Third-party contributors Xinet Trademark Acknowledgements, Attributions, and Credit Notices Xinet, the Xinet logo, WebNative, Picture Wrangler, FullPress, WebVolume, Queue Master, Color Verite, Server to the Macs, FPO Exporter, K-Talk, K-Time, K-FS, K-Spool, and K-AShare are either trademarks or registered trademarks of Xinet, registered in the United States and other countries. © Copyright 1989-2015 Xinet. All rights reserved. Use of Xinet software and its accompanying documentation is governed by the Xinet End User Software License Agreement; neither the software nor its documentation may be copied in whole or in part without the written consent of Xinet, except as granted in that agreement. The Xinet documentation, product guides, and other materials published by Xinet are independent publications. 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All other product names, trade names, brands, company names, registered trademarks, or unregistered trademarks which are referenced in materials published by Xinet are used for identification purposes only and are the property of their respective owners. • • • • • Depending on the Xinet software products licensed to you under the Xinet End User Software License Agreement, some or all of the copyright and warranty notices which follow may pertain to your installation. -- Portions of the software © Copyright 1999-2003 Apple Computer, Inc. APPLE COMPUTER, INC. (“APPLE”) MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THAT THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE APPLE SOFTWARE. APPLE DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE APPLE SOFTWARE IS ASSUMED BY YOU. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME STATES. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE APPLE SOFTWARE EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. APPLE’S LIABILITY TO YOU FOR ACTUAL DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), WILL BE LIMITED TO $50. -- Portions Copyright © 2000 Artifex Software Inc. All rights reserved. Portions Copyright © 1998, 2000 Aladdin Enterprises. All rights reserved. Portions Copyright © Soft Horizons. All rights reserved. -- Portions of this software include software whose copyright is owned by, or licensed from, MySQL AB and Sun Microsystems. © Copyright 1995-2008 MySQL AB, © Copyright 2000, MySQL Finland AB, © Copyright 2008-2009 Sun Microsystems, Inc. -- Portions of this software use OpenEXR, Copyright © 2002-2012, Industrial Light & Magic, a division of Lucasfilm Entertainment Company Ltd. 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 Industrial Light & Magic 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. -- QUARK IS NOT THE MANUFACTURER OF THIRD-PARTY SOFTWARE OR OTHER THIRD-PARTY HARDWARE (HEREINAFTER “THIRD-PARTY-PRODUCTS”) AND SUCH THIRD-PARTY PRODUCTS HAVE NOT BEEN CREATED, REVIEWED, OR TESTED BY QUARK, THE QUARK AFFILIATED COMPANIES OR THEIR LICENSORS. (QUARK AFFILIATED COMPANIES SHALL MEAN ANY PERSON, BRANCH, OR ENTITY CONTROLLING, CONTROLLED BY OR UNDER COMMON CONTROL WITH QUARK OR ITS PARENT OR A MAJORITY OF THE QUARK SHAREHOLDERS, WHETHER NOW EXISTING OR FORMED IN THE FUTURE, TOGETHER WITH ANY PERSON, BRANCH, OR ENTITY WHICH MAY ACQUIRE SUCH STATUS IN THE FUTURE.) QUARK, THE QUARK AFFILIATED COMPANIES AND/OR THEIR LICENSORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUARK PRODUCTS/SERVICES AND/OR THIRD-PARTY PRODUCTS/SERVICES, THEIR MERCHANTABILITY, OR THEIR FITNESS FOR A PARTICULAR PURPOSE. QUARK, THE QUARK AFFILIATED COMPANIES AND THEIR LICENSORS DISCLAIM ALL WARRANTIES RELATING TO THE QUARK PRODUCTS/SERVICES AND ANY THIRD-PARTY PRODUCTS/SERVICES. ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR COLLATERAL, AND WHETHER OR NOT, MADE BY DISTRIBUTORS, RETAILERS, XTENSIONS DEVELOPERS OR OTHER THIRD-PARTIES ARE DISCLAIMED BY QUARK, THE QUARK AFFILIATED COMPANIES AND THEIR LICENSORS, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, COMPATIBILITY, OR THAT THE SOFTWARE IS ERROR-FREE OR THAT ERRORS CAN OR WILL BE CORRECTED. THIRD-PARTIES MAY PROVIDE LIMITED WARRANTIES AS TO THEIR OWN PRODUCTS AND/OR SERVICES, AND USERS MUST LOOK TO SAID THIRD-PARTIES FOR SUCH WARRANTIES, IF ANY. SOME JURISDICTIONS, STATES OR PROVINCES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO PARTICULAR USERS. IN NO EVENT SHALL QUARK, THE QUARK AFFILIATED COMPANIES, AND/OR THEIR LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST TIME, LOST SAVINGS, LOST DATA, LOST FEES, OR EXPENSES OF ANY KIND ARISING FROM INSTALLATION OR USE OF THE QUARK PRODUCTS/SERVICES, IN ANY MATTER, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. IF, NOTWITHSTANDING THE FOREGOING, QUARK, THE QUARK AFFILIATED COMPANIES AND/OR THEIR LICENSORS ARE FOUND TO HAVE LIABILITY RELATING TO THE QUARK PRODUCTS/SERVICES OR THIRD-PARTY PRODUCTS/SERVICES, SUCH LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY THE USER TO QUARK FOR THE SOFTWARE/SERVICES AT ISSUE (EXCLUDING THIRD-PARTY PRODUCTS/SERVICES), IF ANY, OR THE LOWEST AMOUNT UNDER APPLICABLE LAW, WHICHEVER IS LESS. THESE LIMITATIONS WILL APPLY EVEN IF QUARK, THE QUARK AFFILIATED COMPANIES, THEIR LICENSORS AND/OR THEIR AGENTS HAVE BEEN ADVISED OF SUCH POSSIBLE DAMAGES. SOME JURISDICTIONS, STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY. ALL OTHER LIMITATIONS PROVIDED UNDER APPLICABLE LAW, INCLUDING STATUTES OF LIMITATION, SHALL CONTINUE TO APPLY. IN THE EVENT ANY OF THESE PROVISIONS ARE OR BECOME UNENFORCEABLE UNDER APPLICABLE LAW, SUCH PROVISION SHALL BE MODIFIED OR LIMITED IN ITS EFFECT TO THE EXTENT NECESSARY TO CAUSE IT TO BE ENFORCEABLE. USE OF THE QUARK PRODUCTS IS SUBJECT TO THE TERMS OF THE END USER LICENSE AGREEMENT OR OTHER APPLICABLE AGREEMENTS FOR SUCH PRODUCT/SERVICE. IN THE EVENT OF A CONFLICT BETWEEN SUCH AGREEMENTS AND THESE PROVISIONS THE RELEVANT AGREEMENTS SHALL CONTROL. -- Tag Image File Format (TIFF) Library © Copyright 1988-1997 Sam Leffler. © Copyright 1991-1997 Silicon Graphics, Inc. Permission to use, copy, modify, distribute and sell the Tag Image File Format Library software and its documentation for any purpose is hereby granted without fee, provided that (i) the above copyright notices and this permission notice appear in all copies of the software and related documentation, and (ii) the names of Sam Leffler and Silicon Graphics may not be used in any advertising or publicity relating to the software without the specific, prior written permission of Sam Leffler and Silicon Graphics. THE SOFTWARE IS PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SAM LEFFLER OR SILICON GRAPHICS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE. -- XMP portions Copyright © 1999-2101, Adobe Systems Incorporated. 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 Adobe Systems Incorporated, 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. -- This software is based in part on the work of the Independent JPEG Group. -- Portions of the software, including ndbm(3), Copyright © 1983, Regents of the University of California. All rights reserved. The Berkeley software License Agreement specifies the terms and conditions for redistribution. 