122 lines
5.5 KiB
Plaintext
122 lines
5.5 KiB
Plaintext
Copyright (c) 2002 Bart Lagerweij. All rights reserved.
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NU2-LICENSE
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1. By using and/or opening any packaging enclosing this
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software, expanding any compressed file containing this
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software or by utilizing this software, you agree to be
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bound by the terms of this license agreement.
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2. The software, documentation and any other materials
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accompanying this License whether on disk, in read only
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memory, on any other media or in any other form
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(collectively the "Software") are licensed, not sold, to you
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by Bart Lagerweij, as well as their respective members,
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agents, directors, officers, servants and representatives
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(collectively "Licensor") for use only under the terms of
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this License, and Licensor reserves all rights not expressly
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granted to you. The rights granted herein are limited to
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Licensor's intellectual property rights in the Software and
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do not include any other patents or intellectual property
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rights. You own the media on which the Software is recorded
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but Licensor retains ownership of the Software itself. The
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rights granted under the terms of this License include any
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software upgrades that replace and/or supplement the
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original Software product, unless such upgrade contains a
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separate license.
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3. Permission is hereby granted, free of charge, to any
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person obtaining a copy of the Software to use, copy,
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publish and distribute the Software, subject to the
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conditions of this License.
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4. This license must be included with all copies of the
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Software, and may not be modified from its original format
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as created by the Licensor. The Software may not be
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distributed subject to any other license.
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5. This License is effective until terminated. Your rights
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under this License will terminate automatically without
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notice from Licensor or if you fail to comply with any
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term(s) of this License. Upon the termination of this
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License, you shall cease all use of the Software and destroy
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all copies of it, whether full or partial.
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6. Selling or charging a fee for the Software is prohibited,
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although a fee may be charged for the act of transferring a
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copy and/or for the distribution media, but not for the
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Software itself.
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7. The Software, in whole or in part, may not be
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incorporated with or into any other software product without
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written permission from Licensor.
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8. You expressly acknowledge and agree that use of the
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software is at your sole risk and that the entire risk as to
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satisfactory quality, performance, accuracy and effort is
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with you. Licensor does not warrant against interference
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with your enjoyment of the software, that the functions
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contained in the software will meet your requirements, that
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the operation of the software will be uninterrupted or
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error-free, or that defects in the software will be
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corrected. Should the software prove defective, you assume
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the entire cost of all necessary servicing, repair or
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correction.
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9. THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY
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KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
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WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
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PURPOSE AND NONINFRINGEMENT. No oral or written advice given
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by Licensor or by an authorized representative of Licensor
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shall create a warranty.
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10. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL
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THE LICENSOR BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
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LIABILITY, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, OR
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ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
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WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS
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OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER
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COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO
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YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED,
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REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR
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OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES.
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11. THIS SOFTWARE IS NOT INTENDED FOR USE IN ANY APPLICATION
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IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH,
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PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
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12. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
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WARRANTIES, LIABILITY OR LIMITATIONS ON APPLICABLE STATUTORY
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RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND
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LIMITATIONS MAY NOT APPLY TO YOU. IF SUCH EXCLUSIONS FROM
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LIABILITY APPLY TO YOU, DO NOT USE THIS SOFTWARE.
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13. In no event shall Licensor's total liability to you for
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all damages exceed the amount of $50.00. The foregoing
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limitations will apply even if the above stated remedy fails
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in its essential purpose.
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14. This License constitutes the entire agreement between
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the parties with respect to the use of the Software licensed
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hereunder and supersedes all prior or contemporaneous
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understandings regarding such subject matter. No amendment
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to or modification of this License will be binding unless in
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writing and signed by Licensor. Any translation of this
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License is done for local requirements and in the event of a
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dispute between the English and any non-English versions,
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the English version of this License shall govern.
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15. This License will be governed by and construed in
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accordance with the laws of the Netherlands, as applied to
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agreements entered into and to be performed entirely within
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the Netherlands between Dutch residents. This License shall
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not be governed by the United Nations Convention on
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Contracts for the International Sale of Goods, the
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application of which is expressly excluded.
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16. If for any reason a court of competent jurisdiction
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finds any provision, or portion thereof, to be
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unenforceable, the remainder of this License shall continue
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in full force and effect.
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