📄 gif4j_light_license_agreement.txt
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Gif4J SOFTWARE LICENSE AGREEMENT
Copyright (c) 2004 Gif4J Software.
All rights reserved.
IMPORTANT-READ CAREFULLY: By downloading, installing, or using the SOFTWARE,
you indicate your acceptance of the following Software License Agreement ("SLA").
This is a legal agreement between you (the individual or corporation who
operates the SOFTWARE) and Gif4J Software.
1. DEFINITIONS
This license defines and uses the following terms:
1.1. SOFTWARE -- Gif4J LIGHT binary (Java byte) code in electronic, printed
or other form that can be distributed and/or used, accompanying documentation,
graphical materials including diagrams, block-schemes, logos, graphic art,
Gif4J LIGHT revisions, patches and updates delivered or downloaded
by the customer in electronic, printed or other form,
Gif4J LIGHT sample code in electronic or printed form, batch scripts and
configuration files, used to use and/or distribute Gif4J LIGHT in parts or
in whole.
1.2. LICENSEE -- a company or individual who is given the right to use
and/or distribute the SOFTWARE according to this license.
1.3. LICENSER -- Gif4J Software in whole.
1.4. MIDDLEWARE -- software products which are developed by LICENSEE for use
by third-parties (companies and individuals that are separate legal entities
and not part of LICENSEE) for creation of third-party's software products and
which are included as a part of third-party's software products.
This includes, but is not limited by, Java class libraries, ActiveX objects,
.NET assemblies, Delphi components, Dynamic-Link Libraries, Shared Objects etc.
1.5. END-USER APPLICATIONS -- software products that are not classified
as MIDDLEWARE.
2. GRANTING of LICENSES
LICENSER grants LICENSEE one of the following licenses depending on
LICENSEE's type of use of the SOFTWARE and the license fee paid.
Except for the licenses marked as free hereafter, a license is not granted
if LICENSEE cannot prove payment of the corresponding license fee
as published by LICENSER at the time of purchase of such license.
Implied licenses are negated.
The SOFTWARE is licensed, not sold.
None of the following licenses grants LICENSEE to use the SOFTWARE
in development of MIDDLEWARE. Such use is defined by other licenses.
2.1. FREE EVALUATION LICENSE
LICENSER grants LICENSEE a free, nonexclusive, non-transferable license to use
the Evaluation Version of the SOFTWARE during a free evaluation period, provided
the terms of this agreement are met. The free evaluation period extends
for 30 calendar days from the day of first use by LICENSEE.
LICENSEE can use the SOFTWARE for purposes of testing and evaluation only.
Before the end of the 30 day evaluation period, LICENSEE must either purchase
a paid license to the SOFTWARE or remove the SOFTWARE from all the machines
where LICENSEE installed it.
In either case the Evaluation License is terminated.
2.2. DEVELOPMENT LICENSE
2.2.1. In the case of a Personal Developer License, LICENSER grants LICENSEE
a limited, non-exclusive, non-transferable, non-assignable, non-sub-licensable
to download and install one copy of the SOFTWARE for use only for the purpose
of development and only by one individual on a single computer.
2.2.2. In the case of a Site Developer License, LICENSER grants LICENSEE
a limited, non-exclusive, non-transferable, non-assignable, non-sub-licensable
to download and install multiple copies of the SOFTWARE for use only by
developers within LICENSEE's business organisation at a single geographic site,
for the purpose of development by those developers.
2.2.3. LICENSER grants LICENSEE a non-exclusive, non-sublicensable,
royalty-free distribution rights to distribute the applet or applets
LICENSEE build only in conjunction with and as an integral part
of LICENSEE's Web pages, and distribute the SOFTWARE only as an
integral part of your end-user, stand-alone application
executed and installed on a client desktop or laptop computer.
LICENSEE are not permitted to distribute the applets in any fashion which would
promote, encourage or allow reuse or redistribution of the applet,
other than as permitted above.
2.2.4. Use of The SOFTWARE by LICENSEE's subcontractors requires a separate
license given to those subcontractors.
2.3. RUNTIME LICENSE
2.3.1. LICENSER grants LICENSEE a non-exclusive, non-sublicensable license to
run the SOFTWARE-based END-USER APPLICATIONS (that have been developed by
the LICENSEE under a DEVELOPMENT LICENSE) on the respective number of
Java Virtual machines (JVMs) - one license per one JVM.
