SOFTWARE LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY BEFORE USING SOFTWARE
BY INSTALLING, COPYING, DOWNLOADING, ACCESSING, OR OTHERWISE
USING THE SOFTWARE YOU INDICATE ACCEPTANCE OF THIS AGREEMENT
AND THE LIMITED WARRANTY AND LIMITATION OF LIABILITY SET OUT
IN THIS AGREEMENT. YOU SHOULD THEREFORE READ THIS AGREEMENT
CAREFULLY BEFORE INSTALLING, COPYING, DOWNLOADING,
ACCESSING, OR OTHERWISE USING THIS SOFTWARE.
THIS SOFTWARE MAY INCLUDE PRODUCT ACTIVATION AND OTHER
TECHNOLOGY DESIGNED TO PREVENT UNAUTHORIZED USE AND COPYING,
AND TECHNOLOGY TO ASSIST IN TRACKING AND/OR MANAGING
LICENSES. SUCH TECHNOLOGY MAY PREVENT YOUR USE OF THE
SOFTWARE IF YOU DO NOT FOLLOW THE ACTIVATION, INSTALLATION,
AND/OR LICENSE MANAGEMENT PROCESS DESCRIBED IN THE SOFTWARE
AND DOCUMENTATION. GO TO HTTP://WWW.WILDLIFEACOUSTICS.COM/
FOR INFORMATION ABOUT PRODUCT ACTIVATION AND LICENSE
MANAGEMENT.
This Software License Agreement ("Agreement") is a legal
agreement between you and, if applicable, your company ("you" or
"Licensee"), and Wildlife Acoustics, Inc. ("Licensor"). The
Licensor is the manufacturer of this software product
("Software"). The Software, as that term is used in this
Agreement, includes Song Scope software (including all files,
databases, libraries and any additional programs, updates,
modifications, fixes, patches, upgrades, and revisions provided
to the Licensee), the associated media, any printed materials,
and any "online" or electronic documentation ("Documentation").
Any third party or other software provided along with the
Software that is associated with a separate user license
agreement is licensed to the Licensee under the terms of that
license agreement. By installing, copying, downloading,
accessing, or otherwise using this Software, the Licensee agrees
to be bound by the terms of this Agreement and the Licensee
represents that he or she is authorized to accept the conditions
of this Agreement individually and, if the Software is to be used
by the Licensee's company, on behalf of the Licensee's company.
If you do not agree to the terms of this Agreement or if you do
not have the authority to accept the terms of this Agreement, you
may not use or copy the Software, and you should destroy the
Software and notify Licensor in accordance with Section 7 of this
Agreement.
A manually signed license agreement between the Licensee and the
Licensor, if applicable, will supersede any conflicting terms in
this Agreement. The text of this Agreement can also be found in
the on-line help system and printed from there.
1. Evaluation
If you have received a copy of the Software from Licensor or
an authorized vendor, but you have not yet purchased a
license to use the Software, the Licensor grants you a
personal, non-transferable, non-exclusive, limited license
to install and use the Software for your own internal use
solely for purposes of evaluating the Software for no more
than fifteen (15) days (unless extended by Licensor or an
authorized vendor in writing). When the Software is used on
an evaluation basis, it may not have the full functionality
described in its accompanying documentation.
2. Grant of License and Permitted Uses
a. Grant of License. Unless a valid license is provided by
Licensor or an authorized vendor, this Agreement ONLY grants the
user rights the right to use the Software for evaluation purposes
in accordance with Section 1 above. Subject to the terms and
conditions of this Agreement and any applicable terms and
conditions of the purchase order or other agreement between the
Licensee and Licensor that define the terms of the purchase and
permitted use of the Software, which terms and conditions are
incorporated herein by reference, Licensor grants to Licensee a
limited, non-exclusive, non-transferable, license, for use of the
Software authorized by the Licensee or an authorized vendor, to
install, operate, and use the Software for the term of this
Agreement or to distribute to an user ("User") that agrees to be
bound by the terms of this Agreement as an integral part of, and
solely in conjunction with, a product or software program
distributed by Licensee ("Developer Product") that is registered
and approved by Licensor.
b. Authorized Use. Software is licensed by a unit of measure
("Unit of Measure") used to quantify the scope of the license
granted based upon a particular licensing model for the Software.
