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
