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License Terms and Conditions for MAGIX Products (EULA)
1. Contract purpose:
MAGIX grants you (the customer) a non-exclusive license for the concerning MAGIX product for the contractual period of the agreement. You are granted the right to use the purchased software as well as the music and video files on a computer (with one CPU or on a multi-processor computer) or in a network under the condition that access is provided on only one network computer. If several network computers have access to the server, then a separate license is needed for each network computer (workstation). MAGIX retains ownership, copyright and other proprietary rights related to the software. You (the customer) acknowledge the licensor's ownership as well as all proprietary rights to the software, music and video files, backup copies, and documentation. The buyer of the program is solely responsible for the proper contractual use of the licensed programs.
The following applies concerning upgrades: Upgrades are more current or supplementary versions of a MAGIX product (basic product). Only owners of the basic product are authorized to receive each upgrade. You have to be the owner and user of the basic product to use the upgrades. An isolated circulation of an upgrade to third parties is not permitted.
2. Installation:
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3. License verification:
Individual software product licenses have to be validated periodically. This ensures that it is the original software and that it is being used according to the license terms and conditions. This requires an Internet connection. Should you not be online for an extended period, you will receive a corresponding message in the software prompting you to connect to the Internet.
4. Prohibition to copy and rent / other commercial use:
You are prohibited from copying the licensed program and the written documentation either partially or in its entirety. Creation of a software copy for back-up purposes is excluded from this provision.
The licensed program as well as the written documentation cannot be commercially rented out or commercially lent in any other form to a third party in exchange for payment. This also applies to lending of the software in a pre-installed form on a computer that is commercially offered to third parties in exchange for payment.
The product "Web Designer" may only be used strictly for non-commercial purposes. The use of other products including "Web Designer Premium" for commercial purposes shall be allowed insofar as this use is not contrary to points 1 to 7 of this agreement.
5. Transfer and subsidiary agreements:
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6. Amendment prohibition:
In accordance with §§ 69d & e UrhG (German Copyright Act), you may not make any changes to the licensed software, personally or by third parties. You may not disassemble the software into its components, nor modify the object code, decode, copy or use it in any way other than that foreseen in the contract.
7. Use of music, video and photo files:
The music, video and photo files as well as templates and their contained files which are included with MAGIX products may only be used within the scope of producing personally created works to be used for non-commercial purposes. This also applies to music, video or photo data as well as the corresponding templates acquired through or by means of MAGIX products. Commercial use constitutes receipt of financial benefits through direct or indirect use of the files (through sale, licensing, ad banners, etc.). This applies to the music, video and photo files as well as corresponding templates included with the product "Web Designer", "Web Designer Premium" and "Photo & Graphic Designer" with the stipulation that these files may be used in the scope of the purchaser's own commercial website or to create and edit his or her own photos and graphics. A transfer to third parties for commercial purposes is not permitted. Exploitation outside the scope of personally created works of these music, video and photo files as well as the templates, is illegal. In particular, the photos contained in the templates may not be extracted and used separately for commercial or non-commercial purposes.
8. Compensation for damages:
MAGIX is entitled to proprietary and copyright protection for the licensed software as well as the music and video files. Anyone responsible for any violations against such rights may be sued by MAGIX.
9. Guarantee and liability:
a) You are aware that state of the art software programs and associated documentation may contain errors, and that it is not possible to develop data processing programs in such a way that they are error-free for all application conditions and all customer requirements, or error-free in conjunction with all third-party programs and hardware. MAGIX provides no assurances of particular features and usability related to planned Customer-specific applications.
b) If the programs are offered to the customer free of charge, the guarantee against deficiency in material and defects in title is limited to fraudulent concealment of defects by MAGIX in consideration of free licensing of the product.
