IXIA SOFTWARE END USER LICENSE AGREEMENT
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This IXIA SOFTWARE END USER LICENSE AGREEMENT (this "Agreement") is a legal
agreement between you (a business entity and not an individual) ("Licensee")
and Ixia for Ixia's software product(s) identified in the related Ixia invoice,
including all associated media (collectively, the "SOFTWARE," as further
defined below). By checking and/or clicking the "I Accept" or similar box or
button at the beginning of the SOFTWARE download and/or installation process,
and/or by installing the SOFTWARE or having the SOFTWARE installed (for
example, and not by way of limitation, by permitting Ixia to install the
SOFTWARE on hardware owned, controlled, or operated by Licensee), and/or by
using the SOFTWARE or equipment containing the SOFTWARE, and/or by downloading
the SOFTWARE and/or by activating the SOFTWARE with any associated license key,
as applicable, you are binding the business entity that you represent (i.e.,
Licensee) to the terms and conditions of this Agreement.
If Licensee does not agree to be bound by the terms of this Agreement, Licensee
may not use the SOFTWARE in any way, and Licensee (either itself or through any
of its employees) must not check and/or click any "I Accept" or similar box or
button associated with this Agreement during the SOFTWARE installation,
activation, and/or download process, as applicable, and must promptly return
the SOFTWARE (including, without limitation, any software media), unused, to
Ixia.
1. IXIA PRODUCT
The "Ixia Product" may contain any combination of the following six categories
of software:
(a) "Server Software" is software that is intended for use on an Ixia Hardware
Chassis or other Ixia hardware product, and that provides certain services on
that product.
(b) "Client Software" is software that is intended for use on a computer
workstation, and that allows an end user to access and utilize the services of
Server Software.
(c) "Console Software" refers to that portion of Ixia's IxChariot Software that
is intended for use on a computer workstation, and that allows an end user to
control Endpoint Software. For the avoidance of doubt, in no event shall
Console Software be deemed to be Server Software or Client Software.
(d) "Endpoint Software" refers to Ixia's Performance Endpoint Software and/or
Ixia's Qcheck Software.
(e) "License Management Software" is software that provides certain software
license management services on a computer server.
(f) "GPL Software" consists of open source software as selected by Ixia for
inclusion in the Ixia Product. GPL Software is not owned by Ixia.
Notwithstanding anything in this Agreement to the contrary, GPL Software is
distributed by Ixia to Licensee for Licensee's use solely under the terms of
the GNU General Public License, Version 2, June 1991, a copy of which
accompanies this Agreement. The GNU General Public License governs the GPL
Software and the copying, distribution, and modification of the GPL Software.
GPL Software source code is available upon request, consistent with the
requirements of the GNU General Public License.
2. GRANT OF LICENSE
Subject to the terms, conditions, and restrictions in this Agreement, Ixia
grants to Licensee a non-exclusive, non-transferable, and non-sublicenseable
license to (i) install and use the Server Software, the Client Software, the
Console Software, the Endpoint Software and/or the License Management Software
(collectively, and together with any copies thereof made in accordance with
this Agreement, the "SOFTWARE") for which Licensee has paid or will pay to Ixia
any required license fees, in object code form only, and (ii) use the provided
end user documentation, whether printed or electronic (together with any copies
thereof made in accordance with this Agreement, the "Documentation"), in
support of Licensee's use of the SOFTWARE. The license(s) granted above are
subject to the following terms and conditions, as well as all other terms and
conditions in this Agreement and in the applicable Ixia invoice:
(a) Server Software. Any Server Software included in the SOFTWARE may be
installed and/or used only on the particular Ixia Hardware Chassis or other
Ixia hardware product for which such Server Software is designated.
