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FEV SOFTWARE END-USER LICENSE AGREEMENT (EULA)
FEV SOFTWARE END-USER LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING OR
USING THE SOFTWARE.
This License Agreement (this "Agreement") is a legal agreement between you
(either an individual or a single entity, the "Licensee") and FEV Software
and Testing Solutions GmbH or one of its affiliates ("FEV", the "Licensor")
for the software that accompanies this Agreement, which includes computer
software and may include associated media, printed materials, "online" or
electronic documentation, and Internet-based services ("Software"). This
Agreement is an addendum to the associated LICENSE OFFER communication
("license offer").
Your use of the Software is subject to the terms and conditions of this
Agreement, as set forth below, and the license offer. IF YOU DO NOT HAVE A
VALID LICENSING OF THE SOFTWARE AS SET FORTH IN THE license offer, YOU ARE
NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE SOFTWARE AND YOU HAVE
NO RIGHTS UNDER THIS AGREEMENT.
BY ACCEPTING THE TERMS OF THIS LICENSE AGREEMENT YOU ARE CONSENTING TO BE
BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, COPYING, OR OTHERWISE
USING THE SOFTWARE.
IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, DO NOT INSTALL,
COPY, OR USE THE SOFTWARE.
1. GRANT OF LICENSE.
Subject to the terms and conditions of this Agreement, FEV grants to the
Licensee, and the Licensee accepts from FEV, a non-exclusive,
non-transferable license (unless specified) to use the Software, solely for
the Licensee's own internal data processing purposes. This license shall be
in accordance with the limitations of the license type(s) and in the
quantities specified in the license offer. The license term(s) (duration)
shall be as specified in the license offer, subject to early termination as
set forth in this Agreement.
FEV grants you the following rights provided that you comply with all terms
and conditions of this Agreement and the associated license offer:
1.1 RESERVATION OF RIGHTS AND OWNERSHIP.
FEV reserves all rights not expressly granted to you in this Agreement. The
Software is protected by copyright and other intellectual property laws and
treaties. FEV or its suppliers own the title, copyright, and other
intellectual property rights in the Software. The Software is licensed, not
sold.
1.2 INSTALLATION AND USE.
You may install, use, access, display and run the number of instances of
the Software as you are entitled to through the license offer.
1.3 AUTHORIZED USERS.
"Authorized Users" are Licensee's (i) employees; and (ii) contractors
working on Licensee's premises and have agreed in writing to use
restrictions and confidentiality obligations no less restrictive than those
set forth in this Agreement. The Licensee shall at all times be responsible
for its Authorized Users' compliance with this Agreement.
1.4 ACCESS BY AND AUTHENTICATION OF AUTHORIZED USERS.
Licensee and its Authorized Users shall be granted access to the Software
as set forth in the Schedule through a License Management System which is
provided by a License Server.
2. LICENSE TYPES.
2.1 "Lease License" means a license of limited-term duration (often a
year). Lease Licenses acquired by Licensee shall have a fixed term as set
forth in the license offer, and if no term is specified in the license
offer, the Lease License term shall be one (1) year commencing on the
delivery date. Unless otherwise stated in the license offer, for a Lease
License, Maintenance during the license term is included in the Lease
License fee. Except for termination for cause, Licensor hereby grants to
Licensee a non- exclusive, non-transferable license to use the Software
during the term as set forth in the license offer. Such use shall be in
accordance with the provisions of this Agreement, subject to termination as
set forth in this Agreement.
2.2 "Paid-up License" or "perpetual license" mean a license which has a
term commencing on the start date specified in the license offer and
continuing perpetually. Unless otherwise stated when buying the software,
for a new Paid-up License, first year maintenance is included in the
Paid-up license fee. Software update and upgrade for a perpetual license is
subject to an active maintenance contract. Except for termination for
cause, Licensor hereby grants to Licensee a non-exclusive, non-
transferable license, royalty-free, perpetual license to use the Software.
Such use shall be in accordance with the provisions of this Agreement,
subject to termination as set forth in this Agreement.
2.3 "Evaluation License" and "Test version" are Not for Resale Software.
Software provided under an Evaluation License or identified as "Not for
Resale" or "NFR" in the license offer may not be sold or otherwise
transferred for value, or used for any purpose other than demonstration,
test or evaluation. If Software is licensed to Licensee under an Evaluation
License the Licensee agrees that, NOTWITHSTANDING ANYTHING TO THE CONTRARY
ELSEWHERE IN THIS AGREEMENT: (i) Licensee may use such Software for
evaluation, non-production and non-commercial purposes only; (ii) the term
(duration) of the evaluation license shall be as set forth in the license
offer but shall in no event exceed ninety (90) days; (iii) since the
Software is lent free of charge exclusively for the purposes mentioned
before, Licensee shall have no claims in the event of defects in material
or defects in title of the Software; (iv) FEV has no obligation to provide
any maintenance for such Software.
2.4 "Educational License" are Not for Resale Software. Software provided
under an Education License or identified as "Not for Resale" or "NFR" in
the license offer may not be sold or otherwise transferred for value, or
used for any purpose other than Educational Purpose. If Software is
licensed to Licensee under an Educational License the Licensee agrees that,
NOTWITHSTANDING ANYTHING TO THE CONTRARY ELSEWHERE IN THIS AGREEMENT: (i)
Licensee may use such Software for educational purpose only; (ii) the term
(duration) of the evaluation license shall be as set forth in the license
offer; (iii) if the Educational License is lent free of charge exclusively
for the purposes mentioned before, Licensee shall have no claims in the
event of defects in material or defects in title of the Software; (iv) if
the Educational License is lent free of charge FEV has no obligation to
provide any maintenance for such Software.
3. LICENSE MODELS.
3.1 Node-lock License: If the Licensee acquires a Node-lock License,
installation and use of the Software will be limited to a single computer.
The number of target host-ID's may not exceed the number of Node-lock
License(s) purchased. Software licensed under a Node-lock License may only
be accessed or used simultaneously by a number of Authorised Users
equivalent to the number of purchased licensed where Authorised Users are
at the Installation Site, i.e. the Licensee facility identified in the
purchase order where the Licensee's License Server resides.
3.2 Named User License: If the Licensee acquires a Named User License,
access and use will be restricted to the individual named user identified
in the license management portion of the Software. Each named user
designated by the Licensee must be an individual who at all times during
the designation meets the definition of an "Authorized User". Group or
shared logins are strictly prohibited.
3.3 Floating (Network) Licenses: If the Licensee acquires a floating Local
Network License, Country Network License, Regional Network License, or
Worldwide Network License, access to and use of the Software will be
controlled by a License Server and Authorized Users may access and use the
Software on Licensee's machines served by the License Server, provided that
access to and use of the Software at any one time does not exceed the
number of concurrent users acquired by Licensee for that Software. In
addition, the Licensee shall strictly comply with the following
restrictions: (i) if Licensee acquires a Local Network License (also
sometimes referred to simply as a Network License), the Software may only
be accessed or used by Authorized Users at the Installation Site, or if
Licensee's local area network is shared by a grouping of Licensee
facilities, then by Authorized Users at any Licensee facility within ten
(10) miles of the Installation Site; (ii) if Licensee acquires a Country
Network License, the Software may only be accessed or used by Authorized
Users at Licensee facilities located within the country where the
Installation Site is located; (iii) if Licensee acquires a Regional Network
License, the Software may only be accessed or used by Authorized Users at
Licensee's facilities located in the region designated in the license
offer; or (iv) if Licensee acquires a Worldwide Network License, the
Software may be accessed or used by Authorized Users at Licensee's
facilities located worldwide. Any network (floating) license acquired by
Licensee hereunder shall be deemed a Local Network License, unless
expressly identified in the license offer as a "Country", "Regional" or
"Worldwide" Network License.