The maximum Unit of Measure applicable to the Software licensed
pursuant to an order confirmation delivered with the Software
(or, if none, the final sale quote) may be designated in the
Software product description as follows:
Unit of Measure Scope of License
Central Processing Unit
The maximum number of CPUs upon
which Licensee may install and use
the Software. A CPU is the central
processing unit within a computer
system.
Cluster Host
The maximum number of Cluster Hosts
upon which Licensee may install and
use the Software. A "Cluster Host"
is defined as a Host (defined
below) that belongs to two or more
Nodes (defined below) that are
connected and appear to network
Users as a single highly available
system.
Concurrent
Connections or
Concurrent Seat
The maximum number of Users or
client connections that may
concurrently use or access the
Software.
Device
The maximum number of Devices on
which Licensee may use the
Software. A "Device" is defined as
a computer, workstation, terminal,
handheld PC, pager, telephone,
personal digital assistant, "smart
phone" or other electronic device.
Drive
The maximum number of Drives on
which Licensee may use the
Software. A "Drive" is defined as
a storage unit that reads and
writes to backup volumes. A
storage unit can be a tape device,
optical drive, autochanger, or file
connected to a computer running an
instance of the Software
Host
The maximum number of Hosts on
which Licensee may use the
Software. A "Host" is defined as
an installed instance of the
Software containing data accessed
by a User.
Instance
The maximum number of individual
installations of a Software
application, or "Instances,"
Licensee may use at the same time.
Node
The maximum number of active Nodes
on which Licensee may install and
use the Software in a cluster
environment. A "Node" is defined
as a processing location, such as a
server, computer, client or some
other device, capable of processing
data and linked to such devices via
a network.
Port
The maximum number of hardware
and/or software ports available to
the host on which Licensee may
install and use the Software.
Seat or User
The maximum number of Users that
may be authorized to use or access
the Software, regardless of whether
such Users are actively using or
accessing the Software at any given
time. Except as otherwise agreed
in writing, "User" means Licensee's
agents, employees, consultants or
independent contractors authorized
by Licensee to use the Software on
its behalf.
Server
The maximum number of physical
servers on which Licensee may
install and use the Software.
b.Licensed Use. The order confirmation that was delivered
with the Software product (of if none, the final sales
quote) specifies the scope of the license rights of the
Software that are permitted to Licensee. Use of the
Software beyond the scope of the rights granted to
Licensee requires additional or modified license grants,
and additional payment of applicable license and
maintenance fees. Notwithstanding the foregoing,
Licensee may make one (1) back-up copy of the Software
and the system configuration and other installation-
specific files that are created during the installation
and configuration process using the Software solely for
archival purposes, provided that Licensee reproduces on
the back-up copy all copyright notices and any other
proprietary legends that are on or encoded in the
Software. Licensee may transfer the Software and set-up
and other installation-specific files from one server to
another at no additional license fee provided that
Licensee deletes the Software and configuration and other
installation-specific files from the server no longer in
use and from each back-up copy for that server.
c.Software Access and Use Requirements. Except as
otherwise agreed in writing, licenses are required for
each Device/User accessing or using the Software,
notwithstanding any non-Licensor technology used to (i)
reduce the number of Devices or Users the Software
directly manages; (ii) pool connections; or (iii) reduce
the number of Devices/Users accessing or using the
Software.
d.Reservation of Rights. Any rights not expressly granted
in this Agreement are reserved to Licensor.
3. Intellectual Property Restrictions and Other Limitations
a. Restrictions on Copying and Modifying. Except as otherwise
expressly provided in this Agreement, Licensee shall not (i) copy
the Software, in whole or in part; or (ii) adapt, alter, create
derivative works based on, modify, or translate the Software, in
whole or in part.
b. Non-Production Usage. Licensee may make a reasonable number
of copies of the licensed Software for non-production, backup
purposes only. Except as expressly permitted herein or as
otherwise agreed in writing, copying the Software for use in
testing, development, disaster recovery, or training environments
requires separate licenses subject to payment of Software
maintenance and license fees.
c. Open Source. Licensee shall not utilize the Software in
conjunction with any Public Software in a manner which would
require the Software to be disclosed or distributed in source
code form or made available at no charge. "Public Software" means
any software that contains, or is derived in any manner (in whole
or in part) from, any software that is distributed as free
software, open source software (e.g., Linux) or similar licensing
or distribution models.
d. Restrictions on Transfer. Licensee may not (i) sell, assign,
distribute, lease, market, rent, lend, sublicense, transfer, make
available, or otherwise grant rights to the Software, in whole or
in part, to any third party in any form; or (ii) electronically
transfer the Software, in whole or in part, from one computer to
another over a network except as is necessary to load, operate
and use one installation copy of the Software.
