ACTIVESTATE® COMMUNITY EDITION LICENSE AGREEMENT
Version effective date: March 25, 2019
This license agreement (the “Agreement”) is made between you (either
an individual or a company or organization, not including its
affiliates or wholly owned subsidiaries) (“You”) and ActiveState
Software Inc. (“ActiveSstate”). This Agreement establishes the terms
under which ActiveState will license the Software (as defined below)
to You and establishes the terms under which You may use, copy,
modify, distribute, and/or Redistribute (as defined below) the
Software. This Agreement does not apply to Maintenance and Support,
anything Beyond Development Use, OEM Distribution (all such
capitalized terms as defined below) each of which requires a separate
agreement with ActiveState. For more information on these types of
agreements, please visit www.activestate.com. The intent of this
Agreement is to allow ActiveState to maintain control over the
development and distribution of the Software while allowing its use in
a variety of ways. If the terms and conditions of this Agreement do
not permit Your proposed use of the Software or if You require
clarification regarding the scope of Your intended use of the
Software, please contact sales@activestate.com.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE
SOFTWARE. BY CLICKING ON “YES, ACCEPT” OR BY INSTALLING THE SOFTWARE,
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A PERSON, YOUR
ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON
TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, IN WHICH CASE “YOU” OR
“YOUR” WILL REFER TO THE PERSON ON BEHALF OF WHICH YOU ACT (“YOUR
ENTITY”). IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS
AGREEMENT OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY, YOU
HAVE NO RIGHT TO INSTALL OR USE THE SOFTWARE AND YOU SHOULD (A)
RETURN, DELETE, OR DISABLE THE SOFTWARE OR (B) IF YOU PURCHASED A
PRODUCT FROM ACTIVESTATE OR ITS RESELLER OR DISTRIBUTOR ON WHICH THE
SOFTWARE IS PRE-INSTALLED BY ACTIVESTATE, RETURN THE PURCHASED PRODUCT
TO ACTIVESTATE OR THE APPLICABLE RESELLER OR DISTRIBUTOR FROM WHOM YOU
OBTAINED THE PRODUCT.
1. Definitions.
“Accessible Code” means source code contained within the Software that
is licensed under an open source license.
“Confidential Information” means all information designated in writing
as confidential by each party, or which under the circumstances of
disclosure reasonably ought to be considered as confidential. Without
limiting the foregoing, ActiveState Confidential Information includes
the Software, including all source and object code, and all associated
documentation, but not Accessible Code.
"Maintenance And Support" means maintenance and support for the
Software provided by ActiveState under separate terms.
"OEM Distribution" means any distribution to, and/or use of the
Software by, others outside Your organization and distribution and/or
use of the Software as either a bundled add-on to, or embedded
component of another application, with such application being made
available to its users as, but not limited to, an on-premises
application, a hosted application, a software-as-a-service offering or
a subscription service for which the distributor of the application
receives a license fee or any form of direct or indirect compensation
and whether for commercial or non-commercial purposes.
“Person” means any individual, sole proprietorship, partnership, firm,
entity, unincorporated association, unincorporated syndicate,
unincorporated organization, trust, body corporate or governmental or
regulatory authority, and where the context requires, any of the
foregoing when they are acting as trustee, executor, administrator or
other legal representative.
“Beyond Development Use” means any use of the Software licensed under
this Agreement beyond software development with the Software. For
greater clarity, any use of the Software licensed under this Agreement
beyond the purpose of developing, prototyping or demonstrating Your
application with the Software or by the Software are not permitted
under this license.
“Redistribute” means any distribution to, and/or use of the Software
by, others inside or outside Your organization and distribution and/or
use of the Software inside or outside Your organization.
“Software” means any of ActivePerl, ActivePython, ActiveTcl, ActiveGo,
ActiveRuby, ActiveNode, or ActiveLua software and the accompanying
materials including, but not limited to, source code, binary
executables, documentation, images and scripts, which are distributed
by ActiveState, and derivatives of that collection and/or those files.
