| C.A.P.S. - The Classic Amiga Preservation Society |
| Freeware License Agreement (License, Copyright and Terms of Use) |
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| ATTENTION: READ CAREFULLY: By using, copying, or distributing the |
| accompanying software you indicate your acceptance of the following |
| C.A.P.S. Freeware License Agreement ("Agreement"). |
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| PREAMBLE |
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| The C.A.P.S. philosophy dictates that the technology associated with |
| allowing floppy disk based computer games (C.A.P.S. is not just an |
| Amiga focused organisation, even though it started out that way) to be |
| contained in a preservable form should be provided for free (free as |
| in "free beer"). No profit whatsoever should be made as a result of |
| this technology with exception of the original copyright holders. |
| |
| This license enforces this philosophy. It protects against misuse of |
| a technology that has been a long time in development and is provided |
| to the Amiga community or anyone else who would like to use it. It also |
| intends to protect C.A.P.S. itself from possible legal liability. |
| |
| The C.A.P.S. software should be thought of as an "enabler", a form of |
| distribution. It is just as a ZIP file, just as an ADF file, just as |
| your favourite writable CDROM brand. The data or content held by these |
| files or media is entirely the responsibility of you, the user. If you |
| do not own the product content then you are likely to be breaking the |
| license of the content provider or copyright owner. Ultimately, the |
| C.A.P.S. technology is just an abstract digital recording medium. |
| |
| You may notice that this license is very strict in pursuit of getting |
| it into the hands of people who wish to use it for free. You cannot |
| charge to give it to somebody, not even for media costs. You cannot |
| have it on a CDROM that is distributed for payment. You cannot use |
| it as part of providing a service that receives payment in any form. |
| |
| The only exception where the C.A.P.S. technology may be possibly used |
| with payment is by an original copyright holder (or appointed body). |
| They can of course contact C.A.P.S. for a special license for games |
| they own so long as proof of ownership is provided and such a license |
| will be restricted to these games. This special license will of course |
| be provided completely for free. |
| |
| Infringement of any of the terms of this license is breaching |
| international copyright laws, but it also hurts the communities |
| benefiting from the technology by risking its future improvement |
| and availability. |
| |
| This license was not produced for the fun of it, you should note that |
| only those who could possibly financially or otherwise benefit from the |
| product are being restricted. Free use (as a user) is not limited, it |
| is absolutely free and will stay free forever. |
| |
| If you do not agree with any of the terms in this license for the |
| Technology then you are obviously free to choose not to use it. |
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| The latest version of this license and libraries can be found on our |
| site: http://www.caps-project.org. |
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| It is very easy to comply with this license: Do not sell, modify or |
| abuse the software or images. That's it. Everything else mentioned is |
| here for those who may not understand these very simple rules. :) |
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| |
| 1. CLARIFICATION. The software product and accompanying documentation |
| (the program's object code and documentation are collectively |
| referred to as the "Technology") is a technology and does not imply |
| any restrictions, warranty, license, obligation or any other link or |
| association with what it may contain (the data encapsulated by the |
| Technology is referred to as the "Content"). |
| |
| Unless otherwise noted, The Classic Amiga Preservation Society |
| ("C.A.P.S.") does not hold the copyright of the "Content", the data |
| being reproduced, preserved, represented using the Technology. All |
| copyright of Content provided using the Technology is held by its |
| respective owners. Terms and conditions may apply to the Content |
| that do not affect whatsoever the license agreement provided with |
| the Technology. |
| |
| |
| 2. LICENSE. C.A.P.S. hereby grants you (each licensee is addressed as |
| "you") a non-exclusive, transferable license to use the Technology |
| on the following terms and only for non-profit purposes (see Section |
| 3 below). You may: |
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| a. use the Technology on any computer in your possession; |
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| b. make copies of the Technology; and |
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| c. distribute the Technology (subject to the requirements of Section |
| 3 and 4) only in the form originally furnished by C.A.P.S. with no |
| modifications whatsoever. However, the Technology may be distributed |
| as part of another software product provided that the particular |
| distribution that contains the Technology is provided for non-profit |
