This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Anonymizer, Inc. (“Anonymizer”) for personal non-commercial use of the Anonymizer software that accompanies this EULA (the “Software”) and the Anonymizer internet-based non-attribution services (the “Services”). Please read this EULA carefully before purchasing, downloading or using the Anonymizer Software or Services. By clicking the “Place Your Order” or “Download” buttons or otherwise indicating assent electronically, downloading or installing the Software, or by using or accessing the Anonymizer Software or Services, you acknowledge that you are of legal age to enter into a binding agreement, that you are indicating that you have read this EULA, that you understand it, and that you consent to be bound by all of its terms and conditions, including but not limited to the warranty disclaimers, the limitations of liability and termination provisions below. If you do not agree to this EULA, Anonymizer will not and does not license the Anonymizer Software or Services to you and you must not click on the “Place Your Order” button, download, access or install the Software or use the Software or the Services and you must delete any copies of the Software from your device. If you purchased an annual subscription directly from Anonymizer and you desire a refund, contact Anonymizer customer service via email at email@example.com. If you acquired your annual subscription from a reseller or distributor, contact that reseller or distributor for information on how to obtain a refund. Refunds are not available for monthly subscriptions. Refunds are less any applicable taxes except in certain states and countries where taxes are refundable. Any request for a refund for a purchase made directly from Anonymizer must be made within forty-five (45) days following the date of purchase. Any request for a refund for a purchase made from a reseller or distributor shall be subject to the refund policies (including but not limited to time deadlines) of the reseller or distributor.
Subscription; Grant of License
Description of Other Rights and Limitations
Events Beyond Anonymizer’s Control
Notwithstanding anything to the contrary contained in this EULA or elsewhere in the Documentation or any other document relating to the Software or Services, Anonymizer shall not be liable for any disruption in the Services caused by factors outside of Anonymizer’s control, including but not limited to, any problems with your computing or network infrastructure, hardware or software, problems with your Internet Service Provider (ISP), or electrical outage. Without limiting the generality of the foregoing, Anonymizer shall not be held responsible for any internet accessibility issues beyond the control of Anonymizer including but not limited to service outages by utility providers or other third party service providers, service outages affecting you or any internet query target destination and any blocking or accessibility problems arising at any internet query target destination.
System Capacity; Excessive Queries to a Single URL
Anonymizer’s Services have sufficient capacity to accommodate average non-commercial use by its customers, but from time to time you may temporarily experience slower service, or service unavailability, during periods of extraordinarily heavy usage of the Anonymizer Services. No such temporary slowdown or unavailability shall constitute a breach or default by Anonymizer of its obligations hereunder. In addition, Anonymizer reserves the right to suspend or limit your use of the Services in the event you make use of the Services beyond normal non-commercial usage or any agreed bandwidth limitation set forth in the Documentation, or if you excessively access a particular URL target. You acknowledge that such suspension or limitation may be necessary to avoid having your use result in restricting, disrupting, degrading or impeding Anonymizer’s ability to deliver the Services to its other customers, or to avoid the blocking by a particular URL target of internet protocol addresses utilized by Anonymizer in providing Services to you and Anonymizer’s other customers. No such suspension or limitation of the Services by Anonymizer shall constitute a breach or default by Anonymizer of its obligations hereunder. Anonymizer reserves the right to establish specific bandwidth usage limitations determined in Anonymizer’s reasonable discretion as may be necessary in Anonymizer’s judgment to reduce or avoid degradation of the Services.
Reservation of Rights and Ownership
Anonymizer reserves all rights not expressly granted to you in this EULA. The Software and Services are protected by copyright and other intellectual property laws and treaties. You agree that Anonymizer or its licensors own the title, copyright, and other intellectual property rights in the Software and Services. The Software and access to the Services are licensed, not sold, to you and are subject to the provisions of this EULA. You may choose to, but are not required to, provide suggestions, data, or other information to Anonymizer regarding possible improvements, enhancements, changes, alternations or corrections in the operation, functionality or use of Software or Services, whether in the course of receiving Services, evaluating or using Software, including beta Software; and as a result, any inventions, concepts, ideas, methods, improvements, modifications or developments that are based on or arises from the Software, Services, modifications or foregoing provided items shall be considered to be the exclusive property of Anonymizer, and Anonymizer may assert any proprietary interest, whether statutory or common law, it deems appropriate thereto. This EULA does not grant you any rights to trademarks or service marks of Anonymizer.