Otherwise, liability of MAGIX is limited to instances of premeditation and gross negligence in consideration of the free licensing.
c) In the case of services provided in return for payment, MAGIX is liable for financial losses incurred from contractual and non-contractual claims including the incurrence of debt during contractual proceedings (on any legal grounds) solely to the following extent:
- Contractual and non-contractual obligation to compensate for damages on the part of MAGIX and its agents is given only in cases of violation of cardinal duties, where the customer is particularly entitled to expect fulfillment. Exclusion of liability does not apply to cases of bodily harm, intent and gross negligence.
- MAGIX's liability does not extend to contract-untypical and other unpredictable damages. Liability for impairment/loss of saved data, lost profits and direct and indirect consequential damage is expressly excluded, unless it can be proven that MAGIX acted with intent or gross negligence. The user understands, that to avoid damage and loss of your personal data it is strongly recommended to create regular back-ups. MAGIX is therefore liable only for damages incurred by data loss only in the presence of corresponding back-ups.
- In any event, MAGIX's liability is limited to four times the amount paid for the license fee by the customer. This exclusion does not apply to damage caused through intent or gross negligence on the part of MAGIX.
The Product Liability Law (ProdHaftG) applies as usual.
Deficiencies must be reported immediately on recognition and at the latest within 30 days. If within this period the customer establishes deviations between the program and the program description, he/she is entitled to send the deficient software back to the supplier and to demand appropriate corrective action. The deficiency must be redressed within a reasonable period, which may also be effected - at the discretion of MAGIX - through an appropriate replacement of the product or program version with a comparable performance scope. If such redress (incl. replacement) is not possible within a reasonable period or if the redress action fails, the Customer is then entitled to contract cancellation, conditional upon destruction of all copies made, or a reduction in price as appropriate.
d) In relation to functions that operate using an Online Server, MAGIX guarantees average server availability of 98% a year. This does not include times in which the server is not available over the Internet due to technical or other problems not under the sphere of influence of MAGIX (force majeure, third party defaults, etc.). MAGIX explicitly does not vouch that the conditions outside the software are available at all times and are indelible. MAGIX will nevertheless endeavor to provide the connection service for the agreed period, or, for the duration of the software lifecycle if no period was agreed upon, i.e. at least four years after the license was purchased.
MAGIX can temporarily limit or block access to the services, as long as this is to provide public safety, network safety, maintenance of network integrity and improved interoperability of the service, data protection, to counter spam or computer viruses or to render operationally or technically necessary services. The aforementioned limitations are exempt when calculating the stated service availability.
10. Licence conditions of other manufacturers:
If the licensed product contains additional software, or should additional software be integrated, then compliance with the use and license conditions of the manufacturer of said delivered additional software is also compulsory. If the licensed product contains additional software, you can view the appropriate use and licensing terms in the corresponding file.
11. Support:
Registered users receive electronic Internet support in the course of the warranty period. The free support encompasses clarification of installation questions and installation problems by Internet or email.
12. Validity of contractual conditions:
Should one or more of the conditions in this contract be or become invalid, this will not affect the validity of the remaining contract. A substitute provision will replace the invalid condition, such as comes closest to the intended purpose. The contract is subject to the laws of the Federal Republic of Germany.
