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Tanuki Software, Inc.
Community Software License Agreement
Version 1.0
IMPORTANT-READ CAREFULLY: This license agreement is a legal agreement
between you and Tanuki Software, Inc.("TSI"), which includes computer
software, associated media, printed materials, and may include online
or electronic documentation ( Software ). PLEASE READ THIS AGREEMENT
CAREFULLY BEFORE YOU INSTALL, COPY, DOWNLOAD OR USE THE SOFTWARE
ACCOMPANYING THIS PACKAGE.
Section 1 - Grant of License
Community editions of the Software are made available on the GNU
General Public License, Version 2 ("GPLv2"), included in Section 3 of
this license document. All sections of the Community Software License
Agreement must be complied with in addition to those of the GPLv2.
Section 2 - Your Obligations
A copy of this license must be distributed in full with the Product
in a location that is obvious to Your customers. The Software
Program may not be modified, nor may the Product in any way obfuscate
or obstruct the copyright notice and license information displayed in
the console and log files by the Software Program on startup.
Section 3 - GPLv2 License Agreement
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA
Everyone is permitted to copy and distribute verbatim copies of
this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your
freedom to share and change it. By contrast, the GNU General
Public License is intended to guarantee your freedom to share and
change free software--to make sure the software is free for all
its users. This General Public License applies to most of the Free
Software Foundation's software and to any other program whose
authors commit to using it. (Some other Free Software Foundation
software is covered by the GNU Library General Public License
instead.) You can apply it to your programs, 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 software, or if you modify
it.
For example, if you distribute copies of such a program, whether
gratis or for a fee, you must give the recipients all the rights
that you have. You must make sure that they, too, receive or can
get the source code. And you must show them these terms so they
know their rights.
We protect your rights with two steps:
(1) copyright the software, and
(2) offer you this license which gives you legal permission to
copy, distribute and/or modify the software.
Also, for each author's protection and ours, we want to make
certain that everyone understands that there is no warranty for
this free software. If the software is modified by someone else
and passed on, we want its recipients to know that what they have
is not the original, 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 redistributors of a free
program will individually obtain patent licenses, in effect making
the program proprietary. To prevent this, we have made it clear
that any patent must be licensed for everyone's free use or not
licensed at all.
The precise terms and conditions for copying, distribution and
modification follow.
GNU GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which
contains a notice placed by the copyright holder saying it may be
distributed under the terms of this General Public License. The
"Program", below, refers to any such program or work, and a "work
based on the Program" means either the Program or any derivative
work under copyright law: that is to say, a work containing the
Program or a portion of it, either verbatim or with modifications
and/or translated into another language. (Hereinafter, translation
is included without limitation in the term "modification".) Each
licensee is addressed as "you".
Activities other than copying, distribution and modification are
not covered by this License; they are outside its scope. The act
of running the Program is not restricted, and the output from the
Program is covered only if its contents constitute a work based on
the Program (independent of having been made by running the
Program). Whether that is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's
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 give any other recipients of the
Program a copy of this License along with the Program.
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.
2. You may modify your copy or copies of the Program or any
portion of it, thus forming a work based on the Program, and copy
and distribute such modifications or work under the terms of
Section 1 above, provided that you also meet all of these
conditions:
a) You must cause the modified files to carry prominent notices
stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any
part thereof, to be licensed as a whole at no charge to all third
parties under the terms of this License.
c) If the modified program normally reads commands interactively
when run, you must cause it, when started running for such
interactive use in the most ordinary way, to print or display an
announcement including an appropriate copyright notice and a
notice that there is no warranty (or else, saying that you provide
a warranty) and that users may redistribute the program under
these conditions, and telling the user how to view a copy of this
License. (Exception: if the Program itself is interactive but does
not normally print such an announcement, your work based on the
Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If
identifiable sections of that work are not derived from the
Program, and can be reasonably considered independent and separate
works in themselves, then this License, and its terms, do not
apply to those sections when you distribute them as separate works.
But when you distribute the same sections as part of a whole which
is a work based on the Program, the distribution of the whole must
be on the terms of this License, whose permissions for other
licensees extend to the entire whole, and thus to each and every
part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or
contest your rights to work written entirely by you; rather, the
intent is to exercise the right to control the distribution of
derivative or collective works based on the Program.
In addition, mere aggregation of another work not based on the
Program with the Program (or with a work based on the Program) on
a volume of a storage or distribution medium does not bring the
other work under the scope of this License.
