+++ /dev/null
-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.
projects / gentoo.git / commitdiff