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OpenFont "Architects Daughter"
Copyright (c) 2010, Copyright Holder Kimberly Geswein (www.kimberlygeswein.com),
with Reserved Font Name "Architects Daughter".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Blackout 2 AM"
Copyright (c) 2008, Copyright Holder Tyler Finck (http://www.sursly.com),
with Reserved Font Name "Blackout 2 AM".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "CabinSketch Bold"
Copyright (c) 2011, Copyright Holder Pablo Impallari & Igino Marine (www.impallari.com, www.ikern.com),
with Reserved Font Name "CabinSketch Bold".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "ChunkFive-Roman"
Copyright (c) 2011, Copyright Holder Meredith Mandel (www.meredithmandel.com),
with Reserved Font Name "ChunkFive-Roman".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Comfortaa"
Copyright (c) 2011, Copyright Holder Johan Aakerlund (aajohan@gmail.com),
with Reserved Font Name "Comfortaa".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Josefin Slab"
Copyright (c) 2010, Copyright Holder Santiago Orozco (http://www.typemade.mx/),
with Reserved Font Name "Josefin Slab".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Lato"
Copyright (c) 2010, Copyright Holder Lukasz Dziedzic (http://www.typoland.com),
with Reserved Font Name "Lato".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Miama"
Copyright (c) 2008-2009, Copyright Holder Linus Romer (http://home.arcor.de/unimath/miama),
with Reserved Font Name "Miama".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Nobile"
Copyright (c) 2007-2010, Copyright Holder Vernon Adams (http://www.newtypography.co.uk),
with Reserved Font Name "Nobile".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Nunito"
Copyright (c) 2011, Copyright Holder Vernon Adams (http://www.newtypography.co.uk),
with Reserved Font Name "Nunito".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Ostrich"
Copyright (c) 2011, Copyright Holder Tyler Finck (http://www.sursly.com),
with Reserved Font Name "Ostrich".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Pacifico"
Copyright (c) 2011, Copyright Holder Vernon Adams (http://www.newtypography.co.uk),
with Reserved Font Name "Pacifico".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Permanent Marker"
Copyright (c) 2010, Copyright Holder Font Diner, Inc (http://www.fontdiner.com),
with Reserved Font Name "Permanent Marker".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Tangerine Bold"
Copyright (c) 2010, Copyright Holder Toshi Omagari,
with Reserved Font Name "Tangerine Bold".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Vollkorn"
Copyright (c) 2010, Copyright Holder Friedrich Althausen (http://friedrichalthausen.de),
with Reserved Font Name "Vollkorn".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
________
For all OpenFonts above applies the SIL Open Font License below.
PREAMBLE
The goals of the Open Font License (OFL) are to stimulate worldwide
development of collaborative font projects, to support the font creation
efforts of academic and linguistic communities, and to provide a free and
open framework in which fonts may be shared and improved in partnership
with others.
The OFL allows the licensed fonts to be used, studied, modified and
redistributed freely as long as they are not sold by themselves. The
fonts, including any derivative works, can be bundled, embedded,
redistributed and/or sold with any software provided that any reserved
names are not used by derivative works. The fonts and derivatives,
however, cannot be released under any other type of license. The
requirement for fonts to remain under this license does not apply
to any document created using the fonts or their derivatives.
DEFINITIONS
"Font Software" refers to the set of files released by the Copyright
Holder(s) under this license and clearly marked as such. This may
include source files, build scripts and documentation.
"Reserved Font Name" refers to any names specified as such after the
copyright statement(s).
"Original Version" refers to the collection of Font Software components as
distributed by the Copyright Holder(s).
"Modified Version" refers to any derivative made by adding to, deleting,
or substituting — in part or in whole — any of the components of the
Original Version, by changing formats or by porting the Font Software to a
new environment.
"Author" refers to any designer, engineer, programmer, technical
writer or other person who contributed to the Font Software.
PERMISSION & CONDITIONS
Permission is hereby granted, free of charge, to any person obtaining
a copy of the Font Software, to use, study, copy, merge, embed, modify,
redistribute, and sell modified and unmodified copies of the Font
Software, subject to the following conditions:
1) Neither the Font Software nor any of its individual components,
in Original or Modified Versions, may be sold by itself.
2) Original or Modified Versions of the Font Software may be bundled,
redistributed and/or sold with any software, provided that each copy
contains the above copyright notice and this license. These can be
included either as stand-alone text files, human-readable headers or
in the appropriate machine-readable metadata fields within text or
binary files as long as those fields can be easily viewed by the user.
3) No Modified Version of the Font Software may use the Reserved Font
Name(s) unless explicit written permission is granted by the corresponding
Copyright Holder. This restriction only applies to the primary font name as
presented to the users.
