IMPORTANT! PLEASE READ CAREFULLY.
THIS END-USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU, ON THE ONE HAND, AND FLIXSTER, INC. AND WARNER BROS. ENTERTAINMENT INC. (COLLECTIVELY "Us," “We” or “Our”) (INDIVIDUALLY "PARTY" AND COLLECTIVELY "PARTIES").
BY USING THE FLIXSTER DESKTOP SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND THE TERMS OF THE KHRONA LLC END USER LICENSE AGREEMENT INCLUDED AS EXHIBIT A TO THIS AGREEMENT (THE “KHRONA AGREEMENT”).
IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT OR THE KHRONA AGREEMENT, THEN YOU SHOULD CLICK "QUIT" IN WHICH CASE YOU WILL NOT BE ABLE TO INSTALL OR USE THE FLIXSTER DESKTOP SOFTWARE.
The Flixster Desktop software and any third party software accompanying this Agreement are licensed, not sold, to you by Us for use only under the terms of this Agreement. Subject to the terms and conditions of this Agreement, We hereby grant you a non-exclusive, non-transferable, non-sublicenseable and revocable personal license to: (i) download and install the Flixster Desktop software application including, without limitation, any materials, content, code and technology contained therein, and any portions thereof (collectively "Software") onto one (1) personal computer owned or controlled by you; and (ii) use the Software for your own personal, non-commercial use in the United States. The Software includes any Updates (as defined below) and an authorized copy (as permitted below). You may not: (i) use the Software in any manner that could damage, disable, overburden or impair any of Our Services (defined below) which use the Software; (ii) decompile, reverse engineer, derive source code from, decompile, disassemble, modify, adapt, translate, rent, sell, lease, loan, distribute, copy, or create derivative works from, the Software (except as permitted below or as explicitly provided for under the Khrona Agreement); (iii) bundle the Software for redistribution with other products; or (iv) use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement. You are solely responsible for determining and paying any fees, charges or taxes in connection with your use of the Software including, without limitation, those imposed by any Internet service provider, carrier or governmental entity. You must have a high speed Internet connection in order to access and use certain materials made available by the Software or any of our Services using the Software. The Software may not be available: (i) during any maintenance or update periods, any power or server outages; (ii) as a result of war, riots, strikes, social unrest; or (iii) as a result of other matters beyond the control of Us or third parties. Subject to the terms and conditions of this Agreement, you may make one (1) back-up copy of the Software for your own personal, non-commercial use. You shall not modify the Software or create any new or derivative works based on or including the Software except as explicitly provided for under the Khrona Agreement.
2. Reservation of Rights / Ownership
We and our licensors reserve all rights not expressly granted herein. We and our licensors own all right, title and interest in and to the Software. The Software is protected by United States and international copyright laws and treaties. The names, marks, brands, logos, designs, trade dress and other designations used in connection with the Software are proprietary to Us and Our licensors. You shall maintain all copyright, trademark and other proprietary rights notices on the Software.
3. Flixster Desktop Services and Third Party Services
The Software enables you to access certain services provided by Us and other third parties, including but not limited to the ability to access audiovisual content (collectively, the “Services”). Your use of the Services requires you to agree to additional Flixster Terms of Service which are available at https://digitalsupport.warnerbros.com/hc/en-us/articles/360000311328. By using the Software in connection with the Services (which requires Internet access), you agree to the latest Flixster Terms of Service, which may be updated from time to time.
4. Data / Information / Privacy
5. Third Party Software Applications
You agree that the Software may interoperate with and allow you to use software applications, data, information and/or materials developed or offered by third parties including, but not limited to, the “Awesomium” software and the “Rovi Media Recognition” software. (collectively "Third Party Applications"). Your use of the Rovi Media Recognition software is governed by the terms of this Agreement. In addition, your use of the “Awesomium” software is subject to the Khrona Agreement. You agree to all such terms of any third parties concerning use of such Third Party Applications. THIRD PARTY APPLICATIONS ARE NOT OUR RESPONSIBILITY. YOUR USE OF THIRD PARTY APPLICATIONS IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, AS TO THIRD PARTY APPLICATIONS INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, RISKS OF PROGRAM ERRORS, CORRUPTION, VIRUSES, HACKING, INTRUSIONS, DAMAGE TO EQUIPMENT, LOSS OF DATA, OR UNAVAILABILITY OR INTERRUPTION OF SERVICE OR OPERATIONS, HOWEVER CAUSED, ACCURACY, AVAILABILITY, SATISFACTORY QUALITY, AND MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
6. Software Updates
We may deliver and install patches, updates and modifications to the Software (collectively, "Updates") from time to time including, without limitation, Updates to be installed on your personal computer. Updates are not optional in order to use the Software. We may deliver and install Updates remotely, with or without your knowledge, and you consent to us delivering and installing such Updates. If the Software is an update to a previous version of the Software, then you must possess a valid license to such previous version in order to use such Update. All Updates are provided to you on a license exchange basis and are subject to the terms and conditions of this Agreement and any revisions to it (as described below). By using an Update, you voluntarily terminate your right to use any previous version of the Software; however, you may continue to use previous versions in order to transition to the Update; provided that: (i) the Update and the previous versions are installed on the same personal computer; (ii) the previous versions or copies thereof are not transferred to another personal computer unless all copies of the Update are also transferred to such personal computer; and (iii) you acknowledge that any obligation We may have to support the previous versions of the Software may end upon availability of the Update.
