diff --git a/COPYING b/COPYING deleted file mode 100644 index 94a9ed0..0000000 --- a/COPYING +++ /dev/null @@ -1,674 +0,0 @@ - GNU GENERAL PUBLIC LICENSE - Version 3, 29 June 2007 - - Copyright (C) 2007 Free Software Foundation, Inc. - Everyone is permitted to copy and distribute verbatim copies - of this license document, but changing it is not allowed. - - Preamble - - The GNU General Public License is a free, copyleft license for -software and other kinds of works. - - The licenses for most software and other practical works are designed -to take away your freedom to share and change the works. By contrast, -the GNU General Public License is intended to guarantee your freedom to -share and change all versions of a program--to make sure it remains free -software for all its users. We, the Free Software Foundation, use the -GNU General Public License for most of our software; it applies also to -any other work released this way by its authors. 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If your program is a subroutine library, you -may consider it more useful to permit linking proprietary applications with -the library. If this is what you want to do, use the GNU Lesser General -Public License instead of this License. But first, please read -. diff --git a/LICENSE b/LICENSE index 9d5216b..94a9ed0 100644 --- a/LICENSE +++ b/LICENSE @@ -1,441 +1,674 @@ -MaidSafe.net Commercial Licence 1.0 - -DATE [insert date] - - -PARTIES - -(1) MaidSafe.next Ltd registered company number SC297540 of 72 Templehill, Troon, Scotland, - KA10 6BE; and - -(2) [INSERT FULL COMPANY NAME OF CUSTOMER] (registered company number [number]) of [address] - (the "Customer"). - - -INTRODUCTION - -MaidSafe has agreed to supply and license, and the Customer has agreed to use and pay for, -MaidSafe's proprietary software on the terms set out in this agreement. - - -1. Definitions - - In this agreement: - - "Affiliate" means in relation to any company, any body corporate which is from time to time a - holding company of that company, a subsidiary of that company or a subsidiary of a holding - company of that company ("holding company" and "subsidiary" having the meanings attributed to - them by s.1159 Companies Act 2006); - - "Intellectual Property Rights" means any patents, rights to inventions, copyrights and similar - rights, rights in know-how and all other intellectual property rights anywhere in the world - for the full term of those rights including all registrations and applications and the right - to apply for registrations; - - "Licence" shall mean the licence in clause 3 of this agreement; - - "Object" form shall mean any form resulting from mechanical transformation or translation of a - Source form, including but not limited to compiled object code, generated documentation, and - conversions to other media types; - - "Software" means the source or binary form of any MaidSafe.net limited developed code; and - - "Source" form shall mean software source code. - - -2. Supply of the Software - - MaidSafe will make available to the Customer the Software for download. - - -3. Licence - -3.1 In consideration of, and subject to payment of, the charges payable under this agreement, - MaidSafe grants the Customer a perpetual non-exclusive licence to use reproduce, sublicense, - and distribute the Software in Source or Object form, in each case in accordance with this - clause 3, for the duration of this agreement. This right includes the right to use the - Intellectual Property Rights in the Software, including patent rights, and the Customer - acknowledges that its use of the Software or any similar software (or any modified version of - the Software or any software that is based on or includes any part of the Software) other than - in accordance with the terms of this agreement (including the payment of the charges when due) - would infringe MaidSafe's Intellectual Property Rights, including patents rights, and in such - cases MaidSafe may terminate this Agreement without prejudice to its rights to claim damages, - account of profits and/or injunctive relief. - -3.2 Customer may reproduce and distribute copies of the Software in any medium, with or without - modifications, and in Source or Object form, provided that Customer meets the following - conditions: - - (a) Customer must ensure that any permitted user is required to enter into a written - software licence and is not allowed to use the Software (including any modified version - of the Software or any software that is based on or includes any part of the Software) - in any manner that would not be permitted by this Licence; - - (b) Customer must cause any modified files to carry prominent notices stating that Customer - changed the files; - - (c) Customer must retain, in the Source form of any copies of the Software (including any - modified version of the Software or any software that is based on or includes any part - of the Software) or any part thereof that Customer distributes, all copyright, patent, - trademark, and attribution notices from the Source form of the Software; and - - (d) if the Software includes a "NOTICE" text file as part of its