|
@@ -0,0 +1,265 @@
|
|
|
|
|
+Copyright (c) 2011 TapQuo Inc (Javier Jimenez Villar, Guillermo Pascual)
|
|
|
|
|
+
|
|
|
|
|
+===============================================================================
|
|
|
|
|
+===============================================================================
|
|
|
|
|
+
|
|
|
|
|
+OPEN SOURCE LICENSE FOR LUNGOJS
|
|
|
|
|
+Version 1.0
|
|
|
|
|
+
|
|
|
|
|
+LungoJS is an avid supporter of open source software. This is the appropriate
|
|
|
|
|
+option if you are creating an open source application with a license compatible
|
|
|
|
|
+with the GNU GPL license v3 (http://www.gnu.org/copyleft/gpl.html). Although
|
|
|
|
|
+the GPLv3 has many terms, the most important is that you must provide the
|
|
|
|
|
+source code of your application to your users so they can be free to modify
|
|
|
|
|
+your application for their own needs.
|
|
|
|
|
+
|
|
|
|
|
+-------------------------------------------------------------------------------
|
|
|
|
|
+
|
|
|
|
|
+The MIT License
|
|
|
|
|
+
|
|
|
|
|
+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, EXPRESS OR
|
|
|
|
|
+IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
|
|
|
|
|
+FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. 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.
|
|
|
|
|
+
|
|
|
|
|
+===============================================================================
|
|
|
|
|
+===============================================================================
|
|
|
|
|
+
|
|
|
|
|
+COMMERCIAL SOFTWARE LICENSE FOR LUNGOJS
|
|
|
|
|
+Version 1.0
|
|
|
|
|
+
|
|
|
|
|
+THIS DOCUMENT IS A LEGAL AGREEMENT (the “License Agreement”) BETWEEN TAPQUO INC.
|
|
|
|
|
+(“We,” “Us”) AND YOU OR THE ORGANIZATION ON WHOSE BEHALF YOU ARE UNDERTAKING
|
|
|
|
|
+THE LICENSE DESCRIBED BELOW (“You”) IN RELATION TO THE LUNGOJS SOFTWARE
|
|
|
|
|
+LIBRARY (THE “Software”), AND/OR ALL RELATED MATERIALS. BY DOWNLOADING,
|
|
|
|
|
+INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU ACCEPT THE FOLLOWING
|
|
|
|
|
+TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS
|
|
|
|
|
+OF THIS LICENSE AGREEMENT, DO NOT PROCEED WITH THE DOWNLOADING, COPYING,
|
|
|
|
|
+INSTALLATION OR ANY OTHER USE OF THE SOFTWARE OR ANY PORTION THEREOF. THE
|
|
|
|
|
+SOFTWARE IS PROTECTED BY UNITED STATES COPYRIGHT LAWS AND INTERNATIONAL
|
|
|
|
|
+COPYRIGHT LAWS, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES.
|
|
|
|
|
+THE SOFTWARE IS LICENSED, NOT SOLD.
|
|
|
|
|
+
|
|
|
|
|
+THIS LICENSE AGREEMENT DESCRIBES YOUR RIGHTS WITH RESPECT TO THE SOFTWARE
|
|
|
|
|
+AND ITS COMPONENTS.
|
|
|
|
|
+
|
|
|
|
|
+1. OWNERSHIP, LICENSE GRANT
|
|
|
|
|
+
|
|
|
|
|
+This is a license agreement and not an agreement for sale. We reserve ownership
|
|
|
|
|
+of all intellectual property rights inherent in or relating to the Software,
|
|
|
|
|
+which include, but are not limited to, all copyright, patent rights, all rights
|
|
|
|
|
+in relation to registered and unregistered trademarks (including service marks),
|
|
|
|
|
+confidential information (including trade secrets and know-how) and all
|
|
|
|
|
+rights other than those expressly granted by this Agreement.
|
|
|
|
|
+
|
|
|
|
|
+Subject to the terms and conditions of this License Agreement, We grant to You
|
|
|
|
|
+a revocable, non-transferable, non-exclusive license (i) for a Designated
|
|
|
|
|
+User(s) (as defined below) within Your organization to install and use the
|
|
|
|
|
+Software on any workstations used exclusively by such Designated User(s) and
|
|
|
|
|
+(ii) for You to install and use the Software in connection with unlimited
|
|
|
|
|
+domains and sub-domains on unlimited servers, solely in connection with
|
|
|
|
|
+distribution of the Software in accordance with sections 3 and 4 below. This
|
|
|
|
|
+license is not sublicensable except as explicitly set forth herein.
|
|
|
|
|
+“Designated User(s)” shall mean Your employee(s) acting within the scope of
|
|
|
|
|
+their employment or Your consultant(s) or contractor(s) acting within the scope
|
|
|
|
|
+of the services they provide for You or on Your behalf.
