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- ---------------------------------------------------------------------------
- XENONSOFT PUBLIC END USER LICENSE AGREEMENT 1.00
- ---------------------------------------------------------------------------
- Copyright (C) 1999 Xenonsoft
- THE TERMS AND CONDITIONS
- =========================
- BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING THE SOFTWARE, YOU ARE
- CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS
- AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,
- CLICK THE BUTTON THAT INDICATES YOU DO NOT ACCEPT THE TERMS AND DO NOT
- INSTALL THE SOFTWARE. (IF APPLICABLE, YOU MAY RETURN THE PRODUCT TO
- THE PLACE OF PURCHASE FOR A FULL REFUND.) IF THE COPY OF THE SOFTWARE
- YOU RECEIVED WAS ACCOMPANIED BY A PRINTED OR OTHER FORM OF "HARD-COPY"
- END USER LICENSE AGREEMENT WHOSE TERMS VARY FROM THIS AGREEMENT, THEN
- THE HARD-COPY END USER LICENSE AGREEMENT GOVERNS YOUR USE OF THE
- SOFTWARE.
- XENONSOFT PUBLIC SOFTWARE END USER LICENSE `XPeL' AGREEMENT
- REDISTRIBUTION OF THE SOFTWARE IS PERMITTED AS LONG AS
- THE CONTENTS OF THE "ORIGINAL" DISTRIBUTION AND
- THIS ORIGINAL LICENSE ARE SUPPLIED.
- This Agreement sets forth the terms and conditions of your use of the
- accompanying Xenonsoft client software product(s) (the "Software"). Any
- third party software that is provided with the Software with such third
- party's license agreement (in either electronic or printed form) is
- included for use at your option. If you choose to use such software, then
- such use shall be governed by such third party's license and not by this
- Agreement.
- THIS AGREEMENTS COVERS OPEN SOURCE SOFTWARE ONLY
- DEFINITIONS
- ``Nominee'' means you, group, cooporation or other legal entity considering
- accepting these terms are as if and when.
- ``Distribution'' means any form of data transfer accepted by the software
- development community that results in the software having being replicated.
- ``Binaries'' and ``Executable'' means software machine code in any other
- form other than Source code.
- ``Source code'' constitutes the human readable form of the program or
- programs that are compiled or interpreted into machine code.
- ``Programs'' is the synonym interchange with binaries or executables.
- ``The Software'' constitutes the contents, whether whole or parts, of the
- verbatim distribution. It is include binaries (or executable) and source
- code (if supplied).
- ``License'' means this document.
- ``Licensor'' means the supplier of the software inclusive of binaries and
- source codes. In this case the licensor is Xenonsoft.
- ``Licensee'' means an inviviual, or group, or otherwise legal entity
- possessing the rights, and complying all with the terms and conditions of,
- this License or a future License. It is too be noted that ``licensee'' and
- ``You'' are interchangeable in this document, especially where ``You''
- being the Licensee possesses the means, and the power thereof, to exercise
- a degree ``control'' synonymous with power, whether direct or indirect, or
- through gross percentage of stocks or shares in the management of a legal
- entity.
- This license applies to any software containing a notice, placed by the
- copyright holder, explicitly stating that it can be distributed under the
- terms of the Xenonsoft Public End User License Agreement 1.00. Such
- software is hereby referred as the software. The license is appropriate to
- people wishing to write applications available "as free software", under
- the Open Source model, where all (or a highly substantial part) of the
- source code is available to all users and can be freely modified and
- redistributed.
- 1. GRANTS. You are granted the rights under this agreement, provided you
- agree to any and all conditions of this license. If you accepts this
- agreement whenever you distribute the Software, or constituent software
- items that link with the Software.
- 2. COPYING. You may copy and distribute verbatim copies of the program's
- source code as you receive it, in any medium, provided that you also
- conspiciously and appropriately pulish on each copy an appropriate
- copyright notice and disclaimer of warranty; keep intacts all of the
- notices that refer to this License and to the absence of any warranty; and
- give any other recipients of the Software a copy of this License along with
- the Software. Moreover, you may copy and distribute the package provided
- the entire package is distributed, with license notices.
- 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.
- 3. MODIFICATIONS. You may make modifications to your copy of the software,
- or any portion of it, thus forming a work based on the Software, and copy
- and distribute such modifications or work under the section 2 above,
- provided you meet all of these requirements:
- a) You must not alter or remove any copyright notices in the programs.
- b) You must cause the modified files to carry prominent noices and the
- date of any change.
- c) You must acknowledge that there is a non-exclusive right granted to
- the initial developer of the Software to distribute your modification
- in future versions of the Software provided such new versions remain
- available under these terms in addition to any other license(s).
- 4. MACHINE CODE. Moreover, you may distribute machine-executable forms of
- the Software or machine-executable forms of modified versions of the
- Software provided that you meet all of these requirements.
