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Hitec Software License Agreement

Software License Agreement

Software License Agreement

Last Updated: 10/17/2011

IMPORTANT – PLEASE READ CAREFULLY THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”).  BY USING THE LICENSED SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THE LICENSED SOFTWARE AND SHOULD RETURN THE UNUSED LICENSED SOFTWARE, TOGETHER WITH ALL OF THE MATERIALS IN THE PACKAGE, TO YOUR POINT OF PURCHASE.

1. Agreement. This Agreement is a binding legal agreement between you and Striiv, Inc. (“Striiv”) for the “Licensed Software”, which consists of computer software, firmware, associated media and content, and all documentation installed on the electronic device provided by Striiv (“Hardware”).  Notwithstanding the foregoing, certain items of third-party code may be included with the Licensed Software that are subject to open source  licenses (“Open Source Software”).  Such Open Source Software is not “Licensed Software” and is instead licensed under the terms of the license applicable to such Open Source Software (“Open Source License”), copies of which are reproduced in Appendix A.  Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable Open Source License.  By accepting this Agreement, you are also agreeing to comply with the terms and conditions of such Open Source Licenses.  By using the Licensed Software you agree to be bound by the terms of this Agreement.  If you do not agree to the terms and conditions of this Agreement, do not use the Licensed Software.

2. License. Subject to the terms and conditions of this Agreement, Striiv grants to you a nontransferable, nonexclusive, royalty-free, fully paid, revocable, worldwide license (without the right to sublicense) to use, execute and display the Licensed Software, in executable object code format only, solely in accordance with its documentation and solely as necessary to operate the Hardware for your own personal use.

3. Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Licensed Software or make the Licensed Software available to any third party, provided, however, that you may transfer your copy of the Licensed Software solely with and as incorporated into the Hardware; (b) except as permitted by applicable law, you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Licensed Software or Hardware; (c) you shall not access the Licensed Software in order to build a similar or competitive product or service; (d) except as expressly stated in Section 2 above, no part of the Licensed Software may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means; (e) you shall not extract the Licensed Software from the Hardware; and (f) you shall not use the Licensed Software in any manner other than as expressly permitted in this Agreement.  Any future release, update, or other addition to functionality of the Licensed Software that is provided by or on behalf of Striiv to you shall be subject to the terms of this Agreement, unless Striiv expressly states otherwise.  Neither Striiv nor any of its suppliers is obligated to provide any services, updates or upgrades to the Licensed Software, or any maintenance or support for the Licensed Software.  You shall preserve all copyright and other proprietary rights notices in the Licensed Software and all copies thereof.

4. Services. The Licensed Software may be designed for use in conjunction with certain services provided by Striiv (“Services”).  Your access to and use of such Services are governed by the terms of the applicable Striiv Terms of Service.

5. Ownership. All right, title, and interest, including all intellectual property rights, in and to the Licensed Software (including any and all copies thereof) shall be owned and retained by Striiv or its suppliers.  Any rights not expressly granted by Striiv in the Agreement are reserved, and there are no implied licenses granted under this Agreement.  You acknowledge that you acquire no ownership interest in the Licensed Software.

6. Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, STRIIV PROVIDES THE LICENSED SOFTWARE “AS-IS” AND Striiv AND ITS SUPPLIERS disclaim all express, implied or statutory warranties relating to the Licensed Software, including but not limited to ALL WARRANTIES REGARDING merchantability, fitness for a particular purpose, TITLE, and non-infringement.  Striiv does not warrant that use of the Licensed Software will be uninterrupted or error-free, that defects will be corrected, or that the Licensed Software is free of viruses or other harmful components.

7. Limitation of Remedies and Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER  Striiv NOR ITS SUPPLIERS shall be responsible or liable with respect to any subject matter of this Agreement or terms or conditions related thereto under any contract, negligence, strict liability or other theory (a) for loss or inaccuracy of data or cost of procurement of substitute goods, services or technology, or (b) for any SPECIAL, indirect, incidental or consequential damages, including, but not limited to loss of revenues and loss of profits.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, Striiv’s aggregate cumulative liability hereunder shall NOT exceed the amount paid by you for the HaRDWARE that caused such damage.

8. Application of Limitations and Disclaimers to Consumers. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATION OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

9. Basis of Bargain. The warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of the agreement between Striiv and you.  Striiv would not be able to provide the Licensed Software on an economical basis without such limitations.

10. Term and Termination. This Agreement and the licenses granted hereunder are effective on the date you first use the Licensed Software and shall continue unless and until this Agreement is terminated by either party pursuant to this section.  This Agreement will automatically terminate in the event that you materially breach any of the terms hereof.  You may terminate this Agreement at any time, with or without cause.  You may terminate this Agreement by sending either an email to customercare@striiv.com with your name and the subject “TERMINATION OF LICENSE” or a letter by United States mail to: Striiv, Inc., 541 Jefferson Ave, Suite 204, Redwood City, CA 94063 USA or to such other address as Striiv may specify in writing by posting the new address on the Striiv website.  Upon termination, the license granted hereunder shall terminate and you shall immediately cease all further use of the Licensed Software, but Sections 3 through 10 and 12 through 14 will remain in effect.

