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320 lines
14 KiB
320 lines
14 KiB
The Software Preservation Society ("SPS")
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Licence Agreement (Licence, Copyright and Terms of Use)
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SPS technology is exclusively represented and licensed by
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KryoFlux Products & Services Limited, 80 Allington Way, Maidstone,
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ME16 0HN, United Kingdom
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ATTENTION: READ CAREFULLY: By using, copying, or distributing the
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accompanying software you indicate your acceptance of the following
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SPS Licence Agreement ("Agreement").
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PREAMBLE
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The SPS philosophy dictates that the technology associated with capturing
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floppy disk based software should be provided to "the community" for free
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(free as in "free beer") to the greatest extent possible in order to
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facilitate digital preservation efforts.
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This licence enforces that philosophy. It protects against misuse of
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a technology that has been a long time in development and is provided
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to the community or anyone else who would like to use it. It also
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intends to protect SPS itself from possible legal liability.
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SPS technology covered by this license can be divided into two categories:
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KRYOFLUX HIGH DEFINITION FLUX SAMPLER FOR USB: Preservation starts at
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the ingestion level. SPS therefore has developed a combination of hard
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and software targeted at software preservation called KryoFlux. KryoFlux
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software may be used for private, non-commercial purposes only. KryoFlux
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hardware schematics are provided for private, non-commercial use as well.
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Therefore private users can decide to build a KryoFlux board on their own,
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as long as the board is used for private purposes only and as long as such
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boards are not being sold to others (this includes boards given away for
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any kind of compensation). Licenses for commercial, government or academic
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use of KryoFlux can be applied for by contacting us at the email at the
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bottom of this license.
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CTA SOFTWARE PRESERVATION ANALYSER: This product is the core of SPS
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technology and is under constant development since 2001. The Analyser
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is used by SPS internally and also available as a commercial product for
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institutes, libraries, archives and museums. The Analyser is not free, it
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is commercial software. This means that possession or distribution without
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a proper licence is breach of international copyright treaties.
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The IPF support library is covered by a separate license and is
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specifically excluded from the terms laid out in this license, available
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in the IPF support library distribution.
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You may notice that this licence is very strict in pursuit of getting
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the software into the hands of people who wish to use it for free. You
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can not distribute it without written permission, charge to give it to
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somebody, not even for media costs. You cannot have it on a CD ROM that is
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distributed for payment. You cannot use it as part of providing a service
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that receives payment in any form.
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Any source provided (if any) is for inspection, understanding and
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safe keeping only. This will ensure that data capture or stored with
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SPS technology can still be accessed in the future even if there is
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no successor or representative of SPS available.
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Infringement of any of the terms of this licence is breaching
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international copyright laws, but it also hurts the communities
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benefiting from the technology by risking its future improvement
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and availability.
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This licence was not produced for the fun of it, you should note that
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only those who could possibly benefit financially are being restricted.
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Those people should negotiate an alternative license, which helps fund
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future development and our preservation activities.
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If you do not agree with any of the terms in this licence for the
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Technology then you are obviously free to choose not to use it.
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The latest version of this licence, libraries and imaging software can be
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found on the following sites:
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http://www.softpres.org
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http://www.kryoflux.com
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It is very easy to comply with this licence: Do not sell, modify or
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abuse the software and don't steal code from source provided. Learn,
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understand and write your own if you need to. Feel free to ask if you
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want to use something you can not create on your own. That's it.
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Everything else mentioned is here for those who may not understand
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these simple rules.
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1. CLARIFICATION. The software product and accompanying documentation
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(the program's object code, source code and documentation, explicitly
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excluding the file format definitions (e.g. but not limited to IPF,
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STREAM, DRAFT) included within, are collectively referred to as the
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"Technology") is a technology and does not imply any restrictions,
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warranty, licence, obligation or any other link or association with
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what it may contain (the data ingested or encapsulated by the
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Technology is referred to as the "Content").