4. RESTRICTIONS AND PROTECTIONS.
4.1 The Licensee acknowledges that the Software and its structure,
organization and source code constitute and contain valuable trade secrets
of FEV and/or its suppliers. Accordingly, the Licensee shall not: (i)
reverse-engineer, decompile, disassemble or otherwise attempt to derive the
source code for the Software, or allow any third party to do the foregoing,
except to the extent explicitly permitted by applicable law without
possibility of contractual waiver; (ii) modify, adapt, alter, translate or
create derivative works from the Software or Documentation; (iii) allow any
third party to access or use the Software on a service bureau, application
service provider, time-sharing, or similar basis; (iv) disable, modify or
circumvent the license management system provided with the Software; (v)
remove, alter, or obscure any proprietary notices, labels, or marks from
the Software or Documentation; (vi) disclose results of any Software
benchmark tests without FEV's prior written consent; (vii) disclose,
display, or permit access to or use of the Software or Documentation by
persons other than Authorized Users using the Software and Documentation
within the scope of the license acquired by the Licensee; or (viii)
otherwise use or copy the Software or Documentation except as expressly
permitted under this Agreement. The Licensee agrees to notify FEV
immediately of any unauthorized access to or use of the Software.
4.2 The Licensee shall not sublicense, rent, loan or lease, all or part of
the Software or Documentation to any third party. In the case that the
Licensee has obtained the Software or Documentation by electronic download
the Licensee shall not sell or otherwise transfer all or part of the
Software or Documentation to any third party.
4.3 The Licensee may copy the Software as reasonably required in
conjunction with permitted use under this Agreement and for backup
purposes. Any such copies made by the Licensee must reproduce and include,
in exact form, all proprietary rights notices. The Licensee shall maintain
records of the location of each copy of the Software, and the location and
identity of the computers on which the Software is installed.
4.4 The Software and Documentation, and all worldwide intellectual property
rights therein, are and remain the property of FEV and/or its suppliers.
Nothing in this Agreement will be deemed to convey to the Licensee any
title, ownership, or other intellectual property rights in or related to
the Software or Documentation, and the Licensee agrees not to assert any
such rights. All rights in and to the Software and Documentation not
expressly granted to the Licensee in this Agreement are reserved by FEV
and/or its suppliers.
4.5 Upon not less than fifteen (15) days written notice, FEV may audit
Licensee's installation and use of the Software and Documentation. The
Licensee shall cooperate with FEV's audit and provide reasonable assistance
and access to information. In addition to any other remedies available to
FEV, the Licensee agrees to pay within thirty (30) days of written
notification any fees and charges applicable to Licensee's use of the
Software and Documentation in excess of Licensee's license rights. FEV
shall not be responsible for the Licensee's costs incurred in cooperating
with the audit. FEV shall comply with the Licensee's reasonable security
procedures while on Licensee's facilities.
4.6 Except as required by applicable law, or as necessary for the Licensee
to enforce or exercise its rights hereunder, the Licensee shall not
disclose the terms of this Agreement or FEV's pricing in connection with
this Agreement to any third-party.
5. MAINTENANCE.
5.1 If the Licensee acquires Maintenance for Software, then during the
applicable Maintenance term and subject to the terms and conditions of this
Agreement, FEV will provide the Licensee with error corrections and
subsequent releases of the Software (and updated Documentation), if any,
that FEV, in its sole discretion, makes generally available at no
additional charge to its end-users who are on Maintenance. Maintenance
shall not entitle the Licensee to any release, option, module, or future
product, which FEV, in its sole discretion, licenses separately or offers
for an additional fee. FEV is under no obligation to develop any future
programs or functionality. FEV reserves the right to discontinue, in whole
or in part, and at any time, offering Maintenance for any Software or
platform.
5.2 Further, if the Licensee acquires Maintenance for Software, during the
applicable Maintenance term and subject to the terms and conditions of this
Agreement, FEV will provide the Licensee with technical support in English
or German via telephone, email and any other means FEV, in its sole
discretion, makes generally available from time to time under technical
support. Technical support is provided only for the then-current major
release and the immediately preceding major release (as designated by FEV)
of the Software, running unaltered, and on an appropriate hardware and
operating system configuration, as specified in the applicable
Documentation. Technical support is limited to reasonable assistance in
response to Licensee's technical support inquiries regarding: (i) Software
installation; (ii) Software errors; and (iii) general questions regarding
the usage of Software features. Technical support does not include
training, consulting, on-site services, or the provision of engineering
judgment for a customer-specific use-case. Upon FEV's request, the Licensee
shall provide information required by FEV to verify that the Licensee and
the specific license are entitled to technical support. To allow FEV to
properly address technical issues, FEV may request that the Licensee
provides files and other materials and information.
5.3 Unless otherwise agreed to by the parties in writing, to purchase any
Maintenance, the Licensee is required to purchase Maintenance for all
Software the Licensee has licensed from FEV. In the event that Maintenance
expires or was not originally purchased, upon the commencement of
Maintenance a reinstatement fee will be assessed in accordance with FEV's
then current policies. In addition to any other remedies available to FEV,
FEV reserves the right to refuse to provide Maintenance if the Licensee is
overdue on any payment obligation under this Agreement.
5.4 FEV's sole and exclusive liability, and Licensee's sole and exclusive
remedy, for a failure to meet any obligation under Maintenance and failure
to cure such deficiency after thirty (30) days written notice will be that
the Licensee may terminate Maintenance for the Software involved and
receive a pro-rata return of any Maintenance fees paid for the remaining
unused Maintenance period of the Software involved. FEV's liability for
damages is exclusively covered by section 13.
6. INSTALLATION AND AUTHORIZATION CODES.
6.1 The Licensee may install the Software only on the applicable License
Server identified in the license offer, provided however that in the case
of a Floating (Network) License or a Named User License or Node-Lock
license the Licensee may install the Software on Licensee's client machines
within the scope of the license type acquired, as long as use of the
Software is controlled by the Licensee's License Server. The Licensee shall
be responsible for installation of the Software and all associated costs.
The Licensee may only relocate the License Server with FEV's prior written
consent.
6.2 The Software may require authorization codes (also known as
"license/download keys") to run. Any such required authorization codes will
be issued in accordance with FEV's then-current license management policy.
The Licensee shall provide FEV with the host identifier and any other
information reasonably required by FEV for each License Server to permit
FEV to generate the necessary authorization codes. No authorization codes
will be provided for any version of the Software which has been replaced by
a more recent version.