e. Intellectual Property Notices and Marking. Licensee may not
(i) obscure, remove or alter any of the trademarks, trade names,
logos, patent or copyright notices or markings applied to or on
the Software; or (ii) add any other notices or markings to the
Software or any portion thereof.
f. Limitations on Reverse Engineer, Decompilation, and
Disassembly. Licensee may not reverse engineer, decompile, or
disassemble the Software or any portion thereof or otherwise
obtain or attempt to obtain the source code for the Software or
any portion thereof.
g. Restrictions on Separation of Software. Except as otherwise
agreed in writing, Licensee may not separate or attempt to
separate the Software for use in more than one operating system
environment under a single license, even if the operating system
environments are on the same physical hardware system. The
component parts of the Software may not be separated for use on
more than one computer.
4. Support for Software; Updates
No product support for the Software is provided unless a
separate written support agreement is entered into by
Licensee and Licensor or an authorized vendor. If the
Software is an upgrade or update to a previous version of
the Software, Licensee must possess a valid license to such
previous version in order to use such upgrade or update.
After Licensee installs such upgrade or update, Licensee may
continue to use any such previous version in accordance with
its license agreement only if (a) the upgrade or update and
all previous versions are installed on the same Device, (b)
the previous versions or copies thereof are not transferred
to another party or Device and (c) Licensee acknowledges
that any obligation Licensor may have to support the
previous version(s) may be ended upon the availability of
the upgrade or update. No other use of the previous
version(s) is permitted after installation of an upgrade or
update. Upgrades and updates may be licensed to Licensee by
Licensor with additional or different terms.
5. Ownership of Software
Licensor has and shall have sole and exclusive ownership of
all right, title, and interest in and to the Software and
all portions and copies thereof. In addition, Licensor
shall have sole and exclusive ownership of any additional
programs, updates, modifications, fixes, patches, upgrades,
and revisions provided to Licensee for the Software. No
title is transferred by this Agreement or by the payment of
any fee. If title to the Software or any part or element
thereof does not, by operation of law, vest in Licensor,
Licensee hereby assigns to Licensor, or its designee all
right, title and interest in and to the Software.
6. Fees
In partial consideration for the rights granted to Licensee
herein, Licensee shall pay to Licensor or an authorized
vendor the fees in accordance with the terms and conditions
of the purchase order or other agreement(s) between the
Licensee and Licensor or an authorized vendor that define
the purchase and permitted use of the Software, which terms
and conditions are incorporated herein by reference. Each
party will be responsible for its own expenses incurred in
rendering performance under this Agreement, including the
cost of facilities, work space, computers and computer
time, development tools and platforms, utilities
management, personnel, supplies and the like.
7. Failure to Execute Agreement
If you are unwilling or unauthorized to execute this
Software License Agreement, you should destroy the Software
and all copies thereof and notify Licensor or an authorized
vendor from which it was received within ten (10) days
thereof.
8. Term and Termination
a.Term. This Agreement commences upon the earliest date
that you install, copy, download, use the Software or
otherwise accept the terms and conditions of this
Agreement, provided that the terms and conditions of the
purchase order or other agreement between the Licensee
and Licensor or an authorized vendor defining the
purchase and permitted use of the Software have been
satisfied, and shall continue until terminated as
provided herein.
b. Termination. Licensee may terminate this Agreement at any
time, with or without cause, by returning to Licensor or
destroying the Software and all copies thereof and deleting or
uninstalling the Software and all copies thereof, and certifying
the same in writing to Licensor within ten (10) business days of
termination.
c. Effect of Termination. Termination of this Agreement shall
not relieve either party of any obligation or liability accrued
hereunder prior to such termination, nor affect or impair the
rights of either party arising under this Agreement prior to such
termination, except as expressly provided herein. Upon
termination, the Licensee agrees to promptly return to Licensor
or destroy the Software and all copies thereof and delete or
uninstall the Software and all copies thereof, and certify the
same in writing to Licensor within ten (10) business days of
termination.
