| The Software Preservation Society ("SPS") |
| Licence Agreement (Licence, Copyright and Terms of Use) |
| |
| SPS technology is exclusively represented and licensed by |
| KryoFlux Products & Services Limited, 80 Allington Way, Maidstone, |
| ME16 0HN, United Kingdom |
| |
| |
| ATTENTION: READ CAREFULLY: By using, copying, or distributing the |
| accompanying software you indicate your acceptance of the following |
| SPS Licence Agreement ("Agreement"). |
| |
| |
| PREAMBLE |
| |
| The SPS philosophy dictates that the technology associated with capturing |
| floppy disk based software should be provided to "the community" for free |
| (free as in "free beer") to the greatest extent possible in order to |
| facilitate digital preservation efforts. |
| |
| This licence enforces that philosophy. It protects against misuse of |
| a technology that has been a long time in development and is provided |
| to the community or anyone else who would like to use it. It also |
| intends to protect SPS itself from possible legal liability. |
| |
| |
| SPS technology covered by this license can be divided into two categories: |
| |
| KRYOFLUX HIGH DEFINITION FLUX SAMPLER FOR USB: Preservation starts at |
| the ingestion level. SPS therefore has developed a combination of hard |
| and software targeted at software preservation called KryoFlux. KryoFlux |
| software may be used for private, non-commercial purposes only. KryoFlux |
| hardware schematics are provided for private, non-commercial use as well. |
| Therefore private users can decide to build a KryoFlux board on their own, |
| as long as the board is used for private purposes only and as long as such |
| boards are not being sold to others (this includes boards given away for |
| any kind of compensation). Licenses for commercial, government or academic |
| use of KryoFlux can be applied for by contacting us at the email at the |
| bottom of this license. |
| |
| CTA SOFTWARE PRESERVATION ANALYSER: This product is the core of SPS |
| technology and is under constant development since 2001. The Analyser |
| is used by SPS internally and also available as a commercial product for |
| institutes, libraries, archives and museums. The Analyser is not free, it |
| is commercial software. This means that possession or distribution without |
| a proper licence is breach of international copyright treaties. |
| |
| |
| The IPF support library is covered by a separate license and is |
| specifically excluded from the terms laid out in this license, available |
| in the IPF support library distribution. |
| |
| |
| You may notice that this licence is very strict in pursuit of getting |
| the software into the hands of people who wish to use it for free. You |
| can not distribute it without written permission, charge to give it to |
| somebody, not even for media costs. You cannot have it on a CD ROM that is |
| distributed for payment. You cannot use it as part of providing a service |
| that receives payment in any form. |
| |
| Any source provided (if any) is for inspection, understanding and |
| safe keeping only. This will ensure that data capture or stored with |
| SPS technology can still be accessed in the future even if there is |
| no successor or representative of SPS available. |
| |
| Infringement of any of the terms of this licence is breaching |
| international copyright laws, but it also hurts the communities |
| benefiting from the technology by risking its future improvement |
| and availability. |
| |
| This licence was not produced for the fun of it, you should note that |
| only those who could possibly benefit financially are being restricted. |
| Those people should negotiate an alternative license, which helps fund |
| future development and our preservation activities. |
| |
| If you do not agree with any of the terms in this licence for the |
| Technology then you are obviously free to choose not to use it. |
| |
| The latest version of this licence, libraries and imaging software can be |
| found on the following sites: |
| |
| http://www.softpres.org |
| |
| http://www.kryoflux.com |
| |
| |
| It is very easy to comply with this licence: Do not sell, modify or |
| abuse the software and don't steal code from source provided. Learn, |
| understand and write your own if you need to. Feel free to ask if you |
| want to use something you can not create on your own. That's it. |
| Everything else mentioned is here for those who may not understand |
| these simple rules. |
| |
| |
| 1. CLARIFICATION. The software product and accompanying documentation |
| (the program's object code, source code and documentation, explicitly |
| excluding the file format definitions (e.g. but not limited to IPF, |
| STREAM, DRAFT) included within, are collectively referred to as the |
| "Technology") is a technology and does not imply any restrictions, |
| warranty, licence, obligation or any other link or association with |
| what it may contain (the data ingested or encapsulated by the |
| Technology is referred to as the "Content"). |
