End-User Software License Agreement

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.

GNU LIBRARY GENERAL PUBLIC LICENSE

==================================

Version 2, June 1991

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 programs; and that you know you can do these things.

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.

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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 the library.

Also, for each distributor's protection, we want to make certain that everyone understands that there is no warranty for this free library. If the library is modified by someone else and passed on, we want its recipients to know that what they have is not the original version, so that any problems introduced by others will not reflect on the original authors' reputations.

Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that companies distributing free software will individually obtain patent licenses, thus in effect transforming the program into proprietary software. To prevent this, we have 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 for utility programs. This license, the GNU Library General Public License, applies to certain designated libraries. This license is quite different from the ordinary one; be sure to read it in full, and don't assume that anything in it is the same as in the ordinary license.

The reason we have a separate public license for some libraries is that they blur the distinction we usually make between modifying or adding to a program and simply using it. Linking a program with a library, without changing the library, is in some sense simply using the library, and is analogous to running a utility program or application program. However, in a textual and legal sense, the linked executable is a combined work, a derivative of the original library, and the ordinary General Public License treats it as such.

Because of this blurred distinction, using the ordinary General Public License for libraries did not effectively promote software sharing, because most developers did not use the libraries. We concluded that weaker conditions might promote sharing better.

However, unrestricted linking of non-free programs would deprive the users of those programs of all benefit from the free status of the libraries themselves. This Library General Public License is intended to permit developers of non-free programs to use free libraries, while preserving your freedom as a user of such programs to change the free libraries that are incorporated in them. (We have not seen how to achieve this as regards changes in header files, but we have achieved it as regards changes in the actual functions of the Library.) The hope is that this will lead to faster development of free libraries.

The precise terms and conditions for copying, distribution and modification follow. Pay close attention to the difference between a "work based on the library" and a "work that uses the library". The former contains code derived from the library, while the latter only works together with the library.

Note that it is possible for a library to be covered by the ordinary General Public License rather than by this special one.

GNU LIBRARY GENERAL PUBLIC LICENSE

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

0. This License Agreement applies to any software library which contains a notice placed by the copyright holder or other authorized party saying it may be distributed under the terms of this Library General Public License (also called "this License"). Each licensee is addressed as "you".

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The "Library", below, refers to any such software library or work which has been distributed under these terms. A "work based on the Library" means either the Library or any derivative work under copyright law: that is to say, a work containing the Library or a portion of it, either verbatim or with modifications and/or translated straightforwardly into another language. (Hereinafter, translation is included without limitation in the term "modification".)

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Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running a program using the Library is not restricted, and output from such a program is covered only if its contents constitute a work based on the Library (independent of the use of the Library in a tool for writing it). Whether that is true depends on what the Library does and what the program that uses the Library does.

1. You may copy and distribute verbatim copies of the Library's complete source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and distribute a copy of this License along with the Library.

You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

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However, linking a "work that uses the Library" with the Library creates an executable that is a derivative of the Library (because it contains portions of the Library), rather than a "work that uses the library". The executable is therefore covered by this License. Section 6 states terms for distribution of such executables.

When a "work that uses the Library" uses material from a header file that is part of the Library, the object code for the work may be a derivative work of the Library even though the source code is not. Whether this is true is especially significant if the work can be linked without the Library, or if the work is itself a library. The threshold for this to be true is not precisely defined by law.

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