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| Tanuki Software, Inc. |
| Community Software License Agreement |
| Version 1.0 |
| |
| IMPORTANT-READ CAREFULLY: This license agreement is a legal agreement |
| between you and Tanuki Software, Inc.("TSI"), which includes computer |
| software, associated media, printed materials, and may include online |
| or electronic documentation ( Software ). PLEASE READ THIS AGREEMENT |
| CAREFULLY BEFORE YOU INSTALL, COPY, DOWNLOAD OR USE THE SOFTWARE |
| ACCOMPANYING THIS PACKAGE. |
| |
| Section 1 - Grant of License |
| |
| Community editions of the Software are made available on the GNU |
| General Public License, Version 2 ("GPLv2"), included in Section 3 of |
| this license document. All sections of the Community Software License |
| Agreement must be complied with in addition to those of the GPLv2. |
| |
| |
| Section 2 - Your Obligations |
| |
| A copy of this license must be distributed in full with the Product |
| in a location that is obvious to Your customers. The Software |
| Program may not be modified, nor may the Product in any way obfuscate |
| or obstruct the copyright notice and license information displayed in |
| the console and log files by the Software Program on startup. |
| |
| |
| Section 3 - GPLv2 License Agreement |
| |
| 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 Library General Public License |
| instead.) You can apply it to your programs, too. |
| |
| When we speak of free software, we are referring to freedom, not |
| price. Our General Public Licenses are designed to make sure that |
| you have the freedom to distribute copies of free software (and |
| charge for this service if you wish), that you receive source code |
| or can get it if you want it, that you can change the software or |
| use pieces of it in new free programs; and that you know you can |
| do these things. |
| |
| To protect your rights, we need to make restrictions that forbid |
| anyone to deny you these rights or to ask you to surrender the |
| rights. These restrictions translate to certain responsibilities |
| for you if you distribute copies of the software, or if you modify |
| it. |
| |
| For example, if you distribute copies of such a program, whether |
| gratis or for a fee, you must give the recipients all the rights |
| that you have. You must make sure that they, too, receive or can |
| get the source code. And you must show them these terms so they |
| know their rights. |
| |
| We protect your rights with two steps: |
| |
| (1) copyright the software, and |
| (2) offer you this license which gives you legal permission to |
| copy, distribute and/or modify the software. |
| |
| Also, for each author's protection and ours, we want to make |
| certain that everyone understands that there is no warranty for |
| this free software. If the software is modified by someone else |
| and passed on, we want its recipients to know that what they have |
| is not the original, so that any problems introduced by others |
| will not reflect on the original authors' reputations. |
| |
| Finally, any free program is threatened constantly by software |
| patents. We wish to avoid the danger that redistributors of a free |
| program will individually obtain patent licenses, in effect making |
| the program proprietary. To prevent this, we have made it clear |
| that any patent must be licensed for everyone's free use or not |
| licensed at all. |
| |
| The precise terms and conditions for copying, distribution and |
| modification follow. |
| GNU GENERAL PUBLIC LICENSE |
| TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION |
| |
| 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 |
| |
| |
| Section 4 - 3rd Party Components |
| |
| (1) The Software Program includes software and documentation components |
| developed in part by Silver Egg Technology, Inc.("SET") prior to |
| 2001. All SET components were released under the following license. |
| |
| Copyright (c) 2001 Silver Egg Technology |
| |
| 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, sub-license, and/or |
| sell copies of the Software, and to permit persons to whom the |
| Software is furnished to do so, subject to the following |
| conditions: |
| |
| The above copyright notice and this permission notice shall be |
| included in all copies or substantial portions of the Software. |
| |
| THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, |
| EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES |
| OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND |
| NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT |
| HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, |
| WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING |
| FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR |
| OTHER DEALINGS IN THE SOFTWARE. |