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MOSIX SOFTWARE LICENSE AGREEMENT
================================
THE ACCOMPANYING CODE, HEREINAFTER CALLED ``THE CODE'', INCLUDING ANY
FILES CONTAINED IN THIS DIRECTORY AND ANY OF ITS SUB-DIRECTORIES TO ANY
DEPTH (UNLESS PARTICULAR FILES OR SUB-DIRECTORIES ARE EXPLICITLY COVERED
BY ANOTHER LICENSE AGREEMENT), IS PROVIDED UNDER THE TERMS AND CONDITIONS
OF THIS LICENSE AGREEMENT. DOWNLOADING, REVIEWING OR USING THE CODE
CONSTITUTES YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT. IF YOU DO NOT
ACCEPT ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT YOU ARE NOT
AUTHORIZED TO DOWNLOAD, REVIEW OR USE THE CODE. NOTHING OTHER THAN THIS
LICENSE GRANTS YOU PERMISSION TO USE THE CODE.
1. DEFINITIONS:
OUR SOFTWARE:
1. THE CODE: this software.
2. Any software owned by Amnon Barak or Amnon Shiloh or both.
3. In case of transfer of ownership of THE CODE:
3a) any software that was previously included under this definition,
unless excluded by the new owner(s) from this definition.
3b) any software subsequently licensed by the new owner(s), which
they deem to be related and therefore included in this
definition.
4. Any derivatives of the above 1, 2 and 3.
END-USER:
Any person, entity, company or organization that uses THE CODE for
their own internal use, in their capacity as such, but specifically
excluding those who pass THE CODE on to third parties.
EMPLOYEES, CONTRACTORS OR ASSOCIATES (of an END-USER):
Anyone who is employed by the END-USER, which employment is unrelated,
in part or in whole, in any way to any of OUR SOFTWARE.
INTERNAL MODIFICATION:
Any modification that was entirely made by the END-USER in person, by
their EMPLOYEES, CONTRACTORS OR ASSOCIATES, or any combination thereof,
for their own internal use.
CONTRIBUTION:
A suggestion to add to, delete from or modify THE CODE, including, but
not limited to, in descriptive language, in algorithm-specification, or
in patch form.
2. OWNERSHIP:
THE CODE is the intellectual property of the Copyright owner
(currently, Amnon Barak or Amnon Shiloh or both). You agree that
THE CODE, in whole or in part, including any derivative, is, and shall
at all times remain the property of the Copyright owner. You shall
have no right, title or interest therein or thereto except as expressly
set forth in this LICENSE.
3. USING THE CODE:
You may use THE CODE or its derivatives (as a whole) in the following
manner:
1. You may execute THE CODE in association with a computer device.
2. You may make copies of THE CODE or its derivatives for yourself or
for your company or your organization.
3. As an END-USER you may make INTERNAL MODIFICATIONS to THE CODE. To
make other modifications, you must obtain a written permission from
the Copyright owner (and fully comply with all its terms and
conditions).
4. You may redistribute THE CODE, provided that:
4.1) You either:
4.1a) distribute THE CODE "AS IS", without any modifications.
or
4.1b) distribute a compiled binary version of THE CODE "AS IS",
under this LICENSE and free of any other license.
or
4.1c) received a written permission from the Copyright owner to
distribute modified versions of THE CODE and fully comply
with all the terms and conditions set by that special
permission. In that case (unless otherwise stated in the
special-permission note), all rights to the modified code
will belong to the Copyright owner and you must make sure
that no legal conflicts prevent this.
AND
4.2) You include this exact License Agreement, clearly and
conspicuously, in all copies of THE CODE (or the
binaries/derivatives you produced thereof).
AND
4.3) You must clearly convey to all those receiving THE CODE from
you, that THE CODE is our software, and not make any
representation that THE CODE, whether modified or not, or any
part thereof is in some way yours or anybody else's creation.
4. PROHIBITED USES:
Any use not specifically permitted by the Copyright owner is hereby
excluded from this License Agreement.
5. CONTRIBUTIONS:
You have no obligation to send the Copyright owner any CONTRIBUTIONS to
THE CODE. By sending CONTRIBUTIONS to the Copyright owner, you
relinquish your rights to those CONTRIBUTIONS, and make them the
intellectual property of the Copyright owner (with all the legal
implications). The Copyright owner will not be obliged to include the
CONTRIBUTIONS or any parts thereof in future releases of THE CODE.
Before sending any CONTRIBUTION, IT IS YOUR RESPONSIBILITY to make sure
that your CONTRIBUTION is your own creation and that it is free from
any conflicting License, Patent, Trademark, trade-secret, or other
intellectual-property rights.
6. REVERSE-ENGINEERING:
Reverse-engineering of parts of THE CODE (if any) that are provided in
binary and/or assembly form is not allowed.
7. DISCLAIMER OF WARRANTIES:
THE COPYRIGHT OWNER, AS WELL AS ANY PREVIOUS COPYRIGHT OWNER, MAKES NO
REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING
THE CODE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8. LACK OF SERVICES:
YOU ACKNOWLEDGE THAT THE CODE IS BEING SUPPLIED ``AS IS'', WITHOUT ANY
ACCOMPANYING SERVICES. THE COPYRIGHT OWNER, AS WELL AS ANY PREVIOUS
COPYRIGHT OWNER, DOES NOT WARRANT THAT THE OPERATION OF THE CODE WILL
BE UNINTERRUPTED OR ERROR-FREE.
9. INDEMNIFICATION:
You agree to indemnify, defend and hold harmless the Copyright owner,
any previous Copyright owners and their officers, and employees, either
in their individual capacities or by reason of their relationship to
the Copyright owner or any previous Copyright owner, with respect to
any expense, claim, liability, loss or damages, including any direct,
indirect, special, incidental or consequential damages (including lost
profits), whether incurred, made or suffered by LICENSEE or by other
third parties, in connection with or in any way arising out of the
furnishing, performance or use of THE CODE in connection with this
agreement. Your obligations include, but are not limited to, your
obligation to indemnify, defend, and hold the Copyright owner as well
as any previous Copyright owner, their agents, officers and employees
harmless in the case of any claim of copyright, trade secret, patent,
or any other type of proprietary rights infringement based in any
manner on your use of THE CODE as well as your failure for whatever
reason to disclose such infringements relating to your CONTRIBUTIONS.
10. LIMITATION OF LIABILITY:
THE COPYRIGHT HOLDER, AS WELL AS ANY PREVIOUS COPYRIGHT OWNER, SHALL
NOT BE LIABLE FOR ANY COSTS, DAMAGES, INCLUDING DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL (INCLUDING LOST PROFITS), FEES
INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, OR OTHER LIABILITY WITH
RESPECT TO ANY CLAIM BY LICENSEE OR ANY THIRD PARTY ON ACCOUNT OF OR
ARISING FROM THIS AGREEMENT OR USE OF THE CODE.
11. ISRAEL LAW:
This agreement shall be governed by and construed in accordance with
the laws of the State of Israel only. The courts of the State of
Israel and specifically and uniquely the courts in the district of
Tel-Aviv, Israel shall have the sole and only jurisdiction to
adjudicate any matter or dispute related to or in connection with this
License Agreement.
Copyright (c) 2002 Amnon Barak. All rights reserved.
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