|
|
|
|
|
+
|
|
|
|
|
+2. PERMITTED USES, SOURCE CODE, MODIFICATIONS
|
|
|
|
|
+
|
|
|
|
|
+We provide You with source code so that You can create Modifications of the
|
|
|
|
|
+original Software, where Modification means: a) any addition to or deletion
|
|
|
|
|
+from the contents of a file included in the original Software or previous
|
|
|
|
|
+Modifications created by You, or b) any new file that contains any part of the
|
|
|
|
|
+original Software or previous Modifications. While You retain all rights to any
|
|
|
|
|
+original work authored by You as part of the Modifications, We continue to own
|
|
|
|
|
+all copyright and other intellectual property rights in the Software.
|
|
|
|
|
+
|
|
|
|
|
+3. DISTRIBUTION
|
|
|
|
|
+
|
|
|
|
|
+You may distribute the Software in any applications, frameworks, or elements (collectively referred
|
|
|
|
|
+to as “Applications”) that you develop using the Software in accordance with this License Agreement,
|
|
|
|
|
+provided that such distribution does not violate the restrictions set forth in section 4 of this
|
|
|
|
|
+agreement. You must not remove, obscure or interfere with any copyright, acknowledgment,
|
|
|
|
|
+attribution, trademark, warning or disclaimer statement affixed to, incorporated in or otherwise
|
|
|
|
|
+applied in connection with the Software.
|
|
|
|
|
+
|
|
|
|
|
+You are required to ensure that the Software is not reused by or with any applications other than
|
|
|
|
|
+those with which You distribute it as permitted herein. For example, if You install the Software on
|
|
|
|
|
+a customer’s server, that customer is not permitted to use the Software independently of Your
|
|
|
|
|
+application, and must be informed as such.
|
|
|
|
|
+
|
|
|
|
|
+You will not owe Us any royalties for Your distribution of the Software in accordance with this
|
|
|
|
|
+License Agreement.
|
|
|
|
|
+
|
|
|
|
|
+4. PROHIBITED USES
|
|
|
|
|
+
|
|
|
|
|
+You may not, without Our prior written consent, redistribute the Software or Modifications other
|
|
|
|
|
+than by including the Software or a portion thereof within Your own product, which must have
|
|
|
|
|
+substantially different functionality than the Software or Modifications and must not allow any
|
|
|
|
|
+third party to use the Software or Modifications, or any portions thereof, for software development
|
|
|
|
|
+or application development purposes. You are explicitly not allowed to redistribute the Software or
|
|
|
|
|
+Modifications as part of any product that can be described as a development toolkit or library or is
|
|
|
|
|
+intended for use by software developers or application developers and not end-users. You are not
|
|
|
|
|
+allowed to redistribute any part of the Software documentation.
|
|
|
|
|
+
|
|
|
|
|
+You may not: a) use any part of the Software or Modifications or Your knowledge of the Software (or
|
|
|
|
|
+any information that You learn as a result of Your use of the Software) to create a product with the
|
|
|
|
|
+same or substantially the same functionality as the Software; or b) change or remove the copyright
|
|
|
|
|
+notice from any of the files included in the Software or Modifications.
|
|
|
|
|
+
|
|
|
|
|
+UNDER NO CIRCUMSTANCES MAY YOU USE THE SOFTWARE AS THE BASIS FOR OR IN
|
|
|
|
|
+CONNECTION WITH A PRODUCT THAT CONTAINS THE SAME,OR SUBSTANTIALLY THE SAME
|
|
|
|
|
+FUNCTIONALITY AS THE SOFTWARE.
|
|
|
|
|
+
|
|
|
|
|
+The Open Source version of the Software (“GPL Version”) is licensed under the terms of the GNU
|
|
|
|
|
+General Public License versions 3.0 (“GPL”) and not under this Agreement. If You, or another third
|
|
|
|
|
+party, has, at any time, developed all (or any portions of) the Application(s) using the GPL
|
|
|
|
|
+Version, You may not combine such development work with the Software and must license such
|
|
|
|
|
+Application(s) (or any portions derived there from) under the terms of the GNU General Public
|
|
|
|
|
+License version 3, a copy of which is located at http://www.gnu.org/copyleft/gpl.html.
|
|
|
|
|
+
|
|
|
|
|
+5. TERMINATION
|
|
|
|
|
+
|
|
|
|
|
+This License Agreement and Your right to use the Software and Modifications will terminate
|
|
|
|
|
+immediately without notice if You fail to comply with the terms and conditions of this License
|
|
|
|
|
+Agreement. Upon termination, You agree to immediately cease using and destroy the Software or
|
|
|
|
|
+Modifications, including all accompanying documents. The provisions of sections 4, 5, 6, 7, 8, 9, 10
|
|
|
|
|
+and 12 will survive any termination of this License Agreement.
