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The C.A.P.S. license

1 C.A.P.S. - The Classic Amiga Preservation Society
2 Freeware License Agreement (License, Copyright and Terms of Use)
3
4
5 ATTENTION: READ CAREFULLY: By using, copying, or distributing the
6 accompanying software you indicate your acceptance of the following
7 C.A.P.S. Freeware License Agreement ("Agreement").
8
9
10 PREAMBLE
11
12 The C.A.P.S. philosophy dictates that the technology associated with
13 allowing floppy disk based computer games (C.A.P.S. is not just an
14 Amiga focused organisation, even though it started out that way) to be
15 contained in a preservable form should be provided for free (free as
16 in "free beer"). No profit whatsoever should be made as a result of
17 this technology with exception of the original copyright holders.
18
19 This license enforces this philosophy. It protects against misuse of
20 a technology that has been a long time in development and is provided
21 to the Amiga community or anyone else who would like to use it. It also
22 intends to protect C.A.P.S. itself from possible legal liability.
23
24 The C.A.P.S. software should be thought of as an "enabler", a form of
25 distribution. It is just as a ZIP file, just as an ADF file, just as
26 your favourite writable CDROM brand. The data or content held by these
27 files or media is entirely the responsibility of you, the user. If you
28 do not own the product content then you are likely to be breaking the
29 license of the content provider or copyright owner. Ultimately, the
30 C.A.P.S. technology is just an abstract digital recording medium.
31
32 You may notice that this license is very strict in pursuit of getting
33 it into the hands of people who wish to use it for free. You cannot
34 charge to give it to somebody, not even for media costs. You cannot
35 have it on a CDROM that is distributed for payment. You cannot use
36 it as part of providing a service that receives payment in any form.
37
38 The only exception where the C.A.P.S. technology may be possibly used
39 with payment is by an original copyright holder (or appointed body).
40 They can of course contact C.A.P.S. for a special license for games
41 they own so long as proof of ownership is provided and such a license
42 will be restricted to these games. This special license will of course
43 be provided completely for free.
44
45 Infringement of any of the terms of this license is breaching
46 international copyright laws, but it also hurts the communities
47 benefiting from the technology by risking its future improvement
48 and availability.
49
50 This license was not produced for the fun of it, you should note that
51 only those who could possibly financially or otherwise benefit from the
52 product are being restricted. Free use (as a user) is not limited, it
53 is absolutely free and will stay free forever.
54
55 If you do not agree with any of the terms in this license for the
56 Technology then you are obviously free to choose not to use it.
57
58 The latest version of this license and libraries can be found on our
59 site: http://www.caps-project.org.
60
61 It is very easy to comply with this license: Do not sell, modify or
62 abuse the software or images. That's it. Everything else mentioned is
63 here for those who may not understand these very simple rules. :)
64
65
66 1. CLARIFICATION. The software product and accompanying documentation
67 (the program's object code and documentation are collectively
68 referred to as the "Technology") is a technology and does not imply
69 any restrictions, warranty, license, obligation or any other link or
70 association with what it may contain (the data encapsulated by the
71 Technology is referred to as the "Content").
72
73 Unless otherwise noted, The Classic Amiga Preservation Society
74 ("C.A.P.S.") does not hold the copyright of the "Content", the data
75 being reproduced, preserved, represented using the Technology. All
76 copyright of Content provided using the Technology is held by its
77 respective owners. Terms and conditions may apply to the Content
78 that do not affect whatsoever the license agreement provided with
79 the Technology.
80
81
82 2. LICENSE. C.A.P.S. hereby grants you (each licensee is addressed as
83 "you") a non-exclusive, transferable license to use the Technology
84 on the following terms and only for non-profit purposes (see Section
85 3 below). You may:
86
87 a. use the Technology on any computer in your possession;
88
89 b. make copies of the Technology; and
90
91 c. distribute the Technology (subject to the requirements of Section
92 3 and 4) only in the form originally furnished by C.A.P.S. with no
93 modifications whatsoever. However, the Technology may be distributed
94 as part of another software product provided that the particular
95 distribution that contains the Technology is provided for non-profit
96 purposes as defined in Section 3 below. Making or distributing any
97 for-profit distributions, versions, revisions or releases of said
98 software product that contains the Technology is prohibited.
99
100
101 3. LIMITATIONS ON LICENSE. The license granted in Section 2 is subject
102 to the following restrictions:
103
104 a. The Technology is to be used only for non-profit purposes unless
105 you obtain prior written consent from C.A.P.S. Prohibited for-profit
106 and commercial purposes include, but are not limited to:
107
108 (i) Selling, licensing or renting the Technology to third parties
109 for a fee (by payment of money or otherwise, whether direct or
110 indirect);
111
112 (ii) Using the Technology to provide services or products to others
113 for which you are compensated in any manner (by payment of money
114 or otherwise, whether direct or indirect), including, without
115 limitation, providing support or maintenance for the Technology;
116
117 (iii) Distribution or use from which any form of income is received
118 regardless of profits therefrom, or from which any revenue or
119 promotional value is received, as well as any distribution to or
120 use in a corporate environment. Use of the Technology to promote
121 or support a commercial venture is included in this restriction.
122
123 (iv) Using the Technology to develop a similar application on any
124 platform for commercial distribution; or
125
126 (v) Using the Technology in any manner that is generally
127 competitive with a C.A.P.S. product as defined by C.A.P.S.
128
129 b. Media costs associated with the distribution of the Technology may
130 not be recovered. You shall use your best efforts to promptly notify
131 C.A.P.S. upon learning of any violation of the above commercial
132 restrictions.
133
134 c. On each copy of the Technology you must conspicuously and
135 appropriately reproduce this license, copyright notice, and
136 disclaimer of warranty; keep intact this Agreement and all notices
137 that refer to this Agreement or any absence of warranty (whether
138 written or interactively displayed); and give any other recipients
139 of the Technology a copy of this Agreement.
140
141 d. You may not modify, combine commercial applications with, or
142 otherwise prepare derivative works of the Technology. Derivative
143 works are defined as but not limited to:
144
145 (i) Alternative support libraries. We are open to porting to other
146 platforms, and so third parties doing such is unnecessary and
147 violates the terms of this license.
148
149 (ii) Alternative tools that operate on files of the format as
150 defined by the Technology. This includes but is not limited to:
151 mastering tools (tools that enable Content to be written back to
152 physical media like a floppy disk). Reproducing Content provided
153 through or by the Technology to any other kind of media, such as
154 alternative content provider technology (this also covers any kind
155 of converter with the intention of extracting the Content to held
156 by any other alternate media format that represents the same
157 independently working Content). Additions, removals or other
158 modification of data contained by the images.
159
160 e. C.A.P.S., in its sole and absolute discretion, may have included
161 a portion of the source code or online documentation of the
162 Technology. Except for any such portions, you shall not REVERSE
163 ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE ANY PORTION OF
164 THE TECHNOLOGY TO ANY HUMAN PERCEIVABLE FORM, except to the extent
165 this restriction is prohibited by applicable law.
166
167 f. Commercial software (as defined in this section 3) may not
168 contain any part of the Technology except for that part that is
169 defined as the "access API" (the header files that allow interaction
170 with the library itself, this is available separately from our site
171 and has its own license). This interface to the Technology "library"
172 is provided is by us to enable the users of the commercial software
173 to benefit from the Technology and still let the commercial software
174 comply with this license. In this way, the Technology itself need
175 not (and should not) be distributed with a commercial product. The
176 user should be advised that he can obtain this missing "plugin" from
177 the C.A.P.S. site and that it comes with its own license that is not
178 affected in any way by the license covering the commercial product.
179 This otherwise does not effect the assertion that the Technology may
180 not be used by commercial software as defined by this section 3.
181
182 g. No distribution may include the totality or part of the
183 Technology (including the Content encapsulated by the technology),
184 changed, unchanged, encrypted, archived, in whatever form, unless
185 according to the Licence or special agreement with C.A.P.S. This
186 Technology, including Content must never be found on any paid-for
187 medium.
188
189
190 4. DISTRIBUTION: As used in this Agreement, the term "distribute" (and
191 its variants) includes making the Technology available (either
192 intentionally or unintentionally) to third parties for copying or
193 use, including providing timeshare access. Each time you distribute
194 the Technology, the recipient must expressly agree to comply with
195 these terms and conditions. The recipient automatically receives
196 this license to use, copy, or distribute the Technology subject to
197 these terms and conditions. You may not impose any further
198 restrictions on the recipients' exercise of the rights granted
199 herein. You are not responsible for enforcing compliance with this
200 Agreement by recipients.
201
202
203 5. TITLE. Title, ownership rights, and intellectual property rights in
204 and to the Technology, and each copy thereof (including all
205 copyrights therein), shall remain in C.A.P.S. The Technology is
206 protected by international copyright treaties.
207
208
209 6. NO C.A.P.S. OBLIGATION. You are solely responsible for all of your
210 costs and expenses incurred in connection with the distribution of
211 the Technology, and C.A.P.S. shall have no liability, obligation or
212 responsibility therefor. C.A.P.S. shall have no obligation to
213 provide maintenance, support, upgrades or new releases to you or
214 to any distributee of the Technology.
215
216
217 7. NO WARRANTY. THE SOFTWARE IS LICENSED FREE OF CHARGE, AND THERE IS
218 NO WARRANTY FOR THE TECHNOLOGY. C.A.P.S. PROVIDES THE TECHNOLOGY
219 "AS IS," AND C.A.P.S., AND ALL OTHER PERSONS WHO HAVE BEEN INVOLVED
220 IN THE CREATION, PRODUCTION, OR DELIVERY OF THE TECHNOLOGY, DISCLAIM
221 ALL CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED,
222 STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY
223 CONDITIONS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY
224 QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO
225 THE RESULTS, QUALITY AND PERFORMANCE OF THE TECHNOLOGY IS WITH YOU
226 AND YOUR DISTRIBUTEES. SHOULD THE TECHNOLOGY PROVE DEFECTIVE, YOU
227 AND YOUR DISTRIBUTEES (AND NOT C.A.P.S.) ASSUME THE COST OF ALL
228 NECESSARY SERVICING, REPAIR OR CORRECTION. C.A.P.S. MAKES NO
229 WARRANTY OF NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF
230 THIRD PARTIES.
231
232
233 8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
234 THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL C.A.P.S., OR ANY OTHER
235 PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR
236 DELIVERY OF THE TECHNOLOGY BE LIABLE TO YOU OR ANY OTHER PERSON FOR
237 ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
238 OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THIS AGREEMENT OR
239 THE USE OF OR INABILITY TO USE THE TECHNOLOGY, INCLUDING BUT NOT
240 LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, LOSS OF DATA, OUTPUT
241 FROM THE TECHNOLOGY OR DATA BEING RENDERED INACCURATE, FAILURE OF
242 THE TECHNOLOGY TO OPERATE WITH ANY OTHER PROGRAMS, DAMAGES FOR LOSS
243 OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION,
244 OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF
245 C.A.P.S. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
246
247
248 9. INDEMNIFICATION. You and your distributees shall defend, indemnify
249 and hold harmless C.A.P.S., and all other persons who have been
250 involved in the creation, production, or delivery of the Technology,
251 from any claim, demand, liability, damage award, suit, judgement, or
252 other legal action (including reasonable attorney's fees) arising
253 out of your use, distribution, modification, or duplication of the
254 Technology.
255
256
257 10 TERMINATION. The license granted hereunder is effective until
258 terminated by C.A.P.S.. You may terminate it at any time by
259 destroying the Technology. This license will terminate automatically
260 if you fail to comply with the limitations described above. On
261 termination, you must destroy all copies of the Technology. The
262 termination of your license will not result in the termination of
263 the licenses of any distributees who have received rights to the
264 Technology through you so long as they are in compliance with the
265 provisions of this Agreement.
266
267
268 11. MISCELLANEOUS. This Agreement represents the complete agreement
269 concerning this license between the parties and supersedes all
270 prior agreements and representations between them. It may not be
271 amended. If any provision of this Agreement is held to be
272 unenforceable for any reason, this Agreement shall terminate.
273
274 The most current version of this license is kept on the C.A.P.S.
275 web site. Due notice shall be given if ever the license changes,
276 then all versions of the Technology will be constrained by the
277 newer license.
278
279 Anything else not covered by this agreement must be agreed with
280 us before any action can be taken by any party.
281
282 Address all correspondence regarding this license to:
283
284 C.A.P.S.
285 license@caps-project.org
286
287
288 Copyright and Trademark Notices:
289 --------------------------------
290 The Technology is Copyright (c) C.A.P.S. 2003. All rights reserved.
291 The documentation and all computer files are also Copyright
292 (c) C.A.P.S. 2003. All rights reserved. These rights include but are
293 not limited to any foreign language translations of the documentation
294 or the Technology, and all derivative works of both. All other
295 trademarks are the property of their respective owners.
296
297
298 C.A.P.S.
299 The Classic Amiga Preservation Society
300 http://www.caps-project.org

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