7. Disclaimer of Warranties
YOU AGREE THAT THE SOFTWARE AND USE OF THE SERVICES IS AT YOUR OWN RISK. THE SOFTWARE AND SERVICES, INCLUDING ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, AND CONTENT IN THE SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SERVICES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE, SERVICES OR SERVERS THAT MAY MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR CONTENT IN THE SOFTWARE AND SERVICES OR ANY WEB SITES LINKED TO THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, CONTENT OR ANY WEB SITE. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SOFTWARE AND SERVICES INCLUDING, WITHOUT LIMITATION, RISKS OF ERRORS, CORRUPTION, VIRUSES, HACKING, INTRUSIONS, DAMAGE TO EQUIPMENT, LOSS OF DATA, CONTENT OR UNAVAILABILITY OR INTERRUPTION OF THE SOFTWARE OR SERVICES, HOWEVER CAUSED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
YOU SHALL INDEMNIFY OUR LICENSORS, US, OUR PARENT AND AFFILIATES, AND EACH OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS, AND TO HOLD EACH OF THEM HARMLESS FROM AND AGAINST ANY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS, EXPERT WITNESS FEES AND REASONABLE ATTORNEYS' FEES), OR DAMAGES ASSERTED BY ANY THIRD PARTY, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR ATTEMPTED USE OF, THE SOFTWARE AND SERVICES, OR ANY BREACH OF THIS AGREEMENT.
9. Limitation of Liability
WE AND OUR LICENSORS DISCLAIM ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SOFTWARE, SERVICES, MATERIAL, INFORMATION, FACILITIES, SERVICES, OR CONTENT, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY OF OUR COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY OF OUR COMPANIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THIS LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
NEITHER WE NOR OUR LICENSORS shall be liable for any use OR MISUSE of the Software OR SERVICES USING THE SOFTWARE. You acknowledge the Software IS BEING MADE available in reliance on the exclusions and limitations of liability and disclaimers of warranty set forth HEREIN and that the same form an essential basis of the bargain between the parties. IN NO EVENT SHALL THE OUR COMPANIES’ LIABILITY TO YOU FOR ANY AND ALL DAMAGES OF ANY TYPE EXCEED ten DOLLARS (US $10.00).
THE MATERIAL, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON THE SOFTWARE ARE NOT NECESSARILY THOSE OF OUR COMPANIES OR OTHER CONTENT PROVIDERS. WE MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN OUR SOLE DISCRETION.
10. High Risk Environments
The Software has not been designed for and is not intended for use in hazardous environments requiring fail-safe (fault-tolerant) performance such as in, by way of example, the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons or defense systems, life support systems, or any other context in which the failure of any software could lead directly to death, personal injury, or severe damage to property or the environment. WE SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLICIT GUARANTEE OF THE SOFTWARE'S SUITABILITY FOR THESE TYPES OF ACTIVITIES.
11. Export Restrictions / Laws
You acknowledge and agree that the Software is subject to United States export control laws and you agree to abide by such laws and any other applicable international export rules or regulations. You acknowledge and agree that the Software may not be exported or re-exported by you to any country, person or organization subject to restrictions under United States export control laws or any other applicable international export rules or regulations. You shall comply will all other applicable laws.
12. U.S. Government Use
The Software and documentation (if any) are considered “commercial computer software” and “commercial computer software documentation”, respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Use, duplication or disclosure of the Software (and documentation, if any) by the U.S. Government is prohibited without Our written agreement.
