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FixMeStick End User License Agreement

Please read carefully the following legally binding End User License Agreement (the "License Agreement") between FixMeStick Technologies Inc. (FixMeStick) and Licensee (as defined below) which governs Licensee's use of the Device.

By selecting the accept option, breaking the seal on the package or installing, copying or otherwise using the Device (the "Start Date"), Licensee acknowledges that Licensee has read, understands, and agrees to be bound by the terms of this License Agreement, unamended. If Licensee does not agree with the terms of this License Agreement, License must not install or otherwise use the Device and, if applicable, within 30 days after purchase must return the Device (including any packaging and accompanying items) to FixMeStick or Licensee's supplier, as applicable, together with proof of purchase for a full refund.

Also, by installing, copying or otherwise using Updates and/or Upgrades, Licensee agrees to be bound by any additional license terms that accompany such Updates and/or Upgrades. If Licensee does not agree to the additional license terms that accompany such Updates and/or Upgrades, Licensee may not install, copy or use such Updates and/or Upgrades.

Where a reseller, service provider, consultant, contractor or other party downloads or otherwise provides the Device for Licensee and/or installs or activates the Device on Licensee's behalf prior to Licensee's use of the Device, such reseller, service provider, consultant, contractor or other party will be deemed to be Licensee's agent acting on Licensee's behalf and Licensee will be deemed to have accepted all of the terms and conditions of this License Agreement as if Licensee had directly downloaded, installed or used the Device.

1.        DEFINITIONS

  1. "Computer" means where the Device is used.
  2. "Computer Licenses" means the maximum number of Computers that are permitted to benefit from the Device as set out on the FixMeStick invoice, packaging or other included documentation.
  3. "Device" means the FixMeStick device consisting of the Hardware and the device Software, including any and all third party software, Updates and Upgrades.
  4. "Documentation" means any documentation provided to Licensee by FixMeStick (whether electronic or printed) which accompanies the Device or any Update or Upgrade.
  5. "Fee" or 'Fees' means the sums payable by Licensee in respect of a license to use the Device.
  6. "Hardware" means the Device hardware itself, together with any related components.
  7. "Initial License Duration" means the date set out on the invoice sent to Licensee.
  8. "License Term" means the Initial Licensee Duration and any renewal period in accordance with the terms of this License Agreement, if any.
  9. "Licensee" means the purchaser of the license rights granted by this License Agreement.
  10. "Licensee's Internal Business or Personal Purpose" has the definition set out in Clause 3.2.1.
  11. "Software" means any program or data file supplied to Licensee by FixMeStick or its resellers, distributors or dealers, either on the Device or otherwise, including any Upgrades, and Updates.
  12. "Start Date" means such date of acceptance as described in the first paragraph of this License Agreement.
  13. "Update" means an update to the library of rules and/or identities made available to Licensee by FixMeStick (or its suppliers).
  14. "Upgrade" means any enhancement or improvement to the functionality of the Device (excluding Updates) made available to Licensee by FixMeStick (or its suppliers)at its sole discretion from time to time but excluding any software and/or updates marketed and licensed by FixMeStick as a new product or bundle where such new product or bundle is provided to FixMeStick"s customers generally for a separate Fee.
  15. "User" means the Licensee himself/herself/itself or an employee, consultant or other individual who uses a Computer which benefits from the Device licensed to Licensee, as applicable, and "Users" shall be construed accordingly.