4) The name(s) of the Copyright Holder(s) or the Author(s) of the Font
Software shall not be used to promote, endorse or advertise any
Modified Version, except to acknowledge the contribution(s) of the
Copyright Holder(s) and the Author(s) or with their explicit written
permission.
5) The Font Software, modified or unmodified, in part or in whole,
must be distributed entirely under this license, and must not be
distributed under any other license. The requirement for fonts to
remain under this license does not apply to any document created
using the Font Software.
TERMINATION
This license becomes null and void if any of the above conditions are
not met.
DISCLAIMER
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE
COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM
OTHER DEALINGS IN THE FONT SOFTWARE.
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INTERBASE PUBLIC LICENSE
Version 1.0
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code available to a third party.
1.1. ''Contributor'' means each entity that creates or contributes to the creation of Modifications.
1.2. ''Contributor Version'' means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. ''Covered Code'' means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4. ''Electronic Distribution Mechanism'' means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. ''Executable'' means Covered Code in any form other than Source Code.
1.6. ''Initial Developer'' means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7. ''Larger Work'' means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8. ''License'' means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9. ''Modifications'' means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous Modifications.
1.10. ''Original Code'' means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.11. ''Source Code'' means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. "You'' (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You'' includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control'' means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first makes Commercial Use of the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL'' which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to Section 3.4(a) above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
Inprise Corporation (''Inprise'') may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Inprise. No one other than Inprise has the right to modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works.
If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must (a) rename Your license so that the phrases ''Mozilla'', ''MOZILLAPL'', ''MOZPL'', ''Netscape'', "MPL", ''NPL", "InterBase", "Inprise", "Borland'' or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the Mozilla Public License and Netscape Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)
6.4 Origin of the InterBase Public License.
The InterBase public license is based on the Mozilla Public License V 1.1 with the following changes:
1. The license is published by Inprise Corporation. Only Inprise Corporation can modify the terms applicable to Covered Code.
2. The license can be modified and used for code which is not already governed by this license. Modified versions of the license must be renamed to avoid confusion with Netscape’s or Inprise’s license and must include a description of changes from the InterBase Public License.
3. The name of the license in Exhibit A is the "InterBase Public License".
4. The reference to an alternative license in Exhibit A has been removed.
5. Amendments I, II, III, V, and VI have been deleted.
6. Exhibit A, Netscape Public License has been deleted
7. A new amendment (II) has been added, describing the required and restricted rights to use the trademarks of Inprise Corporation.
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
8.2. If You initiate litigation by asserting a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant") alleging that:
(a) such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of ''commercial computer software'' and ''commercial computer software documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by Georgia law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in the United States of America, Any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of Georgia and/or the state courts of Gwinnett County, Georgia, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as "Multiple-Licensed". "Multiple-Licensed" means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the InterBase Public License or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.
EXHIBIT A - InterBase Public License.
``The contents of this file are subject to the InterBase Public License Version 1.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.interbase.com/IPL.html
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
The Original Code was created by InterBase Software Corp and its successors.
Portions created by Borland/Inprise are Copyright (C) Borland/Inprise. All Rights Reserved.
http://firebird.sourceforge.net/
Contributor(s): MAGIX AG.
Contributed Source code at: http://www.magix.net/redirects/lic_firebird/
AMENDMENTS
I. InterBase and logo. This License does not grant any rights to use the trademarks "InterBase'', "Java" or "JavaScript" even if such marks are included in the Original Code or Modifications.
II. Trademark Usage.
II.1. Advertising Materials. All advertising materials mentioning features or use of the covered Code must display the following acknowledgement: "This product includes software developed by Inprise Corporation. "
II.2. Endorsements. The names "InterBase," "Inprise," and "Borland" must not be used to endorse or promote Contributor Versions or Larger Works without the prior written permission of InterBase.
II.3. Product Names. Contributor Versions and Larger Works may not be called "InterBase" or "InterBase" nor may the word "InterBase" appear in their names without the prior written permission of Inprise.