distribution, then any - copies of the Software (including any modified version of the Software or any software - that is based on or includes any part of the Software) or any part that Customer - distributes must include a readable copy of the attribution notices contained within - such NOTICE file in at least one of the following places: - - (i) within a NOTICE text file distributed as part of the Software; - - (ii) within the Source form or documentation, if provided along with the Software; or - - (iii) within a display generated by the Software, if and wherever such third-party - notices normally appear. The contents of the NOTICE file are for informational - purposes only and do not modify the Licence. - -3.3 Except as expressly permitted otherwise by any term of this agreement, only the Customer is - permitted to use the Software. Use by the Customer includes use by the Customer's employees - and contractors provided that such use is solely on behalf of the Customer and for the - purposes of the Customer's business. - -3.4 The Customer may make such backup copies of the Software as are reasonably necessary to - support the Customer's use of the Software in accordance with this agreement. MaidSafe will - own the Intellectual Property Rights in any such backup copies. - -3.5 The Customer may reverse engineer or decompile the Software but only to the extent allowed - under applicable law and on the basis that Customer will request interoperability information - from MaidSafe. - -3.6 The Customer will comply with any reasonable instructions which MaidSafe gives the Customer - relating to the use of the Software (or any modified version of the Software or any software - that is based on or includes any part of the Software). The Customer will allow MaidSafe - access to any premises controlled by the Customer in order to allow MaidSafe to check that the - Software (or any modified version of the Software or any software that is based on or includes - any part of the Software) is being used only as permitted. - -3.7 This agreement does not grant permission to use the trade names, trademarks, service marks, or - product names of the Licensor, except as required for reasonable and customary use in - describing the origin of the Software and complying with this agreement. - - -4. Limited warranty - -4.1 MaidSafe warrants that it will perform its obligations under this agreement with reasonable - care and skill. - -4.2 If the warranty in clause 4.1 is breached, the Customer must tell MaidSafe as soon as - possible. The Customer must give MaidSafe a reasonable time to fix the problem or to - re-perform any relevant services. This will be done without any additional charge to the - Customer. If MaidSafe is able to do this within a reasonable time, MaidSafe will have no - other obligations or liability in relation to that breach. If MaidSafe is unable to do this - within a reasonable time or MaidSafe does not think that it is a sensible way to deal with the - problem, then MaidSafe may if it wishes elect to take back the Software and to refund to the - Customer all of the money which the Customer has paid to MaidSafe under this agreement. Where - the problem relates to a portion of the Software and other elements supplied which are capable - of use separately without material detriment to the Customer, MaidSafe may take back (and - refund in respect of) affected portions only. - -4.3 Apart from the terms set out in this agreement, no conditions, warranties or other terms apply - to the Software or its supply or Licence under this agreement. In particular, no implied - conditions, warranties or other terms relating to satisfactory quality or fitness for any - purpose will apply to anything supplied under this agreement. MaidSafe does not warrant or - enter into any terms to the effect that the Software: - - (a) will perform any particular function or purpose; or - - (b) be entirely free from defects or that its operation will be entirely error free. - -4.4 MaidSafe will not be liable for breach of any of the warranties or any other terms in this - agreement to the extent that the breach arises from: - - (a) use of the Software other than in accordance with normal operating procedures or as - otherwise notified to the Customer by MaidSafe; - - (b) any alterations to the Software made by anyone other than MaidSafe or someone authorised - by MaidSafe; - - (c) any problem with the computer on which the Software is installed, any equipment - connected to that computer or any other software which is installed on that computer; - - (d) any abnormal or incorrect operating conditions; or - - (e) use of the Software in combination with any other hardware or software, unless this use - has been approved by MaidSafe in writing. - - -5. Limitation of Liability - -5.1 Neither party's liability: - - (a) for death or personal injury caused by its negligence or the negligence of its employees - or agents; - - (b) for breach of clause 7 (Confidentiality); or - - (c) for fraudulent misrepresentation, is excluded or limited by this agreement, even if any - other term of this agreement would otherwise suggest that this might be