2.        COPYRIGHT AND OWNERSHIP

2.1  FixMeStick retains title to the Hardware until such time as any evaluation period (if applicable) expires and Licensee pays the Fees. Unless and until Licensee has paid the Fees, Licensee agrees to keep the Hardware free and clear of all claims, liens, and encumbrances except those of FixMeStick, and any act by Licensee, either voluntary or involuntary, purporting to create a claim, lien or encumbrance on the Device shall be void. Once Licensee has paid the Fees, title to the Hardware shall pass to Licensee. Risk of loss passes to Licensee upon shipment of the Device to Licensee. Insurance, if any, covering the Device shall be Licensee's responsibility. Licensee owns only the Hardware on which the Software is installed. Licensee does not own the Software itself. The Device, Software and the Documentation including all intellectual property, know-how, concepts, logic and specifications related to the Device are proprietary products of FixMeStick and/or its licensors and are protected throughout the world by copyright and other intellectual property rights. No license, right or interest in FixMeStick's logos, or trademarks is granted to Licensee under this License Agreement and Licensee hereby agrees not to remove any product identification or notices of proprietary restrictions. Further, Licensee hereby acknowledges and agrees that the right, title and interest in the Software and the Documentation, and in any modifications made by Licensee to the Software or Documentation, as provided for below in this License Agreement, is retained by FixMeStick. Notwithstanding the foregoing, FixMeStick and any third party suppliers shall retain any and all intellectual property rights in the Hardware.

2.2 Licensee acknowledges that the Hardware is sold hereunder solely as the medium for delivery and operation of the Software and, unless otherwise agreed by the parties in writing, FixMeStick at its option may provide Hardware that is either new or refurbished.

3.        RIGHTS AND RESTRICTIONS

3.1 License Term.  This License Agreement is effective from the Start Date, and shall remain in force during the License Term. If Licensee wants to renew Licensee's license, Licensee should contact FixMeStick or Licensee's reseller, distributor or dealer, as applicable. Licensee's obligations under this License Agreement in respect of the intellectual property and confidential information of FixMeStick shall survive any expiry or termination of this License Agreement.

3.2 Rights. In consideration of the payment of the Fee by Licensee, FixMeStick hereby grants to Licensee a limited non-exclusive right to use the Device for the License Term subject to the terms and conditions contained within this License Agreement. Licensee is permitted to:

3.2.1 use the Device for Licensee's Internal Business or Personal Purpose, relating specifically to the integrity of Licensee's systems, networks, documents, emails and other data ("Licensee's Internal Business or Personal Purpose"). The number of Computers for which Licensee may use the Device must not exceed the number of Computer Licenses. Licensee is wholly responsible for the compliance by Users with this License Agreement; and/or

3.2.2 use, copy, reproduce in whole or in part, adapt and modify the Documentation for Licensee's Internal Business or Personal Purpose only

3.3 Restrictions. Licensee is not permitted to:

3.3.1 modify or translate the Products except (i) as necessary to configure the Licensed Products using the menus, options and tools provided for such purposes and contained in the Software; (ii) in relation to the Documentation, except as necessary to produce and adapt manuals and/or other documentation for Licensee's Internal Business or Personal Purpose;

3.3.2 reverse engineer, disassemble (including without limitation, removing the covering plates which bar access to the Hardware internals and/or accessing internal components of the Hardware) or decompile the Device or any portion thereof or otherwise attempt to derive or determine the source code or the logic therein except to the extent and for the express purposes authorised by applicable law;

3.3.3  install and/or run on the Device any software applications other than the Software;

3.3.4 transmit or provide access to the Device save as provided in this License Agreement;

3.3.6 sub-license, rent, sell, lease, distribute or otherwise transfer the Device save as provided under this License Agreement unless Licensee obtains a separate license from FixMeStick for such purposes (for example, Licensee may not embed any part of the Device into another application and then distribute such to third parties unless Licensee first acquires an OEM license from FixMeStick);

3.3.7 sub-license, rent, sell, lease, distribute or otherwise transfer the Device to any individual who is not acting in the course of Internal Business or Personal Purpose;

3.3.8 use the Device in or in association with safety critical applications where the failure of the Device to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at Licensee's own risk, and Licensee agrees to indemnify and hold FixMeStick harmless from any and all claims or losses resulting from or relating to such unauthorized use; and/or

3.3.9 use the Device for the purposes of competing with FixMeStick or its suppliers, including without limitation competitive intelligence.