6.3 FEV reserves the right to charge FEV's then-current standard hardware
transfer fees whenever FEV, in response to a Licensee request, generates
and delivers to the Licensee replacement authorization codes due to a
change to the License Server. Prior to any such delivery, the Licensee
shall complete, sign and submit FEV's standard hardware transfer request
form. The Licensee may temporarily use the Software on hardware other than
the License Server, to the extent and for as long as the operation of the
Software on the License Server is not possible due to an equipment defect.
FEV does not provide replacement authorization codes for changes to the
License Server if: (i) the average useful life of the Software is exceeded;
(ii) the Software is not supported on the proposed substitute computer;
(iii) the proposed substitute computer is not approved by FEV for the use
of the Software; or if (iv) Licensee is in breach of this Agreement.
7. TERM.
This Agreement will be effective as of the start date as set forth in the
license offer and shall continue in effect in accordance with the Licence
Types specified in the license offer and as set forth in sections 2.1, 2.2
and 2.3, commencing on the start date as specified in the license offer.
8. RENEWAL.
8.1 Lease Licenses.
Unless agreed otherwise for a specific license offer, the initial lease
term shall begin on the start date set forth in license offer and expires
on the end date set forth in the license offer. The Lease License shall be
renewable for a successive term of at least one (1) year. FEV reserves the
right to change pricing for upcoming renewals.
8.2 Maintenance.
Unless agreed otherwise in the license offer, if Maintenance is acquired,
the initial Maintenance term shall begin on the start date set forth in the
license offer and continue until the first anniversary of such start date.
Thereafter, Maintenance under the license offer statement shall
automatically renew for successive annual terms, unless either party
notifies the other in writing of the intent not to renew at least 90 days
prior to any upcoming renewal term. FEV reserves the right to change
pricing for upcoming annual renewals by providing the Licensee with written
notice of the new pricing at least 120 days prior to the upcoming renewal
term in which the new pricing is to take effect. If the Licensee decides
not to renew Maintenance under the new pricing, the Licensee may notify FEV
in writing of the intent not to renew at least 90 days prior to the renewal
term in which the new pricing is to take.
9. (EARLY) TERMINATION.
9.1 This Agreement will remain in full force until terminated in accordance
with this Agreement. Except where otherwise provided in this Agreement,
this Agreement may be terminated as follows: (i) by either party upon not
less than thirty (30) days prior written notice to the other party upon the
occurrence of a material breach by the other party of its obligations under
this Agreement if such breach remains uncured at the end of the notice
period, provided however that no cure period shall apply as to any material
breach of sections 1, 2, 3, 4, 10 of this Agreement by the Licensee and FEV
may terminate this Agreement effective immediately upon written notice; or
(ii) by FEV upon not less than fifteen (15) days prior written notice to
the Licensee, if no licenses are pending under this Agreement (e. g. , no
licenses are purchased by the Licensee or purchased licenses have expired
or are terminated); or (iii) by FEV if the Licensee becomes insolvent or an
order or an application is made or a resolution passed or documents are
filed or faxed with a court for the administration, winding-up or
dissolution of the Licensee (otherwise than for the purposes of a solvent
amalgamation or reconstruction) or an administrative or other receiver,
manager, liquidator, administrator, trustee, supervisor or similar officer
is appointed to the Licensee or over all or any of the assets of the
Licensee or notice is given of the intention to make such an appointment or
a moratorium is sought or declared in respect of the Licensee or the
Licensee enters into or proposes any composition or arrangement with its
creditors generally, or takes any step with a view to rescheduling or
restructuring any of its indebtedness or anything analogous to the
foregoing occurs in any applicable jurisdiction.
9.2 Upon termination of this Agreement, all licenses and Maintenance rights
granted to the Licensee under this Agreement will automatically terminate,
and the Licensee agrees to immediately cease using all Software and
Documentation and promptly uninstall and erase all Software and
Documentation and related authorization codes from all Licensee's
computers. Within fifteen (15) days following termination, the Licensee
shall return or destroy (at FEV's sole option) all originals and copies of
the Software and related authorization codes and Documentation, and upon
FEV's request, certify in writing that it has returned or destroyed (as
applicable) all such originals and copies. Termination of this Agreement
shall not relieve the parties from any obligation accrued before the date
of termination. Provisions that survive termination of this Agreement
include those in sections 4, 5.4, 7, 10, 11, 12, 13, 14, 15 and others
which by their nature are intended to survive.
10. EXPORT RESTRICTIONS.
The Licensee acknowledges that this Agreement and all orders and licenses
hereunder are subject to German and United States and other applicable laws
and regulations relating to export controls. The Licensee shall comply with
all applicable export control laws and regulations and further agrees not
to export or re-export the Software, Documentation, technical data or other
deliverables provided under this Agreement without: (i) FEV's prior written
approval; and (ii) obtaining, at Licensee's sole cost and expense, any
required authorization from the applicable governmental authority as may be
required by law. Upon FEV's request, the Licensee shall promptly cooperate
with FEV and provide FEV with any end- user certificates, affidavits, or
other documents reasonably requested by FEV in connection with the
exporting or importing of any products or services under this Agreement.
11. FEES, TAXES AND PAYMENT.
11.1 The Licensee shall pay in full all fees payable under this Agreement,
including all fees under any order. Fees are exclusive of all applicable
sales, use, value added, and other taxes (and all applicable tariffs,
customs duties and similar charges), and the Licensee will be responsible
for payment of all such taxes (other than taxes based on FEV's net income),
tariffs, duties and charges (and any related penalties and interest),
payable in connection with this Agreement or the provision of Software and
Maintenance hereunder. If the Licensee is claiming tax exemption status,
Licensee must provide a copy of a valid tax exemption certificate.
11.2 All fees will be due and payable in EURO within thirty (30) days from
the invoice date. Any amount not paid within 30 days from receipt of the
invoice will bear interest until paid at the rate of 8 percent points per
annum above the applicable base rate. In addition, the Licensee will
reimburse FEV for any reasonable legal fees and other costs and expenses
incurred in collecting past due amounts. Licensee's payment obligations
under this Agreement and any order are non-cancellable and the sums paid
nonrefundable, except as expressly stated otherwise in this Agreement.
11.3 The Licensee may perform a set-off only with counterclaims that are
uncontested or have been decided res judicata or assert a right of
retention based on such claims.
12. WARRANTY; LIMITATIONS.
12.1 The Software when used as permitted under this Agreement and in
accordance with the instructions in the Documentation (including use on a
computer hardware and operating system platform supported by FEV) will
conform substantially to its associated Documentation. For Software used
under a Paid-up License the warranty period shall be limited to twelve (12)
months from the delivery date. Any claim by the Licensee of a defect must
be noticed.
12.2 Guarantees shall be binding on FEV only if designated as such in an
offer and the corresponding license offer also specifying in detail FEV's
obligations arising from such guarantee.
