1 The Software Preservation Society ("SPS")
2 Licence Agreement (Licence, Copyright and Terms of Use)
4 SPS technology is exclusively represented and licensed by
5 KryoFlux Products & Services Limited, 80 Allington Way, Maidstone,
6 ME16 0HN, United Kingdom
9 ATTENTION: READ CAREFULLY: By using, copying, or distributing the
10 accompanying software you indicate your acceptance of the following
11 SPS Licence Agreement ("Agreement").
16 The SPS philosophy dictates that the technology associated with capturing
17 floppy disk based software should be provided to "the community" for free
18 (free as in "free beer") to the greatest extent possible in order to
19 facilitate digital preservation efforts.
21 This licence enforces that philosophy. It protects against misuse of
22 a technology that has been a long time in development and is provided
23 to the community or anyone else who would like to use it. It also
24 intends to protect SPS itself from possible legal liability.
27 SPS technology covered by this license can be divided into two categories:
29 KRYOFLUX HIGH DEFINITION FLUX SAMPLER FOR USB: Preservation starts at
30 the ingestion level. SPS therefore has developed a combination of hard
31 and software targeted at software preservation called KryoFlux. KryoFlux
32 software may be used for private, non-commercial purposes only. KryoFlux
33 hardware schematics are provided for private, non-commercial use as well.
34 Therefore private users can decide to build a KryoFlux board on their own,
35 as long as the board is used for private purposes only and as long as such
36 boards are not being sold to others (this includes boards given away for
37 any kind of compensation). Licenses for commercial, government or academic
38 use of KryoFlux can be applied for by contacting us at the email at the
39 bottom of this license.
41 CTA SOFTWARE PRESERVATION ANALYSER: This product is the core of SPS
42 technology and is under constant development since 2001. The Analyser
43 is used by SPS internally and also available as a commercial product for
44 institutes, libraries, archives and museums. The Analyser is not free, it
45 is commercial software. This means that possession or distribution without
46 a proper licence is breach of international copyright treaties.
49 The IPF support library is covered by a separate license and is
50 specifically excluded from the terms laid out in this license, available
51 in the IPF support library distribution.
54 You may notice that this licence is very strict in pursuit of getting
55 the software into the hands of people who wish to use it for free. You
56 can not distribute it without written permission, charge to give it to
57 somebody, not even for media costs. You cannot have it on a CD ROM that is
58 distributed for payment. You cannot use it as part of providing a service
59 that receives payment in any form.
61 Any source provided (if any) is for inspection, understanding and
62 safe keeping only. This will ensure that data capture or stored with
63 SPS technology can still be accessed in the future even if there is
64 no successor or representative of SPS available.
66 Infringement of any of the terms of this licence is breaching
67 international copyright laws, but it also hurts the communities
68 benefiting from the technology by risking its future improvement
71 This licence was not produced for the fun of it, you should note that
72 only those who could possibly benefit financially are being restricted.
73 Those people should negotiate an alternative license, which helps fund
74 future development and our preservation activities.
76 If you do not agree with any of the terms in this licence for the
77 Technology then you are obviously free to choose not to use it.
79 The latest version of this licence, libraries and imaging software can be
80 found on the following sites:
82 http://www.softpres.org
84 http://www.kryoflux.com
87 It is very easy to comply with this licence: Do not sell, modify or
88 abuse the software and don't steal code from source provided. Learn,
89 understand and write your own if you need to. Feel free to ask if you
90 want to use something you can not create on your own. That's it.
91 Everything else mentioned is here for those who may not understand
95 1. CLARIFICATION. The software product and accompanying documentation
96 (the program's object code, source code and documentation, explicitly
97 excluding the file format definitions (e.g. but not limited to IPF,
98 STREAM, DRAFT) included within, are collectively referred to as the
99 "Technology") is a technology and does not imply any restrictions,
100 warranty, licence, obligation or any other link or association with
101 what it may contain (the data ingested or encapsulated by the
102 Technology is referred to as the "Content").
104 Unless otherwise noted, The Software Preservation Society ("SPS")
105 does not hold the copyright of the Content, the data being ingested,
106 reproduced, preserved, represented using the Technology. All copyright
107 of Content provided using the Technology is held by its respective
108 owners. Terms and conditions may apply to the Content that do not
109 affect whatsoever the licence agreement provided with the Technology.