“User Data” means all information and data collected by the Software
or otherwise transmitted by the Software to ActiveState, including any
data, metadata, metrics, statistics, or other information relating to
the performance, operations, resource, health, or other conditions of
the Software, any component thereof (including third party
components), and any related infrastructure, such as network host
names, IP addresses, interpreter used, and system architecture, which
includes filenames, full path, file size, and content hash.
“Wrapped Application” means a single-file executable in which all
binary components are encapsulated in a single binary without exposing
the base programming language as a scripting language within Your own
application program to end users.
2. License Grant.
(a) Subject to the terms and conditions of this Agreement,
ActiveState hereby grants to You a limited, worldwide,
perpetual, paid up, free-of-charge, non-exclusive,
non-transferable, non-assignable, and non-sublicensable
license to install and use the Software on any computing
device, in accordance with the limitations and restrictions
set forth in this Agreement, for research and development
purposes only. You may not use the Software Beyond Development
Use, except as provided in Section 2(b) below. You may not
use the Software for OEM Distribution. You may copy the Software
for archival purposes or as necessary to use the Software as
authorized in this section. You also may modify the
Accessible Code to develop bug fixes, customizations, or
additional features, for the sole purpose of using the Software
as authorized by this Agreement.
(b) ActiveState may, in its sole discretion, grant You the right to
use the Software Beyond Development Use and/or OEM Distribution
for limited, small-scale, non-commercial and/or open source
projects. To apply for this right, contact sales@activestate.com.
Without the prior approval of ActiveState, you may not use the
Software Beyond Development Use and/or for OEM Distribution.
3. Restrictions.
(a) Except as expressly provided in this Agreement, You may not:
(i) transfer, assign, sublicense, resell, or rent the
Software;
(ii) modify or translate the Software to discover the source
code in the Software or create a functional equivalent in
the Software;
(iii) reverse engineer, decompile, or disassemble (except as
and only to the extent this restriction is prohibited by
applicable law) the Software;
(iv) create derivative works based on the Software;
(v) merge the Software with another product;
(vi) copy the Software;
(vii) remove or obscure any proprietary rights notices or
labels on the Software;
(viii) Redistribute, without entering into a separate agreement
with ActiveState:
I. the Software as a whole, whether as a Wrapped
Application or on a standalone basis;
II. parts of the Software to create a language
distribution; or
III. the Software (other than the Accessible Code) with
Your Wrapped Application;
(ix) distribute the Software by OEM Distribution without
entering into a separate OEM Distribution agreement with
ActiveState;
(x) permit others to use the Software; or
(xi) use the Software:
I. Beyond Development Use on any computing device in
whatever form or manner, whether physical or
virtual and external or internal-facing;
II. on any operating systems other than Windows, OSX, and
Linux;
III. on computing devices used for file and/or application
serving;
IV. on any computing devices used for business continuity
and disaster recovery; or
V. to provide content or functionality through
external-facing servers or internal-facing
production servers.
4. Confidentiality.
(a) Except as reasonably required to exercise Your rights under
this Agreement, You agree to prevent any unauthorized copying,
use, distribution, installation or transfer of possession of
Confidential Information received from ActiveState (the
“ACTIVESTATE CONFIDENTIAL INFORMATION”). You do not acquire
any interest in any ActiveState Confidential Information by
reason of this Agreement. ActiveState Confidential Information
does not include any information which (i) becomes part of the
public domain through no act or omission on Your part; (ii) is
lawfully acquired by You from a third party without any breach
of confidentiality; (iii) is independently developed by You
without reference to the ActiveState Confidential Information;
or (iv) is disclosed in accordance with judicial or other
governmental order or timely disclosure requirements imposed
by law or stock exchange policies. Notwithstanding the
foregoing, either party may disclose the terms and conditions
of this Agreement in conjunction with legal proceedings.