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 Regents of the University of California 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 REGENTS OF THE UNIVERSITY OF CALIFORNIA ''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 REGENTS OF THE UNIVERSITY OF CALIFORNIA 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 software includes portions of the Darwin open source project. -- Portions of the K-Time utility software for Mac OS 9 clients were developed by The University of Melbourne and redistributed by Xinet as a component of Xinet’s K-Talk AppleTalk stack. Copyright © 1992, The University of Melbourne. -- The curl and libcurl portions of this software © Copyright 2000, Daniel Stenberg, daniel@haxx.se. All rights reserved. Permission is hereby granted, free of charge, to any person obtaining a copy of curl and libcurl 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, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, in all copies of the Software and that both the above copyright notice(s) and this permission notice appear in supporting documentation. -- Portions of this software © Copyright 2003 Joe Penn. -- PHP and the PHP logo designs are copyright © 2001-2015 The PHP Group. All rights reserved. Portions of this software © Copyright 2001-2003 PHP Application Tools. Portions of this software © Copyright 1999-2009 The PHP Group. This product includes PHP software, freely available from http://www.php.net/software/. Use of the PHP software provided in the Xinet WebNative Portal software distribution is governed by The PHP License, version 3.01, below: The PHP License, version 3.01 Copyright (c) 1999 - 2015 The PHP Group. All rights reserved. ---------------------------------------------------------------------------- Redistribution and use in source and binary forms, with or without modification, is 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 “PHP” must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact group@php.net. 4. Products derived from this software may not be called “PHP”, nor may “PHP” appear in their name, without prior written permission from group@php.net. You may indicate that your software works in conjunction with PHP by saying “Foo for PHP” instead of calling it “PHP Foo” or “phpfoo” 5. The PHP Group may publish revised and/or new versions of the license from time to time. Each version will be given a distinguishing version number. Once covered code has been published under a particular version of the license, you may always continue to use it under the terms of that version. You may also choose to use such covered code under the terms of any subsequent version of the license published by the PHP Group. No one other than the PHP Group has the right to modify the terms applicable to covered code created under this License. 6. Redistributions of any form whatsoever must retain the following acknowledgment: “This product includes PHP software, freely available from <http://www.php.net/software/>”. THIS SOFTWARE IS PROVIDED BY THE PHP DEVELOPMENT TEAM ``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 PHP DEVELOPMENT TEAM 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 software consists of voluntary contributions made by many individuals on behalf of the PHP Group. The PHP Group can be contacted via Email at group@php.net. For more information on the PHP Group and the PHP project, please see <http://www.php.net>. PHP includes the Zend Engine, freely available at <http://www.zend.com>. -- Portions of this software make use of the Zend Optimizer, Copyright © 1998-2009, by Zend Technologies Ltd. Use of the Zend software provided in the Xinet WebNative Portal software distribution is governed by the license agreement below: ZEND OPTIMIZER - ZEND LICENSE AGREEMENT ZEND TECHNOLOGIES LTD. (“ZEND”) SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) IMPORTANT: READ THESE TERMS CAREFULLY BEFORE INSTALLING THE SOFTWARE KNOWN AS THE “ZEND OPTIMIZER,” AS INSTALLED BY THIS INSTALLATION PROCESS, IN MACHINE-EXECUTABLE FORM ONLY, AND ANY RELATED DOCUMENTATION (COLLECTIVELY, THE “SOFTWARE”) BY INSTALLING, OR OTHERWISE USING THIS SOFTWARE, YOU (THE “LICENSEE”) ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THE SOFTWARE AND IT IS YOUR RESPONSIBILITY TO EXIT THIS INSTALLATION PROGRAM WITHOUT INSTALLING THE SOFTWARE, OR TO DELETE THE SOFTWARE FROM YOUR COMPUTER. 1. License. Subject to the terms and conditions of this Agreement, including, without limitation, Section 2 hereof, Zend hereby grants to Licensee, during the Term (as defined below), a limited, a non-exclusive license (the “License”) to: (i) install and operate the Software on a computer or a computer network owned or operated by Licensee; (ii) make copies of the Software; and (iii) sublicense and distribute a limited, non-exclusive sublicense to install, use and sublicense such copies of the Software, provided that any sub-license granted hereunder shall be subject to the limitations and restrictions set forth in this Agreement. 2. Restrictions. Except as otherwise expressly set forth herein, Licensee or any of its sub-licensees shall not: (a) translate or decompile, or create or attempt to create, by reverse engineering or otherwise, the source code form from the object code supplied hereunder; (b) modify, adapt, translate or create a derivative work from the Software; (c) remove any proprietary notices, labels, or marks on the Software. 3. Termination. This Agreement and the License hereunder shall be in effect from and after the date Licensee installs the Software on a computer in accordance with the terms and conditions hereof and shall continue perpetually unless terminated in accordance with this Section 3. This Agreement shall be automatically terminated upon any breach by Licensee of any term or condition of this Agreement. Such period shall be referred to herein as the “Term”. Within five (5) business days of any such termination, Licensee shall return the Software to Zend (or, at Zend's sole discretion and only at Zend's direction, destroy the Software and certify in writing to Zend that said Software has been destroyed). Upon return of the Software or upon receipt of notice of the destruction of the Software, as appropriate, this Agreement shall terminate and Zend shall have no further obligations to Licensee. Articles 2, 4, 5, 6, 7, 8 and 10 hereof shall survive the expiration or termination of this Agreement for any reason. 4. Intellectual Property Rights. Licensee hereby acknowledges and agrees that Zend or its licensors own and retain all rights, title, and interest in and to the Software, regardless of the form or media in or on which the original or other copies may subsequently exist including, without limitation, all copyrights, trademarks, patents and trade secret rights inherent therein or appurtenant thereto. This Agreement shall not constitute a sale of the Software and no title or proprietary rights to the Software are transferred to the Licensee hereby. Licensee acknowledges that the Software is a unique, confidential and valuable asset and trade secret of Zend or its licensors, and Zend or its licensors shall have the right to obtain all equitable and legal redress which may be available to it for the breach or threatened breach of this Agreement including, without limitation, injunctive relief. 5. Warranty; Disclaimer. THE SOFTWARE IS BEING LICENSED HEREUNDER WITH NO WARRANTY WHATSOEVER. LICENSEE ACKNOWLEDGES THAT ITS USE OF THE SOFTWARE IS AT ITS OWN RISK. THE SOFTWARE IS PROVIDED SOLELY ON AN “AS-IS” BASIS. ZEND AND ITS LICENSORS MAKE, AND LICENSEE RECEIVES, NO WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE. ZEND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NONINFRINGEMENT. ZEND DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE SHALL BE OPERABLE, UNINTERRUPTED OR ERROR FREE OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT. 6. No Liability. IN NO EVENT SHALL ZEND OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES OR LOST PROFITS (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF DATA, OR ANY OTHER DAMAGES, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH CASE AND ONLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO LICENSEE. WITHOUT LIMITATION OF THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL LICENSOR'S TOTAL AGGREGATE LIABILITY TO LICENSEE AND ANY OF ITS SUB-LICENSEES (REGARDLESS OF THE LENGTH OF THE TRAIL OF SUBLICENSES) FOR ANY AND ALL CLAIMS ARISING HEREUNDER, INCLUDING WITHOUT LIMITATION ARISING OUT OF YOUR USE OF THE SOFTWARE, EXCEED THE SUM OF $100. 