9. Disclaimers and Remedies.
a. Disclaimer of Warranty. THE SOFTWARE AND ALL PORTIONS
THEREOF, AND ANY SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM
EXTENT PERMITTED BY LAW, LICENSOR DISCLAIMS ALL OTHER WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY,
PERFORMANCE, AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES
NOT WARRANT THAT THE FUNCTIONS OR INFORMATION CONTAINED IN THE
SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS LICENSEE MAY HAVE,
OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN
UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE
SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE
WITH ANY PARTICULAR SYSTEM, NETWORK, OR SOFTWARE.
b. Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY
LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO LICENSEE OR ANY THIRD
PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ANY
PORTION THEREOF, DEFECTS IN WARRANTY, ANY SERVICES, OR FOR ANY
CLAIM BY ANY OTHER PARTY, EVEN IF LICENSOR HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR'S
LIABILITY EXCEED THE AMOUNT OF FEES PAID UNDER THIS AGREEMENT
(WHETHER SUCH LIABILITY ARISES FROM BREACH OF WARRANTY, BREACH OF
THIS AGREEMENT, OR OTHERWISE, AND WHETHER IN CONTRACT OR IN TORT,
INCLUDING NEGLIGENCE AND STRICT LIABILITY). IN NO EVENT MAY ANY
ACTION BE BROUGHT AGAINST LICENSOR ARISING OUT OF THIS AGREEMENT
MORE THAN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES,
DETERMINED WITHOUT REGARD TO WHEN THE LICENSEE SHALL HAVE LEARNED
OF THE ALLEGED DEFECT, INJURY, OR LOSS. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
EXCLUSION OR LIMITATION MAY NOT APPLY TO EACH LICENSEE. THE
PROVISIONS OF THIS SECTION 9 WILL SURVIVE ANY TERMINATION OF THIS
AGREEMENT.
10. Indemnification.
a. Licensor. If Licensee receives a claim that the use of the
Software infringes a patent, copyright, or other Intellectual
property right, Licensee must promptly notify Licensor in
writing. Licensor shall, at its own expense and option: (i)
defend and settle such claim, (ii) procure Licensee the right to
use the Software, (iii) modify or replace the Software to avoid
infringement; or (iv) provide a pro rata refund of license fees
paid for the applicable time period. In the event Licensor
exercises option (i) above, it shall have the sole and exclusive
authority to defend and/or settle any such claim or action.
b. Licensee. Licensee agrees to indemnify, defend, and hold
harmless Licensor and its directors, officers, employees, agents,
successors and assigns from and against any and all third-party
liabilities, claims, demands losses, damages, costs and expenses
(including reasonable attorney's fees) which may be assessed
against or incurred by Licensee relating to or arising out of:
(i) any material breach of this Agreement by Licensee; (ii) any
allegation that one or more of the Developer Products infringes
the intellectual property rights of a third party; (iv) the use
of the Software in a manner prohibited under this Agreement, or
in a manner for which the Software was not designed; or (v) any
negligent, grossly negligent or intentional misconduct or
omission of Licensee or its directors, officers, employees,
agents, successors and assigns in connection with its use of the
Software.
c. Exceptions. Licensor shall have no liability to Licensee
under section 11(a) or otherwise for any claim or action alleging
infringement based upon (i) any use of the Software in a manner
other than as specified by Licensor; (ii) any combination of the
Software by Licensee with other products, equipment, devices,
software, systems, or data not supplied by an authorized vendor
or Licensor (including, without limitation, any software produced
by Licensee for use with the Software or the Developer Products)
to the extent such claim is directed against such combination;
(iii) any unauthorized modifications, enhancements or
customization of the Software by any person other than Licensor;
or (iv) use of other than a current release of the Software, if
such infringement would have been avoided by use of a current
release that Licensor has made available to Licensee free of
charge prior to the notice of infringement.
11. Third Party Software
The Software contains the wxWindows Library by Julian Smart,
Robert Roebling et al, which use and distribution is under the
GNU Library General Public License subject to certain exceptions
as provided in the wxWindows Library, Version 3.1 attached as
Addendum A hereto (the "wxWindows Library"). No third-party
products are covered by any warranty obligation of Licensor and
are not covered by any maintenance or service provision by
Licensor. If no such agreement is provided, such products are
provided "AS-IS". Users shall have recourse only to the
manufacturer, not Licensor, for all such warranty, service, or
support obligations.
12. General Provisions
a. Compliance. Licensee will make reasonable efforts to ensure
compliance by all Users authorized to use the Software with this
Agreement. Licensee grants Licensor the right to audit, at any
time during regular business hours without prior notice, use of
the Software to ensure compliance with this Agreement.
b. U.S. Government Rights. If you are a branch or agency of
the U.S. Government, then you acknowledge that the Software is a
"commercial item" as that term is defined at 48 C.F.R. 2.101,
consisting of "commercial computer software" and "commercial
computer software documentation" as such terms are used in 48
C.F.R. 12.212. Any technical data provided with the Software is
commercial technical data as defined in 48 C.F.R. 12.211.
