| Terms and Conditions
READ CAREFULLY.
This Terms of Use Agreement ("Terms of Use") applies to use of the
Arcuk.org website located at http://www.arcuk.org (the "Site"). The
Site is the property of Arms Reduction Coalition. "Arcuk.org"). Before
you make any purchases, you must first establish a customer account ("My
Account"). By clicking "I have read, understand and agree to the terms
of use," you agree to these terms of use. If you do not agree, do not click on
the button and do not use the site.
Arcuk.org reserves the right, at its
sole discretion, to change, add or remove portions of this Terms of Use, at
any time. It is your responsibility to check this Terms of Use each time
before using the Site. Your continued use of the Site following the posting of
changes will mean that you accept and agree to the changes. You agree
that all subsequent purchases by you will be subject to the terms and
conditions of this Terms of Use, which shall apply until we post a modified
Terms of Use and then in accordance with such modified Terms of Use.
As long as you comply with this Terms of Use and any such modifications,
Arcuk.org grants you ("End User") a personal, non-exclusive,
non-transferable, non-sub licensable, limited privilege to enter and use the
Site.
1. Content; Copyright and Trademark
Notice. All media (downloaded or samples),
software, text, images, graphics, user interfaces, music, videos, photographs,
trademarks, logos, artwork and other content on the Site (collectively,
"Content"), including but not limited to the design, selection,
arrangement, and coordination of such Content on the Site is owned or licensed
by or to Arcuk.org, and is protected by copyright, trade dress, and trademark
laws, and various other intellectual property rights laws. Except as
expressly provided in this Terms of Use, no part of the Site and no Content
may be reproduced, recorded, retransmitted, sold, rented, broadcast,
distributed, published, uploaded, posted, publicly displayed, altered to make
new works, performed, digitized, compiled, translated or transmitted in any
way to any other computer, website or other medium or for any commercial
purpose, without Arcuk.org's prior express written consent or in contravention
of the GNU GENERAL PUBLIC
LICENSE. Except as expressly provided herein, you
are not granted any rights or license to patents, copyrights, trade secrets,
trade dress, rights of publicity or trademarks with respect to any of the
Content, and Arcuk.org reserves all rights not expressly granted hereunder.
Arcuk.org expressly disclaims all responsibility and liability for uses by you
of any Content obtained on or in connection with the Site.
Some Content on this site are
subject to the
GNU GENERAL PUBLIC LICENSE
(see below) which gives you rights to copy, modify
and distribute copies. This does not apply to Content on the Site owned or
licensed by Arcuk.org, in particular music and ARC logos. Arcuk.org accepts
and agrees to the terms of this License.
ARCUK.ORG is a trademarks or service
marks of the Arms Reduction Coalition. All custom graphics, icons, logos and
service names are registered trademarks, trademarks or service marks of
Arcuk.org. All other trademarks or service marks are property of their
respective owners. The use of any Arcuk.org trademark or service mark without
Arcuk.org's express written consent is strictly prohibited. Arcuk.org
acknowledges all trademarks or service marks used on this site.
2. Registration; Customer Accounts;
Use of Site. Certain services offered on or
through the Site require you to first open a My Account. You are responsible
for maintaining the confidentiality of your My Account information, including
your password, and for all activity that occurs under your account. You agree
to notify Arcuk.org immediately of any unauthorized use of your account or
password, or any other breach of security. You may be held liable for losses
incurred by Arcuk.org or any other user of the Site due to someone else using
your password or customer account. You may not use anyone else's password or
customer account at any time. You may not attempt to gain unauthorized access
to the Site. Should you attempt to do so, assist others in making such
attempts, or distributing instructions, software or tools for that purpose,
then your customer My Account will be terminated. You agree to provide us with
accurate, current and complete information about yourself and your billing
information as prompted by the registration process. You may update any of
your My Account information, designate a different credit card to be billed,
or change the applicable expiration date on your currently designated credit
card, by clicking on the My Account button and selecting the appropriate link.
You may not use any automatic device, program, algorithm or methodology, or
any similar or equivalent manual process, to access, acquire, copy, probe,
test or monitor any portion of the Site or any Content, or in any way
reproduce or circumvent the navigational structure or presentation of the Site
or any Content, to obtain or attempt to obtain any materials, documents or
information through any means not purposely made available through the Site.