the case. - -5.2 Other than as set out in clause 5.1, neither party shall be liable to the other (whether for - breach of contract, negligence or for any other reason) for any: - - (a) loss of profits; - - (b) loss of sales; - - (c) loss of revenue; - - (d) loss of any software or data; - - (e) loss of use of hardware, software or data; - - (f) indirect, consequential or special loss. - -5.3 Subject to clauses 5.1 and 5.2, MaidSafe's total aggregate liability under this agreement and - in relation to anything which MaidSafe has done or not done in connection with this agreement - (and whether the liability arises because of breach of contract, negligence or for any other - reason) shall be limited to: - - (a) an amount equal to 125% of the total amount payable by the Customer under this agreement - in the preceding 12 months; or - - (b) if the amount referred to in (a) cannot be calculated accurately at the time the - relevant liability is to be assessed, or if it is less than £5,000, to £5,000 - - -6. Charges - -6.1 Schedule 1 sets out the licence fees and other charges payable by the Customer under this - agreement. The charges are due on the dates (or on the happening of the events) specified in - schedule 1. - -6.2 MaidSafe may invoice the Customer for the charges as soon as they become due. The Customer - must pay the invoices within 30 days of receiving them (and if MaidSafe posts them to the - Customer, the Customer will be treated as having received them two working days later unless - the Customer can show that this was not the case). - -6.3 Where any charges are based on the Customer's revenues the Customer shall keep all accounts - and documents necessary to evidence such revenues and to support any calculation of the - relevant revenue share, and shall provide copies to MaidSafe on request. Customer shall allow - MaidSafe and its agents to enter into Customer's premises and to have access to all such - accounts and documents upon reasonable request. Where Customer's accounts and documents - illustrate that Customer has underpaid any charges (or MaidSafe can otherwise demonstrate - this) Customer shall immediately pay the balance due to MaidSafe plus MaidSafe's reasonable - costs of audit. This clause 6.3 shall survive termination or expiry of this agreement for 6 - years. - -6.4 MaidSafe may charge interest on all sums outstanding beyond the date on which they are due for - payment under this agreement. Interest may be charged on that basis from the date payment was - due until the date of payment (including after any judgement has been obtained) at the rate of - 3% per calendar month or part thereof. - -6.5 The amounts specified in schedule 1 do not include VAT or any other taxes on supplies and the - Customer will pay these to MaidSafe as well as the amounts concerned. - - -7. Confidentiality - -7.1 Each party will keep confidential any information which the other supplies to it in connection - with this agreement. Confidential information will include the Software and any related - documentation; all information marked as being confidential; and any other information which - might reasonably be assumed to be confidential. The obligations as to confidentiality in this - agreement will not apply to any information which: - - (a) is available to the public other than because of any breach of this agreement; - - (b) is, when it is supplied, already known to whomever it is disclosed to in circumstances - in which they are not prevented from disclosing it to others; - - (c) is independently obtained by whomever it is disclosed to in circumstances in which they - are not prevented from disclosing it to others; or - - (d) is required to be disclosed by law or by any court or tribunal with proper authority to - order its disclosure (but only to the extent of such requirements). - - -8. Term and termination - -8.1 This agreement will commence on the date set out on page 1 and will continue indefinitely - until terminated in accordance with this clause 8. - -8.2 Either party may terminate this agreement if: - - (a) the other materially breaches any term of this agreement and it is not possible to - remedy that breach or it is possible to remedy that breach, but the other fails to do so - within 30 days of being asked to do so; or - - (b) the other suffers any of the following event: - - (i) a meeting of creditors of that party being held or an arrangement or composition - with or for the benefit of its creditors (including a voluntary arrangement as - defined in the Insolvency Act 1986) being proposed by or in relation to that - party; - - (ii) a chargeholder, receiver, administrative receiver or other similar party taking - possession of or being appointed over or any distress, execution or other process - being levied or enforced (and not being discharged within seven days) on the whole - or a material part of the assets of that party; - - (iii) that party ceasing to carry on business or being deemed to be unable to pay its - debts within the meaning of section 123 Insolvency Act 1986; - - (iv) that party or its directors or the holder of a qualifying floating charge or any - of its creditors giving notice of their intention to appoint, appointing or making - an application to the court for the appointment of, an administrator; - - (v) a petition being advertised or a resolution being passed or an order being made - for the administration or the winding-up, bankruptcy or dissolution of that party; - and/or - - (vi) the happening in relation to that party of an event analogous to any of the above - in any jurisdiction in which it is incorporated or resident or in which it carries - on business or has assets. - -8.3 MaidSafe may terminate this agreement if: - - (a) Customer fails to pay any charges within 60 days of their due date; or - - (b) should the Software become, or in MaidSafe's reasonable opinion is likely to become, the - subject of a claim of intellectual property infringement claim. - -8.4 Apart from any other rights which MaidSafe might have, if the Customer breaches this agreement - MaidSafe may suspend performance of any of its obligations or any of the Customer's rights - under this agreement until the Customer remedies the breach to the reasonable satisfaction of - MaidSafe. - - -9. Consequences of termination - -9.1 If this agreement is terminated (regardless of who terminates it and regardless of the reason) - the Customer will immediately on termination: - - (a) cease using the Software (including any modified version of the Software or any software - that is based on or includes any part of the Software); - - (b) return all copies of the Software to MaidSafe or (if the copies are on media which is - non-removable and forms part of equipment belonging to the Customer) delete all copies - in such a way that they cannot be recovered; and - - (c) confirm to MaidSafe in writing that both of the above things have been done. - -9.2 Termination of this agreement will not affect any accrued rights or liabilities which either - MaidSafe or the Customer may have by the time termination takes effect. Clauses 5, 6 (for - unpaid charges), 7 and 9 shall survive termination or expiry of this agreement and any other - clause shall survive termination or expiry if expressly stated. - - -10. Other terms - -10.1 The Customer may not assign any of the Customer's rights or obligations under this agreement. - MaidSafe may assign this agreement or any of MaidSafe's rights or obligations under this - agreement to someone else, provided MaidSafe tells the Customer in writing if it does so. - -10.2 Neither party has any authority to enter into a contract for or on behalf of the other party, - to assume a liability on behalf of the other party or to pledge the credit of the other party, - unless such authority is expressly granted in writing by the other party. Neither party may - act as if it has such authority and must not represent (expressly or by implying it) that it - has such authority. - -10.3 MaidSafe will not be liable to the Customer for any breach of this agreement which arises - because of any circumstances which MaidSafe cannot reasonably be expected to control. - -10.4 All notices and consents relating to this agreement must be in writing. All variations to - this agreement must be agreed, set out in writing and signed on behalf of both MaidSafe and - the Customer before they take effect. - -10.5 In this agreement, unless it says otherwise: - - (a) reference to a person includes a legal person (such as a limited company) as well as a - natural person; - - (b) reference to this agreement includes reference to the schedules and appendices and other - documents attached to it or incorporated by reference into it (all as amended or added - to from time to time); - - (c) reference to "including" in this agreement shall be treated as being by way of example - and shall not limit the general applicability of any preceding words; - - (d) reference to any legislation shall be to that legislation as amended, extended or - re-enacted from time to time and to any subordinate provision made under that - legislation; - - (e) references to clauses or schedules shall be to those in this agreement; - - (f) reference to this agreement shall include reference to it after it has been amended, - added to or replaced by a new agreement. - -10.6 Except to the extent that this agreement expressly says otherwise, nothing in this agreement - shall create a partnership between the parties or give the rights of a partner to either - party. - -10.7 Any software supplied or Licenced under this agreement will not be treated as goods within the - meaning of the Sale of Goods Act 1979. Firmware will be treated as part of the goods in which - it is installed. - -10.8 This agreement sets out all of the terms that have been agreed between MaidSafe and the - Customer in relation to the subjects covered by it. Subject to clause 5.1, no other - representations or terms shall apply or form part of this agreement. The Customer - acknowledges that it has not been influenced to enter this agreement by anything MaidSafe has - said or done or committed to do, except as expressly recorded herein. - -10.9 No term of this agreement is enforceable under the Contracts (Rights of Third Parties) Act - 1999 by a person