12.3 The Licensee's exclusive remedy, and FEV's sole liability, for
Software that does not meet the requirements set forth in section 12.1 will
be, at FEV's option: (i) to correct the defective Software within a
reasonable time; (ii) to replace the defective Software with another FEV
software offering of substantially similar functionality; or (iii) if (i)
or (ii) fail, permit the Licensee to (in case of a Lease License) terminate
or (in case of a Paid-up License) rescind the license as to the defective
Software. In case of termination or rescission, associated, unused
Maintenance fees actually paid to FEV will be refunded. FEV will have no
responsibility or obligation with respect to: (a) any Software that has
been modified by anyone other than FEV or its agents, or (b) failure of the
Software caused by the Licensee or its agents through accident, abuse or
misapplication. FEV may refuse to correct or replace the defective Software
if the defect is immaterial. In such cases, any right to withdraw from the
Agreement and any claim for compensation of expenses after remedy of the
defective Software by the Licensee itself shall be excluded.
12.4 The Licensee's claims for defective Software are excluded if the
Licensee does not give written notification of defects at the latest within
one week of delivery of the Software, and upon delivery non-recognizable
defects at the latest within one week of their discovery.
12.5 The rights of the Licensee under section 12.1 shall not exist in the
case of non-reproducible defects or defects caused by the use of the
Software in excess of the rights granted by means of this Agreement or in
derogation of the instructions set out in the Documentation, especially the
use of the Software on a platform not supported by FEV, the use of the
Software in connection with data and programs not supplied by FEV, or
created through the inadmissible modification of the Software by the
Licensee.
12.6 Any further warranty claims whatsoever shall be excluded without
prejudice to any claims for damage and infringement of intellectual
property rights restricted subject to the rights pursuant to sections 13
and 14.
13. LIABILITY; LIMITATIONS.
13.1 The Licensee acknowledges that the Software along with the
Documentation, Maintenance and any Services provided hereunder are only an
aid in the Licensee's development of Licensee's products and is not
intended as a substitute for engineering judgment. FEV will not be liable
in any manner whatsoever for the data output obtained through use of the
Software. The Licensee shall, at its own expense, indemnify, defend and
hold FEV harmless from and against any claim(s) brought against FEV by a
third party arising out of, or related to, the Licensee's use of the data
output and/or expected commercial success obtained from use of the
Software.
13.2 FEV shall be liable for damage only to the extent that (i) it is
caused by FEV through gross negligence if such is due to a material breach
of duty, which endangers the achievement of the objective of the Agreement,
or to a failure to comply with duties, the very fulfillment of which is an
essential prerequisite for the proper performance of the Agreement and on
the observance of which the Licensee may rely; or (ii) it is caused by
gross negligence or willful intent on FEV's part; or (iii) results from the
assumption of a guarantee.
13.3 If FEV is (i) liable in the cases of section 13.2 (i); or (ii) for a
grossly negligent violation through simple vicarious agents (i. e. not
officers or executives) of FEV; or (iii) in the event of the assumption of
a guarantee, unless a guarantee was expressly assumed by FEV as seller
and/or entrepreneur towards the Licensee as purchaser and/or ordering party
for the condition of the Software and/or the rendering of a performance
intended to bring about a certain result, FEV's liability shall be
restricted to the damage typically foreseeable for such type of Agreement.
13.4 In the cases of section 13.2 no liability shall exist for indirect
damage, consequential damage caused by defect or loss of profit.
13.5 In the cases of section 13.2 and 13.3 FEV's entire liability shall be
limited to EUROS 100,000.00 for personal injury and damage to property, and
to the existing order value for mere pecuniary losses.
13.6 The Licensee shall take adequate precautionary measures against the
loss of data, in particular by making, at least once daily, back-up copies
of all programs and data in machine-readable form. FEV shall not be liable
for the loss of data and programs to the extent that this would have been
avoidable by adherence to this obligation. In all other points, any
liability on FEV's part for loss of data shall be subject to the
limitations of this section 13.
13.7 In the cases mentioned in section 13.2, the Licensee's claims for
damages shall become statute-barred at the latest two (2) years from the
date on which the Licensor obtains knowledge of the damage, irrespective of
this knowledge, the Licensee's claims for damages in the cases mentioned in
section 13.2 shall become statute-barred at the latest three (3) years from
the date of the damaging event. For claims based on defects, the statute of
limitations under section 12.1 shall apply. For claims based on the
infringement of intellectual property rights of third parties, the statute
of limitations pursuant to section 14.4 shall apply.
13.8 Except for cases of liability under the German Product Liability Act,
in the event of injury to life, body and health, for defects after
assumption of a guarantee by FEV as seller and/or entrepreneur towards the
Licensee as purchaser and/or ordering party for the condition of the
Software and/or the rendering of a performance intended to bring about a
certain result, or in the event of fraudulently concealed defects, the
foregoing liability restrictions and statute of limitations shall apply for
all claims for damages, irrespective of their legal cause, including claims
based on tort.
13.9 If the Licensee acquired a Lease License, the liability of FEV for
initial defects of the Software irrespective of fault (sec. 536a(1)(1)
German Civil Code [BGB]) is excluded.
13.10 The aforementioned liability restrictions shall include claims
against employees of, or persons authorized by, FEV.
14. INTELLECTUAL PROPERTY INDEMNITY.
14.1 FEV shall, at its own expense and subject to the terms of this
Agreement indemnify, defend and hold the Licensee harmless from and against
any claim(s) brought against the Licensee by a third party alleging that
the Software or any portion thereof as furnished under this Agreement and
used within the scope of the licenses granted to the Licensee infringes any
copyrights, trademarks or patents, provided that the Licensee gives FEV:
(i) prompt written notice of such claim; (ii) assistance and information
reasonably requested by FEV; and (iii) the sole authority to defend and
settle such claim.
14.2 Notwithstanding the provision of section 14.1, FEV shall have no
liability for any infringement arising from: (i) the integration or
combination of the Software together with other software, materials or
products not integrated or combined by FEV, if the infringement would have
been avoided in the absence of such integration or combination; (ii) the
use of other than a current unaltered release of the Software available
from FEV, if the infringement would have been avoided by the use of the
then-current release; (iii) modifications to the Software that were not
authorized by FEV or were undertaken at the request of or direction of the
Licensee; or (iv) Licensee's use of the Software in a manner that does not
comply with this Agreement.
14.3 If the Software becomes, or in FEV's opinion is likely to become, the
subject of an infringement claim, FEV may, at its sole option and expense,
either: (i) substitute non- infringing software of substantially similar
functionality; (ii) modify the infringing Software so that it no longer
infringes but remains substantially similar in functionality; (iii) obtain
for the Licensee, at FEV's expense, the right to continue use of such
Software; or (iv) if none of the foregoing is commercially feasible, FEV
will take back the Software involved, and grant the Licensee a refund or
credit for the unused portion of the license fee and associated unused
Maintenance fees actually paid to FEV for the Software involved, using a
straight line amortization over sixty (60) months from initial delivery for
Paid-up License(s). This section 14 states FEV's entire liability and
Licensee's sole and exclusive remedy for infringement claims and actions.
14.4 With the exception of claims based on malice, any claims of the
Licensee under sections 14.1 and 14.3 shall become statute-barred within
twelve (12) months of delivery of the Software.
