BUT OPEN SOURCE LICENSE
Version 1.
Copyright (c) 2010, Brno University of Technology, Antonínská 548/1, 601 90, Czech Republic
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BY INSTALLING, COPYING OR OTHER USES OF SOFTWARE YOU ARE DECLARING THAT
YOU AGREE WITH THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT. IF
YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, DO NOT INSTALL, COPY OR
USE THE SOFTWARE.
IF YOU DO NOT POSSESS A VALID LICENCE, YOU ARE NOT AUTHORISED TO INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.
Definitions:
For the purpose of this agreement, Software shall mean a
computer program (a group of computer programs functional as a unit)
capable of copyright protection and accompanying documentation.
Work based on Software shall mean a work containing Software or a
portion of it, either verbatim or with modifications and/or translated
into another language, or a work based on Software. Portions of work
not containing a portion of Software or not based on Software are not
covered by this definition, if it is capable of independent use and
distributed separately.
Source code shall mean all the source code for all modules of
Software, plus any associated interface definition files, plus the
scripts used to control compilation and installation of the executable
program. Source code distributed with Software 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 program runs.
Anyone who uses Software becomes User. User shall abide by this licence agreement.
BRNO UNIVERSITY OF TECHNOLOGY GRANTS TO USER A LICENCE TO USE SOFTWARE ON THE FOLLOWING TERMS AND CONDITIONS:
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User may use Software for any purpose, commercial or non-commercial, without a need to pay any licence fee.
- User may copy and distribute verbatim copies of executable Software
with source code as he/she received it, in any medium, provided that
User conspicuously and appropriately publishes on each copy an
appropriate copyright notice and disclaimer of warranty; keeps intact
all the notices that refer to this licence and to the absence of any
warranty; and give any other recipients of Software a copy of this
licence along with Software. User may charge a fee for the physical act
of transferring a copy, and may offer warranty protection in exchange
for a fee.
- User may modify his/her copy or copies of Software or
any portion of it, thus forming a work based on Software, and copy and
distribute such modifications or work, provided that User clearly states
this work is modified Software. These modifications or work based on
software may be distributed only under the terms of section 2 of this
licence agreement, regardless if it is distributed alone or together
with other work. Previous sentence does not apply to mere aggregation of
another work not based on software with Software (or with a work based
on software) on a volume of a storage or distribution medium.
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User shall accompany copies of Software or work based on software in object or executable form with:
a) the complete corresponding machine-readable source code, which must
be distributed on a medium customarily used for software interchange;
or,
b) written offer, valid for at least three years, to give any third
party, for a charge no more than actual cost of physically performing
source distribution, a complete machine-readable copy of the
corresponding source code, to be distributed on a medium customarily
used for software interchange; or,
c) the information User received as to the offer to distribute
corresponding source code. (This alternative is allowed only for
noncommercial distribution and only if User received the program in
objects code or executable form with such an offer, in accord with
subsection b above.)
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User may not copy, modify, grant sublicences or distribute Software in
any other way than expressly provided for in this licence agreement.
Any other copying, modifying, granting of sublicences or distribution of
Software is illegal and will automatically result in termination of the
rights granted by this licence. This does not affect rights of third
parties acquired in good faith, as long as they abide by the terms and
conditions of this licence agreement.
-
User may not use and/or distribute Software, if he/she cannot satisfy
simultaneously obligations under this licence and any other pertinent
obligations.
-
User is not responsible for enforcing terms of this agreement by third parties.
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BECAUSE SOFTWARE IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR
SOFTWARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
OTHER-WISE STATED IN WRITING, BUT PROVIDES SOFTWARE "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
SOFT-WARE IS WITH USER. SHOULD SOFTWARE PROVE DEFECTIVE, USER SHALL
ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL BRNO UNIVERSITY OF TECHNOLOGY BE LIABLE FOR DAMAGES, INCLUDING ANY
GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
USE OR INABILITY TO USE SOFTWARE (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 SOFTWARE TO OPERATE WITH ANY OTHER
PRO-GRAMS).
Final provisions:
Any provision of this licence agreement that is prohibited,
unenforceable, or not authorized in any jurisdiction shall, as to such
jurisdiction, be ineffective to the extent of such prohibition,
unenforceability, or non-authorization without invalidating or affecting
the remaining provisions.
This licence agreement provides in essentials the same extent of rights
as the terms of GNU GPL version 2 and Software fulfils the requirements
of Open Source software.
This agreement is governed by law of the Czech Republic. In case of a
dispute, the jurisdiction shall be that of courts in the Czech Republic.
By installing, copying or other use of Software User declares he/she
has read this terms and conditions, under-stands them and his/her use of
Software is a demonstration of his/her free will absent of any
duress. |