3. You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms
of Sections 1 and 2 above provided that you also do one of the
following:
a) Accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of Sections
1 and 2 above on a medium customarily used for software
interchange; or,
b) Accompany it with a written offer, valid for at least three
years, to give any third party, for a charge no more than your
cost of physically performing source distribution, a complete
machine-readable copy of the corresponding source code, to be
distributed under the terms of Sections 1 and 2 above on a medium
customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer
to distribute corresponding source code. (This alternative is
allowed only for noncommercial distribution and only if you
received the program in object code or executable form with such
an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work
for making modifications to it. For an executable work, complete
source code means all the source code for all modules it contains,
plus any associated interface definition files, plus the scripts
used to control compilation and installation of the executable.
However, as a special exception, the source code distributed need
not include anything that is normally distributed (in either
source or binary form) with the major components (compiler,
kernel, and so on) of the operating system on which the executable
runs, unless that component itself accompanies the executable.
If distribution of executable or object code is made by offering
access to copy from a designated place, then offering equivalent
access to copy the source code from the same place counts as
distribution of the source code, even though third parties are not
compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program
except as expressly provided under this License. Any attempt
otherwise to copy, modify, sublicense or distribute the Program is
void, and will automatically terminate your rights under this
License. However, parties who have received copies, or rights,
from you under this License will not have their licenses
terminated so long as such parties remain in full compliance.
5. You are not required to accept this License, since you have not
signed it. However, nothing else grants you permission to modify
or distribute the Program or its derivative works. These actions
are prohibited by law if you do not accept this License.
Therefore, by modifying or distributing the Program (or any work
based on the Program), you indicate your acceptance of this
License to do so, and all its terms and conditions for copying,
distributing or modifying the Program or works based on it.
6. Each time you redistribute the Program (or any work based on
the Program), the recipient automatically receives a license from
the original licensor to copy, distribute or modify the Program
subject to these terms and conditions. You may not impose any
further restrictions on the recipients' exercise of the rights
granted herein. You are not responsible for enforcing compliance
by third parties to this License.
7. If, as a consequence of a court judgment or allegation of
patent infringement or for any other reason (not limited to
patent issues), conditions are imposed on you (whether by court
order, agreement or otherwise) that contradict the conditions of
this License, they do not excuse you from the conditions of this
License. If you cannot distribute so as to satisfy simultaneously
your obligations under this License and any other pertinent
obligations, then as a consequence you may not distribute the
Program at all. For example, if a patent license would not permit
royalty-free redistribution of the Program by all those who
receive copies directly or indirectly through you, then the only
way you could satisfy both it and this License would be to refrain
entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable
under any particular circumstance, the balance of the section is
intended to apply and the section as a whole is intended to apply
in other circumstances.
It is not the purpose of this section to induce you to infringe
any patents or other property right claims or to contest validity
of any such claims; this section has the sole purpose of
protecting the integrity of the free software distribution system,
which is implemented by public license practices. Many people have
made generous contributions to the wide range of software
distributed through that system in reliance on consistent
application of that system; it is up to the author/donor to decide
if he or she is willing to distribute software through any other
system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed
to be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in
certain countries either by patents or by copyrighted interfaces,
the original copyright holder who places the Program under this
License may add an explicit geographical distribution limitation
excluding those countries, so that distribution is permitted only
in or among countries not thus excluded. In such case, this
License incorporates the limitation as if written in the body of
this License.
9. The Free Software Foundation may publish revised and/or new
versions of the General Public License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the
Program specifies a version number of this License which applies
to it and "any later version", you have the option of following
the terms and conditions either of that version or of any later
version published by the Free Software Foundation. If the Program
does not specify a version number of this License, you may choose
any version ever published by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into other
free programs whose distribution conditions are different, write
to the author to ask for permission. For software which is
copyrighted by the Free Software Foundation, write to the Free
Software Foundation; we sometimes make exceptions for this. Our
decision will be guided by the two goals of preserving the free
status of all derivatives of our free software and of promoting
the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO
WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE
LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS
AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE
DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY
MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE
LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF
DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU
OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY
OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
Section 4 - 3rd Party Components
(1) The Software Program includes software and documentation components
developed in part by Silver Egg Technology, Inc.("SET") prior to
2001. All SET components were released under the following license.
Copyright (c) 2001 Silver Egg Technology
Permission is hereby granted, free of charge, to any person
obtaining a copy of this software and associated documentation
files (the "Software"), to deal in the Software without
restriction, including without limitation the rights to use,
copy, modify, merge, publish, distribute, sub-license, and/or
sell copies of the Software, and to permit persons to whom the
Software is furnished to do so, subject to the following
conditions:
The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN THE SOFTWARE.
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