Without limiting the generality of the foregoing, You must
take reasonable steps to prevent any personnel from removing
any proprietary or other legend or restrictive notice
contained or included in any material provided by ActiveState
to You.
(b) You acknowledge that any use or disclosure of the ActiveState
Confidential Information in a manner inconsistent with the
provisions of this Agreement may cause ActiveState irreparable
damage for which remedies other than injunctive relief may be
inadequate. You further agree that ActiveState will be
entitled to attempt to receive from a court of competent
jurisdiction injunctive or other equitable relief to restrain
such use or disclosure in addition to other appropriate
remedies.
5. Open Source Acknowledgement. The Software is comprised of open
source software, which is subject to the terms of the open source
software license(s) accompanying or otherwise applicable to that
open source software included in the Software (the “Open Source
Components”). For reference, Tcl/Tk open source license terms can
be found in Exhibit A attached to this Agreement or obtained from
this link: https://www.tcl.tk/software/tcltk/license.html. You
acknowledge that Your own distribution or deployment of instances
containing or linking to the Software, including the Open Source
Components, or any other open source software may trigger open
source license requirements for which You are responsible. Nothing
in this Agreement limits Your rights under or grants rights to You
that supersede the terms of any applicable open source software
license for the applicable Open Source Components.
6. Intellectual Property Ownership. All right, title and interest in
and to the Software and all intellectual property rights embodied
therein, including copyrights, trade names, trademarks, service
marks, product names, trade secrets embodied in the Software's
design and coding methodology and other proprietary materials in
the Software belong exclusively to ActiveState or its third party
licensors. The Software is protected by Canada and United States
copyright laws and international treaty provisions as implemented
locally in different jurisdictions. Except as specifically
provided under this Agreement, You acknowledge that no other
right, title or interest in and to the Software or any parts
thereof is granted to You. ActiveState grants You the limited
right to use the trade names, trademarks, service marks or product
names of ActiveState as required for reasonable and customary use
in describing the origin of the Software. You may not use the
trade names, trademarks, service marks or product names of
ActiveState in any way that might state or imply that ActiveState
endorses Your work, or might state or imply that You created the
Software.
7. User Data. You acknowledge, agree, and expressly consent to
ActiveState’s collection of Your User Data through the Software.
ActiveState does not claim ownership of any User Data. You hereby
grant to ActiveState and its sublicensees a royalty-free,
perpetual, irrevocable, transferable, worldwide non-exclusive
right to reproduce, analyse, review, process, diagnose, or
otherwise use the User Data (in whole or in part) for the purpose
of supporting, maintaining, and providing the Software, the
Maintenance and Support, if any, and any related services provided
by ActiveState relating to the Software (the “User Data License”).
ActiveState will not disclose the User Data to any third parties
and will only use the User Data in accordance with the User Data
License, except that ActiveState may provide Your User Data to
third parties providing services relating to the Software to
ActiveState (which will protect the User Data on terms and
conditions that are commensurate in scope with this Agreement). In
addition to the rights granted under the User Data License, You
acknowledge and agree that ActiveState has the right to (i)
publicly disclose, in any manner whatsoever, User Data that have
been anonymized; and (ii) review or analyze the User Data and
publicly disclose any results of such review or analysis,
including in the form of reports, blog posts, newsletters,
marketing materials, or otherwise, provided You will not be
identified in such publicly disclosed materials.
8. Term. This Agreement will be effective upon Your agreement to be
bound by the terms and conditions of this Agreement and will
continue in effect unless otherwise terminated in accordance with
the terms and conditions of this Agreement.
9. Termination. If You breach any term or condition of this
Agreement, ActiveState may immediately terminate this Agreement
with respect to the Software that You have licensed under this
Agreement by providing notice to You. ActiveState may also
terminate this Agreement, without any liability to You, if any
law, regulations, orders, or legal requirements prohibits
ActiveState’s provision or licensing of the Software to You. Upon
termination of this Agreement by ActiveState, You will immediately
cease all use of the Software and return all copies of the
Software that are under Your control to ActiveState or to delete
all such copies.