Consistent with 48 C.F.R. 12.211 through 12.212 and 48 C.F.R.
227.7202-1 through 227.7202-4, and 48 C.F.R. 252.227-7015, all
U.S. Government end users acquire the Software with only the
rights set forth in this Agreement.
c. Governing Law. This Agreement shall for all purposes be
governed by and interpreted in accordance with the laws of the
Commonwealth of Massachusetts, as those laws are applied to
contracts entered into and to be performed entirely in
Massachusetts, without reference to its conflicts of laws
provisions. Any legal suit, action, or proceeding arising out of
or relating to this Agreement shall be commenced in a federal or
state court in the Massachusetts, and each party hereto
irrevocably submits to the non-exclusive jurisdiction and venue
of any such court in any such suit, action, or proceeding.
Licensee hereby acknowledges and agrees that the U.N. Convention
on Contracts for the International Sale of Goods shall not apply
to this Agreement.
d. Severability. Should any term or provision of this Agreement
be finally determined by a court of competent jurisdiction to be
void, invalid, unenforceable or contrary to law or equity, the
offending term or provision shall be modified and limited (or if
strictly necessary, deleted) only to the extent required to
conform to the requirements of law and the remainder of this
Agreement (or, as the case may be, the application of such
provisions to other circumstances) shall not be affected thereby
but rather shall be enforced to the greatest extent permitted by
law, and the parties shall use their best efforts to substitute
for the offending provision new terms having similar economic
effect.
e. Modification and Waiver. Any modification, amendment,
supplement, or other change to this Agreement must be in writing
and signed by a duly authorized representative of Licensor and
Licensee. All waivers must be in writing. The failure of Licensor
to insist upon strict performance of any provision of this
Agreement, or to exercise any right provided for herein, shall
not be deemed to be a waiver of the future performance or
exercise of such provision or right, and no waiver of any
provision or right shall affect the right of the waiving party to
enforce any other provision or right herein.
f. Assignment. No right or obligation of Licensee under this
Agreement may be assigned, delegated or otherwise transferred,
whether by agreement, operation of law, or otherwise, without the
express prior written consent of Licensor, and any attempt to
assign, delegate or otherwise transfer any of Licensee's rights
or obligations hereunder, without such consent, shall be void.
Subject to the preceding sentence, this Agreement shall bind each
party and its permitted successors and assigns.
g. Remedies. The parties agree that any breach of this
Agreement would cause irreparable injury for which no adequate
remedy at law exists; therefore, the parties agree that equitable
remedies, including without limitation, injunctive relief and
specific performance, are appropriate remedies to redress any
breach or threatened breach of this Agreement, in addition to
other remedies available to the parties. All rights and remedies
hereunder shall be cumulative, may be exercised singularly or
concurrently, and shall not be deemed exclusive except as
otherwise provided. If any legal action is brought to enforce any
obligations hereunder, the prevailing party shall be entitled to
receive its attorneys' fees, court costs, and other collection
expenses, in addition to any other relief it may receive.
Licensee hereby waives any right or claim to which Licensee may
be entitled to immunity or exemption from liability.
h. Notice. All notices, statements and reports required or
permitted by this Agreement shall be in writing and deemed to
have been effectively given and received: (i) on the date shown
on the return receipt if sent by registered or certified U.S.
Mail, postage prepaid, with return receipt requested; or (ii)
when delivered if delivered personally or sent by express courier
service provided a receipt of delivery is obtained. Notices to
Licensor shall be addressed as follows: Wildlife Acoustics, Inc.,
P.O. Box 680, Concord, MA 01742-0680.
i. Force Majeure. Neither party will be responsible for any
failure to fulfill its obligations due to causes beyond its
reasonable control, including without limitation, acts or
omissions of government or military authority, acts of God,
materials shortages, transportation delays, fires, floods, labor
disturbances, riots, wars, or inability to obtain any export or
import license or other approval of authorization of any
government authority.
j. Export Control. Licensee shall not export or allow the
export or re-export of the Software or any portions thereof
without compliance with all export laws and regulations of the
U.S. Department of Commerce and all other U.S. agencies and
authorities, including without limitation, the Export
Administration Regulations of the U.S. Department of Commerce,
Bureau of Export Administration, and, if applicable, relevant
foreign laws and regulations.