| |
| Unless otherwise noted, The Software Preservation Society ("SPS") |
| does not hold the copyright of the Content, the data being ingested, |
| 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 licence agreement provided with the Technology. |
| |
| |
| 2. LICENCE. |
| |
| I. LICENCE for KRYOFLUX HIGH DEFINITION FLUX SAMPLER software |
| |
| SPS hereby grants you a non-exclusive, non-transferable licence to |
| use the Technology on the following terms and only for private, |
| non-profit purposes (see Section 3 below) unless explicitly sold by |
| SPS or its affiliates as a governmental, academic or commercial |
| edition. |
| |
| You may: |
| |
| a. use the Technology on any computer in your possession; |
| |
| b. make copies of the Technology for backup purposes; |
| |
| c. inspect ("understand") the source code (if provided). |
| |
| SPS explicitly does not claim any ownership in the Content (the |
| data) ingested by the user with the KRYOFLUX device. |
| |
| |
| II. LICENCE for CTA SOFTWARE PRESERVATION ANALYSER |
| |
| SPS hereby grants you a non-exclusive, non-transferable licence to |
| use the Technology on the following terms (see Section 3 below). |
| |
| You may: |
| |
| a. use the Technology on only one computer in your possession at |
| the same time; |
| |
| b. make up to three copies of the Technology for backup purposes. |
| |
| You explicitly MUST NOT distribute CTA's licensing device or the |
| data stored therein. |
| |
| SPS explicitly does not claim any ownership in the Content (the |
| data) processed by the user with the CTA software. |
| |
| |
| 3. LIMITATIONS ON LICENCE. The licence 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 SPS. 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 in a governmental and / or educational |
| institution or whole subsidiaries thereof; |
| |
| b. Media costs associated with the distribution of the Technology may |
| not be recovered. You shall use your best efforts to promptly notify |
| SPS 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. No distribution may include the totality or part of the |
| Technology changed, unchanged, encrypted, archived, in whatever form, |
| unless according to the Licence or special agreement with SPS. |
| |
| |
| 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 licence 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 SPS. The Technology is |
| protected by international copyright treaties. |
| |
| |
| 6. NO SPS OBLIGATION. You are solely responsible for all of your |
| costs and expenses incurred in connection with the distribution of |
| the Technology, and SPS shall have no liability, obligation or |
| responsibility therefor. SPS 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. SPS PROVIDES THE TECHNOLOGY |
| "AS IS," AND SPS, 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 SPS) ASSUME THE COST OF ALL |
| NECESSARY SERVICING, REPAIR OR CORRECTION. SPS 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 SPS, 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 |
| SPS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. |
| |
| |
| 9. INDEMNIFICATION. You and your distributees shall defend, indemnify |
| and hold harmless SPS, 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 licence granted hereunder is effective until |
| terminated by SPS. You may terminate it at any time by |
| destroying the Technology. This licence 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 licence will not result in the termination of |
| the licences 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 licence 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 licence is kept on the SPS |
| web site. Due notice shall be given if ever the licence changes, |
| then all versions of the Technology will be constrained by the |
| newer licence. |
| |
| Any term of this Agreement which is, or is deemed to be, unlawful |
| shall be ineffective only to the extent of such invalidity without |
| rendering invalid the remaining terms hereof. This Agreement shall |
| be construed and enforced with the same force and effect as if |
| entered into and performed in England and Wales and shall, in all |
| respects, be interpreted in accordance with, and governed by the |
| laws of this country. |
| |
| 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 licence to: |
| |
| licensing@kryoflux.com |
| |
| |
| Copyright and Trademark Notices: |
| -------------------------------- |
| The Technology is Copyright (c) 2001-2014 SPS and István Fábián under |
| exclusive licence to KryoFlux Products & Services Limited. All rights |
| reserved. The documentation and all computer files are also Copyright |
| (c) 2001-2014 SPS and István Fábián under exclusive licence to KryoFlux |
| Products & Services Limited. 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. |
| |
| |
| SPS - The Software Preservation Society |
| http://www.softpres.org |
| |
| KryoFlux Products & Services Limited |
| http://www.kryoflux.com |
| |
| |
| rev. 1.11 - 2014-02-04 |