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authorV3n3RiX <venerix@redcorelinux.org>2017-10-09 18:53:29 +0100
committerV3n3RiX <venerix@redcorelinux.org>2017-10-09 18:53:29 +0100
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+C.A.P.S. - The Classic Amiga Preservation Society
+Freeware License Agreement (License, Copyright and Terms of Use)
+
+
+ATTENTION: READ CAREFULLY: By using, copying, or distributing the
+accompanying software you indicate your acceptance of the following
+C.A.P.S. Freeware License Agreement ("Agreement").
+
+
+PREAMBLE
+
+The C.A.P.S. philosophy dictates that the technology associated with
+allowing floppy disk based computer games (C.A.P.S. is not just an
+Amiga focused organisation, even though it started out that way) to be
+contained in a preservable form should be provided for free (free as
+in "free beer"). No profit whatsoever should be made as a result of
+this technology with exception of the original copyright holders.
+
+This license enforces this philosophy. It protects against misuse of
+a technology that has been a long time in development and is provided
+to the Amiga community or anyone else who would like to use it. It also
+intends to protect C.A.P.S. itself from possible legal liability.
+
+The C.A.P.S. software should be thought of as an "enabler", a form of
+distribution. It is just as a ZIP file, just as an ADF file, just as
+your favourite writable CDROM brand. The data or content held by these
+files or media is entirely the responsibility of you, the user. If you
+do not own the product content then you are likely to be breaking the
+license of the content provider or copyright owner. Ultimately, the
+C.A.P.S. technology is just an abstract digital recording medium.
+
+You may notice that this license is very strict in pursuit of getting
+it into the hands of people who wish to use it for free. You cannot
+charge to give it to somebody, not even for media costs. You cannot
+have it on a CDROM that is distributed for payment. You cannot use
+it as part of providing a service that receives payment in any form.
+
+The only exception where the C.A.P.S. technology may be possibly used
+with payment is by an original copyright holder (or appointed body).
+They can of course contact C.A.P.S. for a special license for games
+they own so long as proof of ownership is provided and such a license
+will be restricted to these games. This special license will of course
+be provided completely for free.
+
+Infringement of any of the terms of this license is breaching
+international copyright laws, but it also hurts the communities
+benefiting from the technology by risking its future improvement
+and availability.
+
+This license was not produced for the fun of it, you should note that
+only those who could possibly financially or otherwise benefit from the
+product are being restricted. Free use (as a user) is not limited, it
+is absolutely free and will stay free forever.
+
+If you do not agree with any of the terms in this license for the
+Technology then you are obviously free to choose not to use it.
+
+The latest version of this license and libraries can be found on our
+site: http://www.caps-project.org.
+
+It is very easy to comply with this license: Do not sell, modify or
+abuse the software or images. That's it. Everything else mentioned is
+here for those who may not understand these very simple rules. :)
+
+
+1. CLARIFICATION. The software product and accompanying documentation
+ (the program's object code and documentation are collectively
+ referred to as the "Technology") is a technology and does not imply
+ any restrictions, warranty, license, obligation or any other link or
+ association with what it may contain (the data encapsulated by the
+ Technology is referred to as the "Content").
+
+ Unless otherwise noted, The Classic Amiga Preservation Society
+ ("C.A.P.S.") does not hold the copyright of the "Content", the data
+ being reproduced, preserved, represented using the Technology. All
+ copyright of Content provided using the Technology is held by its
+ respective owners. Terms and conditions may apply to the Content
+ that do not affect whatsoever the license agreement provided with
+ the Technology.
+
+
+2. LICENSE. C.A.P.S. hereby grants you (each licensee is addressed as
+ "you") a non-exclusive, transferable license to use the Technology
+ on the following terms and only for non-profit purposes (see Section
+ 3 below). You may:
+
+ a. use the Technology on any computer in your possession;
+
+ b. make copies of the Technology; and
+
+ c. distribute the Technology (subject to the requirements of Section
+ 3 and 4) only in the form originally furnished by C.A.P.S. with no
+ modifications whatsoever. However, the Technology may be distributed
+ as part of another software product provided that the particular
+ distribution that contains the Technology is provided for non-profit
+ purposes as defined in Section 3 below. Making or distributing any
+ for-profit distributions, versions, revisions or releases of said
+ software product that contains the Technology is prohibited.