4.        MAINTENANCE

4.1 Licensee acknowledges and agrees that the Device and FixMeStick may directly and remotely communicate for the purposes of, without limitation, verifying Licensee's credentials, issuing reports and alerts such as automated support requests and alert messages, and to provide maintenance or support.

5.        WARRANTIES

5.1 FixMeStick warrants to Licensee only that:

5.1.1  For a period of ninety (90) days from the date of purchase (the 'Software Warranty Period") the Software will perform substantially in accordance with the Documentation provided that they are operated in accordance with the Documentation on the designated operating system(s) ; and

5.1.2 For as long Licensee has a valid, fully paid up, unexpired license for a Device, FixMeStick warrants that the Hardware shall be free of defects in materials and workmanship under normal use and service and substantially conform to the Documentation (the "Hardware Warranty").

5.2 FixMeStick's entire liability and Licensee's sole remedy under the warranties described in Clause 5.1 shall be (at FixMeStick's option) to correct, repair or replace the Hardware, or Software, as applicable, within a reasonable time or provide or authorise a refund of the Fee following the return of the Device accompanied by proof of purchase. Any items provided as replacement under the terms of this warranty will be warranted for the remainder of the original warranty period.

5.3 Upon discovery of any failure of the Hardware (or any of its component), Licensee may sent a request to FixMeStick's support. Upon receipt of a valid Hardware Warranty claim, FixMeStick may replace the defective Device as soon as commercially possible, with a new or refurbished Device, at FixMeStick's sole discretion.

5.4 Title to the allegedly defective Hardware or component part shall pass to FixMeStick on shipment by Licensee of the Device to the return location indicated by FixMeStick. Should the Hardware or component part(s) of the Hardware returned by Licensee: (i) be deemed not to be defective or "no fault found" (NFF); or (ii) should a returned Device be missing any Hardware, FixMeStick will invoice Licensee and Licensee agrees to pay the cost of the Hardware or component part of the Hardware, as applicable. FixMeStick SHALL NOT BE RESPONSIBLE FOR MAINTAINING OR PROTECTING ANY CONFIGURATION SETTINGS OR DATA FOUND ON THE RETURNED DEVICE OR COMPONENT PART OF THE DEVICE. Title to the replacement Hardware provided to Licensee in accordance with Clauses 5.2 and 5.3 respectively shall pass to Licensee on shipping or payment of the hardware Fee, whichever is the later. Risk of loss in relation to any replacement Hardware provided to Licensee shall pass to Licensee upon shipment of such Device to Licensee. Licensee shall be responsible for any insurance for the replacement Hardware.

5.5 The warranties contained in this License Agreement do not apply to repair or replacement caused or necessitated by: (i) accident; unusual physical, electrical or electromagnetic stress; neglect; misuse; fluctuations in electrical power beyond those set out in the specifications; failure of air conditioning or humidity control; improper maintenance, or any other misuse, abuse or mishandling; (ii) force majeure including without limitation natural disasters such as fire, flood, wind, earthquake, lightning or similar disaster; (iii) governmental actions or inactions; (iv) strikes or work stoppages; (v) Licensee's failure to follow applicable use or operations instructions or manuals; (vi) Licensee's failure to implement, or to allow FixMeStick or its agents to implement, any corrections or modifications to the Device made available to Licensee by FixMeStick; or (vii) such other events outside FixMeStick's reasonable control.

5.6 THE ABOVE WARRANTIES ARE NULL AND VOID IF ANY WARRANTY STICKERS ARE TAMPERED WITH OR ARE MISSING, OR, IF THE DEVICE WAS REPAIRED OR ALTERED BY PERSONNEL OTHER THAN THOSE AUTHORISED BY FIXMESTICK.

6.        DISCLAIMER OF WARRANTIES

6.1 EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN CLAUSE 5, FIXMESTICK AND ANY OF ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE IN RELATION TO THE DEVICE (INCLUDING ANY AND ALL SOFTWARE OR HARDWARE COMPONENT INCLUDED THEREIN) INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM COURSE OF DEALING, USAGE OR TRADE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE.

WITHOUT LIMITATION TO THE FOREGOING, FIXMESTICK DOES NOT WARRANT THAT THE DEVICE WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE DEVICE WILL BE ERROR FREE OR UNINTERRUPTED OR THAT DEFECTS IN THE DEVICE (OTHER THAN HARDWARE DEFECTS WITHIN THE HARDWARE WARRANTY) WILL BE CORRECTED. FIXMESTICK DOES NOT WARRANT THAT THE DEVICE WILL DETECT AND/OR CORRECTLY IDENTIFY AND/OR DISINFECT ALL THREATS, APPLICATIONS (WHETHER MALICIOUS OR OTHERWISE) OR OTHER COMPONENTS.

6.2 FIXMESTICK DOES NOT WARRANT OR REPRESENT THAT LICENSEE IS ENTITLED TO BLOCK ANY THIRD PARTY APPLICATIONS AND EXPRESSLY DISCLAIMS LIABILITY FOR ANY SUGGESTIONS MADE BY FIXMESTICK (INCLUDING WITHOUT LIMITATION BY ITS EMPLOYEES, CONSULTANTS AND SUB-CONTRACTORS) IN CONNECTION WITH LICENSEE'S USE OF THE DEVICE.

6.3 LICENSEE FURTHER ACKNOWLEDGES AND AGREES THAT LICENSEE SHALL BE SOLELY RESPONSIBLE FOR PROPER BACK-UP OF ALL DATA BEFORE USING THE DEVICE AND THAT LICENSEE SHALL TAKE APPROPRIATE MEASURES TO PROTECT SUCH DATA. FIXMESTICK AND ITS LICENSORS AND SUPPLIERS ASSUME NO LIABILITY OR RESPONSIBILITY WHATSOEVER IF DATA IS LOST.

7.        LIMITATION OF LIABILITY

7.1 LICENSEE USES THE DEVICE AT LICENSEE'S OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIXMESTICK, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ANY OF ITS LICENSORS AND SUPPLIERS BE LIABLE TO LICENSEE FOR (OR TO THOSE CLAIMING THROUGH LICENSEE) FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF CONTRACTS, BUSINESS INTERRUPTIONS, LOSS OF OR CORRUPTION OF DATA HOWEVER CAUSED ARISING OUT OF RELATING TO THIS AGREEMENT, OR CAUSED BY THE DEVICE, OR THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE, THE SERVICES, THE WORK PRODUCTS OR THE, EVEN IF FIXMESTICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY.

7.2 IN NO EVENT SHALL FIXMESTICK'S AGGREGATE LIABILITY TO LICENSEE ARISING OUT OF OR IN CONNECTION WITH THIS LICENCE AGREEMENT, FROM ALL CAUSES OF ACTION AND THEORIES OF LIABILITY, EXCEED THE AMOUNTS PAID BY LICENSEE FOR THE DEVICE.

8.        OPTIONAL DATA SHARING

8.1 If Licensee does not choose to allow: (i) sharing of data with FixMeStick in order to improve protection and/or application control; or (ii) remote assistance, this Clause 8 does not apply to Licensee.

8.2 If Licensee chooses to allow sharing of such supplementary data with FixMeStick or authorise FixMeStick to provide remote assistance, Licensee shall be deemed to have agreed to implement optional functions which allow the Device to provide FixMeStick with various data. While FixMeStick does not intend that such data include proprietary, confidential or user-identifiable data, by enabling this option Licensee acknowledges that it may be possible for such data to include proprietary, confidential or user-identifiable data and Licensee represents to FixMeStick that Licensee has obtained all necessary permissions to share such data with FixMeStick.

8.3  Licensee agrees that FixMeStick may use any technical information provided by Licensee, including without limitation information provided under the terms of this Clause 8, for its business purposes, including without limitation for product support and development.

9.        DATA COLLECTION

To improve the detection of malicious software, the following information may be automatically transferred to FixMeStick and its OEM suppliers for which each OEM supplier becomes a rightholder:

 

- Checksums of processed files (MD5).