15. MISCELLANEOUS.
15.1 THIRD PARTY SOFTWARE.
The Software may be accompanied by or contain certain third party software,
including open source software (collectively, "Third Party Software"), for
which FEV is required to pass-through to its Licensees certain additional
terms and conditions and/or notices. Such required Third Party Software
terms and conditions and/or notices are published on a regular base by FEV
on UniPlot website. The Licensee agrees to be bound by and comply with the
applicable Third Party Software terms and conditions, if any. THIRD PARTY
SOFTWARE IS PROVIDED "AS-IS", WITHOUT WARRANTIES OR LIABILITY OF ANY KIND
BY FEV.
15.2 ASSIGNMENT AND TRANSFER.
This Agreement shall inure to the benefit of and be binding upon the
parties and their respective successors and permitted assigns. However, the
Licensee may not assign or transfer, by operation of law or otherwise, this
Agreement (or any of the licenses or other rights or obligations
hereunder), without FEV's prior written consent. Any attempted assignment
or transfer in violation of the foregoing will be void. FEV may subcontract
a service, or any part of it, to subcontractors selected by FEV, provided
that FEV will remain responsible to the Licensee for such subcontractor's
performance in accordance with this Agreement.
15.3 GOVERNING LAW AND DISPUTE RESOLUTION.
This Agreement shall be construed and disputes hereunder shall be settled
under the laws of the Federal Republic of Germany to the exclusion of the
rules of private international law. FEV and the Licensee agree to submit to
the exclusive jurisdiction of, and venue in, the courts of Regional Court
of Aachen, Germany, in any dispute arising out of or relating to this
Agreement. The U. N. Convention on Contracts for the International Sale of
Goods will not apply to this Agreement.
15.4 FORCE MAJEURE.
Neither party shall be liable in damages or have the right to terminate
this Agreement for any delay or default in performing hereunder if such
delay or default is caused by conditions beyond its control including, but
not limited to Acts of God, Government restrictions (including the denial
or cancellation of any export or other necessary license), wars, terrorist
acts, insurrections, civil disturbance, fire, flood, earthquake, acts or
defaults of common carriers, and/or any other cause, contingency or
circumstance beyond the reasonable control of the party whose performance
is affected. The affected party will resume full performance of interrupted
obligations as soon as practicable upon cessation of intervening causes.
15.5 ENTIRE AGREEMENT.
This Agreement including the license offer and any amendment to this
Agreement constitute the entire agreement of the parties and supersedes all
prior or contemporaneous communications, understandings and agreements
relating to the subject matter hereof, whether oral or written.
15.6 AMENDMENT.
No modification or claimed waiver of any provision of this Agreement shall
be valid except by written amendment signed by authorized representatives
of Licensor and Licensee.
15.7 SEVERABILITY.
To the extent the terms of any FEV policies or programs for support
services conflict with the terms of this Agreement, the terms of this
Agreement shall control. If any provision or provisions of this Agreement
shall be held to be void, invalid, illegal, unenforceable or in conflict
with the law of any jurisdiction, the validity, legality and enforceability
of the remaining provisions shall not in any way be affected or impaired
thereby. The parties further agree to substitute a valid provision for the
invalid provision which most closely approximates the intent and economic
effect of the invalid provision.
15.8 WAIVER OF CONTRACTUAL RIGHT.
Waiver of any provision herein shall not be deemed a waiver of any other
provision herein, nor shall waiver of any breach of this Agreement be
construed as a continuing waiver of other breaches of the same or other
provisions of this Agreement.
15.9 NOTICES.
All notices given pursuant to this Agreement shall be in writing and may be
hand delivered(including courier service), or shall be deemed received
within five (5) days after mailing if sent by registered or certified mail,
return receipt requested. If any notice is sent by facsimile, confirmation
copies must be sent by mail or hand delivery to the specified address.
Notices shall be effective upon receipt. Either party may from time to time
change its Notice Address by written notice to the other party.
If to Licensor:
Attn: Legal Department
FEV Software & Testing Solutions GmbH
Neuenhof Straße 181
52078 Aachen Germany
15.10 The section headings in this Agreement are for convenience only and
will not be of any effect in constructing the meaning of the sections.
15.11 The Licensee acknowledges and agrees that any and all consulting and
engineering services performed or to be performed by FEV for the Licensee
are independent of Licensee's purchase and use of the Software. The
Licensee further agrees that payment under this Agreement for items
purchased hereunder is in no way dependent or in any other way associated
with the commencement, completion or delivery of consulting or engineering
services.
16 DATA PROTECTION:
To provide the licensee with updated information on his maintenance
contract and allow him to download updates of the software, weekly or
monthly (depending on licensee needs) connection to UniPlot's website are
done. During this connection the licensee's key is shared with UniPlot's
website.
FEV Software and Testing Solutions GmbH
Neuenhofstrasse 181
52078 Aachen Germany
http://www.uniplot.com
E-Mail: support@uniplot.de
Tel: +49(0)3495/49039190
Fax: +49(0)241/5689119
netCDF¶
Copyright 1993-2002 University Corporation for Atmospheric Research/Unidata
Portions of this software were developed by the Unidata Program at the University
Corporation for Atmospheric Research.
Access and use of this software shall impose the following obligations and
understandings on the user. The user is granted the right, without any fee or
cost, to use, copy, modify, alter, enhance and distribute this software, and any
derivative works thereof, and its supporting documentation for any purpose
whatsoever, provided that this entire notice appears in all copies of the
software, derivative works and supporting documentation. Further, UCAR requests
that the user credit UCAR/Unidata in any publications that result from the use of
this software or in any product that includes this software. The names UCAR
and/or Unidata, however, may not be used in any advertising or publicity to
endorse or promote any products or commercial entity unless specific written
permission is obtained from UCAR/Unidata. The user also understands that
UCAR/Unidata is not obligated to provide the user with any support, consulting,
training or assistance of any kind with regard to the use, operation and
performance of this software nor to provide the user with any updates, revisions,
new versions or "bug fixes."
THIS SOFTWARE IS PROVIDED BY UCAR/UNIDATA "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 UCAR/UNIDATA BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN
AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE ACCESS, USE OR PERFORMANCE OF THIS SOFTWARE.
Scintilla¶
License for Scintilla and SciTE
Copyright 1998-2002 by Neil Hodgson <neilh@scintilla.org>
All Rights Reserved
Permission to use, copy, modify, and distribute this software and its
documentation for any purpose and without fee is hereby granted,
provided that the above copyright notice appear in all copies and that
both that copyright notice and this permission notice appear in
supporting documentation.
NEIL HODGSON DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS
SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS, IN NO EVENT SHALL NEIL HODGSON BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE
OR PERFORMANCE OF THIS SOFTWARE.
VTK¶
Copyright (c) 1993-2001 Ken Martin, Will Schroeder, Bill Lorensen 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 name of Ken Martin, Will Schroeder, or Bill Lorensen nor the names
of any contributors may be used to endorse or promote products derived
from this software without specific prior written permission.
* Modified source versions must be plainly marked as such, and must not be
misrepresented as being the original software.
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 AUTHORS 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.
PCRE¶
PCRE LICENCE
------------
PCRE is a library of functions to support regular expressions whose syntax
and semantics are as close as possible to those of the Perl 5 language.
Release 8 of PCRE is distributed under the terms of the "BSD" licence, as
specified below. The documentation for PCRE, supplied in the "doc"
directory, is distributed under the same terms as the software itself.
