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AwesomiumCE3
====================
Copyright (c) 2014, The authors of the AwesomiumCE3 project
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
2. 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.
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.
[This is the BSD 2-Clause License, http://opensource.org/licenses/BSD-2-Clause]
Awesomium
====================
AWESOMIUM FREE LICENSE AGREEMENT - V4
This LICENSE AGREEMENT ("Agreement"), effective as of Effective Date, by and between Khrona LLC, having an address at 15822 Jamie Lee Drive, Houston, Texas 77095 ("Khrona") and Licensee. Khrona and Licensee are collectively referred to as the "Parties" and individually referred to as a "Party". A copy of this Agreement may be printed and saved for Licensee's records.
RECITALS
WHEREAS, Khrona has developed software, known as the Awesomium software ("Awesomium"), which includes a library that makes it easy for developers to embed the World Wide Web ("Web") in their applications. Awesomium software provides developers the ability to embed and manipulate an instance of a web page and render it to an arbitrary pixel buffer.
WHEREAS, Licensee desires to obtain a non-exclusive, free license to use the Awesomium software to develop, distribute, and display applications licensed to third party users ("End Users") or for public display, using Awesomium software to manipulate and render web pages under the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the foregoing premises and of the mutual covenants and obligations hereinafter contained, and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
ARTICLE 1
DEFINITIONS
1.1 Definitions. As used herein, the following terms have the meanings set forth below:
1.1.1 "Affiliates" means, with respect to an entity or person, any entity or person that directly or indirectly through one or more intermediaries Controls, is Controlled by, or is under common Control with such entity or person.
1.1.2 "Agreement" has the meaning as set forth in the preamble.
1.1.3 "Awesomium" has the meaning as set forth in the preamble and includes portions of Google Chromium software. The Awesomium software includes a set of C++ header files, a static library (Awesomium.lib), a dynamically-linked library (Awesomium.dll), an executable (AwesomiumProcess.exe), and documentation. For purposes of this Agreement, Awesomium includes the current version of the Awesomium software as of the Effective Date, and any Maintenance Releases during the Support Period, but does not include future releases made after the Support Period. For purposes of this Agreement, the Awesomium software does NOT include its source code.
1.1.4 "Commercial" means for profit or in commerce, including marketing and promotions activities, whether or not profit, revenues, or sales are generated by such purpose.
1.1.5 "Commercial Application" has the meaning as set forth in Section 2.2.
1.1.6 "Confidential Information" means (a) any information disclosed by either Party to the other Party, either directly or indirectly, in writing, orally or by inspection of tangible objects, including, without limitation, trade secrets, data, know-how, materials, inventions, services, formulas, processes, designs, development, photographs, plans, drawings, models, specifications, samples, reports, pricing information, studies, findings, engineering, finances, financial models, business plans, listings and (concepts to the extent practical, Confidential Information will be disclosed in documentary or tangible form marked "Confidential" (collectively, the "Disclosed Materials")) and (b) any information otherwise obtained, directly or indirectly, by a receiving Party through inspection, review or analysis of the Disclosed Materials. Confidential Information shall not lose its status merely because it was disclosed orally. Confidential Information may also include information of a third party that is in the possession of one of the Parties and is disclosed to the other Party under this Agreement. Confidential Information shall not, however, include any information that (i) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing Party; (ii) becomes publicly known and made generally available after disclosure by the disclosing Party to the receiving Party through no action or inaction of the receiving Party; (iii) is already in the possession of the receiving Party at the time of disclosure by the disclosing Party as shown by the receiving Party's files and records immediately prior to the time of disclosure; (iv) is obtained by the receiving Party from a third party lawfully in possession of such information and without a breach of such third party's obligations of confidentiality; or (v) is independently developed by the receiving Party without use of or reference to the disclosing Party's Confidential Information, as shown by documents and other competent evidence in the receiving Party's possession. The burden of proof shall be on the receiving Party to establish the existence of facts giving rise by clear and convincing evidence that any of the foregoing exceptions to the receiving Party's obligation of confidence apply.
1.1.7 "Control" shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management, activities or policies of any Person, whether through the ownership of voting securities, by contract, employment or otherwise.
1.1.8 "Disclosed Material" has the meaning as set forth in Section 1.1.6.
1.1.9 "End Users" has the meaning as set forth in the preamble.