These licenses are transferable to customers or other third parties, which means
that if the customer or other third party acquires a certain number of licenses
to run the SOFTWARE-based END-USER APPLICATIONS from the LICENSEE,
the respective number of runtime licenses are transferred to the customer.
2.3.2. LICENSEE must incorporate the following disclaimer in the documentation
and/or other materials provided with any the SOFTWARE-based
END-USER APPLICATIONS:
THIS SOFTWARE IS PROVIDED ``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 ANY PERSON
WHO HAS CONTRIBUTED TO OR IS THE OWNER OF ANY PART OF THIS SOFTWARE 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.
3. OTHER RESTRICTIONS
LICENSEES agree not to (I) modify, port, translate, reverse engineer,
disassemble, de-compile, derive source code, or create derivative works
based on, nor permit any other party to derive or attempt to derive the source
code of the SOFTWARE by any means; (II) copy the SOFTWARE except as stated
above; (III) remove, or allow to be removed, any LICENSER or its Licensors
copyright or other proprietary rights notice from any Software;
(IV) take any action that causes the SOFTWARE to be placed in the public domain;
(V) use the SOFTWARE to develop an application having the same primary
function as the SOFTWARE; (VI) sell, lease, rent, transfer or assign
the SOFTWARE to others or grant others the right to use it
except as stated above; (VII) market, distribute or sublicense copies
of the SOFTWARE to others except as stated above;
(VIII) use the SOFTWARE for third-party training,
commercial time-sharing, rental or service bureau purposes.
4. TERMINATION
4.1. The license becomes effective the day the LICENSEE agrees to its terms
and conditions.
4.2. The license terminates automatically if the LICENSEE fails to comply with
the limitations described above.
4.3. The license can be terminated by LICENSEE at any time.
4.4. Upon termination of the license LICENSEE must destroy all copies of
the SOFTWARE received under terms of this license and all it's components
on all systems and all types of media and in computer memory.
5. WARRANTY and LIMITATION of LIABILITY
5.1. The SOFTWARE is provided by LICENSER 'AS IS'.
5.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSER DISCLAIMS
ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE
SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
THE LICENSER DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR
FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE ENTIRE RISK ARISING OUT
OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ACCOMPANYING WRITTEN
MATERIALS REMAINS WITH THE LICENSEE. THIS LIMITED WARRANTY GIVES THE
LICENSEE SPECIFIC LEGAL RIGHTS. THE LICENSEE MAY HAVE OTHERS, WHICH VARY
FROM STATE/JURISDICTION TO STATE/JURISDICTION.
5.3. IN NO EVENT SHALL THE AUTHOR 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.
5.4. Recognizing the importance of The SOFTWARE to The LICENSEE,
the LICENSER will attempt to fix the errors discovered in the SOFTWARE
given that such errors are not caused by malfunctioning of the operating
environment, hardware and software errors of third-party components
and by improper use or impossibility to use of the SOFTWARE.
6. GENERAL PROVISIONS
6.1. If any part of this SLA is found void and unenforceable,
it will not affect the validity of the balance of the license,
which shall remain valid and enforceable according to its terms.
6.2. This SLA shall not prejudice the statutory rights of any
party dealing as a consumer.
6.3. This SLA may only be modified by a writing signed by LICENSER.
6.4. Updates may be licensed to the LICENSEE by the LICENSER
with additional or different terms.
6.5. This is the entire agreement between the LICENSER and LICENSEE
relating to the SOFTWARE and it supersedes any prior representations,
discussions, undertakings, communications or advertising relating
to the SOFTWARE.
7. COPYRIGHT
The SOFTWARE (including any images, photographs and text incorporated into
the SOFTWARE) is owned by LICENSER or its suppliers and is protected by
copyright law, international copyright treaties, as well as other proprietary
notices. Therefore you must treat the SOFTWARE like any other copyrighted
material and not reproduce it except that you may either: (a) make one copy
of the SOFTWARE solely for backup or archival purposes, or (b) transfer the
SOFTWARE to a single hard disk provided you keep the original solely for
backup or archival purposes.
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