- Potentially malicious files.

- The name and the version of the anti-virus software.

- Checksums of the detected object name (MD5).

 

Obtained information will be treated anonymously, and may contain personal or confidential information of the Licensee.

10.    CONFIDENTIALITY

10.1 The Device may include confidential information that is secret and valuable to FixMeStick and its licensors. Licensee is not entitled to use or disclose that confidential information other than strictly in accordance with the terms of this License Agreement.

11.    INDEMNITY

11.1 Licensee agrees to release, indemnify, defend and hold harmless FixMeStick and any of its licensors, suppliers, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney's fees and expenses, of third parties relating to or arising out of (a) Licensee's breach of this License Agreement, or (b) Licensee's use or misuse of  the Device or the use or misuse of the Device by a User or by a third party under Licensee's control. FixMeStick may, at its own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by Licensee, but its doing so shall not excuse Licensee's indemnity obligations in this License Agreement. The terms of this Clause 10.1 will survive any termination or cancellation of this License Agreement.

12.    AMENDMENT

We may from time to time modify the terms of this License Agreement. Any changes to this License Agreement will be effective immediately for current and new Licensees.

13.    GENERAL

13.1 Any reseller, distributor or dealer from whom Licensee may have purchased the Device is not appointed or authorised by FixMeStick as its servant or agent. No such person has any authority, either express or implied, to enter into any contract or provide Licensee with any representation, warranty or guarantee with or to Licensee or to translate or modify this License Agreement in any way on behalf of FixMeStick or otherwise to bind FixMeStick in any way whatsoever.

13.2 Licensee agrees to pay the Fee in full in accordance with an invoice from FixMeStick, or an authorised reseller, distributor, or dealer, if applicable. Unless otherwise stated, the Fee is exclusive of any federal, state, provincial, municipal or other governmental taxes, duties, licenses, fees, excises or tariffs. Licensee agrees to pay such taxes.

13.3 This License Agreement constitutes the entire agreement between the parties with respect to the use of the Device licensed hereunder and supersedes all prior understandings regarding such subject matter.

13.4 The illegality, invalidity or unenforceability of any part of this License Agreement will not affect the legality, validity or enforceability of the remainder.

13.5 This License Agreement is governed by and interpreted in accordance with the laws of the Province of Quebec, Canada without regard to any conflict of law principles to the contrary. The 1980 U.N. Convention on Contracts for the International Sale of Goods or any successor thereto does not apply. Licensee hereby irrevocably agrees to submit to the jurisdiction of the provincial and federal courts located in Montreal, Quebec any dispute arising out of or in connection with this License Agreement, including any question regarding the Device. Licensee will not prosecute any action, suit, proceeding or claim arising under or by reason of this License Agreement except in such courts.

13.6 Licensee will not assign this License Agreement to any third party without FixMeStick's prior written consent. FixMeStick may assign this License Agreement or any rights under this License Agreement to any third party without Licensee's consent. Any assignment in violation of this Section will be void.

13.7 Any notices required to be given in writing to FixMeStick or any questions concerning this License Agreement should be addressed to The Company Secretary, FixMeStick Technologies Inc. 5 Renfrew Ave, Westmount, QC, H3Y2X3, Canada.

Copyright FixMeStick Technologies Inc. 2018

 

The software included in this product contains copyrighted software that is licensed under the GPLv3. A copy of that license is below,

GNU GENERAL PUBLIC LICENSE

Version 3, 29 June 2007

Copyright © 2007 Free Software Foundation, Inc. <https://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. For both users' and authors' sake, the GPL requires that modified versions be marked as changed, so that their problems will not be attributed erroneously to authors of previous versions.

Some devices are designed to deny users access to install or run modified versions of the software inside them, although the manufacturer can do so. This is fundamentally incompatible with the aim of protecting users' freedom to change the software. The systematic pattern of such abuse occurs in the area of products for individuals to use, which is precisely where it is most unacceptable. Therefore, we have designed this version of the GPL to prohibit the practice for those products. If such problems arise substantially in other domains, we stand ready to extend this provision to those domains in future versions of the GPL, as needed to protect the freedom of users.