1.1.10 "Effective Date" has the meaning as set forth in the preamble and is the date the Licensee enters into the Agreement with Khrona, by the Licensee agreeing to the terms and conditions of the Agreement by signing the Agreement or by otherwise accepting the terms and conditions, e.g., by Licensee clicking on a button on a computer screen, or by Licensee using or installing the Awesomium software.
1.1.11 "Google Chromium" is Open Source software code developed by Google and licensed under the BSD license and other licenses. See also http://code.google.com/chromium/terms.html
1.1.12 "Improvement" means any enhancement, conception, suggestion, invention or discovery created or otherwise developed by Khrona or Licensee during the Term, which constitutes an improvement to the Awesomium software.
1.1.13 "Indemnified Party" has the meaning as set forth in Section 8.3.
1.1.14 "Indemnifying Party" has the meaning as set forth in Section 8.3.
1.1.15 "Infringement" has the meaning as set forth in Section 4.6.
1.1.16 "Internal" means solely within Licensee and Licensee's Affiliates.
1.1.17 "Khrona" has the meaning as set forth in the preamble.
1.1.18 "Licensed Product" means any application, device, or software developed by the Licensee, the access, copy, distribution, display, manufacture, use, or sale of which would, if not licensed under this Agreement, infringe or misappropriate in any way the Awesomium software.
1.1.19 "Licensee" refers to the party to the Agreement to whom Khrona grants license rights to the Awesomium software as described herein.
1.1.20 "Losses" has the meaning as set forth in Section 8.1.
1.1.21 "Maintenance Release" has the meaning as set forth in ARTICLE 5.
1.1.22 "Non-Commercial" has the meaning as set forth in Section 2.2.
1.1.23 "Open Source" means software in which source code is generally available for modification and distribution, and which may include specific license requirements for other software that accesses, embeds, or uses the open source software.
1.1.24 "Party" or "Parties" has the meaning as set forth in the preamble.
1.1.25 "Platform" has the meaning as set forth in Section 2.3.
1.1.26 "Support Period" has the meaning as set forth in ARTICLE 5.
1.1.27 "Term" has the meaning as set forth in Section 10.1.
1.1.28 "Trademarks" means any filed or unfiled, common law, state law and federal law rights, as well as all international trademark rights, Khrona has in any trademarks for Awesomium software.
1.1.29 "Web" means the World Wide Web as set forth in the preamble.
ARTICLE 2
LICENSE GRANT
2.1 Development License Grant. Khrona hereby grants to Licensee a limited, non-transferable, non-exclusive, revocable, non-sublicensable, world-wide right and license to the Awesomium software solely to develop applications that access, embed, and use the Awesomium software ("Licensed Products"), including to test and evaluate such Licensed Products Internally by Licensee, under the terms and conditions herein. For purposes of clarity, this development license grant in Section 2.1 does not include any right or license to distribute the Awesomium software or to publically display or publically perform Licensed Products utilizing the Awesomium software.
2.2 Non-Commercial Distribution License Grant. Khrona hereby grants to Licensee a limited, non-transferable, non-exclusive, revocable, sublicensable as described herein, world-wide right and license to the Awesomium software to copy, develop, display, distribute, export, import, make, publically perform, test, and use a Licensed Product utilizing the Awesomium software, solely for Internal and Non-Commercial purposes. The term "Non-Commercial" as used in this Agreement, means academic or other scholarly research which (a) is not undertaken for profit, or (b) is not intended to produce works, services, or data for Commercial use, or (c) is neither conducted, nor funded, by a person or an entity engaged in the Commercial use, application or exploitation of works similar to the software.
2.3 Limited Commercial Distribution License Grant. Khrona hereby grants to Licensee a limited, non-transferable, non-exclusive, revocable, sublicensable as described herein, world-wide right and license to the Awesomium software to copy, develop, display, distribute, evaluate, export, import, make, market, publically perform, sell, test, and use a Licensed Product utilizing the Awesomium software for Commercial purposes. This provision is NOT valid if Licensee is a company or incorporated entity that had a turnover in excess of US$100,000 in their last fiscal year. In the event Licensee makes a turnover in excess of US$100,000 in any subsequent fiscal year, all commercial distribution provisions of this Agreement will be revoked and Licensee must negotiate a new license with Khrona to continue commercial distribution.