+
+
+3. LIMITATIONS ON LICENSE. The license granted in Section 2 is subject
+ to the following restrictions:
+
+ a. The Technology is to be used only for non-profit purposes unless
+ you obtain prior written consent from C.A.P.S. Prohibited for-profit
+ and commercial purposes include, but are not limited to:
+
+ (i) Selling, licensing or renting the Technology to third parties
+ for a fee (by payment of money or otherwise, whether direct or
+ indirect);
+
+ (ii) Using the Technology to provide services or products to others
+ for which you are compensated in any manner (by payment of money
+ or otherwise, whether direct or indirect), including, without
+ limitation, providing support or maintenance for the Technology;
+
+ (iii) Distribution or use from which any form of income is received
+ regardless of profits therefrom, or from which any revenue or
+ promotional value is received, as well as any distribution to or
+ use in a corporate environment. Use of the Technology to promote
+ or support a commercial venture is included in this restriction.
+
+ (iv) Using the Technology to develop a similar application on any
+ platform for commercial distribution; or
+
+ (v) Using the Technology in any manner that is generally
+ competitive with a C.A.P.S. product as defined by C.A.P.S.
+
+ b. Media costs associated with the distribution of the Technology may
+ not be recovered. You shall use your best efforts to promptly notify
+ C.A.P.S. upon learning of any violation of the above commercial
+ restrictions.
+
+ c. On each copy of the Technology you must conspicuously and
+ appropriately reproduce this license, copyright notice, and
+ disclaimer of warranty; keep intact this Agreement and all notices
+ that refer to this Agreement or any absence of warranty (whether
+ written or interactively displayed); and give any other recipients
+ of the Technology a copy of this Agreement.
+
+ d. You may not modify, combine commercial applications with, or
+ otherwise prepare derivative works of the Technology. Derivative
+ works are defined as but not limited to:
+
+ (i) Alternative support libraries. We are open to porting to other
+ platforms, and so third parties doing such is unnecessary and
+ violates the terms of this license.
+
+ (ii) Alternative tools that operate on files of the format as
+ defined by the Technology. This includes but is not limited to:
+ mastering tools (tools that enable Content to be written back to
+ physical media like a floppy disk). Reproducing Content provided
+ through or by the Technology to any other kind of media, such as
+ alternative content provider technology (this also covers any kind
+ of converter with the intention of extracting the Content to held
+ by any other alternate media format that represents the same
+ independently working Content). Additions, removals or other
+ modification of data contained by the images.
+
+ e. C.A.P.S., in its sole and absolute discretion, may have included
+ a portion of the source code or online documentation of the
+ Technology. Except for any such portions, you shall not REVERSE
+ ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE ANY PORTION OF
+ THE TECHNOLOGY TO ANY HUMAN PERCEIVABLE FORM, except to the extent
+ this restriction is prohibited by applicable law.
+
+ f. Commercial software (as defined in this section 3) may not
+ contain any part of the Technology except for that part that is
+ defined as the "access API" (the header files that allow interaction
+ with the library itself, this is available separately from our site
+ and has its own license). This interface to the Technology "library"
+ is provided is by us to enable the users of the commercial software
+ to benefit from the Technology and still let the commercial software
+ comply with this license. In this way, the Technology itself need
+ not (and should not) be distributed with a commercial product. The
+ user should be advised that he can obtain this missing "plugin" from
+ the C.A.P.S. site and that it comes with its own license that is not
+ affected in any way by the license covering the commercial product.
+ This otherwise does not effect the assertion that the Technology may
+ not be used by commercial software as defined by this section 3.
+
+ g. No distribution may include the totality or part of the
+ Technology (including the Content encapsulated by the technology),
+ changed, unchanged, encrypted, archived, in whatever form, unless
+ according to the Licence or special agreement with C.A.P.S. This
+ Technology, including Content must never be found on any paid-for
+ medium.
+
+
+4. DISTRIBUTION: As used in this Agreement, the term "distribute" (and
+ its variants) includes making the Technology available (either
+ intentionally or unintentionally) to third parties for copying or
+ use, including providing timeshare access. Each time you distribute
+ the Technology, the recipient must expressly agree to comply with
+ these terms and conditions. The recipient automatically receives
+ this license to use, copy, or distribute the Technology 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 with this
+ Agreement by recipients.
+
+
+5. TITLE. Title, ownership rights, and intellectual property rights in
+ and to the Technology, and each copy thereof (including all
+ copyrights therein), shall remain in C.A.P.S. The Technology is
+ protected by international copyright treaties.
