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