13. Term / Termination
This Agreement, unless terminated pursuant to the terms hereof, shall be in full force and effect for the maximum period of time permitted by applicable law. You may terminate this Agreement at any time by uninstalling and deleting the Software from your personal computer. We may terminate this Agreement at any time, for any reason or no reason, by providing you with notice as described below. Upon termination, all rights granted to you will cease, and you shall immediately delete the Software and any related data from your personal computer, as well as from any other storage device or medium under your ownership, access or control. Those provisions of this Agreement which, by their nature, should survive termination shall so survive including, without limitation, those provisions addressing license limitations, disclaimer of warranties, limitation of liability, indemnification and ownership.
Any notices We deliver to you may be made as follows: (i) by email to the last email address provided by you; (ii) by posting a notice on www.flixster.com; (iii) to any address contained in any account information provided by you; or (iv) through the user interface of the Software.
15. Jurisdictional Issues
The Software and Services are presented solely for the purpose of providing entertainment and information and promoting programs, films, music, and other products available in the United States, its territories, possessions, and protectorates. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California.
16. Disputes / Arbitration
If a dispute arises between you and Us, our preference is to resolve the matter quickly and in the most cost effective manner possible. Before resorting to the methods described below for settling a dispute, We ask that you provide us with notice of the dispute via email to email@example.com. Upon receipt, We shall have no less than ten (10) business days to attempt to resolve the dispute with you before the parties resort to the other alternatives described in this Section 24.
Any dispute of any kind between you and Us arising under this Agreement shall be resolved by binding arbitration in the county in which you reside. Both parties reserve the right to seek an injunction or temporary restraining order from a Federal or State court in the United States. However, after such request for relief has been heard by such court, the remainder of the dispute will be resolved by binding arbitration as otherwise set forth herein. We reserve the right to demand any remedy for violations of this Agreement and/or any other rules and regulations set forth in the Flixster Terms of Service, including without limitation the right to block access from a particular Internet address.
Any arbitrator proceeding over a dispute arising under this Agreement shall be a retired judge or justice of any state or federal court with substantial experience in the subject matter relevant to the matter in dispute and shall follow California law in adjudicating the dispute. The parties agree that an arbitrator proceeding over a dispute should seek, whenever practicable, to resolve threshold legal issues by way of motions filed by the parties. The parties also agree that they will follow the JAMS rules in arbitrating their dispute, except to the extent that the JAMS rules are inconsistent with this Agreement or the class action waiver described below.
If the claim you wish to assert against us is less than $10,000, then, at your election, the arbitration may proceed in-person, by telephone, or by written briefs. At your election, you also may bypass arbitration and proceed to assert your claim in small claims court. If either party files a claim in state or federal court that is required by this Agreement to have been brought to arbitration, then the other party shall be entitled to his/her/its reasonable attorneys' fees incurred in successfully filing a motion to compel the claim to arbitration.
17. CLASS ACTION WAIVER
THE PARTIES AGREE THAT THEY WILL RESOLVE THEIR DISPUTES ON AN INDIVIDUAL BASIS. ANY CLAIMS BROUGHT UNDER THIS AGREEMENT MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THIS AGREEMENT ALSO PREVENTS ANY PARTY FROM PARTICIPATING IN A CLASS ACTION (EXISTING OR FUTURE) THAT WAS BROUGHT BY ANY OTHER PARTY. INSTEAD, THE PARTIES AGREE TO RESOLVE THEIR DISPUTES UNDER THIS AGREEMENT ON AN INDIVIDUAL BASIS.
We reserve the right to revise the terms and conditions of this Agreement, from time to time, by presenting you with a revised, electronic version. Your continued use of the Software after such presentation shall constitute acceptance of all terms and conditions contained in such revised version. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement, whether of a similar nature or otherwise. You may not assign this Agreement and any attempted assignment by you will be null and void. This Agreement shall inure to the benefit of our licensors, successors and assigns. This Agreement is the sole and complete agreement between you and Us and supersedes any prior or contemporaneous agreements, oral or written, and any other communications between you and Us, concerning your use of the Software. If any part of this Agreement shall be invalid, illegal or unenforceable, then such part shall be deemed to be restated to reflect, as nearly as possible, the original intentions of the Parties in accordance with applicable law, and the remainder of this Agreement shall remain in full force and effect.
The use of headings and captions herein is for convenience only and shall not be used to interpret this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. BY CLICKING "AGREE" BELOW, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT.
END USER LICENSE AGREEMENT
This End User License Agreement ("EULA"), effective today, is made by and between you and Khrona LLC, having an address at 15822 Jamie Lee Drive, Houston, Texas 77095 ("Khrona"), and concerns certain software known as "Awesomium." The Awesomium software includes a library that makes it easy for developers to embed the World Wide Web in their applications. The Awesomium software provides developers the ability to embed and manipulate an instance of a web page and render it to an arbitrary pixel buffer.