7. Indemnity. Licensee will, at its own expense, defend any action brought by a third party against Zend to the extent that such action is based on a claim arising from or relating to: (a) Licensee's use of the Software, (ii) any distribution of the Software by Licensee or by any of or by any sub-licensee, regardless of privity of contract and regardless of the length of the trail of sublicenses, (iii) any claims based upon warranties, guarantees or representations made by Licensee or any of its employees, agents or sub-licensees; or (iv) any use of the Software by any of the foregoing sub-licensees. Zend shall have the exclusive right to control such defense. In no event shall Licensee settle any such claim, lawsuit or proceeding without Zend's prior written approval. 8. U.s. Government restricted rights. The Software provided hereunder is a “commercial item,” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, the Software made available to the United States of America, its agencies and/or instrumentalities, is provided with only those rights set forth in this Agreement. Use, duplication or disclosure of the Software by the government is subject to the restrictions as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 C.F.R. 52.227-19, as amended, or any successor regulations thereto. 9. Export and Import Restrictions. Licensee shall be solely responsible for obtaining any required regulatory approvals for exportation, importation and/or distribution of the Software. 10. Miscellaneous. This Agreement is made in and shall be governed by the laws of the State of Israel, excluding choice of law principles. Venue for all proceedings shall be Tel Aviv, Israel. Notwithstanding the foregoing, Zend shall have the right to apply to any court of competent jurisdiction for injunctive or other relief. The United Nations Convention for the International Sale of Goods shall not apply. There is no relationship of agency, partnership, joint venture, employment or franchise between the parties. Licensee or its sub-licensees do not have the authority to bind Zend or to incur any obligation its behalf or to represent itself as Zend's agent or in any way that might result in confusion as to the fact that the parties are separate and distinct entities. The section headings therein are provided for convenience only and have no substantive effect on the construction of this Agreement. If any provision of this Agreement is held to be unenforceable, this Agreement shall be construed without such provision. The failure by Zend to exercise any right hereunder shall not operate as a waiver of Zend's right to exercise such right or any other right in the future. This Agreement may be amended only by a written document executed by a duly authorized representative of each of the parties. This Agreement constitutes the complete and exclusive statement of the terms and agreement between Zend and Licensee and supersedes all prior representations, understandings and communications, oral or written, between the parties with respect thereto, including memoranda of agreement. In the event legal action is taken by Zend or its licensors to enforce any provision of this Agreement, all costs and expenses, including reasonable attorneys' fees and expenses, incurred by Zend or its licensors shall be paid by Licensee, in addition to other damages to which Zend or its licensors may be lawfully entitled. Licensee agrees that it will not refer to the Software or to the existence of this Agreement nor will it use Zend's name in any press releases, advertising, marketing or other materials without Zend's advanced written consent in each instance. Any notice provided by Licensee to Zend pursuant to this Agreement shall be in writing to Zend Technologies Ltd. at P.O. Box 3619, Ramat Gan 52136, Israel, and shall be deemed given (i) if by hand delivery, upon receipt thereof; (ii) if mailed, three (3) days after deposit in the U.S. mails, postage prepaid, certified mail, return receipt requested; or (iii) if by next day delivery service, upon such delivery. Any notice provided by Zend to Licensee pursuant to this Agreement shall be sent to the e-mail or mailing address provided by Licensee upon registering on Zend's Web site, and shall be deemed given (i) if by hand delivery, upon receipt thereof; (ii) if mailed, three (3) days after deposit in the U.S. mails, postage prepaid, certified mail, return receipt requested; or (iii) if by next day delivery service, upon such delivery. Either party may change its address by giving written notice to the other party. -- Portions of this software use libraries from the Open Design Alliance: “Teigha® for .dwg files” © 2010 Open Design Alliance. All rights reserved. As part of its Open Design Alliance Membership Agreement, Xinet is furnished with Alliance Tools and Libraries. Xinet must provide notice as follows regarding applications it has developed with these Alliance Tools: “The Tools are provided to Member ‘AS IS’ AND WITH ALL DEFECTS AND ERRORS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE ALLIANCE HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IMPLIED WARRANTY ARISING FROM ANY COURSE OF PERFORMANCE OR DEALING OR USUAGE OF TRADE, IMPLIED WARRANTY OF NONINFRINGEMENT OR IMPLIED WARRANTY OF QUIET ENJOYMENT. THE ALLIANCE IS NOT LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF THIS AGREEMENT OR OF ANY WARRANTY CONTAINED HEREIN, WHETHER ARISING IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY, EQUITY OR OTHERWISE, EVEN IF THE ALLIANCE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.” Copyright (C) 2003-2014, Open Design Alliance (the "Alliance"). All rights reserved. This software and its documentation and related materials are owned by the Alliance. The software may only be incorporated into application programs owned by members of the Alliance, subject to a signed Membership Agreement and Supplemental Software License Agreement with the Alliance. The structure and organization of this software are the valuable trade secrets of the Alliance and its suppliers. The software is also protected by copyright law and international treaty provisions. Application programs incorporating this software must include the following statement with their copyright notices: This application incorporates Teigha(R) software pursuant to a license agreement with Open Design Alliance.Teigha(R) Copyright (C) 2003-2014 by Open Design Alliance. All rights reserved. By use of this software, its documentation or related materials, you acknowledge and accept the above terms. -- Portions of this software include software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/). Copyright © 1998-2008 The OpenSSL Project. All rights reserved. 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) 1998-2008 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 © 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 license and distribution terms for any publicly available version or derivative of this code cannot be changed. i.e. this code cannot simply be copied and put under another distribution license [including the GNU Public License.] -- Portions of this software use the Mesa 3-D graphics library: the main Mesa code and ‘omesa’ driver. To the extent that Mesa utilizes the OpenGLTM command syntax or state machine, it is being used with authorization from Silicon Graphics, Inc. (SGI). However, the author of the Mesa software does not possess an OpenGL license from SGI, and makes no claim that Mesa is in any way a compatible replacement for OpenGL or associated with SGI. The core Mesa library and ‘omesa’ driver are licensed according to the terms of the MIT license, as follows: Copyright © 1999-2007 Brian Paul. 