300 lines
15 KiB
Text
300 lines
15 KiB
Text
C.A.P.S. - The Classic Amiga Preservation Society
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Freeware License Agreement (License, Copyright and Terms of Use)
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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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C.A.P.S. Freeware License Agreement ("Agreement").
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PREAMBLE
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The C.A.P.S. philosophy dictates that the technology associated with
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allowing floppy disk based computer games (C.A.P.S. is not just an
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Amiga focused organisation, even though it started out that way) to be
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contained in a preservable form should be provided for free (free as
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in "free beer"). No profit whatsoever should be made as a result of
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this technology with exception of the original copyright holders.
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This license enforces this 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 Amiga community or anyone else who would like to use it. It also
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intends to protect C.A.P.S. itself from possible legal liability.
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The C.A.P.S. software should be thought of as an "enabler", a form of
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distribution. It is just as a ZIP file, just as an ADF file, just as
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your favourite writable CDROM brand. The data or content held by these
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files or media is entirely the responsibility of you, the user. If you
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do not own the product content then you are likely to be breaking the
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license of the content provider or copyright owner. Ultimately, the
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C.A.P.S. technology is just an abstract digital recording medium.
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You may notice that this license is very strict in pursuit of getting
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it into the hands of people who wish to use it for free. You cannot
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charge to give it to somebody, not even for media costs. You cannot
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have it on a CDROM that is distributed for payment. You cannot use
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it as part of providing a service that receives payment in any form.
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The only exception where the C.A.P.S. technology may be possibly used
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with payment is by an original copyright holder (or appointed body).
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They can of course contact C.A.P.S. for a special license for games
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they own so long as proof of ownership is provided and such a license
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will be restricted to these games. This special license will of course
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be provided completely for free.
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Infringement of any of the terms of this license 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 license was not produced for the fun of it, you should note that
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only those who could possibly financially or otherwise benefit from the
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product are being restricted. Free use (as a user) is not limited, it
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is absolutely free and will stay free forever.
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If you do not agree with any of the terms in this license 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 license and libraries can be found on our
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site: http://www.caps-project.org.
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It is very easy to comply with this license: Do not sell, modify or
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abuse the software or images. That's it. Everything else mentioned is
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here for those who may not understand these very simple rules. :)
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1. CLARIFICATION. The software product and accompanying documentation
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(the program's object code and documentation are collectively
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referred to as the "Technology") is a technology and does not imply
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any restrictions, warranty, license, obligation or any other link or
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association with what it may contain (the data encapsulated by the
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Technology is referred to as the "Content").
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Unless otherwise noted, The Classic Amiga Preservation Society
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("C.A.P.S.") does not hold the copyright of the "Content", the data
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being reproduced, preserved, represented using the Technology. All
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copyright of Content provided using the Technology is held by its
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respective owners. Terms and conditions may apply to the Content
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that do not affect whatsoever the license agreement provided with
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the Technology.
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2. LICENSE. C.A.P.S. hereby grants you (each licensee is addressed as
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"you") a non-exclusive, transferable license to use the Technology
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on the following terms and only for non-profit purposes (see Section
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3 below). You may:
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a. use the Technology on any computer in your possession;
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b. make copies of the Technology; and
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c. distribute the Technology (subject to the requirements of Section
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3 and 4) only in the form originally furnished by C.A.P.S. with no
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modifications whatsoever. However, the Technology may be distributed
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as part of another software product provided that the particular
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distribution that contains the Technology is provided for non-profit
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purposes as defined in Section 3 below. Making or distributing any
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for-profit distributions, versions, revisions or releases of said
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software product that contains the Technology is prohibited.
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3. LIMITATIONS ON LICENSE. The license 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 C.A.P.S. 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 to develop a similar application on any
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platform for commercial distribution; or
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(v) Using the Technology in any manner that is generally
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competitive with a C.A.P.S. product as defined by C.A.P.S.
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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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C.A.P.S. 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. You may not modify, combine commercial applications with, or
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otherwise prepare derivative works of the Technology. Derivative
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works are defined as but not limited to:
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(i) Alternative support libraries. We are open to porting to other
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platforms, and so third parties doing such is unnecessary and
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violates the terms of this license.
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(ii) Alternative tools that operate on files of the format as
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defined by the Technology. This includes but is not limited to:
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mastering tools (tools that enable Content to be written back to
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physical media like a floppy disk). Reproducing Content provided
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through or by the Technology to any other kind of media, such as
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alternative content provider technology (this also covers any kind
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of converter with the intention of extracting the Content to held
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by any other alternate media format that represents the same
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independently working Content). Additions, removals or other
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modification of data contained by the images.
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e. C.A.P.S., in its sole and absolute discretion, may have included
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a portion of the source code or online documentation of the
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Technology. Except for any such portions, you shall not REVERSE
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ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE ANY PORTION OF
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THE TECHNOLOGY TO ANY HUMAN PERCEIVABLE FORM, except to the extent
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this restriction is prohibited by applicable law.
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f. Commercial software (as defined in this section 3) may not
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contain any part of the Technology except for that part that is
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defined as the "access API" (the header files that allow interaction
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with the library itself, this is available separately from our site
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and has its own license). This interface to the Technology "library"
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is provided is by us to enable the users of the commercial software
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to benefit from the Technology and still let the commercial software
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comply with this license. In this way, the Technology itself need
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not (and should not) be distributed with a commercial product. The
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user should be advised that he can obtain this missing "plugin" from
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the C.A.P.S. site and that it comes with its own license that is not
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affected in any way by the license covering the commercial product.
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This otherwise does not effect the assertion that the Technology may
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not be used by commercial software as defined by this section 3.
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g. No distribution may include the totality or part of the
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Technology (including the Content encapsulated by the technology),
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changed, unchanged, encrypted, archived, in whatever form, unless
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according to the Licence or special agreement with C.A.P.S. This
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Technology, including Content must never be found on any paid-for
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medium.
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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 license 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 C.A.P.S. The Technology is
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protected by international copyright treaties.
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6. NO C.A.P.S. 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 C.A.P.S. shall have no liability, obligation or
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responsibility therefor. C.A.P.S. shall have no obligation to
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provide maintenance, support, upgrades or new releases to you or
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to any 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. C.A.P.S. PROVIDES THE TECHNOLOGY
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"AS IS," AND C.A.P.S., 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 C.A.P.S.) ASSUME THE COST OF ALL
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NECESSARY SERVICING, REPAIR OR CORRECTION. C.A.P.S. 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 C.A.P.S., 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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C.A.P.S. 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 C.A.P.S., 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 license granted hereunder is effective until
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terminated by C.A.P.S.. You may terminate it at any time by
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destroying the Technology. This license 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 license will not result in the termination of
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the licenses 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 license 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 license is kept on the C.A.P.S.
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web site. Due notice shall be given if ever the license changes,
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then all versions of the Technology will be constrained by the
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newer license.
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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 license to:
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C.A.P.S.
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license@caps-project.org
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Copyright and Trademark Notices:
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--------------------------------
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The Technology is Copyright (c) C.A.P.S. 2003. All rights reserved.
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The documentation and all computer files are also Copyright
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(c) C.A.P.S. 2003. All rights reserved. These rights include but are
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not limited to any foreign language translations of the documentation
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or the Technology, and all derivative works of both. All other
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trademarks are the property of their respective owners.
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C.A.P.S.
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The Classic Amiga Preservation Society
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http://www.caps-project.org
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