(b) Client Software. Except as otherwise provided in the applicable Ixia
invoice, any Client Software included in the SOFTWARE may be installed and/or
used on an unlimited number of computer workstations. Such use is subject to
any further restrictions in the applicable Ixia invoice, including but not
limited to any restrictions limiting the number of Client Software copies that
can concurrently access and utilize the services of a particular copy of Server
Software,
(c) Console Software. Except as otherwise provided below, any Console Software
included in the SOFTWARE may be installed and/or used only on the number of
designated computer workstations corresponding with the total number of
licenses specified in the applicable Ixia invoice. Notwithstanding the
foregoing, if Licensee has purchased one or more "floating licenses" for Ixia's
IxChariot Software, then Licensee may install the corresponding Console
Software on an unlimited number of computer workstations, but may only use
concurrently the number of copies of such Console Software that is equal to the
number of such "floating licenses" purchased by Licensee. Licensee's use of
Console Software is subject to any further restrictions in the applicable Ixia
invoice, including but not limited to any restrictions limiting the number of
simultaneous tests that may be run with such Console Software.
(d) Endpoint Software. Notwithstanding anything in this Agreement to the
contrary, Licensee may install and use the Endpoint Software on an unlimited
number of computers and may make an unlimited number of copies of such SOFTWARE
for backup and archival purposes.
(e) License Management Software. Any License Management Software included in
the SOFTWARE may be installed and/or used only on the number of designated
servers corresponding with the total number of licenses specified in the
applicable Ixia invoice.
(f) Updates and Releases. To the extent that, under the Ixia Limited Warranty
or any Ixia Extended Warranty, Ixia provides Licensee with any revised,
modified, or replacement SOFTWARE, or additional or supplemental SOFTWARE, or
any updates, releases, error correction, or bug fixes related to the SOFTWARE,
the same shall become part of the "SOFTWARE" licensed hereunder when delivered
to Licensee and shall be subject to all of the terms and conditions contained
herein. With respect to any technical information Licensee provides to Ixia in
connection with the license(s) granted to Licensee hereunder, Ixia may use such
information for any purpose without restriction, including, without limitation,
for product support and development. Ixia will not use such technical
information in a form that identifies Licensee.
(g) Media; License Keys. Licensee may receive the SOFTWARE in more than one
medium, or Licensee may receive copies of the SOFTWARE that are compatible with
operating systems not specified on the applicable Ixia invoice. Regardless,
Licensee may use the SOFTWARE only as expressly permitted in this Agreement.
Licensee acknowledges and agrees that installation and/or use of certain
SOFTWARE may be subject to activation by license key.
(h) Copies. Except as is otherwise expressly provided in this Agreement,
Licensee may make only one copy of the SOFTWARE, and may use that copy only for
backup and archival purposes. Licensee may copy the Documentation to the
limited extent reasonably necessary to facilitate Licensee's use of the
SOFTWARE in accordance with this Agreement.
(i) Reservation of Rights. Ixia reserves all rights not expressly granted
herein.
3. TITLE; COPYRIGHT; PATENTS; NO SALE
(a) Ownership. Certain of the SOFTWARE contains or is based upon software
and/or other materials licensed to Ixia by third party licensors (e.g., Cisco
Systems, Inc.). Licensee acknowledges and agrees that the SOFTWARE (including
but not limited to any proprietary protocols implemented therein) constitutes
valuable trade secrets of Ixia, its affiliates, and/or its licensors (as
applicable). Licensee further acknowledges and agrees that Ixia, its
affiliates, and/or its licensors (as applicable) own all right, title, and
interest in and to the SOFTWARE (including, without limitation, any all copies,
extracts, and associated media thereof, all concepts, logic, protocols, and
specifications related thereto, and all images, "applets," photographs,
animations, video, audio, and/or text incorporated therein), as well as all
patents, trademarks, trade names, inventions, copyrights, know-how, trade
secrets, and other intellectual and industrial property rights, and any related
applications or extensions, relating to the design, manufacture, operation, or
service of the SOFTWARE.