114 I. LICENCE for KRYOFLUX HIGH DEFINITION FLUX SAMPLER software
116 SPS hereby grants you a non-exclusive, non-transferable licence to
117 use the Technology on the following terms and only for private,
118 non-profit purposes (see Section 3 below) unless explicitly sold by
119 SPS or its affiliates as a governmental, academic or commercial
124 a. use the Technology on any computer in your possession;
126 b. make copies of the Technology for backup purposes;
128 c. inspect ("understand") the source code (if provided).
130 SPS explicitly does not claim any ownership in the Content (the
131 data) ingested by the user with the KRYOFLUX device.
134 II. LICENCE for CTA SOFTWARE PRESERVATION ANALYSER
136 SPS hereby grants you a non-exclusive, non-transferable licence to
137 use the Technology on the following terms (see Section 3 below).
141 a. use the Technology on only one computer in your possession at
144 b. make up to three copies of the Technology for backup purposes.
146 You explicitly MUST NOT distribute CTA's licensing device or the
149 SPS explicitly does not claim any ownership in the Content (the
150 data) processed by the user with the CTA software.
153 3. LIMITATIONS ON LICENCE. The licence granted in Section 2 is subject
154 to the following restrictions:
156 a. The Technology is to be used only for non-profit purposes unless
157 you obtain prior written consent from SPS. Prohibited for-profit
158 and commercial purposes include, but are not limited to:
160 (i) Selling, licensing or renting the Technology to third parties
161 for a fee (by payment of money or otherwise, whether direct or
164 (ii) Using the Technology to provide services or products to others
165 for which you are compensated in any manner (by payment of money
166 or otherwise, whether direct or indirect), including, without
167 limitation, providing support or maintenance for the Technology;
169 (iii) Distribution or use from which any form of income is received
170 regardless of profits therefrom, or from which any revenue or
171 promotional value is received, as well as any distribution to, or
172 use in, a corporate environment. Use of the Technology to promote
173 or support a commercial venture is included in this restriction;
175 (iv) Using the Technology in a governmental and / or educational
176 institution or whole subsidiaries thereof;
178 b. Media costs associated with the distribution of the Technology may
179 not be recovered. You shall use your best efforts to promptly notify
180 SPS upon learning of any violation of the above commercial
183 c. On each copy of the Technology you must conspicuously and
184 appropriately reproduce this license, copyright notice, and
185 disclaimer of warranty; keep intact this Agreement and all notices
186 that refer to this Agreement or any absence of warranty (whether
187 written or interactively displayed); and give any other recipients
188 of the Technology a copy of this Agreement.
190 d. No distribution may include the totality or part of the
191 Technology changed, unchanged, encrypted, archived, in whatever form,
192 unless according to the Licence or special agreement with SPS.
195 4. DISTRIBUTION: As used in this Agreement, the term "distribute" (and
196 its variants) includes making the Technology available (either
197 intentionally or unintentionally) to third parties for copying or
198 use, including providing timeshare access. Each time you distribute
199 the Technology, the recipient must expressly agree to comply with
200 these terms and conditions. The recipient automatically receives
201 this licence to use, copy, or distribute the Technology subject to
202 these terms and conditions. You may not impose any further
203 restrictions on the recipients' exercise of the rights granted
204 herein. You are not responsible for enforcing compliance with this
205 Agreement by recipients.
208 5. TITLE. Title, ownership rights, and intellectual property rights in
209 and to the Technology, and each copy thereof (including all
210 copyrights therein), shall remain in SPS. The Technology is
211 protected by international copyright treaties.
214 6. NO SPS OBLIGATION. You are solely responsible for all of your
215 costs and expenses incurred in connection with the distribution of
216 the Technology, and SPS shall have no liability, obligation or
217 responsibility therefor. SPS shall have no obligation to provide
218 maintenance, support, upgrades or new releases to you or to any
219 distributee of the Technology.
