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diff --git a/licenses/CAPS b/licenses/CAPS deleted file mode 100644 index cfa94ce6d..000000000 --- a/licenses/CAPS +++ /dev/null @@ -1,300 +0,0 @@ -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 |