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 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, EXPRES OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL BRIAN PAUL BE LIABLE FOR ANY CLIAM, 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. -- Xinet distributes FlashNet backup and recovery software for installation on certain server platform OSs in conjunction with Xinet WebNative Archive software and/or other Xinet software products. FlashNet is developed by Software Generation Limited and use of FlashNet software is governed by the license agreement below: FlashNet End User Software Licence Agreement General Description By order to preserve and protect its rights under applicable laws, SGL does not sell any rights in SGL Software. Rather SGL grants the right to use SGL software by means of a software licence. SGL specifically retains title to all SGL software. Important note: DO NOT install the software from the supplied CD, disk or file until you have carefully read this Agreement. BY INSTALLING THE SOFTWARE, (OR AGREEING FOR AN APPROVED INSTALLER TO DO SO), AND SUBSEQUENT COMMERCIAL USE OF THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with the terms and conditions set forth in this Agreement, return the software and all documentation to your supplier. Grant of a Licence In consideration of payment of the licence fee which is part of the price set out in the schedule and your agreement to abide by the terms and conditions of this licence and limited warranty, SGL as the licensor grants to you the licencee, a non-exclusive right to use and display the copy of an SGL software product (hereinafter called the “software”) on the computer and at the location listed in the schedules, so long as you comply with the terms of this licence. SGL reserves all rights not expressly granted to licensee. Ownership of Software As the licensee you own the magnetic or other physical media on which the software is originally or subsequently recorded or fixed, but it is an express condition of this licence that SGL retains title and ownership of the software and all subsequent copy(ies) of the software regardless of the form or media on which the software or other copies may exist. This licence is not a sale of the original software or of any copy. Copy Restrictions This software and the accompanying or subsequently provided written materials are the subject of copyright. Unauthorised copying of the software, including software that has been modified, merged or included with other software or of the written materials is expressly forbidden. You maybe held legally responsible for any copyright infringement which is caused or encouraged by your failure to abide by the terms of this licence. Subject to the restrictions above you may make one copy of the software solely for backup purposes. You must reproduce and include copyright notices on the backup copy. User Restrictions As the licensee you may use the software on the computer(s) and the location(s) stated in the schedule. You may not electronically transfer the software from one computer to another over a network unless authorised by prior written consent of SGL to do so, save and except that, Licensee may transfer software over a network solely for the purposes of making back-up copies or re-installing from the backup following any system failure. You may not distribute copies of the software or accompanying materials to others. You may not modify, adapt, translate or create derivative work based on the written materials without the prior consent of SGL. Transfer Restrictions This software is licensed only to you, the licensee and may not be transferred to anyone without the prior written consent of SGL. Any authorized transfer of the software shall be bound by the terms and conditions of this licence. In no event may you transfer, assign, rent, lease, sell or otherwise dispose of the software on a temporary or permanent basis except as expressly provided herein. Termination This licence is effective unless terminated in accordance with the provisions of this clause. This licence will terminate automatically without notice from SGL if you fail to comply with any provision of this licence. If either party shall become bankrupt or make arrangement with its creditors or go into liquidation or be subject to reconstruction this licence will terminate. If SGL shall become bankrupt or make arrangement with its creditors or go into liquidation a copy of software is available through ESCROW and the source code will be made available to the licensee for their own internal use only. The licensee shall within 30 days of the events detailed in this clause provide to SGL a properly executed statutory declaration stating that it has destroyed or returned the software to SGL and permanently deleted and rendered useless all copies of the software and destroyed all supplied written materials. Patents, Trademarks, Copyright and Intellectual Property Rights The licensee acknowledges that any and all of the trademarks, copyrights, patents and other intellectual property rights used or embodied in or in connection with the software or its maintenance or support shall remain the sole property of SGL. The licensee agrees not to in anyway question or dispute ownership by SGL of any such rights, during or at any time after the expiry or termination of this agreement (neither in part nor in whole). Limited Warranty The licensor warrants the supplied software will substantially conform to the specifications established by SGL. SGL does not warrant that the software is free from all bugs, errors and omissions. Further SGL does not warrant nor guarantee nor make any representations regarding the use or accuracy, reliability, correctness or otherwise. The above is the only warranty of any kind either expressed or implied, including but not limited to fitness of uses or purposes. No oral or written information by SGL, its employees or authorized associates shall increase the scope of this warranty and you may not rely on such information. SGL nor anyone else connected with creation, production or delivery of the software shall be liable to the licensee for any loss or damage, however caused whether directly or indirectly in connection with or arising out of the use or inability to use software. SGL shall expressly exclude liability for but not limited to damage to equipment, loss of business profits, loss of business information, good will, anticipated savings and the like. SGL does not exclude liability for death or personal injury to the extent only that the same arises as the result of negligence of SGL, its employees, agents or authorized representative. Indemnity Notwithstanding anything contained in the Limited Warranty clause, SGL warrants that it has title or authority to provide the licence granted therein, and at its own cost will defend and hold licensee harmless from any action against the licensee based on a claim that the licensee’s use of the software in accordance with this licence agreement infringes any patent, copyright or any other intellectual property of any third party. Entire Agreement The agreement shall be governed by and conducted in accordance with English law and shall benefit SGL, its successors and assigns. Acknowledgement You acknowledge that you have read this licence and limited warranty, understand them and agree to be bound by their terms and conditions. You also agree that the licence and limited warranty are the complete and