(b) Copyright; Copies. Licensee acknowledges and agrees that the SOFTWARE is
protected by United States copyright laws and international treaty provisions.
Licensee must treat the SOFTWARE like any other copyrighted material except as
otherwise provided herein with respect to making copies of the SOFTWARE.
(c) Licensed Not Sold. Licensee acknowledges and agrees that the SOFTWARE has
been licensed to Licensee pursuant to the terms and conditions of this
Agreement and that the SOFTWARE has not been sold to Licensee.
Acknowledgments, licensing terms, copyright notices, disclaimers and other
terms applicable to such Third Party Software (the "Third Party Software
Licenses") are available in the
Third Party License file.
(d) PESQ; PAMS/PESQ; PAMS/PESQ/PSQM+; PAMS/PSQM. Licensee acknowledges that
any PESQ, PAMS/PESQ, or PAMS/PESQ/PSQM+ software included in the SOFTWARE is
protected by copyright and by UK, European, U.S., and other patents and is
provided under licenses from Psytechnics Limited and Malden Electronics
Limited. Licensee also acknowledges that any PAMS/PSQM software included in
the SOFTWARE was developed by KPN Research, the Netherlands, and is used by
permission under license from OPTICOM Dilp.-Ing. M. Keyhl GmbH, Erlangen,
Germany.
4. RESTRICTIONS AND LIMITATIONS
(a) General Use Restrictions. Licensee shall not use, copy, merge, or transfer
copies of the SOFTWARE or the Documentation except as may be expressly and
specifically authorized in this Agreement. Licensee shall not knowingly take
any action that would cause the SOFTWARE to be placed in the public domain.
(b) No Reverse Engineering; No Modification. Licensee may not, under any
circumstances, reverse engineer, decompile, disassemble, or otherwise attempt
to discover, reconstruct, or identify the source code for the SOFTWARE or any
user interface techniques, algorithms, logic, protocols, or specifications
included, incorporated, or implemented therein. Furthermore, Licensee may not,
under any circumstances and except as expressly authorized by Ixia in the
Documentation, modify, port, translate, or create derivative works of the
SOFTWARE.
(c) Rental; Leasing. Licensee may not, and agrees that it will not, transfer,
assign, rent, lease, lend, resell, or in any way distribute or transfer any
rights in this Agreement or the SOFTWARE to third parties, including by
operation of law, without Ixia's prior written approval and subject to written
agreement by the recipient to the terms of this Agreement.
(d) Export Restrictions; Compliance with Laws. Licensee agrees that Licensee
will not, directly or indirectly, export or transmit the SOFTWARE to any
country to which such export or transmission is restricted by any applicable
U.S. regulation or statute, without the prior written consent, if required, of
the Bureau of Export Administration of the U.S. Department of Commerce or such
other governmental entity as may have jurisdiction over such export or
transmission. Licensee agrees to comply with and conform to all applicable
laws, regulations, ordinances, and executive orders relating to Licensee's use
of the SOFTWARE.
5. USE AUDIT
Ixia shall have the right, upon reasonable notice, to conduct and/or have an
independent accounting firm to conduct, during normal business hours on
Licensee's premises under Licensee's reasonable supervision, an audit to verify
Licensee's compliance with the terms of this Agreement.
6. TERM AND TERMINATION
(a) General. Except as provided below with respect to evaluation and limited
term licenses, this Agreement and the license(s) granted herein will remain
effective until terminated. Licensee may terminate this Agreement and the
license(s) granted herein by ceasing all use of the SOFTWARE and any related
Documentation, and returning all copies of the SOFTWARE and the related
Documentation to Ixia. The license(s) granted to Licensee under this Agreement
will automatically terminate if Licensee fails to comply with any term or
condition of this Agreement.