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Unless otherwise noted, The Software Preservation Society ("SPS")
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does not hold the copyright of the Content, the data being ingested,
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reproduced, preserved, represented using the Technology. All copyright
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of Content provided using the Technology is held by its respective
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owners. Terms and conditions may apply to the Content that do not
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affect whatsoever the licence agreement provided with the Technology.
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2. LICENCE.
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I. LICENCE for KRYOFLUX HIGH DEFINITION FLUX SAMPLER software
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SPS hereby grants you a non-exclusive, non-transferable licence to
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use the Technology on the following terms and only for private,
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non-profit purposes (see Section 3 below) unless explicitly sold by
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SPS or its affiliates as a governmental, academic or commercial
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edition.
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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 for backup purposes;
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c. inspect ("understand") the source code (if provided).
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SPS explicitly does not claim any ownership in the Content (the
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data) ingested by the user with the KRYOFLUX device.
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II. LICENCE for CTA SOFTWARE PRESERVATION ANALYSER
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SPS hereby grants you a non-exclusive, non-transferable licence to
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use the Technology on the following terms (see Section 3 below).
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You may:
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a. use the Technology on only one computer in your possession at
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the same time;
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b. make up to three copies of the Technology for backup purposes.
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You explicitly MUST NOT distribute CTA's licensing device or the
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data stored therein.
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SPS explicitly does not claim any ownership in the Content (the
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data) processed by the user with the CTA software.
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3. LIMITATIONS ON LICENCE. The licence granted in Section 2 is subject
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to the following restrictions:
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a. The Technology is to be used only for non-profit purposes unless
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you obtain prior written consent from SPS. Prohibited for-profit
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and commercial purposes include, but are not limited to:
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(i) Selling, licensing or renting the Technology to third parties
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for a fee (by payment of money or otherwise, whether direct or
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indirect);
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(ii) Using the Technology to provide services or products to others
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for which you are compensated in any manner (by payment of money
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or otherwise, whether direct or indirect), including, without
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limitation, providing support or maintenance for the Technology;
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(iii) Distribution or use from which any form of income is received
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regardless of profits therefrom, or from which any revenue or
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promotional value is received, as well as any distribution to, or
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use in, a corporate environment. Use of the Technology to promote
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or support a commercial venture is included in this restriction;
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(iv) Using the Technology in a governmental and / or educational
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institution or whole subsidiaries thereof;
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b. Media costs associated with the distribution of the Technology may
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not be recovered. You shall use your best efforts to promptly notify
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SPS upon learning of any violation of the above commercial
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restrictions.
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c. On each copy of the Technology you must conspicuously and
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appropriately reproduce this license, copyright notice, and
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disclaimer of warranty; keep intact this Agreement and all notices
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that refer to this Agreement or any absence of warranty (whether
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written or interactively displayed); and give any other recipients
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of the Technology a copy of this Agreement.
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d. No distribution may include the totality or part of the
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Technology changed, unchanged, encrypted, archived, in whatever form,
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unless according to the Licence or special agreement with SPS.
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4. DISTRIBUTION: As used in this Agreement, the term "distribute" (and
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its variants) includes making the Technology available (either
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intentionally or unintentionally) to third parties for copying or
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use, including providing timeshare access. Each time you distribute
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the Technology, the recipient must expressly agree to comply with
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these terms and conditions. The recipient automatically receives
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this licence to use, copy, or distribute the Technology subject to
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these terms and conditions. You may not impose any further
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restrictions on the recipients' exercise of the rights granted
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herein. You are not responsible for enforcing compliance with this
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Agreement by recipients.
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5. TITLE. Title, ownership rights, and intellectual property rights in
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and to the Technology, and each copy thereof (including all
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copyrights therein), shall remain in SPS. The Technology is
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protected by international copyright treaties.
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6. NO SPS OBLIGATION. You are solely responsible for all of your
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costs and expenses incurred in connection with the distribution of
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the Technology, and SPS shall have no liability, obligation or
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responsibility therefor. SPS shall have no obligation to provide
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maintenance, support, upgrades or new releases to you or to any
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distributee of the Technology.
