Lungo.js/LICENSE.txt

Copyright (c) 2011 TapQuo Inc (Javier Jimenez Villar)

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OPEN SOURCE LICENSE FOR LUNGOJS
Version 1.0.1

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.

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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.

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COMMERCIAL SOFTWARE LICENSE FOR LUNGOJS
Version 1.0.1

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.