Limitations on Reverse Engineering and Other License Restrictions
You may not reverse engineer, decompile, or disassemble the Software or Services, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You are not authorized to disclose, disseminate, distribute, make generally available, sublicense or transfer in any manner, in-whole or in-part, the Software or the Services. Except as otherwise specifically permitted in this EULA, you may not: modify or create any derivative works of the Software or Services; copy the Software; sublicense the Software or Services; transfer the Software under any circumstances; copy, alter, translate, modify, change, or create derivative works or improvements of the Software or the Services; enhance, improve, or add value to the Software or the Services; enhance, improve, or add value to the Software or the Services; combine the Software and Services or any part thereof with any other software program; or remove or alter any Anonymizer trademark, logo, copyright or other proprietary notices, legends, or symbols. You may not rent, lease, lend or provide commercial hosting services with the Software or Services. The Software and the Services provided to you by Anonymizer constitute confidential proprietary information of Anonymizer. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Anonymizer. You agree to implement reasonable security measures to protect such confidential information. You will use your best efforts to cooperate with and assist Anonymizer in identifying and preventing any unauthorized use, copying, or disclosure of any Anonymizer confidential information.
This EULA applies to updates, supplements, add-on components, or internet-based service components, of the Software and Services that Anonymizer may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms. Anonymizer reserves the right to discontinue Services provided to you or made available to you through the use of the Software at the end of your subscription period.
Privacy; Data Protection
From time to time Anonymizer may collect and use personal information about you as detailed below in this section.
Technical Support; Contact Information
In connection with your use of the Software and Services you may choose to access certain technical support (“technical support”) that may be offered by Anonymizer. Any such technical support shall be provided in Anonymizer’s sole discretion without any guarantee or warranty of any kind. It is solely your responsibility to complete a backup of all your existing data, software and programs. In the course of providing any technical support, Anonymizer may determine that the technical issue is beyond the scope of its technical support capabilities. Anonymizer reserves the right to refuse, suspend or terminate any of the technical support in its sole discretion. To contact Anonymizer regarding this EULA or the software or services, or to renew your license subscription, send an email to Anonymizer at firstname.lastname@example.org.
You agree to comply with all applicable U.S. and foreign laws that apply to the Software and Services, including the U.S. Export Administration Regulations (“EAR”), as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. You acknowledge that the Software, Services, Documentation and related technical data and services (collectively “controlled technology”) may be subject to the import and export laws of the United States, specifically the EAR, and the laws of any country where controlled technology is imported or re-exported. You agree to comply with all relevant laws and will not export any controlled technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required.
Term and Termination
Limitation of Liability
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or otherwise), the entire liability of Anonymizer and any of its suppliers, distributors or resellers in connection with this EULA, the Documentation, or otherwise relating to the Software and the Services, and your exclusive remedy (except for any remedy of repair or replacement elected by Anonymizer with respect to any breach of the limited warranty) shall be limited to the greater of (1) the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software and Services during the single Service Period that the damages were first incurred, or (2) U.S. $5.00. The foregoing limitations, exclusions and disclaimers and the Disclaimer of Warranties section below shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Disclaimer of Warranties
THE SOFTWARE, SERVICES AND ANY MODIFICATIONS ARE PROVIDED “AS IS”; AND YOU DISCLAIM ANY AND ALL OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED (WRITTEN OR ORAL), WITH RESPECT TO THE SOFTWARE AND THE SERVICES INCLUDING THAT THE SOFTWARE OR SERVICES WILL OPERATE UNINTERRUPTED OR ERROR FREE, BE FREE OF ANY OMISSION, INACCURACY, DEFECT, COMPUTER VIRUS OR OTHER OPERATIONAL, FUNCTIONAL OR PERFORMANCE PROBLEM, OR THAT ANY DEFECT IN THE SOFTWARE OR SERVICES WILL BE CORRECTED; OR THAT THE SOFTWARE OR SERVICES WILL BE FREE OF ANY COMMON LAW OR STATUTORY INTELLECTUAL PROPERTY INFRINGEMENT; OR THAT THE SOFTWARE OR SERVICES IS MERCHANTABLE OR FIT OR SUITABLE FOR A PARTICULAR PURPOSE OR LICENSED APPLICATION; OR THAT THE FUNCTIONS IN THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, EVEN IF YOU HAVE BEEN INFORMED OF ANY BUSINESS OR TECHNICAL NEED OR REQUIREMENT BY ANONYMIZER FOR THE SOFTWARE OR SERVICES; OR THAT THE SOFTWARE OR SERVICES HAS ANY ASSOCIATED OBLIGATIONS ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY END USER, OR AN AUTHORIZED ANONYMIZER REPRESENTATIVE, SHALL CREATE ANY OTHER WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTY RECITED HEREIN. ADDITIONALLY, YOU RECEIVE NO WARRANTY, EXPRESS OR IMPLIED, FROM ANY THIRD – PARTY SOFTWARE THAT MAY BE PROVIDED UNDER THIS AGREEMENT. YOU SHALL BE RESPONSIBLE FOR ADEQUATELY SAFEGUARDING (SUCH AS ARCHIVING) YOUR DATA AND OTHER SOFTWARE USED IN CONJUNCTION WITH THE SOFTWARE OR SERVICES. ANONYMIZER, AND ANY THIRD-PARTY SOFTWARE PROVIDER, ASSUMES NO LIABILITY FOR ANY CORRUPTION, ERASURE, MISHANDLING, OR THE LIKE OF YOUR DATA OR OTHER SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. FURTHER, YOU ACKNOWLEDGE THAT ANONYMIZER UNDER THIS AGREEMENT OFFERS NO WARRANTIES WITH RESPECT TO: (A) SERVICES RENDERED HEREUNDER; (B) SOFTWARE WHICH IS LICENSED AT NO CHARGE; OR (C) BETA SOFTWARE, ALL OF WHICH ARE PROVIDED “AS IS.”