2.4 Trademark License. In the event that Licensee, at its sole discretion, decides to use Khrona's Trademarks, Khrona hereby grants Licensee a non-exclusive, royalty-free right and license to use, including the right to sublicense, the Trademarks in conjunction with Licensee's marketing, advertising, manufacturing information, and product packaging activities.
2.4.1 Non-Assignment. Licensee acknowledges and agrees that the trademark rights granted to Licensee by and obtained by Licensee as a result of or in connection with this Agreement are license rights only, and nothing contained in this Agreement constitutes or shall be construed to be an assignment of any or all of Khrona's rights in the Trademarks. All goodwill associated with such activities of Licensee shall inure to the benefit of the Khrona.
2.4.2 Quality of Product. In the event Licensee decides to use Khrona's Trademarks, Licensee agrees to maintain a high quality of any Licensed Product provided under the Trademark consistent with the quality of previous versions of Khrona's products as of the Effective Date and consistent with a standard that ensures the continued protection of the Trademark and the goodwill pertaining to the Trademark. In such an event, Khrona reserves the right to receive samples of the mark as used in conjunction with the Licensed Product no more than once per year or as reasonably provided by Licensee, to ensure that the quality meets the foregoing standard.
2.4.3 Trademark Format. Licensee shall only use or display the Trademark in a format approved by Khrona, such approval not to be unreasonably withheld.
2.4.4 Proper Notice and Acknowledgment. Every use of the Trademark by Licensee shall incorporate in an appropriate manner a "TM" or once it is registered an "R" enclosed by a circle or the phrase "Reg. U.S. Trademark of Khrona LLC".
2.4.5 Impairment of Khrona's Rights. If Licensee decides to use the Trademark, Licensee shall not at any time, whether during or after the Term of this Agreement, do or cause to be done any act or thing challenging, contesting, impairing, invalidating, or tending to impair or invalidate any of Khrona's rights in the Trademark or any registrations derived from such rights.
2.4.6 Khrona's Rights and Remedies. If Licensee decides to use the Trademark, Licensee acknowledges and agrees that Khrona has, shall retain and may exercise, both during the Term of this Agreement and thereafter, all rights and remedies available to Khrona, whether derived from this Agreement, from statute, or otherwise, as a result of or in connection with Licensee's breach of the trademark license granted in this Agreement, misuse of the Trademark or any other use of the Trademark by Licensee which is not permitted by this Agreement.
ARTICLE 3
RESTRICTIONS AND IMPROVEMENTS
3.1 Restrictions. All rights not expressly granted in this Agreement are reserved by Khrona. Nothing contained in this Agreement shall be interpreted to give Licensee any rights with respect to any copyrights, patents, trademarks, or other intellectual property, including software by Khrona other than Awesomium software under the terms described herein.
3.2 Ownership of Intellectual Property. As between Khrona and Licensee, Khrona owns and shall continue to own all intellectual property rights in the Awesomium software. Nothing in this agreement shall be construed to grant Khrona any rights to Licensee's Licensed Products, except as expressly stated herein.
3.3 Interest in Improvements. Khrona shall own all intellectual property rights and all other property rights in new patent applications and Improvements which Khrona makes to the Awesomium software, including using information received from Licensee or while performing Khrona's obligations under the terms of this Agreement. Licensee hereby assigns, transfers and conveys to Khrona, and the Khrona hereby accepts and assumes, free and clear of and from encumbrances, all right, title and interest, together with all rights of priority, in and to such Improvements and the patent(s) that may issue from such Improvements, and including the subject matter of all claims that may be obtained therefrom, any foreign counterparts or equivalents thereto, existing now or in the future, and any and all divisionals, continuations (in whole or in part), reissues, renewals and extensions of any of the foregoing, any substitutions therefore and any patents that may issue from the foregoing, the same to be held and enjoyed by Khrona for its own use and benefit, and for the use and benefit of its successors or assigns, to the end of the term or terms for which said patents are or may be granted or reissued, as fully and entirely as the same would have been held and enjoyed by the Licensee if this assignment had not been made. Such assignment includes, without limitation, all income, royalties, damages or payments due or payable after the Effective Date related to any of the foregoing and all claims for damages by reason of past, present or future infringement or other unauthorized use of the foregoing, with the right to sue for and collect the same. Licensee hereby authorizes and requests the Commissioner of Patents of the United States Patent and Trademark Office, or any equivalent body in any foreign jurisdiction, to record this assignment so as to reflect Khrona's ownership of the Improvements. Licensee hereby covenants and agrees that the Licensee will, at any time, upon request, execute and deliver any and all papers and take any and all other reasonable actions that may be necessary or desirable to implement or perfect this assignment, without further compensation but at the expense of the assignee, its successors or assigns with respect to Licensee's reasonable out-of-pocket costs.