The basic library functions are written in C and are freestanding. Also
included in the distribution is a set of C++ wrapper functions.
THE BASIC LIBRARY FUNCTIONS
---------------------------
Written by: Philip Hazel
Email local part: ph10
Email domain: cam.ac.uk
University of Cambridge Computing Service,
Cambridge, England.
Copyright (c) 1997-2009 University of Cambridge
All rights reserved.
THE C++ WRAPPER FUNCTIONS
-------------------------
Contributed by: Google Inc.
Copyright (c) 2007-2008, Google Inc.
All rights reserved.
THE "BSD" LICENCE
-----------------
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 the University of Cambridge nor the name of Google
Inc. nor the names of their 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.
End
zlib¶
(C) 1995-2002 Jean-loup Gailly and Mark Adler
This software is provided 'as-is', without any express or implied
warranty. In no event will the authors be held liable for any damages
arising from the use of this software.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter it and redistribute it
freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not
claim that you wrote the original software. If you use this software
in a product, an acknowledgment in the product documentation would be
appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be
misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
Jean-loup Gailly Mark Adler
jloup@gzip.org madler@alumni.caltech.edu
LZF¶
Copyright (c) 2000-2007 Marc Alexander Lehmann <schmorp@schmorp.de>
Redistribution and use in source and binary forms, with or without modifica-
tion, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
2. 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.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MER-
CHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO
EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPE-
CIAL, 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 OTH-
ERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
expat¶
Copyright (c) 1998, 1999, 2000 Thai Open Source Software Center Ltd
and Clark Cooper
Copyright (c) 2001, 2002 Expat maintainers.
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.
qhull¶
Qhull, Copyright (c) 1993-2002
The National Science and Technology Research Center for
Computation and Visualization of Geometric Structures
(The Geometry Center)
University of Minnesota
400 Lind Hall
207 Church Street S.E.
Minneapolis, MN 55455 USA
email: qhull@geom.umn.edu
This software includes Qhull from The Geometry Center. Qhull is
copyrighted as noted above. Qhull is free software and may be obtained
via http from www.geom.umn.edu. It may be freely copied, modified,
and redistributed under the following conditions:
1. All copyright notices must remain intact in all files.
2. A copy of this text file must be distributed along with any copies
of Qhull that you redistribute; this includes copies that you have
modified, or copies of programs or other software products that
include Qhull.
3. If you modify Qhull, you must include a notice giving the
name of the person performing the modification, the date of
modification, and the reason for such modification.
4. When distributing modified versions of Qhull, or other software
products that include Qhull, you must provide notice that the original
source code may be obtained as noted above.
5. There is no warranty or other guarantee of fitness for Qhull, it is
provided solely "as is". Bug reports or fixes may be sent to
qhull_bug@geom.umn.edu; the authors may or may not act on them as
they desire.
jpeg¶
In plain English:
1. We don't promise that this software works. (But if you find any bugs,
please let us know!)
2. You can use this software for whatever you want. You don't have to pay us.
3. You may not pretend that you wrote this software. If you use it in a
program, you must acknowledge somewhere in your documentation that
you've used the IJG code.
In legalese:
The authors make NO WARRANTY or representation, either express or implied,
with respect to this software, its quality, accuracy, merchantability, or
fitness for a particular purpose. This software is provided "AS IS", and you,
its user, assume the entire risk as to its quality and accuracy.
This software is copyright (C) 1991-1998, Thomas G. Lane.
All Rights Reserved except as specified below.
Permission is hereby granted to use, copy, modify, and distribute this
software (or portions thereof) for any purpose, without fee, subject to these
conditions:
(1) If any part of the source code for this software is distributed, then this
README file must be included, with this copyright and no-warranty notice
unaltered; and any additions, deletions, or changes to the original files
must be clearly indicated in accompanying documentation.
(2) If only executable code is distributed, then the accompanying
documentation must state that "this software is based in part on the work of
the Independent JPEG Group".
(3) Permission for use of this software is granted only if the user accepts
full responsibility for any undesirable consequences; the authors accept
NO LIABILITY for damages of any kind.
These conditions apply to any software derived from or based on the IJG code,
not just to the unmodified library. If you use our work, you ought to
acknowledge us.
Permission is NOT granted for the use of any IJG author's name or company name
in advertising or publicity relating to this software or products derived from
it. This software may be referred to only as "the Independent JPEG Group's
software".
We specifically permit and encourage the use of this software as the basis of
commercial products, provided that all warranty or liability claims are
assumed by the product vendor.
ansi2knr.c is included in this distribution by permission of L. Peter Deutsch,
sole proprietor of its copyright holder, Aladdin Enterprises of Menlo Park, CA.
ansi2knr.c is NOT covered by the above copyright and conditions, but instead
by the usual distribution terms of the Free Software Foundation; principally,
that you must include source code if you redistribute it. (See the file
ansi2knr.c for full details.) However, since ansi2knr.c is not needed as part
of any program generated from the IJG code, this does not limit you more than
the foregoing paragraphs do.
The Unix configuration script "configure" was produced with GNU Autoconf.
It is copyright by the Free Software Foundation but is freely distributable.
The same holds for its supporting scripts (config.guess, config.sub,
ltconfig, ltmain.sh). Another support script, install-sh, is copyright
by M.I.T. but is also freely distributable.
It appears that the arithmetic coding option of the JPEG spec is covered by
patents owned by IBM, AT&T, and Mitsubishi. Hence arithmetic coding cannot
legally be used without obtaining one or more licenses. For this reason,
support for arithmetic coding has been removed from the free JPEG software.
(Since arithmetic coding provides only a marginal gain over the unpatented
Huffman mode, it is unlikely that very many implementations will support it.)
So far as we are aware, there are no patent restrictions on the remaining
code.
The IJG distribution formerly included code to read and write GIF files.
To avoid entanglement with the Unisys LZW patent, GIF reading support has
been removed altogether, and the GIF writer has been simplified to produce
"uncompressed GIFs". This technique does not use the LZW algorithm; the
resulting GIF files are larger than usual, but are readable by all standard
GIF decoders.
We are required to state that
"The Graphics Interchange Format(c) is the Copyright property of
CompuServe Incorporated. GIF(sm) is a Service Mark property of
CompuServe Incorporated."
png¶
This copy of the libpng notices is provided for your convenience. In case of
any discrepancy between this copy and the notices in the file png.h that is
included in the libpng distribution, the latter shall prevail.