You agree that you will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Site or any of the
systems or networks comprising or connected to the Site.
You also agree that Arcuk.org may, in
its sole discretion and without prior notice to you, terminate your access to
the Site and your My Account for any reason, including without limitation: (1)
attempts to gain unauthorized access to the Site or assistance to others'
attempting to do so, (2) overcoming software security features limiting use of
or protecting any Content, (3) discontinuance or material modification of the
Site or any service offered on or through the Site, (4) violations of this
Terms of Use, (5) failure to pay for purchases, (6) suspected or actual
copyright infringement, (7) unexpected operational difficulties, or (8)
requests by law enforcement or other government agencies. You agree that
Arcuk.org will not be liable to you or to any third party for termination of
your access to the Site.
3. Consent To Collection, Use &
Disclosure of Your Personal Information. As more
fully described in our Privacy Policy, you must disclose certain Personally
Identifiable Information to use our Site, register, and make purchases. As a
condition of registering with our Site or making any purchases of any products
and/or services or conduct any transactions, you represent that you have first
read our Privacy Policy and consent to the collection, use and disclosure of
your Personally Identifiable Information and Non-Personally Identifiable
Information as described in our Privacy Policy. Our Privacy Policy's terms and
conditions will change from time to time, and as a condition of browsing the
Site, using any features or making any purchase, you agree that you will first
review our Privacy Policy prior to making any initial or subsequent purchases.
While Arcuk.org takes reasonable steps
to safeguard and to prevent unauthorized access to your personal information,
we cannot be responsible for the acts of those who gain unauthorized access,
and we make no warranty, express, implied, or otherwise, that we will prevent
unauthorized access to your private information. In no event shall arcuk.org
or its affiliates be liable for any damages (whether consequential, direct,
incidental, indirect, punitive, special or otherwise) arising out of, or in
any way connected with, a third party's unauthorized access to your personal
information, regardless of whether such damages are based on contract, strict
liability, tort or other theories of liability, and also regardless of whether arcuk.org was given actual or constructive notice that damages were possible.
4. Consent To Our Communication
With You By E-Mail. By establishing a My Account with us, and each time you
make a purchase through our Site, you grant permission for Arcuk.org to
contact you at your e-mail address. To stop receiving our marketing emails,
use My Account Information to change your E-Mail Notification, send an
e-mail to us at
care@arcuk.org or follow the opt-out procedures set forth in such
marketing emails.
5. Digital Downloads.
Authorized End Users.
In addition to the requirements of Section 6 of this Terms of Use, you must
meet all of the following requirements to download any Digital Downloads: (i)
any Digital Downloads that you purchase may only be downloaded to your Primary
Computer (defined below) or transferred to Secondary Computers (defined below)
or Portable Devices (defined below), and (ii) you must first be a registered
user of this Site and in full compliance with this Terms of Use.
Usage Rules.
All downloaded music, images, video, artwork, text, software and other
copyrightable materials ("Digital Downloads") are sublicensed to End
Users and not sold, notwithstanding use of the terms "sell," "purchase,"
"order," or "buy" on the Site or this Terms of Use. Your Digital Download
sublicense is nonexclusive, non-transferable, and non sub-licensable.
Standard Usage Rules.
You may download music to a single registered personal computer ("Primary
Computer"). You may then transfer music files and backup license files to up
to two (2) additional personal computers ("Secondary Computers") (but without
rights to further transfer or copy from those Secondary Computers). You may
play music an unlimited number of times on your Primary Computer and your
Secondary Computers. You shall be entitled to (A) burn (only from your Primary
Computer) Digital Downloads solely for personal, non-commercial use up to
three (3) times, and (B) export Digital Downloads (solely from the Primary
Computer) nine times to a Portable Device (as defined below). The foregoing
are collectively referred to as the "Standard Usage Rules", and together with
any more restrictive usage rules that may be imposed by certain labels and
licensors, the "Usage Rules".
Different Licensors May Require
More Restricted Usage Rules. Unfortunately,
certain labels and licensors of digital downloads may require stricter usage
rules than the Standard Usage Rules. When applicable, we will identify these
more restrictive usage rules prior to your purchase of a Digital Download that
is subject to any such restrictive usage rule.
You may only download, transfer,
copy and use the Digital Downloads as stated in the particular Usage Rules for
that Digital Download, which Usage Rules are hereby incorporated by reference.
No other downloads, transfers, copies or uses of Digital Downloads are
permitted. All other rights are reserved. As a condition of purchasing each
Digital Download, you represent to Arcuk.org that you understand and agree to
the limited uses associated with a particular Digital Download's Usage Rules.
Approved Electronic Devices For
Digital Downloads. The Digital Music Downloads
are sublicensed for play only upon approved electronic devices. "Approved
Electronic Devices" are subject to the Usage Rules above and include the
following: (i) the Primary Computer and Secondary Computer registered with
this Site, and (ii) lightweight devices that receive and store digital music
files, and play them back in analog form, but which are incapable of further
transferring Digital Downloads ("Portable Devices"). Portable Devices
must support the Windows Media Audio ("WMA") format and meet "Class
1000" standards. WMAs are not compatible with any Macintosh Operating Systems.
Without limiting any provision herein, arcuk.org makes no warranty that any
particular compact disc burner will be compatible with any digital download or
that any compact disc burned will function in all compact disc players.
Prohibited Uses of Digital
Downloads. You may not reverse engineer,
decompile, disassemble, modify or disable any copy protection or use
limitation systems associated with any of the Digital Downloads. You may not
play and then re-digitize any of the Digital Downloads, or upload those Digital
Downloads to the Internet. You may not create any "derivative works" by
altering any of the Digital Downloads. You may not use the Digital Downloads
in conjunction with any other third-party content (e.g., to provide sound for a
film). You may not exploit any Digital Download for any commercial purposes
(including the sale of bundled Digital Downloads transferred onto Approved
Electronic Devices). You further agree to indemnify and hold harmless
Arcuk.org for your failure to comply with this section.
Conditions to Sublicensing of
Digital Downloads to You. Digital Rights Management ("DRM") software will be
downloaded onto your Approved Electronic Devices along with your Digital
Download music files, and will limit your uses as specified in the Usage
Rules. You must first install, and limit any
approved uses of the Digital Music Download, using only Microsoft
Corporation's Windows Media Player 9 Series, or a later higher version. You
must also first install a software program that is used to compress and
decompress ("codec") music files. At present, the only approved codec
is Microsoft Corporation's Windows Media Audio version 9 or higher. Arcuk.org
reserves the right to change at any time, without prior notice to you, the
software required to download, transfer, copy and use or limit use of any of
the Digital Downloads. The speed at which a Digital Download can be
transferred to your registered personal computer depends in large part upon
the bandwidth of the connection provided to you by your Internet Service
Provider. You are responsible for all charges associated with use of your
Internet Service.
6. Conditions of Sale and Payment
Terms. To purchase any goods and/or services on
our Site, you must (a) be at least eighteen (18) years of age or the
applicable state age of majority, and (b) be a natural person (no
corporations, partnerships or other legal entities). Prior to the purchase of
any goods or services on our Site, you must provide our payment gateway with a
valid credit card number and associated payment information including all of
the following: (i) your name as it appears on the card, (ii) your credit card
number, (iii) the credit card type, (iv) the date of expiration and (v) any
activation numbers or codes needed to charge your card. By submitting that
information to us, you hereby agree that you authorize our payment gateway to
charge your card at our convenience but within thirty (30) days of credit card
authorization. All sales of products and services are final. All charges from
those sales are non-refundable.
7. Methods of Payment, Credit Card
Terms and Taxes. All payments must be made by
using our payment gateway, the facility we have subscribed to in order to
accept payments on our behalf. We currently do not accept cash, cheques or any
other payment form for internet purchases, although in the future we may
change this policy. Your card issuer agreement governs your use of your
designated card, and you must refer to that agreement and not this Terms of
Use to determine your rights and liabilities as a cardholder. You, and not
arcuk.org, are responsible for paying any unauthorized amounts billed to your
credit card by a third party. You agree to pay all fees and charges incurred
in connection with your purchases (including any applicable taxes) at the
rates in effect when the charges were incurred. Unless you notify Arcuk.org or
our payment gateway of any discrepancies within sixty (60) days after they
first appear on your credit card statement, you agree that they will be deemed
accepted by you for all purposes. If Arcuk.org or our payment gateway does not
receive payment from your credit card issuer or its agent, you agree to pay
all amounts due upon demand by Arcuk.org or its agents. You are responsible
for paying any governmental taxes imposed on your purchases, including, but
not limited to, sales, use or value-added taxes. Arcuk.org shall automatically
charge and withhold the applicable sales tax for orders that it deems is
required.
8. Order Acceptance Policy.
Your receipt of an electronic or other form of order confirmation does not
signify our acceptance of your order, nor does it constitute confirmation of
our offer to sell. Arcuk.org reserves the right at any time after receipt of
your order to accept or decline your order for any reason. Arcuk.org further
reserves the right any time after receipt of your order, without prior notice
to you, to supply less than the quantity you ordered of any item. Your order
will be deemed accepted by Arcuk.org upon our delivery of products or services
that you have ordered, or upon the completion of the license and delivery of a
Digital Download, as indicated by our servers. All orders placed over £1000.00
(U.K.) must obtain pre-approval with an acceptable method of payment, as
established by our or our payment gateway credit and fraud avoidance
department. We may require additional verifications or information before
accepting any order.
9. No Responsibility To
Sell Incorrectly Priced Products Or Services. Arcuk.org shall
have the right to refuse or cancel any orders placed for products and/or
services listed at an incorrect price, rebate or refund, or containing any
other incorrect information or typographical errors. Arcuk.org shall have the
right to refuse or cancel any such orders whether or not the order has been
confirmed and your credit card charged. If your credit card has already been
charged for the purchase and your order is cancelled, Arcuk.org shall
immediately issue a credit to your credit card account in the amount of the
charge.
10. Modifications to Prices or
Billing Terms. Arcuk.org reserves the right, at
any time, to change its prices and billing methods for products or services
sold, effective immediately upon posting on the site or by e-mail delivery to
you.
11. Price Comparisons, "List Price"
and "You Save". Price comparisons may be made
throughout the site to indicate the relative savings amounts of our pricing.
"LIST PRICE" is the suggested retail price provided to us by our
suppliers. We make no representation that a substantial number of these
products have been sold or offered for sale at the list price. Actual retail
prices in your area may be substantially different. Because we sell our
merchandise over the internet on a national basis, it is not possible to know
if our merchandise is sold at list price in any particular location or at any
particular time. "YOU SAVE" reflects the difference between our price
and the supplier provided list price shown on our sites. Because the list
price may be different than the actual retail prices in your area, you may not
actually realize a savings of this amount and may want to make an exact
comparison for yourself by checking the prices of other internet or local
retailers prior to making a purchase.
12. Service and Support for Goods
Sold. All requests for technical service and
support should be made directly to the manufacturer in accordance with their
terms and conditions.
13. Indemnification.
You agree to indemnify and hold harmless Arcuk.org and its parents,
subsidiaries, affiliates, service providers, other End Users, distributors,
licensors, officers, directors and employees from any claim or demand,
including reasonable attorneys' fees, made by any third party arising out of
or related to your violation of this Terms of Use, or your violation of any
law, regulation or third-party right.
14. Disclaimer of Warranties. The
site, products, services, content, digital downloads, software, artwork, data,
and information are provided "as is." all of arcuk.org's physical products are
guaranteed against material defects for thirty (30) days from the date of
invoice. Except as expressly stated herein, arcuk.org expressly disclaims all
warranties and/or conditions, express or implied, as to any matter whatsoever
relating to or referenced by the arcuk.org site, including, but not limited
to, the implied warranties and/or conditions of merchantability or quality of
data and fitness for a particular purpose, suitability, title,
non-infringement, lack of viruses or correspondence to description.
15. Limitation of liability.
The entire risk arising out of the use of the site, the use of any products
and/or services offered on or in connection with the site, and/or the use of
any content and/or digital downloads remains with you. In no event shall
arcuk.org or its licensors or any of their officers, directors, employees,
agents or affiliates be liable for any consequential, incidental, direct,
indirect, special, punitive, or other damages whatsoever (including, without
limitation, damages for loss of business profits, business interruption, loss
of business information, or other pecuniary loss) arising out of this terms of
use or the use of or inability to use any products, services, content and/or
digital downloads, with the delay or inability to use the arcuk.org site or
related services, the provision of or failure to provide products or services,
or for any information, software, products, services and content obtained
through the site, or otherwise arising out of the use of the arcuk.org site
whether based on contract, tort, negligence, strict liability or otherwise
even if arcuk.org has been advised of the possibility of such damages.
Notwithstanding anything else in this terms of use or posted on the site, the
maximum liability that arcuk.org shall have is limited to any amounts actually
paid to arcuk.org by end user. Order information such as billing or shipping
address that is inaccurate or incomplete may result in delays that shall not
be the responsibility of arcuk.org. You acknowledge and agree that the
limitations of liability, disclaimers of warranties and limited remedies set
forth herein represent an inseparable allocation of risk (including, without
limitation, in the event of a total and fundamental breach of this terms of
use) that is an essential basis of the bargain between the parties.
16. Policy to Terminate Privileges
for Copyright Infringement. Arcuk.org. will
terminate the account of any customer, or vendor who uses his or her
privileges to unlawfully transmit copyrighted material without a license,
valid defence or fair use privilege to do so. After proper notification by the
copyright holder or its agent to the Arcuk.org and later confirmation through
court order or an admission by the customer that an account has been an
instrument of unlawful infringement, Arcuk.org will terminate the infringing
customer's account. Arcuk.org may also in its sole discretion decide to
terminate a customer's account privileges prior to that time if it has good
belief that infringement has in fact occurred. In addition, Arcuk.org has
implemented procedures for receiving written notification of claimed
infringements and for processing such claims in accordance with the Act.
Arcuk.org respects the intellectual property of others and we ask other to do
the same. If you believe that your copyright has been infringed through the
Arcuk.org website, please contact "Legal Department",
info@arcuk.org .
Any written notice describing the
infringing activity must include the following information:
1. A description of the allegedly
infringing work or material;
2. A description of where the
allegedly infringing material is located on the site;
3. Information reasonably sufficient
to allow us to contact you, such as your address, telephone number and e-mail
address;
4. A statement by you that you have a
good faith belief that the disputed use of the material is not authorized by
the copyright or other proprietary right owner, its agent, or the law; and
5. A statement by you that the above
information and notification is accurate, and under penalty of perjury, that
you are the copyright owner or authorized to act on behalf of the owner whose
exclusive right is allegedly infringed.
17. General.
No delay or failure to take action under this Terms of Use shall constitute
any waiver by Arcuk.org of any provision of this Terms of Use. If any
provision of this Terms of Use is invalid or unenforceable under applicable
law, it is, to that extent, deemed enforceable to the fullest extent possible
(and severable in the event such provision is completely unenforceable) and
the remaining provisions of this Terms of Use will continue in full force and
effect. This Terms of Use will bind and inure to the benefit of Arcuk.org's
permitted successors and assigns. Any claim under these Terms of Use must be
brought within one (1) year after the cause of action arises. This Terms of
Use shall be governed by the laws of the United Kingdom without regard to or
application of any conflict of laws provisions. You consent to the exclusive
jurisdiction of the United Kingdom. This Terms of Use is personal to you and
may not be transferred, assigned or delegated to anyone. Any attempt by you to
assign, transfer or delegate this Terms of Use shall be null and void.
Arcuk.org may freely assign this Terms of Use without consent or notice. This
Terms of Use (including all documents expressly incorporated herein by
reference, including but not limited, to the relevant Usage Rules) constitutes
the complete and exclusive agreement between Arcuk.org and you with respect to
the subject matter hereof and supersedes all prior oral or written
understandings, communications or agreements not specifically incorporated
herein.
Last modified:28 March 2005
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software
Foundation, Inc. 675 Mass Ave, Cambridge, MA 02139, USA. Everyone is permitted
to copy and distribute verbatim copies of this license document, but changing
it is not allowed.
Preamble
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
0. 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.
1. 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.
2. 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:
a) You must cause the modified files to
carry prominent notices stating that you changed the files and the date of any
change.
b) 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.
c) 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.
3. 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:
a) 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,
b) 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,
c) Accompany it with the information
you received as to the offer to distribute corresponding source code. (This
alternative is allowed only for non-commercial 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
NO WARRANTY
11. 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.
12. 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 |