k. Relationship. Licensor and Licensee are independent
contracting parties. This Agreement shall not constitute the
parties as principal and agent, partners, joint venturers, or
employer and employee.
l. Survival of Terms. The provisions of Sections 3, 4, 5, 6,
7, 8, 9, 10, 11 and 12 (and any other provision which so
indicates) shall survive termination of this Agreement.
m. Entire Agreement. This Agreement constitutes the entire,
full and complete Agreement between the parties concerning the
subject matter hereof, and they collectively supersede all prior
or contemporaneous oral or written communications, proposals,
conditions, representations and warranties. This Agreement
prevails over any conflicting or additional terms of any quote,
order, acknowledgment, or other communication between the parties
relating to its subject matter.
Addendum A
wxWindows Library Licence, Version 3.1
===============================
Copyright (c) 1998-2005 Julian Smart, Robert Roebling et al
Everyone is permitted to copy and distribute verbatim copies
of this licence document, but changing it is not allowed.
WXWINDOWS LIBRARY LICENCE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND
MODIFICATION
This library is free software; you can redistribute it
and/or modify it under the terms of the GNU Library General
Public Licence as published by the Free Software Foundation;
either version 2 of the Licence, or (at your option) any
later version.
This library is distributed in the hope that it will be
useful, but WITHOUT ANY WARRANTY; without even the implied
warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR
PURPOSE. See the GNU Library General Public Licence for
more details.
You should have received a copy of the GNU Library General
Public Licence along with this software, usually in a file
named COPYING.LIB. If not, write to the Free Software
Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA
02111-1307 USA.
EXCEPTION NOTICE
1. As a special exception, the copyright holders of this
library give permission for additional uses of the text
contained in this release of the library as licenced under
the wxWindows Library Licence, applying either version 3.1
of the Licence, or (at your option) any later version of the
Licence as published by the copyright holders of version 3.1
of the Licence document.
2. The exception is that you may use, copy, link, modify and
distribute under your own terms, binary object code versions
of works based on the Library.
3. If you copy code from files distributed under the terms
of the GNU General Public Licence or the GNU Library General
Public Licence into a copy of this library, as this licence
permits, the exception does not apply to the code that you
add in this way. To avoid misleading anyone as to the
status of such modified files, you must delete this
exception notice from such code and/or adjust the licensing
conditions notice accordingly.
4. If you write modifications of your own for this library,
it is your choice whether to permit this exception to apply
to your modifications. If you do not wish that, you must
delete the exception notice from such code and/or adjust the
licensing conditions notice accordingly.
GNU LIBRARY GENERAL PUBLIC LICENSE
==================================
Version 2, June 1991
Copyright (C) 1991 Free Software Foundation, Inc.
675 Mass Ave, Cambridge, MA 02139, USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
[This is the first released version of the library GPL. It
is numbered 2 because it goes with version 2 of the ordinary
GPL.]
Preamble
The licenses for most software are designed to take away
your freedom to share and change it. By contrast, the GNU
General Public Licenses are intended to guarantee your
freedom to share
and change free software--to make sure the software is free
for all its users.
This license, the Library General Public License, applies to
some specially designated Free Software Foundation software,
and to any other libraries whose authors decide to use it.
You can use it for your libraries, too.
When we speak of free software, we are referring to freedom,
not price. Our General Public Licenses are designed to make
sure that you have the freedom to distribute copies of free
software (and charge for this service if you wish), that you
receive source code or can get it if you want it, that you
can change the software or use pieces of it in new free
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To protect your rights, we need to make restrictions that
forbid anyone to deny you these rights or to ask you to
surrender the rights. These restrictions translate to
certain responsibilities for you if you distribute copies of
the library, or if you modify it.
For example, if you distribute copies of the library,
whether gratis or for a fee, you must give the recipients
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they, too, receive or can get the source code. If you link
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Our method of protecting your rights has two steps: (1)
copyright the library, and (2) offer you this license which
gives you legal permission to copy, distribute and/or modify
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Also, for each distributor's protection, we want to make
certain that everyone understands that there is no warranty
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Finally, any free program is threatened constantly by
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made it clear that any patent must be licensed for
everyone's free use or not licensed at all.
Most GNU software, including some libraries, is covered by
the ordinary GNU General Public License, which was designed
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