1. Contract purpose:
MAGIX grants you (the customer) a non-exclusive license for the concerning MAGIX product for the contractual period of the agreement. You are granted the right to use the purchased software as well as the music and video files on a computer (with one CPU or on a multi-processor computer) or in a network under the condition that access is provided on only one network computer. If several network computers have access to the server, then a separate license is needed for each network computer (workstation). MAGIX retains ownership, copyright and other proprietary rights related to the software. You (the customer) acknowledge the licensor's ownership as well as all proprietary rights to the software, music and video files, backup copies, and documentation. The buyer of the program is solely responsible for the proper contractual use of the licensed programs.
The following applies concerning upgrades: Upgrades are more current or supplementary versions of a MAGIX product (basic product). Only owners of the basic product are authorized to receive each upgrade. You have to be the owner and user of the basic product to use the upgrades. An isolated circulation of an upgrade to third parties is not permitted.
2. Installation:
-
3. License verification:
Individual software product licenses have to be validated periodically. This ensures that it is the original software and that it is being used according to the license terms and conditions. This requires an Internet connection. Should you not be online for an extended period, you will receive a corresponding message in the software prompting you to connect to the Internet.
4. Prohibition to copy and rent / other commercial use:
You are prohibited from copying the licensed program and the written documentation either partially or in its entirety. Creation of a software copy for back-up purposes is excluded from this provision.
The licensed program as well as the written documentation cannot be commercially rented out or commercially lent in any other form to a third party in exchange for payment. This also applies to lending of the software in a pre-installed form on a computer that is commercially offered to third parties in exchange for payment.
The product "Web Designer" may only be used strictly for non-commercial purposes. The use of other products including "Web Designer Premium" for commercial purposes shall be allowed insofar as this use is not contrary to points 1 to 7 of this agreement.
5. Transfer and subsidiary agreements:
-
6. Amendment prohibition:
In accordance with §§ 69d & e UrhG (German Copyright Act), you may not make any changes to the licensed software, personally or by third parties. You may not disassemble the software into its components, nor modify the object code, decode, copy or use it in any way other than that foreseen in the contract.
7. Use of music, video and photo files:
The music, video and photo files as well as templates and their contained files which are included with MAGIX products may only be used within the scope of producing personally created works to be used for non-commercial purposes. This also applies to music, video or photo data as well as the corresponding templates acquired through or by means of MAGIX products. Commercial use constitutes receipt of financial benefits through direct or indirect use of the files (through sale, licensing, ad banners, etc.). This applies to the music, video and photo files as well as corresponding templates included with the product "Web Designer", "Web Designer Premium" and "Photo & Graphic Designer" with the stipulation that these files may be used in the scope of the purchaser's own commercial website or to create and edit his or her own photos and graphics. A transfer to third parties for commercial purposes is not permitted. Exploitation outside the scope of personally created works of these music, video and photo files as well as the templates, is illegal. In particular, the photos contained in the templates may not be extracted and used separately for commercial or non-commercial purposes.
8. Compensation for damages:
MAGIX is entitled to proprietary and copyright protection for the licensed software as well as the music and video files. Anyone responsible for any violations against such rights may be sued by MAGIX.
9. Guarantee and liability:
a) You are aware that state of the art software programs and associated documentation may contain errors, and that it is not possible to develop data processing programs in such a way that they are error-free for all application conditions and all customer requirements, or error-free in conjunction with all third-party programs and hardware. MAGIX provides no assurances of particular features and usability related to planned Customer-specific applications.
b) If the programs are offered to the customer free of charge, the guarantee against deficiency in material and defects in title is limited to fraudulent concealment of defects by MAGIX in consideration of free licensing of the product.