Exclusion of Incidental, Consequential and Certain Other Damages
To the maximum extent permitted by applicable law, in no event shall Anonymizer or its suppliers, distributors and resellers be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Software or the Services, the provision of or failure to provide support or other services, information, software, and related content through the Software or Services or otherwise arising out of the use of the Software or Services, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of Anonymizer or any supplier, and even if Anonymizer or any supplier has been advised of the possibility of such damages.
You shall not transfer, assign or hypothecate, in whole or in part, this Agreement or any rights or obligations hereunder; except to a party that acquires substantially all of the assets of You, or to a party where You are the subject of a merger or acquisition, or where You are reorganized; provided that, the acquiring party agrees, in writing, to be bound by all the terms and conditions of this Agreement, without change. In the event of any permitted assignment or transfer of this Agreement or the obligations under this Agreement, the parties agree that such obligations shall be binding upon the assignee’s or transferee’s executors, administrators, legal representatives, or emerging or resulting entity, and the rights of assignor or transferor shall inure to the benefit of assignee or transferee.
This Agreement shall be interpreted and construed in accordance with the laws of the Commonwealth of Virginia and of the United States, as applicable, without regard to the applicability of the conflict of law principles, which applicability is expressly excluded.
Entire Agreement; Severability
This EULA is the entire agreement between you and Anonymizer relating to the Software and the Services and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the subject matter covered by this EULA. To the extent the terms of any Anonymizer policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
The software is bundled with openvpn. OpenVPN is licensed under, and the use of OpenVPN is governed by, the OpenVPN gnu general public license, which may be found as part of the software installation on your computer, and is reproduced below. To the extent the OpenVPN license requires that source code be made available, Anonymizer, inc. Agrees to provide a copy of the source code and modifications (if any) via electronic download. To request source code under the OpenVPN license, please email email@example.com. The OpenVPN license terms and conditions follow.
This distribution contains components from the open source openvpn project. By accepting this eula, you also agree to the terms of the OpenVPN license, as follows:
OpenVPN™ — an open source vpn daemon
Copyright © 2002-2010 OpenVPN technologies, inc. < sales@openvpn.Net >
This distribution contains multiple components, some of which fall under different licenses. By using OpenVPN or any of the bundled components enumerated below, you agree to be bound by the conditions of the license for each respective component.
“OpenVPN” is a trademark of openvpn technologies, inc.
OpenVPN is distributed under the gpl license version 2 (see below).
Special exception for linking OpenVPN with openssl:
In addition, as a special exception, OpenVPN technologies, inc. Gives permission to link the code of this program with the openssl library (or with modified versions of openssl that use the same license as openssl), and distribute linked combinations including the two. You must obey the gnu general public license in all respects for all of the code used other than openssl. If you modify this file, you may extend this exception to your version of the file, but you are not obligated to do so. If you do not wish to do so, delete this exception statement from your version.
Lzo is copyright © markus f.X.J. Oberhumer, and is licensed under the gpl.
Special exception for linking openvpn with both openssl and lzo:
Hereby i grant a special exception to the openvpn project (http://openvpn.Net/) to link the lzo library with the openssl library (http://www.Openssl.Org).
Markus f.X.J. Oberhumer
Tap-win32/tap-win64 driver license
This device driver was inspired by the cipe-win32 driver by damion k. Wilson.