who is not a party to this agreement. - -10.10 This agreement is governed by Scottish law. Both MaidSafe and the Customer submit to the - exclusive jurisdiction of the Scottish courts in relation to any dispute concerning this - agreement but MaidSafe is also entitled to apply to any court worldwide for injunctive and - other remedies in order to protect or enforce its Intellectual Property Rights. - - -SCHEDULE 1 - -CHARGES - - -1. Customer shall pay to MaidSafe 1% of Qualifying Revenue. - -2 "Qualifying Revenue" shall mean any revenue generated directly or indirectly by Customer or - any Affiliate of Customer through: - - (a) use of the Software (including any modified version of the Software or any software that - is based on or includes any part of the Software); or - - (b) the provision of services directly or indirectly to any person using the Software - (including any modified version of the Software or any software that is based on or - includes any part of the Software), - - ("Qualifying Activities") less any VAT charged on such Qualifying Activities. - -3. Where any Qualifying Activity is discounted or provided for free (whether through bundling or - otherwise) it will be deemed to be provided at market rate and the relevant Qualifying Revenue - shall be calculated accordingly. - -4. The charges will be payable quarterly in arrears. - -5. Within 5 days of the end of each month Customer will provide to MaidSafe a statement setting - out the Qualifying Revenue for the month. MaidSafe shall invoice Customer within 5 days of - the end of each third month. Where no statement is provided or MaidSafe has cause to believe - it to be inaccurate it may invoke its audit rights under this agreement. - - -SIGNED on behalf of both parties on the date set out on page 1 of this agreement: - - - -SIGNED: ..................................................................... -for and on behalf of MaidSafe - - - -..................................................................... -Name/status - - - - -SIGNED: ..................................................................... -for and on behalf of the Customer - - - -..................................................................... -Name/status + GNU GENERAL PUBLIC LICENSE + Version 3, 29 June 2007 + + Copyright (C) 2007 Free Software Foundation, Inc. + Everyone is permitted to copy and distribute verbatim copies + of this license document, but changing it is not allowed. + + Preamble + + The GNU General Public License is a free, copyleft license for +software and other kinds of works. + + The licenses for most software and other practical works are designed +to take away your freedom to share and change the works. By contrast, +the GNU General Public License is intended to guarantee your freedom to +share and change all versions of a program--to make sure it remains free +software for all its users. We, the Free Software Foundation, use the +GNU General Public License for most of our software; it applies also to +any other work released this way by its authors. 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 +them 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 prevent others from denying you +these rights or asking you to surrender the rights. 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If not, see . + +Also add information on how to contact you by electronic and paper mail. + + If the program does terminal interaction, make it output a short +notice like this when it starts in an interactive mode: + + Copyright (C) + This program comes with ABSOLUTELY NO WARRANTY; for details type `show w'. + This is free software, and you are welcome to redistribute it + under certain conditions; type `show c' for details. + +The hypothetical commands `show w' and `show c' should show the appropriate +parts of the General Public License. Of course, your program's commands +might be different; for a GUI interface, you would use an "about box". + + You should also get your employer (if you work as a programmer) or school, +if any, to sign a "copyright disclaimer" for the program, if necessary. +For more information on this, and how to apply and follow the GNU GPL, see +. + + The GNU General Public License does not permit incorporating your program +into proprietary programs. If your program is a subroutine library, you +may consider it more useful to permit linking proprietary applications with +the library. If this is what you want to do, use the GNU Lesser General +Public License instead of this License. But first, please read +. diff --git a/README.md b/README.md index b3937a9..6dfd43d 100644 --- a/README.md +++ b/README.md @@ -42,12 +42,7 @@ This project depends on [safe_client_libs](https://github.com/maidsafe/safe_clie # License -Licensed under either of - -* the MaidSafe.net Commercial License, version 1.0 or later ([LICENSE](LICENSE)) -* the General Public License (GPL), version 3 ([COPYING](COPYING) or http://www.gnu.org/licenses/gpl-3.0.en.html) - -at your option. +This SAFE Network library is licensed under the General Public License (GPL), version 3 ([LICENSE](LICENSE) http://www.gnu.org/licenses/gpl-3.0.en.html). # Contribution