|
|
|
|
|
+
|
|
|
|
|
+6. DISCLAIMER OF WARRANTIES
|
|
|
|
|
+
|
|
|
|
|
+TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS
|
|
|
|
|
+DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING,
|
|
|
|
|
+BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
|
|
|
|
|
+PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE
|
|
|
|
|
+SOFTWARE. WE DO NOT GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL
|
|
|
|
|
+BE UNINTERRUPTED OR ERROR-FREE, AND YOU ACKNOWLEDGE THAT IT IS NOT
|
|
|
|
|
+TECHNICALLY PRACTICABLE FOR US TO DO SO.
|
|
|
|
|
+
|
|
|
|
|
+7. LIMITATION OF LIABILITIES
|
|
|
|
|
+
|
|
|
|
|
+TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR
|
|
|
|
|
+OUR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
|
|
|
|
|
+DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
|
|
|
|
|
+PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER
|
|
|
|
|
+PECUNIARY LAW) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN
|
|
|
|
|
+IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, OUR ENTIRE
|
|
|
|
|
+LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE
|
|
|
|
|
+AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
|
|
|
|
|
+
|
|
|
|
|
+8. VERIFICATION
|
|
|
|
|
+
|
|
|
|
|
+We or a certified auditor acting on Our behalf, may, upon its reasonable request and at its expense,
|
|
|
|
|
+audit You with respect to the use of the Software. Such audit may be conducted by mail, electronic
|
|
|
|
|
+means or through an in-person visit to Your place of business. Any such in-person audit shall be
|
|
|
|
|
+conducted during regular business hours at Your facilities and shall not unreasonably interfere with
|
|
|
|
|
+Your business activities. We shall not remove, copy, or redistribute any electronic material during
|
|
|
|
|
+the course of an audit. If an audit reveals that You are using the Software in a way that is in
|
|
|
|
|
+material violation of the terms of the Agreement, then You shall pay Our reasonable costs of
|
|
|
|
|
+conducting the audit. In the case of a material violation, You agree to pay Us any amounts owing
|
|
|
|
|
+that are attributable to the unauthorized use. In the alternative, We reserve the right, at Our
|
|
|
|
|
+sole option, to terminate the licenses for the Software.
|
|
|
|
|
+
|
|
|
|
|
+9. THIRD PARTY SOFTWARE
|
|
|
|
|
+
|
|
|
|
|
+Examples included in Software may provide links to third party libraries or code (collectively
|
|
|
|
|
+“Third Party Software”) to implement various functions. Third Party Software does not comprise part
|
|
|
|
|
+of the Software. In some cases, access to Third Party Software may be included along with the
|
|
|
|
|
+Software delivery as a convenience for demonstration purposes. Such source code and libraries may be
|
|
|
|
|
+included in the “…/examples” source tree delivered with the Software and do not comprise the
|
|
|
|
|
+Software. Licensee acknowledges (1) that some part of Third Party Software may require additional
|
|
|
|
|
+licensing of copyright and patents from the owners of such, and (2) that distribution of any of the
|
|
|
|
|
+Software referencing or including any portion of a Third Party Software may require appropriate
|
|
|
|
|
+licensing from such third parties.
|
|
|
|
|
+
|
|
|
|
|
+10. PAYMENT AND TAXES
|
|
|
|
|
+
|
|
|
|
|
+If credit has been extended to You by Us, all payments under this Agreement are due within thirty
|
|
|
|
|
+(30) days of the date We mail an invoice to You. If We have not extended credit to You, You shall
|
|
|
|
|
+be required to make payment concurrent with the delivery of the Software by Us. All amounts payable
|
|
|
|
|
+are gross amounts but exclusive of any value added tax, use tax, sales tax or similar tax. You shall
|
|
|
|
|
+be entitled to withhold from payments any applicable withholding taxes and comply with all
|
|
|
|
|
+applicable tax and employment legislation. Each party shall pay all taxes (including, but not
|
|
|
|
|
+limited to, taxes based upon its income) or levies imposed on it under applicable laws, regulations
|
|
|
|
|
+and tax treaties as a result of this Agreement and any payments made hereunder (including those
|
|
|
|
|
+required to be withheld or deducted from payments). Each party shall furnish evidence of such paid
|
|
|
|
|
+taxes as is sufficient to enable the other party to obtain any credits available to it, including
|
|
|
|
|
+original withholding tax certificates.
|
|
|
|
|
+
|
|
|
|
|
+11. SUPPORT AND UPDATES
|
|
|
|
|
+
|
|
|
|
|
+You are not entitled to any support for the Software under this Agreement. All support must be
|
|
|
|
|
+purchased separately and will be subject to the terms and conditions contained in the Tapquo support
|
|
|
|
|
+agreement. You are entitled to receive minor version updates to the Software (i.e. versions
|
|
|
|
|
+identified as follows (X.Y, X.Y+1). You are not entitled to receive major version updates (i.e.
