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ventrilo license

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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