3.4 Protection of Improvements. Khrona shall prepare, file, prosecute, obtain, maintain and enforce any or all intellectual property rights in, to, and under the Improvements. Notwithstanding the foregoing, Khrona shall be under no obligation to prosecute or pursue intellectual property protection, in, to or under any Improvements inside or outside of the United States.
ARTICLE 4
CERTAIN LICENSEE OBLIGATIONS
4.1 No Reverse Engineering. Unless otherwise agreed to in writing, Licensee agrees 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.
4.2 No Static Linking. Unless otherwise agreed to in writing, Licensee agrees not to access the Awesomium.dll using static-linking tools or other methods that hide or conceal any of the Awesomium software.
4.3 Licensing of End Users. Subject to the license grant in ARTICLE 2, Licensee may distribute to End Users the Awesomium software, as part of and in conjunction with Licensed Products, provided that such distribution to End Users is subject to the End User License Agreement in Exhibit A, or a license by Licensee having substantially the same terms and conditions.
4.4 Marking. Licensee shall ensure that the following legend, or a successor legend as designated by Khrona from time to time, shall appear in the credit section of any Licensed Product:
Awesomium (c) 2011 Khrona LLC. All rights reserved. Awesomium is a trademark of Khrona LLC.
Copyright (c) 2008. The Chromium Authors. All rights reserved.
Copyright (c) 1995-2009 International Business Machines Corporation and others. All rights reserved.
This software is based in part on the work of the Independent JPEG Group.
This software is copyright (C) 1991-1998, Thomas G. Lane. All Rights Reserved except as specified.
Copyright (c) 2000-2002 Glenn Randers-Pehrson.
4.5 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. Licensee agrees to comply strictly with all such regulations and acknowledges that Licensee has the responsibility to obtain licenses to export, re-export, or import the Awesomium software.
4.6 Infringement. Licensee agrees to promptly notify Khrona if it becomes aware of any third party that infringes Khrona's intellectual property rights, including misappropriation of the Awesomium software or violations of an End User license agreement (an "Infringement"). Khrona, at its discretion, shall have the right, but not the obligation, to enforce intellectual property rights against any Infringement. Khrona shall solely control any such enforcement action.
4.7 Update Contact Information. Licensee shall promptly report to Khrona any change in mailing address, name or company affiliation during the period of this Agreement, and Licensee also shall promptly report when, and if, Licensee discontinues its development and marketing of the Awesomium software, and/or when Licensee discontinues its efforts to bring the Licensed Products to practical application.
ARTICLE 5
[THIS SECTION INTENTIONALLY RESERVED.]
ARTICLE 6
PAYMENTS AND ROYALTY
6.1 Payment. No payment or royalty is required for this Free License Agreement. For Commercial purposes or additional license rights, please contact Khrona: Khrona LLC, 15822 Jamie Lee Drive, Houston, Texas 77095, or through e-mail: sales@awesomium.com.
ARTICLE 7
REPRESENTATIONS AND WARRANTIES
7.1 LIMITATION OF WARRANTY; "AS IS". THE AWESOMIUM SOFTWARE, INCLUDING, WITHOUT LIMITATION, ALL SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLY 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 LICENSEE 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 LICENSEE 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 AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
7.2 Maximum Liability. Regardless of the basis on which a claim is made (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), Khrona's maximum liability under this Agreement is further limited to the lesser of: the amount paid or due Khrona under this Agreement, or twenty-five US Dollars (USD$25.00). This limitation shall not apply to any claim based on an indemnity in ARTICLE 8 below.
ARTICLE 8
INDEMNIFICATION
8.1 Indemnification by Licensee. Provided that Khrona provides prompt and reasonable notice to Licensee, then Licensee shall defend and indemnify Khrona from and against any and all claims for damages, losses, liabilities, costs and expenses (including reasonable legal fees and expenses), deficiencies, including interest and penalties imposed or assessed by any judicial or administrative body, including, all amounts paid in investigation, defense or settlement of the foregoing, (collectively, the "Losses") incurred by Khrona that arise out of:
8.1.1 any breach of Licensee's obligations in ARTICLE 4; or
8.1.2 any breach of the confidentiality obligations under ARTICLE 9 by Licensee, its Affiliates, employees, or contractors; or
8.1.3 any third-party claim of infringement or misappropriation that arises out of the Licensed Product due to use of the Awesomium software in combination with Licensee's software or technology.