(b) Evaluation and Term Licenses. If SOFTWARE has been licensed to Licensee
for evaluation purposes, this Agreement will be effective only until the end of
the designated evaluation period. If SOFTWARE has been licensed to Licensee
for a limited term as specified in the applicable invoice or otherwise, then
this Agreement will be effective only until the end of such term. SOFTWARE
that is subject to any evaluation or limited term license may contain code that
can disable most or all of the features of such SOFTWARE upon expiration of
such evaluation or limited term license, and unless Licensee has paid to Ixia
the applicable license fee for any additional licenses, Licensee shall have no
rights to use the SOFTWARE or the Documentation upon expiration of any such
license.
(c) Licensee Obligations Upon Termination or Expiration. Licensee agrees, upon
any termination or expiration of this Agreement, to cease use of, and to
destroy or return to Ixia, all copies of the SOFTWARE and any related
Documentation
7. LIMITED WARRANTY; DISCLAIMER; LIMITATION OF LIABILITY
(a) DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
AND EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN IXIA'S LIMITED WARRANTY OR ANY
IXIA EXTENDED WARRANTY, THE SOFTWARE IS PROVIDED "AS IS", AND IXIA AND ITS
SUPPLIERS AND LICENSORS DO NOT MAKE AND SPECIFICALLY DISCLAIM, ALL EXPRESS AND
IMPLIED WARRANTIES OF EVERY KIND RELATING TO THE SOFTWARE AND/OR USE OF THE
SOFTWARE (INCLUDING, WITHOUT LIMITATION, ACTUAL AND IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT), AS
WELL AS ANY WARRANTIES THAT THE SOFTWARE (OR ANY ELEMENTS THEREOF) WILL ACHIEVE
A PARTICULAR RESULT, OR WILL BE UNINTERRUPTED OR ERROR-FREE.
(b) GPL Software. Licensee acknowledges that the GPL Software is third-party
software that has not been manufactured, tested, or otherwise approved by Ixia.
THE GPL SOFTWARE IS PROVIDED "AS IS," AND IXIA DOES NOT MAKE AND SPECIFICALLY
DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES OF EVERY KIND RELATING TO THE GPL
SOFTWARE AND/OR USE OF THE GPL SOFTWARE (INCLUDING, WITHOUT LIMITATION, ACTUAL
AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT), AS WELL AS ANY WARRANTIES THAT THE GPL SOFTWARE (OR ANY
ELEMENTS THEREOF) WILL ACHIEVE A PARTICULAR RESULT, OR WILL BE UNINTERRUPTED OR
ERROR-FREE. Nothing in this Agreement shall obligate Ixia to provide any
support for the GPL Software.
(c) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL IXIA OR ITS LICENSORS BE LIABLE UNDER ANY THEORY OF
LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING
FROM LOSS OF PROFITS, REVENUE, DATA, OR USE, OR FROM INTERRUPTED COMMUNICATIONS
OR DAMAGED DATA, OR FROM ANY DEFECT OR ERROR, OR IN CONNECTION WITH LICENSEE'S
ACQUISITION OF SUBSTITUTE GOODS OR SERVICES OR MALFUNCTION OF THE IXIA PRODUCT,
OR ANY SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM
NEGLIGENCE OR STRICT LIABILITY, EVEN IF IXIA OR ANY OF ITS LICENSORS OR ANY
OTHER PERSON HAS BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF SUCH
DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY TO ACHIEVE ITS INTENDED
PURPOSE.
(d) IXIA LIMITED AND EXTENDED WARRANTIES. THE SOFTWARE IS LICENSED HEREUNDER
SUBJECT TO ALL OF THE "OTHER LIMITATIONS" SET FORTH IN IXIA'S LIMITED WARRANTY
AND ANY IXIA EXTENDED WARRANTY PURCHASED BY LICENSEE.