License Grant. A limited, non-exclusive, nontransferable, and revocable license is granted to you to install, access, and use the Awesomium software solely in conjunction with and through third-party software separately licensed to you (the "Licensed Product") and subject to the terms and conditions of the third-party's license with Khrona. By using the Awesomium software (through the Licensed Product), you accept the terms and conditions herein. You may print and save a copy of this EULA for your records.
Permitted Use and Restrictions. You agree to use and access the Awesomium Software solely in conjunction with and through the Licensed Product separately licensed to you. You agree not to reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Awesomium software, or modify, or otherwise create derivative works of, the Awesomium software.
Ownership of Intellectual Property. You acknowledge that Khrona owns and shall continue to own all intellectual property rights in the Awesomium software, including any documentation. You agree to use reasonable best efforts to protect the contents of the Awesomium software and to prevent unauthorized copying, disclosure, or use by your agents, officers, employees, and consultants.
Copyright Notice. Awesomium (c) 2011 Khrona LLC. All rights reserved. Awesomium is a trademark of Khrona LLC.
Disclaimer of Warranties, "AS IS". THE AWESOMIUM SOFTWARE, INCLUDING, WITHOUT LIMITATION, ALL SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, KHRONA MAKES NO OTHER REPRESENTATIONS, EXTENDS NO OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT (INCLUDING ANY OPEN SOURCE VIOLATIONS), AND ASSUMES NO LIABILITY TO YOU OR ANY OTHER PERSON FOR OR ON ACCOUNT OF ANY INJURY, LOSS OR DAMAGE, OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED ON YOU OR ANY OTHER PERSON (INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, NOT LIMITED TO PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)), ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM THE USE OF THE AWESOMIUM SOFTWARE OR THIS EULA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Exclusive Remedy; Limitation of Liability. For any breach of warranty, your exclusive remedy shall be to return the Awesomium software to Khrona. Under this EULA, Khrona's maximum liability is further limited to twenty-five US Dollars (USD$25.00). Termination. This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice from Khrona if you fail to comply with any term(s) of this EULA. You may terminate this EULA by giving written notice of termination to the Khrona. Upon termination of this EULA, you shall immediately discontinue all use of the Awesomium Software and destroy the original and all copies, full or partial, including any associated documentation.
Export Controls. The Awesomium software, including any downloading or use of, may be subject to export controls imposed by U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. You agree to comply strictly with all such regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import the Awesomium software.
Governing Law and General Provisions. This EULA shall be governed by the laws of the State of Texas, excluding the application of its conflicts of law rules. You agree that any dispute regarding or relating to this EULA shall be litigated only in federal or state courts in Harris County, Texas, and hereby waive any objection to the jurisdiction of such courts. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any provisions of this EULA are held invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect. This EULA is binding upon your successors and assigns. This EULA may be modified only by a non-electronic amendment, signed by each party. This EULA may not be assigned or transferred to any other person or entity by you without the express consent of Khrona. This EULA constitutes the entire agreement between the parties with respect to the use of the Awesomium software licensed hereunder and supersedes all other previous or contemporaneous agreements or understandings between the parties, whether verbal or written, concerning the subject matter.
This software may include portions under the following licenses, permissions, and notices:
Chromium BSD License Terms and Conditions.
Copyright (c) 2008, The Chromium Authors. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
* Neither the name of the Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
ICU License - ICU 1.8.1 and later.
COPYRIGHT AND PERMISSION NOTICE
Copyright (c) 1995-2009 International Business Machines Corporation and others. All rights reserved. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, provided that the above copyright notice(s) and this permission notice appear in all copies of the Software and that both the above copyright notice(s) and this permission notice appear in supporting documentation.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization of the copyright holder.
HarfBuzz (MIT) License
Copyright (C) 2008 Nokia Corporation and/or its subsidiary(-ies)
Copyright (C) 2007 Red Hat, Inc.
Permission is hereby granted, without written agreement and without license or royalty fees, to use, copy, modify, and distribute this software and its documentation for any purpose, provided that the above copyright notice and the following two paragraphs appear in all copies of this software.
IN NO EVENT SHALL THE COPYRIGHT HOLDER BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THIS SOFTWARE AND ITS DOCUMENTATION, EVEN IF THE COPYRIGHT HOLDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE COPYRIGHT HOLDER SPECIFICALLY DISCLAIMS ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE PROVIDED HEREUNDER IS ON AN "AS IS" BASIS, AND THE COPYRIGHT HOLDER HAS NO OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.
Mozilla Public License.