8.2 Indemnification by Khrona. Provided that Licensee provides prompt and reasonable notice to Khrona, then Khrona shall defend and indemnify Licensee from and against all Losses incurred by Licensee that arise out of: any breach of the confidentiality obligations under ARTICLE 9 by Khrona, its Affiliates, employees, or contractors.
8.3 Party Seeking Indemnification. (a) If either Party seeks indemnification under the terms of this ARTICLE 8 (the "Indemnified Party") against the other Party (the "Indemnifying Party"), the Indemnified Party shall promptly notify the Indemnifying Party in writing of the third party claim or threatened third party claim it receives notice thereof, shall permit the Indemnifying Party, at the Indemnifying Party's cost and expense, to assume direction and control of the defense of the third party claim, and shall cooperate as requested (at the expense of the Indemnifying Party), in the defense of the claim.
8.3.1 The obligations of the Indemnifying Party to indemnify the Indemnified Party pursuant to Section 8.1 and Section 8.2 are conditioned upon the delivery of written notice to the Indemnifying Party of any asserted or threatened third party claim promptly after the Indemnified Party becomes aware of such third party claim; provided, that, the failure of the Indemnified Party to give such notice or any delay thereof shall not offset the Indemnified Party's right to indemnification hereunder, except to the extent that such failure or delay impairs the Indemnifying Party's ability to defend or contest any such third party claim.
ARTICLE 9
CONFIDENTIALITY
9.1 Non-use and Non-disclosure. Each Party agrees not to use any Confidential Information of the other Party for any purpose except for the purposes set forth in this Agreement. Each Party agrees not to disclose any Confidential Information of the other Party, except that, subject to Section 9.2 below, a receiving Party may disclose the other Party's Confidential Information (except Source Code unless otherwise specified in writing) to those employees of the receiving Party who are required to have the information for the purposes set forth in this Agreement, and relevant consultants, provided that the receiving Party first obtains a signed confidentiality agreement with terms similar to this Agreement from the consultants, such that consultants are under a confidentiality obligation to the receiving Party. If a receiving Party is required by law to make any disclosure that is prohibited or otherwise constrained by this Agreement, the receiving Party will provide the disclosing Party with prompt written notice of such requirement so that the disclosing Party may seek a protective order or other appropriate relief. Subject to the foregoing sentence, such receiving Party may furnish that portion (and only that portion) of the Confidential Information that the receiving Party is legally compelled or is otherwise legally required to disclose; provided, however, that the receiving Party provides such reasonable assistance as the disclosing Party may request in obtaining such order or other relief.
9.2 Maintenance of Confidentiality. Each Party agrees that it shall take reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information of the other Party. Without limiting the foregoing, each Party shall take at least those measures that it takes to protect its own confidential information of a similar nature, but in no case less than reasonable care (including, without limitation, all precautions the receiving Party employs with respect to its confidential materials). Prior to any disclosure of Confidential Information to its employees, each Party shall ensure that such employees who have access to the other Party's Confidential Information have signed a non-disclosure agreement in content similar to the provisions of this Agreement or are otherwise legally obligated not to disclose such Confidential Information. Each Party shall reproduce the other Party's proprietary rights notices on any photo or electronic copies, in the same manner in which such notices were set forth in or on the original. A Party receiving Confidential Information shall promptly notify the Party disclosing such Confidential Information of any use or disclosure of such Confidential Information in violation of this Agreement of which the receiving Party becomes aware.
9.3 Source Code. For purposes of clarity, any Source Code may not be disclosed by a receiving Party to any third party, including consultants under non-disclosure agreements, without the prior written consent of the disclosing Party.
9.4 Limitation on Copying. Other than Khrona's rights in the Improvements, the disclosing Party retains and owns all copyrights, rights in derivative works in the Confidential Information and the receiving Party hereby agrees not to copy the Confidential Information, in whole or in part, except as is necessary to perform its tasks under this Agreement.