(e) Responsibilities of Licensee. As a licensee of the SOFTWARE, Licensee is
solely responsible for the proper installation and operation of the SOFTWARE in
accordance with the instructions and specifications set forth in the
Documentation. Ixia shall have no responsibility or liability to Licensee,
under Ixia's Limited Warranty or otherwise, for improper installation or
operation of the SOFTWARE. Any output or execution errors resulting from
improper installation or operation of the SOFTWARE shall not be deemed
"defects" for purposes of Ixia's Limited Warranty.
8. INDEMNITY
Licensee hereby agrees to indemnify, protect, defend, and hold Ixia harmless
from and against any and all claims, losses, and damages, including without
limitation, reasonable attorneys' and experts' fees and disbursements, (a)
which may at any time be asserted against Ixia by any party for Licensee's
failure to perform any of the covenants, agreements, terms, provisions, or
conditions contained in this Agreement, (b) by any party by reason of
Licensee's use or misuse of the Ixia Product, or (c) resulting from any failure
by Licensee to comply with any term, condition, or restriction in this
Agreement.
9. NON-DISCLOSURE
Licensee shall take all reasonable steps necessary to ensure that the SOFTWARE,
the Documentation, and any related Ixia information, or any portion thereof, is
not made available or disclosed by Licensee (or by any of its employees,
representatives, or agents) to any person other than as may be necessary to
Licensee's employees, representatives, and agents to use the same as expressly
permitted herein. Licensee agrees that all of its employees, representatives,
and agents having access to the SOFTWARE and/or the Documentation shall observe
and perform the terms of this Section.
10. U.S. GOVERNMENT RESTRICTED RIGHTS
(a) Commercial Software. The SOFTWARE and its accompanying Documentation are
deemed to be "commercial computer software" and "commercial computer software
documentation," respectively, for purposes of Federal Acquisition Regulations
("FAR") 12.212 and the Defense FAR Supplement ("DFARS") 227.7202-1, 227.7202-3,
and 227.7202-4, and the restrictions set forth in such regulations, and this
Agreement shall be deemed to be the license described in such regulations. Any
use, modification, reproduction, release, performance, display, or disclosure
of the SOFTWARE or its accompanying Documentation by any agency, department, or
entity of the United States Government (the "Government") shall be governed
solely by the terms of this Agreement and is prohibited except to the extent
expressly permitted by the terms of this Agreement. The SOFTWARE and its
accompanying Documentation are also deemed to be "restricted computer software"
for purposes of FAR 52.227-14(g)(3) (Alternate III (June 1987)) and FAR
52.227-19, which clauses are incorporated herein by reference subject to the
express restrictions and prohibitions set forth above.
(b) Certain Technical Data. Any technical data provided that is not covered by
the above provisions is deemed to be "technical information related to
commercial computer software or commercial computer software documentation" for
purposes of FAR 12.212 and the restrictions set forth therein, and is deemed to
be "technical data or information related or pertaining to commercial items or
processes" developed at private expense for purposes of DFARS 227.7102-1 and
227.7102-2 and the restrictions set forth therein, and this Agreement shall be
deemed to be the license described in such regulations. Any use, modification,
reproduction, release, performance, display, or disclosure of such technical
data by the Government shall be governed solely by the terms of this Agreement
and is prohibited except to the extent expressly permitted by the terms of this
Agreement. Such technical data is also deemed to be "limited rights data" as
defined in FAR 52.227-14(a) (Alternate I (June 1987)) and for purposes of FAR
52.227-14(g)(2) (Alternate II (June 1987)), which clauses are incorporated
herein by reference subject to the express restrictions and prohibitions set
forth above. Such technical data shall also be deemed to be "technical data"
for purposes of DFARS 252.227-7015, which clause is incorporated herein by
reference subject to the express restrictions and prohibitions set forth above.
(c) Third Party Acceptance of Restrictions. Licensee shall not provide the
SOFTWARE, its accompanying Documentation, or the technical data to any party,
including the Government, unless such third party accepts the same restrictions
as are set forth in this Section 10. Licensee is responsible for ensuring that
the proper notice is given to all such third parties and that the SOFTWARE, its
accompanying Documentation, and the technical data are properly marked with the
required legends. Nothing in this Section 10(c) shall be deemed to modify the
restrictions on transfer or disclosure set forth elsewhere in this Agreement.
