Fairly Obvious Open License Digital Rights Open License Version 1, April 2002 Copyright (C) 2002 Christophe de Dinechin (descubes@earthlink.net) Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. Preamble Several open-source licenses have been criticized for being too difficult to implement for corporations and businesses. The GNU General Public License (GPL) in particular has recently been the target of harsh criticism for being "viral". The Fairly Obvious Open License is an attempt at remedying this. While inspired largely by the GPL, the Fairly Obvious Open License contains special provisions that are intended to help corportations incorporate software developed and published under the license, thereby promoting Free Software and Open Source Software. Another issue that has been raised with the GPL is that it only protects source code, the "preferred form of the work for making modifications to it" in the words of the GPL. There is no provision in the GPL to cover other important forms of work, such as music or movies, in their digital form. Licenses for such digital form of artistic work are generally known as "Digital Rights License". Copyright owners for movies and music have voiced their concerns with respect to Digital Rights, in particular in the context of widespread adoption of the Internet. The Digital Rights Open License is intended to cover such artistic work in the spirit of the GPL and of early Copyright laws. It gives Copyright owners an appropriate framework for distributing their work, in particular when regular distribution channels do not exist for that work. To ensure fairness, the provisions that have been added in this license (compared to the original GPL) are directly inspired by existing licenses, contracts or other business practices. Special care has been taken to ensure that the interests and practices of the corporations which complained the most have been given sufficient consideration. The corresponding terms and conditions can be found below in Special Section "A" and Special Section "B" of this license. GPL-inspired preamble The licenses for most intellectual work, such as software, music, books, images or movies, are designed to take away your freedom to share and change it. By contrast, the Fairly Obvious Open License and the Digital Rights Open License are intended to guarantee your freedom to share and change free intellectual work--to make sure the intellectual work is free for all its users. The Fairly Obvious Open License applies to any program whose authors commit to using it. You can apply it to your programs, too. The Digital Rights Open License applies to any artistic product whose authors commit to using it. You can apply it to your music, books, paintings, movies, tee-shirts decorated with source code, or any other form of artistic expression. When we speak of free intellectual work, we are referring to freedom, not price. The french translation for this usage of "free" is "libre", not "gratuit". We have no idea of the russian or chinese translations, however, and it probably would not transcribe easily using the ASCII charset. Our Fairly Obvious Open License License is designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish, although many vocal users will complain if you do), that you receive source code for software 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. Our Digital Rights Open License is designed to make sure that you have the freedom to distribute copies of free artistic work (and charge for this service if you wish, but, again, given your artistic talent, that might be a bad idea), that you receive a usable form for such work or can get it if you want it, that you can change the work or use pieces of it in new free artistic work; 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 licensed product or intellectual work, or if you modify it. For example, if you distribute copies of such intellectual work, 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 of programs, or a usable form for other intellectual work. And you must show them these terms so they know their rights. We protect your rights with two steps: (1) copyright the original work, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the work. Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free intellectual work. If the intellectual work 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 software 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. At this point, we have the feeling that no such threat exists for artistic work, since patenting notes or colors is still impossible. The precise terms and conditions for copying, distribution and modification follow. FAIRLY OBVIOUS OPEN LICENSE DIGITAL RIGHTS OPEN 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 Fairly Obvious Open License or under the terms of this Digital Rights Open License. The "Product", below, refers to any such program or work, and a "work based on the Product" means either the Product or any derivative work under copyright law: that is to say, a work containing the Product 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".) The phrase "Software Product" is used in sections that apply to the Fairly Obvious Open License. The phrase "Artistic Product" is used in sections that apply to the Digital Rights Open License. Each licensee is addressed as "you". This License itself is considered an Artistic Product, and is licensed to you under the Digital Rights Open License. Except as inidicated in Special Section "A" and Special Section "B" below, activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of using the Product is not restricted, and the output from the Product is covered only if its contents constitute a work based on the Product (independent of having been made by using the Product). Whether that is true depends on what the Product does. 1. You may copy and distribute verbatim copies of the Product's source form 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 Product a copy of this License along with the Product. 