| purposes as defined in Section 3 below. Making or distributing any |
| for-profit distributions, versions, revisions or releases of said |
| software product that contains the Technology is prohibited. |
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| |
| 3. LIMITATIONS ON LICENSE. The license granted in Section 2 is subject |
| to the following restrictions: |
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| a. The Technology is to be used only for non-profit purposes unless |
| you obtain prior written consent from C.A.P.S. Prohibited for-profit |
| and commercial purposes include, but are not limited to: |
| |
| (i) Selling, licensing or renting the Technology to third parties |
| for a fee (by payment of money or otherwise, whether direct or |
| indirect); |
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| (ii) Using the Technology to provide services or products to others |
| for which you are compensated in any manner (by payment of money |
| or otherwise, whether direct or indirect), including, without |
| limitation, providing support or maintenance for the Technology; |
| |
| (iii) Distribution or use from which any form of income is received |
| regardless of profits therefrom, or from which any revenue or |
| promotional value is received, as well as any distribution to or |
| use in a corporate environment. Use of the Technology to promote |
| or support a commercial venture is included in this restriction. |
| |
| (iv) Using the Technology to develop a similar application on any |
| platform for commercial distribution; or |
| |
| (v) Using the Technology in any manner that is generally |
| competitive with a C.A.P.S. product as defined by C.A.P.S. |
| |
| b. Media costs associated with the distribution of the Technology may |
| not be recovered. You shall use your best efforts to promptly notify |
| C.A.P.S. upon learning of any violation of the above commercial |
| restrictions. |
| |
| c. On each copy of the Technology you must conspicuously and |
| appropriately reproduce this license, copyright notice, and |
| disclaimer of warranty; keep intact this Agreement and all notices |
| that refer to this Agreement or any absence of warranty (whether |
| written or interactively displayed); and give any other recipients |
| of the Technology a copy of this Agreement. |
| |
| d. You may not modify, combine commercial applications with, or |
| otherwise prepare derivative works of the Technology. Derivative |
| works are defined as but not limited to: |
| |
| (i) Alternative support libraries. We are open to porting to other |
| platforms, and so third parties doing such is unnecessary and |
| violates the terms of this license. |
| |
| (ii) Alternative tools that operate on files of the format as |
| defined by the Technology. This includes but is not limited to: |
| mastering tools (tools that enable Content to be written back to |
| physical media like a floppy disk). Reproducing Content provided |
| through or by the Technology to any other kind of media, such as |
| alternative content provider technology (this also covers any kind |
| of converter with the intention of extracting the Content to held |
| by any other alternate media format that represents the same |
| independently working Content). Additions, removals or other |
| modification of data contained by the images. |
| |
| e. C.A.P.S., in its sole and absolute discretion, may have included |
| a portion of the source code or online documentation of the |
| Technology. Except for any such portions, you shall not REVERSE |
| ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE ANY PORTION OF |
| THE TECHNOLOGY TO ANY HUMAN PERCEIVABLE FORM, except to the extent |
| this restriction is prohibited by applicable law. |
| |
| f. Commercial software (as defined in this section 3) may not |
| contain any part of the Technology except for that part that is |
| defined as the "access API" (the header files that allow interaction |
| with the library itself, this is available separately from our site |
| and has its own license). This interface to the Technology "library" |
| is provided is by us to enable the users of the commercial software |
| to benefit from the Technology and still let the commercial software |
| comply with this license. In this way, the Technology itself need |
| not (and should not) be distributed with a commercial product. The |
| user should be advised that he can obtain this missing "plugin" from |
| the C.A.P.S. site and that it comes with its own license that is not |
| affected in any way by the license covering the commercial product. |
| This otherwise does not effect the assertion that the Technology may |
| not be used by commercial software as defined by this section 3. |
| |
| g. No distribution may include the totality or part of the |
| Technology (including the Content encapsulated by the technology), |
| changed, unchanged, encrypted, archived, in whatever form, unless |
| according to the Licence or special agreement with C.A.P.S. This |
| Technology, including Content must never be found on any paid-for |
| medium. |
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| 4. DISTRIBUTION: As used in this Agreement, the term "distribute" (and |
| its variants) includes making the Technology available (either |
| intentionally or unintentionally) to third parties for copying or |