Finally, every program is threatened constantly by software patents. States should not allow patents to restrict development and use of software on general-purpose computers, but in those that do, we wish to avoid the special danger that patents applied to a free program could make it effectively proprietary. To prevent this, the GPL assures that patents cannot be used to render the program non-free.

The precise terms and conditions for copying, distribution and modification follow.

TERMS AND CONDITIONS
0. Definitions.

“This License” refers to version 3 of the GNU General Public License.

“Copyright” also means copyright-like laws that apply to other kinds of works, such as semiconductor masks.

“The Program” refers to any copyrightable work licensed under this License. Each licensee is addressed as “you”. “Licensees” and “recipients” may be individuals or organizations.

To “modify” a work means to copy from or adapt all or part of the work in a fashion requiring copyright permission, other than the making of an exact copy. The resulting work is called a “modified version” of the earlier work or a work “based on” the earlier work.

A “covered work” means either the unmodified Program or a work based on the Program.

To “propagate” a work means to do anything with it that, without permission, would make you directly or secondarily liable for infringement under applicable copyright law, except executing it on a computer or modifying a private copy. Propagation includes copying, distribution (with or without modification), making available to the public, and in some countries other activities as well.

To “convey” a work means any kind of propagation that enables other parties to make or receive copies. Mere interaction with a user through a computer network, with no transfer of a copy, is not conveying.

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.

The “System Libraries” of an executable work include anything, other than the work as a whole, that (a) is included in the normal form of packaging a Major Component, but which is not part of that Major Component, and (b) serves only to enable use of the work with that Major Component, or to implement a Standard Interface for which an implementation is available to the public in source code form. A “Major Component”, in this context, means a major essential component (kernel, window system, and so on) of the specific operating system (if any) on which the executable work runs, or a compiler used to produce the work, or an object code interpreter used to run it.

The “Corresponding Source” for a work in object code form means all the source code needed to generate, install, and (for an executable work) run the object code and to modify the work, including scripts to control those activities. However, it does not include the work's System Libraries, or general-purpose tools or generally available free programs which are used unmodified in performing those activities but which are not part of the work. For example, Corresponding Source includes interface definition files associated with source files for the work, and the source code for shared libraries and dynamically linked subprograms that the work is specifically designed to require, such as by intimate data communication or control flow between those subprograms and other parts of the work.

The Corresponding Source need not include anything that users can regenerate automatically from other parts of the Corresponding Source.

The Corresponding Source for a work in source code form is that same work.

2. Basic Permissions.

All rights granted under this License are granted for the term of copyright on the Program, and are irrevocable provided the stated conditions are met. 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. Those thus making or running the covered works for you must do so exclusively on your behalf, under your direction and control, on terms that prohibit them from making any copies of your copyrighted material outside their relationship with you.

Conveying under any other circumstances is permitted solely under the conditions stated below. Sublicensing is not allowed; section 10 makes it unnecessary.

3. Protecting Users' Legal Rights From Anti-Circumvention Law.

No covered work shall be deemed part of an effective technological measure under any applicable law fulfilling obligations under article 11 of the WIPO copyright treaty adopted on 20 December 1996, or similar laws prohibiting or restricting circumvention of such measures.

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.

You may charge any price or no price for each copy that you convey, and you may offer support or warranty protection for a fee.