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 the Product's source form or any portion of it, thus forming a work based on the Product, 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 Product 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 derived work is a modified program and 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 Product itself is interactive but does not normally print such an announcement, your work based on the Product is not required to print an announcement.) (Exception 2: You can exercise judgment in trimming the cumulative copyright notice so that it fits on a reasonably cheap display device.) These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Product, 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 Product, 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. No amount of handwaving about "bundling" versus "integrating" can dispense you from this requirement. 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 Product. In addition, mere aggregation of another work not based on the Product with the Product (or with a work based on the Product) 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 Product (or a work based on it, under Section 2) in any form, including object code or executable form for a Software Product, and any file format for an Artistic Product, 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 form, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for digital data or 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 form, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for digital data or 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 form for a work means the preferred form of the work for making modifications to it. For a Software Product, source form 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 software product. For an Artistic Product, source form means all the required data files necessary to use the Artistic Product, in a free digital format of size and quality reasonably close to the format in which the Artistic Product is distributed under Section 3. A free digital format is any format for which conversion to human-usable form can be performed or could theoretically be performed by at least one Software Product covered by either a Fairly Obvious Open License or a GNU General Public License. A free digital format must therefore be publicly documented in sufficient details, and unencumbered by patents. 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 form from the same place counts as distribution of the source form, 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 Product except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Product is void, and will automatically terminate your rights under this License. If a notification of non-compliance is sent in writing by any of the Product copyright holders, your License can only be reinstated by a written statement of the copyright holder who sent the notification. 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 Product or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Product (or any work based on the Product), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Product or works based on it. 6. Each time you redistribute the Product (or any work based on the Product), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Product 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 Product at all. For example, if a patent license would not permit royalty-free redistribution of the Product 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 Product. 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. If any portion of this license is held invalid or unenforceable under any particular circumstance, the balance of the license is intended to apply, and the license as a whole is intended to apply in other circumstances. If the license as a whole is held invalid or unenforceable, then the GNU General Public License applies for Software Products, and the copyright laws apply for Artistic Products. 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 and work 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 Product is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Product 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 Product 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 Product 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 Product into other free programs whose distribution conditions are different, write to the copyright holders to ask for permission. Copyright holders decision will sometimes 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. They may also be guided by pure evil greed. NO WARRANTY 11. BECAUSE THE PRODUCT IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PRODUCT, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PRODUCT "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 PRODUCT IS WITH YOU. SHOULD THE PRODUCT 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 PRODUCT 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 PRODUCT (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 PRODUCT TO OPERATE WITH ANY OTHER PRODUCTS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPECIAL SECTION "A" CORPORATION-FRIENDLY TERMS AND CONDITIONS The terms and conditions in Special Section "A" supplement the previously exposed general terms and conditions of the Fairly Obvious Open License and Digital Rights Open License. Terms and conditions in Special Section "A" are intended to make the Licenses more easily acceptable by major software corporations. They are purposedly similar to the terms and conditions customarily used by those corporations who have been complaining the most about the GPL. IMPORTANT - READ CAREFULLY: This Undisputable Corporate License Agreement (UCLA) is a legal agreement between you (either an individual or a single entity) and the copyright owner or owners of the licensed Product (the AUTHORS), which includes computer software or data and may include associated media, printed material and online or electronic documentation (collectively "PRODUCT"). Special Section "A" of this UCLA only applies to you if a/ you or the company you work for expressed concerns about the "viral" aspects of the GNU General Public License, or b/ if you otherwise seek relief from some of said "viral" aspects, or c/ if you or the company you work for are considered a monopoly by the United States Government. By installing, copying, listening to, viewing, smelling, hearing about, inspiring yourself from, thinking about or otherwise using the PRODUCT, you agree to be bound to the terms of this UCLA. If you do not agree to the terms of this UCLA, do not install, copy, listen to, view, smell, hear about, inpire yourself from, think about or otherwise use the PRODUCT. PRODUCT LICENSE The PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The PRODUCT is licensed, not sold, although the License itself may have been sold to you for good money. A.1. GRANT OF LICENSE This UCLA grants you the following limited, non-exclusive rights: - Installation, Use, Copy. You may install and use one (1) or any other similarly reasonable number of copies of the PRODUCT on computers or other digital devices at your premises. Storing more than one copy per digital device is allowed, unless the storage capacity of the device is exceeded. Copies must be performed in compliance with Sections 1, 2 and 3 of this UCLA and other applicable laws. - License Fees. Refund Policy. The License for the PRODUCT is granted to you subject to the payment of License Fees. If you do not agree to the terms of this UCLA, you may return the PRODUCT, and you may be entitled to a full refund as defined by applicable law. Applicable law notwithstanding, the AUTHORS shall not be held liable for the refund of the License Fees for a returned PRODUCT in any of the following cases: a/ the PRODUCT was not purchased directly from the AUTHORS. b/ the PRODUCT is damaged in any way, including, but not limited to, contamination by a virus or Act of God. c/ the PRODUCT shows any kind of malfunction, including, but not limited to, design flaw, user-interface inconsistency, excessive heat, bug, bird, reptile or mammal. d/ the PRODUCT's certificate of authenticity or any other method used by the AUTHORS to identify an original PRODUCT is missing, or the PRODUCT was incorrectly activated. e/ a cursory examination of the PRODUCT indicates that you used it, or that you failed to use it properly, or that you refused to use it in bad faith. f/ the PRODUCT was bundled with any digital device, and the only way the digital device could possibly be useful is with the PRODUCT. g/ the PRODUCT is indispensable and it is reasonable to conclude that the only reason you might want to return it is order to replace it with a bootleg, pirate or otherwise illegal copy. The License Fee value and the way the License Fee is computed are considered a Trade Secret by the AUTHORS. Any attempt at disclosing the License Fee to a third party automatically terminates this License and any License currently granted to you by the AUTHORS, without prejudice to any other retaliatory action allowed under applicable law or otherwise. - Accounting and Compliance Verification This UCLA grants you the right to friendly visits from our Bureau of Software Activation (BSA). You agree to bear all the costs of such visits, and to promptly grant access to your facilities, digital devices and other assets to members of the BSA. As part of our commitment to the highest levels of compliance in the industry, we may routinely send you mass mailings to help you stay in compliance. You agree that baseless claims, name calling and frivolous lawsuits are part of the BSA Standard Procedures and can in no way serve as ground for a lawsuit. You also acknowledge that "pirate" is an accounting technical term denoting any individual who paid less than three times for the same license. - Reserved Rights. The AUTHORS and its suppliers retain title and all ownership rights to the PRODUCT. All rights not expressely granted are reserved to the AUTHORS, including the right to complain, comment or otherwise bitch about how insane this License really is. A.2. VOLUME LICENSING. If you or your company use or might possibly use more than two (2) copies of the PRODUCT at any given time, this Volume Licensing section applies to you. a/ Up-to-date Licensing Terms Volume Licensing allows you to benefit from the latest Licensing Terms improvements from the AUTHORS. The latest version of the UCLA applies to you automatically, as prominently displayed by the AUTHORS on the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying "Beware of the Leopard". b/ Up-to-date Versions of the PRODUCT Volume Licensing ensures that you always benefit from the latest and greatest version of the PRODUCT. You are automatically entitled to a License for the latest version of the PRODUCT, subject to payment of any difference between the License Fees for the version of the PRODUCT currently installed at your premises and the latest version of the PRODUCT available from the AUTHORS. d/ Obsolescence Control Volume Licensing helps you maintaining an homogeneous version of the PRODUCT across all your digital devices. Any License you might have for previous versions of the PRODUCT are automatically terminated upon release of the latest version. e/ License Fees Computation Volume Licensing allows you to benefit from the lowest cost per licensed installation of the PRODUCT. Licenses are granted to you for every digital device you own. For every digital device, licenses are granted only for as many uses of the PRODUCT as the device may accomodate, which means that you don't pay License Fees if the PRODUCT