11. GOVERNING LAW; ENFORCEMENT
(a) Governing Law. This Agreement and the rights and obligations of the
parties hereunder shall be governed by the laws of the State of California,
without reference to conflicts of laws principles; provided, however, that if
this product was acquired outside the United States, then certain local laws
may apply. The parties agree to the non-exclusive jurisdiction of the state
and federal courts in Los Angeles County, California in connection with the
litigation of any dispute under this Agreement and waive any objection to such
jurisdiction based on venue or personal jurisdiction. IN ADDITION, THIS
AGREEMENT WILL NOT BE GOVERNED OR INTERPRETED IN ANY WAY BY REFERRING TO ANY
LAW BASED ON THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA), EVEN IF
THAT LAW HAS BEEN ADOPTED IN CALIFORNIA, AND THE UNITED NATIONS CONVENTION ON
CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS HEREBY EXCLUDED.
(b) Equitable Relief. Licensee acknowledges that any actual or threatened
breach of the provisions of this Agreement will constitute immediate,
irreparable harm to Ixia and its licensors (as applicable) for which monetary
damages would be an inadequate remedy; that injunctive relief is an appropriate
remedy for any such breach or threatened breach; and that, in such event, Ixia
(and/or its licensors, as applicable) will be entitled to immediate injunctive
relief without the requirement of posting bond.
12. INVALIDITY OF PROVISIONS
If any provision in this Agreement is invalid or unenforceable, such provision
shall be construed, limited, or altered, as necessary, to eliminate the
invalidity or unenforceability and all other provisions of this Agreement shall
remain in effect.
13. MISCELLANEOUS
(a) This Agreement and Ixia's Limited Warranty and any Ixia Extended Warranty
purchased by Licensee set forth the entire agreement between Ixia and Licensee
with respect to the SOFTWARE and Licensee's use thereof. No provision of this
Agreement or of Ixia's Limited Warranty or any Ixia Extended Warranty may be
waived, modified, or superseded except by a written instrument signed by each
of Ixia and Licensee. Both parties hereby acknowledge and agree that any and
all licensors of Ixia (and any and all licensors of Ixia's licensors) shall be
direct and intended third party beneficiaries of this Agreement (including,
without limitation, the provisions regarding intellectual property ownership,
and the disclaimers of warranties and limitations on liability, as set forth
herein), with the right to directly enforce same. No failure or delay in
exercising any right or remedy shall operate as a waiver of any such (or any
other) right or remedy. The language of this Agreement shall be construed as a
whole, according to its fair meaning and intent, and not strictly for or
against either party, regardless of who drafted or was principally responsible
for drafting this Agreement or any specific term or conditions hereof. This
Agreement shall bind and inure to the benefit of the parties and their
successors and permitted assigns. Both parties are acting as independent
contractors with respect to the activities hereunder. In the event of any
legal proceeding between the parties arising out of or related to this
Agreement, the prevailing party shall be entitled to recover, in addition to
any other relief awarded or granted, its costs and expenses (including but not
limited to reasonable attorneys' and expert witness' fees) incurred in any such
proceeding.
(b) Licensee should print (by selecting the print option during installation or
download of the SOFTWARE, or by viewing and printing the Agreement from Ixia's
web site at www.ixiacom.com and save a copy of this Agreement for Licensee's
records.
(c) Should Licensee have any questions concerning this Agreement, or if
Licensee desires to contact Ixia for any reason, please write Ixia at 26601 W.
Agoura Road, Calabasas, CA 91302, or send an email to Ixia at
support@ixiacom.com.
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Attachment: Copy of the GNU General Public License
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.
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
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 (C)
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 (C) 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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