5. Conveying Modified Source Versions.

You may convey a work based on the Program, or the modifications to produce it from the Program, in the form of source code under the terms of section 4, provided that you also meet all of these conditions:

  • a) The work must carry prominent notices stating that you modified it, and giving a relevant date.
  • b) The work must carry prominent notices stating that it is released under this License and any conditions added under section 7. This requirement modifies the requirement in section 4 to “keep intact all notices”.
  • c) You must license the entire work, as a whole, under this License to anyone who comes into possession of a copy. This License will therefore apply, along with any applicable section 7 additional terms, to the whole of the work, and all its parts, regardless of how they are packaged. 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. This alternative is allowed only occasionally and noncommercially, and only if you received the object code with such an offer, in accord with subsection 6b.
  • d) Convey the object code by offering access from a designated place (gratis or for a charge), and offer equivalent access to the Corresponding Source in the same way through the same place at no further charge. You need not require recipients to copy the Corresponding Source along with the object code. If the place to copy the object code is a network server, the Corresponding Source may be on a different server (operated by you or a third party) that supports equivalent copying facilities, provided you maintain clear directions next to the object code saying where to find the Corresponding Source. Regardless of what server hosts the Corresponding Source, you remain obligated to ensure that it is available for as long as needed to satisfy these requirements.
  • e) Convey the object code using peer-to-peer transmission, provided you inform other peers where the object code and Corresponding Source of the work are being offered to the general public at no charge under subsection 6d.

A separable portion of the object code, whose source code is excluded from the Corresponding Source as a System Library, need not be included in conveying the object code work.

A “User Product” is either (1) a “consumer product”, which means any tangible personal property which is normally used for personal, family, or household purposes, or (2) anything designed or sold for incorporation into a dwelling. In determining whether a product is a consumer product, doubtful cases shall be resolved in favor of coverage. For a particular product received by a particular user, “normally used” refers to a typical or common use of that class of product, regardless of the status of the particular user or of the way in which the particular user actually uses, or expects or is expected to use, the product. A product is a consumer product regardless of whether the product has substantial commercial, industrial or non-consumer uses, unless such uses represent the only significant mode of use of the product.

“Installation Information” for a User Product means any methods, procedures, authorization keys, or other information required to install and execute modified versions of a covered work in that User Product from a modified version of its Corresponding Source. The information must suffice to ensure that the continued functioning of the modified object code is in no case prevented or interfered with solely because modification has been made.

If you convey an object code work under this section in, or with, or specifically for use in, a User Product, and the conveying occurs as part of a transaction in which the right of possession and use of the User Product is transferred to the recipient in perpetuity or for a fixed term (regardless of how the transaction is characterized), the Corresponding Source conveyed under this section must be accompanied by the Installation Information. But this requirement does not apply if neither you nor any third party retains the ability to install modified object code on the User Product (for example, the work has been installed in ROM).

The requirement to provide Installation Information does not include a requirement to continue to provide support service, warranty, or updates for a work that has been modified or installed by the recipient, or for the User Product in which it has been modified or installed. Access to a network may be denied when the modification itself materially and adversely affects the operation of the network or violates the rules and protocols for communication across the network.

Corresponding Source conveyed, and Installation Information provided, in accord with this section must be in a format that is publicly documented (and with an implementation available to the public in source code form), and must require no special password or key for unpacking, reading or copying.

7. Additional Terms.

“Additional permissions” are terms that supplement the terms of this License by making exceptions from one or more of its conditions. Additional permissions that are applicable to the entire Program shall be treated as though they were included in this License, to the extent that they are valid under applicable law. 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.

Notwithstanding any other provision of this License, for material you add to a covered work, you may (if authorized by the copyright holders of that material) supplement the terms of this License with terms:

  • a) Disclaiming warranty or limiting liability differently from the terms of sections 15 and 16 of this License; or
  • b) Requiring preservation of specified reasonable legal notices or author attributions in that material or in the Appropriate Legal Notices displayed by works containing it; or
  • c) Prohibiting misrepresentation of the origin of that material, or requiring that modified versions of such material be marked in reasonable ways as different from the original version; or
  • d) Limiting the use for publicity purposes of names of licensors or authors of the material; or
  • e) Declining to grant rights under trademark law for use of some trade names, trademarks, or service marks; or
  • f) Requiring indemnification of licensors and authors of that material by anyone who conveys the material (or modified versions of it) with contractual assumptions of liability to the recipient, for any liability that these contractual assumptions directly impose on those licensors and authors.

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 Downstream 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 downstream 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