is confidential ("Confidential Information").
Confidential Information shall be limited to the Software and all
information clearly marked as confidential.
Licensee agrees, both during the term of this Agreement and for a
period of five years after termination of the Agreement and of all
licenses granted hereunder, to hold any Confidential Information in
confidence and not to make any Confidential Information available in
any form to any third party or to use any Confidential Information for
any other purpose than the implementation of this Agreement. Licensee
further agrees to abide by and enforce all copyright and related
protection available to the Software.
9. Termination. This agreement is effective until terminated.
Licensee may terminate the License at any time by destroying the
Software and related documentation and all copies thereof (including
copies on or in all types of media and computer memory and whether or
not modified or merged into other materials). If Licensee defaults in
the material performance of any provision of this Agreement, then the
License will terminate immediately and without notice. Upon
termination of the License, Licensee must destroy the Software and
related documentation and all copies thereof. Termination of this
Agreement shall not limit Licensor from pursuing any other remedies
available to it, including injunctive relief.
10. General.
10.1. Entire Agreement. This Agreement sets forth the entire
agreement and understanding of the parties relating to the subject
matter herein an merges all prior agreements, discussions and
understandings between them. No modification of or amendment to the
Agreement, nor any waiver of any rights under this Agreement, shall be
effective unless in writing signed by Licensor.
10.2 Waiver. The failure by Licensor to enforce any provision of this
Agreement or to exercise any right in respect thereto shall not be
construed as constituting a waiver of its rights thereof.
10.3 Governing law, Arbitration. This Agreement shall be governed by
and construed in accordance with the substantive laws of the State of
Florida all disputes, differences or questions between the parties to
the Agreement with respect to any matter arising out of or relating to
the Agreement shall be finally settled under the laws of the State of
Florida by arbitration to be conducted under the rules of procedure of
the American Arbitration Association, which arbitration shall be
conducted in the county in which Franchisor maintains his primary
business location. All awards may if necessary be enforced by any
court having jurisdiction in the same manner as a judgment in such
court.
10.4 Effective Date. The effective date of this Agreement shall be
the earlier of the following: (1) the date upon which the Software is
downloaded by Licensee; or (2) the date that the Software is utilized
in any form by Licensee.
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