COPYRIGHT NOTICE, DISCLAIMER, and LICENSE:
If you modify libpng you may insert additional notices immediately following
this sentence.
libpng versions 1.0.7, July 1, 2000, through 1.2.4, July 8, 2002, are
Copyright (c) 2000-2002 Glenn Randers-Pehrson
and are distributed according to the same disclaimer and license as libpng-1.0.6
with the following individuals added to the list of Contributing Authors
Simon-Pierre Cadieux
Eric S. Raymond
Gilles Vollant
and with the following additions to the disclaimer:
There is no warranty against interference with your enjoyment of the
library or against infringement. There is no warranty that our
efforts or the library will fulfill any of your particular purposes
or needs. This library is provided with all faults, and the entire
risk of satisfactory quality, performance, accuracy, and effort is with
the user.
libpng versions 0.97, January 1998, through 1.0.6, March 20, 2000, are
Copyright (c) 1998, 1999 Glenn Randers-Pehrson, and are
distributed according to the same disclaimer and license as libpng-0.96,
with the following individuals added to the list of Contributing Authors:
Tom Lane
Glenn Randers-Pehrson
Willem van Schaik
libpng versions 0.89, June 1996, through 0.96, May 1997, are
Copyright (c) 1996, 1997 Andreas Dilger
Distributed according to the same disclaimer and license as libpng-0.88,
with the following individuals added to the list of Contributing Authors:
John Bowler
Kevin Bracey
Sam Bushell
Magnus Holmgren
Greg Roelofs
Tom Tanner
libpng versions 0.5, May 1995, through 0.88, January 1996, are
Copyright (c) 1995, 1996 Guy Eric Schalnat, Group 42, Inc.
For the purposes of this copyright and license, "Contributing Authors"
is defined as the following set of individuals:
Andreas Dilger
Dave Martindale
Guy Eric Schalnat
Paul Schmidt
Tim Wegner
The PNG Reference Library is supplied "AS IS". The Contributing Authors
and Group 42, Inc. disclaim all warranties, expressed or implied,
including, without limitation, the warranties of merchantability and of
fitness for any purpose. The Contributing Authors and Group 42, Inc.
assume no liability for direct, indirect, incidental, special, exemplary,
or consequential damages, which may result from the use of the PNG
Reference Library, even if advised of the possibility of such damage.
Permission is hereby granted to use, copy, modify, and distribute this
source code, or portions hereof, for any purpose, without fee, subject
to the following restrictions:
1. The origin of this source code must not be misrepresented.
2. Altered versions must be plainly marked as such and must not
be misrepresented as being the original source.
3. This Copyright notice may not be removed or altered from any
source or altered source distribution.
The Contributing Authors and Group 42, Inc. specifically permit, without
fee, and encourage the use of this source code as a component to
supporting the PNG file format in commercial products. If you use this
source code in a product, acknowledgment is not required but would be
appreciated.
A "png_get_copyright" function is available, for convenient use in "about"
boxes and the like:
printf("%s",png_get_copyright(NULL));
Also, the PNG logo (in PNG format, of course) is supplied in the
files "pngbar.png" and "pngbar.jpg (88x31) and "pngnow.png" (98x31).
Libpng is OSI Certified Open Source Software. OSI Certified Open Source is a
certification mark of the Open Source Initiative.
Glenn Randers-Pehrson
randeg@alum.rpi.edu
July 8, 2002
cxImage¶
CxImage is open source and licensed under the zlib license.
(http://opensource.org/licenses/zlib-license.html)
CxImage version 5.99c 17/Oct/2004
CxImage : Copyright (C) 2001 - 2004, Davide Pizzolato
Original CImage and CImageIterator implementation are:
Copyright (C) 1995, Alejandro Aguilar Sierra (asierra(at)servidor(dot)unam(dot)mx)
Covered code is provided under this license on an "as is" basis, without
warranty of any kind, either expressed or implied, including, without
limitation, warranties that the covered code is free of defects,
merchantable, fit for a particular purpose or non-infringing. The entire
risk as to the quality and performance of the covered code is with you.
Should any covered code prove defective in any respect, you (not the
initial developer or any other contributor) assume the cost of any
necessary servicing, repair or correction. This disclaimer of warranty
constitutes an essential part of this license. No use of any covered code
is authorized hereunder except under this disclaimer.
Permission is hereby granted to use, copy, modify, and distribute this
source code, or portions hereof, for any purpose, including commercial
applications, freely and without fee, subject to the following
restrictions:
1. The origin of this software must not be misrepresented; you must not
claim that you wrote the original software. If you use this software in
a product, an acknowledgment in the product documentation would be
appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be
misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
nullsoft Installer¶
license
Copyright (C) 1999-2001 Nullsoft, Inc.
This software is provided 'as-is', without any express or implied
warranty. In no event will the authors be held liable for any damages
arising from the use of this software.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter it and redistribute it
freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not
claim that you wrote the original software. If you use this software
in a product, an acknowledgment in the product documentation would be
appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be
misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
libffi¶
license
libffi - Copyright (c) 1996-2008 Red Hat, Inc and others.
See source files for details.
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.
HDF5¶
Copyright Notice and License Terms for
HDF5 (Hierarchical Data Format 5) Software Library and Utilities
-----------------------------------------------------------------------------
HDF5 (Hierarchical Data Format 5) Software Library and Utilities
Copyright 2006-2012 by The HDF Group.
NCSA HDF5 (Hierarchical Data Format 5) Software Library and Utilities
Copyright 1998-2006 by the Board of Trustees of the University of Illinois.
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted for any purpose (including commercial purposes)
provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice,
this list of conditions, and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions, and the following disclaimer in the documentation
and/or materials provided with the distribution.
3. In addition, redistributions of modified forms of the source or binary
code must carry prominent notices stating that the original code was
changed and the date of the change.
4. All publications or advertising materials mentioning features or use of
this software are asked, but not required, to acknowledge that it was
developed by The HDF Group and by the National Center for Supercomputing
Applications at the University of Illinois at Urbana-Champaign and
credit the contributors.
5. Neither the name of The HDF Group, the name of the University, nor the
name of any Contributor may be used to endorse or promote products derived
from this software without specific prior written permission from
The HDF Group, the University, or the Contributor, respectively.
DISCLAIMER:
THIS SOFTWARE IS PROVIDED BY THE HDF GROUP AND THE CONTRIBUTORS
"AS IS" WITH NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. In no
event shall The HDF Group or the Contributors be liable for any damages
suffered by the users arising out of the use of this software, even if
advised of the possibility of such damage.
-----------------------------------------------------------------------------
-----------------------------------------------------------------------------
Contributors: National Center for Supercomputing Applications (NCSA) at
the University of Illinois, Fortner Software, Unidata Program Center (netCDF),
The Independent JPEG Group (JPEG), Jean-loup Gailly and Mark Adler (gzip),
and Digital Equipment Corporation (DEC).
-----------------------------------------------------------------------------
Portions of HDF5 were developed with support from the Lawrence Berkeley
National Laboratory (LBNL) and the United States Department of Energy
under Prime Contract No. DE-AC02-05CH11231.
-----------------------------------------------------------------------------
Portions of HDF5 were developed with support from the University of
California, Lawrence Livermore National Laboratory (UC LLNL).
The following statement applies to those portions of the product and must
be retained in any redistribution of source code, binaries, documentation,
and/or accompanying materials:
This work was partially produced at the University of California,
Lawrence Livermore National Laboratory (UC LLNL) under contract
no. W-7405-ENG-48 (Contract 48) between the U.S. Department of Energy
(DOE) and The Regents of the University of California (University)
for the operation of UC LLNL.