222 7. NO WARRANTY. THE SOFTWARE IS LICENSED FREE OF CHARGE, AND THERE IS
223 NO WARRANTY FOR THE TECHNOLOGY. SPS PROVIDES THE TECHNOLOGY
224 "AS IS," AND SPS, AND ALL OTHER PERSONS WHO HAVE BEEN INVOLVED
225 IN THE CREATION, PRODUCTION, OR DELIVERY OF THE TECHNOLOGY, DISCLAIM
226 ALL CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED,
227 STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY
228 CONDITIONS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY
229 QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO
230 THE RESULTS, QUALITY AND PERFORMANCE OF THE TECHNOLOGY IS WITH YOU
231 AND YOUR DISTRIBUTEES. SHOULD THE TECHNOLOGY PROVE DEFECTIVE, YOU
232 AND YOUR DISTRIBUTEES (AND NOT SPS) ASSUME THE COST OF ALL
233 NECESSARY SERVICING, REPAIR OR CORRECTION. SPS MAKES NO
234 WARRANTY OF NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF
238 8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
239 THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SPS, OR ANY OTHER
240 PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR
241 DELIVERY OF THE TECHNOLOGY BE LIABLE TO YOU OR ANY OTHER PERSON FOR
242 ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
243 OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THIS AGREEMENT OR
244 THE USE OF OR INABILITY TO USE THE TECHNOLOGY, INCLUDING BUT NOT
245 LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, LOSS OF DATA, OUTPUT
246 FROM THE TECHNOLOGY OR DATA BEING RENDERED INACCURATE, FAILURE OF
247 THE TECHNOLOGY TO OPERATE WITH ANY OTHER PROGRAMS, DAMAGES FOR LOSS
248 OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION,
249 OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF
250 SPS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
253 9. INDEMNIFICATION. You and your distributees shall defend, indemnify
254 and hold harmless SPS, and all other persons who have been
255 involved in the creation, production, or delivery of the Technology,
256 from any claim, demand, liability, damage award, suit, judgement, or
257 other legal action (including reasonable attorney's fees) arising
258 out of your use, distribution, modification, or duplication of the
262 10. TERMINATION. The licence granted hereunder is effective until
263 terminated by SPS. You may terminate it at any time by
264 destroying the Technology. This licence will terminate automatically
265 if you fail to comply with the limitations described above. On
266 termination, you must destroy all copies of the Technology. The
267 termination of your licence will not result in the termination of
268 the licences of any distributees who have received rights to the
269 Technology through you so long as they are in compliance with the
270 provisions of this Agreement.
273 11. MISCELLANEOUS. This Agreement represents the complete agreement
274 concerning this licence between the parties and supersedes all
275 prior agreements and representations between them. It may not be
276 amended. If any provision of this Agreement is held to be
277 unenforceable for any reason, this Agreement shall terminate.
279 The most current version of this licence is kept on the SPS
280 web site. Due notice shall be given if ever the licence changes,
281 then all versions of the Technology will be constrained by the
284 Any term of this Agreement which is, or is deemed to be, unlawful
285 shall be ineffective only to the extent of such invalidity without
286 rendering invalid the remaining terms hereof. This Agreement shall
287 be construed and enforced with the same force and effect as if
288 entered into and performed in England and Wales and shall, in all
289 respects, be interpreted in accordance with, and governed by the
290 laws of this country.
292 Anything else not covered by this agreement must be agreed with
293 us before any action can be taken by any party.
295 Address all correspondence regarding this licence to:
297 licensing@kryoflux.com
300 Copyright and Trademark Notices:
301 --------------------------------
302 The Technology is Copyright (c) 2001-2014 SPS and István Fábián under
303 exclusive licence to KryoFlux Products & Services Limited. All rights
304 reserved. The documentation and all computer files are also Copyright
305 (c) 2001-2014 SPS and István Fábián under exclusive licence to KryoFlux
306 Products & Services Limited. All rights reserved. These rights include
307 but are not limited to any foreign language translations of the
308 documentation or the Technology, and all derivative works of both.
309 All other trademarks are the property of their respective owners.
312 SPS - The Software Preservation Society
313 http://www.softpres.org
315 KryoFlux Products & Services Limited
316 http://www.kryoflux.com
319 rev. 1.11 - 2014-02-04