THE OPEN CHANNEL SOFTWARE LICENSE
Copyright Open Channel Software. All Rights Reserved.
Everyone is permitted to copy and distribute this license document.
This License establishes the terms and conditions under which the person or legal entity that downloads or otherwise gains access to the Content is permitted to exercise certain rights with respect to it. In this License, "You" or "Your" means such person or legal entity and includes any entity which controls, is controlled by, or is under common control with You. Open Channel Software or "OCS" is identified in the following also as "We", "Us", or "Our".
- For non-commercial, private internal purposes solely by You, You are granted and may exercise a royalty-free, non-exclusive license, subject to third party intellectual property claims, to reproduce, modify, display, and perform the Original Content provided to you with or without Modifications, and/or as part of another work provided that You agree to and actually comply with all terms and conditions in this License on an ongoing basis. The exercise of any of the granted rights by You signifies acceptance of this License.
- Specifically regarding the right to reproduce, You may copy the Content only for non-commercial, private internal purposes to the extent necessary to exercise the other specific non-exclusive rights identified above and provided:
- all notices and disclaimers remain with the Content; and,
- You do not identify the Content as Your product or property;
- Specifically regarding the right to modify the Content, "Modifications" mean any addition or deletion by You from the substance or structure of either the original Content or any previous modifications. You may make Modifications to the Content only for non-commercial, private internal purposes and provided you agree also:
- Not to modify the Content such that the Modifications constitute an infringement of another or others rights;
- Not to assert ownership to the Modifications and the Content as modified;
- To provide Modifications for non-commercial, private internal purposes to others at no cost;
- That we have a first option to negotiate with you a separate agreement for the right to commercialize and/or publish Modifications;
- To maintain and not alter or remove this License and all notices or disclaimers that accompany the Content during the preparation or as a result of the Modifications; and
- To provide with all Modifications, sufficient information such that We and other potential users know how and when You changed the Content.
- You may exercise the rights with respect to the Content in original or modified form in legally permissible applications.
- You may not distribute or otherwise grant rights to another or others with respect to the Content or Modifications. Any such attempt or use for public or commercial purposes will automatically terminate the rights granted under this License.
This License and the rights granted hereunder will terminate automatically if You fail to comply with all of the terms and conditions of this License or within thirty (30) days of the dispatch of a notice from Us.
DISCLAIMER OF WARRANTY
THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE CONTENT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD ANY CONTENT PROVE DEFECTIVE IN ANY RESPECT, YOU ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF CONTENT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL WE OR YOU BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE OR YOU SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSION AND LIMITATION MAY NOT APPLY.
USER'S WARRANTY: COMPLIANCE WITH EXPORT CONTROLS
You warrant that You will do all things necessary to comply with the current United States Export Administration and any other laws and regulations of the United States as they may apply to the Software and all other things derived from the Software. You further acknowledge that you are subject to the laws and regulations of the United States controlling the export of certain technical data, computer software, laboratory prototypes, and other commodities ("Technical Data"). You further agree to comply with these laws and regulations as they apply at the time of exporting any Technical Data, as they may be revised and modified at various times. We neither represent that a license shall be required nor that, if required, it shall be issued. You warrant and agree that prior to any such transfer or exportation of Technical Data to Foreign Nationals, you will obtain and all necessary export licenses, authorizations, or permits as required by U.S. law or regulation.
- You agree to notify us promptly if You have reason to believe that the Content or its use may constitute an infringement or is being infringed.
- This license is governed by the laws of the State of Illinois without regard to conflicts of laws. Disputes shall be resolved by courts sitting in that state, with venue lying in Chicago, Illinois. The parties hereby submit to the exclusive jurisdiction of such courts and such exclusive venue. The losing party shall be responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses.
- This represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. No one other than OCS has the right to modify this License.
- Any problems or questions associated with the Software should be directed to the Open Channel Software, and not to the author or developer, in order that errors my be documented and referral services coordinated by the Open Channel Software.
YOU ACKNOWLEDGE that you have read this Agreement, understand it, and agree to be legally bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the Agreement between us, which supersedes any proposal or prior agreement, oral or written, and any other communication between us relating to the subject matter of this Agreement.
This agreement covers only the program software named above.
Accepted and Agreed:
Please sign and return one copy of this license to Open Channel Software, Inc.