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ventrilo license

1 vapier 1.1 Computer Software License Agreement
2    
3     Flagship Industries, Inc.
4     P.O. Box 198
5     Maryville, Illinois 62062
6    
7     This is a computer software license agreement entered into
8     between Flagship Industries, Inc. ("Flagship") and
9     ________________________________ ("User") for the use of Ventrilo
10     2.0 Software, an internet-based communication software. Flagship
11     hereby grants to the User a non-exclusive license to use the
12     software in accordance with the terms of this agreement. As
13     consideration for said license, the User agrees as follows:
14    
15     1. Reservation of rights. All rights not expressly granted to
16     the User by this License Agreement are reserved by Flagship.
17    
18     2. Disassembly. The User understands and agrees that it shall
19     not copy the program into any machine-readable or printed form,
20     except for archival or for back-up purposed in accordance with
21     the terms of this Agreement. The User will not reverse engineer,
22     decompile, disassemble, translate, merge into another computer
23     program or otherwise modify the software.
24    
25     3. Transfer of software. The User will not sublicense, assign,
26     or transfer the license, the software, or any rights under this
27     Agreement without the prior written consent of Flagship.
28    
29     4. Non-disclosure. The User, its employees and agents will
30     hold the software in trust and confidence and shall not disclose
31     the source code or other confidential information received
32     through use of the software.
33    
34     5. Fees. A corporation or home user may use the software to
35     host its own server, without a fee, provided it does not charge
36     for its use directly or indirectly. Any home server, business,
37     or corporation that charges for use of its server, directly or
38     indirectly, shall be subject to licensing fees. Inclusion of a
39     Ventrilo server as part of any rental or membership package shall
40     be subject to a licensing fee which is calculated for servers
41     which are configured to handle a maximum number of clients at any
42     one time ("Maxclients") as US$0.10 multiplied by the number of
43     servers multiplied by the number of Maxclients per server
44     utilizing the Ventrilo software.
45    
46     As of the date of signing this Agreement User has _____ servers
47     each configured for _____________ Maxclients, resulting in an
48     initial licensing fee of US$__________________. User shall
49     immediately report to Flagship any change in the number of
50     servers or Maxclients in its system and its MONTHLY fee shall be
51     adjusted accordingly at the beginning of the next month.
52    
53     6. Updates and new versions. In the event that updates or new
54     versions of the software are developed, Licensor may at its
55     discretion, make updates and new versions available to the User
56     upon payment of a fee. Flagship may require the return of the
57     original software to Flagship, or require that the User
58     discontinue use of older versions of the software. If software
59     is updated and made available to the User, the User may use the
60     update only in accordance with the terms and conditions of this
61     Agreement.
62    
63     7. This Agreement is effective upon opening of the software
64     package, or its initial use if downloaded, and shall continue,
65     unless terminated earlier in accordance with the terms herein.
66     The User may terminate this Agreement at any time by returning
67     the software and all copies and extracts therefrom to Flagship.
68    
69     8. Limited Warranty; Limitation of liability. Flagship
70     warrants only that the software shall perform substantially in
71     accordance with accompanying documentation under normal use for
72     the period the license is valid. The entire and exclusive
73     liability and remedy for breach of this Limited Warranty shall
74     be, at Flagship's discretion, either (1) refund the used portion
75     of any prepaid fee after notifying Flagship of a material defect
76     or (2) electronically update defective software with corrected
77     software to eliminate a defect. The User shall assume
78     responsibility for the selection of the software and for the
79     installation, use, and results obtained from the software. The
80     entire risk as to the quality and performance of the software is
81     borne by the User.
82     FLAGSHIP EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, NON-
83     INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
84     PURPOSE. THERE IS NO WARRANTY OR GUARANTEE THAT THE OPERATION OF
85     THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR
86     THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF
87     PERFORMANCE OR QUALITY EXCEPT AS EXPRESSLY PROVIDED IN THE
88     LIMITED WARRANTY.
89    
90     No action for the above Limited Warranty may be commenced after
91     one (1) year following the expiration date of the warranty. IF
92     IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAY,
93     THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY
94     (90) DAYS FROM THE DATE THE SOFTWARE IN QUESTION WAS FIRST
95     SUPPLIED TO CUSTOMER. If a limitation is not allowed, the above
96     limitation may not apply to the User.
97    
98     9. Jurisdiction and Venue. This Agreement and the terms herein
99     shall be governed by the laws of the state of Illinois. All
100     disputes hereunder shall be resolved in Madison County, Illinois.
101    
102     10. Miscellaneous. This Agreement constitutes the entire
103     understanding of the parties, and merges all prior
104     communications, representations, and agreements. This Agreement
105     may be modified only by a written agreement signed by both
106     parties. If any provision of this Agreement is held invalid or
107     unenforceable for any reason, such invalidity of unenforceability
108     shall not affect any of the remaining provisions of this
109     Agreement.
110    
111     Agreed this _____ day of __________________, 20____.
112    
113     FLAGSHIP INDUSTRIES, INC. USER
114    
115    
116     By: __________________________ By:__________________________
117     Brian Knapp, President
118    
119    
120     __________________________
121     (Print Name)
122    
123    
124     __________________________
125     (Address)
126    
127    
128     __________________________

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