10. Infringement Indemnification. You indemnify, hold harmless, and
defend ActiveState, its licensors, and their respective employees,
agents and distributors against any and all claims, proceedings,
demands and costs resulting from or in any way connected with Your
use of the Software and arising from Your breach of this
Agreement; provided, however, that ActiveState will notify You in
writing of any such claim. ActiveState will not enter into any
settlement or compromise any such claim without Your prior written
consent. You will have sole control of any such action and
settlement negotiations; and ActiveState will provide You with
commercially reasonable information and assistance, at Your
request and expense, necessary to settle or defend such claim.
11. Disclaimer Of Warranty.
(a) NEITHER ACTIVESTATE NOR ANY OF ITS SUPPLIERS, LICENSORS, OR
RESELLERS MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW, ACTIVESTATE AND ITS SUPPLIERS, LICENSORS, AND
RESELLERS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR
CONDITION OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
DURABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, UPDATES, UPGRADES, SUPPLEMENTS, PRODUCTS, APPLIANCES,
SYSTEM INTEGRATION, DATA ACCURACY AND ANY OTHER ITEMS PROVIDED
HEREUNDER. ACTIVESTATE MAKES NO WARRANTY OR GUARANTEE THAT THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE,
OR VIRUS-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR
CRITERIA OF PERFORMANCE, QUALITY, ACCURACY, PURPOSE, OR NEED.
YOU ASSUME THE ENTIRE RISK OF SELECTION, INSTALLATION, AND USE
OF THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THIS AGREEMENT.
(b) TO THE EXTENT ANY IMPLIED WARRANTIES CANNOT BE DISCLAIMED
UNDER APPLICABLE LAW, ANY IMPLIED WARRANTIES ARE LIMITED IN
DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW.
(c) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A
CONSUMER, AND SO SOME OR ALL OF THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS SET OUT IN THIS SECTION MAY NOT
APPLY TO YOU.
12. Limitation Of Liability.
(a) INDEPENDENT OF THE FOREGOING PROVISIONS, TO THE MAXIMUM EXTENT
PERMITTED UNDER APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL
THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR
STRICT PRODUCTS LIABILITY, WILL ACTIVESTATE, ITS DIRECTORS,
OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS,
PRINCIPALS, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY
OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER MALFUNCTION, OR ANY OTHER KIND OF COMMERCIAL DAMAGE,
EVEN IF ACTIVESTATE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
(b) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO
EVENT WILL ACTIVESTATE BE LIABLE TO YOU FOR DAMAGES UNDER THIS
AGREEMENT FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM
OF ACTION.
13. Export Controls. You must comply with all export laws and
restrictions and regulations of Canada, the United States or
foreign agencies or authorities, and not to export or re-export
the Software or any direct product thereof in violation of any
such restrictions, laws or regulations, or without all necessary
approvals. As applicable, each party will obtain and bear all
expenses relating to any necessary licenses and/or exemptions with
respect to its own export of the Software from Canada or the U.S.
Neither the Software nor the underlying information or technology
may be electronically transmitted or otherwise exported or
re-exported: into any country subject to Canada or U.S. trade
sanctions covering the Software, to individuals or entities
controlled by such countries, or to nationals or residents of such
countries other than nationals who are lawfully admitted permanent
residents of countries not subject to such sanctions; to anyone on
Canada's Area Control List of the Export and Import Permits Act;
or to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals and Blocked Persons or the U.S. Commerce
Department's Table of Denial Orders. By installing or using the
Software, You agree to the foregoing and represent and warrant
that it complies with these conditions.
14. U.S. Government End-Users. The Software is a "commercial item," as
that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of
"commercial computer software" and "commercial computer software
documentation," as such terms are used in 48 C.F.R. 12.212 (Sept.
1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
through 227.7202-4 (June 1995), all U.S. Government End Users
acquire the Software with only those rights as are granted to
all other end users pursuant to the terms and conditions herein.
Unpublished rights are reserved under the copyright laws of Canada
and the United States.
15. Licensee Outside The U.S. If You are located outside the U.S.,
then the following provisions will apply: (a) Les parties aux
presentes confirment leur volonte que cette convention de meme que
tous les documents y compris tout avis qui siy rattache, soient
rediges en langue anglaise (translation: "The parties confirm that
this Agreement and all related documentation is and will be in the
English language."); and (b) You are responsible for complying
with any local laws in Your jurisdiction which might impact Your
right to import, export or use the Software, and You represent
that You have complied with any regulations or registration
procedures required by applicable law to make this license
enforceable.
16. Entire Agreement. This Agreement constitutes the entire
understanding of the parties with respect to the subject matter of
this Agreement and merges all prior communications,
representations, and agreements.
17. Severability. If any provision of this Agreement is declared
invalid or unenforceable, such provision will be deemed modified
to the extent necessary and possible to render it valid and
enforceable. In any event, the unenforceability or invalidity of
any provision will not affect any other provision of this
Agreement, and this Agreement will continue in full force and
effect, and be construed and enforced, as if such provision had
not been included, or had been modified as above provided, as the
case may be.
18. Entire Agreement & Amendment. This Agreement constitutes the
complete agreement between the parties and supersedes all prior or
contemporaneous agreements or representations, written or oral,
concerning the subject matter of this Agreement, appendices and
attachments. ActiveState reserves the right to change this
Agreement at any time, which change shall be effective as of the
effective date for the terms and conditions of this Agreement as
shown on ActiveState’s Website (the “Change Effective Date”). Your
continued use of the Software after the Change Effective Date
constitutes Your acceptance of such changes. This Agreement may
not be otherwise amended without ActiveState's prior written
agreement. You agree to periodically review the terms and
conditions of this Agreement as updated from time to time on
ActiveState’s website.
19. Arbitration. Except for actions to protect intellectual property
rights and to enforce an arbitrator's decision hereunder, all
disputes, controversies, or claims arising out of or relating to
this Agreement or a breach thereof will be submitted to and be
finally resolved by arbitration under the rules of the American
Arbitration Association ("AAA") then in effect. There will be one
arbitrator, and such arbitrator will be chosen by mutual agreement
of the parties in accordance with AAA rules. The arbitration will
take place in Vancouver, BC, Canada, and may be conducted by
telephone or online. The arbitrator will apply the laws of the
Province of British Columbia, Canada to all issues in dispute. The
controversy or claim will be arbitrated on an individual basis,
and will not be consolidated in any arbitration with any claim or
controversy of any other party. The findings of the arbitrator
will be final and binding on the parties, and may be entered in
any court of competent jurisdiction for enforcement. Enforcements
of any award or judgment will be governed by the United Nations
Convention on the Recognition and Enforcement of Foreign Arbitral
Awards. Should either party file an action contrary to this
provision, the other party may recover legal fees and costs up to
$1,000.00.
20. Jurisdiction And Venue. The superior courts of Vancouver in the
Province of British Columbia, Canada will be the exclusive
jurisdiction and venue for all legal proceedings that are not
arbitrated under this Agreement.
21. Force Majeure. Neither party will be liable for damages for any
delay or failure of delivery arising out of causes beyond their
reasonable control and without their fault or negligence,
including, but not limited to, Acts of God, acts of civil or
military authority, fires, riots, wars, embargoes, Internet
disruptions, hacker attacks, or communications failures.
Notwithstanding anything to the contrary contained herein, if
either party is unable to perform hereunder for a period of
thirty (30) consecutive days, then the other party may terminate
this Agreement immediately without liability by ten (10) days’
written notice to the other.
22. Publicity And Audit Rights.
(a) You grant ActiveState the right to include Your name, trade
name, trademark, service mark or logo in its Software
promotional material. You may retract this grant at any time
in writing to marcom@activestate.com, requesting Your name,
trade name, trademark, service mark or logo be excluded from
future releases of ActiveState Software promotional material.
Requests cannot be complied with retroactively and may require
up to thirty (30) days to process.
(b) If You entered into this Agreement on behalf of a Person,
where such Person has more than 100 employees, if requested by
ActiveState, You will furnish ActiveState with a signed
certification (i) verifying that the Software is being used
pursuant to the terms of this Agreement, including any user
limitations and (ii) listing the locations where the Software
is being used, the version(s) of the Software being used, how
long and how the Software is being used, and the number
computing devices and operating systems the Software is being
used with. You agree to grant ActiveState reasonable access to
Your site(s) and/or systems, upon prior notice during normal
business hours, to audit the use of the Software. Any such
audit shall be at ActiveState’s expense.
23. Assignment. Except as expressly provided herein, neither this
Agreement nor any rights granted hereunder, nor the use of any of
the Software may be assigned, or otherwise transferred, in whole
or in part, by You, without the prior written consent of
ActiveState. Any permitted assignment by You under this Section
will be conditional upon You delivering all copies of the Software
to the transferee along with a copy of this Agreement, the
transferee accepting the terms and conditions of this Agreement,
and Your license to the Software terminating upon transfer. Any
attempted assignment by You will be void and of no effect unless
permitted by the foregoing. You acknowledge and agree that
ActiveState may assign this Agreement to any third party without
Your prior consent.
24. Enurement. This Agreement will enure to the benefit of the
parties’ permitted successors and assigns.
25. Governing Law. This Agreement will be construed under the laws of
the Province of British Columbia and the federal laws of Canada
applicable therein, without regard to the conflict of law rules.
The application of the United Nations Convention of Contracts for
the International Sale of Goods and any local implementations
thereof are expressly excluded. The parties agree that the Uniform
Computer
Transactions Act or any version thereof, adopted by any jurisdiction,
in any form ("UCITA"), will not apply to this Agreement, and to the
extent that UCITA may be applicable, the parties agree to opt out of
the applicability of UCITA pursuant to the opt-out provision(s)
contained therein.
EXHIBIT A
Tcl/tk License Terms
This software is copyrighted by the Regents of the University of
California, Sun Microsystems, Inc., Scriptics Corporation, and other
parties. The following terms apply to all files associated with the
software unless explicitly disclaimed in individual files.
The authors hereby grant permission to use, copy, modify, distribute,
and license this software and its documentation for any purpose,
provided that existing copyright notices are retained in all copies
and that this notice is included verbatim in any distributions. No
written agreement, license, or royalty fee is required for any of the
authorized uses. Modifications to this software may be copyrighted by
their authors and need not follow the licensing terms described here,
provided that the new terms are clearly indicated on the first page of
each file where they apply.
IN NO EVENT SHALL THE AUTHORS OR DISTRIBUTORS BE LIABLE TO ANY PARTY
FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF THIS SOFTWARE, ITS DOCUMENTATION, OR ANY
DERIVATIVES THEREOF, EVEN IF THE AUTHORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
THE AUTHORS AND DISTRIBUTORS SPECIFICALLY DISCLAIM ANY WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, AND
THE AUTHORS AND DISTRIBUTORS HAVE NO OBLIGATION TO PROVIDE
MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.
GOVERNMENT USE: If you are acquiring this software on behalf of the
U.S. government, the Government shall have only "Restricted Rights"
in the software and related documentation as defined in the Federal
Acquisition Regulations (FARs) in Clause 52.227.19 (c) (2). If you
are acquiring the software on behalf of the Department of Defense,
the software shall be classified as "Commercial Computer Software"
and the Government shall have only "Restricted Rights" as defined
in Clause 252.227-7013 (c)(1) of DFARs. Notwithstanding the foregoing,
the authors grant the U.S. Government and others acting in its behalf
permission to use and distribute the software in accordance with the
terms specified in this license.