Otherwise, liability of MAGIX is limited to instances of premeditation and gross negligence in consideration of the free licensing.
c) In the case of services provided in return for payment, MAGIX is liable for financial losses incurred from contractual and non-contractual claims including the incurrence of debt during contractual proceedings (on any legal grounds) solely to the following extent:
- Contractual and non-contractual obligation to compensate for damages on the part of MAGIX and its agents is given only in cases of violation of cardinal duties, where the customer is particularly entitled to expect fulfillment. Exclusion of liability does not apply to cases of bodily harm, intent and gross negligence.
- MAGIX's liability does not extend to contract-untypical and other unpredictable damages. Liability for impairment/loss of saved data, lost profits and direct and indirect consequential damage is expressly excluded, unless it can be proven that MAGIX acted with intent or gross negligence. The user understands, that to avoid damage and loss of your personal data it is strongly recommended to create regular back-ups. MAGIX is therefore liable only for damages incurred by data loss only in the presence of corresponding back-ups.
- In any event, MAGIX's liability is limited to four times the amount paid for the license fee by the customer. This exclusion does not apply to damage caused through intent or gross negligence on the part of MAGIX.
The Product Liability Law (ProdHaftG) applies as usual.
Deficiencies must be reported immediately on recognition and at the latest within 30 days. If within this period the customer establishes deviations between the program and the program description, he/she is entitled to send the deficient software back to the supplier and to demand appropriate corrective action. The deficiency must be redressed within a reasonable period, which may also be effected - at the discretion of MAGIX - through an appropriate replacement of the product or program version with a comparable performance scope. If such redress (incl. replacement) is not possible within a reasonable period or if the redress action fails, the Customer is then entitled to contract cancellation, conditional upon destruction of all copies made, or a reduction in price as appropriate.
d) In relation to functions that operate using an Online Server, MAGIX guarantees average server availability of 98% a year. This does not include times in which the server is not available over the Internet due to technical or other problems not under the sphere of influence of MAGIX (force majeure, third party defaults, etc.). MAGIX explicitly does not vouch that the conditions outside the software are available at all times and are indelible. MAGIX will nevertheless endeavor to provide the connection service for the agreed period, or, for the duration of the software lifecycle if no period was agreed upon, i.e. at least four years after the license was purchased.
MAGIX can temporarily limit or block access to the services, as long as this is to provide public safety, network safety, maintenance of network integrity and improved interoperability of the service, data protection, to counter spam or computer viruses or to render operationally or technically necessary services. The aforementioned limitations are exempt when calculating the stated service availability.
10. Licence conditions of other manufacturers:
If the licensed product contains additional software, or should additional software be integrated, then compliance with the use and license conditions of the manufacturer of said delivered additional software is also compulsory. If the licensed product contains additional software, you can view the appropriate use and licensing terms in the corresponding file.
11. Support:
Registered users receive electronic Internet support in the course of the warranty period. The free support encompasses clarification of installation questions and installation problems by Internet or email.
12. Validity of contractual conditions:
Should one or more of the conditions in this contract be or become invalid, this will not affect the validity of the remaining contract. A substitute provision will replace the invalid condition, such as comes closest to the intended purpose. The contract is subject to the laws of the Federal Republic of Germany.