|
|
|
|
|
+X.Y, X+1.Y) or bug fix updates to the Software (X.Y.Z, X.Y.Z+1). Major version updates and bug fix
|
|
|
|
|
+updates to the Software are available separately for purchase.
|
|
|
|
|
+
|
|
|
|
|
+12 MISCELLANEOUS
|
|
|
|
|
+
|
|
|
|
|
+The license granted herein applies only to the version of the Software available when purchased in
|
|
|
|
|
+connection with the terms of this Agreement. Any previous or subsequent license granted to You for
|
|
|
|
|
+use of the Software shall be governed by the terms and conditions of the agreement entered in
|
|
|
|
|
+connection with purchase of that version of the Software. You agree that you will comply with all
|
|
|
|
|
+applicable laws and regulations with respect to the Software, including without limitation all
|
|
|
|
|
+export and re-export control laws and regulations.
|
|
|
|
|
+
|
|
|
|
|
+While redistributing the Software or Modifications thereof, You may choose to offer acceptance of
|
|
|
|
|
+support, warranty, indemnity, or other liability obligations and/or rights consistent with this
|
|
|
|
|
+Agreement. However, in accepting such obligations, You may act only on Your own behalf and on Your
|
|
|
|
|
+sole responsibility, not on our behalf. You agree to indemnify, defend, and hold Us harmless from
|
|
|
|
|
+and against any liability incurred by, or claims asserted against, Us (i) by reason of Your
|
|
|
|
|
+accepting any such support, warranty, indemnity or additional liability; or (ii) arising out of the
|
|
|
|
|
+use, reproduction or distribution of Your Application, except to the extent such claim is solely
|
|
|
|
|
+based on the inclusion of the Software therein.
|
|
|
|
|
+
|
|
|
|
|
+You agree to be identified as a customer of ours and You agree that We may refer to You by name,
|
|
|
|
|
+trade name and trademark, if applicable, and may briefly describe Your business in our marketing
|
|
|
|
|
+materials and web site.
|
|
|
|
|
+
|
|
|
|
|
+You may not assign this License Agreement without Our prior written consent, which will not be
|
|
|
|
|
+unreasonably withheld. This License Agreement will inure to the benefit of Our successors and
|
|
|
|
|
+assigns.
|
|
|
|
|
+
|
|
|
|
|
+You acknowledge that this License Agreement is complete and is the exclusive representation of our
|
|
|
|
|
+agreement. No oral or written information given by Us or on our behalf shall create a warranty or
|
|
|
|
|
+collateral contract, or in any way increase the scope of this License Agreement in any way, and You
|
|
|
|
|
+may not rely on any such oral or written information. No term or condition contained in any purchase
|
|
|
|
|
+order shall apply unless expressly accepted by Us in writing,
|
|
|
|
|
+
|
|
|
|
|
+There are no implied licenses or other implied rights granted under this Agreement, and all rights,
|
|
|
|
|
+save for those expressly granted hereunder, shall remain with Us and our licensors. In addition, no
|
|
|
|
|
+licenses or immunities are granted to the combination of the Software and/or Modifications, as
|
|
|
|
|
+applicable, with any other software or hardware not delivered by Us to You under this Agreement.
|
|
|
|
|
+
|
|
|
|
|
+If any provision in this License Agreement shall be determined to be invalid, such provision shall
|
|
|
|
|
+be deemed omitted; the remainder of this License Agreement shall continue in full force and effect.
|
|
|
|
|
+If any remedy provided is determined to have failed for its essential purpose, all limitations of
|
|
|
|
|
+liability and exclusions of damages set forth in this Agreement shall remain in effect.
|
|
|
|
|
+
|
|
|
|
|
+This License Agreement may be modified only by a written instrument signed by an authorized
|
|
|
|
|
+representative of each party.
|
|
|
|
|
+
|
|
|
|
|
+This Agreement is governed by the law of the State of California, United States (notwithstanding
|
|
|
|
|
+conflicts of laws provisions), and all parties irrevocably submit to the jurisdiction of the courts
|
|
|
|
|
+of the State of California and further agree to commence any litigation which may arise hereunder in
|
|
|
|
|
+the state or federal courts located in the judicial district of Santa Clara County, California, US.
|
|
|
|
|
+
|
|
|
|
|
+If the Software or any related documentation is licensed to the U.S. government or any agency
|
|
|
|
|
+thereof, it will be deemed to be “commercial computer software” or “commercial computer software
|
|
|
|
|
+documentation,” pursuant to SFAR Section 227.7202 and FAR Section 12.212. Any use of the Software or
|
|
|
|
|
+related documentation by the U.S. government will be governed solely by the terms of this License
|
|
|
|
|
+Agreement.
|