9.5 Return of Materials. All documents and other tangible objects containing or representing Confidential Information that have been disclosed by either Party to the other Party, shall be and remain the property of the disclosing Party and shall be promptly returned to the disclosing Party upon the disclosing Party's written request. Notwithstanding the foregoing, one (1) copy of any written or photographic Confidential Information provided by the other Party may be retained by the receiving Party for archival purposes only.
9.6 Duration. The confidentiality obligations of each receiving Party under this Agreement shall survive until such time as all Confidential Information of the other Party disclosed hereunder becomes publicly known and made generally available through no action or inaction of the receiving Party. The obligations to hold information in confidence as required by ARTICLE 9 also shall survive any termination of this Agreement.
9.7 Duty to Notify of Confidentiality Breach. Either Party shall immediately provide written notice to the other Party of any breach of this ARTICLE 9, specifying the specific nature of the breach. The breaching Party shall then have thirty (30) days to reasonably cure the breach. Should such breach not be reasonably cured within sixty (60) days from receipt of such notice, then the non-breaching Party may terminate this Agreement.
9.8 Availability of Equitable Relief. Each Party understands and agrees that its breach or threatened breach of this Agreement will cause irreparable injury to the other Party and that money damages will not provide an adequate remedy for such breach or threatened breach, and both parties hereby agree that, in the event of such a breach or threatened breach, the non-breaching Party will also be entitled, without the requirement of posting a bond or other security, to equitable relief, including injunctive relief and specific performance. The Parties' rights under this Agreement are cumulative, and a Party's exercise of one right shall not waive the Party's right to assert any other legal remedy.
ARTICLE 10
TERM AND TERMINATION
10.1 Term. This Agreement will be for a term beginning on the Effective Date and will continue in effect unless otherwise terminated as provided by under Section 9.7 or as provided for in this ARTICLE 10, including:
10.1.1 Termination by Licensee. Licensee may terminate this Agreement by providing Khrona with thirty (30) days prior written notice intent to terminate.
10.1.2 Termination by Khrona. Khrona may terminate this Agreement with notification to Licensee of any breach of Licensee's obligations in ARTICLE 4 if such breach is not reasonably cured within thirty (30) days from receipt of such notice.
10.2 Effect of Termination. Upon termination or expiration of this Agreement, (1) the licenses granted to Licensee herein shall immediately cease; (2) if Licensee has decided to use the Trademark, Licensee shall immediately cease and desist from using the Trademark in conjunction with any future marketing and advertising activities; and (3) any license fee, consulting fee, or other payment owed by Licensee to Khrona shall become immediately due and payable.
10.3 Surviving Provisions. Notwithstanding any provision herein to the contrary, the rights and obligations of the Parties set forth in Articles 3, 7, 8, 9, 10 and 11, as well as any rights or obligations otherwise accrued hereunder, including any accrued payment obligations, shall survive the expiration or termination of the Term.
ARTICLE 11
GENERAL PROVISIONS
11.1 Severability. If any provision(s) of this Agreement are deemed to be unenforceable or are or become invalid, or are ruled illegal by any court of appropriate jurisdiction under then current applicable law from time to time in effect during the Term hereof, it is the intention of the Parties that the remainder of this Agreement shall not be affected thereby provided that a Party's rights under this Agreement are not materially affected. The Parties hereto covenant and agree to renegotiate any such term, covenant or application thereof in good faith in order to provide a reasonably acceptable alternative to the term, covenant or condition of this Agreement or the application thereof that is invalid, illegal or unenforceable, it being the intent of the Parties that the basic purposes of this Agreement are to be effectuated.
11.2 Venue and Jurisdiction. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Texas, without reference to its conflicts of laws and choice of law rules or principles. Any disputes arising hereunder shall be adjudicated in Harris County, Texas, which state or federal courts having appropriate jurisdiction shall have exclusive jurisdiction over such dispute(s) but not including any appeals from decisions therefrom.
11.3 Notification. All notices, requests and other communications hereunder shall be in writing, shall be addressed to the receiving Party's address set forth below or as otherwise provided by Licensee to Khrona, or to such other address as a Party may designate by notice hereunder, and shall be either: (a) delivered by hand; (b) made by facsimile transmission (to be followed with written fax confirmation); (c) sent by private courier service providing evidence of receipt; or (d) sent by registered or certified mail, return receipt requested, postage prepaid. The addresses and other contact information for the Parties are as follows:
If to Khrona:
Mr. John Simmons
15822 Jamie Lee Drive
Houston, Texas 77095
All notices, requests and other communications hereunder shall be deemed to have been given either: (a) if by hand, at the time of the delivery thereof to the receiving Party at the address of such Party set forth above; (b) if made by telecopy or facsimile transmission, at the time that receipt thereof has been acknowledged by the recipient; (c) if sent by private courier, on the day such notice is delivered to the recipient; or (d) if sent by registered or certified mail, on the fifth (5th) business day following the day such mailing is made.