cannot be used on this digital device. f/ Automatic Updates Volume Licensing updates are automatic and transparent, and require no effort on your part. You must grant the AUTHORS sufficient local or remote access to any of your digital devices as necessary to perform this automatic update. g/ Update Costs You are liable for all costs related to any update of your digital devices to the latest version of the PRODUCT. You are responsible to ensure that your digital devices are functioning properly and available to receive the automatic updates. However, an update that failed will only be charged nominally, without additional penalty to you, and best efforts will be made to perform another update as soon as technically feasible. A.3. OEM LICENSING The PRODUCT may only be distributed with one of your products or other equipment if you have an Original Equipment Manufacturer (OEM) License Agreement with the AUTHORS. You may obtain an OEM License from the Author provided that: a/ You accept to distribute the PRODUCT without modifications, including, but not limited to, modifications of appearance, functionality, startup screen and other pictures, placement and shape of icons, placement and shape of user-interface components, or the layout and functionality of crash-dump screens. b/ You agree that the PRODUCT will be the first things that any user will see when using your equipment for the first time, and the only mean to access any other product distributed with your equipment. c/ You agree to distribute no competing product with your Original Equipment. Should anterior contractual obligations force you to distribute competing products, please refer to paragraph (b) regarding access to these competing products. d/ An OEM Licencse grants you rights to a license of the PRODUCT on every piece of equipments that you sell, rent, lease, lend, distribute, produce for your own internal use, or otherwise manufacture. You may, at your discretion, select to defer installation of the PRODUCT on any of the equipment that you manufacture, allowing users of your equipment to select which version of the PRODUCT they want to install. A.4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. - Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile or disassemble the PRODUCT, except and only to the extent that such activity is required to understand the source form of the PRODUCT. - Limitations on Embracing and Extending. Embracing and Extending the Standards and other features implemented or found in the PRODUCT is not allowed. Doing so is a violation of the previous paragraph anyways, if you read it carefully. - Termination. Without prejudice to any other rights, the AUTHORS may terminate this UCLA if you fail to comply with the terms and conditions of this UCLA. Upon termination of this UCLA for any reason, you must destroy all copies of the PRODUCT and all of its component parts, on any digital device that you own. Destruction must be irreversible and resist the most obvious of current and future forensic data reconstruction techniques, including, but not limited to, hard-disk examination, reverse quantum thermo-chronographing and time travel. - Transfer. You may permanently transfer the PRODUCT, together with all of your rights under this UCLA, to another end user, provided you transfer all of the PRODUCT (including any component parts, media and printed materials, any upgrades and this UCLA, any digital device that came bundled with the PRODUCT, the original certificates of authenticity, the original sealed box that contained the PRODUCT, and the original sales receipt) and you retain no copies. In addition the person receiving the transferred PRODUCT must agree to all the terms of this UCLA. This provision and the first sale doctrine notwithstanding, the AUTHORS may, at its discretion, declare that any such transfer is "piracy" and therefore illegal. In particular, any offer for transfer in a public forum or on-line auction site, or any other action that might be detrimental to the reputation of the PRODUCT or the AUTHORS will be prosecuted to the maximum extent allowed by law and vast amounts of money. - Rental, Leasing, Lending. You may not rent, lease or lend the PRODUCT. The License is personal and nominative. No other person, including employees, coworkers, friends or members of your family, may use the PRODUCT without a proper License. You may not rent, lease or lend any digital device containing the PRODUCT. In order to rent, lease or lend any digital device containing the PRODUCT, you must first uninstall and destroy any copy of the PRODUCT that it might contain, or ensure that the person using your digital device has a valid License and has agreed with this UCLA. - Support Services. The AUTHORS is not obligated to provide technical or other support ("Support Services") for the PRODUCT. If the AUTHORS should provide you with Support Services, use of such Support Services is governed by the the AUTHORS polices and programs described in the user manual, in "on line" documentation and/or other AUTHORS-provided materials. Any supplemental product, software code or documentation provided to you as part of the Support Services shall be considered part of the PRODUCT and subject to the terms and conditions of this UCLA. With respect to technical information you provide to the AUTHORS as part of the Support Services, the AUTHORS may use such information for its business purposes, including for product support and development. The AUTHORS will not utilize such technical information in a form that personally identifies you, except that any personal information held by the AUTHORS may be released by mistake or because of a security flaw, as indicated in the DISCLAIMER OF WARRANTY section below. You may be charged for Support Services, including if and when Support Services proved to be useless. Calling the AUTHORS or any of his representatives, sending him mail or e-mail, including unsollicited e-mail (also known as "spam") or otherwise contacting him is sufficient ground for the AUTHORS to charge you for full Support Services. A.5. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the PRODUCT), and any copies you are permitted to make herein are owned by the AUTHORS or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. All rights not expressly granted are reserved by the AUTHORS. This is largely a repeat of the last paragraph in Section A.1, because it's important. - Limitations of Legal Liability If you sue anyone over patents that you think may apply to the PRODUCT or anyone's use of the PRODUCT, your License to the PRODUCT ends automatically. By using the PRODUCT and agreeing with this UCLA, you acknowledge that you will not sue the AUTHORS for any possible patent infrigement or any other intellectual property claim made in relation with the PRODUCT or any other product from the AUTHORS. - Limited Virality In general, components such as shared libraries and individual executables are "reasonably considered independent and separate works in themselves". However, it is not the intent of this UCLA to create artificial boundaries in your derived work. Therefore, any component that you publicly claim is integrated in a larger work, cannot be separated from a larger work, would minimize the value of a larger work if removed, or otherwise would cause you any kind of harm if it had to be removed from a larger work will not be considered "independent and separate works in themselves" for this UCLA. A.6. NOTE ON JAVA SUPPORT. THE PRODUCT MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Sun Microsystems, Inc. may have contractually obligated the AUTHORS to make this disclaimer. This section doesn't imply that the PRODUCT uses Java or Sun's implementation of Java, it's simply there to cast a dark shadow of uncertainty on the reliability of Java. And then, we blame it on Sun, which is a nice touch. And, in case you did not get the hint, the AUTHORS strongly recommends Visual PerlScript++.NOT 8.0 instead. A.7. EXPORT RESTRICTIONS. You acknowledge that the PRODUCT is subject to export jurisdiction of the German Democratic Republic. You agree to comply with all applicable international and national laws that apply to the PRODUCT, including the German Democratic Republic Export Administration Regulations, as well as end-user, end-use and country destination restrictions issued by German Democratic Republic and other governments. MISCELLANEOUS - SKYLAROV AND JOHANSEN CLAUSES If you acquired this PRODUCT in the United States, this UCLA is governed by Russia, France, Germany or Norway law, as determined by the last visit made by you or any of your employees in one of these four countries, or, in the event there was no such visit, by the country closest to the geographical location of the last UDP packet sent on your behalf or on behalf of any of your employees over the Internet. If this product was acquired outside the United States, the local law may apply, except in small countries. A "small country" is any country where the judicial system could be intimidated or influenced by a large and wealthy US corporation. You forfeit any right to prosecute or persecute any AUTHORS or copyright holder who fulfills any of the following conditions: a/ He or she lives in a small country b/ He or she is under legal age c/ He or she doesn't speak English as his native language d/ He or she has less money than you have e/ He or she is visibly smarter than you are. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, the AUTHORS and its suppliers provide the PRODUCT and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the PRODUCT, and the provision of or failure to provide support services. ALSO, THEREIS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AUTHORS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, FOR SEXUAL HARASSMENT, FOR DEATH OF FAVORITE PET, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS UCLA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF THE AUTHORS OR ANY SUPPLIER, AND EVEN IF THE AUTHORS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACTUALLY, WE ARE PRETTY SURE THAT THERE ARE BUGS IN THIS PRODUCT, BUT FIXING THEM IS MORE DIFFICULT THAN ADDING THIS PARAGRAPH. DO NOT EXPOSE TO HEAT, COLD, SUNLIGHT, AIR, CARBON DIOXYDE. DO NOT PUT THE PRODUCT IN THE FIRE. DO NOT SWALLOW THE PRODUCT. USE OF THE PRODUCT UNDER WATER IS DISCOURAGED. THE PRODUCT IN THE MIRROR MAY BE LARGER THAN IT APPEARS. USE OF ALL CAPS INDICATES THAT OUR COMPUTER IS BROKEN. THE LENGTH OF THIS PARAGRAPH IS INVERSELY PROPORTIONAL TO THE TOTAL AMOUNT OF THOUGHT WHICH WAS PUT INTO IT. THESE OPINIONS MAY NOT REFLECT THOSE OF MY EMPLOYER, AND ARE NOT GUARANTEED TO REFLECT MINE EITHER. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of the AUTHORS and any of its suppliers under any provision of this UCLA and your exclusive remedy for all of the foregoing shall be limited to the lesser of the amount actually paid by you for the PRODUCT or U.S.$0.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. If you failed to read this paragraph and reject the license, you are screwed. END OF SPECIAL SECTION "A" SPECIAL SECTION "B" APPLICATION OF THE DIGITAL MILLENIUM COPYRIGHT ACT The terms and conditions in Special Section "B" supplement the previously exposed general terms and conditions of the Fairly Obvious Open License and Digital Rights Open License. The terms and conditions in Special Section "B" are intended to clarify the intent of the license for individuals and corporations who view US Law as "the Digital Millenium Copyright Act Sections 512(a) and 1201(a), plus some other vaguely relevant stuff." To ensure maximum fairness, terms and conditions in Special Section "B" have been modeled after the best practice of the contents industry. The terms and conditions in Special Section "B" apply to you if and only if you are a