-------------------------------------------
OpenFont "Architects Daughter"
Copyright (c) 2010, Copyright Holder Kimberly Geswein (www.kimberlygeswein.com),
with Reserved Font Name "Architects Daughter".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Blackout 2 AM"
Copyright (c) 2008, Copyright Holder Tyler Finck (http://www.sursly.com),
with Reserved Font Name "Blackout 2 AM".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "CabinSketch Bold"
Copyright (c) 2011, Copyright Holder Pablo Impallari & Igino Marine (www.impallari.com, www.ikern.com),
with Reserved Font Name "CabinSketch Bold".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "ChunkFive-Roman"
Copyright (c) 2011, Copyright Holder Meredith Mandel (www.meredithmandel.com),
with Reserved Font Name "ChunkFive-Roman".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Comfortaa"
Copyright (c) 2011, Copyright Holder Johan Aakerlund (aajohan@gmail.com),
with Reserved Font Name "Comfortaa".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Josefin Slab"
Copyright (c) 2010, Copyright Holder Santiago Orozco (http://www.typemade.mx/),
with Reserved Font Name "Josefin Slab".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Lato"
Copyright (c) 2010, Copyright Holder Lukasz Dziedzic (http://www.typoland.com),
with Reserved Font Name "Lato".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Miama"
Copyright (c) 2008-2009, Copyright Holder Linus Romer (http://home.arcor.de/unimath/miama),
with Reserved Font Name "Miama".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Nobile"
Copyright (c) 2007-2010, Copyright Holder Vernon Adams (http://www.newtypography.co.uk),
with Reserved Font Name "Nobile".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Nunito"
Copyright (c) 2011, Copyright Holder Vernon Adams (http://www.newtypography.co.uk),
with Reserved Font Name "Nunito".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Ostrich"
Copyright (c) 2011, Copyright Holder Tyler Finck (http://www.sursly.com),
with Reserved Font Name "Ostrich".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Pacifico"
Copyright (c) 2011, Copyright Holder Vernon Adams (http://www.newtypography.co.uk),
with Reserved Font Name "Pacifico".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Permanent Marker"
Copyright (c) 2010, Copyright Holder Font Diner, Inc (http://www.fontdiner.com),
with Reserved Font Name "Permanent Marker".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Tangerine Bold"
Copyright (c) 2010, Copyright Holder Toshi Omagari,
with Reserved Font Name "Tangerine Bold".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
______
OpenFont "Vollkorn"
Copyright (c) 2010, Copyright Holder Friedrich Althausen (http://friedrichalthausen.de),
with Reserved Font Name "Vollkorn".
This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license foris copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
________
For all OpenFonts above applies the SIL Open Font License below.
PREAMBLE
The goals of the Open Font License (OFL) are to stimulate worldwide
development of collaborative font projects, to support the font creation
efforts of academic and linguistic communities, and to provide a free and
open framework in which fonts may be shared and improved in partnership
with others.
The OFL allows the licensed fonts to be used, studied, modified and
redistributed freely as long as they are not sold by themselves. The
fonts, including any derivative works, can be bundled, embedded,
redistributed and/or sold with any software provided that any reserved
names are not used by derivative works. The fonts and derivatives,
however, cannot be released under any other type of license. The
requirement for fonts to remain under this license does not apply
to any document created using the fonts or their derivatives.
DEFINITIONS
"Font Software" refers to the set of files released by the Copyright
Holder(s) under this license and clearly marked as such. This may
include source files, build scripts and documentation.
"Reserved Font Name" refers to any names specified as such after the
copyright statement(s).
"Original Version" refers to the collection of Font Software components as
distributed by the Copyright Holder(s).
"Modified Version" refers to any derivative made by adding to, deleting,
or substituting — in part or in whole — any of the components of the
Original Version, by changing formats or by porting the Font Software to a
new environment.
"Author" refers to any designer, engineer, programmer, technical
writer or other person who contributed to the Font Software.
PERMISSION & CONDITIONS
Permission is hereby granted, free of charge, to any person obtaining
a copy of the Font Software, to use, study, copy, merge, embed, modify,
redistribute, and sell modified and unmodified copies of the Font
Software, subject to the following conditions:
1) Neither the Font Software nor any of its individual components,
in Original or Modified Versions, may be sold by itself.
2) Original or Modified Versions of the Font Software may be bundled,
redistributed and/or sold with any software, provided that each copy
contains the above copyright notice and this license. These can be
included either as stand-alone text files, human-readable headers or
in the appropriate machine-readable metadata fields within text or
binary files as long as those fields can be easily viewed by the user.
3) No Modified Version of the Font Software may use the Reserved Font
Name(s) unless explicit written permission is granted by the corresponding
Copyright Holder. This restriction only applies to the primary font name as
presented to the users.