exclusive statement between the parties. Definitions SGL means: Software Generation Limited 12, Fulcrum 2 Solent Way, Whiteley, Fareham Hants, England. PO15 7FN Tel: +44 (0)1489 88 99 30 Fax: + 44 (0)1489 56 58 25 Email: info@sgluk.com http://www.sgluk.com Software means: The computer program(s) supplied together with all codes, technique, software tools, formats, designs, concepts, methods and ideas associated with the computer program(s). The term also includes all copies of any part of the software as well as manual(s) and other printed materials. FlashNet End User Software Licence Agreement - NF0310 -- Portions of this software are governed by the GNU Lesser General Public License available from http://www.gnu.org/licenses/lgpl.html. -- Portions of this software were developed through the RED R3D Software Developer’s Kit (SDK), made available by RED.COM, Inc. If a Xinet customer requires any other RED software in order to use the licensed Xinet software, the Xinet customer must obtain such other RED software via a valid license, and the customer’s use of such other RED software must be in accordance with the terms and conditions of the End User License Agreement that accompanies such other RED software. The R3D SDK and all included materials (including header files, libraries, sample code & documentation) are Copyright © 2008-2011 RED Digital Cinema. All rights reserved. All trademarks are the property of their respective owners. This software was developed using KAKADU software. -- Portions of this software use the Lynx text-based Web browser to load and extract text from Web pages. Lynx was released under the GNU General Public License version 2 in 1995 by the University of Kansas; since then it has been maintained through the work of developers on the lynx-dev mailing list (lynx-dev@nongnu.org), who have agreed to distribute their work under the terms and conditions of the GNU GPL. The original copyright notice for Lynx 2.8.7 follows; a copy of the full text of the latest GNU GPL is also presented below. Copyright © 1995 University of Kansas. This file is part of Lynx, a text-based WWW browser. Lynx is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License, version 2, as published by the Free Software Foundation. Lynx is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU Gerneral Public License along with Lynx; see the file ‘COPYING’ or refer to the text below. If not, write to the Free Software Foundation, Inc., 59 Temple Place - Suite 330, Boston, MA 02111-1307, USA. Any licensing or usage questions should be directed to Michael Grobe <grobe@ukans.edu>. -- Use of a modified MySQL software is governed by the GNU General Public License version 2. The original copyright notice for MySQL 5.6.23 follows; a copy of the full text of the latest GNU GPL version 2 is also presented below. Copyright (c) 2000, 2015, Oracle and/or its affiliates. All rights reserved. This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; version 2 of the License.This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. GNU GENERAL PUBLIC LICENSE Version 2, June 1991 Copyright (C) 1989, 1991 Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. Preamble The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Lesser General Public License instead.) You can apply it to your programs, too. When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things. To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it. For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights. We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software. Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations. Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all. The precise terms and conditions for copying, distribution and modification follow. GNU GENERAL PUBLIC LICENSE TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION 0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you". Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does. 1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee. 2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions: a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change. b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License. c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.) These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program. In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License. 3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following: a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.) The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code. 4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance. 5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it. 6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License. 7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program. If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances. It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice. This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License. 8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License. 9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation. 10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally. NO WARRANTY 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. END OF TERMS AND CONDITIONS How to Apply These Terms to Your New Programs If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms. To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found. <one line to give the program's name and a brief idea of what it does.> Copyright (C) <year> <name of author> This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA. Also add information on how to contact you by electronic and paper mail. If the program is interactive, make it output a short notice like this when it starts in an interactive mode: Gnomovision version 69, Copyright (C) year name of author Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'. This is free software, and you are welcome to redistribute it under certain conditions; type `show c' for details. The hypothetical commands `show w' and `show c' should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than `show w' and `show c'; they could even be mouse-clicks or menu items--whatever suits your program. You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the program, if necessary. Here is a sample; alter the names: Yoyodyne, Inc., hereby disclaims all copyright interest in the program `Gnomovision' (which makes passes at compilers) written by James Hacker. <signature of Ty Coon>, 1 April 1989 Ty Coon, President of Vice This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Lesser General Public License instead of this License. -- Use of a modified 'ffmpeg' library with the Xinet Video software is governed by the GNU General Public License version 2 or later. Running /usr/etc/venture/bin/ffmpeg -L from the command prompt on Unix systems and C:\Program Files\Xinet\Venture\ffmpeg.exe -L on Windows systems provides FFmpeg copyright information. As Xinet's PC Connectivity software package contains modified software from samba.org, Xinet Samba modifications and VFS Module are released and distributed as open-source under the GNU GPL terms as well. Xinet will make the full source code of its modifications available to any interested parties under the terms of the GNU GPL; the complete GPL License appears below. GNU GENERAL PUBLIC LICENSE Version 3, 29 June 2007 Copyright © 2007 Free Software Foundation, Inc. <http://fsf.org/>. Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. Preamble The GNU General Public License is a free, copyleft license for software and other kinds of works. The licenses for most software and other practical works are designed to take away your freedom to share and change the works. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change all versions of a program--to make sure it remains free software for all its users. We, the Free Software Foundation, use the GNU General Public License for most of our software; it applies also to any other work released this way by its authors. You can apply it to your programs, too. When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for them if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs, and that you know you can do these things. To protect your rights, we need to prevent others from denying you these rights or asking you to surrender the rights. Therefore, you have certain responsibilities if you distribute copies of the software, or if you modify it: responsibilities to respect the freedom of others. For example, if you distribute copies of such a program, whether gratis or for a fee, you must pass on to the recipients the same freedoms that you received. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights. Developers that use the GNU GPL protect your rights with two steps: (1) assert copyright on the software, and (2) offer you this License giving you legal permission to copy, distribute and/or modify it. For the developers' and authors' protection, the GPL clearly explains that there is no warranty for this free software. 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An interactive user interface displays “Appropriate Legal Notices” to the extent that it includes a convenient and prominently visible feature that (1) displays an appropriate copyright notice, and (2) tells the user that there is no warranty for the work (except to the extent that warranties are provided), that licensees may convey the work under this License, and how to view a copy of this License. If the interface presents a list of user commands or options, such as a menu, a prominent item in the list meets this criterion. 1. Source Code. The “source code” for a work means the preferred form of the work for making modifications to it. “Object code” means any non-source form of a work. A “Standard Interface” means an interface that either is an official standard defined by a recognized standards body, or, in the case of interfaces specified for a particular programming language, one that is widely used among developers working in that language. 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This License explicitly affirms your unlimited permission to run the unmodified Program. The output from running a covered work is covered by this License only if the output, given its content, constitutes a covered work. This License acknowledges your rights of fair use or other equivalent, as provided by copyright law. You may make, run and propagate covered works that you do not convey, without conditions so long as your license otherwise remains in force. You may convey covered works to others for the sole purpose of having them make modifications exclusively for you, or provide you with facilities for running those works, provided that you comply with the terms of this License in conveying all material for which you do not control copyright. 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When you convey a covered work, you waive any legal power to forbid circumvention of technological measures to the extent such circumvention is effected by exercising rights under this License with respect to the covered work, and you disclaim any intention to limit operation or modification of the work as a means of enforcing, against the work's users, your or third parties' legal rights to forbid circumvention of technological measures. 4. Conveying Verbatim Copies. You may convey verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice; keep intact all notices stating that this License and any non-permissive terms added in accord with section 7 apply to the code; keep intact all notices of the absence of any warranty; and give all recipients a copy of this License along with the Program. 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This License gives no permission to license the work in any other way, but it does not invalidate such permission if you have separately received it. * d) If the work has interactive user interfaces, each must display Appropriate Legal Notices; however, if the Program has interactive interfaces that do not display Appropriate Legal Notices, your work need not make them do so. A compilation of a covered work with other separate and independent works, which are not by their nature extensions of the covered work, and which are not combined with it such as to form a larger program, in or on a volume of a storage or distribution medium, is called an “aggregate” if the compilation and its resulting copyright are not used to limit the access or legal rights of the compilation's users beyond what the individual works permit. Inclusion of a covered work in an aggregate does not cause this License to apply to the other parts of the aggregate. 6. Conveying Non-Source Forms. You may convey a covered work in object code form under the terms of sections 4 and 5, provided that you also convey the machine-readable Corresponding Source under the terms of this License, in one of these ways: * a) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by the Corresponding Source fixed on a durable physical medium customarily used for software interchange. * b) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by a written offer, valid for at least three years and valid for as long as you offer spare parts or customer support for that product model, to give anyone who possesses the object code either (1) a copy of the Corresponding Source for all the software in the product that is covered by this License, on a durable physical medium customarily used for software interchange, for a price no more than your reasonable cost of physically performing this conveying of source, or (2) access to copy the Corresponding Source from a network server at no charge. * c) Convey individual copies of the object code with a copy of the written offer to provide the Corresponding Source. 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If additional permissions apply only to part of the Program, that part may be used separately under those permissions, but the entire Program remains governed by this License without regard to the additional permissions. When you convey a copy of a covered work, you may at your option remove any additional permissions from that copy, or from any part of it. (Additional permissions may be written to require their own removal in certain cases when you modify the work.) You may place additional permissions on material, added by you to a covered work, for which you have or can give appropriate copyright permission. 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All other non-permissive additional terms are considered “further restrictions” within the meaning of section 10. If the Program as you received it, or any part of it, contains a notice stating that it is governed by this License along with a term that is a further restriction, you may remove that term. If a license document contains a further restriction but permits relicensing or conveying under this License, you may add to a covered work material governed by the terms of that license document, provided that the further restriction does not survive such relicensing or conveying. If you add terms to a covered work in accord with this section, you must place, in the relevant source files, a statement of the additional terms that apply to those files, or a notice indicating where to find the applicable terms. Additional terms, permissive or non-permissive, may be stated in the form of a separately written license, or stated as exceptions; the above requirements apply either way. 8. Termination. You may not propagate or modify a covered work except as expressly provided under this License. Any attempt otherwise to propagate or modify it is void, and will automatically terminate your rights under this License (including any patent licenses granted under the third paragraph of section 11). However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation. Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice. Termination of your rights under this section does not terminate the licenses of parties who have received copies or rights from you under this License. If your rights have been terminated and not permanently reinstated, you do not qualify to receive new licenses for the same material under section 10. 9. Acceptance Not Required for Having Copies. You are not required to accept this License in order to receive or run a copy of the Program. Ancillary propagation of a covered work occurring solely as a consequence of using peer-to-peer transmission to receive a copy likewise does not require acceptance. However, nothing other than this License grants you permission to propagate or modify any covered work. These actions infringe copyright if you do not accept this License. Therefore, by modifying or propagating a covered work, you indicate your acceptance of this License to do so. 10. Automatic Licensing of Down Recipients. Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this License. An “entity transaction” is a transaction transferring control of an organization, or substantially all assets of one, or subdividing an organization, or merging organizations. If propagation of a covered work results from an entity transaction, each party to that transaction who receives a copy of the work also receives whatever licenses to the work the party's predecessor in interest had or could give under the previous paragraph, plus a right to possession of the Corresponding Source of the work from the predecessor in interest, if the predecessor has it or can get it with reasonable efforts. You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing the Program or any portion of it. 11. Patents. A “contributor” is a copyright holder who authorizes use under this License of the Program or a work on which the Program is based. The work thus licensed is called the contributor's “contributor version”. A contributor's “essential patent claims” are all patent claims owned or controlled by the contributor, whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this License, of making, using, or selling its contributor version, but do not include claims that would be infringed only as a consequence of further modification of the contributor version. For purposes of this definition, “control” includes the right to grant patent sublicenses in a manner consistent with the requirements of this License. Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version. In the following three paragraphs, a “patent license” is any express agreement or commitment, however denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not to sue for patent infringement). To “grant” such a patent license to a party means to make such an agreement or commitment not to enforce a patent against the party. If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent license to down recipients. “Knowingly relying” means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient's use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid. If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it. A patent license is “discriminatory” if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007. Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law. 12. No Surrender of Others' Freedom. If conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot convey a covered work so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not convey it at all. For example, if you agree to terms that obligate you to collect a royalty for further conveying from those to whom you convey the Program, the only way you could satisfy both those terms and this License would be to refrain entirely from conveying the Program. 13. Use with the GNU Affero General Public License. Notwithstanding any other provision of this License, you have permission to link or combine any covered work with a work licensed under version 3 of the GNU Affero General Public License into a single combined work, and to convey the resulting work. The terms of this License will continue to apply to the part which is the covered work, but the special requirements of the GNU Affero General Public License, section 13, concerning interaction through a network will apply to the combination as such. 14. Revised Versions of this License. The Free Software Foundation may publish revised and/or new versions of the GNU General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number. If the Program specifies that a certain numbered version of the GNU General Public License “or any later version” applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of the GNU General Public License, you may choose any version ever published by the Free Software Foundation. If the Program specifies that a proxy can decide which future versions of the GNU General Public License can be used, that proxy's public statement of acceptance of a version permanently authorizes you to choose that version for the Program. Later license versions may give you additional or different permissions. However, no additional obligations are imposed on any author or copyright holder as a result of your choosing to follow a later version. 15. Disclaimer of Warranty. THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 16. Limitation of Liability. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 17. Interpretation of Sections 15 and 16. If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee. END OF TERMS AND CONDITIONS __________ Xinet Trademark Acknowledgements, Attributions, and Credit Notices Revision Date: March 27, 2015 ##### ENDBENUTZER-LIZENZVERTRAG FÜR XINET-SOFTWARE Gültig nur für Produkte, die in Deutschland lizensiert werden. This applies only to products licensed in Germany. Wichtig bitte sorgfältig lesen: Dieser XINET-Endbenutzer-Lizenzvertrag ist ein rechtsgültiger Vertrag zwischen Ihnen (entweder als natürliche oder juristischer Person) und der XINET Inc. für ein XINET-Software-Produkt. Das Software-Produkt umfaßt Computer-Software sowie möglicherweise dazugehörige Medien, gedruckte Materialien und „Online“ oder elektronische Dokumentation („Software-Produkt“). Indem Sie das Software-Produkt installieren, kopieren oder anderweitig verwenden, erklären Sie sich einverstanden, durch die Bestimmungen dieses Lizenzvertrages gebunden zu sein. Falls Sie diesen Bestimmungen nicht zustimmen, sind Sie nicht berechtigt, das Software-Produkt zu installieren oder zu verwenden; Sie können es jedoch gegen Rückerstattung des Kaufpreises an den Händler zurückgeben, von dem Sie es erworben haben. Das Software-Produkt wird sowohl durch Urheberrechtsgesetze und internationale Urheberrechtsverträge geschützt, als auch durch andere Gesetze und Vereinbarungen über geistiges Eigentum. Das Software-Produkt wird lizenziert, nicht verkauft. 1. Lizenzeinräumung. XINET räumt Ihnen unter der Einschränkung der Regelung in Ziff. 2.f) dieses Vertrages das zeitlich unbegrenzte, nicht ausschließliche und nicht übertragbare Recht ein, das Software-Produkt im vertragsgemäßen Umfang zu nutzen. Sie sind berechtigt, eine Kopie des Software-Produkts auf einem einzelnen Computer zu installieren und zu verwenden. Ferner dürfen Sie eine Sicherungskopie anfertigen. 