License

Copyright (C) 2003-2017

Otter Research Ltd and 
Pacific Community (SPC)

LICENSE

THE PROGRAM (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS LICENSE. THE PROGRAM IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE PROGRAM OTHER THAN AS AUTHORIZED UNDER THIS LICENSE IS PROHIBITED.

BY EXERCISING ANY RIGHTS TO THE PROGRAM PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

1. Definitions

a. "Derivative Program" means a program based upon the Program or upon the Program and other pre-existing programs in which the Program may be recast, transformed, or adapted, except that a program that constitutes a Package will not be considered a Derivative Program for the purpose of this License.

b. "Licensor" means the individual or entity that offers the Program under the terms of this License.

c. "Original Author" means the individual or entity who created the Program.

d. "Package" means a software package, in which the Program in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent programs in themselves, are assembled into a collective package. Such a Package will not be considered a Derivative Program for the purposes of this License.

e. "Program" means the copyrightable computer software, including executable and source code, offered under the terms of this License.

f. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Program, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.

2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.

3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Program as stated below:

a.    to reproduce the Program, to incorporate the Program into one or more Packages, and to reproduce the Program as incorporated in the Packages;

b.    to distribute copies of the Program including as incorporated in Packages;

The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved.

4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:

a.    You may distribute the Program only under the terms of this License, and You must include a copy of this License with every copy of the Program You distribute. You may not offer or impose any terms on the Program that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Program. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute the Program with any technological measures that control access or use of the Program in a manner inconsistent with the terms of this License Agreement. The above applies to the Program as incorporated in a Package, but this does not require the Package apart from the Program itself to be made subject to the terms of this License.

b.    You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation.

c.    If you distribute the Program or any Packages, You must keep intact all copyright notices for the Program and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name (or pseudonym if applicable) of the Original Author if supplied; the title of the Program if supplied. Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Package, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.

5. Representations, Warranties and Disclaimer

a.    By offering the Program for public release under this License, Licensor represents and warrants that, to the best of Licensor's knowledge after reasonable inquiry:

i.      Licensor has secured all rights in the Program necessary to grant the license rights hereunder and to permit the lawful exercise of the rights granted hereunder without You having any obligation to pay any royalties, compulsory license fees, residuals or any other payments;

ii.      The Program does not infringe the copyright, trademark, publicity rights, common law rights or any other right of any third party or constitute defamation, invasion of privacy or other tortious injury to any third party.

b.    EXCEPT AS EXPRESSLY STATED IN THIS LICENSE OR OTHERWISE AGREED IN WRITING OR REQUIRED BY APPLICABLE LAW, THE PROGRAM IS LICENSED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING FITNESS OF THE WORK FOR A PARTICULAR PURPOSE.

6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, AND EXCEPT FOR DAMAGES ARISING FROM LIABILITY TO A THIRD PARTY RESULTING FROM BREACH OF THE WARRANTIES IN SECTION 5, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE PROGRAM, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Termination

a.    This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Packages from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.

b.    Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Program). Notwithstanding the above, Licensor reserves the right to release the Program under different license terms or to stop distributing the Program at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.

8. Miscellaneous

a.    Each time You distribute the Program or a Package, the Licensor offers to the recipient a license to the Program on the same terms and conditions as the license granted to You under this License.

b.    If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

c.    No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.

d.    This License constitutes the entire agreement between the parties with respect to the Program licensed here. There are no understandings, agreements or representations with respect to the Program not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.