+
+
+6. NO C.A.P.S. OBLIGATION. You are solely responsible for all of your
+ costs and expenses incurred in connection with the distribution of
+ the Technology, and C.A.P.S. shall have no liability, obligation or
+ responsibility therefor. C.A.P.S. shall have no obligation to
+ provide maintenance, support, upgrades or new releases to you or
+ to any distributee of the Technology.
+
+
+7. NO WARRANTY. THE SOFTWARE IS LICENSED FREE OF CHARGE, AND THERE IS
+ NO WARRANTY FOR THE TECHNOLOGY. C.A.P.S. PROVIDES THE TECHNOLOGY
+ "AS IS," AND C.A.P.S., AND ALL OTHER PERSONS WHO HAVE BEEN INVOLVED
+ IN THE CREATION, PRODUCTION, OR DELIVERY OF THE TECHNOLOGY, DISCLAIM
+ ALL CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED,
+ STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY
+ CONDITIONS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY
+ QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO
+ THE RESULTS, QUALITY AND PERFORMANCE OF THE TECHNOLOGY IS WITH YOU
+ AND YOUR DISTRIBUTEES. SHOULD THE TECHNOLOGY PROVE DEFECTIVE, YOU
+ AND YOUR DISTRIBUTEES (AND NOT C.A.P.S.) ASSUME THE COST OF ALL
+ NECESSARY SERVICING, REPAIR OR CORRECTION. C.A.P.S. MAKES NO
+ WARRANTY OF NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF
+ THIRD PARTIES.
+
+
+8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
+ THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL C.A.P.S., OR ANY OTHER
+ PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR
+ DELIVERY OF THE TECHNOLOGY BE LIABLE TO YOU OR ANY OTHER PERSON FOR
+ ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
+ OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THIS AGREEMENT OR
+ THE USE OF OR INABILITY TO USE THE TECHNOLOGY, INCLUDING BUT NOT
+ LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, LOSS OF DATA, OUTPUT
+ FROM THE TECHNOLOGY OR DATA BEING RENDERED INACCURATE, FAILURE OF
+ THE TECHNOLOGY TO OPERATE WITH ANY OTHER PROGRAMS, DAMAGES FOR LOSS
+ OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION,
+ OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF
+ C.A.P.S. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
+
+
+9. INDEMNIFICATION. You and your distributees shall defend, indemnify
+ and hold harmless C.A.P.S., and all other persons who have been
+ involved in the creation, production, or delivery of the Technology,
+ from any claim, demand, liability, damage award, suit, judgement, or
+ other legal action (including reasonable attorney's fees) arising
+ out of your use, distribution, modification, or duplication of the
+ Technology.
+
+
+10 TERMINATION. The license granted hereunder is effective until
+ terminated by C.A.P.S.. You may terminate it at any time by
+ destroying the Technology. This license will terminate automatically
+ if you fail to comply with the limitations described above. On
+ termination, you must destroy all copies of the Technology. The
+ termination of your license will not result in the termination of
+ the licenses of any distributees who have received rights to the
+ Technology through you so long as they are in compliance with the
+ provisions of this Agreement.
+
+
+11. MISCELLANEOUS. This Agreement represents the complete agreement
+ concerning this license between the parties and supersedes all
+ prior agreements and representations between them. It may not be
+ amended. If any provision of this Agreement is held to be
+ unenforceable for any reason, this Agreement shall terminate.
+
+ The most current version of this license is kept on the C.A.P.S.
+ web site. Due notice shall be given if ever the license changes,
+ then all versions of the Technology will be constrained by the
+ newer license.
+
+ Anything else not covered by this agreement must be agreed with
+ us before any action can be taken by any party.
+
+ Address all correspondence regarding this license to:
+
+ C.A.P.S.
+ license@caps-project.org
+
+
+Copyright and Trademark Notices:
+--------------------------------
+The Technology is Copyright (c) C.A.P.S. 2003. All rights reserved.
+The documentation and all computer files are also Copyright
+(c) C.A.P.S. 2003. All rights reserved. These rights include but are
+not limited to any foreign language translations of the documentation
+or the Technology, and all derivative works of both. All other
+trademarks are the property of their respective owners.
+
+
+C.A.P.S.
+The Classic Amiga Preservation Society
+http://www.caps-project.org