| use, including providing timeshare access. Each time you distribute |
| the Technology, the recipient must expressly agree to comply with |
| these terms and conditions. The recipient automatically receives |
| this license to use, copy, or distribute the Technology 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 with this |
| Agreement by recipients. |
| |
| |
| 5. TITLE. Title, ownership rights, and intellectual property rights in |
| and to the Technology, and each copy thereof (including all |
| copyrights therein), shall remain in C.A.P.S. The Technology is |
| protected by international copyright treaties. |
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| |
| 6. NO C.A.P.S. OBLIGATION. You are solely responsible for all of your |
| costs and expenses incurred in connection with the distribution of |
| the Technology, and C.A.P.S. shall have no liability, obligation or |
| responsibility therefor. C.A.P.S. shall have no obligation to |
| provide maintenance, support, upgrades or new releases to you or |
| to any distributee of the Technology. |
| |
| |
| 7. NO WARRANTY. THE SOFTWARE IS LICENSED FREE OF CHARGE, AND THERE IS |
| NO WARRANTY FOR THE TECHNOLOGY. C.A.P.S. PROVIDES THE TECHNOLOGY |
| "AS IS," AND C.A.P.S., AND ALL OTHER PERSONS WHO HAVE BEEN INVOLVED |
| IN THE CREATION, PRODUCTION, OR DELIVERY OF THE TECHNOLOGY, DISCLAIM |
| ALL CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, |
| STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY |
| CONDITIONS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY |
| QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO |
| THE RESULTS, QUALITY AND PERFORMANCE OF THE TECHNOLOGY IS WITH YOU |
| AND YOUR DISTRIBUTEES. SHOULD THE TECHNOLOGY PROVE DEFECTIVE, YOU |
| AND YOUR DISTRIBUTEES (AND NOT C.A.P.S.) ASSUME THE COST OF ALL |
| NECESSARY SERVICING, REPAIR OR CORRECTION. C.A.P.S. MAKES NO |
| WARRANTY OF NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF |
| THIRD PARTIES. |
| |
| |
| 8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL |
| THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL C.A.P.S., OR ANY OTHER |
| PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR |
| DELIVERY OF THE TECHNOLOGY BE LIABLE TO YOU OR ANY OTHER PERSON FOR |
| ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, |
| OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THIS AGREEMENT OR |
| THE USE OF OR INABILITY TO USE THE TECHNOLOGY, INCLUDING BUT NOT |
| LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, LOSS OF DATA, OUTPUT |
| FROM THE TECHNOLOGY OR DATA BEING RENDERED INACCURATE, FAILURE OF |
| THE TECHNOLOGY TO OPERATE WITH ANY OTHER PROGRAMS, DAMAGES FOR LOSS |
| OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, |
| OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF |
| C.A.P.S. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. |
| |
| |
| 9. INDEMNIFICATION. You and your distributees shall defend, indemnify |
| and hold harmless C.A.P.S., and all other persons who have been |
| involved in the creation, production, or delivery of the Technology, |
| from any claim, demand, liability, damage award, suit, judgement, or |
| other legal action (including reasonable attorney's fees) arising |
| out of your use, distribution, modification, or duplication of the |
| Technology. |
| |
| |
| 10 TERMINATION. The license granted hereunder is effective until |
| terminated by C.A.P.S.. You may terminate it at any time by |
| destroying the Technology. This license will terminate automatically |
| if you fail to comply with the limitations described above. On |
| termination, you must destroy all copies of the Technology. The |
| termination of your license will not result in the termination of |
| the licenses of any distributees who have received rights to the |
| Technology through you so long as they are in compliance with the |
| provisions of this Agreement. |
| |
| |
| 11. MISCELLANEOUS. This Agreement represents the complete agreement |
| concerning this license between the parties and supersedes all |
| prior agreements and representations between them. It may not be |
| amended. If any provision of this Agreement is held to be |
| unenforceable for any reason, this Agreement shall terminate. |
| |
| The most current version of this license is kept on the C.A.P.S. |
| web site. Due notice shall be given if ever the license changes, |
| then all versions of the Technology will be constrained by the |
| newer license. |
| |
| Anything else not covered by this agreement must be agreed with |
| us before any action can be taken by any party. |
| |
| Address all correspondence regarding this license to: |
| |
| C.A.P.S. |
| license@caps-project.org |
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| |
| Copyright and Trademark Notices: |
| -------------------------------- |
| The Technology is Copyright (c) C.A.P.S. 2003. All rights reserved. |
| The documentation and all computer files are also Copyright |
| (c) C.A.P.S. 2003. All rights reserved. These rights include but are |
| not limited to any foreign language translations of the documentation |
| or the Technology, and all derivative works of both. All other |
| trademarks are the property of their respective owners. |
| |
| |
| C.A.P.S. |
| The Classic Amiga Preservation Society |
| http://www.caps-project.org |