Logic Arts Ltd offers dual licensing of VOSS under the GNU General Public Licence v3 and/or Commercial licence purchased from Logic Arts.
STATEMENT OF LICENCE TERMS
PLEASE READ THIS CAREFULLY BEFORE USING THIS SOFTWARE
This is an offer by Logic Arts Ltd (”Logic Arts”) to license the purchaser (”the Licencee” or “You”) to use this software (”the Software”) on the terms and conditions below. By using the Software the Licencee agrees to be bound by the terms of this agreement.
The Software comprises copyright property of Logic Arts and may not be used nor copied nor propagated except under the terms below. The Licencee may own physical media upon which the Software is recorded. Logic Arts reserves all rights not expressly granted herein. UNDER NO CIRCUMSTANCES MAY YOU USE THE SOFTWARE (INCLUDING WITHOUT LIMITATION THE SOURCE CODE THEREOF) AS THE BASIS FOR OR IN CONNECTION WITH A PRODUCT THAT CONTAINS THE SAME, OR SUBSTANTIALLY THE SAME, FUNCTIONALITY AS THE SOFTWARE.
GPL DEVELOPMENT LICENCE
Development Use of the Software may be licensed under the GNU General Public Licence Version 3 (”GPL v3″), details of which may be found at http://www.fsf.org/licensing/licenses/gpl.html Note that under the terms of GPL v3 Your entire product incorporating the Software must comply with the same GPL v3 licence, including the host Smalltalk Virtual Machine and Development System, whose use may be differently restricted under the terms of its licence.
GPL RUNTIME LICENCE
Runtime Use of the Software may be licenced under the GNU General Public Licence Version 3 (”GPL v3″), details of which may be found at http://www.fsf.org/licensing/licenses/gpl.html Note that under the terms of GPL v3 Your entire product incorporating the Software must comply with the same GPL v3 licence, including the host Smalltalk Virtual Machine and Runtime System, whose use may be differently restricted under the terms of its licence.
COMMERCIAL DEVELOPMENT LICENCE
Commercial Development Use of the Software in the host Development System, avoiding the constraints of the GNU General Public Licence, may be licensed by purchase of a Commercial Development Licence from Logic Arts. A Commercial Development Licence grants the Licencee a nonexclusive nontransferable licence for the Software to be used in the host Development System by a specified number of persons (”Number of Licences”) on separate or networked computers until the stated expiry date (if any), provided that no part of the Software be in use concurrently by more than the specified number of persons. Such number of persons and expiry (if any) are as specified in the Commercial Development Licence agreed with Logic Arts. Logic Arts grants the right to make backup copies of the Materials consistent with current industry practice.
COMMERCIAL RUNTIME LICENCE
Commercial Runtime Use of the Software avoiding the constraints of the GNU General Public Licence may be licensed by purchase of a Commercial Runtime Licence from Logic Arts. A Commercial Runtime Licence grants the Licencee a nonexclusive nontransferable licence to distribute a limited number of copies of bona fide software applications incorporating the Software installed in Runtime Images as defined by the host software environment. Such limited number of copies, the number of users of them and their expiry date are as specified in the Commercial Runtime Licence agreed with Logic Arts. Logic Arts grants the right to make backup copies of the Materials consistent with current industry practice.
DISCLAIMER AND LIMITED WARRANTY
LOGIC ARTS PRODUCTS ARE LICENSED AND SUPPLIED “AS IS”, WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THEIR PERFORMANCE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU ARE ADVISED TO TEST THE SOFTWARE THOROUGHLY BEFORE RELYING UPON IT FOR ANY PURPOSE. STATEMENTS BY THE SUPPLIER’S SALESPERSONS DO NOT CONSTITUTE WARRANTIES. THE ENTIRE RISK RELATING TO THE RESULTS AND PERFORMANCE OF THE PRODUCTS IS WITH YOU. ANY LIABILITY OF THE SUPPLIER OR MANUFACTURER SHALL BE LIMITED EXCLUSIVELY TO REPLACEMENT OF THE PRODUCT OR REFUND OF THE PURCHASE PRICE.
LOGIC ARTS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, INTERRUPTION OF BUSINESS OR LOSS OF INFORMATION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, ANY LOGIC ARTS PRODUCT, NOTWITHSTANDING THAT LOGIC ARTS MAY HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES; NEITHER SHALL LOGIC ARTS BE LIABLE FOR ANY CLAIM BY ANY OTHER PARTY.
HOWEVER, TO THE ORIGINAL PURCHASER ONLY, LOGIC ARTS WARRANTS THE PHYSICAL MEDIA UPON WHICH THE PRODUCTS ARE RECORDED TO BE FREE FROM DEFECTS AND FAULTY WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF NINETY DAYS FROM THE DATE OF PURCHASE. IF DURING THIS NINETY DAY PERIOD SUCH MEDIA SHOULD BECOME DEFECTIVE, IT MAY BE RETURNED TO LOGIC ARTS FOR REPLACEMENT WITHOUT CHARGE, PROVIDED THAT PROOF OF PURCHASE ACCOMPANIES THE RETURNED PRODUCT.
YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A DEFECT IS EXPRESSLY LIMITED TO REPLACEMENT OF THE DEFECTIVE MEDIA AS ABOVE. IF FAILURE SHALL HAVE RESULTED FROM ACCIDENT OR ABUSE LOGIC ARTS SHALL HAVE NO RESPONSIBILITY TO REPLACE SUCH MEDIA UNDER THE TERMS OF THIS LIMITED WARRANTY.
ANY IMPLIED WARRANTIES RELATING TO THE MEDIA, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO A PERIOD OF NINETY DAYS FROM THE DATE OF PURCHASE.
This agreement constitutes the entire agreement between the licencee and Logic Arts Ltd, and supersedes all prior verbal or written agreements or understandings. Failure or delay in enforcing any provision in this agreement shall not be deemed to waive such provision in respect of any subsequent breach or continuance of any existing breach. If any provision in this agreement be held by a competent court to be contrary to law then such provision shall be upheld to the maximum extent possible and the remaining provisions shall remain in effect.
This agreement shall be governed and construed in accordance with the laws of England.
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