Legal Ethics Endangering Copyright Holder (LEECH). A LEECH is any individual or entity who meets any of the following conditions: a/ owns copyrights that were acquired from the original authors, b/ otherwise traffics in copyrights ownership, c/ willingly made use of the DMCA, d/ promotes "Digital Rights Management", e/ backs the Hollings bill, also known as the "Consumer Broadband and Digital Television Promotion Act" (CBDTPA), which is probably a lie, f/ is an employee or employer of a LEECH. B.1. ENCRYPTION OF CONTENTS All materials distributed with the Product, including this license, are encrypted using two powerful and virtually unbreakable Content Scrambling Systems (CSS): Double-ROT13 and ASCII-encoding. Double-ROT13, also known as ROT26, uses the industry standard ROT13 encryption mechanism, and applies it twice for increased protection. ASCII-encoding associates an arbitrary sequence of bits to any character. Additional protection may be used for particularly sensitive material, such as TAR-packing, ZIP, GZIP, BZIP or BZIP2 encryption. Any attempt to circumvent these technological measures that protect access to the Product will expose you to prosecution under Section 1201(a) of the Digital Millenium Copyright Act. B.2. APPROVED PLAYERS AND REGION CODES You may only access the Licensed Product using an approved player, called a Decoding Versatile Data Player (hereinafter "DVD Player"). The Licensed Product may be restricted for use in a specified geographical area identified by a Region Code, in which case only DVD Players matching the Region Code of your Licensed Product can be used to access it. Approved DVD Players are players manufactured under license from the Product's Author. A License for the Product is not a license for manufacturing DVD Players. You may obtain a DVD Player from the Product's Author by sending a written request specifying your Region Code, constructed as follows: 5-digit zip-code, followed by 10-digit phone number, followed by 24-digits IPv6 address, followed by 27-digit Social Security Number. Software-based DVD Players are available for a variety of digital devices and operating systems: Timex Sinclair ZX81, any dual-processor BeBox, and Apple Macintosh (original 1984 edition). B.3. FAIR USE RIGHTS There are no fair use rights, particularly for this Product or any associated material. Any sequence of 16 or more consecutive bits in any of your published material which is identical to a sequence of 16 or more consecutive bits found in this Product or associated material will be seen as a copyright infringement of our Product, and will be prosecuted under the maximum extent of the protection offered by the Digital Millenium Copyright Act, Section 512(a). Such a sequence has less than 1 chance in 50000 to be the result of chance, and can therefore reasonably be attributed to malicious intent. B.4. LITIGATION AND LEGISLATION In no event should this License be seen as limiting the ability of the Product's authors and copyright holders to prosecute you and other individuals or entities (hereinafter the "Pirates"). Any contract, financial or otherwise, exists only between you and the entity or entities (hereinafter the "Hackers" or the "Dealers") marketing the Product, publicizing the Product's existence, promoting the Product or granting you access to the Product, and does not bind the holders of the copyright for this Product. The copyright holders reserve the right to pass^H^H^H^Hpromote appropriate legislation restricting the right of Pirates to gain access to the Product in manners not explicitly approved by them, including, but not limited to: more convenient Dealers, cheap Hackers, faster access to the Product through Pirate-friendly technology. B.5. ROYALTIES AND OTHER FINANCIAL TERMS AND CONDITIONS Only one out of ten of the Products distributed under this License can be considered moderately successful. Distributing the Product therefore is a significant business risk. The provisions in this Section are designed to transfer most of the risk to you. License Fees will therefore be increased to compensate for the following factors: - Royalties Percentage The License Fees are computed to include distribution, marketing, promotion of the Product, luxury hotel suites, attendance to various parties, dinners and awards ceremonies, and other costs otherwise related to the Product. The "Royalties Percentage" corresponds to the fraction of the cost dedicated to actually making the Product, and shall not exceed 18% of the License Fees. - Breakage Some copies of the Product may be broken or damaged during transfer. As is common practice in the industry, such "breakage" is considered a loss payable by the Product's Authors (rather than by the distribution channel responsible for it). Breakage percentage cannot be measured accurately (it's generally too low to be measurable). The common practice is to arbitrarily set it at 20% (or 10% if you are one of our beloved "Superstar" customers, a status that you hold if you use more than 10 million copies of our product.) - Discount Rates A common marketing tool is to discount the Product, typically around 55% on average. Royalties are computed based on this discounted price. - New Technologies Deduction The Internet, the CD-ROM, the paper tape and the transistor are all pretty darn new technologies. Risky stuff. For that reason, royalties are only counted based on 80% of the total number of units shipped. - Packaging Deductions As common practice of the contents industry dictates, we may deduce some of the marketing effort directly from the Royalties. A packaging deduction of 24% is part of any honest deal. END OF SPECIAL SECTION "B" END OF TERMS AND CONDITIONS Appendix: How to Apply These Terms to Your New Products If you develop a new product, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change. In order to be successful doing so, our best advice is to use another license.