BUT OPEN SOURCE LICENCE Version 1. Copyright (c) 2011, Brno University of Technology, Antonínská 548/1, 601 90, Czech Republic --------------------------------------------------------------------------------------------------------------------------------------------------- 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 INSTAL, COPY OR
USE THE SOFTWARE. IF YOU DO NOT POSESS A VALID LICENCE, YOU ARE NOT AUTHORISED TO INSTAL, COPY OR OTHERWISE USE THE SOTWARE. 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 modifi-cations 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
distri-buted 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: - User may use Software for any purpose, commercial or non-commercial, without a need to pay any li-cence fee.
- User
may copy and distribute verbatim copies of executable Software with
source code as he/she re-ceived 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 li-cence 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 war-ranty 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.
- 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 corres-ponding
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 alterna-tive 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.) - User may not copy, modify, grant
sublicences or distribute Software in any other way than expressly
pro-vided 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 condi-tions 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.
- 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 PARTICU-LAR
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. |