2. Weitere Rechte und Einschränkungen a) Nicht zum Weiterverkauf bestimmte Software. Falls Ihnen das Software-Produkt als Demonstrationsmaterial überlassen wird, sind Sie ungeachtet anderer Abschnitte dieses Lizenzvertrages, nicht berechtigt, das Software-Produkt weiterzuverkaufen oder auf andere Weise gegen einen Gegenwert oder unentgeltlich zu übertragen. Sollten Sie die Hardware auf welcher die Software installiert ist veräußern, sind Sie verpflichtet, sämtliche Kopien des Softwareprodukts zu zerstören bzw. an XINET zurückzugeben. b) Beschränkung im Hinblick auf Zurückentwicklung (Reverse Engineering), Dekompilierung und Disassemblierung. Sie sind nicht berechtigt, das Software-Produkt zurückzuentwickeln (Reverse Engineering), zu dekompilieren oder zu disassemblieren, es sei denn und nur insoweit wie das anwendbare Recht, ungeachtet dieser Beschränkung, dieses ausdrücklich gestattet. c) Trennung von Komponenten. Das Software-Produkt wird als einzelnes Produkt lizenziert. Sie sind nicht berechtigt, dessen Komponenten für die Verwertung auf mehr als einem Computer zu trennen. d) Vermietung. Sie sind nicht berechtigt, das Software-Produkt zu vermieten, zu verleasen oder zu verleihen. e) Serviceleistungen. XINET bietet Ihnen möglicherweise Serviceleistungen in Verbindung mit dem Software-Produkt („Serviceleistungen“). Die Serviceleistungen können entsprechend den XINET-Bestimmungen und -Programmen, die im Benutzerhandbuch, der „Online“-Dokumentation und/oder anderen von XINET zur Verfügung gestellten Materialien beschrieben sind, genutzt werden. Jeder ergänzende Software-Code, der Ihnen als Teil der Serviceleistungen zur Verfügung gestellt wird, wird als Bestandteil des Software-Produkts betrachtet und unterliegt den Bestimmungen und Bedingungen dieses Lizenzvertrages. XINET ist berechtigt, die technischen Daten, die Sie XINET als Teil der Serviceleistungen zur Verfügung stellen, für geschäftliche Zwecke, einschließlich Produktunterstützung und -entwicklung, zu verwenden. XINET verpflichtet sich, solche technische Daten ausschließlich anonym im Sinne des Datenschutzes zu verwenden. f) Kündigung. Unbeschadet sonstiger Rechte ist XINET berechtigt, diesen Lizenzvertrag zu kündigen, sofern Sie gegen die Bestimmungen und Bedingungen dieses Lizenzvertrages verstoßen. In einem solchen Fall sind Sie verpflichtet, sämtliche Kopien des Software-Produkts und alle seine Komponenten zu vernichten. Durch Zerstörung der Software einschließlich seiner Kopie und damit verbundenen Dokumentation kündigen Sie selbst den Lizenzvertrag. 3. Urheberrecht. Eigentum und Urheberrecht an dem Software-Produkt (einschließlich, aber nicht beschränkt auf Bilder, Fotografien, Animationen, Video, Audio, Musik, Text und „Applets“, die in dem Software-Produkt enthalten sind), den gedruckten Begleitmaterialien und jeder Kopie des Software-Produkts liegen bei XINET. Das Software-Produkt ist durch Urheberrechtsgesetze und internationale Urheberrechtsbestimmungen geschützt. Aus diesem Grund sind Sie verpflichtet, das Software-Produkt wie jedes andere durch das Urheberrecht geschützte Material zu behandeln, mit der Ausnahme, daß Sie berechtigt sind, das Software-Produkt auf einem einzelnen Computer zu installieren, vorausgesetzt, Sie bewahren das Original ausschließlich für Sicherungs- und Archivierungszwecke auf und schützen es vor unerlaubter Offenbarung. Sie sind nicht berechtigt, dass das Software-Produkt begleitende gedruckte Material zu vervielfältigen. 4. Gewährleistungen a) XINET und ihre Vertragshändler weisen darauf hin, daß es nicht möglich ist, Software so zu entwickeln, dass sie für alle Anwendungsbedingungen fehlerfrei ist. Dafür übernimmt XINET für einen Zeitraum von 30 Tagen ab Auslieferung an Sie die Garantie, dass das Software-Produkt im wesentlichen gem. den beiliegenden bedruckten Materialien arbeitet. b) Darüber hinaus stehen XINET und ihre Vertragshändler für Mängel, die bei der Übergabe des Software-Produkts vorhanden sind, während einer Gewährleistungsfrist von 6 Monaten gem. folgenden Regeln ein. c) Als Mängel im Sinn der Ziffer 4.b) gelten Abweichungen des Software-Produkts von den beiliegenden bedruckten Materialien, soweit diese Abweichungen die Tauglichkeit des Software-Produkts beeinträchtigen. Eine unerhebliche Minderung der Brauchbarkeit bleibt außer Betracht. d) Erweist sich das Software-Produkt als nicht brauchbar oder fehlerhaft, werden XINET und ihre Vertragshändler diese Mängel binnen angemessener Frist beheben. Gelingt ein derartiger Nachbesserungsversuch nicht innerhalb angemessener Frist und schlägt er auch innerhalb einer weiteren, von Ihnen angemessen gesetzten Frist fehl, und stellen XINET und ihre Vertragshändler keine Umgehungslösung gem. Ziff. 4.e) zur Verfügung, so stehen Ihnen die gesetzlichen Gewährleistungsrechte zu. Sie können dann den Vergütungsanspruch herabsetzen (mindern) oder den Vertrag rückgängig machen (wandeln). e) XINET und ihre Vertragshändler sind berechtigt, einen eventuell auftretenden Fehler zu umgehen, wenn der Fehler selbst nur durch unverhältnissemäßigen Aufwand zu beseitigen ist und dadurch der Einsatz des Software-Produkts nicht erheblich leidet. f) XINET und ihre Vertragshändler haften nicht, wenn der Fehler unseres Produkts auf einem Unfall, Mißbrauch oder fehlerhaften Anwendung beruht. g) XINET und ihre Vertragshändler haften nicht für Folgeschäden und im übrigen nur nach den Bestimmungen der Ziff. 5. Weitergehende Gewährleistungsansprüche sind ausgeschlossen. Darüber hinausgehende Leistungen bieten XINET und ihre Vertragshändler im Zusammenhang mit Support-Leistungen an, soweit nicht ein zusätzlicher Vertrag über Support-Leistungen abgeschlossen wurde. 5. Haftung a) XINET und ihre Vertragshändler haften für anfängliches Unvermögen, Verzug und Unmöglichkeit auf solche Schäden begrenzt, die aufgrund der vertraglichen Verwendung typisch und vorhersehbar sind. In einem derartigen Fall ist die Haftung auf den Betrag, den Sie für das Software-Produkt bezahlt haben, begrenzt. b) Im übrigen haften XINET und ihre Vertragshändler unbeschränkt nur für Schäden, die durch Vorsatz oder grobe Fahrlässigkeit ihrer gesetzlichen Vertreter und/oder ihrer leitenden Angestellten verursacht wurden. Für Schäden, die durch ein Verschulden sonstiger Mitarbeiter und Erfüllungsgehilfen verursacht worden sind, haften XINET und ihre Vertragshändler nur im Umfang der Haftung nach Ziff. 5.a). c) Für leichte Fahrlässigkeit haften XINET und ihre Vertragshändler nur, sofern eine Pflicht verletzt wird, deren Einhaltung für die Erreichung des Vertragszwecks von besonderer Bedeutung ist (Kardinalpflicht). Bei Verletzung einer Kardinalpflicht gilt Ziff. 5.a) entsprechend. d) Den besonderen Risiken der Überlassung des Software-Produkts entsprechend wird die Haftung für Folgeschäden und entgangenen Gewinn ausgeschlossen, soweit ein derartiger Schaden nicht auf Rechtsmängel, das Fehlen zugesicherter Eigenschaften, Vorsatz oder grobe Fahrlässigkeit der gesetzlichen Vertreter oder leitenden Angestellten zurückzuführen ist. XINET und ihre Vertragshändler haften nur für die Wiederherstellung von Daten, soweit Sie regelmäßig und gefahr-entsprechend Sicherungskopien angefertigt und sichergestellt haben, daß die Daten aus diesen Sicherungskopien mit vertretbaren Aufwand rekonstruiert werden können. Eine darüber hinausgehende Haftung für Datenverluste ist ausgeschlossen. e) Die vorstehenden Regelungen gelten auch zugunsten der Mitarbeiter und Erfüllungsgehilfen von XINET und ihren Vertragshändlern. Die Haftungsbeschränkungen gelten nicht für Ansprüche nach dem Produkthaftungsgesetz. 6. Anwendbares Recht. Wenn Sie unser Produkt in Deutschland gekauft haben, unterliegt der Lizenzvertrag deutschem Recht.