11.4 Entire Agreement. This is the entire Agreement between the Parties with respect to the subject matter hereof and supersedes all prior representations, understandings and agreements between the Parties with respect to the subject matter hereof. No modification shall be effective unless in writing with specific reference to this Agreement and signed by the Parties.
11.5 Waiver. The terms or conditions of this Agreement may be waived only by a non-electronic written instrument executed by the Party waiving compliance. The failure of either Party at any time or times to require performance of any provision hereof shall in no manner affect its rights at a later time to enforce the same. No waiver by either Party of any condition or term shall be deemed as a continuing waiver of such condition or term or of another condition or term.
11.6 Headings. Section and subsection headings are inserted for convenience of reference only and do not form part of this Agreement.
11.7 Assignment. Neither this Agreement nor any right or obligation hereunder may be assigned, delegated or otherwise transferred, in whole or part, by either Party without the prior express written consent of the other provided, provided, however, that either Party may, without the prior written consent of the other Party, assign this Agreement and its rights and delegate its obligations hereunder to its Affiliates, and may assign this Agreement in conjunction with an acquisition, merger, sale of substantially all of its assets, or other business combination. Any permitted assignee shall assume all obligations of its assignor under this Agreement. Any purported assignment in violation of this Section 11.7 shall be void. The terms and conditions of this Agreement shall be binding upon and inure to the benefit of the permitted successors and assigns of the Parties.
11.8 Force Majeure. Neither Party shall be liable for failure of or delay in performing obligations set forth in this Agreement, and neither shall be deemed in breach of its obligations, if such failure or delay is due to natural disasters, acts of terrorism or any other causes beyond the reasonable control of such Party. In event of such force majeure, the Party affected thereby shall use reasonable efforts to cure or overcome the same and resume performance of its obligations hereunder.
11.9 Construction. The Parties hereto acknowledge and agree that: (i) each Party and its counsel reviewed and negotiated the terms and provisions of this Agreement and have contributed to its revision; (ii) the rule of construction to the effect that any ambiguities are resolved against the drafting Party shall not be employed in the interpretation of this Agreement; and (iii) the terms and provisions of this Agreement shall be construed fairly as to all Parties hereto and not in favor of or against any Party, regardless of which Party was generally responsible for the preparation of this Agreement.
11.10 Status. Nothing in this Agreement is intended or shall be deemed to constitute a partner, agency, employer-employee, or joint venture relationship between the Parties.
11.11 Further Assurances. Each Party agrees to execute, acknowledge and deliver such further instructions, and to do all such other acts, as may be reasonably necessary or appropriate in order to carry out the purposes and intent of this Agreement.
11.12 Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
11.13 Negotiation and Mediation. If an issue arises over the subject matter of this Agreement, before initiating litigation, the Parties hereby agree to attempt in good faith to settle any disputes or issues through mediation, including a direct exchange between chief executives, at least thirty (30) days prior to any filing suit.
EXHIBIT A
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 PERMISSIBLY 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) 1998-2004 David Turner and Werner Lemberg
Copyright (c) 2006 Behdad Esfahbod
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 Original Code is ______________________________________.
The Initial Developer of the Original Code is ______________. Portions created by the Initial Developer are Copyright (C) ____. All Rights Reserved.
Contributor(s): _______________.
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
Simon-Pierre Cadieux
Eric S. Raymond
Gilles Vollant
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:
Tom Lane
Glenn Randers-Pehrson
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:
John Bowler
Kevin Bracey
Sam Bushell
Magnus Holmgren
Greg Roelofs
Tom Tanner
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:
Andreas Dilger
Dave Martindale
Guy Eric Schalnat
Paul Schmidt
Tim Wegner
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:
printf("%s",png_get_copyright(NULL));
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.
Glenn Randers-Pehrson
glennrp at users.sourceforge.net
September 10, 2009
The Apache 2.0 License.
Apache License, Version 2.0
Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"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.
4. Redistribution.
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.
6. Trademarks.
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 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.
/end