The contents of this file are subject to the Mozilla Public License Version 1.1 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.mozilla.org/MPL/
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
The Independent JPEG Group's Software.
The authors make NO WARRANTY or representation, either express or implied, with respect to this software, its quality, accuracy, merchantability, or fitness for a particular purpose. This software is provided "AS IS", and you, its user, assume the entire risk as to its quality and accuracy.
This software is copyright (C) 1991-1998, Thomas G. Lane.
All Rights Reserved except as specified below.
Permission is hereby granted to use, copy, modify, and distribute this software (or portions thereof) for any purpose, without fee, subject to these conditions:
(1) If any part of the source code for this software is distributed, then this README file must be included, with this copyright and no-warranty notice unaltered; and any additions, deletions, or changes to the original files must be clearly indicated in accompanying documentation.
(2) If only executable code is distributed, then the accompanying documentation must state that "this software is based in part on the work of the Independent JPEG Group".
(3) Permission for use of this software is granted only if the user accepts full responsibility for any undesirable consequences; the authors accept NO LIABILITY for damages of any kind.
These conditions apply to any software derived from or based on the IJG code, not just to the unmodified library. If you use our work, you ought to acknowledge us.
Permission is NOT granted for the use of any IJG author's name or company name in advertising or publicity relating to this software or products derived from it. This software may be referred to only as "the Independent JPEG Group's software".
We specifically permit and encourage the use of this software as the basis of commercial products, provided that all warranty or liability claims are assumed by the product vendor.
We are required to state that "The Graphics Interchange Format(c) is the Copyright property of CompuServe Incorporated. GIF(sm) is a Service Mark property of CompuServe Incorporated."
The libpng License.
Copyright (c) 2000-2002 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-1.0.6 with the following individuals added to the list of Contributing Authors
Eric S. Raymond
and with the following additions to the disclaimer:
There is no warranty against interference with your enjoyment of the library or against infringement. There is no warranty that our efforts or the library will fulfill any of your particular purposes or needs. This library is provided with all faults, and the entire risk of satisfactory quality, performance, accuracy, and effort is with the user.
libpng versions 0.97, January 1998, through 1.0.6, March 20, 2000, are Copyright (c) 1998, 1999 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-0.96, with the following individuals added to the list of Contributing Authors:
Willem van Schaik
libpng versions 0.89, June 1996, through 0.96, May 1997, are Copyright (c) 1996, 1997 Andreas Dilger. Distributed according to the same disclaimer and license as libpng-0.88, with the following individuals added to the list of Contributing Authors:
libpng versions 0.5, May 1995, through 0.88, January 1996, are Copyright (c) 1995, 1996 Guy Eric Schalnat, Group 42, Inc. For the purposes of this copyright and license, "Contributing Authors" is defined as the following set of individuals:
Guy Eric Schalnat
The PNG Reference Library is supplied "AS IS". The Contributing Authors and Group 42, Inc. disclaim all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. The Contributing Authors and Group 42, Inc. assume no liability for direct, indirect, incidental, special, exemplary, or consequential damages, which may result from the use of the PNG Reference Library, even if advised of the possibility of such damage.
Permission is hereby granted to use, copy, modify, and distribute this source code, or portions hereof, for any purpose, without fee, subject to the following restrictions:
1. The origin of this source code must not be misrepresented.
2. Altered versions must be plainly marked as such and must not be misrepresented as being the original source.
3. This Copyright notice may not be removed or altered from any source or altered source distribution.
The Contributing Authors and Group 42, Inc. specifically permit, without fee, and encourage the use of this source code as a component to supporting the PNG file format in commercial products. If you use this source code in a product, acknowledgment is not required but would be appreciated.
A "png_get_copyright" function is available, for convenient use in "about" boxes and the like:
Also, the PNG logo (in PNG format, of course) is supplied in the files "pngbar.png" and "pngbar.jpg (88x31) and "pngnow.png" (98x31).
Libpng is OSI Certified Open Source Software. OSI Certified Open Source is a certification mark of the Open Source Initiative.
glennrp at users.sourceforge.net
September 10, 2009
The Apache 2.0 License.
Apache License, Version 2.0
Version 2.0, January 2004
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial
revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License.
Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License.
Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
You must give any other recipients of the Work or Derivative Works a copy of this License; and
You must cause any modified files to carry prominent notices stating that You changed the files; and
You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
5. Submission of Contributions.
Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty.
Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability.
In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability.
While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
END OF APACHE 2.0 TERMS AND CONDITIONS
APPENDIX: How to apply the Apache License to your work
To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives.
Copyright [yyyy] [name of copyright owner]
Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at: http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
The zlib/libpng License.
This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution