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-C.A.P.S. - The Classic Amiga Preservation Society
-Freeware License Agreement (License, Copyright and Terms of Use)
-
-
-ATTENTION: READ CAREFULLY: By using, copying, or distributing the
-accompanying software you indicate your acceptance of the following
-C.A.P.S. Freeware License Agreement ("Agreement").
-
-
-PREAMBLE
-
-The C.A.P.S. philosophy dictates that the technology associated with
-allowing floppy disk based computer games (C.A.P.S. is not just an
-Amiga focused organisation, even though it started out that way) to be
-contained in a preservable form should be provided for free (free as
-in "free beer"). No profit whatsoever should be made as a result of
-this technology with exception of the original copyright holders.
-
-This license enforces this philosophy. It protects against misuse of
-a technology that has been a long time in development and is provided
-to the Amiga community or anyone else who would like to use it. It also
-intends to protect C.A.P.S. itself from possible legal liability.
-
-The C.A.P.S. software should be thought of as an "enabler", a form of
-distribution. It is just as a ZIP file, just as an ADF file, just as
-your favourite writable CDROM brand. The data or content held by these
-files or media is entirely the responsibility of you, the user. If you
-do not own the product content then you are likely to be breaking the
-license of the content provider or copyright owner. Ultimately, the
-C.A.P.S. technology is just an abstract digital recording medium.
-
-You may notice that this license is very strict in pursuit of getting
-it into the hands of people who wish to use it for free. You cannot
-charge to give it to somebody, not even for media costs. You cannot
-have it on a CDROM that is distributed for payment. You cannot use
-it as part of providing a service that receives payment in any form.
-
-The only exception where the C.A.P.S. technology may be possibly used
-with payment is by an original copyright holder (or appointed body).
-They can of course contact C.A.P.S. for a special license for games
-they own so long as proof of ownership is provided and such a license
-will be restricted to these games. This special license will of course
-be provided completely for free.
-
-Infringement of any of the terms of this license is breaching
-international copyright laws, but it also hurts the communities
-benefiting from the technology by risking its future improvement
-and availability.
-
-This license was not produced for the fun of it, you should note that
-only those who could possibly financially or otherwise benefit from the
-product are being restricted. Free use (as a user) is not limited, it
-is absolutely free and will stay free forever.
-
-If you do not agree with any of the terms in this license for the
-Technology then you are obviously free to choose not to use it.
-
-The latest version of this license and libraries can be found on our
-site: http://www.caps-project.org.
-
-It is very easy to comply with this license: Do not sell, modify or
-abuse the software or images. That's it. Everything else mentioned is
-here for those who may not understand these very simple rules. :)
-
-
-1. CLARIFICATION. The software product and accompanying documentation
- (the program's object code and documentation are collectively
- referred to as the "Technology") is a technology and does not imply
- any restrictions, warranty, license, obligation or any other link or
- association with what it may contain (the data encapsulated by the
- Technology is referred to as the "Content").
-
- Unless otherwise noted, The Classic Amiga Preservation Society
- ("C.A.P.S.") does not hold the copyright of the "Content", the data
- being reproduced, preserved, represented using the Technology. All
- copyright of Content provided using the Technology is held by its
- respective owners. Terms and conditions may apply to the Content
- that do not affect whatsoever the license agreement provided with
- the Technology.
-
-
-2. LICENSE. C.A.P.S. hereby grants you (each licensee is addressed as
- "you") a non-exclusive, transferable license to use the Technology
- on the following terms and only for non-profit purposes (see Section
- 3 below). You may:
-
- a. use the Technology on any computer in your possession;
-
- b. make copies of the Technology; and
-
- c. distribute the Technology (subject to the requirements of Section
- 3 and 4) only in the form originally furnished by C.A.P.S. with no
- modifications whatsoever. However, the Technology may be distributed
- as part of another software product provided that the particular
- distribution that contains the Technology is provided for non-profit
- purposes as defined in Section 3 below. Making or distributing any
- for-profit distributions, versions, revisions or releases of said
- software product that contains the Technology is prohibited.
-
-
-3. LIMITATIONS ON LICENSE. The license granted in Section 2 is subject
- to the following restrictions:
-
- a. The Technology is to be used only for non-profit purposes unless
- you obtain prior written consent from C.A.P.S. Prohibited for-profit
- and commercial purposes include, but are not limited to:
-
- (i) Selling, licensing or renting the Technology to third parties
- for a fee (by payment of money or otherwise, whether direct or
- indirect);
-
- (ii) Using the Technology to provide services or products to others
- for which you are compensated in any manner (by payment of money
- or otherwise, whether direct or indirect), including, without
- limitation, providing support or maintenance for the Technology;
-
- (iii) Distribution or use from which any form of income is received
- regardless of profits therefrom, or from which any revenue or
- promotional value is received, as well as any distribution to or
- use in a corporate environment. Use of the Technology to promote
- or support a commercial venture is included in this restriction.
-
- (iv) Using the Technology to develop a similar application on any
- platform for commercial distribution; or
-
- (v) Using the Technology in any manner that is generally
- competitive with a C.A.P.S. product as defined by C.A.P.S.
-
- b. Media costs associated with the distribution of the Technology may
- not be recovered. You shall use your best efforts to promptly notify
- C.A.P.S. upon learning of any violation of the above commercial
- restrictions.
-
- c. On each copy of the Technology you must conspicuously and
- appropriately reproduce this license, copyright notice, and
- disclaimer of warranty; keep intact this Agreement and all notices
- that refer to this Agreement or any absence of warranty (whether
- written or interactively displayed); and give any other recipients
- of the Technology a copy of this Agreement.
-
- d. You may not modify, combine commercial applications with, or
- otherwise prepare derivative works of the Technology. Derivative
- works are defined as but not limited to:
-
- (i) Alternative support libraries. We are open to porting to other
- platforms, and so third parties doing such is unnecessary and
- violates the terms of this license.
-
- (ii) Alternative tools that operate on files of the format as
- defined by the Technology. This includes but is not limited to:
- mastering tools (tools that enable Content to be written back to
- physical media like a floppy disk). Reproducing Content provided
- through or by the Technology to any other kind of media, such as
- alternative content provider technology (this also covers any kind
- of converter with the intention of extracting the Content to held
- by any other alternate media format that represents the same
- independently working Content). Additions, removals or other
- modification of data contained by the images.
-
- e. C.A.P.S., in its sole and absolute discretion, may have included
- a portion of the source code or online documentation of the
- Technology. Except for any such portions, you shall not REVERSE
- ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE ANY PORTION OF
- THE TECHNOLOGY TO ANY HUMAN PERCEIVABLE FORM, except to the extent
- this restriction is prohibited by applicable law.
-
- f. Commercial software (as defined in this section 3) may not
- contain any part of the Technology except for that part that is
- defined as the "access API" (the header files that allow interaction
- with the library itself, this is available separately from our site
- and has its own license). This interface to the Technology "library"
- is provided is by us to enable the users of the commercial software
- to benefit from the Technology and still let the commercial software
- comply with this license. In this way, the Technology itself need
- not (and should not) be distributed with a commercial product. The
- user should be advised that he can obtain this missing "plugin" from
- the C.A.P.S. site and that it comes with its own license that is not
- affected in any way by the license covering the commercial product.
- This otherwise does not effect the assertion that the Technology may
- not be used by commercial software as defined by this section 3.
-
- g. No distribution may include the totality or part of the
- Technology (including the Content encapsulated by the technology),
- changed, unchanged, encrypted, archived, in whatever form, unless
- according to the Licence or special agreement with C.A.P.S. This
- Technology, including Content must never be found on any paid-for
- medium.
-
-
-4. DISTRIBUTION: As used in this Agreement, the term "distribute" (and
- its variants) includes making the Technology available (either
- intentionally or unintentionally) to third parties for copying or
- use, including providing timeshare access. Each time you distribute
- the Technology, the recipient must expressly agree to comply with
- these terms and conditions. The recipient automatically receives
- this license to use, copy, or distribute the Technology 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 with this
- Agreement by recipients.
-
-
-5. TITLE. Title, ownership rights, and intellectual property rights in
- and to the Technology, and each copy thereof (including all
- copyrights therein), shall remain in C.A.P.S. The Technology is
- protected by international copyright treaties.
-
-
-6. NO C.A.P.S. OBLIGATION. You are solely responsible for all of your
- costs and expenses incurred in connection with the distribution of
- the Technology, and C.A.P.S. shall have no liability, obligation or
- responsibility therefor. C.A.P.S. shall have no obligation to
- provide maintenance, support, upgrades or new releases to you or
- to any distributee of the Technology.
-
-
-7. NO WARRANTY. THE SOFTWARE IS LICENSED FREE OF CHARGE, AND THERE IS
- NO WARRANTY FOR THE TECHNOLOGY. C.A.P.S. PROVIDES THE TECHNOLOGY
- "AS IS," AND C.A.P.S., AND ALL OTHER PERSONS WHO HAVE BEEN INVOLVED
- IN THE CREATION, PRODUCTION, OR DELIVERY OF THE TECHNOLOGY, DISCLAIM
- ALL CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED,
- STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY
- CONDITIONS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY
- QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO
- THE RESULTS, QUALITY AND PERFORMANCE OF THE TECHNOLOGY IS WITH YOU
- AND YOUR DISTRIBUTEES. SHOULD THE TECHNOLOGY PROVE DEFECTIVE, YOU
- AND YOUR DISTRIBUTEES (AND NOT C.A.P.S.) ASSUME THE COST OF ALL
- NECESSARY SERVICING, REPAIR OR CORRECTION. C.A.P.S. MAKES NO
- WARRANTY OF NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF
- THIRD PARTIES.
-
-
-8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
- THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL C.A.P.S., OR ANY OTHER
- PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR
- DELIVERY OF THE TECHNOLOGY BE LIABLE TO YOU OR ANY OTHER PERSON FOR
- ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
- OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THIS AGREEMENT OR
- THE USE OF OR INABILITY TO USE THE TECHNOLOGY, INCLUDING BUT NOT
- LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, LOSS OF DATA, OUTPUT
- FROM THE TECHNOLOGY OR DATA BEING RENDERED INACCURATE, FAILURE OF
- THE TECHNOLOGY TO OPERATE WITH ANY OTHER PROGRAMS, DAMAGES FOR LOSS
- OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION,
- OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF
- C.A.P.S. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
-
-
-9. INDEMNIFICATION. You and your distributees shall defend, indemnify
- and hold harmless C.A.P.S., and all other persons who have been
- involved in the creation, production, or delivery of the Technology,
- from any claim, demand, liability, damage award, suit, judgement, or
- other legal action (including reasonable attorney's fees) arising
- out of your use, distribution, modification, or duplication of the
- Technology.
-
-
-10 TERMINATION. The license granted hereunder is effective until
- terminated by C.A.P.S.. You may terminate it at any time by
- destroying the Technology. This license will terminate automatically
- if you fail to comply with the limitations described above. On
- termination, you must destroy all copies of the Technology. The
- termination of your license will not result in the termination of
- the licenses of any distributees who have received rights to the
- Technology through you so long as they are in compliance with the
- provisions of this Agreement.
-
-
-11. MISCELLANEOUS. This Agreement represents the complete agreement
- concerning this license between the parties and supersedes all
- prior agreements and representations between them. It may not be
- amended. If any provision of this Agreement is held to be
- unenforceable for any reason, this Agreement shall terminate.
-
- The most current version of this license is kept on the C.A.P.S.
- web site. Due notice shall be given if ever the license changes,
- then all versions of the Technology will be constrained by the
- newer license.
-
- Anything else not covered by this agreement must be agreed with
- us before any action can be taken by any party.
-
- Address all correspondence regarding this license to:
-
- C.A.P.S.
- license@caps-project.org
-
-
-Copyright and Trademark Notices:
---------------------------------
-The Technology is Copyright (c) C.A.P.S. 2003. All rights reserved.
-The documentation and all computer files are also Copyright
-(c) C.A.P.S. 2003. All rights reserved. These rights include but are
-not limited to any foreign language translations of the documentation
-or the Technology, and all derivative works of both. All other
-trademarks are the property of their respective owners.
-
-
-C.A.P.S.
-The Classic Amiga Preservation Society
-http://www.caps-project.org