- a) You must include this license agreement document in the
- distribution.
- b) You must duly ensure that all the recipients of the
- machine-executable forms are also able to receive the complete
- machine-readable source code to the distributed software, including all
- or any modifications, without any charge beyond the cost of data
- transfer customarily used for software interchange.
- c) You must place prominent notices that the machine-readable source
- code is available.
- d) You can, however, distribute the machine-executable code on its own
- without the machine-readable source code, but you must explicitly
- provide information to offer to supply, distribute or deliver the
- machine-readable source code.
- 5. REDISTRIBUTION. 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
- distributing the software 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.
- Each time you redistribute the Program the recipient automatically receives
- a license from the original licensor to copy or distribute. 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.
- 6. COMPILATION. You may use the original Software, or any derivative
- version of software to compile, link and run application programs or
- applets legally by you or any other.
- 7. DEPLOYMENT. You may develop application programs, reusable software
- components, libraries, and other derivative software items that link
- with the original or modified versions of the Software. The new software
- that is created, when being deployed or distributed must meet the following
- conditions:
- a) You must duly ensure that the new software and its entire
- machine-readable source code is publicly available. All receipients
- should be able to receive and use the complete source code to the items
- without any charge beyond the costs of data transfer customarily used
- for software interchange.
- b) You must duly ensure that the new receipients of the modified
- Software, which you and/or others have compiled, linked, and during the
- process of deployment, have copies of this license agreement. You must
- explicitly license all the receipients of the items to use and
- redistribute the original and modified items in the Software in both
- machine-executable and machine-readable source code. All of the
- receipients, without any any exceptions whatsoever, must be able to do
- so without any charges, and they must be able to redistribute the
- Software to anyone they choose.
- c) Where the software, or its derivate work is distributed with
- third-party propriety software, and/or works with propriety software
- you must duly ensure that the software remains "available for free" in
- the compliance with this license. It is not the intention of this
- agreement to subsume or interfere with any other third-party propriety
- licensee(s). This agreement is designed to make sure that the original
- software and its derivative works, remains available in the free
- software domain. Where any such third-party software restricts, or
- expressly forbids the disclosure of source code, reverse engineering,
- disassembly, decompilation, decryption of that work, then this
- agreement does not grant the licensor in anyway whatsoever rights to
- subsume, interfere, or waive that other (third-party) software's
- license agreement(s).
- 8. COPYRIGHT. In accepting this agreement by continuous use of the
- software, unless otherwise stated, you hereby accept that the copyright of
- the software belongs to the licensor (`Xenonsoft') and to Peter A. Pilgrim.
- 9. TITLE. Title, ownership rights, and intellectual property rights in the
- Software shall remain in with the licensor (`Xenonsoft') and Peter
- A. Pilgrim and/or its suppliers. The Software is protected by copyright and
- other intellectual property laws and by international treaties. Title and
- related rights in the content accessed through the Software is the property
- of the applicable content owner and is protected by applicable law. The
- license granted under this Agreement gives you no rights to such content.
- You are not permitted to change the authorship of the software or afford
- claim of entitlement without invalidating this XPeL.
- 10. RESERVATIONS. The licensor Xenonsoft (``XeNoN''), in association with
- Mr. Peter A. Pilgrim, reserves to the right to change this end user license
- agreement (XPeL). However each modified XPeL version will be given a
- distinguishing version number.
- 11. DISCLAIMER OF WARRANTY. The Software is provided on an "AS IS" basis,
- WITHOUT warranty of any kind, including without limitation the warranties
- that the Software is free of defects, merchantable, fit for a particular
- purpose or non-infringing. The entire risk as to the quality and
- performance of the Software is borne by you. Should the Software prove
- defective in any respect, you and NOT the Licensor or its suppliers assume
- the entire cost of any service and repair. THIS DISCLAIMER OF WARRANTY
- CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
- 12. LIMITATION OF LIABILITY. Under no circumstances and under no legal
- theory, whether tort (including negligence), contract, or otherwise,
- shall the initial developer, any other contributor, or any distributor
- of covered code, or any supplier of any of such parties, be liable to
- you or any other person for any indirect, special, incidental, or
- consequential damages of any character including, without limitation,
- damages for loss of goodwill, work stoppage, computer failure or
- malfunction, or any and all other commercial damages or losses, EVEN
- IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
- DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
- DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE
- EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
- NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
- DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
- 13. TERMINATION. This Agreement and the license granted hereunder will
- terminate automatically if you fail to comply with the limitations
- described herein. Upon termination, you must destroy all copies of the
- Software and Documentation.
- 14. TRADEMARKS. All trademarks not belonging to Xenonsoft (`Xenon') are
- acknowledged and belong to their retrospective entities.
- Copyright (C) 1999 Xenonsoft, 6 Watford Close, London SW11 4QT ENGLAND
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