4) The name(s) of the Copyright Holder(s) or the Author(s) of the Font
Software shall not be used to promote, endorse or advertise any
Modified Version, except to acknowledge the contribution(s) of the
Copyright Holder(s) and the Author(s) or with their explicit written
permission.
5) The Font Software, modified or unmodified, in part or in whole,
must be distributed entirely under this license, and must not be
distributed under any other license. The requirement for fonts to
remain under this license does not apply to any document created
using the Font Software.
TERMINATION
This license becomes null and void if any of the above conditions are
not met.
DISCLAIMER
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE
COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM
OTHER DEALINGS IN THE FONT SOFTWARE.
-------------------------------------------
INTERBASE PUBLIC LICENSE
Version 1.0
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code available to a third party.
1.1. ''Contributor'' means each entity that creates or contributes to the creation of Modifications.
1.2. ''Contributor Version'' means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. ''Covered Code'' means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4. ''Electronic Distribution Mechanism'' means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. ''Executable'' means Covered Code in any form other than Source Code.
1.6. ''Initial Developer'' means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7. ''Larger Work'' means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8. ''License'' means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9. ''Modifications'' means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous Modifications.
1.10. ''Original Code'' means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.11. ''Source Code'' means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. "You'' (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You'' includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control'' means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first makes Commercial Use of the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL'' which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to Section 3.4(a) above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
Inprise Corporation (''Inprise'') may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Inprise. No one other than Inprise has the right to modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works.
If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must (a) rename Your license so that the phrases ''Mozilla'', ''MOZILLAPL'', ''MOZPL'', ''Netscape'', "MPL", ''NPL", "InterBase", "Inprise", "Borland'' or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the Mozilla Public License and Netscape Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)
6.4 Origin of the InterBase Public License.
The InterBase public license is based on the Mozilla Public License V 1.1 with the following changes:
1. The license is published by Inprise Corporation. Only Inprise Corporation can modify the terms applicable to Covered Code.
2. The license can be modified and used for code which is not already governed by this license. Modified versions of the license must be renamed to avoid confusion with Netscape’s or Inprise’s license and must include a description of changes from the InterBase Public License.
3. The name of the license in Exhibit A is the "InterBase Public License".
4. The reference to an alternative license in Exhibit A has been removed.
5. Amendments I, II, III, V, and VI have been deleted.
6. Exhibit A, Netscape Public License has been deleted
7. A new amendment (II) has been added, describing the required and restricted rights to use the trademarks of Inprise Corporation.
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
8.2. If You initiate litigation by asserting a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant") alleging that:
(a) such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of ''commercial computer software'' and ''commercial computer software documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by Georgia law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in the United States of America, Any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of Georgia and/or the state courts of Gwinnett County, Georgia, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as "Multiple-Licensed". "Multiple-Licensed" means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the InterBase Public License or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.
EXHIBIT A - InterBase Public License.
``The contents of this file are subject to the InterBase Public License Version 1.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.interbase.com/IPL.html
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
The Original Code was created by InterBase Software Corp and its successors.
Portions created by Borland/Inprise are Copyright (C) Borland/Inprise. All Rights Reserved.
http://firebird.sourceforge.net/
Contributor(s): MAGIX AG.
Contributed Source code at: http://www.magix.net/redirects/lic_firebird/
AMENDMENTS
I. InterBase and logo. This License does not grant any rights to use the trademarks "InterBase'', "Java" or "JavaScript" even if such marks are included in the Original Code or Modifications.
II. Trademark Usage.
II.1. Advertising Materials. All advertising materials mentioning features or use of the covered Code must display the following acknowledgement: "This product includes software developed by Inprise Corporation. "
II.2. Endorsements. The names "InterBase," "Inprise," and "Borland" must not be used to endorse or promote Contributor Versions or Larger Works without the prior written permission of InterBase.
II.3. Product Names. Contributor Versions and Larger Works may not be called "InterBase" or "InterBase" nor may the word "InterBase" appear in their names without the prior written permission of Inprise.