DISCLAIMER:
This work was prepared as an account of work sponsored by an agency of
the United States Government. Neither the United States Government nor
the University of California nor any of their employees, makes any
warranty, express or implied, or assumes any liability or responsibility
for the accuracy, completeness, or usefulness of any information,
apparatus, product, or process disclosed, or represents that its use
would not infringe privately- owned rights. Reference herein to any
specific commercial products, process, or service by trade name,
trademark, manufacturer, or otherwise, does not necessarily constitute
or imply its endorsement, recommendation, or favoring by the United
States Government or the University of California. The views and
opinions of authors expressed herein do not necessarily state or reflect
those of the United States Government or the University of California,
and shall not be used for advertising or product endorsement purposes.
-----------------------------------------------------------------------------
kazlib¶
/* Copyright 1996-2012
* Kaz Kylheku <kaz@kylheku.com>
* Vancouver, Canada
* All rights reserved.
*
* BSD License:
*
* Redistribution and use in source and binary forms, with or without
* modification, are permitted provided that the following conditions
* are met:
*
* 1. Redistributions of source code must retain the above copyright
* notice, this list of conditions and the following disclaimer.
* 2. 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.
* 3. The name of the author may not be used to endorse or promote
* products derived from this software without specific prior
* written permission.
*
* THIS SOFTWARE IS PROVIDED ``AS IS'' AND WITHOUT ANY EXPRESS OR
* IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
* WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
*/
upfirdn (Polyphase FIR Resampling)¶
Copyright (c) 2009, Motorola, 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 Motorola 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.
LZ4¶
LZ4 - Fast LZ compression algorithm
Copyright (C) 2011-2013, Yann Collet.
BSD 2-Clause License (http://www.opensource.org/licenses/bsd-license.php)
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.
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.
You can contact the author at :
- LZ4 homepage : http://fastcompression.blogspot.com/p/lz4.html
- LZ4 source repository : http://code.google.com/p/lz4/
libxml2¶
Except where otherwise noted in the source code (e.g. the files hash.c,
list.c and the trio files, which are covered by a similar licence but
with different Copyright notices) all the files are:
Copyright (C) 1998-2003 Daniel Veillard. All Rights Reserved.
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 fur-
nished 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, FIT-
NESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
DANIEL VEILLARD BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER
IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CON-
NECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Except as contained in this notice, the name of Daniel Veillard shall not
be used in advertising or otherwise to promote the sale, use or other deal-
ings in this Software without prior written authorization from him.
Color Brewer¶
Apache-Style Software License for ColorBrewer software and ColorBrewer Color
Schemes
Copyright (c) 2002 Cynthia Brewer, Mark Harrower, and The Pennsylvania State
University.
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.
cURL Library (http://curl.haxx.se)¶
COPYRIGHT AND PERMISSION NOTICE
Copyright (c) 1996 - 2014, Daniel Stenberg, daniel@haxx.se.
All rights reserved.
Permission to use, copy, modify, and distribute this software for any purpose
with or without fee is hereby granted, provided that the above copyright
notice and this permission notice appear in all copies.
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 OF THIRD PARTY RIGHTS.
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.
Except as contained in this notice, the name of a copyright holder shall not
be used in advertising or otherwise to promote the sale, use or other dealings
in this Software without prior written authorization of the copyright holder.
OpenSSL¶
LICENSE ISSUES
==============
The OpenSSL toolkit stays under a dual license, i.e. both the conditions of
the OpenSSL License and the original SSLeay license apply to the toolkit.
See below for the actual license texts. Actually both licenses are BSD-style
Open Source licenses. In case of any license issues related to OpenSSL
please contact openssl-core@openssl.org.
OpenSSL License
---------------
/* ====================================================================
* Copyright (c) 1998-2011 The OpenSSL Project. All rights reserved.
*
* Redistribution and use in source and binary forms, with or without
* modification, are permitted provided that the following conditions
* are met:
*
* 1. Redistributions of source code must retain the above copyright
* notice, this list of conditions and the following disclaimer.
*
* 2. 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.
*
* 3. All advertising materials mentioning features or use of this
* software must display the following acknowledgment:
* "This product includes software developed by the OpenSSL Project
* for use in the OpenSSL Toolkit. (http://www.openssl.org/)"
*
* 4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to
* endorse or promote products derived from this software without
* prior written permission. For written permission, please contact
* openssl-core@openssl.org.
*
* 5. Products derived from this software may not be called "OpenSSL"
* nor may "OpenSSL" appear in their names without prior written
* permission of the OpenSSL Project.
*
* 6. Redistributions of any form whatsoever must retain the following
* acknowledgment:
* "This product includes software developed by the OpenSSL Project
* for use in the OpenSSL Toolkit (http://www.openssl.org/)"
*
* THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY
* EXPRESSED 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 OpenSSL PROJECT OR
* ITS 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.
* ====================================================================
*
* This product includes cryptographic software written by Eric Young
* (eay@cryptsoft.com). This product includes software written by Tim
* Hudson (tjh@cryptsoft.com).
*
*/
Original SSLeay License
-----------------------
/* Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com)
* All rights reserved.
*
* This package is an SSL implementation written
* by Eric Young (eay@cryptsoft.com).
* The implementation was written so as to conform with Netscapes SSL.
*
* This library is free for commercial and non-commercial use as long as
* the following conditions are aheared to. The following conditions
* apply to all code found in this distribution, be it the RC4, RSA,
* lhash, DES, etc., code; not just the SSL code. The SSL documentation
* included with this distribution is covered by the same copyright terms
* except that the holder is Tim Hudson (tjh@cryptsoft.com).
*
* Copyright remains Eric Young's, and as such any Copyright notices in
* the code are not to be removed.
* If this package is used in a product, Eric Young should be given attribution
* as the author of the parts of the library used.
* This can be in the form of a textual message at program startup or
* in documentation (online or textual) provided with the package.
*
* Redistribution and use in source and binary forms, with or without
* modification, are permitted provided that the following conditions
* are met:
* 1. Redistributions of source code must retain the copyright
* notice, this list of conditions and the following disclaimer.
* 2. 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.
* 3. All advertising materials mentioning features or use of this software
* must display the following acknowledgement:
* "This product includes cryptographic software written by
* Eric Young (eay@cryptsoft.com)"
* The word 'cryptographic' can be left out if the rouines from the library
* being used are not cryptographic related :-).
* 4. If you include any Windows specific code (or a derivative thereof) from
* the apps directory (application code) you must include an acknowledgement:
* "This product includes software written by Tim Hudson (tjh@cryptsoft.com)"
*
* THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``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 AUTHOR 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.
*
* The licence and distribution terms for any publically available version or
* derivative of this code cannot be changed. i.e. this code cannot simply be
* copied and put under another distribution licence
* [including the GNU Public Licence.]
*/
libssh2¶
/* Copyright (c) 2004-2007 Sara Golemon <sarag@libssh2.org>
* Copyright (c) 2005,2006 Mikhail Gusarov <dottedmag@dottedmag.net>
* Copyright (c) 2006-2007 The Written Word, Inc.
* Copyright (c) 2007 Eli Fant <elifantu@mail.ru>
* Copyright (c) 2009 Daniel Stenberg
* Copyright (C) 2008, 2009 Simon Josefsson
* 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 the copyright holder nor the names
* of any other 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.
*/
id-1146923