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7. NO WARRANTY. THE SOFTWARE IS LICENSED FREE OF CHARGE, AND THERE IS
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NO WARRANTY FOR THE TECHNOLOGY. SPS PROVIDES THE TECHNOLOGY
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"AS IS," AND SPS, AND ALL OTHER PERSONS WHO HAVE BEEN INVOLVED
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IN THE CREATION, PRODUCTION, OR DELIVERY OF THE TECHNOLOGY, DISCLAIM
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ALL CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED,
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STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY
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CONDITIONS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY
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QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO
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THE RESULTS, QUALITY AND PERFORMANCE OF THE TECHNOLOGY IS WITH YOU
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AND YOUR DISTRIBUTEES. SHOULD THE TECHNOLOGY PROVE DEFECTIVE, YOU
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AND YOUR DISTRIBUTEES (AND NOT SPS) ASSUME THE COST OF ALL
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NECESSARY SERVICING, REPAIR OR CORRECTION. SPS MAKES NO
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WARRANTY OF NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF
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THIRD PARTIES.
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8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
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THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SPS, OR ANY OTHER
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PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR
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DELIVERY OF THE TECHNOLOGY BE LIABLE TO YOU OR ANY OTHER PERSON FOR
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ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
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OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THIS AGREEMENT OR
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THE USE OF OR INABILITY TO USE THE TECHNOLOGY, INCLUDING BUT NOT
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LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, LOSS OF DATA, OUTPUT
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FROM THE TECHNOLOGY OR DATA BEING RENDERED INACCURATE, FAILURE OF
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THE TECHNOLOGY TO OPERATE WITH ANY OTHER PROGRAMS, DAMAGES FOR LOSS
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OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION,
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OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF
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SPS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
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9. INDEMNIFICATION. You and your distributees shall defend, indemnify
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and hold harmless SPS, and all other persons who have been
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involved in the creation, production, or delivery of the Technology,
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from any claim, demand, liability, damage award, suit, judgement, or
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other legal action (including reasonable attorney's fees) arising
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out of your use, distribution, modification, or duplication of the
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Technology.
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10. TERMINATION. The licence granted hereunder is effective until
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terminated by SPS. You may terminate it at any time by
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destroying the Technology. This licence will terminate automatically
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if you fail to comply with the limitations described above. On
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termination, you must destroy all copies of the Technology. The
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termination of your licence will not result in the termination of
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the licences of any distributees who have received rights to the
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Technology through you so long as they are in compliance with the
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provisions of this Agreement.
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11. MISCELLANEOUS. This Agreement represents the complete agreement
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concerning this licence between the parties and supersedes all
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prior agreements and representations between them. It may not be
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amended. If any provision of this Agreement is held to be
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unenforceable for any reason, this Agreement shall terminate.
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The most current version of this licence is kept on the SPS
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web site. Due notice shall be given if ever the licence changes,
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then all versions of the Technology will be constrained by the
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newer licence.
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Any term of this Agreement which is, or is deemed to be, unlawful
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shall be ineffective only to the extent of such invalidity without
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rendering invalid the remaining terms hereof. This Agreement shall
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be construed and enforced with the same force and effect as if
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entered into and performed in England and Wales and shall, in all
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respects, be interpreted in accordance with, and governed by the
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laws of this country.
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Anything else not covered by this agreement must be agreed with
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us before any action can be taken by any party.
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Address all correspondence regarding this licence to:
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licensing@kryoflux.com
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Copyright and Trademark Notices:
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--------------------------------
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The Technology is Copyright (c) 2001-2014 SPS and István Fábián under
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exclusive licence to KryoFlux Products & Services Limited. All rights
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reserved. The documentation and all computer files are also Copyright
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(c) 2001-2014 SPS and István Fábián under exclusive licence to KryoFlux
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Products & Services Limited. All rights reserved. These rights include
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but are not limited to any foreign language translations of the
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documentation or the Technology, and all derivative works of both.
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All other trademarks are the property of their respective owners.
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SPS - The Software Preservation Society
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http://www.softpres.org
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KryoFlux Products & Services Limited
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http://www.kryoflux.com
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rev. 1.11 - 2014-02-04
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