The source and object code of the tap-win32/tap-win64 driver is copyright © 2002-2010 openvpn technologies, inc., and is released under the gpl version 2 (see below).
Windows ddk Samples
The windows binary distribution includes devcon.Exe, a Microsoft ddk sample which is redistributed under the terms of the ddk eula.
The openssl toolkit stays under a dual license, i.E. Both the conditions of the openssl license and the original ssleay license apply to the toolkit. See below for the actual license texts. Actually both licenses are bsd-style open source licenses. In case of any license issues related to openssl please contact openssl-core@openssl.Org.
Copyright © 1998-2003 the openssl 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:
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.
All advertising materials mentioning features or use of this software must display the following acknowledgment:
“this product includes software developed by the openssl project for use in the openssl toolkit. (http://www.Openssl.Org/)”
The names “openssl toolkit” and “openssl project” must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact openssl-core@openssl.Org.
Products derived from this software may not be called “openssl” nor may “openssl” appear in their names without prior written permission of the openssl project.
Redistributions of any form whatsoever must retain the following acknowledgment:
“This product includes software developed by the openssl project for use in the openssl toolkit (http://www.Openssl.Org/)”
This software is provided by the openssl project “as is” and any expressed 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 openssl project or its 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 product includes cryptographic software written by eric young (eay@cryptsoft.Com). This product includes software written by tim hudson (tjh@cryptsoft.Com).
Original ssleay license
Copyright © 1995-1998 eric young (eay@cryptsoft.Com)
All rights reserved.
This package is an ssl implementation written by eric young (eay@cryptsoft.Com).
The implementation was written so as to conform with netscape’s ssl.
This library is free for commercial and non-commercial use as long as the following conditions are adhered to. The following conditions apply to all code found in this distribution, be it the rc4, rsa, lhash, des, etc., code; not just the ssl code. The ssl documentation included with this distribution is covered by the same copyright terms except that the holder is tim hudson (tjh@cryptsoft.Com).
Copyright remains eric young’s, and as such any copyright notices in the code are not to be removed. If this package is used in a product, eric young should be given attribution as the author of the parts of the library used. This can be in the form of a textual message at program startup or in documentation (online or textual) provided with the package.
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 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.
All advertising materials mentioning features or use of this software must display the following acknowledgement:
“this product includes cryptographic software written by eric young (eay@cryptsoft.Com)”
The word ‘cryptographic’ can be left out if the routines from the library being used are not cryptographic related :-).
If you include any windows specific code (or a derivative thereof) from the apps directory (application code) you must include an acknowledgement:
“this product includes software written by tim hudson (tjh@cryptsoft.Com)”
This software is provided by eric young “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 author 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.
The license and distribution terms for any publicly available version or derivative of this code cannot be changed. I.E. This code cannot simply be copied and put under another distribution license [including the gnu public license.]
Gnu public license (gpl)
Openvpn, lzo, and the tap-win32 distributions are licensed under the gpl version 2, which is reproduced below.
Gnu general public license
Version 2, june 1991
Copyright © 1989, 1991 free software foundation, inc.
59 temple place, suite 330, boston, ma 02111-1307 usa
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
The licenses for most software are designed to take away your freedom to share and change it. By contrast, the gnu general public license is intended to guarantee your freedom to share and change free software–to make sure the software is free for all its users. This general public license applies to most of the free software foundation’s software and to any other program whose authors commit to using it. (some other free software foundation software is covered by the gnu library general public license instead.) you can apply it to your programs, too.
When we speak of free software, we are referring to freedom, not price. Our general public licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.
For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.
We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.
Also, for each author’s protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors’ reputations.
Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone’s free use or not licensed at all.
The precise terms and conditions for copying, distribution and modification follow.
Gnu General Public License
Terms and conditions for copying, distribution and modification
This license applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this general public license. The “program”, below, refers to any such program or work, and a “work based on the program” means either the program or any derivative work under copyright law: that is to say, a work containing the program or a portion of it, either verbatim or with modifications and/or translated into another language. (hereinafter, translation is included without limitation in the term “modification”.) each licensee is addressed as “you”.
Activities other than copying, distribution and modification are not covered by this license; they are outside its scope. The act of running the program is not restricted, and the output from the program is covered only if its contents constitute a work based on the program (independent of having been made by running the program). Whether that is true depends on what the program does.
You may copy and distribute verbatim copies of the program’s source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this license and to the absence of any warranty; and give any other recipients of the program a copy of this license along with the program.