11. Modifications. Striiv reserves the right to change the terms and conditions of this Agreement or its policies relating to the Licensed Software at any time.  We will notify you of any material changes to this Agreement by prominently posting notice of the changes on the Services.  Any material changes to this Agreement will be effective upon thirty (30) calendar days following our posting of notice of the changes on the Services.  These changes will be effective immediately for new users of our Licensed Software.  If you do not agree with the changes to this Agreement, you must notify us prior to the effective date of the changes that you wish to terminate your license to the Licensed Software.  Continued use of the Licensed Software, following notice of such changes, shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

12. Compliance with Laws. You agree to comply with all applicable laws and regulations regarding your use of the Licensed Software.  The Licensed Software and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries.  You agree not to export, reexport, or transfer, directly or indirectly, the Licensed Software, any U.S. technical data acquired from Striiv, or any products utilizing such data, in violation of the United States export laws or regulations.  You will indemnify and hold Striiv harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by you of your obligations under this section.

13. U.S. Government End Users. If you are entering into this Agreement on behalf of a branch or agency of the United States Government, the following provision applies.  The Licensed Software is comprised of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 and is provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3.

14. Miscellaneous. Neither the rights nor the obligations arising under this Agreement are assignable by you, except in connection with the sale of the Hardware on which the Licensed Software is installed. Any attempted assignment or transfer in violation of the foregoing shall be void and without effect.  This Agreement shall be governed by and construed in accordance with the laws of the State of California and the United States without regard to the conflict of laws provisions therein that would require application of the laws of another jurisdiction.  Any action under or relating to this Agreement shall be brought solely in the state and federal courts located in California with sole venue in the courts located in Santa Clara County and each party hereby submits to the personal jurisdiction of such courts, except that Striiv may seek relief in any court of competent jurisdiction to protect or enforce its intellectual property and proprietary rights.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.  In the event that any provision of this Agreement is found to be contrary to law, then such provision shall be construed as nearly as possible to reflect the intention of the parties, with the other provisions remaining in full force and effect.  Any notice to you may be provided by email.  This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and any and all written or oral agreements previously existing between the parties are expressly superseded and are of no effect.  Except as otherwise expressly provided in this Agreement, any modifications of this Agreement must be in writing and agreed to by both parties.

QUESTIONS OR ADDITIONAL INFORMATION.  If you have questions regarding this Agreement, or wish to obtain additional information, please send an e-mail to customercare@striiv.com.

Appendix A

Third Party Notices

The Licensed Software includes third party software which requires the inclusion of the following notices:

FastLZ – lightning-fast lossless compression library
Copyright (C) 2007 Ariya Hidayat (ariya@kde.org)|
Copyright (C) 2006 Ariya Hidayat (ariya@kde.org)
Copyright (C) 2005 Ariya Hidayat (ariya@kde.org)

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Google-glog
Copyright (c) 2008, Google Inc.
All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  • Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  • Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  • Neither the name of Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

A function gettimeofday in utilities.cc is based on http://www.google.com/codesearch/p?hl=en#dR3YEbitojA/COPYING&q=GetSystemTimeAsFileTime%20license:bsd

The license of this code is:
Copyright (c) 2003-2008, Jouni Malinen <j@w1.fi> and contributors
All Rights Reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  • Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  • Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  • Neither the name(s) of the above-listed copyright holder(s) nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

URW Gothic L in Book, Demi, BookOblique, and DemiOblique

Copyright 1999 by (URW)++ Design & Development

URW Gothic L in Book, Demi, BookOblique, and DemiOblique are licensed under the terms of the GNU General Public License version 2 as published by the Free Software Foundation.

URW Gothic L in Book, Demi, BookOblique, and DemiOblique are distributed WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License (below) for more details:

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.

Reachability
Copyright (C) 2010 Apple Inc. All Rights Reserved.
Abstract: Basic demonstration of how to use the SystemConfiguration Reachablity APIs.

Version: 2.2
Disclaimer: IMPORTANT: This Apple software is supplied to you by Apple Inc. (“Apple”) in consideration of your agreement to the following terms, and your use, installation, modification or redistribution of this Apple software constitutes acceptance of these terms. If you do not agree with these terms, please do not use, install, modify or redistribute this Apple software.

In consideration of your agreement to abide by the following terms, and subject to these terms, Apple grants you a personal, non-exclusive license, under Apple’s copyrights in this original Apple software (the “Apple Software”), to use, reproduce, modify and redistribute the Apple Software, with or without modifications, in source and/or binary forms; provided that if you
redistribute the Apple Software in its entirety and without modifications, you must retain this notice and the following text and disclaimers in all such redistributions of the Apple Software.

Neither the name, trademarks, service marks or logos of Apple Inc. may be used to endorse or promote products derived from the Apple Software without specific prior written permission from Apple. Except as expressly stated in this notice, no other rights or licenses, express or implied, are granted by Apple herein, including but not limited to any patent rights that may be infringed by your derivative works or by other works in which the Apple Software may be incorporated.

The Apple Software is provided by Apple on an “AS IS” basis. APPLE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE APPLE SOFTWARE OR ITS USE AND OPERATION ALONE OR IN COMBINATION WITH YOUR PRODUCTS. IN NO EVENT SHALL APPLE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING IN ANY WAY OUT OF THE USE, REPRODUCTION, MODIFICATION AND/OR DISTRIBUTION OF THE APPLE SOFTWARE, HOWEVER CAUSED AND WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Copyright © 2016 Striiv, Inc.

Licensed under the Apache License, Version 2.0 (the “License”);you may not use this file except in compliance with the License. You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

Except as otherwise noted, the Facebook SDK for iOS is licensed under the Apache License, Version 2.0 (http://www.apache.org/licenses/LICENSE-2.0.html).

JSONKit is dual licensed under either the terms of the BSD License, or alternatively under the terms of the Apache License, Version 2.0.
Copyright © 2011, John Engelhart.

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 ©  

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 © 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 General Public License instead of this License.

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