You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
You may modify your copy or copies of the program or any portion of it, thus forming a work based on the program, and copy and distribute such modifications or work under the terms of section 1 above, provided that you also meet all of these conditions:
You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this license.
If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this license. (exception: if the program itself is interactive but does not normally print such an announcement, your work based on the program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the program, and can be reasonably considered independent and separate works in themselves, then this license, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the program, the distribution of the whole must be on the terms of this license, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the program.
In addition, mere aggregation of another work not based on the program with the program (or with a work based on the program) on a volume of a storage or distribution medium does not bring the other work under the scope of this license.
You may copy and distribute the program (or a work based on it, under section 2) in object code or executable form under the terms of sections 1 and 2 above provided that you also do one of the following:
Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of sections 1 and 2 above on a medium customarily used for software interchange; or,
Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of sections 1 and 2 above on a medium customarily used for software interchange; or,
Accompany it with the information you received as to the offer to distribute corresponding source code. (this alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with subsection b above.)
The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.
If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.
You may not copy, modify, sublicense, or distribute the program except as expressly provided under this license. Any attempt otherwise to copy, modify, sublicense or distribute the program is void, and will automatically terminate your rights under this license. However, parties who have received copies, or rights, from you under this license will not have their licenses terminated so long as such parties remain in full compliance.
You are not required to accept this license, since you have not signed it. However, nothing else grants you permission to modify or distribute the program or its derivative works. These actions are prohibited by law if you do not accept this license. Therefore, by modifying or distributing the program (or any work based on the program), you indicate your acceptance of this license to do so, and all its terms and conditions for copying, distributing or modifying the program or works based on it.
Each time you redistribute the program (or any work based on the program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the program subject to these terms and conditions. You may not impose any further restrictions on the recipients’ exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this license.
If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this license, they do not excuse you from the conditions of this license. If you cannot distribute so as to satisfy simultaneously your obligations under this license and any other pertinent obligations, then as a consequence you may not distribute the program at all. For example, if a patent license would not permit royalty-free redistribution of the program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this license would be to refrain entirely from distribution of the program.
If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this license.
If the distribution and/or use of the program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the program under this license may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this license incorporates the limitation as if written in the body of this license.
The free software foundation may publish revised and/or new versions of the general public license from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the program specifies a version number of this license which applies to it and “any later version”, you have the option of following the terms and conditions either of that version or of any later version published by the free software foundation. If the program does not specify a version number of this license, you may choose any version ever published by the free software foundation.
If you wish to incorporate parts of the program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the free software foundation, write to the free software foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.
Because the program is licensed free of charge, there is no warranty for the program, to the extent permitted by applicable law. Except when otherwise stated in writing the copyright holders and/or other parties provide the program “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the program is with you. Should the program prove defective, you assume the cost of all necessary servicing, repair or correction.
In no event unless required by applicable law or agreed to in writing will any copyright holder, or any other party who may modify and/or redistribute the program as permitted above, be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the program (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the program to operate with any other programs), even if such holder or other party has been advised of the possibility of such damages.
End of terms and conditions
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the “copyright” line and a pointer to where the full notice is found.
<one line to give the program’s name and a brief idea of what it does.>
Copyright © <year> <name of author>
This program is free software; you can redistribute it and/or modify it under the terms of the gnu general public license version 2 as published by the free software foundation.
This program is distributed in the hope that it will be useful, but without any warranty; without even the implied warranty of merchantability or fitness for a particular purpose. See the gnu general public license for more details.
You should have received a copy of the gnu general public license along with this program; if not, write to the free software foundation, inc., 59 temple place, suite 330, boston, ma 02111-1307 usa
Also add information on how to contact you by electronic and paper mail.
If the program is interactive, make it output a short notice like this when it starts in an interactive mode:
Gnomovision version 69, copyright © year name of author
Gnomovision comes with absolutely no warranty; for details type ‘show w’.
This is free software, and you are welcome to redistribute it under certain conditions; type ‘show c’ for details.
The hypothetical commands ‘show w’ and ‘show c’ should show the appropriate parts of the general public license. Of course, the commands you use may be called something other than ‘show w’ and ‘show c’; they could even be mouse-clicks or menu items–whatever suits your program.
You should also get your employer (if you work as a programmer) or your school, if any, to sign a “copyright disclaimer” for the program, if necessary. Here is a sample; alter the names:
Yoyodyne, inc., hereby disclaims all copyright interest in the program
‘gnomovision’ (which makes passes at compilers) written by james hacker.
<signature of ty coon>, 1 April 1989
Ty coon, president of vice
This general public license does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the gnu library general public license instead of this license.
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Last Updated January 25, 2017